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BOC TO ENFORCE STRICT CONFLICT OF INTEREST POLICY

In a bold step to restore integrity and public trust in the Bureau of Customs (BOC), Customs Commissioner Ariel F. Nepomuceno, on 10 July 2025, issued a memorandum strictly prohibiting all BOC officials, employees, and personnel from holding any business or financial interest in Customs Brokerage operations.

Nepomuceno’s order was in response to the call of President Ferdinand R. Marcos Jr. for good governance, and is part of the agency’s intensified efforts to eliminate conflicts of interest and reinforce transparency within its ranks.

The directive underscores the BOC’s commitment to ethical service and legal compliance. Citing Section 13, Article VI of the 1987 Philippine Constitution and Section 3(i) of Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, the memorandum affirms that no government officer or employee shall be involved in private business or enterprise where such involvement compromises the impartiality of public duty.

“This reform is in strict compliance with Customs Memorandum Orders 25-2010 and 23-2008, and is anchored on Section 9 of the BOC Integrity Action Plan,” Nepomuceno said.

“The said section prohibits Customs officials from engaging in business transactions with brokers, importers, or exporters under circumstances that could compromise their duties, and forbids them from holding interests or positions in any private enterprise regulated or supervised by the BOC,” the Customs chief added.

In line with Section 12, Rule XVIII of the Revised Civil Service Rules, the new BOC policy reiterates that officers whose duties require full-time government service are absolutely prohibited from engaging in private business without written authority.

The memorandum is unequivocal in its warning, thus failure to comply with the policy will be met with sanctions in accordance with applicable laws.

The BOC extends the prohibition with a categorical ban on any involvement, direct or indirect, in Customs Brokerage businesses. This includes roles as owner, incorporator, stockholder, partner, consultant, advisor, or in any other capacity that may raise ethical concerns.

With the new policy, all BOC personnel are now required to submit a verified affidavit to the Office of the Commissioner within ten (10) days from the issuance of the memorandum.

This affidavit must disclose any familial relationship, by consanguinity or affinity within the fourth civil degree, with individuals who are involved in Customs Brokerage businesses, regardless of their role or status in said entities. The affidavit must also identify the name, address, and contact information of the brokerage concerned, along with other relevant details.

The disclosure obligation remains mandatory even in instances where the individual’s involvement or affiliation has ceased within the last five years. This includes Customs Brokerages that have stopped operations, those where shares were already divested or transferred, or where the individual was previously listed as an incorporator despite no longer holding interest.

The memorandum is unequivocal in its warning, thus failure to comply with the policy will be met with sanctions in accordance with applicable laws.

“This is more than policy. It is a public declaration that the Bureau of Customs will no longer tolerate practices that breed corruption, favoritism, or undue influence. We are placing public interest above personal gain,” said Nepomuceno.

Nepomuceno also urges all BOC personnel to comply faithfully and urgently with the directive, and to uphold the values of honesty, impartiality, and professionalism in service to the Filipino people.

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