Final CM 4 Examination

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EXAMINATIO

N OF GOODS
TYPES OF EXAMINATION
Selectivity Module: A risk management tool (RMO – office responsible)

• Green – (low risk) the declaration is allowed to move to the next process.
• Yellow – (medium risk) the declaration is subject to document check
• Red – (high risk) the declaration is subject to document check and physical
examination of the goods.
• Orange – (Medium to high risk) nonintrusive examination
• Blue – the declaration is tagged for post clearance (CMO 19-2007) – SGL not
routed to Blue anymore
EXAMINATION
• Examination of goods, when required by the Bureau,
shall be conducted immediately after the goods
declaration has been lodged. Priority in the examination
shall be given to live animals, perishable goods and
other goods requiring immediate examination.
EXAMINATION
• Whenever necessary, a system of coordination and
joint examination of goods shall be established by the
Bureau and other regulatory agencies under existing
laws and regulations.
DUTIES OF CUSTOMS OFFICER TASKED TO
EXAMINE GOODS
1. Determine whether the packages for examination and their contents
are in accordance with the goods declaration, invoice and other
submitted documents;
2. Take samples for examination or laboratory analysis, when necessary;
3. Acknowledge and sign receipt for any sample taken and retained
during examination; and
4. Report whether the goods have been correctly declared as to value,
quantity, measurement, weight, tariff classification, and not imported
contrary to law.
TYPES OF EXAMINATION
1. Documentary check or verification of completeness and
authenticity of documents including submission of the required
import permits, if any;
2. Non-intrusive inspection or the inspection by use of x-ray
scanners;
3. Physical examination of the goods to ascertain that the
actual nature, origin, condition, quantity, value and tariff
classification are in accordance with the declaration in the
goods declaration.
PHYSICAL EXAMINATION IN THE ABSENCE OF
DECLARANT
As a general rule, the Bureau may examine the goods in the presence of the
declarant or an authorized representative but may be done even in the
absence of the declarant when:
1. Despite due notice, declarant fails to be physically present;
2. Unknown or fictitious consignee; or
3. Conduct of controlled delivery, subject to the approval of the
Commissioner. Conduct of examination shall be under the authority of the
Collector. OCOM and other concerned offices shall be informed of the
date, time and place of examination to witness said examination. It shall be
ensured that the examination is captured on video for documentation and
record-keeping purposes.
INSTANCES WHEN EXAMINATION MAY BE
DONE IN CONSIGNEE’S PREMISES OR WAREHOUSE
• Physical examination of an alerted shipment shall be conducted at
consignee’s warehouse or premises in cases when the importation is
consigned to an importer enrolled in any of the trade facilitation program.

• In case where BOC does not have the necessary facility to conduct the
examination without causing damage to the shipment.

• Examination of bulk and break-bulk shipment shall be examined pursuant


to the rules on the Bulk and Break-bulk Cargo Clearance Enhancement
Program
MANDATORY USE OF BODY-WORN CAMERAS
GEOTAGGING OF PHOTOS AND VIDEOS
• The use of a body camera, recording of events and geotagging shall be
mandatory: – Non-intrusive examination of goods
– Physical examination of goods within and/or outside of customs zone.
• Body-worn camera – electronic camera system for creating, generating,
sending, receiving, storing, displaying and processing audio visual
recordings
• Geotagging – process of adding geographical info to various media in the
form of metadata which usually consists of coordinates like latitude and
longitude, but may even include bearing, altitude, distance and place names.
• Alternative recording device – an electronic camera system that may be
used as alternative for body-worn cameras.
SAMPLES

• The Bureau shall take samples of the goods only when needed to
establish the tariff description and value of goods declared, or to
ensure compliance with this Act. Samples drawn shall be as minimal
as possible.
• Customs officers shall see to it that representative samples taken
during examination shall be properly receipted for and retained within
a reasonable period of time. The quantity and value of the samples
taken shall be noted in the specified box of goods declaration or
electronic form. Such samples shall be duly labeled as will definitely
identify them with the importation for which they are taken.
NON-INTRUSIVE EXAMINATION
• Pursuant to internationally accepted standards, the Bureau may adopt
non-intrusive examination of goods, such as the use of x-ray machines.
– CSF rates fixed under EO 635 s. 2007

• Subject to adjustment by the NEDA Board – Mandatory whether


containers subjected to x-ray or not – Mandatory whether Alert Order
proves to be negative or positive

• X-ray examination mandatory to all containerized cargoes bound to


CBW (Comm. Memo dated 14 Sept. 2017)
SHIPMENTS TAGGED RED SUBJECT TO X-RAY
EXAMINATION
• All shipments tagged RED are required to undergo X-Ray
Examination and only those with suspicious images shall be physically
examined. (Comm. Memo 26 Sept. 2017)

• For purposes of X-Ray Examination import Entries regardless of


number containers shall be entitled to the square root rule rounded off to
the nearest higher whole value e.g.: For 4 containers, 2 shall be subject
to e-ray examination; for 6 containers, 3 and for 9 containers 3
• – Containers that shall be selected for x-ray examination shall be selected by the
Commissioner or his duly authorized representative (Comm. Memo 27 October 2017)
GROUNDS FOR THE CONDUCT OF PHYSICAL
EXAMINATION
1. it is directed by the Commissioner on account of a derogatory information, in which case
the shipment is considered alerted or subject to pre- lodgment control;

2. the goods are subject to an Alert Order issued by competent authority;

3. the goods are electronically selected for physical examination;

4. there are issues and controversies surrounding the goods declaration and the import
clearance process; or

5. the importer or declarant requests for the examination of the goods.


INSTANCES WHEN IMPORTER MAY REQUEST
FOR EXAMINATION
• 1. Prior to lodgment of goods declaration, upon justifiable grounds, as
may be determined by the Commissioner; or

• 2. After lodgment of goods declaration, when there are issues and


controversies surrounding the goods declaration and import clearance
process, unless the shipment is selected Red or is subject to Alert
Order. The request shall be made in good faith and the expenses shall
be for the account of importer. In case the request is made to cover up
any CMTA violation or violation of regulations, the importer shall be
subject to penalties or forfeiture of goods.

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