IRR on smuggling of agricultural products before DoF for review
THE draft Implementing Rules and Regulations (IRR) outlining more severe punishment for smugglers of agricultural products are now at the Department of Finance (DoF) for final review.
The agency expected to implement the tougher anti-smuggling regime, the Bureau of Customs, said it forwarded the draft IRR to the DoF.
The IRR draft contains the details for operationalizing Republic Act 10845, formally known as An Act Declaring Large- Scale Agricultural Smuggling As Economic Sabotage, or the Anti-Agricultural Smuggling Act of 2016 in short form.
According to RA 10845 the threshold for classifying smuggled agricultural goods as an act of economic sabotage is P1 million in fair market value, except for rice, where the threshold is P10 million.
Commodities covered by the law are sugar, corn, pork, poultry, garlic, onion, carrots, fish, and cruciferous vegetables — either in their raw state, or which have undergone the simple processes of preparation or preservation for the market.
The IRR confirms that violators will face a maximum penalty of life imprisonment, and a fine of twice the fair value of the smuggled agricultural products and the aggregate amount of the taxes, duties, and other charges that would have been levied on a legitimate shipment.
Importers found in violation also face perpetual disqualification from importing activity. Foreign violators for their part face deportation after serving the prescribed sentence.
Government officials involved in the illegal importation of agricultural goods face criminal liability as well as perpetual disqualification from public off ice.
RA 10845 defines large-scale agricultural smuggling to cover importing without permits, the use of fake or unauthorized import permits, misdeclared shipments, and acting as a broker for the importer found in violation.
Stakeholders consulted by the BoC in drafting the IRR include the Sugar Regulatory Agency (SRA), National Food Authority (NFA), National Meat Inspection Service (NMIS), Bureau of Plant Industry ( BPI), and Samahang Industriya ng Agrikultura (SINAG). —