GUIDELINES ON THE TRANSFER OF OVERSTAYING CARGOES FROM THE SOUTH HARBOR TO ATI-ICD CALAMBA IMPLEMENTING THE MEMORANDUM OF AGREEMENT BETWEEN THE BUREAU OF CUSTOMS AND ASIAN TERMI…

1.1    To decongest the port so as to provide for more cargo space
and enhance the revenue generating capability of the Port of Manila;

1.2    To accelerate cargo movement and improve productivity at the South Harbor;

1.3    To optimize the utilization of the Vehicle Tracking System (VTS).

2.         SCOPE – This Order shall apply to overstaying cargoes,
particularly to all dry containerized cargoes which have stayed in the
port for sixty (60) days or more.

3.         GENERAL PROVISIONS

3.1    Only trucks equipped with a Vehicle Tracking System (VTS)
shall be utilized in the transfer of overstaying cargoes from South
Harbor to ATI-ICD Calamba.

3.2    Computer systems must be installed and provided by ATI to
the Bureau to handle the documentation, inventory, records keeping and
audit trail of all transfers to and releases from the ICD, without
prejudice to the established procedures on the On-Line Release System
(OLRS).

3.3    Containers to be transferred shall be covered by the
necessary insurance policy, to be procured by ATI, against possible loss
or damage of the cargoes while in transit to or storage at the ICD.
Said insurance shall answer for the value of the shipment plus the
duties and taxes that may be due thereon. In the absence of definitive
documentary basis such as entry or invoice for determining the amount,
ATI shall be liable for the value of the cargo plus the duties and
taxes, and the duties and taxes payable to the Bureau shall be not lower
than PHP 200,00/TEU.

3.4    ATI-ICD Calamba shall allocate a designated area for the
containers subject of this Order to prevent them from being co-mingled
with other ICD cargoes.

3.5    As a general policy, no inspection/spot-checking of
containers shall be conducted prior to transfer unless a particular
container is subject of a derogatory information.

3.6    A complete listing of all overstaying cargoes shall be
prepared by ATI on a weekly basis, containing pertinent data such as
name of importer, description of articles, vessel, Registry No., B/L
No., and other shipment details, and shall be furnished to the District
Collector, Deputy Collector for Operations, Directors, Port Operations
Service, ESS and CIIS.

3.7    The Customs Intelligence and Investigation (CIIS) shall form a special CIIS-VTS Unit to monitor the transfer operations.

3.8    No transfer shall be allowed without the approval of the Deputy Collector for Operations.

4.         OPERATIONAL PROVISIONS

4.1           PROCESSING AND APPROVAL OF REQUEST

4.1.1  ATI shall file with the Office of the Deputy Collector for
Operations (DCO) an ATI-Request to Transfer Overstaying Cargoes
(ATI-RTOC), sample form attached as Annex “A”. The ATI-RTOC shall
contain the list of shipments to be transferred including the
particulars thereof.

4.1.2  Immediately upon receipt of the ATI-RTOC, the DCO shall
simultaneously provide copies of the same to the Directors, CIIS and ESS
for the necessary risk assessment and evaluation of the cargoes to be
transferred based on intelligence data. The CIIS and ESS shall indicate
their concurrence or objection, if any, to the proposed transfer of a
particular container/s not more than forty-eight (48) hours from the
time the transfer request was received by their respective offices.
Failure to respond within the said period shall be construed as “no
objection” to the request.

4.1.3  The DCO approves request, if in order, by affixing his signature on the space provided for in the form.

4.1.4  Upon approval by the DCO, the OLRS operator lifts the Duty
Stop and prints in the REMARKS portion: “Transfer to ATI-ICD Calamba”.
He then distributes the approved ATI-RTOC, as follows:

Sheet # 1            –           Piers and Inspection Division (PID)
Sheet # 2            –           ATI
Sheet # 3            –           DCO
Sheet # 4            –           CIIS-VTS Unit

4.1.5  The Chief, PID, upon receipt of his copy (Sheet # 1) shall transmit the same to the Customs Gatekeeper.

4.2           TRANSFER PROCEDURE

4.2.1  ATI prepares the Transferred Containers Monitoring Report
(TCMR) in two (2) copies and mounts cargoes onto the VTS-equipped trucks
(TCMR sample form attached as Annex “B”). Before mounting, ATI shall
seal the containers in the presence of the CIIS, ESS and PID personnel.

4.2.2  ATI signs TCMR upon dispatch of trucks and presents the same to Customs Gatekeeper

4.2.3  The Customs Gatekeeper compares his copy of the ATI-RTOC
and TCMR against cargoes to be transferred. If in order, he fills up all
applicable boxes in the TCMR. He then submits to the DCO his copy of
the ATI-RTOC and TCMR for reference purposes. The truck driver will also
be provided a copy of the TCMR

4.2.4  Upon release at the gate, the VTS technology will be utilized in lieu of underguarding.

4.2.5  To ensure that the VTS is working, it shall be the duty of
the ATI to inform the CIIS-VTS Unit by radio/telephone that the trucks
carrying the shipment are about to depart so that the necessary systems
checks can be undertaken. It shall be the responsibility of ATI to see
to it that all transfers to the ICD are tracked through VTS. To this
effect, ATI shall assign its liaison officer in the VTS room to receive
messages from ATI monitoring office that shipments are already on their
way out of the port so that VTS computer tracking system is activated.

4.2.6  The Customs Gatekeeper at the ICD shall match the
information on the TCMR presented by the truck driver as against cargoes
delivered. If in order, he completely fills-up all applicable boxes in
the TCMR Within fifteen (15) minutes thereafter, he shall call (by radio
or by phone) the CIIS VTS Unit to report the completion of the
delivery. He then sends through fax a copy of the TCMR to the DCO within
two (2) hours from completion.

4.2.7  The CIIS-VTS Unit updates the computer system to reflect
completion delivery and generates a computer print out which it shall
send to the DCO. If the Customs Gatekeeper at the receiving ICD fails to
report delivery completion by radio/phone within fifteen (15) minutes,
said unit shall verify with the ICD Customs Gatekeeper on delivery
status.

4.2.8  The DCO reconciles, on a daily basis, the approved
ATI-RTOC with the accomplished TCMR and the report of the CIIS-VTS Unit
to confirm delivery and receipt of cargoes at the ICD.

5.         REPORT AND REPORTING SYSTEM

5.1    The following reports must be submitted by ATI to the Deputy Collector for Operations;

5.1.1  List of containers received at the ICD indicating the
Container number, condition of the containers and seals, date and time
received. This list shall be submitted immediately upon arrival of
cargoes at the ICD.

5.1.2  Monthly list of overstaying containers received at, and
released from ICD with the following structure: Container number,
vessel, registry no., importer, ATI-RTOC No., date/time received at the
ICD.

5.1.3  Monthly list of containers applied for transfer but not
actually transferred containing same information as above except for
receipt data but indicating reasons for non-transfer and present
location in the port.

5.1.4  Unusual Incident Report to be submitted within twenty-four
(24) hours from the discovery of the incident reporting on such matters
as containers transferred but not received, diversion, pilferages and
unauthorized withdrawal from ICD.

5.2    The DCO shall be responsible for the preparation and
maintenance of an ICD logbook of all transfers, to and disposition from
the ICD of overstaying containers subject hereof.

5.3    Vehicle Tracking Printout — The DCO shall be responsible for
ensuring that all transfers for the day have reached their destination
as evidenced by the Vehicle Tracking System report. He shall cause the
printing of the tracking report for attachment to the ATI-RTOC file of
all transfers. Any transfer which shows non-arrival at the ICD must be
immediately reported to the Directors, CIIS and ESS and personally to
the Commissioner/Collector of Customs.

5.4    Monthly Audit — It shall be the responsibility of the District
Collector of Customs to conduct monthly audit of the operations of the
ICD with the end in view of immediately detecting illegal activities and
taking necessary measures to protect the interest of government. A copy
of the Monthly Audit Report must be submitted to the Commissioner of
Customs.

6.  REPEALING CLAUSE – All rules and regulations inconsistent with this Order are hereby deemed repealed, superseded or modified accordingly.

7.  EFFECTIVITY CLAUSE – This order shall take effect immediately.

Adopted: 22 Nov. 2000

(SGD.) RENATO A. AMPIL
Commissioner