Code of Ethics and Technical Standards
Code of Ethics and Technical Standards
STANDARDS welfare.
• The Customs Broker profession may have the bragging SEC. 3 – A CB’s relationship with his/her clients and
right of being the profession that requires working fellow customs brokers is based mainly on the following
knowledge of varied fields. considerations: COMPETENCE, RESPECT,
• Proper tariff classification of goods requires INTEGRITY, JUSTICE and FAIRNESS which he/she
knowledge of biology, botany, pharmacy, chemistry, must observe in all his/her professional dealings.
mechanical/electronic/electrical engineering and even
transport engineering. Proper handling of administrative ARTICLE II – RESPONSIBILITIES WITH THE
proceedings require knowledge of basic constitutional GENERAL PUBLIC
knowledge of due process, doctrine of exhaustion of SEC. 4 – A CB shall be obedient to the laws of the
administrative remedies, basic knowledge on Republic of the Philippines and uphold the Constitution.
presentation of evidence, appeals procedures. 4.1 – A CB shall neither assist nor encourage
Understanding Free Trade Agreements require basic violation of law and is morally obligated to report such
knowledge of international law. Proper valuation of violations or infraction.
goods require pricing practices among so many
industries. Intelligently handing post clearance audits SEC. 5 – A CB shall recognize that a professional has
requires working knowledge of intermediate accounting. social responsibilities.
Likewise, determining internal revenue taxes on 5.1 – A CB shall, as a responsible citizen, accept
imported goods and goods for export require knowledge his/her social responsibilities and participate actively in
of the National Internal Revenue Code - as if tax activities for community progress, betterment and
practitioners. national well- being.
ARTICLE III – DECLARATION OF CUSTOMS SEC. 12 – CBs representing clients with BOC or
DUTIES, TAXES AND OTHER CHARGES concerned government agencies on disputes or issues
SEC. 5 – Declaration must be made by a CB or his/her concerning declaration therein, which involve
authorized representative(s) exclusively in writing on applications of tariff and customs laws, may also be
official and accountable forms prescribed by BOC and delegated by a CB to his/her authorized representative.
personally/exclusively issued by the declarant CB. Such
declaration must be personally signed by the declarant SEC. 13 – A CB shall be responsible for updating
CB, under oath, before a Notary Public or any official his/her client on the status of his/her shipment on a
authorized by law to administer oath in accordance with regular basis until all professional obligations are
the applicable laws, rules and regulations. Accountable satisfied.
form duly issued by BOC personally/exclusively to a
CB cannot be used by another CB. Both of them shall be SEC. 14 – A CB shall keep and maintain in his/her
personally and solidarily responsible by reason or office a correct, complete and itemized manner complete
occasion of the unauthorized use of such documents. records and file of all documents, correspondence and
other records relative to the conduct of his profession as
SEC. 6 – Import/export declaration must have the prescribed by laws, rules and regulations, as amended.
approval/signature of the importer/exporter before it is These records shall be considered confidential and shall
finalized, lodged and filed. not be disclosed by a CB except on subpoena duces
tecum issued by a duly authorized customs official,
ARTICLE IV – PREPARATION, SIGNING, court of competent jurisdiction, PRC and PRBCB.
LODGING, FILING AND PROCESSING OF
IMPORT AND EXPORT DECLARATIONS AND SEC. 15 – A CB shall adhere to Section 30, RA 9280
DOCUMENTS REQUIRED TO BE FILED AT BOC that “No CB shall advance and finance on behalf of
OR OTHER GOVERNMENT AGENCIES UNDER his/her client importer the payment of duties and taxes,
TCCP (CMTA) AND OTHER EXISTING LAWS arrastre charges, wharfage dues, storage fees and other
SEC. 7 – There shall be strict adherence to existing port charges.”
customs laws and regulations in relation to Section 27,
RA 9280, as amended by RA 9853, that an SEC. 16 – Advances received by a CB from his/her
import/export declaration shall be signed by the client must be liquidated within the reasonable period of
following: time.
7.1 - Import Declaration – to be signed by a CB
and the consignee/owner/importer.
SEC. 17 – A CB shall not be allowed to subcontract any ARTICLE VIII – PROFESSIONAL FEES
or all his/her professional services with a client unless SEC. 26 – A CB shall issue ORs duly registered with
authorized by the latter. BIR for al broker’s fees or professional fees collected
from his/her clients.
SEC. 18 – The professional services must be covered by
formal contract with the scope of engagement clearly ARTICLE IX – PENALTIES AND FINAL
defined unless the parties agreed with any other type of PROVISIONS
contract not prohibited by law. The receipt of shipping SEC. 27 – A registered CB who violates any provision
documents is implied indication of a contract of service. of this COE and TS shall be meted out with disciplinary
action of either revocation or suspension of his/her
ARTICLE V – REPRESENTING IMPORTERS AND certificate of registration from the practice of his/her
EXPORTERS BEFORE ANY GOVERNMENT profession.
AGENCIES AND PRIVATE ENTITIES IN CASES
RELATING TO CUSTOMS AND TARIFF LAWS ARTICLE X – SEPARABILITY CLAUSE
AND ITS PROCEDURES AND PRACTICES SEC. 28 – Amendments to this COE and TS may be
SEC. 19 – A CB is expected to effectively represent carried out by the PRBCB in coordination with APO for
his/her clients before any government and/or private CBs, subject to approval of PRC.
entity in cases relating to customs and tariff laws, its
procedures and practice. SEC. 29 – If any provision or part of this Code shall be
declared unconstitutional or invalid, such judgment shall
SEC. 20 – In representing a client a CB shall have a not affect, invalidate nor impair any other provisions or
written authority, designation, SPA or corporate parts thereof.
secretary’s certificate depending on the requirements of
the government agencies or private entities where he/she
will represent his client.