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Parties told to submit
positions on customs brokerage law
A LOCAL court has recently ordered all parties affected by the
Customs Brokers Act (Republic Act 9280) to submit their respective
positions and allow the case to go through the regular process,
a move seen to delay the law’s implementation further.
Besides ordering all
petitioners Monday to file their respective interventions, Manila
Regional Trial Court Judge Felixberto T. Olalia Jr. also told
the Bureau of Customs (BoC) to respond.
The petitioners were
led by customs brokerage house Airlift Asia Customs Brokerage
Inc. Besides claiming that 20 of its employees will lose their
jobs once the law is enforced, the brokerage house said that its
transactions with its clients would be dislocated. However, Airlift
Asia was reportedly unable to reply when the judge asked the petitioner
which of the law’s provisions should be deleted. The brokerage
house only said that some of the business requirements should
be slashed.
After the hearing, a
closed door meeting between the counsels of all parties were held
to discuss how they would go about the case.
Olalia also released
on Monday an order preventing the BoC to implement the law for
at least 20 days. On the same day, the BoC also issued a 60-day
extension for the transition period of the law’s implementation.
In March, the BoC released Customs Administrative Order 3-2006,
the rules and regulations of the law that governs the accreditation
of customs brokers that transact with the agency. Its full implementation
was supposed to take effect on Monday.
According to the new
rules, which were not received well by industry players, customs
brokers, which needs licenses from the Professional Regulation
Commission, should have their own office and comply with all the
documentary requirements of running a business. Brokers should
also distance themselves from freight forwarders, a proposal which
runs contrary to regular industry practice.
Other requirements for
customs brokers include an accreditation fee of P1,300, a fidelity
bond of P50,000, a certified list of customers, and all the tax
documents as required by the Bureau of Internal Revenue. VG Cabuag