General Guidelines on the Implementation of the Alien Registration Program (As Amended) ( BI Operations Order No. SBM-2014-043 )
September 26, 2014
September 26, 2014
BI OPERATIONS ORDER NO. SBM-2014-043
GENERAL GUIDELINES ON THE IMPLEMENTATION OF THE ALIEN REGISTRATION PROGRAM (AS AMENDED)
The Alien Registration Project (ARP) is a Department of Justice (DOJ) — Bureau of Immigration (BI) initiative based on a three-phase project. The First Phase of the Project involves the set-up and implementation of Biometric data-capturing devices. The Second and Third Phase shall implement the use of servers and data analyzing devices.
I. General Purpose
ARP shall map all aliens within the country, the program identifies them, and determines the legality of their entry and status and establishes a tax source.
ARP is specifically designed to: (i) Set-up an ARP module to capture data of aliens for the BIIS; (ii) Register all aliens with biometric data; (iii) To verify and update alien data; (iv) To install a complete BIIS software solution with the ARP as a module; and (v) To ensure full-system compliance and inter-operability with the National Justice Information System (NJIS) initiatives.
II. Legal Basis of Mandatory Implementation
Executive Order No. 292 (1987), Book IV, Title III, Chapter X, Section (31) specifically delineates the responsibilities of BI as "the administration and enforcement of immigration, citizenship, and alien admission and registration laws in accordance with the provisions of the Philippine Immigration Act of 1940, as amended.
RA 652 and CA 613 shall be the primary basis in the mandatory implementation of ARP.
III. Penalty for Non-Compliance
Non-compliance constitutes violations of RA562 and CA613 including penalties of P200.00 per month with a maximum of P2,000.00 per year.
IV. Scope
It shall be mandatory to all non-registered aliens to comply with registration under ARP in order to avail of the benefits offered by the program.
A. Registered Aliens
1. All RA 562 registered aliens due to a visa conversion shall be exempt from personal appearance and shall be automatically issued a system-generated SSRN via the ARP system, which shall appear in the new ACR I-Card design.
2. Registered aliens with expired ACR I-Cards shall pay the ACR I-Card fee and shall be issued an ACR I-Card with SSRN.
3. Registered aliens with valid ACR I-Cards shall not be required to pay the ACR I-Card fee but may voluntary request for the issuance of an ACR I-Card with SSRN subject to re-issuance fee of $20.00 and P500.00 express lane.
4. All applications for ACR I-Card issuance, re-issuance and renewal shall be subject to existing BI rules and regulations.
B. Tourists
1. Tourists with expired ACR I-Cards and whose stay exceed 59 days upon implementation of the ARP, shall be required to pay for the ACR I-Card with SSRN and register under ARP, unless an ECC was issued prior to ARP implementation.
2. Tourists with valid ACR I-Cards and whose stay exceed 59 days upon implementation of the ARP, shall not be required to pay for the ACR I-Card with SSRN but shall register under ARP.
3. Tourists without ACR I-Card and whose stay does not exceed 59 days upon implementation of the ARP, are not required to register under ARP. However, in case of voluntary registration ARP may apply.
4. Tourists whose stay exceed 59 days upon implementation of the ARP and with an ACR I-Card validity date falling within the ARP implementation period shall register under ARP.
C. Undocumented/Overstaying/Illegal Entrant/Improperly Documented/Incompletely Documented Aliens
1. The BI personnel-in-charge shall immediately register and capture the biometrics of undocumented/overstaying/illegal entrant/incompletely documented/improperly documented aliens, subject them to secondary interview, for purposes of case evaluation and forward all files to the ARP Secretariat. STcaDI
2. The ARP Secretariat shall endorse all files to LD for proper disposition.
3. The personnel-in-charge may accept certification, fine, penalty and such other payments after valid assessments and issuance of BI receipts. Payments received may also be reduced if approved by the Commissioner subject to the usual accounting and auditing rules.
4. These aliens may apply for appropriate visas provided: (i) they update their stay subject to updating fees and penalties; (ii) after updating, leave the country subject to existing immigration departure formalities and may return at least after one month from departure, provided that the alien shall have arrived/departed from their country of nationality; (iii) return as a tourist and (iv) apply for the respective appropriate visas, subject to the recommendation of LD and approval of the Commissioner.
5. An SSRN Certification shall be issued after registration, biometrics capturing and payment of certification fee of P200.00 and express lane fee of P500.00 (Annex "C").
6. Aliens under this category who cannot update their stay due to financial constraints shall be referred by BI personnel-in-charge to LD, for proper coordination with their respective embassies/consulates.
V. Special Security Registration Number (SSRN)
The Special Security Registration Number (SSRN) shall be the permanent security number for: (i) Alien whose lawful stay exceeds 59 days in the country and (ii) All other registered aliens. It shall appear in the ACR I-Card new design or the SSRN Certification to record all BI-related transactions.
The SSRN shall be issued by the ARD from existing RA562-registered aliens' database via the ARP system. ICTS shall ensure the availability of RA562-registered aliens' SSRNs in the ARP system not later than 03 November 2014.
VI. Mandatory Personal Appearance
The alien's personal appearance shall capture biometrics information, validate entries in the ARP form or facilitate secondary interview. ESAHca
ACR I-Card Registered aliens (except Tourists) are exempt from personal appearance and considered automatically-registered under ARP.
Aliens below 14 years old shall personally appear but fingerprint biometric capturing shall not be required.
The alien shall personally appear and register in any of the participating BI offices (Annex "B") allowed under the rules.
VII. Voluntary Registration
The ARP encourages voluntary registration. In this case, the BI personnel-in-charge shall perform registration and biometric capturing.
VIII. Exemptions
a. Those with valid ACR I-Cards (except Tourist ACR I-Cards);
b. Those whose stay has not exceeded 59 days; and
c. Those who are exempt from registration pursuant to law (Annex "A").
IX. Deferred Administrative Action Period
Aliens who personally appeared and registered in good faith under ARP and who may be in violation of immigration laws, rules and regulations shall be free from any arrest or prosecution for a ninety (90)-day period from registration to be able to comply with any directive relating to their immigration status. Provided, compliance with BI requirements are satisfied, no subsequent immigration-related violations are incurred after registration and they are not a fugitive or person of national interest.
The 90-day deferred administrative action period may be extended for another 30 days upon request of the alien, upon recommendation of Legal Division and approval of the Commissioner.
X. Registration in Good Faith
Registration in good faith shall be considered in future BI-program initiatives.
XI. Indigent
An indigent is one who has fallen into distress or one in need of public aid, for causes arising after his entry into the Philippines.
Indigents may be granted an exemption from payment of fees, fines penalties and other BI-related obligations based on the recommendation of the LD and upon approval by the Commissioner. A paper-based certificate bearing their SSRN number shall be issued after registration and biometrics capturing, without cost.
XII. Duties of Legal Division (LD)
a. Shall review all ARP-related recommendations of the BI personnel-in-charge for approval of the Commissioner.
b. Shall determine and recommend the proper visa to an alien ARP registrant for approval of the Commissioner.
c. Shall coordinate with consulates/embassies of those aliens referred by BI personnel-in-charge for any assistance/request relating to immigration matters.
d. Shall recommend any extension of the deferred administrative action period.
XIII. Duty of Intel Division (Intel)
Upon issuance of a Mission Order, arrest aliens in violation of any immigration laws provided it is committed: (i) outside of the deferred administrative action period; (ii) after the ARP registration or; (ii) before ARP registration when the alien is not in the act of registering.
XIV. Printing and Delivery of ACR I-Cards with SSRN
ACR I-Cards with SSRN shall only be printed in the main office and delivered to the residential address of the alien via courier services.
XV. Repeal
Any provisions of the Rules and Regulations Implementing the Alien Registration Program under Immigration Memorandum Circular No. SBM-2014-011 and other ARP memorandum inconsistent under these rules shall be deemed repealed.
(SGD.) SIEGFRED B. MISONCommissioner
ANNEX A
A. Special Immigrants (Permanent)
1. Republic Act No. 7837 US War Veteran
B. Non-Immigrants (Temporary)
1. Section 9 (a) Temporary Visitors and Executive Order No. 408 with stay less than 59 days
2. Section 9 (e) Foreign Government Official/Diplomat
3. Balikbayan
C. Special Non-Immigrants
1. Special Investors Resident Visa (SIRV)
a. E.O. 63
b. E.O. 1037
2. Special Retirees Resident Visa (SRRV)
3. Republic Act No. 8756
4. Executive Order No. 226 — Omnibus Investment Code
5. Section 47 (a) (2) Exempt
6. Section 47 (b)
7. P.D. 1034 Offshore Banking Units
8. Ecozone Visas:
a. Authority of Freeport Area of Bataan Working Visa
b. Authority of Freeport Area of Bataan Investor's Visa
c. Authority of Freeport Area of Bataan Dependents Visa
d. Special Subic Clark Investor Visa (R.A. 7227)
e. Special Subic Clark Working Visa (R.A. 7227)
f. Cagayan Economic Zone Authority (R.A. 7922)
g. Philippine Economic Zone Authority
h. Zamboanga City Economic Zone Act of 1995 (R.A. 7903)
i. Aurora Pacific Ecozone
ANNEX B
|
Bureau of Immigration
|
VIMS
|
Connectivity
|
| BAGUIO IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| CAUAYAN IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| TUGUEGARAO IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| LAOAG IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| SAN FERNANDO IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| DAGUPAN IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| BALANGA IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| ANGELES IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| CLARK IMMIGRATION ONE STOP SHOP |
YES
|
YES
|
| OLONGAPO IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| SUBIC IMMIGRATION ONE STOP SHOP |
YES
|
YES
|
| BATANGAS IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| CALAPAN IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| LEGASPI IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| LUCENA IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| NAGA IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| PUERTO PRINCESA IMMIGRATION FIELD OFFICE |
NO
|
NO
|
| CEBU IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| DUMAGUETE IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| TAGBILARAN IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| CALBAYOG IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| TACLOBAN IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| BORACAY IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| ILOILO IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| BACOLOD IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| BUTUAN IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| ILIGAN IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| OZAMIZ IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| SURIGAO IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| CAGAYAN DE ORO IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| DAVAO IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| COTABATO IMMIGRATION DISTRICT OFFICE |
YES
|
YES
|
| GENERAL SANTOS IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| GLAN IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| ZAMBOANGA IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| PEZA IMMIGRATION EXTENSION OFFICE |
YES
|
YES
|
| BOI MAKATI IMMIGRATION EXTENSION OFFICE |
YES
|
YES
|
| SANTA ROSA IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| TAYTAY IMMIGRATION FIELD OFFICE |
YES
|
YES
|
| SM NORTH IMMIGRATION SATELLITE OFFICE |
YES
|
YES
|
| GAISANO IMMIGRATION SATELLITE OFFICE |
YES
|
YES
|
| BI MAIN OFFICE |
YES
|
YES
|