THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHlLlPPlNFS 
\ I 
_ _  
First Regular Session 
S E N A T E  
S. 5. No. 20 
5 JllM ""2 All :38 
Introduced by Senators Pimentel, Lacson and Magsaysay, Jr 
EXPLANATORY NOTE 
International trade and commerce are vital to the economic development of any 
country specially with the current trend towards globalization. Every country has to keep 
its pace with rapid modern trading and commercial trends. The flow of goods into and 
outside the country are governed partly by customs laws and regulations. In 2004, 
Congress enacted into law Republic Act 9280 which regulated the practice of the 
Customs Broker Profession. 
The present definition of customs brokerage as contained in Section 6 Republic 
Act No. 9280, otherwise known as the Customs Broker Act of 2004, not only expands 
the field of customs brokering contrary to the traditional role of customs brokers, but it 
also encroaches upon other professions, most especially the practice of law when it 
includes "Consultation" and "representing importers and exporters before any 
government agency and private entities in cases related to valuation and classification of 
imported articles and rendering of other professional services in matter relating to 
customs and tariff laws, its procedures and practices". The present state of the law, if 
not corrected, will actually serve to be in restraint of trade and violative of 
the 
constitution. 
The Export Development Act and previous procedures and practices allow 
exporters to process theirs exports shipments with minimal need for customs brokers. 
For imports, it is to the interest of government to require the owner of the goods to sign 
the import entry to establish responsibility andlor liability of the importer for the goods. 
Thus, it is more reasonable and time-saving if importers (or duly authorized 
representative) sign the import entry and exporters (or duly authorized representatives) 
sign the export declaration, which were the practices prior to RA 9280. 
These are the reasons why, since its enactment in 2004, numerous stakeholders 
in the importation and exportation sectors have raised apprehensions in that RA 9280 
tends to impede, rather than facilitate, the smooth and rapid flow of commerce into the 
country, Particular among their numerous concerns is the prohibition against corporate 
practice of the activities of customs brokerage, and the ban against the unauthorized 
practice of activities related to the facilitation and release of goods even by their owners, 
which results in slowing down the process of commerce. 
This bill therefore seeks to address the apprehensions by eliminating barriers 
which impede rapid commercial facility of goods into and outside the country by allowing 
exceptions to the regulations laid down in RA 9280. 
In - 
view of the foregoigg, paswge of this measure is earnestly sought 
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THIRTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
) 
OF THE PHILIPPINES 
S E N A T E  
S. B. No. 
Introduced by Senators Pimentel, Lacson and Magsaysay Jr. 
AN ACT 
AMENDING SEC. 6,27,28 AND 29 OF REPUBLIC ACT NO. 9280 OTHERWISE 
KNOWN AS THE CUSTOMS BROKERS ACT OF 2004, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 6 of Republic Act No. 9280 is hereby amended to read as 
follows: 
"Sec. 6. Scope of the Practice of Customs Brokers - Customs 
Brokers Profession involves services consisting of [consultation] 
preparation of customs requisite documents for imports and exports, 
declaration of customs duties and taxes, preparation, signing, filing, 
lodging and processing of import and export entries: [representing 
importers and exporters before any government agency and private 
entities in cases representing importers related to valuation and 
classification of imported articles] rendering of other professional 
services in matters relating to customs and tariff laws, its procedures and 
practices. HOWEVER, THESE FUNCTIONS MAY ALSO BE CARRIED 
OUT BY EXPORTERS AND IMPORTERS OR BY THEIR DULY 
AUTHORIZED 
REPRESENTATIVES 
TO 
FACILITATE 
THEIR 
TRANSACTIONS." 
Section 2. Section 27 of Republic Act 9280 is hereby amended to read as 
follows: 
"Sec. 27. Acts Constituting the practice of customs broker 
profession - Any single act or transaction embraced within the provision 
of Section 6 hereof shall constitute an act of engaging in the practice of 
customs broker profession. Import and export entry declarations shall be 
signed only by a customs broker under oath based on the covering 
documents submitted by the importers, PROVIDED HOWEVER, THAT 
IN CASE OF ISOLATED TRANSACTIONS, OWNERS OF IMPORTED 
OR EXPORTED GOODS MAY ENGAGE IN THE PREPARATION OF 
CUSTOMS REQUISITE DOCUMENTS FOR IMPORTS AND EXPORTS, 
DECLARATION OF CUSTOMS DUTIES AND TAXES, PREPARATION, 
SIGNING, FILING, LODGING AND PROCESSING OF IMPORT AND 
EXPORT ENTRIES, FOR THE PURPOSE OF FACILITATING THE 
RELEASE OF THE SAME GOODS FROM THE BUREAU OF 
CUSTOMS. 
Section 3. Section 28 of Republic Act 9280 is hereby amended to read as 
follows: 
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"Sec. 28. Prohibition against the unauthorized practice of 
Customs Broker Profession. - No person shall practice or offer to practice 
the customs broker profession in the Philippines or offer himseif/herself 
as customs broker, or use the title, word, letter, figure or any sign tending 
to convey the impression that one is a customs broker or advertise or 
indicate in any manner whatsoever that one is qualified to practice the 
profession unless helshe has satisfactorily passed the licensure 
examination given by the Board, except as otherwise provided in 
SECTION 27 OF this act, and is a holder of a valid certificate of 
registration 
and 
professional identification card 
or 
a valid 
specialltemporary permit duly issued to himlher by the Board and the 
Commission". 
Section 4. Section 29 of Republic Act 9280 is hereby amended to read as 
follows: 
"Set, 2% Prohibition against corporate practice. the practice of customs 
broker is a professional service, admission to which shall be determined upon 
the basis of individual and personal qualifications. No firm, company or 
association may be registered or licensed as such for the practice of customs 
broker profession. 
NOTHING IN THIS ACT SHALL PROHIBIT A CORPORATION FROM 
PURPOSES OF ACCREDlTATiON BY THE BUREAU OF CUSTOMS AND 
FACiLlTATiON OF THE ACTIVITIES MENTIONED IN SEC. 6." 
Section 5. 
EMPLOYING THE SERVICES OF AN IN-HOUSE CUSTOMS BROKER FOR 
This Act shall take effect after fifteen (15) days following its 
publication in a newspaper of general circulation. 
Approved 
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