Republic of the Philippines
Congress of the Philippines
Metro ManilaTwelfth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.
Republic Act No. 9280 March 30, 2004
AN ACT REGULATING THE PRACTICE OF CUSTOMS BROKERS PROFESSION IN THE PHILIPPINES, CREATING FOR THE PURPOSE A PROFESSIONAL REGULATORY BOARD FOR CUSTOMS BROKERS, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
TITLE, DECLARATION OF POLICY, OBJECTIVES, AND DEFINITION OF TERMSSection 1. Short Title. – This Act shall be known as the "Customs Brokers Act of 2004."
SEC 2. Declaration of Policy. – It is hereby declared the policy of the State to give priority attention and support to professional zing the practice of customs brokers profession in the Philippines which will be beneficial to the country in general and to the economy in particular.
Pursuant to the national policy, the government shall provide a program to set up a climate conducive to...
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Republic Acts
AN ACT REGULATING THE PRACTICE OF CUSTOM BROKERS PROFESSION IN THE PHILIPPINES
Republic Act No. 9280
Summary of the Customs Brokers Act of 2004 (Republic Act No. 9280)
Regulation of the Customs Brokers Profession
- Declares the policy of the State to professionalize the practice of customs brokers in the Philippines. (Section 2)
- Provides for the standardization and regulation of customs administration education, examination and registration of customs brokers, and supervision of the profession. (Section 3)
Professional Regulatory Board for Customs Brokers
- Creates the Professional Regulatory Board for Customs Brokers under the Professional Regulation Commission. (Section 5)
- Defines the scope of the practice of customs brokers. (Section 6)
- Outlines the powers and functions of the Board, including promulgating rules and regulations, supervising licensure and registration, conducting examinations, issuing certificates and permits, investigating violations, and coordinating with educational institutions. (Section 7)
- Specifies the qualifications required for the Chairman and members of the Board. (Section 8)
- Provides for the term of office, compensation, and grounds for suspension or removal of the Board members. (Section 9, 10, 11)
- Requires the Board to submit an annual report to the Professional Regulation Commission. (Section 13)
Licensure Examination and Registration
- Requires applicants to pass a licensure examination conducted by the Board at least once a year. (Section 14)
- Outlines the scope of the examination, including customs laws, tariff laws, computations, documentation, ethics, procedures, and warehousing. (Section 15)
- Specifies the qualifications for examination applicants, including citizenship, educational requirements, and good moral character. (Section 16)
- Requires a minimum rating of 75% overall and 60% per subject to pass the examination. (Section 17)
- Mandates the issuance of a Certificate of Registration and Professional Identification Card to successful examinees. (Section 19)
- Allows for refusal to register, revocation or suspension of registration, and reinstatement or reissuance of registration under certain conditions. (Section 20, 21, 22)
- Requires the Board to maintain a roster of registered professional customs brokers. (Section 23)
- Permits the issuance of special or temporary permits to foreign customs brokers when needed. (Section 24)
Practice of Customs Broker Profession
- Requires successful examinees to take an oath of profession before practicing. (Section 26)
- Defines acts constituting the practice of the customs broker profession. (Section 27)
- Prohibits the unauthorized practice of the customs broker profession. (Section 28)
- Prohibits customs brokers from financing the payment of duties, taxes, and charges on behalf of their clients. (Section 30)
- Recognizes one national accredited professional organization for customs brokers. (Section 31)
- Requires the Board to adopt a Code of Ethics and Code of Technical Standards issued by the accredited professional organization. (Section 32)
- Provides for the automatic registration of existing licensed customs brokers. (Section 33)
Penal and Final Provisions
- Imposes penalties of fines ranging from ₱50,000 to ₱500,000 and/or imprisonment of not less than six years for violations of the Act. (Section 34)
- Appropriates funds for the implementation of the Act. (Section 35)
- Provides for the issuance of implementing rules and regulations by the Board. (Section 37)
- Includes a separability clause and repeals inconsistent laws. (Section 38, 39)
- Sets the effectivity date 15 days after publication in the Official Gazette or a major newspaper. (Section 40)
Regulation of the Customs Brokers Profession
- Declares the policy of the State to professionalize the practice of customs brokers in the Philippines. (Section 2)
- Provides for the standardization and regulation of customs administration education, examination and registration of customs brokers, and supervision of the profession. (Section 3)
Professional Regulatory Board for Customs Brokers
- Creates the Professional Regulatory Board for Customs Brokers under the Professional Regulation Commission. (Section 5)
- Defines the scope of the practice of customs brokers. (Section 6)
- Outlines the powers and functions of the Board, including promulgating rules and regulations, supervising licensure and registration, conducting examinations, issuing certificates and permits, investigating violations, and coordinating with educational institutions. (Section 7)
- Specifies the qualifications required for the Chairman and members of the Board. (Section 8)
- Provides for the term of office, compensation, and grounds for suspension or removal of the Board members. (Section 9, 10, 11)
- Requires the Board to submit an annual report to the Professional Regulation Commission. (Section 13)
Licensure Examination and Registration
- Requires applicants to pass a licensure examination conducted by the Board at least once a year. (Section 14)
- Outlines the scope of the examination, including customs laws, tariff laws, computations, documentation, ethics, procedures, and warehousing. (Section 15)
- Specifies the qualifications for examination applicants, including citizenship, educational requirements, and good moral character. (Section 16)
- Requires a minimum rating of 75% overall and 60% per subject to pass the examination. (Section 17)
- Mandates the issuance of a Certificate of Registration and Professional Identification Card to successful examinees. (Section 19)
- Allows for refusal to register, revocation or suspension of registration, and reinstatement or reissuance of registration under certain conditions. (Section 20, 21, 22)
- Requires the Board to maintain a roster of registered professional customs brokers. (Section 23)
- Permits the issuance of special or temporary permits to foreign customs brokers when needed. (Section 24)
Practice of Customs Broker Profession
- Requires successful examinees to take an oath of profession before practicing. (Section 26)
- Defines acts constituting the practice of the customs broker profession. (Section 27)
- Prohibits the unauthorized practice of the customs broker profession. (Section 28)
- Prohibits customs brokers from financing the payment of duties, taxes, and charges on behalf of their clients. (Section 30)
- Recognizes one national accredited professional organization for customs brokers. (Section 31)
- Requires the Board to adopt a Code of Ethics and Code of Technical Standards issued by the accredited professional organization. (Section 32)
- Provides for the automatic registration of existing licensed customs brokers. (Section 33)
Penal and Final Provisions
- Imposes penalties of fines ranging from ₱50,000 to ₱500,000 and/or imprisonment of not less than six years for violations of the Act. (Section 34)
- Appropriates funds for the implementation of the Act. (Section 35)
- Provides for the issuance of implementing rules and regulations by the Board. (Section 37)
- Includes a separability clause and repeals inconsistent laws. (Section 38, 39)
- Sets the effectivity date 15 days after publication in the Official Gazette or a major newspaper. (Section 40)