Customs Demand Duty for Imported Books
EDIT: I deeply apologize for taking so long to edit this; life has certainly made my Internet life more limited in recent months (interestingly enough, it all started just as this issue was finally resolved). But to put things into perspective, we've won! As of May 25, 2009, the Philippine Star reported:
President Arroyo ordered yesterday the Department of Finance to scrap the taxes imposed on imported books and reading material.
Press Secretary Cerge Remonde said the directive was prompted by a torrent of criticism on the move of the Bureau of Customs (BOC), which is under the supervision of the finance department, to impose the duties.
"President Arroyo ordered the immediate lifting of the customs duty on book importation," Remonde said in a text message to The STAR.
"The President wants books to be within reach of the common man. She believes reading as an important value for intellectual formation, which is the foundation of a healthy public opinion necessary for a vibrant democracy," he said.
Remonde said Mrs. Arroyo directed Finance Secretary Margarito Teves to revoke Finance Department Order 17-09 which imposes duty on book importation.
"Secretary Teves said he will comply immediately," he said.
Congatulations to all who fought for this cause!
I expect this lens to go down the ranks now; but if any of you would want to review the events, I'll leave it active for as long as I'm a lensmaster.
-Beej
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For decades, Filipinos have been avid consumers of imported books, helped in part by the decision of the Philippine Government way back in 1952 to be a signatory of the Florence Agreement, a UN treaty that promotes the circulation of books and other cultural materials. Under the terms of the treaty, the importation of books is supposed to be duty-free.
Recently however, the Bureau of Customs have started to impose duties on imported books entering the country. Such actions may lead to the increase of book prices, and goes against the spirit of the free flow of information and cultural exchange, as well as apparently contradicting the Philippines international treaty obligations.
This issue has received much publicity from Filipino bloggers, and is the center of a lot of online discussion.
We at the UP Hobby Gamers' Circle believe that this issue deserves more press, and have put up this Squidoo lens in an effort to provide a resource for concerned people who want to come to grips with this issue. We hope that you find the links below useful in clarifying the matter and in spreading the word about the Great Book Blockade.
Image from Corbis
President Arroyo ordered yesterday the Department of Finance to scrap the taxes imposed on imported books and reading material.
Press Secretary Cerge Remonde said the directive was prompted by a torrent of criticism on the move of the Bureau of Customs (BOC), which is under the supervision of the finance department, to impose the duties.
"President Arroyo ordered the immediate lifting of the customs duty on book importation," Remonde said in a text message to The STAR.
"The President wants books to be within reach of the common man. She believes reading as an important value for intellectual formation, which is the foundation of a healthy public opinion necessary for a vibrant democracy," he said.
Remonde said Mrs. Arroyo directed Finance Secretary Margarito Teves to revoke Finance Department Order 17-09 which imposes duty on book importation.
"Secretary Teves said he will comply immediately," he said.
Congatulations to all who fought for this cause!
I expect this lens to go down the ranks now; but if any of you would want to review the events, I'll leave it active for as long as I'm a lensmaster.
-Beej
**********
For decades, Filipinos have been avid consumers of imported books, helped in part by the decision of the Philippine Government way back in 1952 to be a signatory of the Florence Agreement, a UN treaty that promotes the circulation of books and other cultural materials. Under the terms of the treaty, the importation of books is supposed to be duty-free.
Recently however, the Bureau of Customs have started to impose duties on imported books entering the country. Such actions may lead to the increase of book prices, and goes against the spirit of the free flow of information and cultural exchange, as well as apparently contradicting the Philippines international treaty obligations.
This issue has received much publicity from Filipino bloggers, and is the center of a lot of online discussion.
We at the UP Hobby Gamers' Circle believe that this issue deserves more press, and have put up this Squidoo lens in an effort to provide a resource for concerned people who want to come to grips with this issue. We hope that you find the links below useful in clarifying the matter and in spreading the word about the Great Book Blockade.
Image from Corbis
The Book Blockade Primer
Some Important Links
In this first set of links, we put you up to speed on what the Great Book Blockade of the Philippines is all about. These are the best links to get into if you want to have a thorough understanding of the issue.
- Dispatches from Manila
- Written by visiting non-fiction writer Robin Hemley, Dispatch 6, the Great Book Blockade of 2009, was the first article to bring this issue to light. It sparked the interest of various Filipino bloggers, igniting the online discussion of the issue.
Note: Hemley admits to wrongly identifying Undersecretary Sales' affiliation in the article. He linked her to the Dept. of Customs, when in fact she's the Undersecretary of the Dept. of Finance. She was also tagged as "Espela Sales" rather than Estela Sales. Otherwise, all pertinent information are correct. - Philippine Genre Stories (Multiply)
- Kenneth Yu, editor of Philippine Genre Stories, was one of the first bloggers to amplify the issue online, and the PGenreStories multiply has become something of a news and discussioon central for breaking news and developments. Whenever something new comes up, you're most likely to read about it first at PGS.
- Bahay Talinhaga
- The author of Bahay Talinhaga provides a clear presentation on some of the laws involved in a form accessible to the layman. Beyond the outrage and reflex action, this site takes a level-headed look, calling for spreading the issue "in a manner that does not involve bridge or torch burning."
- Book Blockade Timeline
- Manolo Quezon's timeline, to date, is the most comprehensive list of events regarding the Book Blockade. It tackles the treaties involved, as well as a chronology of who was doing what and when.
- Dissecting the BOC's FAQ and DOF Guidelines
- Bahay Talinhaga's analysis on the Bureau of Customs' Official Documents detailing their stand, which were released May 12, 2009.
Pandesal with the Morning Paper
Recent News on the Book Blockade
Whenever new information comes to light, this set of links would be updated to keep you updated. Read about all the latest developments here.
The more recent links are placed at the top of this list rather than below, for the enjoyment of those that want their pandesal fresh from the oven.
The more recent links are placed at the top of this list rather than below, for the enjoyment of those that want their pandesal fresh from the oven.
- Philippine Star: Taxes on book Imports Lifted
- President Arroyo orders the government to stop the taxation on imported books. Victory!
- GMAnews: UNESCO Opposes RP Move to Tax Books
- May 22, 2009: UNESCO: tax "blatantly violates" provisions of the Florence Agreement. Tax on imported books will "limit access to information and knowledge...taxing books 'has an inherent anti-poor bias.'" DFA: DoF's moves "contrary to RP obligations."
- Inquirer Editorial
- May 20, 2009: Conrado De Quiros writes an Inquirer editorial thrashing the DoF for going after the wrong people, book readers.
- DoF: Just sue us.
- May 18, Monday. Business Mirror: USec. Sales laments at being "unfairly portrayed as a voracious tax collector"
- Chiz Escudero on the Book Blockade
- May 16, 2009: Chiz Escudero asks DOF to Junk Tax On Imported Books. "This tax...may be equivalent to book burning as it will result in people reading less books because they can no longer afford to buy them."
- Discover the Gift: Duty-Free Books
- May 14, 2009: Dennis T. Gonzales, Chairman of the National Book Development Board, releases a statement regarding the GBB. "The NBDB expects the DOF to see the light, withdraw those Guidelines, and reaffirm the wise principle of the free flow of information, knowledge, and books worldwide."
- Philippine Star: More Senators Question the Book Blockade
- May 13, 2009: Senators Edgardo Angara, Manuel Roxas II and Richard Gordon joined Sen. Miriam Defensor-Santiago in questioning the BOC's move to impose taxes on imported books.
- BOC: FAQ's and Clarificatory Guidelines
- May 12, 2009: The Bureau of Customs has loaded clarificatory guidelines on the Depatment of Finance's order in their website.
- Philippine Star: Alexander Arevalo (BOC) Says 'Go to Court or Congress'
- May 12, 2009: This article begins, as below, with Sen. Santiago's reaction to the Book Blockade. It then provides the point of view of Bureau of Customs' Deputy Commissioner Alexander Arevalo. Puzzled by the recent protests, he says that the duties on books have been there for years, and that they are not implementing anything new.
- ABS-CBN: Book Blockade Irks Miriam
- May 11, 2009: Sen. Miriam Santiago urges the Senate to investigate the BOC's book taxes which violate the Florence Agreement.
- Philippine Star: Binay to Customs: Go after smugglers, not book dealers
- May 11, 2009: Makati Mayor Jejomar Binay's position on the GBBP09, and his support for the online movement.
- Philippine Star: Pinoy Book Lovers Criticize Customs Policy
- May 10, 2009: Philippine Star's first article on the GBBP09. Customs official Sales, comments that novels and reading books are "not educational."
- Jessica Rules the Universe
- In "A Taxing Matter," Jessica Zafra writes about the Book Blockade in that bitingly sarcastic style that many readers have grown to love. Also attached is a letter by the Book Development Association of the Philippines (BDAP) to DoJ Secretary Raul Gonzalez, as well as the BDAP's position paper in the comments thread.
- The Explainer
- Manuel L. Quezon III, aka "The Explainer" also writes about this issue, contrasting the Philippine situation with the one in Malaysia, where the government actually deducts book purchases from your income tax.
Book Blockade on YouTube
courtesy of Komikero
The Great Philippine Book Blockade of 2009
As of May 25, 2009, The Book Blockade has finally broken! Philippine President Gloria Macapagal Arroyo ordered the Department of Finance to stop the taxation of books. This is a proud day for all Filipinos. Congrats and thanks to all those who have helped make this possible. For more detailed information and what concerned citizens can do, go here: http://tinyurl.com/gpbb2009 Or more directly here: http://www.quezon.ph/2009/05/10/the-great-book-blockade-of-2009-timeline-and-readings/
curated content from YouTube
The Online Recoil
Philippine Book Lovers React Online
The blogosphere has been buzzing with activity since Robin Hemley's Dispatch 6. Read about how writers both professional and casual see the issue.
- The Bibliophile Stalker (Part I)
- The Bibliophile Stalker dispels some of the misconceptions about the Book Blockade that are circulating in the blogosphere.
- The Curious Couch: Going Postal
- Professor Conchitina "Chingbee" Cruz of UP and her own encounters with customs.
- The Bibliophile Stalker (Part II)
- The Bibliophile Stalker returns and goes back to address misconceptions on the Book Blockade once again. A quote, "It's all Twilight's fault...That's like blaming a victim of a hold-up on the victim by being at the wrong place at the wrong time. No, the guilty party are the robbers themselves."
- The Curious Couch: Going Postal Yet Again
- Another post from Chingbee Cruz. Apparently, UP Law's Dean Marvic Leonen is interested in taking the Book Blockade to court, and is looking for receipts in any Customs transactions at post offices and other places. If you have any, check this link out.
- Beerkada on the Book Blockade
- On the lighter side, Beerkada gets in on the act and outlines an unexpected "benefit" of the Book Blockade.
- Sumthinblue: The Great Book Blockade of 2009
- A personal encounter with Customs and the Book Blockade.
- The Trojan Bore
- oxar2001law proposes a face-saving way for the DoF to back down before things get too heated.
- Manolo Quezon: A Conspiracy of Officials
- More from the Explainer on the Great Book Blockade.
- Jessica Zafra: What is the street value of being human
- Jessica Zafra unloads more comments on the taxation of books. "Books are the repositroy of human experience. They tell us what being human is all about. How much is that in pesos?"
- Marcos in Reverse: The Great Book Blockade of 2009
- Indolent Indio compares the Great Book Blockade to a Marcos-era clamp down on imported books, which resulted in "Philippine Editions" of otherwise expensive college texts.
- Barefaced Brazenness
- Blogger Flanerie analyzes a recent comment from BOC deputy commissioner Alexander Arevalo.
- Department of Finance Debunks Rizal
- A quote, "Sales' views contradict the Rizal Law's statement that the hero's novels are educational, because now, the Penguin edition of "Noli Me Tangere," is, by definition, a non-educational material because it is an imported novel-unless a specific exemption is obtained. But who, I wonder, dares to defend Rizal?"
- vivatregina tweets to Neil Gaiman
- Neil Gaiman responds to the issue, and helps spread the word on twitter.
- Jesterinexile's resource page
- Jesterinexile takes a comprehensive survey of blogs and others writing about the great book blockade. Once you're done with our introductory links, you might want to view some of the links posted here for a broad survey of online opinion on the matter.
- The Association of Writers and Writing Programs
- Robin Hemley to the Association of Writers and Writing Programs writing about the Book Blockade.
- Bahay Talinhaga: GBB: Really!?! Edition
- Bahay Talinhaga goes to task on arguments and misunderstandings concerning the Book Blockade. Try to read with a sense of humor. (for a less inflammatory/funny version, read Bibliophile Stalker below, who tackles some of the same ideas)
- (May 20) Bibliophile Stalker
- Again tackling common misunderstandings, as well as examining the problems in taxing books according to a classification system.
Position of the UP Hobbygamers' Circle
We the U.P. Hobby Gamers' Circle, a duly recognized university organization, mindful of the University of the Philippines' commitment to Excellence, believe in the unrestricted flow information and the free exchange of cultural and educational material. Furthermore, we believe in the critical role that book reading plays in the education of the nation. We therefore believe in the importance of the Florence Agreement, the UN treaty which guarantees the duty-free importation of books and other cultural materials. The fact that the Philippines is a signatory to the Florence Agreement is a symbol of our nation's highest humanitarian ideals and our commitment to education and cultural understanding.We therefore condemn the actions of the Bureau of Customs in the taxation of imported books, as we believe it to be in violation of the Florence Agreement and the interests of the Filipino people in general. We call upon the Philippine Government to uphold our international obligations and stand for our highest ideals by repealing this tax. Anything less would only lessen us in the eyes of our peers in the community of nations and more importantly betray our commitment to the high ideals of education, cultural understanding, and the free flow of information that we have declared ourselves committed to in the signing of the Florence Agreement.
Visit the UP HGC lens.
What Can We Do About It?
If you believe that the Great Book Blockade is something that you are against, then what can you do about it?We believe that the best way to deal with the matter at hand is to spread the word about this issue to build public awareness and to get the attention of people who have the official power to do something about this. We hope this site is helpful in providing information about the Great Book Blockade, and we encourage you to link it to your friends, relatives, and acquintances.
We also encourage you to come up with your own ideas towards spreading the word and opposing the Book Blockade, though we ask you to remember Bahay Talinhaga's comments to make sure that you do so "in a manner that does not involve bridge or torch burning," figuratively or literally. :p
*Some of the other efforts against the Great Book Blockade involve Rock Ed's upcoming "Great Book Bigayan 2009," which will be held at the Baywalk, Roxas Blvd on the 24th of May 2009. (see the Rock Ed website for more details)
*If you've read The Curious Couch as well, you know that UP Law Dean Marvic Leonen is interested in building a case to put an end to all this. If you've had to paying tax at the post office for your books (and you still have the receipt), contact The Curious Couch.
EDIT: A report on the Great Book Bigayan by one of our members, phelanw0lf, appears on his blog, The Wolf's Lair
*You may also be interested in joining an ongoing Facebook cause:
Filipinos Against the Taxation of Books by Customs
Facebook Cause
1. Books, being vehicles of ideas and knowledge should remain exempt from import taxes.
2. Taxation of books hinders the flow of knowledge and ideas by making books less accessible to people.
3. Government should promote books & reading as beneficial to the development of individuals and society.
4. The imposition of taxes on imported books by the Bureau of Customs is in violation of a United Nations Treaty which the Philippines is a signatory.
5. The Bureau of Customs does not and should not have the authority to determine which books are educational and which are not.
2. Taxation of books hinders the flow of knowledge and ideas by making books less accessible to people.
3. Government should promote books & reading as beneficial to the development of individuals and society.
4. The imposition of taxes on imported books by the Bureau of Customs is in violation of a United Nations Treaty which the Philippines is a signatory.
5. The Bureau of Customs does not and should not have the authority to determine which books are educational and which are not.
- Home Page
- here's one small thing that you can do to help: If you have a Facebook Account, join in on our cause to fight the taxation of books by customs. Share your opinions, write on the wall, and participate in the discussion!
- What Undersecretary Estela Sales of the DOF Said
- Originally posted as one of the comments over at Philippine Genre Stories, Kenneth Yu was kind enough to repost the results of his interview with Undersecretary Estela Sales. Read about the meeting here.
Wish we could run through the blockade with a Star Wars Blockade Runner!
Image from Wookieepedia. Used for non-profit
It All Starts with a Few Words
Do you have a new link you'd want to add to the list? Is there something you think we can do to make this lens better at serving the Book Blockade? Do you just want to say hi to the members of UP HGC? Feel free to leave your comments here!
(Note: To prevent spambot invasions, there is a delay to your post prior to getting approved. Don't worry; if you're not a bot, then your comment will most likely show up in 30mins!)
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Reply
- beej08 beej08 May 24, 2009 @ 9:44 am | in reply to matthew
- Hello, Matthew! Quite a lengthy post you have there.
I appreciate you presenting the other side of the story, and I do believe I should edit the lens to show arguments both for and against the imposition of taxes. But (and take this with a grain of salt, as I have no lawyer-type credentials whatsoever) in my opinion, the excemption that you are poining out pertains to books, publications and documents for advertising purposes only.
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Reply
- beej08 beej08 May 24, 2009 @ 9:17 am | in reply to Robin Hemley
- Thanks for the clarification, sir! I will edit the entry ASAP.
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Reply
- matthew matthew May 24, 2009 @ 9:01 am
- The Great Book Blockade or The Great Tax Evasion by Private Commercial Enterprises
Agreement on the Importation of Educational, Scientific and Cultural Materials, with Annexes A to E and Protocol annexed 1950
Florence, 17 June 1950
-Protocol, Nairobi, 26 November 1976
Article I
1. The contracting States undertake not to apply customs duties or other charges on, or in connection with, the importation of:
(a) Books, publications and documents, listed in Annex A to this Agreement;
(b) Educational, scientific and cultural materials, listed in Annexes B, C, D and E to this Agreement; which are the products of another contracting State, subject to the conditions laid down in those annexes.
2. The provisions of paragraph 1 of this article shall not prevent any contracting State from levying on imported materials :
(a) Internal taxes or any other internal charges of any kind, imposed at the time of importation or subsequently, not exceeding those applied directly or indirectly to like domestic products;
(b) Fees and charges, other than customs duties, imposed by governmental authorities on, or in connection with, importation, limited in amount to the approximate cost of the services rendered, and representing neither an indirect protection to domestic products nor a taxation of imports for revenue purposes.
Article II
1. The contracting States undertake to grant the necessary licences and/or foreign exchange for the importation of the following articles:
(a) Books and publications consigned to public libraries and collections and
to the libraries and collections of public, educational, research or cultural institutions ;
(b) Official government publications, that is, official, parliamentary and ad-ministrative documents published in their country of origin;
(c) Books and publications of the United Nations or any of its Specialized Agencies ;
(d) Books and publications received by the United Nations Educational, Scientific and Cultural Organization and distributed free of charge by it or under its supervision;
(e) Articles for the blind:
(i) Books, publications and documents of all -kinds in raised characters for the blind;
(ii) Other articles specially designed for the educational, scientific or cultural advancement of the blind, which are imported directly by institutions or organizations concerned with the welfare of the blind, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles.
2. The contracting States which at any-time apply quantitative restrictions and exchange control measures undertake to grant, as far as possible, foreign exchange and licences necessary for the importation of other educational, scientific or cultural materials, and particularly the materials referred to in the annexes to this Agreement.
Annexes
Annex A
Books, publications and documents
(i) Printed books.
(ii) Newspapers and periodicals.
(iii) Books and documents produced by duplicating processes other than printing.
(iv) Official government publications, that is, official, parliamentary and administrative documents published in their country of origin.
(v) Travel posters and travel literature (pamphlets, guides, time-tables, leaflets and similar publications), whether illustrated or not, including those published by private commercial enterprises, whose purpose is to stimulate travel outside the country of importation.
(vi) Publications whose purpose is to stimulate study outside the country of importation.
(vii) Manuscripts, including typescripts.
(viii) Catalogues of books and publications, being books and publications offered for sale by publishers or booksellers established outside the country of importation.
(ix) Catalogues of films, recordings or other visual and auditory material of an educational, scientific or cultural character, being catalogues issued by or on behalf of the United Nations or any of its Specialized Agencies.
(x) Music in manuscript or printed form, or reproduced by duplicating processes other than printing.
(xi) Geographical, hydrographical or astronomical maps and charts.
(xii) Architectural, industrial or engineering plans- and designs, and reproductions thereof, intended for study in scientific establishments or educational institutions approved by the competent authorities of the importing country for the purpose of duty-free admission of these types of articles.
(The exemptions provided by Annex A shall not apply to:
(a) Stationery;
(b) Books, publications and documents (except catalogues, travel posters and travel literature referred to above) published by or for a private commercial enterprise, essentially for advertising purposes;
(c) Newspapers and periodicals in which the advertising matter is in excess of 70 per cent by space;
(d) All other items (except catalogues referred to above) in which the advertising matter is in excess of 25 per cent by space. In the case of travel posters and literature, this percentage shall apply only to private commercial advertising matter.)
Why it that the Exclusion of this agreement was not is discussed? Annex A(b), stated that " The exemption SHALL NOT APPLY to a PRIVATE COMMERCIAL ENTERPRISES". Then who violates this UNESCO Florence Agreement? The importers (Private Commercial Enterprises) who hides under this blanket agreement or the government who follow this?
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Reply
- Robin Hemley Robin Hemley May 24, 2009 @ 2:49 am
- Hi, Just FYI, I believe the only thing I got wrong in my original article on "the book blockade" was the affiliation of Undersecretary Sales. I linked her to the Dept. of Customs when in fact she's the Undersecretary of the Dept. of Finance, and I also tagged her as "Espela Sales" rather than Estela Sales. Nothing of substance, as you can see. .Everything else was essentially correct.
Good luck with everything. I should have a new article appearing soon in The Far Eastern Economic Review.
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Reply
- beej08 beej08 May 20, 2009 @ 11:02 pm
- Thanks! We plan to go on and get us moving beyond the World Wide Web. Information is important, but the government DoF is not backing down.
Pictures! We're going to the Great Book Bigayan, and we'll take as many pictures as we can for uploading. ^___^ Thanks for the tips!
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by beej08
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