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 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 PEZA 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) Department of Agriculture 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 . . . your Value Added Service Partner ! Local Focus – Global Reach ! BAI BPI BFAR InterCommerce . . networking to the World 1987 2008 2010 Americas United States Asia Japan, Korea, China, Hongkong, Macau, Taipei, Thailand, Malaysia, Singapore, Indonesia European Union 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 ENS, eCO, SPS Certificate, etc. European Union 27 Customs Administrations Multiple formats Advanced Declaration ENS 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. Unacceptable Acceptable Agricultural products Oranges, Fish, Rice, Bread Auto Parts Automobile brakes, Windshield Glass for Automobiles Leather Articles Saddles, Leather Handbags, Leather Jackets Machine parts Pumps, Seals, Engines Vehicles Boats, Cars, Bicycles …… Article 184 A Time limits for lodging the ENS pre-entry summary declaration Shipping goods via... Maritime containerised cargo ENS to be submitted to 1st EU country of entry … 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:less than 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 Vessel VOY N° Manila ETA Connecting Vessel VOY N° ETD Port in EU Port in EU CSCL NAPOLI 0107N 01/19-20 02/05 Hongkong XIN OU ZHOU 0052W 02/07 03/04 HAM 03/06 RTM RESOURC EFUL 344 07/28-29 08/03 Singapore NYK OCEANUS 016 0808 0825 RTM 0828 HAM 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 timely lodgment of ENS - Ensure that main vessel/carrier is duly informed on Movements Reference Number (MRN), Arrival Notice (ARN) and any Deviation 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 EXPORTER OPERATOR FORWARDER 1 Q1 2011 Export Declaration e2m Phase 4 Q12011 e-Export Doc (e-EDS) European Union 27 Customs Administrations Multiple formats PEZA Q3 2011 Inter SPS Certificate Japan, Korea, China, Macau, Hongkong, Taiwan, Thailand, Malaysia, Singapore Indonesia, Philippines InterCommerce Conex Services E2M Exports Implementation Schedule * Per Memo issued by Depcom Arevalo, BOC MISTG, dated 19 January 2011 February 28 BOC E2M Export March 21 Declaration - Subic, Clark, San Fernando, Limay, Legaspi implementation April 4 deferred - Cebu/Mactan, Davao, Cagayan de Oro/MICT, Iloilo indefinitely - MICP, Port of Manila and Port of Batangas April 18 - Tacloban, Zamboanga, Surigao, NAIA 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 1. 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 2. 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: 3. - 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 4. - 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 New CMOs on BOC E2M - CMO 54-2010 : E2M Export Declaration Joint Memorandum Orders - JMO Export - JMO 1-2010 BOC-SBMA Implementation ofDeclaration AEDS for Subic Freeport Locators - JMO 4-2010 BOC-PEZA Implementation of AEDS for PEZA Locators to amend - JMO 6-2010 BOC-AFAB Implementation of AEDS for AFAB Locators CMO 54, CDC Memorandum Circular JMO with PEZA - CMO 49-2010 : E2M Export Declaration thru the OSEDC Manila - CDC MC dated 3 December 2010 on Electronic Export Documentation EEDS BOC E2M Import Entry Workflow Permit Import Permit National Single Window eIP, eTAP, SPS IC, eCAI Data OGAs OGA w Automated Processes: Airline/ Shipping Line Forwarder/ Consolidator Manifest/BL IED, Import Entry SAD (Formal/Wrhouse) Internet BOC Response: Assessment Final/Temporary Broker Invoice, BL/AWB Importer -PEZA, CDC, SBMA -DA: BAI, BPI and BFAR -BOI VASP Importers’ Online Visibility: Import Entry, Assessment CPRS Approved COR w BOC CCN Release Instruction Statement of Settlement Of Duties and Taxes (SSDT) Arrastre, Warehouse, BOC Final Payment Instruction (Net: duties, taxes, fees – IPF, CSF, others) Debit from Importer Account COR/CCN VASP Gateway AAB Final Payment Confirmation BRN + ADA AAB BAP/PASS5 BOC E2M Export Declaration Workflow Permit Export Permit, Clearance National Single Window OGAs Exporter Representative Forwarder Export Declaration SAD Internet BOC Response: Selectivity, Assessment Invoice, BL/AWB Exporter Permit VASP Exporters’ Online Visibility: Export Declaration Export Release CPRS Approved COR w BOC CCN BOC Export Division Wharfinger Debit from Exporter Account COR/CCN VASP Gateway BOC Payment Instruction: P115.00 Doc Stamp AAB Payment Confirmation BRN + ADA AAB BAP/PASS5 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 Export Declaration Processes 1. Manual Procedures Export Documents: • Export Declaration • Invoice • AWB/BL • Export Tally Sheet • BoatNote • Mission Order, Underguarding Exporter/Forwarder Frame Relay 2. Electronic – AEDS Export Documents: • Export Declaration - SAD • Invoice • AWB/BL Customs, OSEDC Exporter/Forwarder • Manual encoding of data in ED at ecozone AEDS Export Server 3. BOC E2M AEDS Export Documents: • Export Declaration - SAD • Invoice • AWB/BL BOC E2M Export Module Internet Exporter/ Exporter Representative VAS P •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 •Requires manual data entry, with paper-based processes •Automated ED lodgment via proprietary, online systems •System requires periodic data maintenance • Online submission of ED/SAD to BOC E2M, thru VASPs • Automated E2M processing, with ‘selectivity’ • Online printing of ED/SAD • Exporter Online Visibility, Reports Pilot Implementation of ‘AEDS’ at PEZA PEZA Exporter AEDS (“ACOS”) PEZA VASP - E BOC 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 Importer Online Registration Online Submission Import Permit Application Data Manual Submission of NSW Import Permit Application Form + Support Docs, Payment of Fees OGA Import Permit Status (Manual) Online Submission of Import Permit Application Data + Support Docs Autodebit Payment of Fees OGA Approved Import Permit Data NSW (Auto) Broker Online Lodgment of Import Entry Declaration BOC e2m Q&A: WebCWS: Export Declaration CDC ED/SAD Print Out WebCWS: PEZA AEDS With Exportables Without Exportables WebCWS: CDC Export Documentation CDC ED/SAD Print Out