Payumo on Subic smuggling - My Viewpoint

That recent seizure by the Presidential Anti-Smuggling Task Force Aduana of seven container vans containing allegedly smuggled goods has taken a new twist. The shipments had been released from the Subic Bay Freeport which Task Force Aduana chief, Lt. Gen. Jose Calimlim, characterizes as being a current hotbed of smuggling activities.

But a news release from the Subic Bay Metropolitan Authority media relations office cites an official report from Subic Port Acting District Collector, Arefiles H. Carreon, stating that six of the container vans contained goods for which documents were in order and taxes and duties fully paid. The seventh van containing data communication cables was not brought in illegally but was really intended for export out of the Subic Freeport. This seventh van, SBMA also reports, was in fact subsequently released from Camp Aguinaldo by the Task Force.

The SBMA release quotes Deputy Administrator for Ports Victor Mamon as complaining that, "The TF Aduana should have sought information from the bureau first as the evaluation of taxes is under its jurisdiction." Which, of course, raises the question of why the Task Force didn't seek that information before it seized the vans. Was it because Gen. Calimlim's men were already convinced the payments were too low, incorrectly computed, or subject of some "private negotiations"?

Collector Carreon reported to Customs Commissioner Renato Ampil that the following payments were made for duties and taxes, inclusive of additional assessments: P173,923.00 for two 40-foot vans containing electronic goods; P46,239.00 for three 40-footers containing polyester yarn; and P36,576.00 for one van containing assorted footwear. The SBMA report does not specify the value of the goods in each of the vans. Although it puts the total value of the shipments at P80 million (the TF Aduana values it at P100 million), SBMA says the van with data communication cables "constituted the bulk of the estimated P80 million value of the seized items."

The breakdown would be helpful, if only to determine whether the total of P256,738.00 paid for six container vans was in accordance with customs laws and regulations.

At any rate, in reaction to our last column on alleged smuggling at Subic, SBMA chair Tong Payumo wrote us to assert, among other things that, "The Subic port has become the subject of reports on so-called smuggling activities and this could be happening precisely because Subic is a freeport. Like any other port, certain elements make use of any port for their smuggling activities. However, the SBMA under my administration has been coordinating with the various anti-smuggling agencies of government, which includes Task Force Aduana."

Payumo insists that the risk of apprehension of smuggled or misdeclared shipments at the Subic Freeport is "now very high." He states that since he assumed office, a total of 60 misdeclared luxury vehicles and 12 containers of fake cigarettes have been seized through the combined efforts of SBMA, the Bureau of Customs and the EIIB. There have also been recent apprehensions of misdeclared used motorcycles and undervalued imported tires. "To our knowledge," he stresses, "no such apprehension of such scale had been done in the previous administration." Meaning Dick Gordon's administration.

Payumo adds that physical smuggling (or so-called "swing operations", which try to bring out cargo shipments without proper documentation) is prevented at Subic. He reiterates his media relations office's explanation that in the case of those seven container vans seized by TF Aduana, there was proper documentation, all taxes and fees were paid, and the required gate passes were issued.

Tong also insists that the determination of duties and taxes is not "the domain" of SBMA, but is within the jurisdiction of the Bureau of Customs. "Whatever differences they have with Task Force Aduana on the amount of duties and taxes that should have been paid, I am sure they will be able to explain themselves on the matter."

Let's hope those explanations are forthcoming. More important, let's hope they, Customs and TF Aduana, get their act together. We're all for the war against smuggling, but innocent people shouldn't get caught in the middle of what could well be just another war for turf.

Ricardo V. Puno, Jr.'s e-mail address: [email protected]