Customs Brokers Act of 2004 (Republic Act No. 9280)

Flashcards covering the key provisions of Republic Act No. 9280 (Customs Brokers Act of 2004), including policy, objectives, definitions, Board composition, scope of practice, licensure, examinations, penalties, and miscellaneous provisions.

What is the short title of the act discussed in the notes?

The Customs Brokers Act of 2004.

What is the policy declaration under Sec. 2 of RA 9280?

To give priority attention and support to professionalizing the practice of customs brokers, creating a climate conducive to the profession, and maximizing the capability of Filipino customs brokers for the economy.

What are the three objectives listed in Sec. 3 of RA 9280?

a) Standardization and regulation of customs administration education; b) Examination and registration of customs brokers; c) Supervision, control, and regulation of the practice and the profession.

How is a 'Customs Broker' defined in Sec. 4(a)?

A bona fide holder of a valid Certificate of Registration/Professional Identification Card issued by the Board and the Professional Regulation Commission.

What does 'Commission' refer to in the act?

The Professional Regulation Commission (PRC).

What does 'Board' refer to in the act?

The Professional Regulatory Board for Customs Brokers.

Who composes the Professional Regulatory Board for Customs Brokers and how are they appointed (Sec. 5)?

A chairman and two members appointed by the President from among three recommended for each position, submitted by the Commission from a list of five nominees for each position submitted by the accredited professional organization of customs brokers.

When should the new Board be constituted after the Act takes effect?

Within three (3) months from the effectivity of the Act.

What is the scope of practice of a Customs Broker (Sec. 6)?

Consultation, preparation of customs documents for imports/exports, declaration of duties and taxes, filing and processing of entries, representing importers/exporters before government and private entities, and related professional services; includes teaching customs administration and professional employment considerations.

Under Sec. 6, when is a person deemed to be practicing as a customs broker besides private employment?

If they teach customs and tariff administration subjects in a government-recognized university or college.

Name some key powers and functions of the Board (Sec. 7).

Promulgate rules and ethics, supervise licensure/registration, determine qualifications, prepare exam questions and syllabi, register successful examinees and issue Certificates and IDs, issue special/temporary permits to foreign brokers, inspect practice places, coordinate with CHED on facilities, investigate violations, issue subpoenas, prepare continuing professional education guidelines, and perform other duties.

Whose review is required for Board policies, rules, and decisions?

The Commission may review Board policies; non-interlocutory administrative decisions are subject to review on appeal.

What are the qualifications for Board chair and members (Sec. 8)?

Citizenship and residence in the Philippines; good moral character; in good standing with accredited professional organization; degree in Customs Administration (or Master’s in Customs Administration); licensed customs broker with at least 10 years of experience; not a faculty member involved with customs administration programs; not an incumbent officer of the national organization.

How long is the term of office for Board members, and can they be reappointed?

Three (3) years per term, with possible renewal for a second term.

What is the compensation policy for Board members (Sec. 10)?

Compensation and allowances comparable to those received by members of other professional regulatory Boards.

What grounds can lead to suspension or removal of Board members (Sec. 11)?

Neglect of duty, abuse of power, unethical or immoral conduct, irregularities in examinations, tampering with grades, or final conviction involving moral turpitude.

Who keeps the Board’s records and where are they stored (Sec. 12)?

The Commission keeps the Board’s records, including applications, exam papers, results, minutes, and investigative files; the Board is supervised by the Commission.

What annual requirement does the Board have (Sec. 13)?

Prepare and submit an annual report to the Commission detailing proceedings, accomplishments, and recommendations.

When are licensure examinations conducted (Sec. 14)?

At least once every year, administered by the Board in accordance with RA 8981.

What subjects are included in the licensure examination (Sec. 15)?

Customs laws and IRR, tariff laws and international trade agreements, practical computation of duties/taxes, documentation/ethics/procedures, warehousing and cargo handling operations; subjects may be adjusted as needed.

What are the basic qualifications to sit for the licensure examination (Sec. 16)?

Citizen of the Philippines or foreign with reciprocity; Bachelor’s Degree in Customs Administration (Master’s degree allowed to qualify within five years); good moral character.

What is the minimum passing requirement for the licensure exam (Sec. 17)?

An average of at least 75% with no subject below 60%.

When are examination results released (Sec. 18)?

Within ten (10) days from the last day of the examination.

What does the Certificate of Registration include (Sec. 19)?

Certificate of Registration and Professional Identification Card; signatures of the PRC Chair and Board Chair/members; allows practice nationwide; ID valid for 3 years and renewable.

What can cause a refusal to register (Sec. 20)?

Conviction of a crime involving moral turpitude, moral dishonorable conduct after investigation, or being declared of unsound mind.

What can the Board do regarding revocation or suspension of the Certificate (Sec. 21)?

Revocation or suspension for grounds under Sec. 20 or for unprofessional/unethical conduct, malpractice, or violations of the Act or its rules; requires proper notice and hearing.

What is the policy on reinstatement or replacement after revocation (Sec. 22)?

Reinstatement possible two years after revocation; replacement certificates or IDs may be issued under Board rules.

What is the RostER requirement (Sec. 23)?

The Board, with the accredited professional organization, maintains a roster of licensed professional customs brokers with names, addresses, registration dates, and other pertinent data.

What does Sec. 24 authorize regarding foreign brokers?

Issuance of special or temporary permits to foreign brokers when their services are urgently needed, subject to Commission approval.

What oath is required for successful examinees (Sec. 26)?

An oath of profession administered before the Board or authorized official prior to practicing.

What constitutes the practice of customs brokers (Sec. 27)?

Any act within Sec. 6 constitutes practicing; import/export entries must be signed by a licensed customs broker under oath.

What does Sec. 28 prohibit regarding unauthorized practice?

No one may practice or advertise as a customs broker without passing the licensure exam and holding a valid COA/PRID or a special/temporary permit.

What is prohibited under Sec. 30 regarding financing?

No customs brokers shall finance, on behalf of clients, duties, taxes, arrastre charges, wharfage, storage, or other port charges.

What is the Accredited Professional Organization requirement (Sec. 31)?

All professional customs brokers shall have one national organization recognized by the Board/Commission; membership is automatic; cannot bar membership in other associations.

What are the ethics requirements (Sec. 32)?

The Code of Ethics and Code of Technical Standards shall be adopted and promulgated by the Board and prescribed by the accredited professional organization.

What does Sec. 33 establish about automatic registration?

Vested right: brokers registered and licensed at the time the Act takes effect are automatically registered.

What penalties are imposed by Sec. 34?

Fines between 50,000 and 500,000 pesos, or imprisonment for not less than 6 years, or both, at the court's discretion.

What does Sec. 35 require regarding appropriations?

The PRC Chairperson must include funding for the Act in the General Appropriation Act.

What is the transitory provision (Sec. 36)?

The existing Board of Customs Brokers continues in the interim until the new Board is constituted.

What is required by Sec. 37 regarding Implementing Rules?

The Board, with the accredited professional organization, shall issue implementing rules and regulations and the Code of Ethics.

What does the separability clause (Sec. 38) provide?

If any clause is unconstitutional or invalid, the rest of the Act remains valid.

What is the repealing clause (Sec. 39)?

Section 3401 to 3409 of RA No. 1937 are repealed; inconsistent laws are modified or repealed.

When does the Act take effect (Sec. 40)?

Fifteen (15) days after publication in the Official Gazette or a major newspaper.