Simply an administrative fine for violation of a Customs Administrative order
April 22, 2009
22 April 2009
Oilink International Corporation, as per the “Status of Alerted/Apprehended Petroleum Products” submitted by the Bureau of Customs, is being investigated by the Committee on Energy to Conduct an Inquiry, in aid of Legislation, into the Reported Smuggling of Refined Petroleum Products with the end view of recommending Necessary Remedial Legislation.
Regarding the Php 2,764,859,304.80 which Oilink allegedly owes to the Government, the same is a subject of an administrative case pending before the Bureau of Customs. This does not involve alleged Smuggling of Refined Petroleum Products.
In this case, the Hearing Officer of the Legal Service Division of the Bureau of Customs ordered Oilink to pay a penalty of Php 2,764,859,304.80. This is a mere administrative fine for violation of a Customs Administrative order, which pertains to Record Keeping and Compliance Audit.
With respect to the Warrant of Seizure and Detention issued against Oilink, the same is pursuant to Section 2536 of the Tariff and Customs Code. Section 2536 of the Tariff and Customs Code does not fall under Smuggling Activities. On the other hand, smuggling is defined in Sections 3601 and 3602 of the Tariff and Customs Code.
Thus, it is an error to include this case in the list of cases in the “Status of Alerted/Apprehended Petroleum Products” against Oilink International Corporation.