Notizen
POST CLEARANCE AUDIT AND PRIOR DISCLOSURE PROGRAM - created from Mind Map
Inhalt der Notizen (1)
Seite 1
SECTION 3: DEFINITION OF TERMS
SECTION 2: OBJECTIVE
SECTION 4; Requirement to Keep Records.
SECTION 5: POST CLEARANCE AUDIT
SECTION 6: PRIOR DISCLOSURE PROGRAM
SECTION 7: INTEREST ON DEFFICIENCY DUTIES TAXES AND OTHER CHARGERS PLUS FINE OR PENALTY
SECTION 8: REMEDIES OF IMPORTER
SECTION 9: REMEDIES OF THE BUREAU
SECTION 10: ADMINISTRATIVE AND CRIMINAL OFFENSES
SECTION 11: RECORDS TO BE KEPT BY BUREAU
SECTION 12: AUDIT MONITORING AND RECORD KEEPING
Customs Broker
Importer
any person who is a bona fide holder of a valid Certificate of Registration or Professional Identification Card i
Customs Clearance
shall refer to the completion of customs and other government formalities
Customs Clearance for Consumption Entries
procedure of making the final payment of duties and taxes and other charges
Customs Clearance for Warehousing Entries
procedure of filing of goods declaration and the duties and taxes
Customs Clearance for Transit Entries
customs procedure under which goods, in its original form, are given permit to be transported
Customs Clearance for Transshipment Entries
customs procedure under which goods are given permit to be transferred under customs contro
Fraud
the commission or omission of any act resulting in material false statements
Free Zones
special economic zones registered with the Philippine Economic Zone Authority (PEZA)
Post Clearance Audit Group (PCAG)
Mandated to conduct audit of importers, locators, and all parties engaged in customs clearance and processing,
Reinvestigation of Audit Findings
a plea for the reevaluation of the audit findings on the basis of newly discovered or additional evidence
Importer-of-record or consignee, owner or declarant,
Inadvertent Error
a mechanical, electronic or clerical error committed unintentionally by the Importer
Locators
persons authorized to bring imported goods into Free Zones,
Misclassification
the use of insufficient or wrong description of the goods or the use of erroneous tariff headings
Misdeclaration
a false, untruthful, erroneous or inaccurate declaration as to quantity, quality, description, weight or measurement of the goods
NegIigence
failure to exercise reasonable care and competence,
Principal Place of Business
the headquarters that holds the senior executive of a firm
Prior Disclosure Program
a program based on international best customs practice,
Reconsideration of Audit Findings
a plea for the re-evaluation of the audit findings on basis of existing records need of additional evidence.
UndervaIuation
situation when the declared value fails to disclose in full the price actually paid or payable
To prescribe the principles, purposes and methodology of the post clearance audit system, record keeping requirement and the period covered by the conduct of audit;
To provide guidance for record-keeping, document retention and other legal obligations of Importers and other customs stakeholders and the adverse consequences of non-compliance with customs rules and regulations;
To facilitate trade by strengthening customs controls from the border to the back-end of the cargo clearance process under a regime of informed compliance;
To promote compliance with customs laws and regulations by providing a non-punitive facility for Importers to voluntarily disclose or report to customs authorities the errors in goods declarations and in the payment of duties, taxes and other charges;
To provide a clear set of policies and guidelines in the application and availment of the PDP; and
To generate additional customs revenues with least administrative cost to both the government and the Importer.
4.1 Audit and Examination of Records.
4.2. Entities Required to Maintain and Keep Records.
4.3 Purposes of Keeping Records.
Period and Place to Keep Records.
Records Required to be Kept.
SECTION 100O OF THE CMTA TITLE X
Period of Limitation: In the absence of fraud (assessment shall be credited within 3 years
Importers
Customs Brokers and Other Parties
Locators
To confirm the truthfulness and accuracy of the goods declaration and the transaction value
To check the adequacy and integrity of the manual or electronic system
To determine the level of compliance of Importers, Customs Brokers, Locators, and other parties
To serve as basis or the imposition of sanctions for non- compliance on record keeping
importers, are required to keep all records to the ordinary course of business and to any activity or information contained in the records for a period of three (3) years
All parties engaged in Customs Clearance and processing and locators to bring imported goods into Free Zones for a period of 3 years
Documentation on the entity organization and structure,
Documentation on orders and purchases
Documentation on shipping, importation, exportation and transport,
Documentation on manufacturing, stock and resale,
Financial documents such as financial statements and other accounting information,
5.1. Composition of PCAG
5.2 Authority of the Commissioner to Reorqanize PCAG.
5.3 Functions of PCAG.
5.4 Scope of Audit
5.5. Conduct of Post Clearance Audit.
5.6 Access to Records
5.7 Documents Written in a Foreign Language.
5.8 Power of the Commissioner to Obtain Information and Issue Summons.
The PCAG is headed by an Assistant Commissioner who shall exercise direct supervision and control in the management
Two operating units of PCAG
Trade Information and Risk Analysis Office (PCAG-TIRAO);
Compliance Assessment Office (PCAG-CAO)
Review available trade data to determine compliance markers of industry
(MISTG), develop a computer-aided riskbased management system, for use in the profiling and identification of potential priority audit candidates
Recommend for approval of the Commissioner the potential priority audit candidates
Develop policies, guidelines, manuals and standard operating procedures relating to the audit process;
Perform such other functions
Prepare the audit work plan, scope and approach for the approved priority audit candidates;
Conduct the audit examination, inspection, verification or investigation of records
Prepare and submit the required reports on audit findings
Establish and maintain a customs compliance program;
Perform such other functions
The Commissioner,is authorized to determine the number of personnel requirements of PCAG and issue the necessary order to reassign the required organic personnel of BOC to the Group.
The PCAG is mandated to conduct, within three (3) years
The Bureau shall develop a computer-aided riskbased management system, based on objectives and quantifiable data
Criteria for selecting firm to be audited (Section 1001 of Title X)
a.Relative magnitude of customs revenue to be generated from the firm;
b. The rates of duties of the firm's imports;
c. The compliance track records of the firm
d.An assessment of the risk to revenue of the firm's import activities,
The PCAG shall prepare a set of post clearance audit procedures, to strictly govern the audit to achieve the highest level of objectivity, fairness, efficiency, and transparency.
The guidelines for procedural/operational concerns:
Profiling/lnformation Analysis
Conduct of Audit Proper
Audit Notification
Audit Plan
Service of Demand Letter for Payment of Deficiency.
Reconsideration or Reinvestigation on Audit Findings
Acknowledgement Letter
Reporting to DOF and BIR.
PCAG-TIRAO shall perform risk profiling analysis activities on the Importers.
The audit team shall commence the audit proper not later than sixty (60) calendar days from the service of the ANL.
In case the Importer manifests his intention to avail of the PDP (Prior Disclosure Program), the conduct of the audit proper shall be deferred
The audit team may require the presentation of the original of the certified true copies of documents submitted for verification of its authenticity.
The audit shall be completed within one hundred twenty (120) calendar days
The audit is considered completed when the Final Audit Report (FAR) has been submitted by the audit team,
The issuance of the PCAG-CRF shall be deemed as proof that the importer or subject of audit has been found to have no deficiency in duties, taxes and other charges
The Commissioner shall issue an Audit Notification Letter (ANL) to the company identified for audit which shall include then name or name of PCAG-CAO
The audit team shall prepare an audit plan to meet the audit objectives
Within five (5) calendar days from receipt of the Demand Letter signed by the Commissioner,
may file a request for reconsideration or reinvestigation to the Commissioner within fifteen (15) days from receipt of the Demand Letter.
For requests for reinvestigation,
the Importer shall submit all relevant supporting documents in support thereof within thirty (30) days from the date of filing, otherwise, the request shall be denied.
the Bureau shall immediately issue without a need for request from the Importer
The Bureau shall furnish the DOF and the BIR a copy of the final audit results within thirty (30) calendar days
The Importer shall give to the Bureau personnel authorized to conduct the audit full and free access to the premises where the records are kept,
. The customs officer shall present written evidence of his authority.
must be accompanied with a translation in English,
Obtain on a regular basis from any person, in addition to the person who is the subject of a post clearance audit
Summon the person liable for duties and taxes or required to file goods declaration,
Take such testimony of the person concerned, under oath, as may be relevant or material to such inquiry;
Obtain information from banks or other financial institutions specifically to payments relevant to import transaction.
6.1. Who May Avail of the Prior Disclosure Proqram.
6.2. Exclusions from the PDP.
6. 3 Effects of PDP.
6.4. Verification and Action on the Application for PDP.
Any Importer without waiting for the issuance of an ANL, may avail of the PDP by
Any Importer who has received an ANL may still avail of the PDP by submitting the the accomplished formfor prior disclosure stating the errors in goods declaration
The Importer may amend the PDP taxes and penalties within an additional non-extendible application and pay additional deficiency period of thirty (30) calendar days
endering payment of the deficiency duties, taxes and penalties,
submitting the duly accomplished application form for prior disclosure the errors in station goods declaration
Goods declarations which are the subject of pending cases with any other Customs office
Goods declaration which are covered by cases alreadyed filand pending in courts
Goods declarations involving Fraud
For a PDP applicant who has not yet received an ANL,
For a PDP applicant who has received an ANL and availed of the program
For a PDP applicant who has made disclosures on royalties and other proceeds of any subsequent resale, disposal, or use of the imported goods that accrues directly or indirectly to the seller,
payment of the deficiency in duties and taxes due plus legal interest
For a PDP applicant who has received an ANL and availed of the program
payment of the deficiency in duties and taxes due without penalty and interest
provided that the applicant files for PDP within thirty (30) caar days from the date of payment
PCAG shall verify the completeness of the PDP application form
audit team shall then verify the accuracy of the deficiency duties and tax computation and determine if all errors are fully disclosed
In all cases, the tender of payment shall be accepted by the Bureau to be applied to the deficiencies in duties and taxes
PCAG shall verify the completeness of the PDP application form
PDP application shall be completed within the period of ninety (90) calendar days from the submission of the complete PDP documents.
As voluntarily disclosed regardless of whether the prior disclosure application is approved or denied by the Commissioner
An interest of twenty percent (20%) per annum, counted from the date of final assessment
under Section 429 of the CMTA shall be imposed on
Prior Disclosure Program availment
Deficiency duties, taxes and other charges
Fine or penalty, if any.
When the request for reconsideration or reinvestigation is denied by the Commissioner
the Importer may appeal such denial to the Court of Tax Appeals (CTA) within thirty (30) days
Distraint of goods, chattels or effects and other personal property of whatever character,
Levy upon real property and interest in rights to real property.
including stocks and other securities, debts, credits, bank accounts and interest in and rights to personal property.
upon, before, simultaneously or after the distraint of personal property belonging to the Importer.
Civil or criminal action.
The Bureau shall advance the amounts needed to defray costs of collection by means of civil or criminal action
Failure to Keep Records.
Suspension or cancellation of accreditation as Importer
Surcharge of twenty percent (20%) on the dutiable value of the goods
Hold delivery or release of subsequent imported articles
Criminal prosecution punishable with imprisonment of not less than three (3) years and one (1) day but not more than six (6) years, and/or a fine of One Million Pesos (Php 1,000,000.00) and
Failure or Refusal to Give Full and Free Access
Waiver of the right to contest the results of the audit based on records kept by the Bureau
Suspension or cancellation of accreditation as an Importer or Broker with the Bureau
Punishment for contempt, for contumacy or for refusal
Re-assessment of the importations subject of audit
Surcharge of twenty percent (20%) on the dutiable value of the goods
Hold delivery or release of subsequent imported articles
Criminal prosecution punishable with imprisonment of not less than three (3) years and one (1) day but not more than six (6) years, and/or a fine of One Million Pesos (Php 1,000,000.00)
Failure to Pay Correct Duties and Taxes on Imported Goods.
Negligence
Fraud
When a deficiency results from an offender's failure, through an act or acts of omission or commission, to exercise reasonable care and competence in ensuring that a statement made is correct,
A Penalty with a fine equivalent to one hundred twenty-five percent (125%) of the revenue loss.
penalized with a fine equivalent to one hundred twenty-five percent (125%) of the revenue loss.
A penalty with a fine equivalent to six (6) times of the revenue loss and/or imprisonment of not less than two (2) years but not more than eight (8) years.
Database of the Importer and CB profiles
Following info. and papers
Article of the Corporation
Company Structure
Key Importations
Privilege Enjoyed
Fine/Penalties
Risk Categories
PCAG, in coordination with the MISTG
shall establish and maintain a real-time case monitoring and control system
shall maintain a secured database of all audit results and records.
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- Notiz am POST CLEARANCE AUDIT AND PRIOR DISCLOSURE PROGRAM - created from Mind Map, erstellt von Arvin Luistro am 23/03/2022.
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- Erstellt von Arvin Luistro · 23 Mär 2022
- Zu Notiz kopiert von Arvin Luistro · 23 Mär 2022
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