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Republic Act
Approved December 15, 2009

Republic Act No. 9853

An act amending republic act no. 9280, otherwise known as the "customs brokers act of 2004", and for other purposes

AN ACT AMENDING REPUBLIC ACT NO. 9280, OTHERWISE KNOWN AS THE "CUSTOMS BROKERS ACT OF 2004", AND FOR OTHER PURPOSES

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In plain language

Republic Act No. 9853 amends RA 9280 by clarifying the definition of customs broker practice and admission, setting corporate registration requirements, repealing conflicting laws, and providing effectivity 15 days after publication.

  • Amends Section 27 to define customs broker practice
  • Amends Section 29 to set admission criteria and corporate registration requirements
  • Repeals laws inconsistent with the Act
  • Effectivity 15 days after publication
Customs
Broker
Regulation
Amendment

Fourteenth Congress Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 9853

AN ACT AMENDING REPUBLIC ACT NO. 9280, OTHERWISE KNOWN AS THE "CUSTOMS BROKERS ACT OF 2004", AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 27 of Republic Act No. 9280 is hereby amended to read as follows:

"SEC. 27. Acts Constituting the Practice of Customs Broker Profession. - Any single act or transaction embraced within the provision of Section 6 hereof shall constitute an act of engaging in the practice of customs broker profession. Import entry shall be signed by a customs broker and the consignee/owner/importer under oath based on the covering documents submitted by the importers: Provided, That export declaration shall be signed by the exporter or, at his option, delegate the signing and processing of the document to his designated customs broker or authorized representative.

Section 2. Section 29 of Republic Act No. 9280 is hereby amended to read as follows:

"SEC. 29. Admission to Professional Practice. - The practice of customs broker is a professional service, admission to which shall be determined upon the basis' of individual and personal qualifications. However, nothing in this Act shall prevent a corporation from being registered for the purpose of engaging in the business of customs brokerage as long as the corporation shall engage or hire the services of at least one (1) customs, broker,"

"For purposes of this Act, the phrase 'engaging in the business of customs brokerage' shall mean making representations in behalf of importer - clients in the Bureau of Customs (BOC) and other government agencies: Provided, That such corporations engaged in the business of customs brokering shall have a minimum paid - up capital of One million pesos (Php1, 000,000.00) before they are accredited by the BOC.

Section 3. Repealing Clause

All laws, presidential decrees, executive orders, memorandum orders and other administrative orders, rules and regulations or parts thereof contrary to or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.

Section 4. Effectivity Clause

This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation in the Philippines.

Approved,

| PROSPERO C. NOGRALES Speaker of the House of Representatives | JUAN PONCE ENRILE President of the Senate |

This Act which is a consolidation of Senate Bill No. 3396 and House Bill No. 3274 was finally passed by the Senate and the House of Representatives on September 28, 2009 and October 8, 2009, respectively.

MARILYN B. BARUA-YAP

Secretary General House of Representatives

EMMA LIRIO-REYES

Secretary of the Senate

Approved: DEC. 15, 2009

GLORIA MACAPAGAL-ARROYO

President of the Philippines

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.