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AIRCARGO FORWARDERS OF THE PHILS., INC (AFPI ... - FAPAA

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<strong>AIRCARGO</strong> <strong>FORWARDERS</strong> <strong>OF</strong> <strong>THE</strong> <strong>PHILS</strong>., <strong>INC</strong><br />

(<strong>AFPI</strong>)<br />

Philippines<br />

Country Report<br />

FOR <strong>THE</strong><br />

34 th EXECUTIVE COUNCIL MEETING<br />

<strong>OF</strong><br />

<strong>THE</strong> FEDERATION <strong>OF</strong> ASIA PACIFIC AIR CARGO<br />

ASSOCIATION<br />

(<strong>FAPAA</strong>)<br />

IN<br />

HONG KONG<br />

30 August – 1 September 2007


<strong>AFPI</strong> Address<br />

Aircargo Forwarders of the Philippines, Inc.<br />

Room 225 Skyfreight Building<br />

NAIA Avenue, Parañaque City<br />

Philippines<br />

Tel : 632 – 853-0549 or 852-7180<br />

Fax : 632- 853-1745<br />

E-mail :<br />

<strong>AFPI</strong> Secretariat<br />

support@afpi.org.ph<br />

Training & Development Center training@afpi.org.ph<br />

Secretary General<br />

secretary_general@afpi.org.ph<br />

Contact Person:<br />

Marivic C. Domondon<br />

Secretary General


PHILIPPINE Country Report<br />

Page 3 of 12<br />

=======================================================================<br />

<strong>AFPI</strong> – The Only National Air Cargo Association<br />

The <strong>AFPI</strong> was organized in 1980. The only organization that the Civil<br />

Aeronautics Board (CAB) has endorsed to the air freight forwarders.<br />

<strong>AFPI</strong> – Membership<br />

At the time of formation, <strong>AFPI</strong> had 11 pioneer members. Today, <strong>AFPI</strong> has grown<br />

to 145 members.<br />

IATA MEMBERS<br />

IATA - 80 Non IATA - 65<br />

<strong>AFPI</strong> – Board of Directors and Officers<br />

The governing body of this association consists of eleven (11) elected Directors,<br />

and from among them, they elect the Executive Officers which are the President,<br />

1 st Vice President, 2 nd Vice President, Secretary, Treasurer, Press Relation<br />

Officer, Sergeant-at-Arms and four (4) other Directors. Election is held once<br />

every two years.<br />

The immediate past President is automatically designated as Chairman of the<br />

Board, and he lends experience, expertise and assistance to the Board and the<br />

Officers of the Association.<br />

The immediate past Chairman of the Board is automatically designated as<br />

Chairman Emeritus, and like the Chairman of the Board, lends his experience,<br />

expertise and assistance to the Board and the Officers of the Association.<br />

<strong>AFPI</strong> – Committees<br />

Internal Affairs<br />

Membership<br />

Finance<br />

Constitution & By-laws<br />

Ethics and Standards


PHILIPPINES Country Report<br />

Page 4 of 12<br />

=======================================================================<br />

Training<br />

Legal Director<br />

External Affairs<br />

Government Affairs and Airlines Affairs<br />

Communications<br />

Ways & Means<br />

Secretary General<br />

Council of Past President<br />

<strong>AFPI</strong> – 2006 – 2008 Elected Officers & Directors<br />

Chairman Emeritus Mr. Eduardo representing Skyfreight Forwarders<br />

De Guzman<br />

Chairman Ms. Cynthia R. Tsui representing Asia Overseas<br />

Transport Co., Inc.<br />

President Mr. Jaime A. Roxas representing Jugro Transport<br />

International Phils.,<br />

Inc.<br />

1 st Vice President Mr. Roy A. Raralio representing ABX Pan Globe<br />

Logistics, Inc.<br />

2 nd Vice President Ms. Rosemary N. Su representing UTI (Global<br />

Logistics) Inc.<br />

Treasurer<br />

Mr. Gregg S. Sebastian representing Hankyu Int’l<br />

Transport Phils., Inc.<br />

Secretary Ms. Antoinette Reyes representing Eagle Express lines<br />

Inc.<br />

P.R.O. Ms. Mariz Regis representing Airspeed Int’l Corp.<br />

Sergeant-at-Arms Mr. Dominador De representing Sky land Brokerage<br />

Guzman<br />

Inc.


PHILIPPINES Country Report<br />

Page 5 of 12<br />

======================================================================<br />

Directors Ms. Ramon De Leon representing Pac-Atlantic Lines<br />

(Phils.), Inc.<br />

Mr. Dexter Yu representing All Transport<br />

Network<br />

Mr. Joey Tongson representing Agility Int’l Logistics<br />

Inc.<br />

Mr. Leo Tagle representing Yusen Air & Sea<br />

Service Phils., Inc.<br />

Legal Director Atty. Romeo Sto Tomas<br />

<strong>AFPI</strong> OBJECTIVES:<br />

<strong>AFPI</strong> MISSION:<br />

• To encourage cooperation, strengthen<br />

camaraderie among its members.<br />

• To provide activities that will boost Global<br />

competitiveness.<br />

• To promote Professional Development.<br />

• To advocate and up hold Corporate<br />

Governance and business ethics.<br />

• To address promptly the issues and concerns<br />

of the industry.<br />

To provide the Aircargo Logistics Industry with Leadership and<br />

Direction in enhancing its competency and Global competitiveness.<br />

<strong>AFPI</strong> VISION:<br />

To be the most Professional, Progressive, Purpose Driven Logistics<br />

Association in Asia.


PHILIPPINES Country Report<br />

Page 6 of 12<br />

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Network<br />

In pursuance of its commitment to perform a strategic role in the airfreight<br />

industry, <strong>AFPI</strong> is working towards having a stronger voice in the nation’s<br />

economic affairs. It is determined to achieve this through the expansion of its<br />

organization’s membership list to include the airfreight forwarders in the major<br />

cities of the country. One of its successful endeavors in this direction is the<br />

organization of <strong>AFPI</strong> Cebu Chapter.<br />

<strong>AFPI</strong> Projects / Activities<br />

In its 27 th<br />

industry:<br />

years of existence, <strong>AFPI</strong> has effected positive changes in the airfreight<br />

Helps promote and facilitate regional and international trade<br />

Provides a chain of logistics support to its members like warehousing, customs<br />

clearance, door-to-door delivery, chartering, statistics forecast and market<br />

research, distribution, consolidation, conferences and exhibitions, information<br />

technology and affiliation with international bodies and organizations involved in<br />

air transportation.<br />

Maintains a Training and Development Center, organized to provide the<br />

personnel of all member companies of <strong>AFPI</strong> with training and development<br />

programs / services<br />

<strong>AFPI</strong> – Membership in International Organizations<br />

Federation of Asia Pacific Aircargo Association (<strong>FAPAA</strong>)<br />

The International Federation of Freight Forwarders Association (FIATA)<br />

Asean Federation of Forwarders Association (AFFA)


PHILIPPINES Country Report<br />

Page 7 of 12<br />

========================================================================<br />

Membership and Alliances – National Associations<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Port Users Confederation (PUC)<br />

Philippine International Seafreight Forwarders Association, Inc. (PISFA)<br />

Federation of Accredited Customs Brokers and Forwarders of the Phils.,<br />

Inc. (FACFOB)<br />

Chamber of Customs Brokers, Inc. (CCBI)<br />

Philippine Domestic Freight Forwarders Association (Phidoffa)<br />

Ecozone Federation of Forwarders/Brokers and Truckers, Phils. (EFFORT<br />

Phils.)<br />

Federation of Forwarders’ Associations in the Phils., Inc. (FEDFAP)<br />

Representing the Airfreight Industry with various Government<br />

Agencies<br />

<br />

<br />

<br />

<br />

<br />

Department of Transportation and Communications<br />

Civil Aeronautics Administration<br />

Metro Manila Development Authority<br />

Philippine Economic Zone Authority<br />

Bureau of Customs<br />

<strong>AFPI</strong> TRAINING & DEVELOPMENT CENTER<br />

(Please see separate attached report)


PHILIPPINES Country Report<br />

Page 8 of 12<br />

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RECENT ISSUES TACKLED:<br />

MIAA ACCREDITATION:<br />

There were several meetings held last year with regards to the clarification on<br />

who may be granted accreditation and thus allowed access to the premises of the<br />

airport. Finally the Manila International Airport Authority issued a Memorandum<br />

Circular No. 06 dated April 10, 2007.<br />

This Memorandum defines the policy and prescribes the guidelines for the<br />

accreditation of individual customs brokers, customs brokerage companies /<br />

corporations and cargo/freight forwarders at the Airport. It shall apply to licensed<br />

and duly registered Professional Customs Brokers, Customs Brokerage companies<br />

engaged in business activities at the Airport Complex.<br />

This Memorandum Circular shall take effect fifteen days after its publication in a<br />

newspaper for general circulation. Memorandum signed by General Manager<br />

Alfonso G. Cusi.<br />

NAIA CUSTOMS BONDED WAREHOUSE OPERATORS<br />

COUNCIL (NCBWOC) EXPORT CHARGE <strong>OF</strong> PHP<br />

0.68/KG.:<br />

There was a petition from NCBWOC to initially impose export warehousing<br />

charges of Php 0.68/kg. Several meetings were held on the petition wherein<br />

government bodies and private stakeholders such as the Semiconductors and<br />

Electronic Industries in the Philippines Inc. (SEIPI), the Export Development<br />

Council, and investors in the Philippine Export Processing Zones participated.<br />

Subsequently and with the active participation of then-President Cynthia R. Tsui,<br />

the NCBWOC agreed not to implement the export warehousing and other related<br />

fees, and instead file a petition with the Bureau of Customs to increase the Import<br />

Service Charges.


PHILIPPINES Country Report<br />

Page 9 of 12<br />

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CASS NEUTRAL AIRWAY BILL (NAWB):<br />

Last March 2006, there was a notice from IATA Philippines requesting all IATA<br />

CASS agents to use the CASS Neutral Airway Bill (NAWB) for all transactions<br />

under CASS with a cost of Php 12.50 per Neutral Airway bill.<br />

Opposing the Notice as imposing additional financial burden to the airfreight<br />

forwarders, the Aircargo Forwarders of the Philippines Inc. (<strong>AFPI</strong>) filed a petition<br />

with the Civil Aeronautics Board (CAB), requiring airlines to provide FREE<br />

NAWB’s to Freight Forwarders with an application for temporary restraining<br />

order and preliminary injunction compelling airlines not to implement their<br />

requirement that only NAWB are acceptable. The Association felt that to make<br />

the cargo agents responsible for the cost of Air Waybill forms and the printing of<br />

said documents and other ancillary charges is not fair and proper because said<br />

document are the airlines’ form and not the document of the cargo agents.<br />

Currently the case is still pending with the CAB since the <strong>AFPI</strong> is still waiting for<br />

the formal reply from IATA CASS Phils. and the Board of Airline<br />

Representatives.<br />

KYOTO CONVENTION:<br />

With the participation of <strong>AFPI</strong> in the Briefing-Workshop sponsored by the<br />

Bureau of Customs, the Bureau of Customs was able to finalize the<br />

steps to be undertaken in the implementation in the country of the Revised Kyoto<br />

Convention, as well as the corrective measures to be made to existing procedures<br />

to make them compliant with the provisions of the RKC. The steps, measures, as<br />

well as the implementation of the RKC were then submitted to President Gloria<br />

Macapagal Arroyo for finalization and implementation.<br />

Upon adoption of state formalities acceding to the Revised Kyoto Convention, the<br />

Philippines will form part of the global regime standardizing Customs formalities<br />

and processes in tune with the current demands of international trade.


PHILIPPINES Country Report<br />

Page 10 of 12<br />

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CONTAINER SECURITY FEES:<br />

By virtue of Executive Order no. 592 dated December 15, 2006, the Bureau of<br />

Customs imposed upon import shipments the payment of Container Security Fee<br />

(CSF) amounting to US$ 50.00 and US$ 25.00<br />

for every 40-footer and 20-footer container, respectively. Upon strong and united<br />

opposition by the Port Users Confederation, of which <strong>AFPI</strong>, PISFA and other<br />

associations are members, the Bureau of Customs acceded to the demands of the<br />

stakeholders and reduced the CSF to US$ 10.00 and US$ 5.00 per 40’ and 20’<br />

respectively.<br />

The CSF is the amount charged for every container of goods being imported to<br />

recover the fees to purchase, operate and maintain the x-ray machines installed at<br />

the Manila ports to scan shipments before release from the BOC.<br />

INTERCOMMERCE NETWORK SERVICES, <strong>INC</strong>.:<br />

The Bureau of Customs has issued an Administrative Order requiring the<br />

electronic submission of advanced manifests prior to the arrival of shipment, In<br />

line with the requirement, InterCommerce Network Services Inc., an eCommerce<br />

Service company providing EDI, value added network services, application<br />

development and systems integration solutions and services, proposed with the<br />

<strong>AFPI</strong> to serve as its partner in the implementation of the BOC-required advanced<br />

manifest when airfreight shipments are made to submit the said manifests. Under<br />

the proposed arrangement, all airfreight forwarders needing to connect with the<br />

BOC through InterCommerce, a Value Added Service Provider (VASP) which is<br />

presently the only accredited VASP by the BOC, will first have to be endorsed by<br />

<strong>AFPI</strong>, which in turn will serve as the payment center for the service charges in the<br />

manifest submission.<br />

Without <strong>AFPI</strong>’s endorsement, InterCommerce will not accept the lodging of<br />

advanced manifest by an airfreight forwarder. For <strong>AFPI</strong>’s endorsement and<br />

collection efforts, the Association will earn a share of the service fees.


PHILIPPINES Country Report<br />

Page 11 of 12<br />

============================================================<br />

InterCommerce has also indicated to look into other collaborative arrangements<br />

with <strong>AFPI</strong> or its members in identifying and developing value added services for<br />

members or for its client shippers or consignees, such as advance manifest copy to<br />

consignee, on-demand retrieval of manifest data per consignee, automated<br />

validation of consignee’s import declaration against AWB/manifest reference<br />

number, electronic billing and payment for shipping and other charges.<br />

REPUBLIC ACT 9280 (The Customs Broker Act of 2004):<br />

This law was passed in February of 2004, to professionalize Customs Brokerage,<br />

but some provisions were inserted by unknown persons before signing into law by<br />

the President of the Philippines. The inserted provisions contained, among others,<br />

one which prohibited customs brokerage corporations from engaging in the<br />

business of customs clearance, which has long been allowed as explicitly<br />

contained in the Tariff and Customs Code of the Philippines.<br />

Upon knowing that such provisions were included in the signed law, the Port<br />

Users Confederation, which counts on <strong>AFPI</strong> as an active member, left no stone<br />

unturned to prevent the implementation of the questioned provisions, among<br />

which is to thwart the efforts of the individual customs brokers to prevent the<br />

customs brokerage companies from being recognized by the Bureau of Customs<br />

and transacting business with it. The success of the efforts resulted in the BOC<br />

issuing a Customs Administrative Order explicitly allowing customs brokerage<br />

companies to register with the BOC and to be allowed to transact business with<br />

the Bureau.<br />

The law was almost amended last June but for the failure by the House of<br />

Representatives to muster a quorum in their last three (3) session days after the<br />

amendments were passed in the Bicameral Hearing of the joint Senate and House<br />

panels.<br />

The effort to amend the law will be continued this August as the new Congress<br />

and Senate continue their legislative work. Presently, two (2) House and one (1)<br />

Senate Bills have been introduced.


PHILIPPINES Country Report<br />

Page 12 of 12<br />

============================================================<br />

REVENUE MEMORANDUM CIRCULAR (RMC) NO. 35-<br />

2006 O<strong>THE</strong>RWISE KNOWN AS RMC FOR FREIGHT<br />

<strong>FORWARDERS</strong>:<br />

The approval of the Bureau of Internal Revenue of Revenue Memorandum<br />

Circular (RMC) No. 35-2006 otherwise known as the RMC for Freight<br />

Forwarders last June 25, 2006 by then BIR Commissioner Jose Mario Buñag,<br />

Freight Forwarders are allowed to declare a presumptive 5% commission for<br />

VAT & EWT purposes. This protects the Freight Forwarder in declaring its actual<br />

income earned per shipment which will give way to forum shopping on the part of<br />

the client if the ACTUAL income will be shown on its billings. The Freight<br />

Forwarders are just required to submit a reconciliation report to the Bureau of<br />

Internal Revenue declaring its actual income earned and will only be liable for<br />

taxes due thereon. Documentation requirements were also clarified on the said<br />

RMC for the protection of the Freight Forwarders and the clients.<br />

This RMC greatly helped the Freight Forwarding Industry in the Philippines as<br />

the cost of exporting/importing goods in the Philippines is now competitive in the<br />

world market. With this new ruling, the Freight Forwarders and the<br />

Shippers/Consignees are now properly guided thereby avoiding multiple taxation,<br />

tax exposure & harassment and created an open business atmosphere that<br />

encourages correct tax reporting & efficient tax collection.

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