Press Release
August 25, 2015

Nancy to BOC chief: Who gave orders to open, tax balikbayan boxes?
Senator asks Lina to provide studies to justify OFW policy shakedown

Senator Nancy Binay today asked Bureau of Customs (BOC) chief Alberto Lina to clarify its policy on balikbayan boxes and disclose who gave the instruction to unduly tax and open them.

Binay believes that Lina's action has the imprimatur of Malacanang and the Customs chief was just following instructions of his superiors with regard the bureau's move to inspect balikbayan boxes and tax personal items.

"Chairman Lina is a good soldier and may just be following orders from his bosses. Matagal nang pinag-iinitan ng Palasyo ang OFWs. It can be recalled that at the height of the 'zero remittance' call of OFWs two years ago, Presidential spokesman Edwin Lacierda said that the government does not gain anything from them," she noted.

"Di na nga mabigyan ng tamang tulong-ligal at suporta ang ating mga OFW, may gana pa ang Administrasyong ipitin sila dahil di naman daw nakikinabang ang gobyerno sa padala ng mga kababayan nating nagsasakripisyo abroad," she added.

"Ang policy na ito ay isang patunay na manhid at palpak ang administrasyong ito, bukod sa anti-OFW," Binay said.

Binay filed Monday Senate Resolution No. 1533 directing the proper Senate committees to conduct an inquiry on the BOC's new policy.

She added that "it is necessary that an inquiry be conducted to determine whether the new policy of the BOC is in accordance with law, not unduly burdensome to OFWs and not in violation of the rights and privileges of OFWs."

Binay noted that there are some policies that are anti-OFWs like the collection of the P550.00 terminal fee at the Ninoy Aquino International Airport (NAIA), which the amended Migrant Workers Act exempts them from paying.

"The terminal fee is integrated into the airline tickets which the OFW can collect when he goes home after the end of his contract," Binay said.

Another example is the low budget allocation to the Department of Foreign Affairs' (DFA) legal assistance fund, which is used to provide legal assistance to OFWs needing it.

The senator likewise asked the BOC to present studies to justify the issuance of its policy in opening OFW balikbayan boxes for inspection.

"Meron ba silang studies to backup their plan? Ipalagay na nating may iligal na modus dito, eh, bakit ka naman maglalagay ng Rolex o Hermes sa karton na aabutin ng buwan bago makarating sa Pilipinas. At sino namang magaling na sindikato ang magpapadala ng baril at droga door-to-door sa Balikbayan box? Hello?! Pag ganun, huli ka kaagad!" she said. "Di ba may obligatory selfie picture pa nga yan dun sa taong tatanggap ng box as proof na na-receive na yung padala?"

The senator said that taxing Balikbayan boxes just to cover the inefficiency of the BOC is insensitive and callous.

"If they want to plug 'leaking revenues' because some enterprising agencies or individuals use the consolidated cargo privilege extended to Pinoys abroad, wag naman sana nila idamay ang mga inosenteng OFW. Why not go after big syndicates who try to beat the system? Siguro naman di naman kapos yung milyun-milyong budget ng BOC sa intelligence," Binay noted.

In the 2015 national budget, BOC has P19.5 million budget for intelligence and P257 million fund is allocated for puposes of surveillance and prevention of smuggling.

At present, the government exempts from taxes contents of Balikbayan boxes worth $500 or less.

OFW remittances in 2014 reached $26.93 billion, up from 2013's $25.35 billion, according to the Bangko Sentral ng Pilipinas (BSP).

The BOC said that Balikbayan boxes may be considered as smuggled goods for noncompliance to the Philippine Tariff and Customs Code.

It added that the agency is allowed by law to do a 100% check of balikbayan boxes.

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