GUIDELINES IN THE IMPLEMENTATION OF THE BORDER PATROL AGREEMENT AND BORDER CROSSING AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE REPUB…

1. To define the qualification requirements in the designation of Border Crossing Officers;

2. To provide the guidelines in the monitoring and supervision of Border Crossing Officers; and

3. To prescribe the reportorial requirements that shall be complied with by the designated Border Crossing Officers.

II. Designation of Border Crossing Officers:

1. The designation as Border Crossing Officers shall be issued by
the Commissioner of Customs upon recommendation of the concerned
District Collector;

2. The following shall be the requirements for designation as such:

a. A permanent employee of the Bureau for at least three (3)
years holding a plantilla position of not lower than Customs Operations
Officer I, SG-11 currently assigned at the Port of Zamboanga or Port
of Davao, respectively.

b. Physically fit as certified to by a Medical Officer in a local
government hospital in Zamboanga/Davao and the Chief, Medical and
Dental Division, Ocom.

c. Endorsement by the immediate family (wife/husband for married
employee/ parent for single employee) stating agreement to his/her
assignment and likewise stating the members of the family who shall be
entitled to benefits as Foreign Service Officer, if any.

3. The regular tour of duty for each designation shall be for six
(6) months and can be extended but subject to renewal upon proper
evaluation and favorable recommendation of the concerned District
Collector which shall, however, be limited to a maximum of three (3)
renewals only.

4. After the issuance of appropriate Customs Personnel Order, the
designated Customs Border Crossing Officer shall be endorsed to the
Department of Foreign Affairs by the Deputy Commissioner, Internal
Administration Group for issuance of diplomatic passport and possible
conferment of an appropriate Foreign Service Officer Rank and the
corresponding entitlement to its benefits, privileges, responsibilities
and accountabilities.

5. In accordance with DFA rules and regulations, the Diplomatic
Passport shall be subject to annual revalidation. Hence, the designated
Customs Border Crossing Officer shall take necessary action to comply
with such rule.

6. In accordance with the Agreement, the Customs Border Crossing
Officer is part of the Border Committee Team, a multi-agency team with
the Military Commander as Head of the Team. Accordingly, the Customs
Border Crossing Officer shall immediately report to the Head of the Team
upon his assumption, whenever, he will be leaving his post for personal
and official reasons and prior to departure in case of recall.

III. Monitoring, Supervision and Reportorial Requirements;

1. As per Agreement, the following shall be the Border Crossing Entry and exit stations:

a. Indonesian Side
	–	Marore
	–	Miangas
	–	Tarakan
b. Philippine Side
	–	Mabila, Balut Island
	–	Cape San Agustin
	–	Bongao, Tawi-tawi

2. Accordingly, the Philippine Customs Border Crossing Officer
shall be stationed at the following stations in Indonesia and shall be
subject to supervision of the concerned District Collector as indicated:

a. Marore, Indonesia – District Collector, Port of Davao
b. Miangas, Indonesia – District Collector, Port of Davao
c. Tarakan, Indonesia – District Collector, Port of Zamboanga

3. On the other hand, the jurisdiction to supervise the areas in
the Philippine side for the enforcement of the tariff and customs laws
and the provisions of the Agreement shall be in accordance with the
jurisdictional limits of the Collection District and its subport as
follows:

a. Balut Island – Subport of Dadiangas, Collection District No. XI
b. Cape San Agustin – Subport of Mati, Collection District No. XI
c. Bongao, Tawi-tawi – Subport of Tawi-tawi, Collection District No. IX

4. As per agreement, the main function of the Customs Border
Crossing Officer shall be to manage and execute duties regulating the
traffic of people and the flow of goods according to the Border Crossing
Agreement. Specifically, he shall be responsible for:

a. Countersigning the Border Crossing Cards issued by the
Indonesian Border Crossing Officers in Miangas, Marore and Tarakan for
Indonesian nationals entering the Philippine borders.

b. Strictly implement the rules and regulations in the entry and
exit of goods as stated in the Border Crossing System, Annex F of the
Agreement;

c. Submit monthly reports to the concerned District Collector
stating among others, the number of Border Crossing Cards countersigned,
apprehensions made on the enforcement of tariff and customs laws and
border crossing agreement, duties and taxes collected, other activities
conducted in connection with the performance of his duties and such
other information that may be useful to the Collection District in
relation to the enforcement of tariff and customs laws.

d. The District Collector concerned shall endorse the report of
the Border Crossing Officer to the Office of the Commissioner thru
the Chief of International Affairs.

e. The submitted report to the Commissioner of Customs will be
evaluated by the Director for Administration Office and the Chief of
International Affairs for further comments and recommendations to
attain better administration and effective implementation of the Border
Patrol Agreement.

f. The Customs Border Crossing Officer shall coordinate with the
BIMP-EAGA-CIQS Task Force and shall support its initiatives on
Integrated Border Management.

5. The submission of monthly accomplishment report and report of
attendance duly signed by the Leader, Border Crossing Team shall be
attached to the claim for payment of salaries and other allowable
allowances as Foreign Service Officers. Request for payment shall be
duly endorsed by the concerned District Collector to the Director,
Financial Management Office, Office of the Commissioner.

IV. Effectivity

This Order shall take effect 15 days after its publication. The
current designees to the position of Customs Border Crossing Officers
shall be subject to re-evaluation and recommendation as per this Order.

Adopted: 2 Feb. 2009

(SGD.) NAPOLEON L. MORALES
Commissioner