First discussion Flashcards
Shall refer to the act of bringing in of
goods from a foreign territory into
Philippine territory, whether for
consumption, warehousing, or
admission.
Importations
Shall refer to the act, documentation
and process of bringing goods out of
Philippine territory.
Exportations
When Importation begins
when the carrying vessel/aircraft enters the Philippine territory with the
intention to unload therein.
Importation is deemed terminated when:
(a) The duties, taxes and other charges due upon the goods have been paid or secured to be
paid at the port of entry and the legal permit for withdrawal has been granted; or
(b) In case the goods are deemed free of duties, taxes and other charges, the goods have
legally left the jurisdiction of the Bureau
general rule
all kinds of merchandise imports are allowed.
importation of certain commodities are
regulated or prohibited for reasons of:
public health and safety,
national security, international commitments, and development/
rationalization of local industry
These are commodities the importation of which
is neither regulated nor prohibited as defined under (2) and (3) hereunder. The
importation may be effected without the prior approval of or clearance from any
government agency.
Free Importable Commodities
. These are commodities, the importation of which
requires clearances/permits from appropriate government agencies including the
BSP
Regulated Commodities
These are commodities, the importation of which is not
allowed under existing laws.
Prohibited Commodities
Written or printed goods in any form containing any matter advocating or inciting treason,
rebellion,
insurrection, sedition against the government of the Philippines, or forcible resistance to any law of
the
Philippines, or written or printed goods containing any threat to take the life of, or inflict bodily harm
upon any
person in the Philippines;
Prohibited
Goods, instruments, drugs and substances designed, intended or adapted for producing unlawful
abortion, or any printed matter which advertises, describes or gives direct or indirect information
where, how or by whom unlawful abortion is committed;
Prohibited
Written or printed goods, negatives or cinematographic film, photographs, engravings, lithographs,
objects,
paintings, drawings or other representation of an obscene or immoral character;
Prohibited
Any goods manufactured in whole or in part of gold, silver or other precious metals or alloys and
the stamp, brand or mark does not indicate the actual fineness of quality of the metals or alloys;
Prohibited
Any adulterated or misbranded food or goods for human consumption or any adulterated or
misbranded drug in violation of relevant laws and regulations;
Prohibited
Infringing goods as defined under the intellectual property code and related laws;
Prohibited
All other goods or parts thereof, which importation and exportation are explicitly prohibited by law
or rules
and regulations issued by the competent authority.
Prohibited
[Sec. ___] Prohibited Importation and Exportation
Sec. 118
Dynamite, gunpowder, ammunitions and other explosives, firearms and weapons of war, or
parts thereof;
Restricted
Roulette wheels, gambling outfits, loaded dice, marked cards, machines, apparatus or
mechanical devices used in gambling or the distribution of money, Cigars, Cigarettes or other
goods when such distribution is dependent on chance, including jackpot and pinball machines or
similar contrivances, or parts thereof;
Restricted
Lottery and sweepstakes tickets, except advertisements thereof and lists of drawings therein
Restricted
Marijuana, opium, poppies, coca leaves, heroin or other narcotics or synthetic drugs which
are or may hereafter be declared habit forming by the President of the Philippines, or any
compound, manufactured salt, derivative, or preparation thereof, except when imported by the
government of the Philippines or any person duly authorized by the Dangerous Drugs Board,
for medicinal purposes;
Restricted
Opium pipes or parts thereof, of whatever material; and
Restricted
Any other goods which importation and exportation are restricted
Restricted
The restriction to import or export the above stated goods does not include the restriction on their
transshipment.
False- shall include
[Sec. ___] Restricted Importation and Exportation
Sec. 119
party that offers a
good, service, or
asset in return for
payment.
Seller
Deliver the goods/ documents
Seller
are responsible
for purchasing goods for a
company to use or sell in
their own business. One
who pays the money
Buyer
Pay the money
Buyer
gives the seller assurance that he will receive the payment
Letter of Credit
a binding document that a buyer can request from his bank in
order to guarantee that the payment for goods will be transferred to the seller.
Letter of Credit
In order for the payment to occur, the seller has to __________________ confirming the delivery of goods within a given
time frame.
the seller has to present the bank with the
necessary shipping documents
All L/Cs must be opened:
on or before the date of shipment
How many LC should be opened for each import transaction?
Only 1 LC
For purposes of opening an L/C, importers shall:
submit to the AAB the documents listed in
Appendix 5.
Amendments of L/Cs need to be referred to the BSP for prior approval.
False- need not
UCP 600 means:
Uniform Customs and Practices on Documentary Credits
L/Cs shall be negotiated in accordance with the terms and conditions set forth in:
in the L/C and UCP 600
are rules that apply to any documentary credit (“credit”) (including, to the extent to which
they may be applicable, any standby letter of credit) when the text of the credit expressly indicates
that it is subject to these rules. They are binding on all parties thereto unless expressly modified or
excluded by.
The Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication no. 600
(“UCP”)
the official publication
which is issued by the International Chamber of Commerce (ICC).
The UCP 600 (“Uniform Customs & Practice for Documentary Credits”)
UCP600 is a set of __ articles on issuing
and using Letters of Credit, which applies to ___ countries around the world, constituting some ____ of trade per year
39 articles; 175 countries; $1tn USD
Letter of Credit Process
- Sale Agreement (buyer and seller)
- Buyer applies for L/C (to issuing bank)
- (Issuing bank) Issues L/C to applying bank
- (Nominated bank) Advices L/C to seller
5.1. (Seller) Deliver the goods to the buyer
5.2. (Seller) presents required documents to advising/nominated bank - Nominated bank presents documents to issuing bank
- If documents comply (nominated bank), issuing banks makes agreement to pay.
an arrangement under documentary collection
in which an exporter instructs the presenting bank to hand over shipping and title
documents to the importer only if the importer fully pays the accompanying bill of
exchange or draft.
Documents Against Payment (D/P)
_____ shall advise the importer of the receipt of the
complete original shipping documents and effect the release of said documents to
the importer upon receipt of payment.
AAb’s
remit payment to the supplier through the correspondent bank abroad
AAb’s
is an arrangement under documentary
collection in which an exporter instructs the presenting bank to hand over shipping
and title documents to the importer only if the importer accepts and signs the
accompanying bill of exchange or draft.
Documents Against Acceptance (D/A)
Under a D/A arrangement, the ______ shipping documents are released to the
importer by the ____ concerned at the instance of the seller’s bank upon the
importer’s acceptance of the seller’s _______ obligating the importer to pay
for the shipment at some future date.
Original; AAB; bill of exchange
a short-term negotiable instrument, is a signed, unconditional, written order binding one party to pay a fixed
sum of money to another party on demand or at a predetermined date
Bill of exchange
No payment from buyer = no issuance of documents from the seller
D/P
No acceptance and signed bill of exchange from the buyer = no issuance of documents from the seller
D/A