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Diaspora Philanthropy

 

Procedures and Requirements for Entry of Overseas Donations

 

WHAT EVERY DONOR SHOULD KNOW

GUIDELINES ON HOW TO SEND YOUR DONATIONS

PRE-SHIPMENT


A. DONOR

1. Prepares the following documents:

• Deed of Donation

• Pro-forma / Commercial Invoice and Packing List or Inventory of items for donation (including technical description of instruments or equipment)

WARNING: Ensure that information about the donees/consignees, i.e., name, address, etc.) are accurately and consistently reflected in the Deed of Donation and shipping documents. The shipment should include only the items in the Packing List.

2. Submits documents to the Philippine Embassy / Consulate for authentication.

3. Sends original copies of the shipping documents (bill of lading or airway bill) directly to the donees / consignees or through the Philippine Embassy / Consulate.

NOTE: If the donors request the Commission on Filipinos Overseas to serve as conduit for their donations, the parties will enter into a Memorandum of Agreement specifying the terms and conditions of the service relationship, e.g., transfers in cash or in kind, schedule of releases, selection of service providers, beneficiaries, monitoring, etc.

B. PHILIPPINE EMBASSY/CONSULATE

1. Refers prospective donations to the Commission on Filipinos Overseas for evaluation if the donated materials and the identified donees / consignees are qualified for exemption from duties and taxes.

2. Advises donor on the eligibility of the donees / consignees to accept donations that may be exempted from customs duties and taxes.

3. Evaluates the validity of documents prior to authentication.

4. Sends copies of authenticated donation documents to CFO for onward transmittal to beneficiaries / consignees.

C. COMMISSION ON FILIPINOS OVERSEAS (CFO)

1. Confers with appropriate government agencies, donees/consignees to determine whether the donation qualifies for exemption from duties and taxes.

2. Verifies if the beneficiaries/consignee are qualified to accept donations exempted from duties and taxes.

3. Informs the Philippine Embassy / Consulate on the evaluation results to be conveyed to the prospective donors.


SHIPMENT

A. DONOR

1. Confers with Philippine Embassy/Consulate on the evaluation results from CFO

regarding the proposed donation.

2. Sends donations to the Philippines.

3. Sends the original copies of donation documents authenticated by the Philippine Embassy/Consulate to the donees/consignees directly or through the Philippine Embassy/Consulate.

4. Informs CFO, through the Philippine Embassy/Consulate, of the details of the shipment of the donation to the donees/consignees.

WARNING: Ensure that donation documents are received by the donees/consignees at least 30 days prior to the expected arrival of the shipment to allow for the processing of the application for the duty-free entry of the donation.

B. COMMISSION ON FILIPINOS OVERSEAS (CFO)

1. Advises the donees/consignee on the procedures and requirements for obtaining duty and tax exemption for the donation.

2. If requested, endorses the consignee's request for duty and tax exemption to government agencies concerned.

C. DONEES/CONSIGNEES

1. Prepares a notarized Deed of Acceptance of the Donation.

2. Together with the authenticated donation documents and notarized Deed of Acceptance, submits letter of request for a favorable endorsement of the duty and tax-free importation of the donation to the following government agencies:

 Department of Social Welfare and Development (DSWD) -- for food and non-food relief goods.

 Department of Health (DOH) -- for medicines, medical supplies and equipment.

 Department of Education (DedEd) -- for books and educational materials.

 National Economic Development Authority (NEDA) -- for machinery, equipment and accessories.

3. Monitors arrival of shipment by coordinating with the shipping agency or broker.

D. DSWD / DOH / DepEd / NEDA / FDA

1. Evaluates the donation documents submitted by the donees /consignees.

2. Endorses the request for duty and tax exemption to the Department of Finance (DOF) for appropriate action.

E. DEPARTMENT OF FINANCE (DOF)

1. Issues the duty or tax-free certification or both.

2. Forwards the original copy of the certification to the Central Records Division of the Bureau of Customs (BOC).

GUIDELINES ON HOW TO RELEASE YOUR DONATIONS

Release of Shipment

A. DONEES/CONSIGNEES

1. Presents the authenticated donation documents to the Tax Exempt Division of the BOC.

2. Pays the following fees and charges:

 Arrastre and wharfage charges

 Stripping

 Storage fees if the cargo is not withdrawn within seven (7) working days

 Demurrage fees (charged by shipping lines) for use of containers/ vans, if not withdrawn within 7 to 10 days of arrival

 Trucking fees to transport cargo from the port's container yard to the donees / consignees

 Customs brokerage fees, if any

Important: Donations, even if accorded duty free privilege, are still subject to value added tax (VAT), which is computed at 12% of the landed cost of the shipment.

C. BUREAU OF CUSTOMS (BOC)

1. Receives donation documents and other certifications that all required fees have been paid.

2. Checks/verifies, appraises and examines the donated shipment at the port of entry.

3. Seizes donated items, if found to be contraband items

4. Releases the shipment to the donees/consignees or its authorized representative(s) after completing the documentation and payment of processing fees and other charges.


GUIDELINES UPON RELEASE OF SHIPMENT

Distribution of Donations

A. DONEES/CONSIGNEES

1. Conducts an inventory of the donated shipment upon receipt of the donation.

2. Submits the inventory and distribution report/s to the donor and government agencies concerned.

B. COMMISSION ON FILIPINOS OVERSEAS (CFO)

1. If the donations are coursed through the CFO, the latter conducts the necessary steps as detailed in the Memorandum of Agreement with the donors.

2. Transmits to the donors a periodic monitoring report regarding the status of the donation, and a terminal report on the impact of the donation.

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Copyright 2011 Overseas Donations Related Laws and Regulations. Diaspora Philanthropy (LINKAPIL)
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