Thinking Outside the (balikbayan) Box

FOR the millions of Filipinos working and living abroad, the balikbayan box they send to their loved ones here in the country is not just a box full of canned goods, apparel or toys for their kids to enjoy.

The balikbayan box, according to Mario Ares, a Filipino working in Saudi Arabia, is a symbol of his hardship and perseverance, of his love for his family and, most important, of his being a Filipino. Thus, it should be treated with utmost respect and handled with care.

But, what if opened, instead of finding goods and other items that are intended to somehow bring a smile on the faces of an overseas Filipino worker's (OFW) loved ones, what would be discovered are guns, drugs and other items that are not only prohibited but are also considered potential threats to the state's security or the well-being of other people?

Would it be proper and just for the Bureau of Customs (BOC) to fully implement the law that allows a 100-percent physical examination of such boxes?

The law

Chapter VII of Republic Act 1937, or the Tariff and Customs Code of the Philippines, describes balikbayan boxes as packages of personal effects and/or pasalubong sent by Filipinos residing or working abroad to their families or relatives in the Philippines to enhance Philippine tradition and culture for the promotion and preservation of strong family ties through love and caring expressed in gift-giving.

Under the law, the contents of a balikbayan box must not exceed P10,000 in value and that only the importation of personal and household effects belonging to residents of the Philippines returning from abroad are exempt from duties, provided they are accompanied by the returning resident.

Also banned and/or regulated are firearms and ammunition, prohibited dugs, pornographic materials and gambling materials/apparatus.

The law prescribes a 100-percent examination of the consolidated shipments.

Consolidated shipments are two or more balikbayan boxes from two or more individual senders abroad, assembled and consolidated at one point of origin/exportation and shipped together under a single master ocean bill of lading or master airway bill by a freight forwarder to its consolidator-agent in the Philippines.

The inspection is necessary, according to the BOC, to protect the legitimate interests of senders and their consignees, in particular, and the transacting public, in general; to protect the interests of the government; and to prevent and suppress smuggling and other fraud.

Canned goods, grocery items and other household effects must not exceed a dozen of a kind, while apparel, whether used or new, must not exceed three yards per cut.

Only one consignment per sender during a one-month period is allowed.

Based on the data provided by the BOC, a total of 1,500 containers arrive in the country every month, or 18,000 containers every year, with each container carrying a maximum of 440 standard-sized balikbayan boxes.

Pandora's box

Instead of containing pasalubong or gifts for their loved ones, some unscrupulous individuals have managed to turn these balikbayan boxes into a Pandora's box full of contraband.

Early this year, combined elements of the BOC, the Philippine Drug Enforcement Agency and the Philippine National Police arrested a Filipino for using container vans carrying balikbayan boxes to smuggle into the country some 38.65 kilograms of methamphetamine hydrochloride-locally known as shabu-concealed in a water tank.

Authorities also intercepted 1,360 pieces of methylenedioxymethamphetamine, or Ecstasy, at the Philippine Postal Corp., and the consignee was arrested.

Some two kilos of liquid cocaine were found concealed in a balikbayan box at the Ninoy Aquino International Aiport (Naia), as well as items declared as food supplement but were later found to be date-rape drugs (Alprazolam).

Aside from illegal drugs and medicines, balikbayan boxes are also being used to smuggle into the country firearms, ammunition and accessories such Rainer Arms (.56) and Kreiger (5.56).223 Wylde, armalite magazine, rifle scope and steel-frame gun parts that were also seized.

Balikbayan boxes are also being used to bring into the country commercial goods or goods in commercial quantity, such as wristwatches and bags of various brands, and laptops.

BOC takes action

Fully aware of the situation, Customs Commissioner Alberto Lina promptly ordered the strict implementation of the law governing the inspection of balikbayan boxes to prevent the entry of undervalued items and underdeclared contents reaching the country's ports.

Our spot checks from several warehouses show how misconstrued the rules may have become. People are sending in used clothing, home appliances and items of the same kind that can well may be used for commercial purposes. Nagkamali ba ang sender o nagkulang ang freight forwarder? Is there misinformation to drive their businesses? Lina asked.

To protect the legitimate interests of the transacting public, the commissioner said the examination of these consolidated shipments should be made mandatory.

P600 million lost annually

The BOC also lamented that the government is losing about P600 million a year in revenues from technical-smuggling activities using balikbayan boxes.

We really do not have an exact figure on the losses, but we are estimating that it is a P50,000 underpayment for every container van [filled with balikbayan boxes]. So if there are 1,000 container vans coming in every month, that means that a rough estimate of P50 million is lost in government coffers, Deputy Commissioner for Assessment and Operations Coordinating Group Agaton Teodoro Uvero said.

Revenue losses, he said, are expected to double-or even triple-as the number of container vans carrying balikbayan boxes could increase to 2,000 or 3,000 during Christmas season.

It is okay if it would be for the personal use of the OFW's family. But what if it is being used for businesses such as several watches, bags, perfumes and other imported goods, he pointed out.

He recalled that a spot check on balikbayan boxes recently conducted yielded 11 brand-new...