H
H
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DEPARTMENT OF FINANCE
BUREAU OF CUSTOMS
MANILA 1099
Introduction. This CAO implements Section 402, Chapter 1, Title IV, Section 800,
Chapter 1, Title VIII and other relevant provisions of Republic Act No. 10863,
otherwise known as the Customs Modernization and Tariff Act (CMTA).
Section 1. Scope. This CAO applies to all importations cleared through the Informal
Entry Process whether or not subject to payment of duties and taxes.
Section 2. Objectives.
Section 3. Definition of Terms. For purposes of this CAO, the following terms
shall be defined as follows:
3.7. Free Carrier (FCA) – shall mean that the seller delivers the goods
to the carrier or another person nominated by the buyer at the
seller’s premises or another named place. The parties are well
advised to specify clearly as possible the point within the named
place of delivery, as the risk passes to the buyer at that point.6
3.8. Free On Board (FOB) – shall mean that the seller delivers the
goods on board the vessel nominated by the buyer at the named
port of shipments or procures the goods already delivered. The
1
cf. CMTA Law, Title I, Chapter 2. Section 102 (d).
2
cf. CMTA Law, Title I, Chapter 2. Section 102 (h).
3
cf. CMTA Law, Title I, Chapter 2. Section 102 (k).
4
cf. DOF DO 57-2011, 2-b
5
cf. CMTA Law, Title VIII, Chapter 1. Section 800, first par.
6
cf. CAO No. 02-2016 on “Imported Goods with De Minimis Value Not Subject to Duties and Taxes”,
Section 3.3.
3.9. Goods – shall refer to articles, wares, merchandise and any other
items which are subject of importation or exportation.8
7
cf. CAO No. 02-2016 on “Imported Goods with De Minimis Value Not Subject to Duties and Taxes”,
Section 3.4.
8
cf. CMTA Law, Title I, Chapter 2, section 102
9
cf. CMTA Law, Title I, Chapter 2, section 102 (y); cf. RKC, General Annex, Chapter 2 ”Definitions”,
E19/F8
10
cf. Customs Border Protection Info Center
11
cf. CMTA Law, Title I, Chapter 2, section 102 (dd)
12
cf. CAO 5-2016
13
cf. CMTA Law, Title I, Chapter 3, Section 118
14
cf. CMTA Law. Title I, Chapter 3, Section 117
The restriction to import the above stated goods shall include the
restriction on their transit.15
15
cf. CMTA Law, Title I, Chapter 3, Section 119
vi. Section 800 (aa) for any officer or employee of the DFA,
including any attached, civil or military or member of the
staff assigned to a Philippine diplomatic mission abroad
by the Department or any similar officer or employee of
other departments assigned to any Philippine consular
office abroad, or any AFP military personnel accorded
assimilated diplomatic rank or on duty abroad who is
returning from a regular assignment abroad, for
reassignment to the home office, or who dies, resigns,
or is retired from the service subject to conditions as
may be required by the DOF and the Bureau.
16
cf. CMTA Law, Title IV, Chapter 1, Section 414
17
cf. CMTA Law, Title IV, Chapter 1, Section 403, 2nd par.
18
cf. CMTA Law, Title XV, Section 1507
19
cf. CMTA Law, Title IV, Chapter 2, Section 420
Section 8. Repealing Clause. This CAO amends or repeals previously issued CAOs
and CMOs which are inconsistent with the provisions herein stated.
Section 10. Review. This CAO shall be reviewed every three (3) years and be
amended or revised, if necessary.
Section 11. Effectivity. This CAO shall take effect thirty (30) days from publication
at the Official Gazette or a newspaper of national circulation.
The Office of the National Administrative Registrar (ONAR) of the UP Law Center shall
be provided three (3) copies of this CAO.
20
cf. CMTA Law, Title IV, Chapter 3, Section 424.
21
cf. CMTA Law, Title IV, Chapter 1, Section 402.
Approved:
Informational Section. As the title denotes this section only provides information
and does not give rise to any substantive or formal rights or obligations.
History. This CAO is amendatory to all the previous issuances of the Bureau
of Customs relating to Goods under the Informal Entry Process.
Related Policies.
CMO No. 13-2010 “Procedures for the Implementation of E2M Customs
System – Phase 4 Informal Entry of Commercial Goods in all Customs
Sea Ports Nationwide”.
CAO No. 8-2014 “Guidelines in the Imposition of Customs Documentary
Stamp and Import Processing Fee for Informal Entries”.