Background paper prepared for the World Development Report 2005




                    Customs Valuation Reform in the Philippines

                                      Ramon L. Clarete
                      University of the Philippines School of Economics


                                        July 16, 2004




                                           Abstract



This paper documents the adoption of transaction valuation reform in the Philippines and assesses

its impact on collection, customs administration cost, and business transaction cost. It has been a

major concern of the Philippine customs authorities and critics of the reform that giving up the

use of published official customs values in order to adopt transaction values ­ defined as the

prices actually paid or payable by the buyer to or for the benefit of the seller for the imported

goods­ would lower customs collection. On the contrary, as this paper shows the use of

transaction values expanded customs revenues.




The views expressed are those of the author and do not necessarily reflect official views of the
World Bank

1. Introduction

          This paper documents the adoption of transaction valuation reform in the Philippines and

assesses its impact on collection, customs administration cost, and business transaction cost. It

has been a major concern of Philippine customs authorities and critics of the reform that giving

up the use of published official customs values in order to adopt transaction values ­concisely

defined to be the prices actually paid or payable by the buyer to or for the benefit of the seller for

the imported goods-- would lower customs collection. On the contrary, as this paper shows the

use of transaction values expanded customs revenues. It seems from the results in this paper that

ex-ante fears on this matter may have grossly underestimated the positive response of importers

to the lower than published home-consumption transaction values. By conferring the importers

the legal right to be assessed on the basis of the transaction values of their imported merchandise,

the customs authorities improved the gains for trade facilitation, which accrued to them when

they automated import procedures.

          There could not have been a more appropriate sequel to the relatively successful

automation of customs procedures in the Philippines than modernizing the way customs

authorities determine the dutiable value of the imports. Implemented between 1995 and 2000

with World Bank support, the automation program of the Bureau had substantially streamlined

customs procedures, reducing the time required to process import cargoes, and improving

transparency (e.g. see Bhatnagar, 2001; Hors, 2001, Maniego, 1999)1,2. Considered by the World

Customs Organization (WCO) as a major force changing the nature and content of customs work

worldwide,3 automation of procedures, particularly of the Bureau's import assessment and cargo

clearance system, has provided importers substantial savings in time, finances and costs

associated with going through bureaucratic procedures. As a result, the BOC's Automated

Customs Operations System (ACOS) has improved the Bureau's productivity and, more

importantly, has reduced the expected net benefit of fraud and corruption.4

          Since the 1950s, many countries assessed customs duties on the basis of the Brussels

Definition of Value (BVD) or a variant thereof. The BVD method determined a normal price of



1See Parayno (2003) for a description of the Bureau's automation program. The author was the Commissioner of
Customs when the program was implemented.
2Of the US$27 million, the Bureau of Customs borrowed $19 million from the World Bank to procure hardware and
software (Bhatnagar, 2001).
3In a recent survey it conducted involving 38 countries or 27 % of its members, 71% of the respondents indicated that
information technology is used to assist customs authorities in storing and using data on trade transactions and related
information to improve its operations (see WCO, undated).
4According to Bhatnagar (2003), information technology supported systems require the standardization and publication
of rules and procedures. As a consequence, it reduces the discretion and opportunity for arbitrary action, increases
accountability, and enhances the possibility of exposing corrupt practices of civil servants. Maniego (1999)
documented the benefits of the Bureau of Customs computerization project.

the imported merchandise, defined to be "the price that a good would fetch in an open market

between a buyer and seller independent of each other." According to this system the applicable

duties and taxes were assessed. The Philippine customs valuation procedure comprised a series of

variants of the BDV, which under Philippine laws since the 1950s had received various labels:

home consumption value, fair market value, and published values. All these values were notional

prices of specific imported products, and customs authorities maintained, updated and published

these. Traders particularly disliked this method because customs authorities adjusted these

notional values less frequently than actual market price movements. Moreover, the method failed

to consider changes in the relative competitiveness of firms and the prices of new and unusual

products.

         While the GATT members in 1979 formulated a customs valuation code during its Tokyo

Round of trade negotiations, the Philippine government did not sign this stand-alone agreement.

The code prescribes the use of transaction values, defined as the price actually paid or payable by

the buyer to or for the benefit of the seller for the imported goods, and which includes all

payments made as a condition of sale of the imported goods by the buyer to the seller, or by the

buyer to a third party to satisfy an obligation of the seller. This manner of determining customs

values aimed to provide a fair, harmonized, and neutral customs valuation procedure that was in

line with changing market forces.

         In 1995, when the Uruguay Round Final Act of the GATT created the World Trade

Organization and issued an Agreement on the Interpretation of Article VII, which among other

provisions mandated all its members to adopt the transaction valuation procedure, by 2000 at the

latest for developing countries. The interpretative agreement provided as well various legally

binding rules and procedures for the proper implementation of Article VII. The report discusses

the challenges faced by the Philippine government and its responses when it legally enabled this

agreement. Between 1995 and 1997, the Philippine government worked to enact R.A. 8181,

adopting the transaction valuation system in accordance with its obligation as a WTO member to

implement the customs valuation agreement at a time no later than 2000. In 2001, or a year after

it implemented this law, the government passed R.A. 9135 to remove the use of published values

from the law, which was inconsistent with the use of transaction values.

         This report discusses the challenges the Bureau of Customs faced in implementing the

transaction valuation law including the setting up of a post entry audit capability and related

safeguards to protect its collection. R.A. 9135 authorized post-entry customs audits as a

mechanism designed to protect customs collection and at the same time facilitate trade. Another

casualty of transaction valuation reform is third party pre-shipment inspection. The Bureau

discontinued pre-shipment inspection, which as used in the Philippines was inconsistent with the

spirit and objectives of the law on the use of transaction values. Interestingly, the clamor for

safeguards of the private sector in 2000 against possible unreasonable use of discretion, and

harassment, inherent in a customs administration perceived to lack transparency and

accountability, led to a useful innovation in customs administration with the super green lane

(SGL) facility. While it is yet early to make an assessment of the post-entry audits, the paper

nonetheless will document the process in setting them up and highlight the features of the

programs that require monitoring and improvements.


1. Enabling Transaction Values

         The WTO requires all members to use transaction value as the legal basis in assessing the

dutiable value of imported merchandise. This is the price that importers actually paid or legally

bound to pay for the goods they bring in to the country. Transaction values also incorporate the

other expenses necessary in making, exporting and bringing the merchandise into the territory of

the importing country, which are not yet included in the price. Such expenses may include

commissions and brokerage fees; cost of containers; and the cost of packing, whether for labor or

materials; the cost of transport of the imported goods from the port of exportation to the port of

entry in the Philippines; loading, unloading and handling charges associated with the transport of

the imported goods from the country of exportation to the port of entry in the Philippines; and the

cost of insurance.

         These other components of transaction values that normally are not observed at the point

of importation may include the value of materials, components, parts and items incorporated in

the imported goods; tools, dies, moulds and similar items used in the production of the imported

goods; materials consumed in the production of imported goods; and engineering, development,

artwork, design work, and plans and sketches undertaken elsewhere than in the country of

importation and necessary for the production of imported goods. These cost items may also cover

the amount of royalties and license fees that the buyer must pay, either directly or indirectly, in

connection with the goods being valued, as a condition of sale of the goods to the buyer and the

value of any part of the proceeds of any subsequent resale, disposal or use of the imported goods

that accrues directly or indirectly to the seller.

         The WTO agreement prescribes a hierarchy of six (6) methods that customs authorities

need to apply sequentially and conditionally in computing transaction values. Under method 1,

the transaction value is the invoice value of the merchandise, as may possibly be adjusted for

necessary expenses such as those described above. This method is inapplicable if: (a) the buyer

and seller are related to each other and the relationship had an effect on the price of the imported

merchandise; (b) there are restrictions as to the disposition of the imported merchandise where

such restrictions influenced the price; (c) there are considerations that influenced the value of the

merchandise such as if the transaction in question is tied to another between the two parties

concerned; and (d) part of the proceeds obtained in the disposal and use of the merchandise by

buyer would accrue to the seller of the good.

         Customs authorities apply Method 1, if it is applicable to do so. Otherwise, they need to

use Method 2, which is the transaction value of an identical good. If Method 2 could not be used

because there is no identical good to calculate the value of, WTO members need to apply Method

3, and this is the transaction value of a similar good. The sequence goes on to Method 4

(Deductive value), Method 5 (Computed Value), and Method 6 (Fallback Value). Under method

6, if this is ever used at all, customs authorities are obliged to disclose how the fallback value was

calculated. The agreement defines a clear process of computing transaction values. The

likelihood is high the transaction value of an imported merchandise is obtainable under any of the

first three methods. In laying down a clear process and enjoining all its members to abide by

these rules, the WTO agreement reduces discretion, improves transparency and makes customs

valuation procedure all over the world increasingly predictable. Accordingly, the agreement

facilitates trade.


1.1.     Pre-Reform Valuation Rules


The series of changes of customs valuation procedures of the Philippine government stretches as

far back as about a hundred years ago. Table 1 shows this evolution. Before the Philippine

government adopted the WTO's transaction valuation rules, the rules virtually allowed customs

authorities to exercise a good amount of discretion. Accurate, reliable and timely information

was costly to acquire and the rules failed to provide specific instructions when to use one

valuation rule over another. The virtually multiple valuation rules regime subjected import

businesses to uncertainty and compelled importers to make deals with customs authorities to

secure the most privately profitable terms for their businesses. The high import duties

particularly in the 1960s, aimed at protecting domestic industries, compounded the situation by

increasing the incentive to negotiate for the appropriate tariff and tax payments, and a favorable

decision had to be reciprocated illegally. The regime and practice spawned integrity problems in

Philippine customs administration, which spread throughout the Bureau.

          Table 1. Philippine Customs Valuation Regulations: 1909 to 1986
               Customs laws and
    Year         Valuation Used                               Remarks
                                          Since most of the country's imports came
            Tariff Act required the       from the United States, Philippine colonial
            use of actual market          government used customs values published
   1909     value                         in the United States.
                                          R.A. 1937 also
                                          - authorized the use of domestic market value
                                          of the same or similar merchandise when
                                          sold in the Philippines, appropriately adjusted
            R.A. 1937 required the        to make it comparable to the value of the
            use of the market             good at the border;
   1958     value                         - authorized the use of invoice values
                                          P.D. 34 also required
                                          - To contain the growing problem of under-
                                          valuation and misclassification of imported
                                          merchandise;
                                          - To curb the dumping of imported goods;
            P.D. 34 required use          - To neutralize the export subsidies by
            home consumption              governments of exporting countries;
   1972     values                        - deputize revenu
            P.D. 1464 reiterated
            the use of home               P.D. 1464 codified the country's tariff and
   1978     consumption values            customs laws.


                                          EO 156 also required
                                          - using the actual cost of freight and
                                          insurance instead of an across the board 10
                                          percent surcharge;
            EO 156 required the           - adding other expenses needed to bringing
            use of fair market            the goods to the Philippines were added to
   1986     value                         the price to obtain the dutiable value

        Changes to customs valuation rules typically aimed to reduce technical smuggling and

corruption. For example, the need to contain the growing problem of under-valuation and

misclassification of imported merchandise, which reduced government revenues and aggravated

corruption, prompted reforms such as the issuance of P.D. 34 in 1972. Customs authorities were

required to use and publish home consumption values, defined to be the wholesale price of the

good being exported to the Philippines at about the time of exportation in the principal markets of

the exporting country. By causing the publication of home consumption values, the authorities

aimed to introduce transparency and provide protection to importers from abuse of authority by

corrupt customs officials.

        The use of published home consumption values failed to put an end to the technical

smuggling and integrity problems in customs administration. While the Commissioner of

Customs regularly updated this list, the updates were less frequent than market price changes.

P.D. 34 underestimated the resources and coordination with the various consular offices of the

Philippine government required to effectively implement the reform.5 A survey done in 1987 by

Societe Generale de Surveillance (SGS), a pre-shipment inspection firm, revealed that 80 percent

of the merchandise imported to the Philippines did not have any published values, ten percent had

published values equal to the export price, and the remaining ten percent were the only ones with

true home consumption values.6 The lack of real time synchrony between published official

HCVs and market values, the partial coverage of the list of published values or the imperfect

distribution of information about published values was a source of friction between taxpayers and

customs officials and created the opportunity to negotiate. These were the ingredients for the

continued regime of multiple valuation rules, exercise of discretion, and technical smuggling.


1.2.       Pre-Shipment Inspection

           One important reform following the change of government in the Philippines in 1986 was

to engage the services of a pre-shipment inspection (PSI) firm, SGS, in authenticating the

declared values of imported merchandise. In 1987, the PSI agreement between SGS and the

Philippine government covered three countries namely Japan, Hong Kong and Taiwan. The list

was expanded to other East Asian countries including Singapore, Thailand, Indonesia, Malaysia,

Brunei, South Korea and Macau. In 1992 and with the recommendation of the domestic

industries, the SGS contract was expanded to cover all countries and commodities.

           Pre-shipment inspection was a pivotal feature in the import assessment and cargo

clearance process. The SGS provided validation services for the values declared by the importer

and issued a Clean Report of Findings (CRF) to the Bureau of Customs. The CRF indicated the

acceptable dutiable value that the importer needs to pay. The process is complicated involving

cross-border interaction between the offices of the PSI firm, the SGS-Manila Liaison Office and

the SGS inspection office in the exporting country. The CRF document was central to the

customs clearance procedure and that granted the PSI firm a very important role in the process.

While imported merchandise continued to be assessed on the basis of published values if these

were available, the CRF-reported dutiable values were the basis for assessing duties and taxes for

those goods without any published values. The SGS inspected goods particularly those that were

declared as "used" or "second grade". In principle, all goods with an L/C of at least USD 500



5The involvement of diplomatic officers only resulted in a redistribution of the rents from under-valuation of imported
merchandise. The gathering of price information by diplomatic officers was an added function of these government
officials, who tended to implement this duty on a best effort basis. Market information that they provided was
irregular, outdated, resulting in home consumption values, which differed with market values.
6This information is obtained from Medalla, de Dios, and Aldaba (1997).

FOB were covered by PSI. But regardless of value, the PSI firm was expected to inspect and

issue a CRF, if this were appropriate, for goods declared as used or inferior. At its height, SGS

pre-shipment inspection covered sixty countries and 95 percent of all imported merchandise came

from only ten countries.

         Before the implementation of the WTO valuation in 2000, there were calls for the

elimination of pre-shipment inspection. Critics claimed that the Philippines did not get a good

return from the pre-shipment inspection contract with SGS. The contract, which cost the

Philippine government a few billion pesos a year or more than the annual budget of the Bureau of

Customs, delivered performance that was difficult to verify. While the PSI firm maintained that

it contributed to the expansion of revenues, the data and analysis provided fell short of proving

the claim to its critics, a few of whom were in high positions in the Philippine government.

         In the meantime, the transaction valuation agreement indicates that pre-shipment

inspection could not be used to determine dutiable values. The CRF values generated by the PSI

firm became legally worthless, reducing substantially the benefit of pre-shipment inspection. In

March 2000, the Philippine government decided to let go its PSI contract with SGS.


1.3.     R.A. 8181: A Mishmash of Transaction and Notional Valuation

         Developing country contracting parties had up to 2000 to reflect in their respective

domestic laws the provisions of Article VII of the GATT 1994, which is the Customs Valuation

Agreement on the implementation of transaction value system. In March 1996, the Philippine

Congress enacted R.A. 8181 to implement the transaction valuation scheme on or before January

1, 2000. The President was given the power to recommend to Congress to adopt the scheme

earlier than 2000 in accordance with the provisions of the Act.

         R.A. 8181 was a badly crafted law. While the law in essence reflected the salient

provisions of the customs valuation treaty of the WTO, it nonetheless provided for the continued

use of published notional values in determining import assessments. In effect, the law provided

for a dual customs valuation regime and it is not clear to the customs authorities when they would

use one or the other. After enumerating the sequential steps in determining the transaction value

of a merchandise, R.A. 8181 states that "the correct dutiable value of the imported goods referred

to above shall be ascertained by the Commissioner of Customs from reports of revenue or

commercial attaches or other Philippine diplomatic officers and from such other sources of

information as maybe available to the Bureau of Customs'. As written, customs authorities in

the Philippines had the power to use either transaction or published home consumption values.

In resolving a possible conflict between the two values on the same merchandise, an

implementing rule of RA 8181 states that the customs authorities ought to use the higher of the

two, which clearly departs from the treaty provisions.

         How R.A. 8181 was finally crafted reflected the concerns of various groups starting with

domestic producers. Producers, such as the Federation of Philippine Industries during that time,

have been concerned that the new valuation scheme would only facilitate the dumping of

imported merchandise in the country, resulting in unfair competition and loss of jobs in the

country. These producers had expressed their respective views or concerns about the transaction

valuation scheme. They had asked for safeguards against dumping and subsidized exports. If it

were up to them, they would not pass R.A. 8181 and would rather have pre-shipment inspection

under SGS or any other PSI firm to continue. The valuation regime involving HCVs along with

pre-shipment inspection was more supportive of their objectives than transaction valuation

procedures. These producers did not get what they aimed for, which is to prevent the enabling of

transaction valuation in the Philippines, but that did not stop them in pursuing their objectives,

this time through the use of implementing regulations. Thus, about a year before the impending

shift to transaction valuation, representatives from these domestic industries requested the

Department of Finance to instruct the Customs Commissioner to use domestic wholesale selling

price to be the only basis of the dutiable value of imported merchandise. The presumption in

their proposal was that all imports are under-valued and in addition to using published values,

these producers further asked to limit to 10% of the value the deductions for expenses and profits.

They got slightly more under RA 8181, 25% of the import values were allowed for such

deductions.

         The customs authorities likewise were concerned about under-valuation and how R.A.

8181 would reduce collection, which accounts for about twenty percent of the government's tax

income. When the law was deliberated in 1996, the customs officials did not have a good access

to information as to how the possible problem of under-valuation is dealt with under a transaction

valuation scheme. The available remedy to them during the time was the tried and tested

prescription of maintaining a list of published values, which the agency can use against under-

valuation. Interestingly, the safeguard excluded pre-shipment inspection although that would not

have prevented the government from contracting with a firm for pre-shipment inspection services.

PSI services would have complemented the safeguard by providing information that would

eventually be processed to update published values by the customs agency. One reason for

excluding pre-shipment inspection was that the author of R.A. 8181 had advocated for the

cancellation of the PSI contract. The available remedy to under-valuation was to enable customs

authorities to use published values, if this were needed in the interest of service. Hence, R.A.

8181 was not fully compliant with the treaty obligations in the WTO customs valuation

agreement.


1.4.     R.A. 9135: Transaction Valuation Enabled

         While this lobbying was going on in 1999 a year before the implementation of transaction

valuation in 2000, legislative bills were filed to amend R.A. 8181 in order to remove any

ambiguity in the law. The initiative came from the Steering Committee that was created in order

to oversee the transition from home consumption to transaction values. The Deputy

Commissioner of Customs for Port Operations and Assessment headed the Committee. The main

objective of the Committee was to implement the WTO transaction valuation system, identify the

critical areas of concern on both the bureau and other stakeholders, and determine how these

concerns ought to be handled. A Technical Working Group assisted the Steering Committee and

was headed by the Director for Import Assessment Services. The group reviewed existing laws

and regulations to determine the degree of their divergence from the customs valuation agreement

and to identify the legislative and administrative changes to be made. It traced the procedural and

organizational implications of these changes and determined the additional capability within the

Bureau to effect these changes including interface with Automated Customs Operating System

(ACOS). It formulated a program of activities leading to the complete implementation of the

Agreement. Selected customs officials were appointed to form the technical working group and

they were assisted by a technical assistance team, which was made available to the Bureau under

a trade capacity building technical assistance project of USAID/Philippines. The technical

working group worked with the members of Congress to strengthen the domestic law on the

implementation of transactions values and to enable post entry audit to address the revenue

concerns of the Bureau.

         The bills seeking to amend R.A. 8181 were enacted into law as R.A. 9135 in May 2001.

RA 9135 disallowed the use of published values as the basis for customs valuation, and allowed a

post entry audit system of value verification. It, in effect, substantially reduced the discretion of

customs authorities to determine the value of imported goods at the border. This allowed goods

to be released faster. The focus of discussion during legislation was on the problem of under-

valuation, which the use of transaction values may inadvertently aggravate. It is recalled that

R.A. 8181 offered to solve this problem with the continuing use published values. Disputes arise

and in order not to hold

         The representatives of the import substituting industries supported the use of published

values. Instead of published values, the technical working group offered to Congress the use of

post-entry audits to deter under-valuation. Customs audits had not been allowed under the

country's existing customs laws, the primary strategy being for customs administration has been

to keep the imported merchandise within the customs zone until officials are satisfied that the

importer had complied with the relevant laws and regulations of the country, at the expense of

trade facilitation and increased transactions cost. R.A. 9135 incorporated the suggestion of the

Bureau which was to use post-entry custom audits not only to deter under-valuation but more

importantly also to help the Bureau's clients comply with customs and related laws and rules in

general.

          With the transaction valuation law, home consumption values or other notional values

can no longer be used as basis in determining import assessments. However, customs authorities

under the WTO agreement continued to have the right to exercise a doubt on the declared value in

a way consistent with the objectives of the transaction valuation agreement of the WTO. They

exercise this right through the valuation range information system. However, unless they have

evidence that fraud is committed, the authorities are constrained to release the imported article,

the declared value of which may remain disputed. This is why post-entry audits may now be

needed as a means to deter under-valuation. Post-entry audit is discussed in a separate section

below.

          This reform was the outcome of the work over a period of two years of the Technical

Working Group. In addition to drafting bill, consultations were held with the private sector and

numerous information dissemination activities were conducted to explain the proposed revisions

to the law and the need for the post entry audits. The group actively advocated in Congress the

bill as it went through the legislative process, from committee hearings at the Lower House to

sponsorship on the floor in late November 2000. The support from the other executive agencies

such as the Finance Department and the National Economic Development Authority was critical,

which paved the way for securing a certification from the President that the bill is important and

urgent.


2. Implementing Transaction Valuation

          Upon the signing of RA 9135 into law in May 2001 by President Arroyo, the

Commissioner of Customs constituted the Post-Entry Audit Management Steering Committee

(PEA-MSC) and the Post-Entry Audit Technical Subcommittee (PEA-TSC) to plan and manage

the implementation of the law, monitor work progress, integrate the PEA program into the whole

BOC corporate plan and submit report to the Commissioner. Four technical working groups were

formed under it, namely (a) Legal Matters, (b) Operational Systems and Procedures, (c)

Information and Risk Management, (d) and Change Management.


2.1.      Implementing Regulations

          In November 2001, the Secretary of Finance issued Customs Administrative Order

(CAO) No. 5 ­ 2001, which spelled out how R.A. 9135 ought to be implemented including post

entry custom audits. The Customs Administrative Order 5-2001

·    Defined the primary and five alternate methods of valuation, with the elements and

     conditions for the application of each method clearly presented. This provision removes the

     discretion of customs officers in adopting a valuation method and how such a method is to be

     applied.

·    Provided for reference values as a risk assessment tool and not as substitute values. This is

     Value Range Information System, the nature and implementation of which is discussed

     below.

·     Set the administrative policies governing currency conversion, tentative releases under

     guarantee in cases of valuation disputes, finality of liquidation of imports, and appeals on

     adverse decisions.

·    Provided the rules on record-keeping and compliance audit, including the definition of the

     entity obliged to keep records, the kinds or classes of documents, records or data that must be

     kept for audit purposes, and the target, scope and authorities of audits, including selection

     criteria.

·    Set the rules on the compulsory acquisition by government of grossly undervalued imports.7

·    Defined the criminal and administrative sanctions against non-compliance.

          The implementing regulations took half a year to be released due to lingering concerns of

the private sector stakeholders, which the Commissioner entertained, despite the fact that public

consultations had already been held on earlier draft regulations, and because of turnover of top

management at Department of Finance in 20018. The Legal Matters sub-committee conducted

public consultations on the implementing regulations of the law with the Philippine Chamber of

Commerce and Industry, Federation of Philippine Industries and Confederation of Customs


7The idea for compulsory acquisition was obtained from a resource person in a training assistance program on
transaction valuation. Compulsory acquisition is a provision in New Zealand's customs laws that had never been used
there. In a training organized under the auspices of APEC, this provision was told to Philippine customs officials who
were concerned about under-valuation, and the idea stuck in their minds. By putting this into the law, customs has the
legal right to buy any good it likes from the importer at the value declared by it.
8In the middle of 2001, Secretary of Finance Alberto Romulo was appointed as the Executive Secretary and Secretary
Jose Isidro Camacho assumed the finance post. This in turned triggered a change in top management at the Department
of Finance.

Brokers Inc., who separately raised the issues on the scope of the audit and record keeping as well

as the concern that audits may deteriorate into a "fishing expedition" and used to harass importers

and brokers. These stakeholders reiterated their preference for BOC to use published values.

         The Legal Matters sub-committee dealt with legal issues associated with implementing

R.A. 9135, which it addressed by recommending to the Customs Commissioner the issuance of

five separate Customs Memorandum Orders. These implementing issuances included (1) CMO

37-2001 on the role of the Valuation and Classification Review Committee (VCRC),

consolidating previous CMOs with additional modifications on cargo clearance; (2) CMO 02-

2002 on record-keeping and post entry audit guidelines; (3) CMO 01-2002 on the determination

of administrative liability and the imposition of administrative fines; (4) CMO 03-2002 on

procedures in protest cases in the determination of the customs value and tariff classification of

imported goods under the transaction valuation regime; and (5) CMO 04-2002 on implementing

the compulsory acquisition of grossly undervalued imports.

         One important, if not the top, issue dealt by the Bureau of Customs was on how to

implement the transaction valuation and at the same time protect its collection. Every year, the

Bureau has a target collection to meet and being new, the WTO valuation rules have the potential

of reducing their collection through undervaluation. Another concern was on how to implement

customs audits properly, particularly because the importers and their agents had expressed a

possible problem of customs auditors using these powers to harass them.


2.2.     Valuation Range Information System

         The shift to transaction values has the potential of aggravating the problem of under-

valuation. What importers declare as transaction values is legal until proven otherwise, which is

difficult to prove considering that customs authorities have imperfect information on the

authenticity of declared import values. Not only is this a concern of customs authorities,

domestic producers stand to partly lose as well the trade protection they have. The use of

published home consumption values accords the customs authorities and domestic producers a

protection against possible under-valuation, and reduces uncertainty.

         The value range information system (VRIS) was established to deter under-valuation.

The system consists of ranges of values of imported articles, which in turn are the respective

minimum and maximum values of a given article imported in the immediately preceding the last

update of these value ranges. The VRIS is a screen in the selectivity module of ACOS. When

the declared value of the merchandise fell out of the value range for that article, the import entry

transaction is tagged and the customs authorities require the importer to show to the Valuation

and Classification Review Committee (VCRC) the needed documents showing that the declared

value is legitimate before continuing with the import clearance process.

         This validation process, according to customs authorities, is consistent with the customs

valuation agreement of the WTO in the sense that there is nothing in VRIS that legally restores

the use of published values. Article 17 of the WTO Customs Valuation Agreement allows the

validation provided that the exercise of this power by any member economy is consistent with the

objective of the Agreement as a whole, which is to harmonize customs valuation systems

worldwide using transactions values and to facilitate trade. The process manifests BOC's

exercise of its mandate under the country's customs code to enforce the country's tax laws and

related regulations.

         The mainstream approach of the Bureau to customs supervision puts greater emphasis on

clearing import transactions, a system that the Bureau had automated with its Automated Customs

Operations System (ACOS). ACOS is a set of computer programs, of which the software

package ASYCUDA9 is the main software program. With ASYCUDA, smaller programs form

part of ACOS and include the Automatic Matching of Payments and Payables (AMPP) and the

On Line Release System (OLRS). The AMMP matches payment made by the importer to an

Accredited Agent Bank with the assessment determined by the ASYCUDA program. If the

payment matches the assessment, and the OLRS sends a notice to the arrastre to release the

goods, completing the entire import cargo clearance process.

         The ASYCUDA, the current version of which is ASYCUDA++ , after receiving the

electronic copies of the import entry documents, runs its selectivity module, which selects the

import entries that require documentary (yellow lane) or documentary and physical examination

(red lane). Unless selected, all import entries are on the green lane. Yellow lane selected entries

involve products that are regulated by other agencies such as the Department of Agriculture for

sanitary and phyto-sanitary regulations or the Department of Trade and Industry for product

standards. While the examination of import documents and the cargo is conducted for a selected

entry, automated processing is temporarily suspended. The examination officer, having

completed the check, resumes running the ASYCUDA program, in which case the import entry is

shifted forward to that part of ACOS where payment and assessment are matched by the AMMP

program.




9ASYCUDA was developed and is maintained by UNCTAD. At least 80 countries uses the software for at least their
respective import clearance procedures

         The Selectivity Module a risk management tool of the Bureau, comprising about 25

screen windows designed to select those entries to be assigned to the yellow or red lane.10 The

Risk Management Group (RMG) under the Bureau's Intelligence and Enforcement Group (IEG)

is responsible for updating the selection criteria of the Module. The selection screens need

regular updating to reflect the currently discovered risks or new regulations. Ideally, these screens

should be updated at least once a month to reflect the most recent import conditions. However,

this capability is yet to be developed and institutionalized.

         The VRIS is an added screen to the Bureau's selectivity module. A "hit" by the VRIS

virtually puts the import entry in the yellow lane and in this lane the responsible official has to

check if the import documents are compliant with the relevant regulations. After going through

the documentary examination and finding the import documents compliant, the responsible

official resumes automated processing of the import entry and puts it back on the green lane.

         Integrity problems may arise when an import entry is "hit" by the VRIS and the

processing of the entry is suspended. There are unverified reports that import assessors give the

importer the option to go to the VCRC as the regulation stipulates or to agree to upgrade his

declared values, which is not part of the regulation. The objective of the upgrade is for the import

entry to be in the value range. There is asymmetry of information here. The official knows what

values are in the range, but the importer may not have the information. A negotiation may occur

between the importer and the responsible official. The importer's objective is to avoid the

transaction cost in going to the VCRC to submit documents showing the authenticity of the

declared value or if that fails to file a bond to secure a conditional release of his goods, which

requires resources.

         The importer trying to minimize transaction cost needs a favor from the responsible

official, which is to put his import entry back to the green lane, and the price for that is a

voluntary upgrade of his declaration and the cost of the favor. The cost, comprising the upgrade

and facilitation fee to the responsible official, depends upon the seriousness of the VRIS "hit".

The problem can be worse and that is when the importer has the intent to under-value and his

import entry gets a "hit" by the system. In this case, the importer would be asking a relatively

larger favor from the responsible official and that deal has a potentially higher cost.

         Top customs management anticipated these problems and that is why it centralized value

validation process. All that the assessors do is to send the importer whose entry was hit to the

VCRC to validate the value or if this validation took longer to file a bond and get his goods



10Arana, R. (1999) describes the process in conducting a risk analysis using selection filters.

conditionally released. This is a process lasting from one hour to three days. If anecdotal

information on what is going on between the importer and examiner as described here is true,

then management may need to review the system in order to monitor these "hits", how these were

resolved, who was accountable, and why they were resolved in a particular way.

         If the VRIS is not properly implemented, the transaction cost it entails and the potential

integrity problem situation it inadvertently causes may progressively deteriorate. The problem

approaches annoying situations if the VRIS hits repetitively a routinely imported good, i.e. going

to the VCRC repetitively to make the same explanation and disclose the same documents. On the

part of customs authorities, this is an unnecessary addition to their duties. The likelihood of this

happening increases if the value ranges in the VRIS are not regularly updated and the commodity

description is not precise.


a) Better Updates of Value Ranges

         There are two implementation problems to consider here: frequency of value ranges

updates and the description of goods. The VRIS is updated every quarter and despite BOC's

automated import clearance system, the updates are done manually. The VRIS update is done by

the Value Screen Working Group and involves re-estimating the ranges of the declared values

(high and low) of a given imported article from the set of declared values since the last update is

made. Because market values change frequently, the more frequent the update is the better it is

for the importers. With its computer system, these updates can be done more frequently and

automatically. However, problems occur in that some importers do not properly describe the

goods that they import in their respective import entries. This can happen and the system is

designed such that customs assessors are supposed to correct these mistakes before the data is put

into the ACOS database. But a few of them fail to do this job and the mistakes get stored with the

data in the database, rendering full automation of updates of value ranges impossible. The Value

Screen Working Group would need to check manually the ranges that ACOS estimated in order

to correct the erroneous estimates. Because there are a good number of these cases, this process

takes time and the updates are done only every quarter. Moreover, the members of the working

group have other responsibilities.

         A related issue is the phenomenon of progressive downgrades of values in the ACOS

database. Suppose a subset of importers who play the game of reducing their tax payments and

they do this by producing either fake invoices, or hide components of the transaction values, or

both but in a way that the incorrect transaction value that they declare are still within the range.

Given this behavior, the declared values of these importers would tend to cluster near the

respected minima of the value ranges. Repeated declarations like these will progressively scale

down the value ranges. To offset this phenomenon, customs authorities need to regularly fix their

ranges using a valuation database external to the ACOS.


b) Proper Description of Goods

         The other but related problem is the convention followed by BOC in describing imported

goods. An improved description of goods can make the value ranges more precise and reduce

the likelihood of unnecessary "hits" and makes full automation of value range updates possible.

The following illustrates the unnecessary transaction cost of the VRIS to an importer of a generic

product such as a pair of rubber shoes. This product may well be described in ACOS as rubber

shoes, the description being silent about whether the pair carries one of the popular brands of

rubber shoes. If the imports of rubber shoes in the last quarter were all branded pairs of shoes,

the calculated value range for rubber shoes reflect the high values for these types of shoes. In the

current quarter, when the importer brings into the country generic pairs of rubber shoes, his entry

is "hit" by the VRIS for no good reason. The importer goes to the VCRC to prove that the

declared value for his generic pairs of rubber shoes is correct. The problem would have been

avoided if the description of goods were further detailed to discriminate among brands and

generic products. A better description of goods makes ACOS more intelligent and spare

importers the extra unnecessary cost.

         The Philippine customs authorities are in the process of making its convention on the

description of goods more accurate. In the middle of 2003, it conducted workshops with its

appraisers and examiners of the different sections of the Formal Entry Division of its two major

ports, the Port of Manila and the Manila International Container Port. The workshops lacked

productive cooperation from its participants and did not produce any good results. To analysts,

the outcome was expected since the process leads to a clean and intelligent database, which

ensures a more efficient and quality decision-making in any stage of the import clearance process

and at any given level of the management hierarchy exercising customs control, whether at the

border or at post entry. Better-informed decisions help sustain trade facilitation. At the same

time, accurate information will also better equip the customs authorities in identifying and

tagging non-compliant transactions and impose appropriate intervention mechanisms. On the

other side of the coin, this type of database would result in eroding opportunities for soliciting

illegal commissions from brokers and importers, and this may explain the grudging cooperation

from appraisers and examiners.

         Customs authorities consulted with private sector representatives in late 2003 on this

matter, particularly the brokers and importers, and this was relatively more productive. Industry

experts demonstrated knowledge of the products and brought catalogues and materials that

customs appraisers and examiners failed to deliver. The private sector participants supported the

proposal that descriptions for specific products would be assigned specific numbers using the

seven digits available in the ACOS to be appended to the HS Code and the convention will be

made official by a memorandum circular on the matter from the Customs Commissioner.


2.3.     Post Entry Audits

         R.A. 9135 ushered a paradigm shift in customs administration in the country from

supervision that was primarily focused at the border to back-end controls. This enabling law also

mandated importers and custom brokers to have a more efficient record keeping by maintaining

import and business records within a period of three years from date of importation for custom

audit purposes, and laid down severe criminal and pecuniary sanctions to be imposed for non-

compliance.

         Post entry audits are the primary tools of back end customs supervision and complement

transaction valuation reform in reducing transaction cost. Customs supervision before this law

entailed substantial transactions costs on the part of importers. Goods are held at the border until

customs officials would have determined that the relevant laws and regulations had been

complied with. Automation helped reduce these costs by streamlining import clearance

procedure. However, the underlying philosophy of customs management then comprised the use

of official minimum values. The gain for trade facilitation of automation was not enhanced

because of valuation related differences between importers and customs authorities.

         While their thrust is to facilitate voluntary compliance, post entry audits serve as well to

deter tax evasion and violations of customs and other regulations. In an audit, tax payment

discrepancies may be discovered and the importer will be asked to settle his remaining

obligations to customs authorities. Unless fraud is established, customs authorities regard these

discrepancies as unintended mistakes and help importers to comply with the regulations.

         Post entry audits are a best-practice tool in today's customs administration all over the

world. The key result areas of this vision cover reduced transaction costs, increased compliance

through voluntary disclosures, lower incidence of customs fraud, revenue assurance, and

improved skills of customs personnel. The situation before the reform is limiting trade expansion

in the sense that customs resources are overly focused on border enforcement with its consequent

high transaction cost. Personnel have inadequate skills in gathering accurate commercial

intelligence and managing risks, an outcome of out-sourcing these services to a pre-shipment

inspection service provider. The costs of keeping the Bureau personnel continued to be expended

even as the government paid for the services of the pre-shipment inspection company. With post-

entry audits and the related modernization of customs administration using information

technology, the agency's personnel improve their skills and customs administration becomes

more cost-effective, sensitive to client needs, as well highly adaptive to continuous change.

        In the present situation, the Bureau is faced with competing demands. On one hand, it is

tasked to increased revenues to help reduce the fiscal deficit. But on the other hand, pressure is

rising for trade facilitation. With post entry audits, the agency is better able to manage competing

demands. Before audits were authorized, resources of the bureau were targeted at the border.

Goods are kept within the customs zone until compliance with taxes and regulations is assured.

This approach to customs supervision is inconsistent with the demand for higher trade facilitation.

With post-entry audits and transaction valuation, resources of the agency are shifted to back-end

control and ensure the accomplishment of revenue assurance and compliance with customs

regulations. Importers benefit from this shift through quicker release of their goods. Post-entry

audits form a preventive net by undertaking a verification exercise to check the degree of

compliance of the Bureau's clients.

        There are at least four items of a transaction value that require a preventive net through

post entry audits. In general, the following items of transaction values are difficult to determine

at the border, as these ordinarily may not be reflected in the invoice. One item includes selling

commissions, which are ordinarily paid after the goods would have been released from the

customs zone. These costs are payable and thus are part of the transaction value of the imported

merchandise. A second item comprises assists such as payment for the use of moulds owned by a

third party and used in manufacturing the imported product. The assists are also integral to the

transaction value of the good, but since typically the manufacturer/exporter is not paying for the

assist but rather the importer, the payment is not reflected in the invoice and accordingly is a

potential source of a revenue loss. Lastly, royalty payments and management fees are integral

costs to producing the merchandise, but are ordinarily excluded in the invoice of the

manufacturer/exporter.

        The purpose of a customs audit is to assess accuracy of valuation and tariff classification,

ensure internal controls within company are sufficient for customs requirement, and gather

commercial intelligence. Post entry audit is a systems-based type validation procedure aimed at

helping importers or their brokers comply with customs laws and regulations. The compliance

check is not about a particular import transaction but about the importer's business processes in

so far as these relate to complying with the customs rules and procedures. These processes

include the order processing flow; the receipts and inventory control flow; and the payment flow.

Auditors verify if the importers have adequate controls over their respective business processes of

relevance to the importation of goods, and how consistent these are with customs regulations.


a) Post Entry Audit Tasks

         There are two major tasks in a post-entry audit: risk profiling and field audits. The output

of the first task is the audit plan. The plan comprises the set of importers to be audited and the

respective audit issues to be pursued during the field audit. The field audit gathers information in

the premises of the importer who is to be audited needed to resolve the audit issues and help the

importer to comply with the Bureau's rulings. For post-entry audits to attain its objective of

balancing the competing goals of tax and regulatory compliance on one hand, and trade

facilitation on the other, these tasks need to be undertaken in transparent manner. It is an abuse of

this authority when the importers to be audited are not selected following an approved selection

criteria, field audits are conducted without determining first the audit issues and objectives of a

the field audit or if reports about a field audit are not filed and truthful.

         During the legislative proceedings for R.A. 9135, the private sector opposed the inclusion

of post entry audits in the amendment of R.A. 8181. Private business saw in customs audits the

abuses they see in internal tax audits conducted by the Bureau of Internal Revenue (BIR). The

latter are resorted to enforce compliance, producing about two percent of the BIR's tax income.

According to a former BIR official, hundreds of letters of authorities had been issued but only

scores of tax audit reports had been filed. It is uncertain whether the authorized tax audits had yet

to be or had been conducted. There is no system to revalidate the tax audit reports. The private

sector pointed their concern that as with tax audits, custom audits are likely used to harass them.

In response and to allay these concerns, the BOC officials testified that these audits will be

conducted in a transparent manner and controls will be built into the system to prevent abuses.

This was one contentious issue in the deliberation that Congress provided that the selection of the

importers to be audited will be done in a transparent manner and the selection process is

replicable using information technology.


         Risk Profiling

         Risk profiling covers the task of transparent selection of the importers to be audited and

the identification of the respective risk areas to be resolved in an actual field audit. The list of

firms for audit is generated from importers belonging to two broad risk areas: voluntary and

enforced compliance. In the first group are importers that are applying for or accredited to enjoy

the privilege of the super green lane (SGL). These are regular and high taxpaying importers of

the Bureau. In the second group, the list is a sample extracted from non-SGL importers, the

distinction being that the importers in the former group have agreed to be audited by the Bureau

at any time. A random selection of SGL users is undertaken, choosing the appropriate number of

importers to be audited coming from the voluntary compliance risk area.

         In the enforced compliance group, the list is generated from an analysis of low-

performing appraiser sections of collection districts, risk profiling using ACOS database

particularly those tagged by the VRIS, and intelligence operations. The revenue performance of

each appraiser section in the major ports of entry shall be evaluated against projected revenue

forecasts for the section. The importers of low performing sections are likely to be selected

depending upon the overall sampling algorithm. The ACOS database contains information about

import declarations that were "hit" by the VRIS. Importers of these VRIS-hit transactions as well

as the list of non-compliant firms gathered through intelligence gathering are audit candidates.

Audit candidates under the enforced compliance group shall be ranked in accordance with the

following criteria, potential revenue and the quality of information.

         The Commissioner sets an audit ceiling for the year depending on his audit capability

post entry audit group. The number in turn is distributed as between voluntary and enforced, and

cascaded down as among the various sub-lists in each of the two broad risk management areas.

Because the management's objective with post-entry audits is to encourage voluntary compliance,

more importers are selected from the list of audit candidates in the voluntary compliance area.

The exact weight for this is a policy decision by top customs management.

         An analysis of the CAO-8 2003, which prescribes how the importers to be audited are to

be selected, indicates that the process is broad enough as to admit several approaches. The

explanation given by authorities is that the regulation is structured so as to give the Commissioner

adequate flexibility in choosing whom to audit. It is important to contrast this with how the

framers of the WTO customs valuation agreement that paid important attention to having

transparency and accountability. While the valuation agreement admits several methods to arrive

at the dutiable value, the framers set the rules when each method can be used. Arbitrariness has

been precisely the concern of the private sector raised when Congress deliberated on the merits of

the proposed law then, for which the Commissioner was instructed by law to prepare this list of

importers to be audited using a transparent and computer-aided procedure. In effect, the selection

methodology can still be improved to make it more transparent, accountable and replicable.

         Risk profiling of every candidate is undertaken using the ACOS database. This is an

iterative process analyzing the import performance of the importer for a given number of years,

the profile of the business, and the existing regulations and rulings of the Bureau. The objective

of this process is to identify risk areas, which will become the focus of a field audit. Risk

profiling activities such as these are required to be documented including information such as the

customs officer doing the analysis, the date and duration of such activities, the officer's findings

every instance he undertakes the analysis, and the final set of audit issues that need to be attached

when seeking the approval by the Commissioner for an authority to audit a specific importer.

This is to prevent the abuse of the existing information for private gain. If the Commissioner

does not approve the audit issues, the officer responsible will have to address his concerns, which

may require another round of analyses.

         The possible revenue risk areas include related party situation between parties of the

transaction, buying commissions, price-escalation clauses, deposits/part payments, discounts,

package deals, "customs purposes only" invoices, management fees, royalty and assists, and

freight costs.


         Field Audits

         Field audits are done at the premises of the importer and its broker and these comprise

four phases. The first is the introductory stage which involves giving the importer the overview

of how the audit will be undertaken, requesting the importer the information and documents that

are needed in the process, and becoming familiar about the business. The second step is to

conduct a system audit involving order processing, receipts and inventory control flow, and

payment systems. The audit is to gather information how transactions are recorded; how

transactions are processed; how internal controls intended to prevent or detect any errors are set

up and implemented; and how errors are corrected and reported. The aim is to focus on the

weaknesses of the controls of the system, which have a bearing on the preparation of a complete,

correct, and accurate import entry. The auditor notes any weaknesses in the system, which may

result in possible non-compliance. The payment processing flow involves tracing the

settlement/payment of purchases through the importer's books from order to final settlement.

         In the third phase, the field audit proceeds with conducting a random transaction test on

the system placing particular attention on the possible absence or inadequacy of controls in the

system. These random testing of the system can take place in tandem with the verification of the

selected shipments. Audit of the importer's broker aims to check on documentation retained by

the broker and verify if some of the shipments being identified during profiling will give the

Bureau a level of assurance that matters relating to classification and origin are correctly

declared. In the exit interview, the importer is briefed about the main findings of the audit,

pointing out the weaknesses in the systems observed, and their implications for compliance.

         A report is filed at the end of the audit following a standard report format. The report

covers the objectives of the audit, its legal authority, its duration and the staff involved. It gives a

profile of the importer's business and of the import activities of the business. The report lists the

findings and observations made during the field audit. A summary is provided containing

assessment of compliance with the various customs laws, regulations, and rulings; assessment of

the importer's control systems; types of errors; the issues to be resolved; and any revenue

adjustments.


b) Post Entry Audit Group

         Interim Group
         The Commissioner of Customs created an interim post entry audit group in 2001, while

preparing for the organization of the permanent post entry audit group. Setting up the latter group

requires an Executive Order and a staffing plan that is approved by the Secretary of Budget and

Management. Existing customs officials comprised the interim audit group. They belonged to

the Technical Working Group responsible in pushing for the enactment of RA 9135. Because the

group's members had their regular functions in the customs agency, working for the interim unit

was an added task given them. Together with other factors, this slowed down the implementation

of RA 9135 and in building up the capability in the agency to conduct post entry audit. The

interim group had to be given the time required to complete the organization of the permanent

audit group.

         The advantage of assigning the members of the Technical Working Group to staff the

interim post entry audit group was that these officers had been adequately trained on transaction

valuation as well risk profiling and the conduct of field audits. Because they have been with

customs agency for at least ten years, the members know general customs administration

procedures and have respectively been serving their respective functions within the Bureau.

USAID/Philippines primarily provided the technical assistance in training the members of the

interim unit on transaction valuation and post entry audit tasks. These officials did not only go

through intensive training but also had a study tour to observe how transaction valuation and post

entry audits are conducted by the US Customs Service.

         The interim unit was able to conduct a field audit in September 2002, the country's first

post-entry audit since the passage of Republic Act 9135 in May 2001. TransWorld Trading Corp.

Inc., an importer of chemicals and plastic resins, volunteered to be audited in the process of

applying to use the Super Green Lane facility. The company was found compliant with customs

regulations, and was accordingly recommended to become a user of the Super Green Lane

facility. The audit provided the interim group practical insights about the conduct of post entry

audits, bolstering the capability and confidence of its members.

        The interim audit group did not conduct any further audits, particularly if the importer did

not voluntarily submit to be audited. The group decided to wait for the issuance of the Customs

Administrative Order on the proper selection of the importers to be audited, which the Secretary

of Finance would have to approve. The said CAO would protect the interim audit group from

possible criticism of being overly eager to conduct audits or of arbitrarily selecting the importers

to be audited. Legal suits may be filed against them by affected parties. The group had been

sensitive to the concerns aired by the private sector stakeholders that the customs agency will use

the post entry audits are to harass or extort them.

        The Customs Administrative Order (CAO 8 2003) on the proper selection of importers to

be audited took about a year to process. The Post Entry Audit Technical Subcommittee had a

concept paper and a draft CAO as early as the first quarter of 2002. However the CAO came out

only in October 2003. Differences on how to select the importers to be audited and the purpose

of post entry audits may help explain the delay. The head of the group had been appointed in

2003 and would need to review the proposed draft. The management of the permanent post entry

audit group that started to take shape in the first half of 2003 introduced less structure in the

selection criteria of importers to be audited towards and preparation of audit issues. The other

view, as spelled out in the draft CAO and shared by interim post-entry audit group members

looked at audits as primarily a tool to improve compliance and in so doing protect the tax income

of the Bureau. This approach required clear, appropriate structures into the work of the group to

ensure more transparent, accountable and replicable decisions. Two important provisions in the

draft CAO, which are on the preparation of the annual audit plan and the procedure for selecting

the importers to be audited, are meant to uphold transparency in the selection process, protect the

Commissioner from political pressures to target known supporters of political opponents, protect

private sector importers from being arbitrarily selected for audit, and to provide a basis for

performance evaluation of the PEAG. The private sector had stressed the need for transparency

and accountability so that they would not be the victims of harassment by the audit group. R.A.

9135 reflected the concerns of the private business sector by requiring a computer-aided selection

of importers to be audited. The final version of the CAO 8-2003 does not require the Post Entry

Audit Group to prepare an annual audit program to be approved by the Commissioner and gives

the Commissioner flexibility in choosing those who would be audited.


        Permanent PEAG

        In January 2003, Executive Order 160 was issued creating the Post Entry Audit Group of

the Bureau of Customs. This new unit under the BOC has the functions to ensure effectiveness

and strict implementation of PEA policies, systems and directions; support BOC modernization

efforts; and lead information dissemination program about post entry audits. The unit has two

offices. The Trade Information and Risk Analysis Office (TIRAO) is tasked to set framework

and benchmarks for compliance measurements of industry groups; develop & implement risk

management system; develop audit selection parameters; recommend audit targets; and set

policies, guidelines and standard operating procedures on the conduct of audits. The other office,

Compliance Audit Office (CAO), takes charge of formulating the audit work plan; conducting

field audits; preparing and submitting audit reports; and developing, implementing and

monitoring the compliance program. The PEAG is headed by the Assistant Commissioner and is

assisted by the Director of the Compliance Audit Unit (CAU) and the Director of the Trade

Information and Risk Analysis Office (TIRAO). The DBM approved the staffing pattern in April

2003, paving the way for BOC's screening and recruitment of personnel.

         In order to ensure the staffing of PEAG with qualified candidates who are selected based

on merit and fitness to the job using objective and multiple evaluation methods, CMO 11-2003

was issued setting up a transparent hiring and selection process. All positions in the PEAG are

entry-level to attract qualified candidates. The applicants for PEAG positions have to undergo

the following stages of selection processes: pre-screening of qualifications; written psychological

and technical examinations; targeted selection interview; background check; calibration and

ranking; and medical examination. Pre-screening and written examinations are qualifying steps

before an application proceeds to the next stages. A Board of Examiners/Screening Committee

was constituted to construct the technical test questions; undertake the screening and assessment

activities; monitor and coordinate all activities to ensure implementation of the hiring plan

according to schedule; endorse to the Personnel Selection Board (PSB) qualified candidates to

fill-up the PEAG positions; and bring to the level of the PSB issues and concerns resulting from

the implementation of the hiring plan.

         Despite the standards set by the Commissioner in the recruitment of personnel for the

PEAG, the implementation of CMO-11 2003 was not completely in accordance with the

objectives of the Commissioner contained in this Order. The CMO contains a general provision

requiring that pre-screening and written examinations are qualifying steps before an application

proceeds to the next stages was not implemented. What occurred was that the Board of

Examiners interviewed all applicants for staff positions of the PEAG. It opted not to set a cut off

qualifying score for the written examinations, which is inconsistent with a procedural guideline of

the CMO and that is the "applicants who pass the tests shall be scheduled for targeted selection

interviews by the BOE/SC members".

         Based on the decision to interview all applicants, every candidate went through all the

stages of the recruitment process and accumulated scores based on the following criteria.

Following the CMO, educational attainment, civil service eligibility, and interview results have

each a total score of 20 points. Work experience was assigned the total score of 15, while

examination results and training were each allocated ten percentage points. Distinction was given

the score of 5. Each candidate accumulated points as he or she advances in the selection process.

In the end, applicants were ranked on the basis of the composite ratings.

         Another decision of the Board that modified the ranking process was on the grouping of

candidates into five groups based on their respective educational background as follows:

accounting, law, customs administration, information technology, and other courses. Candidates

were able to jump ranks because of the grouping. The reason given for the decision was "to

provide PEAG with multidisciplinary skills and a solid technical background especially for major

industries". Candidates with composite rating below a cut off mark were eliminated from the

short list that the Board of Examiners, meeting as one, reviewed to check for errors in data

interpretation and entry. Those candidates belonging to the information technology (IT) group

was given a lower cutoff, giving advantage to its members. The BOC Human Resource Division

in its public announcement for the vacancies for the PEAG positions specifically required for

computer science graduates or those with IT experience in almost all of the positions available.

         In January 2004, PEAG is about two-thirds staffed with personnel requiring training on

transaction valuation, risk profiling and field audits. It is a critical unit at the Bureau of Customs

in the overall implementation of transaction valuation. Most of these have hardly any practical

experience in conducting post-entry custom audits. There has yet been one audit conducted since

the law was passed in 2001, and was conducted by the interim post entry audit unit, the members

of whom were trained on these new developments in customs administration. PEAG replaced

the interim unit but the experience of the latter was not transferred to the permanent group.

         It is useful if PEAG looks at recent developments at the BIR with respect to tax audits.

As is known among large taxpayers, the tax audits by the BIR as practiced are less structured.

The Commissioner of Internal Revenue had held off the issuance of letters of authority (LOA)

because as there had been so many such LOAs issued in the past, substantively fewer reports had

been filed. The few that had been filed had hardly been reviewed at all. The Commissioner of

Internal Revenue instead is pushing for his program of "no contact audit". This is a computer-

aided analysis on the truthfulness of tax declarations particularly of large taxpayers using third

party information, and the response is that taxpayers increased voluntarily their tax payments

upon learning that the BIR already had the capability of using third party information. The

emerging lesson is that flexibility is increasingly regarded more to be a liability, in terms of

collection and the reputation of the Bureau. The apparent best practice is to go for transparency,

work with well-defined systems and business procedures, which allow for better evaluation of the

performance of the units and individuals.


3. Effects of Transaction Valuation

3.1.     Ex-Ante Effects on Revenues

         Medalla, de Dios and Aldaba (1993) analyzed the effect on revenues of shifting to

transaction values as represented by the invoice values. The authors did the study in the early

1990s, before the WTO's customs valuation agreement was adopted. The prominent change in

customs administration then was the expansion of the pre-shipment inspection contract to cover

all of Philippine imports. Because the country implemented the transaction valuation only in

2000, their estimated impact on customs collection was for the hypothetical situation of the

Philippines adopting the transaction valuation scheme during that time.

         The authors estimated that customs revenues would have declined from 3.95 to 6.5

percent depending upon the trade elasticities used. In their methodology, the change in revenue

depended upon the change in import volumes, the HCV/IV ratios, and the trade elasticities. The

shift to transaction values was expected to reduce dutiable values and this had a negative effect on

revenues. But because values tended to fall, import volumes were expected to increase and the

extent of this growth depended on the trade elasticities. With zero elasticity, which applied to

import transactions in the first two months following the shift to transaction values, the revenue

loss was 6.5 percent. Importers during this time would have already decided on import volumes

and thus no changes were expected from the shift. Using low elasticity, and this applied to

import transactions three to four months following the shift, the revenue loss was lower, 6.2

percent. Finally, in the third case (high elasticity), which was applicable to import transactions in

the rest of the year, the authors put the revenue fall at 3.95 percent. The average annual loss was

4.7 percent.

         In the following, the impacts of transaction valuation reform are estimated using a panel

data of collection, import volumes, import values, and related variables for each of the 14

sections, in each of the top three collection districts of the Bureau from 1998 to 2001. A section

is a set of similar products, e.g. agriculture and food. There are fourteen such groupings followed

at the Bureau's Import Assessment Service.

3.2.    Import Values and Volume

a) Import Values

        The impact of the shift to transaction valuation on import values, volume and revenues is

estimated using ACOS data for the three major ports of the country, namely the Port of Manila

(POM), Manila International Container Port (MICP) and the Ninoy Aquino International Airport

(NAIA). All three account for nearly eighty percent of total collection of the Bureau. The MICP

has the largest collection of the three ports. In 2001, for example, the MICP collected a total of

33.16 billion pesos, followed closely by the Port of Manila, which earned 26.34 billion, while

NAIA was a distant third with a collection of about 14 billion pesos. In 2002, the MICP, POM,

and NAIA accounted for 35.5, 32.1, and 11.3 percent of total collection respectively (Table 2).

Interestingly, POM had the largest share, 38.8 percent, of total value of imports in that year;

however its collection was lower than that of the MICP, which had a share of 28.1 percent to

aggregate import values. The NAIA was third with a share of 20.8 percent of total import values.

        The data used in the estimation comprises the monthly import transactions from 1998 to

November 2001. The information in the import transactions data includes the assessment,

volume, values, and exchange rate, by port and collection sections from January 1998 to

November 2001. The specific monthly statistics are aggregated from the respective

corresponding information contained in the thousands of daily import entries that are stored in the

database of the Automated Customs Operations System (ACOS) of the Bureau.



            Table 2. Revenue Collection and Imports Processed by Port, 2002

                       (Values in million pesos and Shares in percent )
                                                   Collectiona             Imports

                   District/Port                Value      Share     Value       Share
         MICP                                 35,638       35.49  234,316        28.16
         POM                                  32,188       32.06  323,044        38.82
         NAIA                                 11,352       11.31  172,845        20.77
         Subic                                   2,786      2.77    10,206        1.23
         Batangas                             11,267       11.22    50,001        6.01
         Cebu                                    2,826      2.81    18,683        2.25
         Other Ports/Districts                   4,013      4.01    22,976        2.76
           TOTAL                             100,070         100  832,071         100
         a
         Includes deferred payment for revenue of previous years.

         Source : Statistical Analysis Division, Bureau of Customs for collection
         performance data; processed ACOS data for imports; as reported in
         Abrenica, J. and Tecson, G. (2004)


        The transaction valuation scheme was implemented in January 2000 by virtue of R.A.

8181. While this law authorized the adoption of transaction values on January 1, 2000, it

nonetheless allowed the continued use of published notional values, as discussed above. With the

termination of pre-shipment inspection in the first quarter of 2000, transaction values started to be

used. The shift to transaction valuation was boosted in May 2001, when R.A. 9135 was signed

into law discontinuing the use of published values in conformity with the Customs Valuation

Agreement of the WTO.

         Transaction values are generally expected to be lower than their corresponding published

home consumption values. The transaction valuation procedure uses the actual value paid or

payable for the imported article in calculating the import duties and taxes. These values reflect

all the necessary competitive cost of producing and making available to buyers of the imported

merchandise. They are what importers claim they actually paid for the imported merchandise. A

few cost items contributing to the transaction value such as selling commissions, royalties, and

assists may not be reflected in the invoice and are identified ordinarily in post-entry audits.

Although it is possible that the importer would want to disclose these items during the lodgment

of import entries, such behavior is unexpected. Thus, the declared values reflected in the import

entry document at the time it is lodged with customs authorities are likely the cost items reflected

on the invoice.

         On the other hand, the notional home consumption values are what customs officials

determine as the appropriate dutiable values. While these values were set using prices and market

information at exporting countries to the extent possible, these values were nonetheless

determined by officials, who had been tasked by law to raise revenues and had tended to take a

rather short term view that collection increases with dutiable values. Moreover, home

consumption values respond to the need of officials tasked to respond to the clamor of local

producers to protect domestic industries from unfair trade. The collection mandate and trade

protection produced home consumption values that were upgraded transaction values.

         Another consideration why transaction values are likely lower than the notional home

consumption values is that under the transaction valuation scheme, the importer is legally entitled

to use what it declares as its transaction value at the time the import entry is lodged to be the

dutiable value, unless the authorities can show otherwise. The perception is that because the

taxpayer has better information than agency officials and given that validating the declared value

is costly, importers may disclose lower than the transaction values, or exclude cost items that the

authorities are likely unable to identify.

         To explore whether import values declined after 2000, likely because of the transaction

valuation reform, a regression equation was estimated by collection section and by port. The

regression equation has as its dependent variable import unit values, and on the other side of it a

dummy variable and an intercept. Import unit values, in US currency, were computed by dividing

the values with the corresponding import volume and exchange rate. The purpose of running a

regression was to find out if there was a statistically significant change in import unit values

before and after 2000. The estimated intercept represents the average import unit value for all the

observations. The coefficient of the dummy variable, which takes the value 1, if the import

transaction occurred in 2000 and 2001, and zero otherwise, highlights the incremental



             Table 3. Changes of Import Unit Values By Section and Major
                     Port: Before and After 2000 (percentage change)

                         Sections                 POM         MICP       NAIA
            Agriculture and Food                   -14.32       -18.97     -22.87
            Textiles, Textile Articles             -33.81        0.00      -15.94
            Machinery, Electical                   -41.33        0.00       28.62
            Motor Vehicles                         -34.21        8.61    -15.99*
            Machinery Non-Electrical               -27.75       -13.98      6.02*
            Machinery Non-Electrical               -29.16       -32.86      0.31*
            Machinery Non-Electrical               -28.63       -10.23      12.13
            Iron and Steel Products                -29.73       -20.92      42.1*
            Hardware                               -17.20       -47.09      2.35*
            Fuel and Oil                           -36.99       -24.90     -30.01
            Plastic and Chemical Products           -6.89       10.55        4.4*
            Tobacco and fuel                       -29.13       -15.11     -4.75*
            Miscellaneous                           6.77*       -5.89*    11.64*
            Miscellaneous                          -35.35       -50.02      1.55*
          All sections                             -30.33       -18.16     -2.04*
          Source of Basic Data: Bureau of Customs
          * not statisticallysignificant


contribution to the common average for the observations occurring after December 1999. The

assumption underlying the exercise is that the market values of imported goods change randomly,

and in a large collection of imported articles these random changes of market values offset each

other. Consequently, a decline of import unit values, which this regression may document, may

possibly be attributed to transaction valuation reform.

         The results are shown in Table 3 below. Most of the coefficients are statistically

significant and their negative signs are as expected, particularly for the sections under the POM

and MICP. Import unit values declined after 2000 and this result may indicate the effect of the

shift to transaction values. Import values for the POM declined by nearly 30, MICP by 18

percent, while NAIA's sections registered the lowest decline, 2 percent. A few coefficients,

however, are positive and statistically significant, mostly corresponding to the import transactions

going through the NAIA. Others sections under NAIA have statistically insignificant

    coefficients. The observed rise or even the lack of any pattern of changes is not necessarily

    inconsistent with transaction valuation. Market values can change and businesses adjust their

    import demands accordingly. Why this happened mostly with the import transactions lodged

    with the NAIA collection district may, stem from the nature of the imported items going through

    airports. Because they tend to fetch high values, the basket of goods going through NAIA

    changes with market opportunities. Comparing the estimates for a given section across the three

    ports, there is no consistent pattern of the changes. The estimated changes for NAIA's sections

    tend to depart from the trend of declining values in the case of the other two ports. The respective

    sizes of the changes of unit values for a given section are not close to one another for a given

    section. For example, in the case of the two sections of textiles and textile products and electrical

    machinery, the estimates for MICP are close to zero, while those for NAIA and POM are not.

    This observation may be explained by the differences in the composition of imported articles

    going through each port, even though these belong to the same broad category of a section, which




               Table 4. Estimated Import Price Elasticities and Changes of Import Volumes
                              By Section and Major Port: Before and After 2000
                                          Import price elasticities              Percent Changes
Sections                             POM          MICP      NAIA        POM           MICP        NAIA
  Agriculture and Food                     -0.94      -1.48       -0.42         13.47      28.16        9.64
  Textiles, Textile Articles               -0.42      -1.22      -0.10*         14.32        0.00       1.66
  Machinery, Electical                     -0.26      -0.41        0.84         10.77        0.00      23.92
  Motor Vehicles                           -0.26      0.60*        0.34          8.92        5.14      -5.43
  Machinery Non-Electrical                -0.23*      -0.39       -0.31          6.41        5.39      -1.86
  Machinery Non-Electrical                -0.24*      -0.34       -0.33          7.04      11.21       -0.10
  Machinery Non-Electrical                 0.15*      0.32*       -0.96         -4.34       -3.24     -11.59
  Iron and Steel Products                  -1.37     -0.04*       -1.26         40.87        0.90     -53.06
  Hardware                                 -0.99      -1.10       -1.08         16.99      51.92       -2.54
  Fuel and Oil                             -0.97      -1.20       -0.57         35.71      29.98       16.98
  Plastic and Chemical Products            -0.82     -0.35*       -0.79          5.68       -3.64      -3.49
  Tobacco and fuel                         -0.77      -1.46       -0.79         22.31      22.03        3.73
  Miscellaneous                            -0.99      -1.41       -0.90         -6.71        8.31     -10.45
  Miscellaneous                            -0.98     -0.16*       -1.27         34.52        7.89      -1.96
All Sections                               -1.29      -0.96        0.27         39.19      17.50       -0.56
Source of Basic Data: Bureau of Customs, ACOS data
* not statisticallysignificant



    covers the same set of tariff lines.


    b) Import Volumes
              The effects on import volumes are computed using estimates of import price elasticities.

    A regression line involving the logarithm of import volumes, as the dependent variable, and the

logarithm of import unit values as the explanatory variable, was fitted to the data by sections and

by port. Most of the estimated price elasticities, shown in Table 4, are statistically significant

and negative. The POM has the most elastic import demand, although all of its sections have

inelastic demands except that for iron and steel. While MICP's sections have more cases of price

responsive demands, the overall elasticity for the MICP is nearly one. Apparently, the sections

on machinery, both electrical and non-electrical, and which have inelastic demands, bring down

the price responsiveness of import demands. The estimated elasticities for NAIA's sections on

electrical machinery and motor vehicles are positive. The overall import elasticity for the port is

also positive, despite the fact that its other sections have the appropriate negative signs. There are

two sections of MICP and one of POM, which also register positive import elasticities, but these

are statistically insignificant. In contrast, the positive elasticities for some sections belonging to

NAIA are statistically significant.

         The percentage changes of import volumes, in Table 4, indicate the possible effects on

trade of the use of transaction values. These changes were computed by taking the products of

the price elasticities and the percentage changes of import unit values reported in Table 3.

Because these had the most elastic import demand, POM's sections registered as having the

largest positive response to the decline of import values. Import volumes expanded by nearly 40

percent. This expansion is mostly accounted by iron and steel products, although the other

sections of POM experienced increases in quantities as well. Hardware products increased the

most for the MICP, which registered an overall growth of import volumes of 17.5 percent. There

was hardly an expansion of imports of textile and textile products and electrical machineries, the

import entries of which were processed at the MICP. NAIA registered decline of volumes by half

of a percent.


3.3.     Ex-post Effects on Collection

         Philippine Customs Commissioner Antonio Bernardo announced during the celebration

of the 102nd anniversary of the agency in early February 2004 that the collection in 2003 reached

104 billion pesos, the highest ever for the agency. Not only did the BOC exceed its assigned

target revenue by about six percent, its cash collection also surpassed 100 billion pesos for the

first time. The last record collection occurred in 1996 when the Philippines hosted the APEC

summit and before the Asian financial crisis (see Figure 1). The agency's cash collection

however for that year only reached 99 billion pesos.

                               Figure 1. Philippine BOC Collection: 1990 -2003
                                              (in billion pesos)


 110

                                                                                              104.25
 100                                                    98.95
                                                                                          96.25
                                              94.18                             94.0492.48
  90                                                          89.33


  80                                                                       80.87
                               78.41 78.69
                                                                    75.85

  70
                       66.64
                64.39
  60


  50
        45.95

  40
     1990   1991     1992  1993    1994   1995    1996     1997  1998   1999  2000 2001 2002 2003

     Source of Data: Bureau of Customs


          It is generally expected that transaction valuation will reduce the tax income of the

Bureau. As earlier noted, Medalla, de Dios, and Aldaba (1993) gave an ex-ante estimate of this

effect in the range of 4 to 6.5 percent depending upon the elasticities used in the computation.

Using the data on collection in the three major ports of the country for the period before and after

the implementation of the reform, the ex-post effect on revenues is computed. The estimates

obtained from the exercise dampens the concern that transaction valuation reform would reduce

collection is not as serious as expected, and may indicate that the revenue gains of the Bureau of

Customs may partly be attributed to the reform in customs valuation.

                            Table 5. Estimated Effects on Collections,
                               By Section and Major Port: (in percent)
               Section                              POM        MICP        NAIA
                  Agriculture and Food                    -0.84       9.19     -13.23
                  Textiles, Textile Articles             -19.49       0.00     -14.28
                  Machinery, Electrical                  -30.55       0.00      52.54
                  Motor Vehicles                         -25.29      13.75     -21.42
                  Machinery Non-Electrical               -21.34      -8.59       4.16
                  Machinery Non-Electrical               -22.11    -21.65        0.21
                  Machinery Non-Electrical               -32.97    -13.47        0.54
                  Iron and Steel Products                 11.14    -20.03      -10.96
                  Hardware                                -0.21       4.83      -0.19
                  Fuel and Oil                            -1.28       5.08     -13.03
                  Plastic and Chemical Products           -1.22       6.91       0.91
                  Tobacco and Fuel                        -6.82       6.92      -1.02
                  Miscellaneous                            0.06       2.42       1.19
                  Miscellaneous                           -0.82    -42.12       -0.41
               All Sections                                8.86      -0.66      -2.60
               Source: Tables 3 and 4.


        The estimation involves calculating the percentage change in customs collection by

section and by port. The percentage change in collection is simply the sum of the respective

percentage changes of unit values and volumes, except for the adjustments that need to be made

as the computations involve discreet rather than small changes of the variables. Customs duties,

excise and value added taxes are regarded as remaining unchanged between 2000 and 2001, when

the transaction valuation rule was implemented. There had been no adjustments of excise and

value added taxes in these years. As for import duties, their applied rates have been sliding

because of the government's unilateral tariff reform program towards a uniform five percent tariff

structure except for a few sensitive products, mostly in agriculture. However, President Arroyo

had ordered a review of the government's tariff reform program in 2001, in response to the

pressure to roll back the tariff reform program coming from the respective producers of

petrochemical and plastic products, sugar and other agricultural products, cement, and steel

because of the popularly perceived adverse effects on the economy of globalization. The policy

statement put in limbo tariff policy of the country. Accordingly, customs duties were not

incorporated in estimating the effects on collection of transaction valuation reform.

        The result of the computations is shown in Table 5. Almost all the sections belonging to

the POM registered losing revenues apparently because of transaction valuation reform, except

particularly the section for iron and steel products, the revenue gain of which carried the result for

the entire POM. This section accounts for the largest share in collection for the Port of Manila.

While Section 1 comprising agriculture and food imports is the second revenue earner, their loss

in revenues, -.84 percent, is small. An equal second to agriculture and food in terms of its share

in collection, section 5 comprising imports of non-electrical machinery registers a loss of -21.34

percent. However, the percentage increase in import demand is relatively low compared to iron

and steel (see Table 4). Thus, it is the iron and steel section which carried the overall effect on

tax collection for the POM, and that is collection increased by nearly nine percent.

        The MICP and NAIA, in contrast, suffered revenue losses by two-thirds of a percent and

2.6 percent, respectively. As for MICP, almost all of its sections, except agriculture and food, are

even in terms of their share in total collection of this port. The first section, which accounted for

seventeen percent of collection, experienced a revenue gain, 9.19 percent. This increase however

was weakened by revenue losses in imports of non-electrical machineries, iron and steel products

and miscellaneous merchandise. The performance of the respective sections of NAIA port is

likewise mixed. The net impact taking the collection gained or lost of all the sections in each port

into consideration indicates a loss of revenues, albeit by a proportion lower than the proportionate



                Table 6. Effect of Transaction Valuation Reform on Revenues, By
                                     Major Ports (in billion pesos)
                                                                               All Three
                                          POM          MICP       NAIA         Ports
              Revenues
                  1998                         27.60        29.24        8.54       65.37
                  1999                         31.88        32.63        7.51       72.02
                  2000                         30.70        36.06        3.19       69.94
                  2001*                        26.34        33.16       13.99       73.49
              Revenues Gained/Lost
                  2000                           2.50        -0.24       -0.09       2.17
                  2001                           2.14        -0.22       -0.37       1.55
              Source: Bureau of Customs, ACOS data for revenues; see Table 6.
              * Until November 2001 only


gain of the POM.

        What is the overall effect of these changes on the total collection of the three ports? On

one hand, MICP has the largest collection of the three but based on Table 6 lost revenues. The

POM, which came after MICP in collection, on the other hand gained revenues and its gain more

than offset MICP's loss. The NAIA is third and like MICP experienced a decline in collection.

In Table 6, actual collections are shown and the levels of revenues gained or lost are computed to

obtain the overall effect of transaction valuation on tax collection for the three ports. The

respective revenue gained or lost of the port in a given year is the product of the proportionate

change of the port's collections, as reported in Table 5, and the its revenue in that year, divided

by the factor one plus the proportionate change. The POM gained in 2000 and 2001 2.5 and 2.1

billion pesos or 4.6 billion for the two years. Both the MICP and NAIA lost for the two years

close to a billion pesos. The net impact is a gain of about 3.7 billion or 2.6 percent of the two-

year collection.

         The estimation result provides a different perspective on the relationship of customs

revenues and transaction valuation reform. When the reform was introduced, the concern was

that the use of transaction values would aggravate the fiscal deficit situation of the country.

Customs collection account for twenty percent of the tax income of the government. Given this

importance, the use of published values continued to attract advocates within the government

even as it would only have distorted the implementation of the reform. Had the government not

heeded the call to amend R.A. 8181 with R.A. 9135, the Philippines would have continued the

use of published home consumption values believing that it protects, if not increases, customs tax

collection, unknowing that published HCVs moderate any increase in customs collection or

reduce it by impeding the flow of trade.

         Glenday (2002) observed the same positive response of revenues to trade liberalization in

Kenya. Kenya implemented a phased trade liberalization program between 1987 and 1994. The

average import duty rate was halved, but revenues about doubled. The author used detailed

customs data from 1989 to 1999 to analyze the factors that contributed to the change in customs

revenue yield including trade volumes, import duty exemption, policy and administration and the

number of items classified as duty free, average import duty rates, ) special duty rate regimes for

oil and major agricultural products and shifts in the composition of imports and exemptions

between different import duty rate groups as the relative gross-of-duty prices of imports changed.

The changes in revenue yield are predicted from base periods in terms of changes in trade,

exemptions, and import duty rates. The residual unexplained increases in revenue yield are

correlated with changes in trade and administrative policy, including the introduction of pre-

shipment and secondary destination inspection programs and other customs control programs.

The analysis showed that improved administration and compliance raised import duties from at

least one-third to over two-thirds higher than could be explained by changes in trade, exemptions

and import duty rates.

   Table 7. Effect of Customs Valuation: Analysis of Customs Duty Collection Normalized for
       Changes in Imports relative to GDP, Average Tariff Rates and Duty Exempt Imports
Year       Custom      Imports      Simple      Dutiable   Imports over Projected        Actual
           duty over over GDP average           imports    GDP times      customs        customs
           GDP (in     (in %)       tariff rate over total ATR times      duties over    duty over
           %)          (B)          (ATR) (in imports      dutiable       GDP based      projected
           (A)                      %)          (in %)     import share on a pre-        duty (in %)
                                    (C )        (D)        (E) =          reform (1993- (G) = (A)/(F)
                                                           (B)*(C)*(D)    1999)
                                                                          structure (in
                                                                          %) (Fa)
  1993          2.8        32.5        23.5        61.0             0.05             3.3          85.27
  1994          2.9        33.6        19.7        60.8             0.04             2.8        102.24
  1995          2.9        35.7        15.9        61.4             0.03             2.5        118.06
  1996          2.7        38.6        15.6        60.8             0.04             2.6        104.63
  1997          1.9        44.4        13.4        57.7             0.03             2.4          78.53
  1998          1.6        45.3        10.7        40.6             0.02             1.4        115.36
  1999          1.4        40.7        10.0        43.1             0.02             1.2        113.24
  2000          1.5        42.2         8.1        43.0             0.01             1.0        144.79
  2001          1.1        42.1         7.7        48.0             0.02             1.1        100.30
  2002          0.9        38.5         6.6        45.6             0.01             0.8        110.20

aF = Base A * Et/ Base E; Base A = 1993 to 1999 average of A; Base E = 1993 to 1999 average of E; t is
year.
Source of Athrough D: Abrenica, J. and Tecson, G. (2004)


         Abrenica and Tecson (2004) analyzed the effect on customs revenues of automation

 using Glenday's methodology. The annual customs data used in the analysis was from 1993 to

 2002. The methodology requires comparing the ratio of actual customs duties to gross domestic

 product with the corresponding ratio involving a counterfactual customs collection estimated

 using pre-reform information. The estimate is the product of the annual average tariff rate and

 dutiable import value. If the actual and counterfactual ratios were identical, then it was inferred

 that automation had no effect at all on revenues. Otherwise, the finding that might be derived

 from the analysis was either that the reform had enabled customs authorities to outstrip or fall

 behind their pre-automation collection performance. Their investigation indicated that only in

 2000 that actual collection as a proportion of GDP surpassed the corresponding counterfactual

 collection ratio. Given their results, they concluded that the expectation on automation enhancing

 the revenue generation capacity of customs has not materialized.

         The same technique is applied to analyze the effect of transaction valuation reform on

 revenues. The analysis is conducted in order to validate the finding obtained using estimated

 import elasticities. The results of the econometric analysis, shown from Tables 3 through 6

 indicate that the use of transaction values in determining the dutiable value of imports in the

 aggregate increased rather than decreased revenues. The methodology is slightly modified by

using the pre-reform averages of both actual and counterfactual customs duty yields as the

benchmark. The data is the same as that used by Abrenica and Tecson (2004), which was from

1993 to 2002. The results of this analysis are shown in Table 7, and they would seem to support

that in the post-reform years of 2000 through 2002, collection performance of the Bureau at least

was at par with its own standard before 2000. In years 2000 and 2002, actual collections

exceeded the corresponding projected pre-reform levels by 45 and 10 percent respectively.


3.4.     Trade Facilitation Effects

         Transaction valuation reform is regarded as a trade facilitation reform. By harmonizing

valuation procedures across the world, the WTO, which spearheads the reform globally, sought to

reduce uncertainty and prevent the erosion of market access through customs valuation

procedures. In this section, the effect of the reform on importers' transaction cost as measured by

the time it takes to process imports through the Bureau of Customs and on the cost of customs

administration procedures is evaluated.

         Wilson et al. (2003) examined the benefits of trade facilitation efforts, looking into the

relationship between trade facilitation, trade flows and gross domestic product (GDP) per capita

in the Asia Pacific region for the goods sector. More specifically, the authors used several

indictors of trade facilitation such as member-specific trade facilitation indicators for port

efficiency, customs environment, regulatory environment and e-commerce use by business. The

authors employed a gravity model of bilateral trade flows in order to model cross-border trade

and to estimate the effect of trade facilitation on trade. In general, results show that the collection

of simulations yields an increase in intra-APEC trade worth about US$250 billion for APEC as a

whole and this is an increase of about 21 percent in total intra-APEC manufacture trade.

Moreover, the improvement in port efficiency can bring about US$ 117 billion of the total gain

and 10 percent of the increase in trade. Specifically, about US$ 139 billion of the total gain can be

attributed from the improvements "at the border" in port efficiency and customs environment

while another US$ 116 can be derived from improvements "inside the border" in regulatory

harmonization and e-business usage.

         On the other hand, UNCTAD (2001 in Wilson et al. 2003) employed a CGE analysis to

investigate trade facilitation in the wider context of creating an environment favorable to

developing e-commerce usage and applications. The CGE analysis, which considered the

relationship between a given size shock to productivity growth, applied equally to all members of

the group, on GDP of regional groups of countries, shows that a 1 percent decrease in the cost of

maritime and air transport services could result to some US$3.3 billion increase in Asian GDP.

However, factoring in trade facilitation to include an improvement in the wholesale and retail

trade services, an additional US$3.6 billion could be acquired by a 1 percent improvement in the

productivity of that sector.

        Meanwhile, APEC (1999 in Wilson et al. 2003) also utilized a CGE analysis and found

out that the shock reduction in trade costs from trade facilitation efforts differs by countries: "1

percent of import prices...for the industrial countries and the newly industrializing countries of

Korea, Chinese Taipei and Singapore, and 2 percent for the other developing countries". Further,

the study estimated that the trade facilitation effort to reduce costs would boost APEC

merchandise exports by 3.3 percent compared to the 7.9 percent long-run increase in merchandise

trade from completing Uruguay round commitments.

        To measure the impact on trade of greater standards harmonization for e-business and

automating customs procedures between Japan and Singapore, the study of Hertel et al. (2001 in

Wilson et. al 2003) shows that reforms will enhance not only the trade flows between these

countries but also their trade flows with the rest of the world.


a) Effect on Import Processing Time
        A recent study was conducted for the Bureau of Customs with assistance from the Japan

International Cooperation Agency (JICA) to measure the average time taken from arrival to

release of cargo and identifying constraints affecting the implementation of these procedures

(UPECON, 2003). The time required on the part of importers to their imported shipment cleared

by the Bureau of Customs covers the duration from the time the vessel or aircraft carrying the

import cargo arrives to the time it is leaves the customs zone. The framework of the study is

pattered after the time measurement on the release of goods issued by the World Customs

Organization in 2000. The sample comprised 16,770 randomly selected import entries in 3 ports,

POM, MICP and NAIA, which were assessed and released from March 1 to 29, 2002,

representing 4 percent of the total entries in 2002. Because the data obtained in this study reflects

the post-transaction valuation reform, it is useful in estimating the effect of the reform on import

processing time. Needed to complete the estimation is an estimate of the import processing time

before the reform.

        The pre-transaction valuation procedures involved pre-shipment inspection by a firm

under contract to provide PSI services to the Bureau. The SGS, the PSI firm, issued the Clean

Report Finding (CRF), which stated the appropriate tariff classification, the quantity, the

applicable duties and taxes, and the dutiable value. Medalla, de Dios, and Aldaba (1993)

described the procedure involved in conducting pre-shipment inspection. A flowchart of the

procedure (see Figure 2) is drawn based on the authors' discussion in order to highlight the

complexity and the length of time it took to complete the procedure. The process started with the

importer or its broker opening a Letter of Credit (LC) with one of the authorized agent banks of

the Bureau at least ten (10) days before the scheduled date of shipment. The LC required the

following conditions:

    ·   The merchandise is subject to pre-shipment inspection;

    ·   The importer shall inform the seller of the pre-shipment requirement, who in turn shall

        facilitate the inspection.

    ·   The authorized agent bank shall pay the seller only when the latter submits a final

        settlement invoice with the confirmation of the pre-shipment inspection firm and the

        number and date of the Clean Report of Findings of the PSI firm of the inspection it

        conducted.

        The importer or its representative then completed an Import Entry Declaration and paid

the advance customs duties and taxes and was issued a customs official receipt by its bank. The

bank provided a copy of the declaration, the customs official receipt, the LC, and the pro-forma

sales invoice to the Manila Liaison Office (MLO) of SGS. The MLO registered the LC and IED

and issued an Import Advice Note (IAN) with an assigned number to the importer and the SGS

office at the exporting country, which would conduct the inspection.

        The SGS inspection office advised the seller, who should have been informed by the

importer of the pre-shipment requirement, that it was to conduct the inspection. The seller in turn

informed the inspection office at least seven days before the inspection is conducted when and

where to inspect the goods.

        The physical inspection would then be conducted, and would focus on the tariff

classification, tariff rate, invoice value, and other components of the cost charged by the supplier.

The inspection officer determined whether the costs were consistent with the prevailing export

market price of the merchandise in the country of origin. The end result of the inspection was a

dutiable value that was acceptable to the importer. If the dutiable value determined by the SGS

was not acceptable to the importer, then the importer would have to adjust the LC until it

accepted the dutiable value cleared by the inspection office, a process that may take up a fair

amount of time.

        The Clean Report of Findings (CRF) was a key document in the import assessment and

cargo clearance system of the Bureau. The seller's final sales invoice for the merchandise that

was to be shipped to the Philippines contained the number and date of the CRF and an adhesive

security label affixed by the SGS inspection office. The seller or its bank sent this invoice the

importer or its bank along with other relevant documents. The SGS inspection office separately

sent the CRF to its Manila Liaison Office electronically, which then provided a hard copy of

these documents to the importer and to the Collector at the port where the shipment was expected

to arrive.

         These documents were to be sent on the day the CRF was issued, but this did not occur as

designed. According to Medalla, de Dios, and Aldaba (1993), the lapse time from inspection to

the arrival of the CRF in the Philippines ranged from one to five days. On average, it took three

days to release the CRF after inspection, and less than a day to transmit this to Manila from the

exporting country. The CRFs from Hong Kong and Taiwan arrived after the vessel's arrival,

while other countries arrived before the ship docked at one of the international ports in the

country. Following the account of Medalla et al., SGS attributed these delays to the exporters,

which did not submit to the SGS inspection office the needed export documents at the expected

time.

         With the CRF, the importer then prepared its Import Entry Declaration, this time using

the information contained in the CRF. It indicated in this document the additional duties and

taxes that it had to pay, having already paid in advance customs duties and taxes when it opened

the LC. The IED was then lodged with the Bureau together with the CRF, and the processing of

the IED followed the prevailing import assessment and cargo clearance procedures as described

in Figure 2.

         A significant amount of time was required to get imported cargoes processed by the

Bureau of Customs. Table 8 shows the average time that lapsed from the arrival of goods to their

release, tracing the effect on the time interval of transaction valuation reform. The post-reform

information of the Table is taken from UPECON's benchmark time measurement study. The

lapse time applies to all formal import entry shipments arriving at the Port of Manila, Manila

International Container Port, and the Ninoy Aquino International Port. The import entries

reviewed by the authors of the study were for year 2002. As for pre-transaction valuation reform,

the interval of time is basically the same except for the duration between the arrival of the vessel

and the lodgment. Under the pre-reform rules, lodgment could not take place until the CRF was

available. Medalla et al. (1993) estimated that the delay from the time the vessel docked or the

aircraft landed to when the import entry declaration is lodged ranged from a minimum of one day

to a maximum of five days. Since the authors did not provide information about the frequency

distribution of the delay, the information is provided as a range of estimates in the Table.

       Figure 2. Flowchart From Pre-Shipment Inspection Until Lodgment of Import Entries


          START



 IMPRT/BRKR                        IMPRT/BRKR

     Opens an L/C                      Amends the L/C
     with an AA bank
     with conditions

                                           Yes
 IMPRT/BRKR
    w/ L/C, fills up IED
                                                            No
    & pays advance                      Discrepancies:                              A
    duties to bank                      LC vs. goods?



 PSI MLO                           PSI /OCE                  SELLER at CE                 PSI/OCE
                                                                                             Sends electronically
    Picks up from AAB                  Inspects the goods      Sends final invoice
                                                                                             CRF to PSI/MLO
    copy of L/C, IED                   to be sold to the       with PSI provided
                                       importer                CRF info to bank

 PSI/MLO                           SELLER at CE              AA Bank                      PSI/MLO
    Sends IAN and                      Tells PSI/OCE of         Informs importer of          Distributes CRF
    documents to PSI                   inspection date 7        document arrival             copies to importer
    OCE for inspection                 days ahead                                            and Port Collector


 PSI/OCE                                                     IMPRT/BRKER
    Advises seller of                                           Fills up and lodges
    inspection                                                  IED with CRF from                   END
    requirement                                                 PSI/MLO


  Symbols Used                                                    Symbols Used
  ·CRF ­              Clean Report of Findings                    ·AAB ­           Authorized Agent Bank
  · PSI ­             Pre-shipment inspection                     · IMPRT/BRKER ­ Importer or Broker
  · PSI/MLO ­         Manila Liaison Office of the                · IAN ­          Import Advice Notice
                      PSI firm                                    · L/C ­          Letter of Credit
  · PSI/OCE ­         Office at Exporting Country                 · IED ­          Import Entry Declaration
                      of PSI firm                                 ·SELLER/CE ­     Seller at Exporting Country

  Source: Author based on Medalla,, De Dios, and Aldaba , (1993) pp. 130-131
                                                                   -


          The total lapse time from the arrival to release of goods ranged from 6.43 to 11.43 days

before the transaction valuation reform and when Bureau required pre-shipment inspection. The

interval dropped to 5.43 days when the customs valuation reform was implemented. The time

saved ranged from 1 to 5 days, representing the delay in the arrival of the CRF from the time the

goods had arrived in the country.


b) Administrative Cost Savings

          The Bureau of Customs terminated its pre-shipment inspection contract with SGS in

March 2000. While there may have been other reasons for not renewing the contract, the decision

was nonetheless consistent with the shift to transaction valuation in 2000. Even under R.A. 8181,

the use of pre-shipment inspection, which was dedicated to setting the dutiable value of imported

merchandise, was inconsistent with R.A. 8181 and R.A. 9135. If the decision had not been made,

the Bureau of Customs was on shaky legal ground under a transaction valuation law. It is for this

reason that one may view the decision to cancel the pre-shipment inspection as an integral

component of the transaction valuation reform, and for which savings in administrative cost are



             Table 8. Time Interval From Arrival of Goods to Release: Post and Pre
              Transaction Valuation Reform, Formal Entries, All Ports (no. of days)

                                                       Post-
                                                   Transaction
                                                     Valuation      Pre-Transaction
                                                      Reform1     Valuation Reform1,   2

                                                                 Minimum       Maximum
         Arrival of Goods to Lodgment                      3.31        4.31           9.31
         Lodgment to Assessment                            1.01        1.01           1.01
         Assessment to Cargo Clearance                     0.23        0.23           0.23
         Cargo Clearance to Payment of                     0.50        0.50           0.50
         Payment of Arrastre Fees to Release               0.37        0.37           0.37
         Arrival of Goods to Release of Goods              5.43        6.43         11.43
            Pre- vs. Post Reform (time saved)                          1.00           5.00
         1Source: Upecon (2003), Table A.1
         2Source: Medalla, de Dios, and Aldaba (1993)


substantial.

        Table 9 shows the administrative cost of processing trade declarations since 1996 to

2002. The Bureau of Customs had saved the average of about US$ 68 per trade declaration. The

savings came mainly from terminating pre-shipment inspection. Pre-shipment inspection focused

on valuation issues, although used by many developing countries, is inconsistent with the

provisions in the transaction valuation agreement. Thus the substantial savings in administrative

cost can be attributed to the transaction valuation reform.


4. Concluding Remarks

        There could not have been a more appropriate sequel to the relatively successful

automation of customs procedures in the Philippines than in modernizing the way customs

authorities determine the dutiable value of the imports. Since the 1950s, many countries assessed

customs duties on the basis of the Brussels Definition of Value or a variant thereof. The BVD

method determined a normal price of the imported merchandise, defined to be "the price that a

good would fetch in an open market between a buyer and seller independent of each other",

according to which the applicable duties and taxes were assessed. This is a set of notional prices,

which customs authorities maintain, update and usually publish. Traders particularly disliked the

method because customs authorities do not adjust these notional prices at the rate actual market

prices change. The method is not dynamic as to consider changes in the relative competitiveness

of firms and the prices of new and unusual products. The Philippine customs valuation is a series

of variants of the BDV and the dutiable values are known under various labels such as home



            Table 9. Adminstrative Cost: Pre vs Post Transaction Valuation Reform

                            1996        1997        1998       1999       2000       2001      2002

Administrative Cost,
(M US$)
  BOC's budgeta             32.62      28.91       27.05      28.14      23.92       20.5      23.47

  Pre-shipment
  Inspection costb          81.55     72.275      67.625      70.35           0          0        0
  Total                    114.17    101.185      94.675      98.49      23.92       20.5      23.47


Trade declarations ('000)
  Importsa                  0.771      0.792       0.751      0.917      1.013      1.007      0.972
  Exportsa                  0.407      0.426       0.416      0.563      0.674      0.568      0.642

  Total (mln)               1.178      1.218       1.167      1.480      1.688      1.575      1.614


Cost per declaration
(US $)                      96.90      83.05       81.13      66.56      14.17      13.02      14.54
Pre- vs. Post-transaction value reform
(average cost in US $)                                        81.91                            13.91
Savings per declaration (US $)                                                                 68.00
aBureau of Customs as reported in Abrenica and Tecson (2004)
bEstimated at 2.5 times BOC's budget. The cost of pre-shipment inspection was two to three times
that of BOC (see Medalla, de Dios, and Aldaba (1993).


consumption value, fair market value, published values, and so on.

         There could not have been a more appropriate sequel to the relatively successful

automation of customs procedures in the Philippines than in adopting the transaction values as the

basis for import assessments. Since the 1950s and until 1999, the Philippines assessed customs

duties using a set of notional import values ­ variants of the Brussels Definition of Value ­,

which customs authorities had maintained, updated and published. The delays of these updates,

the limited coverage of the list of these values, the lack of consistency of the goods in the

published list and those that are actually traded in the market, and the limited and low quality

information on the part of the business sector about this list are among the ingredients for the

continued regime of virtually multiple valuation rules and arbitrary exercise of discretion.

Importers had to make deals with customs authorities to reduce uncertainty or secure the most

profitable terms for their imports. This regime coupled with a relatively protective trade policy

sowed and nurtured the integrity problems in customs administration in the Philippines.

         Previous reforms had failed not only in reducing the uncertainties of businesses in the

Philippines but also in putting an end to the technical smuggling and corruption at the border.

The various modifications of the rules in determining the dutiable value, the involvement of

diplomatic officers in validating invoice values, and even the use of a third party through pre-

shipment inspection had fizzled out in the face of an insurmountable task of the authorities to

acquire real time information about the dynamic world market that they can use to enforce

customs laws, regulations, duties and taxes. Despite its worldwide network, pre-shipment

inspection appeared to be overly costly with unverified benefits to the Philippine government. In

the end, the opportunism of individuals seeking to take advantage of a governance structure at the

border that is weakened with lack of real time information, and the increasing vulnerability of

public servants to exploit their respective positions of authority for private gain appeared to

prevail.

         The transaction valuation reform, adopted by the Philippine government in 2000, legally

entitles the various importers to use the price they actually paid or will pay for the goods they

imported to the country in determining the duties and taxes due to the government. This

procedure helps to make businesses more predictable, erase the setting by which customs

authorities exercise undue discretion and to accelerate the customs clearance of imported cargoes

reducing transaction cost. Legally enabled in the country by R.A. 9135 and its corresponding

regulations, this WTO agreement on the use of transaction values allows the use of various

methods of arriving at the dutiable value in recognition of the complexity of the state of doing

business in today's world, but prescribes when each method ought to be used in order to

minimize discretion, improve transparency and define accountability.

         R.A. 9135, which enabled the use of transaction values, ushered a paradigm shift in

customs administration in the country from supervision that was primarily focused at the border

to back-end controls through post-entry audits. Customs supervision before this law entailed

substantial transactions costs on the part of importers. Goods are held at the border until customs

officials would have determined that the relevant laws and regulations had been complied with.

Automation helped reduce these costs by streamlining procedures. However, the underlying

philosophy of customs management then comprised the use of official minimum values. The

gains for trade facilitation of automation were constrained by valuation related differences

between importers and customs authorities. Post entry audits complement transaction valuation

reform and automation in reducing transaction cost.

         The use of transaction values compelled Philippine customs authorities to terminate pre-

shipment inspection, which they had used for valuation related tasks. Because importers have

generally regarded pre-shipment inspection as having provided them the safeguard, they clamored

for safeguards against the arbitrariness, unreasonable use of discretion, harassment and other

transaction costs inherent in a customs administration lacking in transparency and accountability.

In addressing their concern, the Bureau offered its clients the Super Green Lane facility. This

account-based approach to customs administration, by making good use of existing information

about the Bureau's clients, segments customs clients on the basis of their propensities to comply.

Low-risk importers are accredited to avail of the SGL facility where the highest degree of trade

facilitation that the Bureau can offer is provided. The SGL facility of the Bureau joins similar

"authorized traders" facility in other customs territories.

         With these reforms in place, the customs revenues appeared to increase and not decrease

as previously anticipated. Ex-ante studies on the relationship of transaction values and revenues

observed that customs revenues would decline from 3.95 to 6.5 percent. With customs collection

accounting for twenty percent of the tax income of the government, the customs authorities

likewise were so concerned about under-valuation and what this would do to their collection

performance, that they in an earlier attempt to legally enable transaction values R.A. 8181

inadvertently pushed for a hodgepodge of notional and transaction valuation regimes. Using the

data on collection in the three major ports of the country (Port of Manila, Manila International

Container Port, and Ninoy Aquino International Port) for the period before and after the

implementation of the reform (1998 through 2001), the ex-post effect of transaction valuation on

revenues indicate revenue gains of about 3.7 billion pesos or 2.6 percent of the 2000 to 2001

collection of the three ports.   The result suggest that the use of home consumption values

ostensibly to preserve, if not increase, tax incomes, ironically appeared to moderate any increase

in tax collection at the border, if not reduce it, by impeding the flow of trade. This finding is

validated using another technique to analyze the effect of transaction valuation reform on

revenues. The results of the validation would seem to support the claim that in the post-reform

years of 2000 through 2002, collection performance of the Bureau at least was at par with its own

standard before 2000. In years 2000 and 2002, actual collections exceeded the corresponding

projected pre-reform levels by 45 and 10 percent respectively.

         Transaction valuation reform is among the prominent measures that effectively facilitate

commerce. Under the auspices of the WTO, the reform is an important step forward on the road

to higher predictability and accountability of procedures worldwide for determining the dutiable

value. Because almost all trading countries of the world implement the WTO customs valuation

rules, importers and exporters are in a better position to know in advance the amount of duties

payable and thus this will likely reduce for the number of disputes and resulting delays.

         The contribution to trade facilitation of the reform was estimated. The total clearance

time of imported cargoes ranges from 6.43 to 11.43 days before the transaction valuation reform

and when Bureau required pre-shipment inspection. The time interval dropped to 5.43 days when

the customs valuation reform was implemented, indicating a savings of from 1 to 5 days. These

improvements enabled the Bureau of Customs to save the average of about US$ 68 per trade

declaration. The savings comes mainly from terminating pre-shipment inspection. The work can

be done under this reform without paying for the services of a pre-shipment inspection firm.

         Private sector stakeholders' participation in these reforms emphasizes the importance

these firms attach to customs reform. Business firms regard customs inefficiencies as imposing a

significant "tax on business", hindering the flow of foreign direct investments in a developing

country. In a survey of businesses in the APEC region, about half of respondents viewed the

complexity of customs regulations, lack of information on customs laws and regulations, and

appeals mechanisms problems as serious to very serious issues. Foreign direct investments would

tend to flow towards countries with more sophisticated and transparent customs administration.

In an increasingly global trading regime, investors see customs modernization as a national

competitive advantage. By reducing clearance time as well as improving predictability and

transparency, transaction valuation and related customs reforms become a major determinant of

the ability of the Philippines to maintain a reliable and competitive flow of materials and exports

to nearby regional markets or worldwide and thus attract more foreign direct investments.

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