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Adopted: 05 July 2017
Date Filed: 17 July 2017

Whereas, the application for Grace Period of Visas requires, among others, the submission of copy of airline ticket, if applicable;

Whereas, such requirement is not indispensable to the granting of the application for Grace Period;

Whereas, the removal of the requirement shall be consistent with RA 6713 (Anti-Red Tape Act of 2007);

Now, therefore, the BI removes as a requirement for application for Grace Period the submission of a copy of a plane ticket.

This Operations Order shall take effect immediately.

Send copies of this Operations Order to the Office of the National Administrative Register, U.P. Law Center, Diliman, Quezon City.

5 July 2017.

(SGD) JAIME H. MORENTE
Commissioner

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Immigration Administrative Order No. JHM-2017-006

Strict Implementation of Visa Requirements for Passengers and Crew of Incoming Vessels

Adopted: 13 July 2017
Date Filed: 17 July 2017
WHEREAS, it is declared a policy of the State to protect life, liberty, and property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against the law of nations:

WHEREAS, Section 53 of Republic Act No. 9372 or An Act to Secure the State and Protect our People from Terrorism defines the composition of the Anti-Terrorism Council, designating the Bureau of Immigration as one of its support agencies;

WHEREAS, said Act states that council members are tasked to formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans, programs and counter-measures to suppress and eradicate terrorism in the country and to protect the people from acts of terrorism;

WHEREAS, recent events reporting possible terrorist activities involving foreign nationals prompt for stricter immigration regulation;

NOW, THEREFORE, pursuant to Book IV, Chapter 6 Sections 29 and 36(2) of Executive Order No. 292, as amended, otherwise known as the “Administrative Code of 1987”, in relation to Section 3 of Commonwealth Act No. 613, as amended, otherwise known as the “Philippine Immigration Act of 1940”, the following are herby ordered:

Section 1. Duties of the Seaport Operations Section – It is within the duties of the Seaport Operations Section to ensure that Immigration Officers will conduct boarding formalities and inspect all incoming vessels.

Immigration Officers assigned to board said vessels shall require the master of the ship or the vessel to provide the list of all crew members and passengers in the vessel, and shall ensure that they are with proper and valid immigration documents required by documentation.

Boarding formalities shall be conducted to confirm the purpose of entry, verify the length of the vessel in Philippine territorial waters, identify all Philippine ports, that the vessel intends to dock in, and monitor its scheduled departure from the country.

The Immigration Officers shall ensure that there are no stowaways on board, that proper clearance is duly granted to the crew or passengers who wishes to go off board, and that passengers are complete on departure, or that any passenger or crew left behind is properly reported, monitored, or guarded.

The Seaport Operations Section is likewise directed to coordinate and work closely with partner agencies (Customs and Quarantine) to ensure that all pertinent national policies on seaport border control are observed and implemented on board the vessel.

Section 2. Port of Call – the Notice of Arrival shall include the list of all Philippine ports the vessel intends to dock in, and each port will be subject to the approval of the Chief, IRD, as recommended by the Chief, SOS. Further, vessels with restricted nationals on board shall be prohibited from making calls in ports that are:

1. Areas of Conflict;
   
   
2. Areas of International Assembly;
   
   
3. Places where the President and/or other key officials of Government are present; and
   
   
4. Other areas that may be identified by the Commissioner or his authorized representatives.

Section 3. Visa Requirements – Vessels and its agents shall submit their Advance Notice of Arrival, along with a detailed visaed crew and passenger list, to the Chief of the Seaport Operations Section and to the Officer-in-Charge at least forty eight (48) hours before the actual arrival of the vessel.

2.1 High Risk and Restricted Passengers and Crew – Vessels and agents who are unable to comply with the visa requirement and carry on board high risk or restricted nationals, whether passenger or crew, will not be allowed to make port of calls in any port of the country unless with the express approval of the Chief, Immigration Regulation Division, as recommended by the Chief, Seaport Operations Section.

If crew members are not visaed, the Immigration Officer-in-Charge shall require the Captain or Master of the vessel to explain in writing why they were not able to secure a visaed crew list prior to their arrival in the country.

If the reasons are meritorious or among the exceptions provided by law, and the same has been approved by the Chief, SOS and Chief, IRD, the Officer shall require the payment of the crew list fee for non-restricted nationals.

2.2 Crew Exemptions – Vessels carrying high risk or restricted crew under the following categories shall not be allowed to make port of calls in any port in the country unless with the approval of the Chief, IRD, as recommended by the Chief, SOS:

1. Vessels proceeding from a port or place where no Philippine Consular Officer is stationed and it is not possible for such vessel or aircraft to comply with the crew list requirements;
   
   
2. Vessels owned entirely by the government;
   
   
3. A member of the crew of a vessel who is in possession of a appropriate individual visa or re-entry permit;
   
   
4. A member of the crew of the vessel or aircraft in whose individual case an emergency waiver of the crew list visa requirement has been granted by the Secretary of Foreign Affairs; and
   
   
5. Vessels proceeding from one foreign place or another which is diverted from the course under emergency conditions and enters the port of the Philippines provided the crew list requirement is waived by the President.

Section 4. Sanctions – Failure to comply with the above mentioned requirements shall be grounds to deny the docking of the vessel in any port of the country.

Unauthorized arrivals and departures of passengers and crew, and unauthorized dockings shall be grounds for detention of the vessel’s Captain, Master, crew, and passengers (if any), to be subjected to deportation proceedings.

Any violation shall merit an administrative fine per head to be charged against the vessel’s local agent.

Section 5. Supersession Clause – All circulars, memoranda, orders, and other issuances inconsistent with this Order are hereby repealed, amended or modified accordingly.

Section 6. Effectivity – This Order shall take effect immediately upon approval

Let a copy of this Order be furnished to the Office of the National Administrative Register (ONAR), U.P. Law Center, University of the Philippines, Diliman, Quezon City

(SGD) JAIME H. MORENTE
Commissioner
Date Signed: 13 July 2017

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Operations Order No. JHM-2017-008

Procedures and Guidelines in the Implementation of Visa Upon Arrival To Peoples Republic of China (PROC) Nationals Under Department Circular 041 Dated 15 August 2017

Adopted: 05 September 2017
Date Filed: 13 September 2017
WHEREAS, on 15 August 2017, the Department of Justice through the Secretary of Justice issued Department Circular (D.C.) 041 (Granting Visa upon Arrival to PROC nationals) pursuant to its authority under Administrative Code No. 142, s. 1994;

WHEREAS, there is a need to prescribe standard operational procedures in the disposition and implementation of D.C. 041 in ensuring that the policy are consistent, uniform, predictable and systematic;

WHEREFORE, pursuant to Section 3 of the Philippine Immigration Act of 1940, as amended, authorizing the Commissioner to issue such rules and regulations he deems necessary for the implementation of all immigration laws and all matters within the BI jurisdiction, the following guidelines are hereby promulgated and shall be strictly observed:

Section 1. COVERAGE. - The following rules on Visa upon Arrival (VUA) under CA 613 Sec 9(a), as amended, shall apply only to PROC nationals who are eligible and qualified under D.C. 041, Sec 1 and 2.

Section 2. Issuing Authority. - Temporary Visitors (TV)- Visa upon Arrival (VUA) [TV-VUA) shall be issued by the Immigration Commissioner upon recommendation by the Head-SOCU in all TV-VUA applications.

Section 3. Documentary Requirements - Application for issuance of VUA shall be supported by the following documents:

1. Letter-request addressed to the Commissioner from a BI and/ or DOT accredited Philippine tour operator or duly endorsed by a government entity, as the case may be;
   
   
2. Triplicate copies of the biographical page of the applicants valid passport;
   
   
3. Flight details of the PROC national; and
   
   
4. Affidavit of Undertaking.
   
   Affidavit of Undertaking is a sworn statement executed by the President or General Manager of the DOT and/ or BI- accredited Philippine tour operator stating that the said tour operator shall assume all liabilities for administrative fines and such other sanctions as may be imposed by BI for violation of any immigration law, rules and regulation, including costs for the repatriation of any tour group member or individual traveler who fails to abide by BI existing rules and regulation

In case of tour group consisting of 20 or more members, the requesting party shall furnish BI a soft (USB) copy of details containing the (1) name/s of PROC and if any, alias/ aliases; (2) Date of Birth; (3) Passport information (as shown in passport)

Section 4. Period to file Application for VUA - Qualified PROC shall, through the BI and/ or DOT accredited Philippine tour operator or duly endorsed by a government entity, apply and secure TV-VUA at least ten (10) days before the arrival of qualified PROC nationals as defined in Section 1 of D.C. 041.

Section 5. Payment of Fees. - Upon filing of requests, the BI and/ or DOT accredited Philippine tour operator or other persons concerned shall pay the prescribed fees in full to the BI authorized collecting officers.

For VUA Application requests	Filing Fee	Php 500.00
	Implementation Fee	Php 500.00
	Legal Research Fee	Php 20.00

 

Particulars	Nature of Fees	Amount
Individual Travelers	VUA Fee	US$ 25.00 each
	Legal Research Fee	PhP$10.00 each
Tour Group consisting of 3 to 19 members	VUA Fee	US$25.00 each
	Legal Research Fee	PhP$10.00 each
Tour Group consisting of 20 or more members	VUA Fee	US$15.00 each
	Legal Research Fee	PhP$10.00 each

Section 6. Effect of Failure to Pay Fees. - Central Receiving Unit (CRU) shall deny the receipt and docketing of VUA application requests in case of failure to pay in full the Application fee.

Section 7. VUA Content and Validity Period. - The VUA, which is valid for 30 days from issuance date, it shall include:

1. PROC name/s and if any, alias/ aliases;
   
   
2. Name of tour operator and its known address;
   
   
3. Passport details and its personal identification number;
   
   
4. VUA docket no.;
   
   
5. VUA validity

Section 8. Procedures in carrying out TV-VUA Order - The POD-SOCU shall monitor compliance with the terms and conditions of D.C. 041, viz:

1. EVALUATION, REVIEW and RECOMMENDATION - Within one (1) hour from receipt, the CRU shall immediately route the requests to the SOCU Office for its evaluation, review and recommendation.
   
   
   1. Within twelve (12) hours from receipt, SOCU-assigned personnel shall prepare a recommendation for the Commissioner via a VUA Order (for approval or denial);
      
      
   2. Within 72 hours from signing, the docketed VUA Order with official receipt shall be sent by the SOCU Office via facsimile and/ or other electronic means to the airline carrier concerned and to the Port Operations Division (POD) for implementation.

Likewise, the grant of Visa upon Arrival (VUA) to PROC nationals who are tourists-passengers on board cruise ships/vessel calling on Philippine port shall be endorsed by the Seaport Operations Section (SOS) to SOCU for evaluation, review and recommendation.

Section 9. Duties of the POD. - The POD shall implement all TV-VUA Orders pursuant to D.C. 041, viz:

1. Arriving PROC nationals with VUA Order shall be admitted as VUA
   
   
2. Primary Inspector shall process and encode arriving passengers in the Border Control Information System (BCIS) under admission type “VUA” with an authorized stay of 30 days and include as remarks “Visa upon Arrival docket no. __”. Further, the primary inspector shall highlight the name of the passport holder in the Order affix their BI Border Stamp (BIBS) in the Order presented.
   
   
3. In all cases, the primary inspection officer shall conduct biometrics capturing.
   
   
4. The Duty Immigration Supervisor shall ensure PROC national entry is consistent with the TV-VUA Order.

The POD shall submit a weekly report to the Office of the Commissioner on the PROC nationals who arrived in the country via VUA facility.

Section 10. Reporting Process. - The SOCU shall submit a Monthly Consolidated Report of all activities undertaken in relation to this Operations Order, the consolidation of which shall be the responsibility of the POD.

The POD shall comply with D.C. 041.

Section 11. PROC nationals who failed to comply with the terms and conditions of VUA. - A TV-VUA shall be valid for 30 days from arrival date; Provided, that that holder maintains an updated temporary visitor’s visa and ACR-I card for the duration of their temporary stay. Provided further, PROC nationals who availed of the VUA program shall not be allowed to apply for work/study permit or to convert to other visas unless otherwise allowed by the Commissioner upon the Legal Divisions recommendation.

Section 12. Repealing Clause and Effectivity. –

1. All rules, procedures, guidelines and previous issuances inconsistent herewith are hereby repealed and/ or modified accordingly.
   
   
2. This Operations Order shall take effect immediately upon approval.

05 September 2017.

(SGD) JAIME H. MORENTE
Commissioner

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Other Issuances Filed by the Bureau of Immigration (BI)

Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City
 

Date Filed	Issuance No.	Subject/Title	Adopted
21 July 2017	Immigration Administrative Order No. JHM-2017-008	Establishing the Bureau Immigration Counter Terrorist Group (CTG) Under the Office of the Commissioner and Defining Its Duties and Functions	19 July 2017
02 August 2017	Operations Order No. JHM-2017-007	Inclusion of Norway in the List of Countries Whose Nationals Maybe Admitted with Passport of Less Than Six Months Validity from Date of Arrival	31 July 2017
02 August 2017	Immigration Administrative Order No. JHM-2017-009	Renaming the Batangas Immigration Field Office to the Batangas Immigration District Office	27 July 2017
11 August 2017	Memorandum Order No. JHM-2017-004	Guidelines Implementing Immigration Administrative Order No. JHM-2017-008 Dated 19 July 2017 Establishing the BI Counter Terrorism Group (CTG) Under the Office of the Commissioner	09 August 2017
11 August 2017	Operations Order No. JHM-2017-008	Authority to Issue Emigration Clearance Certificates and ECC Exemption Certificates for the Puerto Princesa Palawan Field Office	08 August 2017
13 September 2017	Immigration Administrative Order No. JHM-2017-010	Prescribing the Rules Governing the Issuance of BI-Accreditation Under 15 August 2017 Department Circular 041 (Granting Visa Upon Arrival to PROC Nationals)	05 September 2017