Updates on the BOC E2M P4 Export Module, EU ENS, CO Francis Norman O. Lopez President
Agenda • Introduction • EU Import Control System • BOC E2M Export Module • Certificate of Origin: Self-Certification • Q&A
PEZA About • IT, Value Added Network Services company established in 1987 with more than 23 years experience in B2B transactions, and more than 12 years in eCustoms Services – accredited as EDI VAN in 1998 and as Value Added Service Provider (VASP) by Customs, PEZA, Clark and Subic Freeports, the Board of Investment and the Department of Agriculture: BAI, BPI and BFAR • A distributor of GXS (formerly GE Information Services), the largest global B2B eCommerce services provider since 1987, and CONEX SA (France), EU Customs Service Provider, in 2010 • Member, Pan Asian eCommerce Alliance (PAA) • Independent IT Company - No Affiliation with any logistics company (brokerage, forwarder, warehouse operator), nor with importer, exporter or trader. No potential conflict of interest with client logistics providers, ensuring data confidentiality and integrity • InterCommerce . . . yourValue Added Service Partner ! Department of Agriculture BAI BPI BFAR Local Focus – Global Reach !
InterCommerce . . networking to the World 1987 Americas United States Asia Japan, Korea, China, Hongkong, Macau, Taipei, Thailand, Malaysia, Singapore, Indonesia 2008 2010 EuropeanUnion 27 Member States
InterCommerce NOW Linked to EU Customs Pan Asian eCommerce Alliance: PAA Network Japan, Korea China Taipei, Hongkong, Macau Thailand, Malaysia, Indonesia, Singapore Advanced Declaration ENS European Union 27 Customs Administrations Multiple formats ENS, eCO, SPS Certificate, etc.
ICS : security data • WCO SAFE Framework of Standards adopted worldwide • New world context post 9/11/2001 • - Anticipation and prevention • - Fight against terrorism • Starting date : 2011, January 1st …Pre-arrival security data for the purposes of risk management
EU Community Customs Code reform: The entry summary declaration • Article 87 CCC and 183 CCIP • A declaration shall be made electronically and authenticated by the person making it. • Statement of required data: • Annex 30 A CCIP • Article 181 B CCIP • Scope : All goods brought into the EU Customs Territory shall be covered by an entry summary declaration, except those covered by Article 181 c.
EU ENS Product Coverage • Except where otherwise provided for in the regulation, all goods brought into the customs territory of the Community shall be covered by an ENS. • However, an ENS shall NOT be required in respect of the following goods: • Electrical energy, • Goods entering by pipeline, • Letters, postcards, and printed matter, including on electronic medium, • Goods moved under the rules of the Universal Postal Union Convention, • Goods covered by Customs clearance declarations confirming their EU customs status, • Goods contained in travellers’ personal luggage, • Goods for which an oral Customs declaration is permitted, • Goods covered by ATA and CPD Carnets, • Goods moved under cover of NATO procedures, • Goods carried on board vessels of regular shipping services, • Goods carried under cover of Diplomatic procedures.
Description of goods Annex 30A, as included in the implementing provisions of the Customs code by Regulation1875/061 provides that goods description for summary declarations is "a plain language description that is precise enough for Customs services to be able to identify the goods. General terms (i.e. “consolidated”, “general cargo” or “parts”) cannot be accepted.
Article 184 A • Time limits for lodging the ENS pre-entry summary declaration • Shipping goods via...ENS to be submitted to 1st EU country of entry … • Maritime containerised cargo at least 24 hours before loading at the port of departure • Maritime bulk/break bulk cargo at least 4 hours before arrival • Maritime sea voyages of less than 24 hours at least two hours before arrival • Short-haul flights:lessthan 4 hours’ duration at the time of actual take-off • Long-haul flights at least four hours before arrival • Rail and inland waterways at least two hours before arrival • Road traffic at least one hour before arrival • Article 184 D of the CCIP • Establishes the maximum amount of time allowed for the administration to reply
Who will be responsible for lodging the ENS message? • Article 36 b of the CCC • Refers to the transporter or the person assuming responsibility for the carriage of the goods as lodger of the ENS message. • Article 181 b of the CCIP • Carrier means the person who has concluded a contract, and issued a bill of lading or air waybill, for the actual carriage of the goods into the customs territory of the Community
Case: Transshipment • Philippine: Outbound to Europe • Main Vessel and Feeder Vessel: • Main vessel: Assume responsibility for lodging the ENS for all goods What happens to the export cargo which has been transshipped thru Hongkong for delivery to EU Member State,if the EU Customs responded with a “Do Not Load” message ? Ship back to the Philippines ?
Can other supply chain operators perform this formality instead of the carrier? Yes: With the presumption of carrier’s consent • Article 183 of the CCIP • Where an entry summary declaration is lodged by a person referred to in Article 36b(4) of the Code, the customs authorities may assume, except where there is evidence to the contrary, that the carrier has given his consent under contractual arrangements and that the lodging has been made with his knowledge. This mandate makes it possible to define the declarant as being responsible for the contents of the entry summary declaration.
Goods from Philippines transhipped thru Hongkong or Singapore • Carrier in Hongkong or Singapore responsible in lodging ENS before loading in main vessel • Feeder or Forwarder in Philippines may lodge ENS before loading into feeder vessel • - Complete and timelylodgment of ENS • - Ensurethat main vessel/carrier isdulyinformed on MovementsReferenceNumber (MRN), Arrival Notice (ARN) and anyDeviation Notice (DN)
Non Compliance to ICS regulation - • Failure to lodge the entry summary declaration • Loading of goods despite receiving a ‘Do Not Load’ • Article 184 c of the CCIP • Specifies the consequences when the entry summary declaration has not been lodged: • Application of penalties laid down in the national legislation of the Member State of first entry (fines, quarantine, delays, etc.) http://ec.europa.eu/ecip/help/faq/index_en.htm Inter InterCommerce Conex Services
PEZA 2 EXPORTER OPERATOR FORWARDER 1 Export Declaration e2m Phase 4 Q1 2011 Q12011 e-Export Doc (e-EDS) European Union 27 Customs Administrations Multiple formats Q3 2011 SPS Certificate Japan, Korea, China, Macau, Hongkong, Taiwan, Thailand, Malaysia, Singapore Indonesia, Philippines Inter InterCommerce Conex Services
E2M Exports Implementation Schedule * Per Memo issued by DepcomArevalo, BOC MISTG, dated 19 January 2011 • February 28 • MICP, Port of Manila and Port of Batangas • March 21 • Subic, Clark, San Fernando, Limay, Legaspi • April 4 • Cebu/Mactan, Davao, Cagayan de Oro/MICT, Iloilo • April 18 - Tacloban, Zamboanga, Surigao, NAIA BOC E2M Export Declaration implementation deferred indefinitely
E2M Export System –Implementation Requisites • Registration of Exporters in the BOC E2M Export System: Client Profile Registration System (CPRS) • Accreditation with government agencies: BOI, PEZA, CDC, SBMA, CESA, ZEZA, AFAB • PhilExport (Manila and regional chapters) • Submission of exporter profile data thru VASPs • Exporter to get BRN from banks • Electronic Lodgment of Export Declaration/Single Administrative Document thru BOC-Accredited Value Added Service Providers (VASPs) • Online preparation of ED/SAD • Electronic submission • Automated BOC E2M response • Online Printing of the ED/SAD
CPRS for E2M Export Procedures CMO 39-2008 as Amended by BOC Memo 07Mar 2011 • Exporter Accreditation • Government Agencies: • Board of Investments • Phil Economic Zone Authority • Ecozone and Freeport Authorities: Clark Development Corporation, Subic Bay Metropolitan Authority, Cagayan Special Economic Zone Authority, Zamboanga Special Economic Zone Authority, Authority on Freeport Area of Bataan • Private Organizations • Philippine Exporters Confederation (Manila): • Bonded Warehouse Operators • Data to be submitted by Accreditation agency to BOC • TIN, Name, Address, Contact Number • Exporter to submit CPRS Profile Data thru VASPs, and upload to the E2M OGA Server
CPRS for E2M Export Procedures CMO 39-2008 as Amended by BOC Memo 07Mar 2011 • BOC MISTG: • Accredit, Approve and Activate Exporter CPRS • E2M generates/emails Exporter COR and CCN • Exporter to Secure Bank Reference Number BRN from AAB, for payment of export related fees • Submit COR with CCN to AAB • AAB issues BRN to Exporter • Transmits Exporter BRN to BOC e2m thru PASS5
CPRS for Exporters • Agencies (BOI, PEZA, CDC, SBMA, AFAB, etc.), PhilExport and Bonded Warehouses to provide BOC with their respective List of Accredited Exporters and Members, not later than March 11, 2011 - CDC, AFAB, BOI and PhilExport have submitted initial list • Exporters to submit profile data thru VASPs, for submission to BOC E2M not later than March 25, 2011 - CDC, AFAB, BOI and PhilExport have submitted initial list
Mandatory Exporter CPRS Data (Partnership, Corporation) • Name of Company • Nature of business (BIR Certificate of Registration) • Citizenship • Address • Contact Info • Tax Identification Number • VASP CCN No. • SEC Registration No. • Authorized Capital Stock • Paid-in Capital • Broker (Exporter Representative) • Plant Address • Company Logo • Scanned logo • Major Stockholder • Name, TIN, Position • Contact info including email, phone • Scanned Stockholder photo, Signature • Principal Officer • Name, TIN, Position • Contact info including email, phone • Scanned Stockholder photo, Signature • Responsible Officer • Name, TIN, Position • Contact info including email, phone • Scanned Stockholder photo, Signature
Recent Directives on Export Procedures • Customs Memorandum Orders - CMO • CMO 49-2010 : E2M Export Declaration thru the OSEDC Manila • CMO 54-2010 : E2M Export Declaration • Joint Memorandum Orders - JMO • JMO 1-2010 BOC-SBMA Implementation of AEDS for Subic Freeport Locators • JMO 4-2010 BOC-PEZA Implementation of AEDS for PEZA Locators • JMO 6-2010 BOC-AFAB Implementation of AEDS for AFAB Locators • CDC Memorandum Circular • CDC MC dated 3 December 2010 on Electronic Export Documentation EEDS New CMOs on BOC E2M Export Declaration to amend CMO 54, JMO with PEZA
BOC E2M Import Entry Workflow Permit Import Permit National Single Window eIP, eTAP, SPS IC, eCAI Data OGAs • OGA w Automated Processes: • PEZA, CDC, SBMA • DA: BAI, BPI and BFAR • BOI Airline/ Shipping Line Forwarder/ Consolidator Manifest/BL IED, Import Entry SAD (Formal/Wrhouse) Internet BOC Response: Assessment Final/Temporary VASP Broker VASP Gateway Importers’ Online Visibility: Import Entry, Assessment Release Instruction Invoice, BL/AWB CPRS Approved COR w BOC CCN Statement of Settlement Of Duties and Taxes (SSDT) Arrastre, Warehouse, Importer BOC Final Payment Instruction (Net: duties, taxes, fees – IPF, CSF, others) Debit from Importer Account COR/CCN AAB Final Payment Confirmation BAP/PASS5 AAB BRN + ADA
BOC E2M Export Declaration Workflow Permit Export Permit, Clearance National Single Window OGAs Exporter Representative Forwarder Export Declaration SAD Internet Permit BOC Response: Selectivity, Assessment VASP VASP Gateway Exporters’ Online Visibility: Export Declaration Export Release Invoice, BL/AWB CPRS Approved COR w BOC CCN BOC Export Division Wharfinger Exporter Debit from Exporter Account COR/CCN BOC Payment Instruction: P115.00 Doc Stamp AAB Payment Confirmation BAP/PASS5 AAB BRN + ADA
BOC E2M Export Declaration/SAD • Exporter registration • BOC E2M CPRS for Exporters • VASP for Exporters and Exporter Representative (forwarder) • Electronic Lodgment • Export Clearance, Permit prior to lodgment • Export Declaration Code (eg. EX1-1, EX2-1) • Export Declaration Form: Single Administrative Document (Export SAD) • Selectivity screens : Red, Yellow and Green • Payment of P115.00 documentary stamps, thru PASS5 • Issuance of Authority to Load (Export Release)
Why NOT pay doc stamps via PASS5 ? • “Assessment of doc stamps after ‘examination’ • Regular banking hours: Mon-Fri, 9:00am – 3:00pm • Alternative for exporters to have a cash bond, to avoid delay in loading of export cargo; nonetheless payment will be thru PASS5. Procedures for refund of cash bond? • Doc stamps required for Export Declaration is P115.00; Bank charges for ePayment via PASS5 =P120-500 per transaction • Total expenses due to payment of doc stamps via PASS5: P115 + P115 + P300 = P530.00
Frame Relay Internet Export Declaration Processes • Manual, paper-based processes • 1-3 days cycle time • Poor data quality, additional manual work to compile and analyze data, generate reports, statistics • Costly to exporters, government 1. Manual Procedures • Export Documents: • Export Declaration • Invoice • AWB/BL • Export Tally Sheet • BoatNote • Mission Order, Underguarding Exporter/Forwarder Customs, OSEDC • Requires manual data entry, with paper-based processes • Automated ED lodgment via proprietary, online systems • System requires periodic data maintenance 2. Electronic – AEDS • Export Documents: • Export Declaration - SAD • Invoice • AWB/BL Exporter/Forwarder AEDS Export Server • Manual encoding • of data in ED at ecozone • Online submission of ED/SAD to BOC E2M, thru VASPs • Automated E2M processing, with ‘selectivity’ • Online printing of ED/SAD • Exporter Online Visibility, Reports 3.BOC E2M AEDS • Export Documents: • Export Declaration - SAD • Invoice • AWB/BL BOC E2M Export Module Exporter/ Exporter Representative VASP
Pilot Implementation of ‘AEDS’ at PEZA PEZA Exporter AEDS (“ACOS”) BOC PEZA VASP - E
JMO 4-2010: PEZA and BOC PEZA Exporter PEZA AEDS BOC E2M AEDS PEZA VASP - E PEZA VASP -A Memo Circular implementing PEZA AEDS
Definition of Terms • Automated Export Documentation System • Refers to pilot e-lodgment of Export Declaration by PEZA registered exporters (SEIPI members); e-lodgment of Export Declaration to an independent deployment of the Asycuda System maintained by other VASP • Expanded for use in Subic, and recently thru issuance of JMO, in Bataan and for other PEZA registered exporters • AEDS Fee (Pilot for SEIPI members) : P75.00 per ED, with revenue share to SEIPI • E2M Automated Export Declaration System • Refers to e-lodgment of Export Declaration thru VASPs to BOC E2M Export System • Provisions for interface to the PASS5, National Single Window and the Bonds Management/Raw Material Liquidation
APEC Self-Certification • Exporters to do ‘Self-Certification’ in lieu of securing Certificate of Origin (CO) from BOC or PCCI • APEC Pilot • Malaysia-Singapore-Brunei • Pre-selection of pilot companies (Certified Exporter) • Prior notification to importing country • Invoice Declaration Statement - “The Exporter of the product(s) covered by this document (Certified Exporter No. ___) declares that, except where otherwise clearly indicated, the products satisfy the Rules of Origin to be considered as ASEAN Originating Products under ATIGA (ASEAN Trade in Goods: ___ (Exporting Country) with origin criteria ____ (eg. 40% RVC)” • Philippines Commitment to ASEAN Self-Certification by 2012 • Requires legislation, to be inserted in draft Customs Modernization Bill
New Services in Q1 2011 • EU Advanced Declaration ENS • Economic Operator Registration and Identification (EORI) • ENS Web Application • BOC E2M • P4: Informal, Transshipment, Exports Declaration, eManifest • Dept of Agriculture • BAI BFAR and BPI SPS Import Clearance (mandatory) • BAI SPS Import Clearance for one-time importer of pets (dogs and cats) • BOI Motor Vehicle Development Program (MVDP) • e-Certificate of Authority to Import, effective 3 March 2011. Briefing to Cebu-based MVDP participants on 10 March 2011 • PEZA • E-LOA, EIPS and Transfer for Logistics Enterprises: on-going pilot implementation
National Single Window NSW Import Permit Processes Online Registration Online Submission Import Permit Application Data Importer Manual Submission of NSW Import Permit Application Form + Support Docs, Payment of Fees Import Permit Status OGA (Manual) NSW Online Submission of Import Permit Application Data + Support Docs Autodebit Payment of Fees Approved Import Permit Data OGA (Auto) Broker BOC e2m Online Lodgment of Import Entry Declaration