Amending Section 2307 Of The Tariff And Customs Code Of The Philippines, As Amended

EXECUTIVE ORDER NO. 38-A August 6, 1986

AMENDING SECTION 2307 OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED

WHEREAS, in conformity with the present administration's increase and accelerate revenue collection, there is a need to empower the District Collector of Customs to settle seizure cases which will expedite the collection of revenues and hasten the release of cargoes under seizure proceedings;

WHEREAS, the authority given to the District Collector of Customs in Seizure cases, subject to the approval of the Commissioner, will benefit importers and exporters in the forms of reduction in expenditures and the assurance of the return of their investments which have been tied up with their importations.

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order:

Sec. 1. Section 2307 of the Tariff and Customs Code of the Philippines is hereby amended to read as follows:

"Sec. 2307. Settlement of Case by Payment of Fine or Redemption of Forfeited Property. Subject to approval of the Commissioner, the district collector may while the...

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Summary of Executive Order No. 38-A

Amending Section 2307 of the Tariff and Customs Code of the Philippines

• Empowers the District Collector of Customs to settle seizure cases, subject to the approval of the Commissioner (Section 1)
    - Allows the owner, importer, exporter, or consignee to offer payment of a fine or redemption of forfeited property
    - The fine shall be between 20% and 80% of the landed cost for imported goods or F.O.B. value for exported goods (Section 1)
    - For forfeited property, the owner can pay the domestic market value for redemption (Section 1)
    - Upon payment, the property shall be released, and all liabilities related to the seizure shall be discharged (Section 1)

• Settlement is not allowed in cases of absolutely prohibited importations or where release would be contrary to law (Section 1)

• Repeals or modifies any inconsistent laws, rules, regulations, or issuances (Section 2)

• Took effect immediately upon issuance on August 6, 1986 (Section 3)