Delisting Indian and Chinese Nationals from the "High-Risk/Restricted" Category ( BI Memorandum Circular No. MCL-07-003 )

September 28, 2007

BI MEMORANDUM CIRCULAR NO. MCL-07-003

DELISTING INDIAN AND CHINESE (PROC) NATIONALS FROM THE "HIGH-RISK/RESTRICTED" CATEGORY AND RECLASSIFYING SUCH NATIONALS TO THE "VISAED/VISA REQUIRED" CATEGORY

WHEREAS, under Commonwealth Act No. 613, as amended (Philippine Immigration Act of 1940), the Bureau of Immigration (BI) is responsible for the administration and enforcement of immigration and citizenship laws and that admission of foreigners in the Philippines. DTaSIc

WHEREAS, under Foreign Service Circular No. 18-05 issued on January 3, 2005 by the Department of Foreign Affairs (DFA), the nationals of India and China (PROC) are not included as among those nationals that the Philippines has agreements on the abolition of entry visas or may enter the country visa-free pursuant to existing laws, rules and regulations;

WHEREAS, Indian and Chinese nationals are thus considered as high-risked individuals or restricted nationals pursuant to Foreign Service Circular issued by the Department of Foreign Affairs in 1960;

WHEREAS, by the passage of time and circumstances, it has been widely accepted that said Indian and Chinese (PROC) nationals are no longer threats to Philippine national security, health and safety;

WHEREAS, Indian and Chinese (PROC) nationals have in fact been acknowledged as reputable businessmen who significantly invested and transacted business in the country and immensely contributed to our economy;

WHEREAS, the Bureau on 26 September 2007 discussed with and solicited inputs from the Department of Justice (DOJ), Department of Foreign Affairs (DFA), Department of Labor and Employment (DOLE), Department of Tourism (DOT), and NICA on their treatment and dealing with these Indian and Chinese (PROC) nationals, and these agencies unanimously agreed to the delisting and reclassification of said nationals and that there is no legal impediment or threat to national security, public health and public safety, the said delisting and reclassification; 1upnar08

NOW, THEREFORE, pursuant to the rule-making power of the Commissioner under Commonwealth Act No. 613, as amended (Philippine Immigration Act of 1940), INDIAN and CHINESE (PROC), nationals are hereby delisted from the "high-risked/restricted" category and reclassifying such nationals to the "visaed" and/or "visa required" category. cDCaTS

All Memoranda, Circulars, and issuances inconsistent with the foregoing is hereby deemed revoked, cancelled and/or nullified.

Issued in the City of Manila, this 28th day of September in the year of our Lord Two Thousand and Seven.

 

(SGD.) MARCELINO C. LIBANANCommissioner

Approved:

 

(SGD.) AGNES VST DEVANADERAActing SecretaryDepartment of Justice

Published in The Philippine Star on October 8, 2007.

Published in the National Administrative Register, Vol. XVIII No. 4 (October-December 2007).