BOC ADMINISTRATIVE ORDER NO. 2-2000, March 29, 2000
ESTABLISHING THE SUPER GREEN LANE IMPORT PROCESSING FACILITY
Philippines, as amended, the following rules and regulations are hereby
promulgated:
I. OBJECTIVE. To further enhance the Green Lane facility by providing an advance-processing mode of clearing import shipments.
II. SCOPE. This Order shall cover shipments
to the Philippines by importers qualified for Super Green Lane
transactions, as established herein which may be gradually implemented.
III. ORGANIZATION
A. The Commissioner of Customs shall constitute the Super
Green Lane Task Group to be headed by a Deputy Commissioner to perform
the following functions:
1. Identify importers qualified to avail of the SGL facility and make appropriate recommendations;
2. Conduct post clearance checks on declarations covering shipments released under the SGL facility;
3. Ensure compliance with the rules and regulations governing
the establishment and operation of the Super Green Lane Facility; and
4. Such other functions as may be assigned by the Commissioner from time to time.
B. The Commissioner, upon recommendation of the Task Group, may create sub-group/s as may be necessary.
IV. CRITERIA FOR ACCREDITATION. The BOC shall consider, among others, the following criteria:
1. That the importer/SGL user has not been subjected to disciplinary action or similar penalties;
2. That the subject imports are not prohibited; and
3. That the importer has been transacting with the BOC for at
least one (1) year and falls within the top 1000 importers in terms of
duties and taxes paid.
V. CERTIFICATE OF QUALIFICATION
A. The privileges enjoyed pursuant to a Certificate of Qualification (CQ) shall be subject to the following conditions:
1. That the importer is a registered BOC EDI-user;
2. That the covered shipments may be subject to a duly
authorized random and/or spot check inspection but only at the
importer’s premises while the goods are being unloaded/stripped thereat;
3. That the importer shall be responsible for any misuse or abuse of the privilege; and
4. That the importer shall enter into a Memorandum of Agreement (MOA) with the BOC.
B. Any violation or contravention of the terms and conditions
of the CQ and the MOA shall be a ground for its suspension, revocation
or cancellation.
C. The use of the CQ shall be subject to annual review by the BOC and shall be valid until revoked or canceled.
VI. SUPER GREEN LANES PROCEDURES. The Commissioner of Customs shall issue the necessary rules and regulations for implementing the SGL facility.
VII. SERVICE FEE. The qualified importer shall
pay the amount of Two Thousand Five Hundred Pesos (P2 ,500.00) for
every entry filed through the SGL facility.
VIII. CONFIDENTIALITY CLAUSE. All information
which is by nature confidential or which is provided on a confidential
basis for the purposes of accreditation shall be treated as strictly
confidential by the authorities concerned who shall not disclose it
without the specific permission of the persons or government providing
such information, except to the extent that it may be required to be
disclosed in the context of judicial proceedings.
IX. REPEALING CLAUSE. All Orders, Memoranda,
Circulars or parts thereof which are inconsistent with this Order are
hereby deemed revoked, amended and/or modified accordingly, without
prejudice however, to the importer’s accreditation scheme agreed upon by
the Department of Finance and the Department of Trade and Industry.
X. SEPARABILITY CLAUSE. If any part of this
Order is declared by the Court as unconstitutional or contrary to
existing laws, the other parts not so declared shall remain in full
force and effect.
XI. EFFECTIVITY. This order shall take effect immediately.
Adopted: 29 Mar. 2000
(SGD.) RENATO A. AMPIL
Acting Commissioner
Approved:
(SGD.) JOSE T. PARDO
Secretary of Finance