Thursday, March 20, 2014
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
BUREAU OF IMMIGRATION
MAGALLANES DRIVE, INTRAMUROS
1002 MANILA
MEMORANDUM
TO : ALL
CONCERNED
RE : GUIDELINES
ON DEPARTURE FORMALITIES FOR INTERNATIONAL-BOUND PASSENGERS IN ALL AIRPORTS AND
SEAPORTS IN THE COUNTRY
DATE : 10
JANUARY 2012
Please be advised that the
Department of Justice (DOJ); in a Memorandum dated 3 January 2012, has
promulgated guidelines on the departure formalities for International bound
passengers in all airports and seaports in the country.
These guidelines, formulated by the
Technical Working Group (TWG) convened by this Department, pursuant to the
resolution of the principal members of the Inter-Agency Council Against
Trafficking (IACAT) in a special meeting held on 17 October 2011, highlights
the duty of Immigraton officers to adhere to the principles of courtesy,
accountability responsibility, efficiency and service as enunciated In our
BI-CARES program.
Attached hereto is the guideline as
approved by the DOJ for your ready reference.
For strict compliance.
RICARDO A. DAVID JR.
Commissioner
GUIDELINES
ON DEPARTURE FORMALITIES FOR INTERNATIONAL-BOUND PASSENGERS IN ALL AIRPORTS AND
SEAPORTS IN THE COUNTRY
Pursuant to Republic Act No. 9208,
otherwise known as the “Anti-Trafficking in Persons Act of 2003”, and its
Implementing Rules and Regulations, Republic Act No. 8042, otherwise known as
the “Migrant Workers and overseas Filipinos Act of 1995”, as amended by
Republic Act No. 10022 and other related laws, the following guidelines,
providing the definite parameters in the strict enforcement of immigration
departure formalities intended for the prevention of trafficking in persons,
illegal recruitment, and other related offences, are hereby promulgated for
strict implementation/compliance by all concerned:
I.
TOURIST TRAVELERS
A traveller intending
to go abroad with a tourist/temporary visitor’s visa shall be subjected to:
1. Primary
Inspection
During primary
inspection, the following documents shall be required from a traveller:
a)
Passport
b)
Visa
when required
c)
Roundtrip
Ticket
2. Secondary
Inspection
2.1
The
Bureau of Immigration shall conduct a secondary inspection of a traveller, when
deemed necessary, for the purpose of protecting vulnerable victims of human
trafficking and illegal recruitment and other related offences, through the
assessment of the following circumstances:
a)
Age
b)
Educational
attainment
c)
Financial
capability to travel
i.
If
not financially capable to travel, an authenticated affidavit of support, indicating there in the relationship within
the 4th civil degree of consanguinity or affinity, together with the
supporting documents, may be entertained; and
ii.
An
affidavit of undertaking/guaranty may likewise be entertained.
2.2
Any
passenger/traveller who will be subjected
for secondary inspection shall be required to accomplish the Bureau of
Immigration Border Control Questionnaire (BCQ) to be furnished by the
immigration Officer.
2.3
However,
the following shall automatically ne subjected to secondary inspection:
a)
Travellers
without financial capacity to travel escorted/accompanied by a foreigner who is
not related;
b)
Minor
travelling alone or unaccompanied by either parent or legal guardian without
the required travel clearance from the Department of Social Welfare and
Development (DSWD);
c)
Repatriated
irregular workers, in which case, travel may not be allowed without the clearance from the IACAT (generate data);
d)
Partners
and spouses of foreign nationals intending to depart to meet and/or marry
his/her fiancé without the CFO Guidance and Concealing Certificate.
e)
Passengers
travelling to countries with existing deployment bans, alert levels and travel
advisories and those in possession of a visas to the said countries; and
f)
Passengers
who stayed abroad for more than one (1) year during a previous departure from
the country as a tourist/temporary visitor, intending to depart for the second and/or subsequent time.
2.4
Clarificatory
questions may be propounded relating to the above-mentioned documents/purpose by
the Bureau of Immigration.
2.5
A
traveller found to be misrepresenting the purpose of his/her travel as tourist
shall not be cleared for departure.
II.
OVERSEAS FILIPINO
WORKERS
1. First
Time Overseas Filipino Workers
1.1
Travelers
under this classification shall present the following documents as validated by
the Labor Assistance Centre (LAC):
a)
Passport
b)
Visa
c)
Airline/Sea
craft Tickets
d)
Overseas
Employment Certificate (OEC)
1.2
Allowable
Visa Usage (Based on POEA Rules and Regulations)
Should there be any discrepancy
in the actual job position/job title in the visa and in the Overseas Employment
Certificate, travel may nevertheless be allowed
provided that the POEA through its LAC, has validated and approved the variance
based on the following:
a)
The
visa category is related to the workers’ position or in line with the
principal’s nature of business;
b)
The
recruitment agency executes an
Undertaking on Visa Usage; and
c)
The
worker is aware of the visa discrepancy situation and has executed a Declaration of awareness and Consent.
1.3
Instance
When Visa Usage is Not Allowed (Based on POEA Rules and Regulations)
The use of Visa usage
Undertaking (VUU), however, does not, and can never, apply to Household Service
Workers (HSW). The visa category should be strictly for household-based
positions, otherwise, a traveller will not be cleared for departure and the
aforementioned documents shall be confiscated for further investigation and
appropriate action.
1.4
For
Acts involving Reprocessing of Contracts and Other Documents
OFWs in possession of
“reprocessed” documents shall not be cleared for departure.
Based on R.A. No.
10022, the following constitute acts reprocessing:
1.
The
job description/position as indicated in the work visa is different from all other
pertinent documents such as the Overseas Employment Certificate, the PDOS
Certificate, among others;
2.
The
actual job as promised or offered is different from the actual overseas work as
indicated in the pertinent papers; and
3.
The
name of the employer or hiring company as indicated in the work visa and/or
OECX are not one and the same
All documents used
under the afore-mentioned provision shall be confiscated and turned over to the
POEA for further investigation and appropriate action.
2. Balik-Manggagawa/
Returning Workers
2.1
The
following OFWs fall under the category of Balik-Manggagawa/Returning workers:
a)
Worker-on-Leave
– a worker who is on vacation or on leave from employment under a valid and
existing employment contract and who is returning to the same employer,
regardless of any change in jobsite, to finish the remaining unexpired portion
of the contract.
b)
Rehire
– a worker who was rehired by the same employer after finishing his/her
contract and who is returning to the same employer; regardless of a change in
jobsite.
c)
POLO
registered worker – a returning worker whose employment contract was not
processed with the POEA but was subsequently verified and registered with the
Philippine Overseas Labor Office (POLO) in the jobsite and who is returning to
the same employer either as a worker-on-leave or rehire, regardless of any
change in jobsite. Same employer/principal refers to the current employer of
the worker at the time he/she came home for vacation and to whom he/she is
returning to resume employment upon return to jobsite.
2.2
Balik-Manggagawa
OFWs shall be required to present the following:
a)
Passport
b)
Valid
Visa
c)
Airline/Sea
Craft Ticket
d)
OEC
issued onsite by the POLO or by the POEA
2.3
In
case of incomplete or questionable documentary requirements, the OFW shall be
referred to the POEA-LAC for further investigation and appropriate action.
3. Overseas
Filipino Workers on vacation but visiting other countries before returning to
original worksite/destination
A Balik-Manggagawa OFW with a
valid visa and existing work contract who intends to go to other countries
while on vacation need not get a POEA travel exit clearance/OEC. Hence, he/she
is considered a tourist and is not exempt from travel tax and terminal fee, but
shall be allowed to travel.
4. Special
Travel Exit Clearance
Pursuant to a Memorandum of
Agreement between POEA and BI, the following are required to secure Special
Travel Exit Clearance from the POEA:
a)
PEZA
registered companies sending their employees to South Korea for training
program with worker trainee visas;
b)
Seafarers
who are under the employment of a Philippine shipping company who are assigned
to accompany or “conduct” a vessel that is being imported by the said shipping
company from a foreign port to the Philippines, also referred to as “conduction
crew” since they remain to be under the employ of their local companies;
c)
Filipino
seafarers who are required to undergo special training abroad as prescribed by
the prospective foreign employer;
d)
Filipino
workers and spouses who are covered by the Work to Residence Policy, and who
applied for immigration to New Zealand with no pre-arranged employment with an
employer prior to their departure; and
e)
Filipino
workers required to undergo final interview or qualifying examination abroad as
prescribed by the prospective foreign employer.
III.
IMMIGRANT OR PERMANENT
RESIDENT VISA
1. Filipino
emigrants/residence visa or permit holders / permanent residence card holders
Travelers falling under this visa
category shall present the following documents for primary inspection:
a)
Passport
b)
Permanent
residence visa / immigrant visa / permanent residence card
c)
CFO
Emigrant registration sticker
d)
Airline/Sea
Craft ticket
2. Filipino
spouses and other partners of foreign nationals
Travelers falling under this visa
category shall present the following documents for primary inspection:
a)
Passport
b)
Permanent
residence permit or visa / immigrant visa / permanent residence card
c)
Guidance
and Counseling Certificate
d)
CFO
Emigrant registration sticker
e)
Airline/Sea
Craft Ticket
3. Filipino
J1 visa holders or Exchange Visitor Program Participants Departing for the USA
Travelers falling under this visa
category shall present the following documents for primary inspection:
a)
Valid
passport
b)
Valid
J1 visa for USA
IV.
SPECIAL CASES
1. FOR
FINAL INTERVIEW/QUALIFYING EXAM
Workers to undergo final
interview/qualifying exam as required by their prospective employers shall
present the Philippine Overseas Employment Administration’s (POEA) Special Exit
Clearance. In the absence of thereof, passengers shall not be cleared for
departure.
2. ON
THE JOB TRAINING
Travelers intending to depart to
another country for the purpose of on-the-job training shall present the
following additional documents:
i.
School
certification on the need for on-the-job training
ii.
Acceptance
by the host company
iii.
Certificate
of Overseas Training by the Commission on Higher Education (CHED)
3. For
relatives requesting for compassionate visit to an irregular worker abroad, a
certification from Department of Foreign Affairs (DFA-OUMWA) must be secured.
4. Immediate
family members of Overseas Filipino Workers (OFWs) travelling with a tourist /
temporary visitor’s visa shall be allowed without need of further inspection,
provided, they establish relationship within the first civil degree of
consanguinity or affinity (spouse, children and parents) with the OFW and
provided further that they present photo copies of the following documents of
the Overseas Filipino Worker:
a)
Passport
b)
Visa
c)
Overseas
Employment Certification
d)
NSO
authenticated birth/marriage certificate, as the case may be
5. Passengers who intend
to depart for intra-company trainings
abroad for less than three (3) months shall present an invitation from the
host company reflecting the duration, entitlements, travel and other incidental
expenses; while those exceeding three (3) months shall present the
corresponding Trainorship Agreement containing all the above data.
V.
GENERAL GUIDELINES
1.
Travelers
presenting fake/fraudulent passports, documents, immigration stamp shall be
confiscated by the BI without prejudice to any other action may be taken
against said passenger.
2.
The
Bureau of Immigration shall turn-over the confiscated passports and other
fake/fraudulent documents to the DOJ-IACAT for appropriate action.
3.
Passengers
who were not cleared for departure by reason of vulnerability to trafficking,
illegal recruitment, or other related crimes, shall be immediately turned over
by the Bureau of Immigration with the IACAT Task Force or to designated
agency/ies for provision of mandatory services such as temporary shelter, legal
assistance, or psycho-social interventions, and for more in-depth information
gathering.
4.
Immigration
Officers, in the performance of their functions and duties, shall adhere to the
principles of Courtesy, Accountability, Responsibility, Efficiency and Service
(BI-C.A.R.E.S). The Bureau shall, likewise, institute a mechanism for immediate
feedback and redress of grievances of passengers.
5.
All
agencies and Task Forces designated for the purpose of combating trafficking in
persons, illegal recruitment, and other related crimes are hereby directed to
revise existing procedures and systems to complement these guidelines within
one (1) month from effectivity thereof, to be submitted to the IACAT and PTFAIR
for review and evaluation.
