NEPOMUCENO TO SUBORDINATES: ‘DISCLOSE LINK TO BROKERAGE FIRMS’

IN A directive that triggered shockwaves at the waterfront, Bureau of Customs (BOC) Commissioner Ariel Nepomuceno directed all customs officials and employees to put a stop to the practice of their being engaged in the customs brokerage business, directly or indirectly, and to disclose the extent of their connection, if any, with any customs brokerage company thru a sworn affidavit submitted to his office by July 20.

This sweeping reform responds to President Ferdinand R. Marcos Jr.’s call for good governance, and is part of the agency’s intensified efforts to eliminate conflicts of interest and reinforce transparency within its ranks under the new customs chief.

The directive, described as one of the “most stringent” anti-conflict of interest measures ever imposed by a customs commissioner, underscores the agency’s commitment to ethical service and legal compliance.

The directive is legally anchored on Section 13, Article VI of the 1987 Philippine Constitution and Section 3(i) of Republic Act No. 6713 or the ‘Code of Conduct and Ethical Standards for Public Officials and Employees,’ which stated no government officer or employee shall be involved in private business or enterprise where such involvement compromises the impartiality of public duty.

Also under Section 12, Rule XVIII of the Revised Civil Service Rules, the policy reiterates that officers whose duties require full-time government service are absolutely prohibited from engaging in private business without written authority.

Under Comm. Nepomuceno, the BOC now extends this further with a categorical ban on any involvement, direct or indirect, in Customs Brokerage businesses. This includes roles as owner, incorporator, stockholder, partner, consultant, advisor, or in any other capacity that may raise ethical concerns.

All BOC personnel are also directed to submit a verified affidavit to the Office of the Customs Commissioner (OCCOM) by July 20 or 10 days rom the issuance of the memorandum last July 10.

The affidavit must disclose any familial relationship, by consanguinity or affinity within the fourth civil degree, with individuals who are involved in Customs Brokerage businesses, regardless of their role or status in said entities.

The affidavit must also identify the name, address, and contact information of the brokerage concerned, along with other relevant details.

BOC spokesperson and Assistant Commissioner Atty. Vincent Maronilla elaborated to Pinoy Exposé that those found violating the directive faces not only administrative sanction but also, graft cases before the Office of the Ombudsman.

The disclosure obligation remains mandatory even in instances where the individual’s involvement or affiliation has ceased within the last five years.

This includes customs brokerages that have stopped operations, those where shares were already divested or transferred, or where the individual was previously listed as an incorporator despite no longer holding interest.

Commissioner Nepomuceno further noted the directive is actually nothing new as it is in compliance with Customs Memorandum Orders (CMOs) 25-2010 and 23-2008 and is anchored on Section 9 of the BOC Integrity Action Plan.

The said section prohibits Customs officials from engaging in business transactions with brokers, importers, or exporters under circumstances that could compromise their duties, and forbids them from holding interests or positions in any private enterprise regulated or supervised by the BOC.

Commissioner Nepomuceno said the issuance is a “defining step” in the agency’s journey toward institutional integrity.

“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. We are placing public interest above personal gain.”