BOC MEMORANDUM ORDER NO. 011-2000, September 01, 2000
ESTABLISHING THE COMMITTEE FOR THE DISPOSITION OF ABANDONED AND OVERSTAYING SHIPMENTS
1.1 To provide a mechanism to regularly monitor abandoned
and overstaying shipments and ensure their speedy disposition in
accordance with law, establishing the responsibility centers therefor.1.2 To prevent abandoned and overstaying shipments from
going to waste in terms of their economic value and uses and instead
derive benefits therefrom to the maximum in the form of revenues through
their sale at public auction and other means of disposition.
2. Scope: This Order shall cover all
shipments classified as abandoned in accordance with existing rules and
regulations or otherwise considered overstaying shipments at the Port of
Manila (POM), Manila International Container Port (MICP) and NAIA
Customs.
3. Administrative Provisions:
3.1 There shall be created a Committee for the Disposition of
Abandoned and Overstaying Shipments (CDAS) composed of the Director,
Port Operations Service, as Chairman, Chief, Port Operations
Coordination Division, as Vice Chairman, and the with respective Chiefs,
ACDD, of the POM, MICP and NAIA as members.3.2 It shall be the main responsibility of the CDAS to
regularly monitor all abandoned and overstaying shipments in the above
ports and ensure their immediate disposition in accordance with law,
thereby generating maximum revenues therefrom and other benefits.
4. Operational Provisions:
4.1 The MISTG Site Support Staff of the Port concerned shall
provide CDAS through its Chairman a daily computer print out of
shipments, by vessel and by Port, for which no entry has been filed
after 30 days reckoned from the last discharge of the last package from
the carrying vessel.4.2 CDAS Chairman shall cause the posting by his members a copy
of the said list in the designated Bulletin Boards of the Port
concerned, to serve further notice on the abandonment status of said
shipments to all parties concerned.4.3 On the basis of the said list, the CDAS shall convene to
draw a Disposal Plan of the subject shipments, giving attention to those
that need immediate attention taking into consideration the perishable
nature and the shelf life of the goods concerned, among others. The
Disposal Plan shall include a final verification on the status of the
shipments, their specific location, inventory and examination, appraisal
to set floor prices, and auction and other alternative modes of
disposition, giving each member specific tasks to accomplish.4.4 To further carry out the above purposes, the CDAS shall
form an Inventory Team whose members may be designated by the CDAS
Chairman upon the recommendation of the CDAS members. The Inventory Team
shall be responsible in carrying out the inventory, examination and
appraisal of subject shipments in accordance with the Disposal Plan
drawn by the CDAS.4.5 The Inventory Team shall also set the appropriate floor
prices of the shipments examined and appraised subject to the approval
of the CDAS. Whereupon, the CDAS Chairman shall refer the matter to the
concerned Chief, ACCD, who shall then issue the Notice of Sale, stating
the time and date of the auction and the respective floor prices as
approved by the CDAS and conduct the public auction sale accordingly.4.6 For shipments found by the Inventory Team to be unfit for
human consumption or injurious to public health, and thus, liable for
destruction or condemnation, the CDAS shall coordinate with the
Condemnation Committee of the Port concerned to draw the details of the
condemnation. In its absence, the CDAS shall serve as the Condemnation
Committee itself for such purpose by complying with the requirements of
the law to act as such.The Condemnation Order that may be issued. thereon shall be
subject to the approval of the Commissioner upon the recommendation of
the District Collector concerned.4.7 In case of shipments found appropriate and qualified for
donation, the CDAS shall prepare all the necessary papers for the
turn-over of subject shipments to the Department of Social Welfare and
Development (DSWD) and other qualified government charitable
organizations in accordance with existing rules and regulations. The
donation shall be subject to the approval of the Commissioner upon the
recommendation of the District Collector concerned.4.8 To be more effective in carrying out its mandate, the CDAS
shall also coordinate its plans and activities with other Port entities,
such as the Arrastre Operators, shipping lines, the Association of
International Shipping Lines (AISL), to enlist their support and to
provide a feedback mechanism of its actions.
5. Repealing Clause:
All Order, Memorandum and Circulars inconsistent herewith is deemed amended, modified or repealed accordingly.
6. Effectivity:
This Order shall take effect immediately.
Adopted: 1 Sept. 2000
(SGD.) RENATO A. AMPIL
Commissioner