‘Permejo, Anjelic O.

BSCA 3101

Theoretical Framework/ Literature

Challenges That Encountered By

The Customs Broker in the Practice of Profession During Pandemic

In any industry, overcoming challenges is consequential to become

globally competitive. It is significant to successfully deliver the services they
offer. Import and export industry is not excluded. Clients complain about the
inconvenience of the delays in the process, how it makes their shipment
costly, or how they end up paying higher fees than expected. But most people
do not really understand the details in the process and the challenges the
customs brokers encounter in the process (Cuevas, A.et.al, 2018).

Under 19 U.S.C. 1641(b)(4), a customs broker has the statutory

duty to exercise responsible supervision and control over the customs
business that he or she conducts. Maintaining current knowledge and
competence is an inherent part of the statutory duty of the customs broker. A
customs broker reasonably can be expected to uphold such responsible
supervision over his or her employees and control over his or her customs
business only by acquiring and maintaining the knowledge of customs and
related laws. Requiring a customs broker to fulfill a continuing education
requirement during the course of his or her work is a way to ensure that
the customs broker keeps up with an ever-changing customs practice
following the passing of the broker exam and subsequent receipt of the
license (federalregister, 2020).

Customs brokers play a role in mediating transactions between

importers and the BOC. Republic Act No. 9280, otherwise known as the
Customs Brokers Act of 2004, as amended by Republic Act No. 9853,
describes the scope of the practice of customs broker. To wit: SEC. 6. Scope
of the Practice of Customs Brokers, Customs Broker Profession
involves services consisting of consultation, preparation of customs
requisite document for imports and exports, declaration of customs
duties and taxes, preparation signing, filing, lodging and processing of
import and export entries; representing importers and exporters before any
government agency and private entities in cases related to valuation and
classification of imported articles and rendering of other professional services
in matters relating to customs and tariff laws its procedures and practices.
A customs brokers and shall be considered in the practices of the
profession if the nature and character of his/her employment in private
enterprises requires professional knowledge in the field of customs and
tariff administration. He/She is also deemed in the practice of custom
Broker profession if he/she teaches customs and tariff administration subjects
in any university, college or school duly recognized by the government (Llanto
G., Quimba FM., 2021).

Sources

https://www.federalregister.gov/documents/2020/10/28/2020-
22604/continuing-education-for-licensed-customs-brokers

https://www.phcc.gov.ph/wp-content/uploads/2021/03/PCC-Issues-Paper-
2021-04-Competition-Policy-Issues-in-Cargo-Services.pdf

http://apjarba.apjmr.com/wp-content/uploads/2019/08/APJARBA-2018-
005.pdf

https://www.prc.gov.ph/sites/default/files/Customs%20Broker_PRIMER.pdf