[ POEA MEMORANDUM CIRCULAR NO. 37 s. 1990, September 20, 1991 ]
CLARIFICATORY INFORMATION RELATIVE TO THE SPECIAL PRIVILEGE OF RETURNING OCWS
The customs order does not repeal any existing tariff and customs law/rulings relative to such privilege, but merely supplements. The so-called balikbayan boxes are only being regulated by virtue of said order, which limits their entry, quantity, value and frequency.
Enumerated hereunder are the requirements/limitations set forth:
1. Requirement for Registration - OCW who sends balikbayan boxes, shall register with the proper Philippine government official by executing an Affidavit in accordance with the prescribed format before an officer of the Philippine embassy/consulate nearest such sender's place of residence, business or employment.
2. Limitations fixed therein are as follows:
a. As to value US$500.00b. As to quantity/kind
b-1.Foodstuff such as canned goods, grocery items, etc. 1 dozen of a kind b-2.Wearing apparel, whether used or new and clothing material not exceeding 3 yards per cut 1 dozen of a kind b-3.Other household, personal effects, whether used or new 1 dozen of a kindc. As to number of box/package oned. As to frequency: One individual consignment/shipment per registered consignor/sender during a period of six (6) months;
Provided that, home appliances shall be disallowed; and provided further that, any shipment/consignment entered in violation of the limitations herein fixed shall automatically be subject to seizure proceedings, without prejudice to the cancellation/revocation of the consignor's sender's certificate of registration.
The abovementioned disallowance applies only to home appliances and other items, unaccompanied by the balikbayan/OCW considering that said items can be brought free of duty and tax, up to a maximum value of Ten Thousand Pesos, (P10,000.00). In excess of this, a 50% across the board duty shall be imposed on each one of a kind, if accompanied by the OCW or balikbayan.
Accompanied balikbayan boxes include the following:
- Those personally brought home by the OCW/balikbayan; and
- Those entered within the period of 90 days before or after the arrival of the OCW or balikbayan, which if in case of the former the recipient shall post a bond while in the latter case the OCWs passport will be presented.
Customs Memorandum ORDER NO. 32-90 aims to:
1. Enhance Philippine tradition and culture for the promotion of strong family ties through love and caring, expressed in gift-giving among the family members and relatives living abroad;
2. Protect the legitimate interest of bona fide consignors/sender and their consignees, in particular and the transacting public in general;
3. Prevent "fly-by-night" operators from victimizing innocent consignors/senders and their consignors;
4. Protect the interest of the government; and
5. Prevent and suppress smuggling and other frauds upon Customs.
For the information and guidance of all concerned.
Adopted: 1990
Date Filed: 20 September 1991
(SGD.) JOSE N. SARMIENTO
Administrator