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Posted by Oli on May 3, '09 10:36 AM for everyone
(text of an e-mail I just composed)

This made me very very mad. You can help stop this outrage.
In the last few months, the importation of books into the Philippines has virtually stopped. (I've noticed it at Fully Booked) The reason why is explained in this article by Robin Hemley, a University of Iowa creative writing professor currently on a fellowship in the Philippines. If you have no time to read the article (and I suggest you do, and read his other dispatches as well), the essence is that because the Bureau of Customs has decided to impose duties on the importation of books into the Philippines. 

This, despite the 1950 Florence Agreement on the Importation of Educational, scientific and Cultural Materials (which you can see here), which the Philippines ratified in 1979. The preamble of the agreement states: "Considering that the free exchange of ideas and knowledge and, in general, the widest possible dissemination of the diverse forms of self-expression used by civilizations are vitally important both for intellectual progress and international understanding, and consequently for the maintenance of world peace...", an indisputable proposition. 

Towards that end, Article I(1)(a) of the Florence Agreement states:

"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;"

What does Annex A state? 

"Annex A 

Books, publications and documents 

(i) Printed books. xxx"

Obviously, this new policy of the Bureau of Customs contravenes the Florence Agreement. More fundamentally, shunting aside the legalities, this is a tax on knowledge imposed by people who are not that smart. Only through intellectual progress can we have a fighting chance to succeed as a nation, and intellectual progress can only be possible in an atmosphere where information and ideas flow free and freely. And if you think that the problem will be cured by carving an exception for "educational books", then you are wrong. Ideas are not confined to textbooks -- they are steeped in fiction, non-fiction, poetry, pulp novels, and Mad Magazine. By no means, in 1887, would Noli me Tangere have been considered an "educational book", but it reeks of enlightenment and liberal ideas from which the reader can learn from. That is why the Florence Agreement is unequivocal in its prohibition of duties on books. 

Please forward this or disseminate this in any way you can. In the name of reading. 

UPDATE: Please read The Bibliophile Stalker's own take on the issue. He provides counterpoints to some of the factual statements in the McSweeney's article and on the practical impact of the duties, all of which are well worth considering.

I'd also like to add. With this issue, there has also been accompanying talk on how corruption may have motivated these customs duties. I think though that we should also consider, as a possible (if not more probable) factor, Republic Act No. 9335, passed in 2005. This law establishes a rewards and incentives system for employees fo the BIR and the Bureau of Customs if their bureaus exceed their respective revenue targets for the year. Certainly, this law highly motivates the BIR and the Customs personnel to increase revenue collections, and we have to be on the lookout that they do so without breaking the law.

28 CommentsChronological   Reverse   Threaded
jancam27 wrote on May 4, '09
this is horrendous news. will email this to friends and spread the word. thanks for the heads up. may I link this article?
oxar2001law wrote on May 4, '09
Sure, the more people know about it, the greater the pressure on them to reverse course.
oxar2001law wrote on May 4, '09
Click here to Digg Manolo Quezon's Inquirer article on the subject.

You can also read his article here.

Also check out The Unlawyer's thoughts.
adastra wrote on May 4, '09
Oh this is so infuriating!

I'll link this too, Oli. I hope that as it gets passed around the internet, it will reach the people who can do something about it. (Like, say, one of our schoolmates, Andrea Pasion-Flores, who is Exec. Dir. of the National Book Development Board)
oxar2001law wrote on May 4, '09
Sure thing JM. It would be great if Andrea could help out.
pgenrestories wrote on May 4, '09
Hey, I also know Atty. Andrea! I'll email her too!
oxar2001law wrote on May 4, '09
JM: Might DECS ASSEC JEM be able to help?
adastra wrote on May 4, '09
Yeah, I was thinking that. Will get in touch with him.
dangcey24 wrote on May 4, '09
Thanks for sharing. I would like to share your blog and email it to as many friends as I can. WE need to do something about this.
oxar2001law wrote on May 4, '09
Thanks elfhands! The more people know, the better the chance their minds will be forced to change. This has yet to break into the mainstream media (apart from MLQ's column), hopefully that changes very soon.
oxar2001law wrote on May 4, '09
Thanks for sharing. I would like to share your blog and email it to as many friends as I can. WE need to do something about this.
Sure! You can either link here or at my mirror site over at Blogger.
kakapie wrote on May 5, '09
Hello, I hope it's okay to re-post this in my facebook account. Thank you.
oxar2001law wrote on May 5, '09
@kakapie: sure go ahead.

Good news. The word is that the National Book Development Board is as upset about this as we are. I'll leave it up to the board to come out with a public statement, but it is advised that a calmer climate may help smooth things out before this action becomes irreversible. So, steady vigilance for now, not yet time for the pitchforks.
bluzone2087 wrote on May 5, '09
Hello! Can I link this page?
@ topic: ALL SAIL TO EPIC FAIL!
oxar2001law wrote on May 5, '09
Go ahead. Link here or at my mirror site over at Blogger.
leblah wrote on May 5, '09
Oh Holy- That would explain a lot. Thanks! I'm linking this to my friends too.
suburbandude wrote on May 5, '09, edited on May 5, '09
I had my share of meddling retards from customs working at the Quezon City central post office. I purchase professional trade books online and pick it up at QC post office when I receive the registered mail notice. They keep on telling me that I have to pay custom duties PLUS VAT on books worth more than $50. I said it's okay because I haven't bought one that costs more than $50.

Then one time, I bought a book worth $45. The customs vulture told me I have to pay duties PLUS VAT for it. But my book is less than $50, I said. She said the $50 limit INCLUDES SHIPPING AND HANDLING by Amazon. She billed me P700 for duties and VAT but said if I want, I can only pay P350 if I don't demand a receipt.

Bullshit. And these are professional trade books in the first place. We're talking of knowledge transfer here and its now small, but gradual impact on nation-building in the future.
oxar2001law wrote on May 5, '09
My own position is that the Florence Agreement would also prohibit the imposition of duties on books imported through online purchases via vendors like Amazon.

Moreover, the purchase or importation of books is specifically exempted from VAT, per Section 109 of the Tax Reform Act of 1997 (as amended by Rep. Act No. 9337)
yamcam wrote on May 6, '09
This post was linked on another blog I read. I'll link this too :)
oxar2001law wrote on May 6, '09
I've updated my post to include a link to the clarificatory post of The Bibliophile Stalker's, which is well worth reading.
trixy9979 wrote on May 6, '09
This is crazy!! Guys link this on your personal pages (facebook, myspace, friendster, hi5, multiply, etc.) and hopefully someone will notice and do something about it!
oxar2001law wrote on May 6, '09
Thanks. Already, I'm quite surprised over how much traction there has been (online at least) over this issue.
louieaguinaldo wrote on May 6, '09
If you are on facebook please join the cause FILIPINOS AGAINST THE TAXATION OF BOOKS BY CUSTOMS -------
http://apps.facebook.com/causes/280535

We hope to get popular support and hopefully get the attention of some lawmakers and government officials who are in facebook. Maybe some of them will champion this cause.
cadelacerna wrote on May 7, '09
yeah :( my last amazon order was taxed almost 2000 bucks...dati wala :(
oxar2001law wrote on May 10, '09
Via MLQ3 (who gives props to Twitterer jtnord), the scanned pages of DOF Dept. Order No. 17-09, dated 24 March 2009, and published in the Philippine Daily Inquirer on Easter Sunday.

Page 1: http://www.flickr.com/photos/mlq3/3515985514/sizes/o/

Page 2: http://www.flickr.com/photos/mlq3/3515177065/sizes/o/
Comment deleted at the request of the author.
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