In a decisive move to restore integrity and public trust, Commissioner Ariel F. Nepomuceno of the Bureau of Customs (BOC) issued a landmark memorandum strictly prohibiting all officials, employees, and personnel from holding any business or financial interest in Customs Brokerage operations. This comprehensive reform directly responds to President Ferdinand R. Marcos Jr.’s call for good governance and is a critical part of the agency’s intensified efforts to eliminate conflicts of interest and reinforce transparency within its ranks.
Described as one of the most stringent anti-conflict of interest measures ever imposed in the BOC, the directive underscores the agency’s commitment to ethical service and legal compliance. It reinforces existing legal frameworks, including Section 13, Article VI of the 1987 Philippine Constitution and Section 3(i) of Republic Act No. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees, which prohibit government officers from involvement in private business that compromises impartial public duty.
While Section 12, Rule XVIII of the Revised Civil Service Rules generally prohibits full-time government employees from engaging in private business without written authority, the new BOC policy extends this significantly. It imposes a categorical ban on any direct or indirect involvement in Customs Brokerage businesses. This includes roles such as owner, incorporator, stockholder, partner, consultant, advisor, or any other capacity that could raise ethical concerns.
Adding another layer of accountability, all BOC personnel are now required to submit a verified affidavit to the Office of the Commissioner within ten days of the memorandum’s issuance. This affidavit must disclose any familial relationship, by blood or marriage within the fourth civil degree, with individuals involved in Customs Brokerage businesses, regardless of their role. The disclosure must also include the name, address, and contact information of the brokerage and other relevant details.
Notably, this disclosure obligation remains mandatory even if the individual’s involvement or affiliation ceased within the last five years. This covers Customs Brokerages that have stopped operations, those where shares were divested or transferred, or where an individual was previously listed as an incorporator despite no longer holding an interest.
Commissioner Nepomuceno emphasized that this reform aligns strictly with Customs Memorandum Orders 25-2010 and 23-2008 and is anchored on Section 9 of the BOC Integrity Action Plan. This section specifically prohibits Customs officials from engaging in business transactions with brokers, importers, or exporters under compromising circumstances, and forbids them from holding interests or positions in any private enterprise regulated or supervised by the BOC.
The memorandum clearly states that failure to comply with this policy will result in sanctions in accordance with applicable laws.
“This is more than policy. It is a public declaration that the Bureau of Customs will no longer tolerate practices that breed corruption, favoritism, or undue influence,” stated Commissioner Nepomuceno. “We are placing public interest above personal gain.”
The Bureau of Customs urges all its personnel to faithfully and urgently comply with this directive, upholding the values of honesty, impartiality, and professionalism in service to the Filipino people.
