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Republic Act No. 9280

The Customs Brokers Act of 2004

Section 1. Title​

This Act shall be known as the "Customs Brokers Act of 2004."

💡 Reviewer Highlight: Always start by remembering the official title – it will be a common ID-type question.

Section 2. Declaration of Policy​

It is the policy of the State to develop the professional competence of Customs Brokers… and ensure that only qualified, competent and reputable customs brokers are allowed to practice the profession.

📌 Key Terms:

  • Qualified – must meet the licensure requirements.
  • Competent – properly trained, knowledgeable in customs laws.
  • Reputable – ethical practice, no history of fraud or misconduct.

⚖️ Why It Matters: This section frames the purpose of regulation → to protect trade integrity and revenue collection.

Section 3. Objectives​

This Act shall:

  1. Ensure an adequate supply of customs brokers;
  2. Promote the professionalization of the practice;
  3. Foster integrity and accountability in customs transactions.

✅ Reviewer Tip: Think “3 Ps” → Provision, Professionalization, Protection.
(Full mnemonic goes to Premium Tier 😏)

Section 4. Definition of Terms​

  • Customs Broker – any person who is a bona fide holder of a valid Certificate of Registration/Professional Identification Card.
  • Accreditation – the process of recognizing customs brokers to practice with the Bureau.
  • Customs and Tariff Laws – all laws administered by the Bureau of Customs and related agencies.

🔎 Quick Recall: Expect MCQs asking who qualifies as a customs broker or what accreditation means.

Section 5. Scope of Practice​

The practice of customs brokerage shall include:

  • Preparation of import/export documents;
  • Filing of goods declarations;
  • Representing clients before the Bureau of Customs and other agencies.

⚡ Exam Watcher: This is core exam material → remember filing of goods declarations is the bread-and-butter scope.

Section 6. Creation of the Professional Regulatory Board of Customs Brokers (PRBCB)​

The Board shall be created under the Professional Regulation Commission (PRC).

👩‍⚖️ Key Role: Regulates the practice, conducts licensure exams, enforces RA 9280.

Section 7. Powers, Functions and Duties of the Board​

The Board shall:

  1. Supervise and regulate the practice of customs brokers;
  2. Administer licensure examinations;
  3. Issue, suspend, or revoke certificates of registration;
  4. Prescribe a Code of Ethics and Code of Technical Standards;
  5. Monitor conditions affecting the practice of the profession; and
  6. Perform other functions as may be necessary to implement this Act.

Section 8. Qualifications of Board Members​

A member of the Board shall be:

  1. A natural-born citizen and resident of the Philippines;
  2. At least thirty-five (35) years old;
  3. A registered customs broker with at least ten (10) years of practice;
  4. Of good moral character and integrity;
  5. Not a member of the faculty of any school offering a customs administration program.

Section 9. Term of Office​

Each member of the Board shall hold office for three (3) years without reappointment. Appointments to fill up an unexpired term shall be only for the remainder of such term.

Section 10. Compensation and Allowances​

The Chairman and Members of the Board shall receive compensation and allowances comparable to those received by other regulatory boards under the Commission.

Section 11. Annual Report​

The Board shall submit to the Commission an annual report on its activities, programs, and projects.

Section 12. Requirement for the Practice of Customs Brokerage​

No person shall practice or offer to practice customs brokerage without a valid Certificate of Registration and Professional Identification Card issued by the Commission.

Section 13. Examination Requirement​

All applicants for registration for the practice of customs brokerage shall be required to pass a written technical examination given by the Board.

Section 14. Qualifications for Examinations​

To qualify, an applicant must:

  1. Be a citizen and resident of the Philippines;
  2. Be of good moral character;
  3. Hold a Bachelor’s Degree in Customs Administration conferred by a government-recognized institution;
  4. Not convicted of an offense involving moral turpitude.

Section 15. Scope of Examination​

The examination shall cover:

  • Customs and tariff laws, rules and regulations;
  • Customs procedures, practices and documentation;
  • Principles of international trade and transportation;
  • Other subjects as may be deemed necessary by the Board.

Section 16. Ratings in the Examination​

An examinee must obtain a general average of at least seventy-five percent (75%) with no grade lower than sixty percent (60%) in any subject.

Section 17. Oath of Customs Brokers​

All successful examinees shall take their oath before the Board or before any person authorized by the Commission.

Section 18. Certificate of Registration and Professional Identification Card​

A Certificate of Registration and Professional ID Card shall be issued to those who pass the examination, upon payment of fees prescribed by the Commission.

Section 19. Refusal to Issue Certificate​

The Board shall not issue a certificate to persons convicted of crimes involving moral turpitude, immoral or dishonorable conduct, or those declared of unsound mind.

Section 20. Suspension and Revocation of Certificate​

The Board may suspend or revoke a certificate of registration for:

  1. Conviction of a crime involving moral turpitude;
  2. Fraud or deceit in obtaining the certificate;
  3. Gross negligence or incompetence in the practice;
  4. Violation of this Act, Code of Ethics, or Code of Technical Standards.

Section 21. Integration of Customs Brokers​

All registered customs brokers shall be integrated into one (1) national organization recognized and accredited by the Commission. Membership therein shall be mandatory.

Section 22. Penal Provisions​

Any person who practices customs brokerage without a valid Certificate shall be penalized with a fine of not less than ₱100,000 or imprisonment of not less than 1 year, or both, at the discretion of the court.

Section 23. Implementing Rules and Regulations​

The Board, subject to the approval of the Commission, shall promulgate the rules and regulations necessary to implement this Act.

Section 24. Separability Clause​

If any part of this Act is declared unconstitutional, the remaining provisions shall not be affected.

Section 25. Repealing Clause​

Republic Act No. 1512 and all laws inconsistent with this Act are hereby repealed or modified accordingly.

Section 26. Effectivity​

This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved: April 13, 2004