General Guidelines on the Utilization and Disbursement of the Assistance to Nationals Fund (ATN) Fund

December 18, 2017

DFA DEPARTMENT ORDER NO. 16-17

 

Pursuant to the mandate of the Department of Foreign Affairs under the Revised Administrative Code of 1987 and the Declaration of Policies under Republic Act No. 8042, otherwise known as the Migrant Workers' and Overseas Filipinos Act of 1995, the protection of the rights and immediate assistance to distressed Overseas Filipino Workers (OFWs), undocumented Filipinos abroad and other Filipinos in distress overseas, collectively called "distressed Overseas Filipinos," shall be provided by the State through the Assistance to Nationals Fund (ATN Fund) under the annual General Appropriations Act (GAA), the utilization and disbursement of which shall be governed by the following guidelines:

SECTION 1. Guidelines on the Application of the Assistance to Nationals Fund. —

The ATN Fund shall be used for the following purposes:

a. Payment of tickets and costs for any possible mode of transportation for repatriation to the final destination in the Philippines, or as necessary when the distressed Overseas Filipino needs to go back abroad for medical reason in cases of illness, or legal reasons, in cases of a need to testify or appear in a court of law or quasi-judicial tribunal in a foreign jurisdiction; aTHCSE

b. Shipment of remains or cost of cremation, including reasonable charges to cremate, embalm, prepare, and transport the remains to the Philippines; including transport of such remains to the final destination such as their residences or hometowns of the deceased Overseas Filipino and a reasonable burial assistance depending on availability of funds;

c. Welfare assistance to Overseas Filipinos in distress abroad, such as provision of temporary accommodation, food and basic supplies, at reasonable amounts and period of duration, abroad or as necessary, in the Philippines upon determination of the need for such assistance, by the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or the Secretary's authorized representative;

d. For medical repatriations, which shall include expenses for the distressed Overseas Filipino's next of kin in traveling from their homes in the provinces to DFA Manila or regional offices to assist the Overseas Filipino in distress or to follow up on their cases, if any;

 Next of kin shall mean a maximum of two members of the distressed Overseas Filipino's immediate family, which may be any two of the parents, siblings, or children, including the spouse or partner, or any other person or persons that the distressed Overseas Filipino shall choose;

e. Medical attention and hospitalization for those who require emergency treatment due to accidents and sudden illness. The appropriate medical services and confinement shall be determined by the local standards of medical facilities where the subject is located, and where free medical treatment is not available;

f. Traveling expenses of personnel for ATN missions or mapping operations or missions, including reasonable means of transportation and daily subsistence allowance for the reasonable duration of the missions.

 ATN missions or mapping operations shall be composed of ATN staff and consultants hired for the purpose of ATN missions and mapping operations.

 ATN missions and mapping operations include travel and assessment of specified jurisdictions for the purpose of determining facts and circumstances pertinent to the parameters of Overseas Filipinos' legal and welfare assistance;

g. Traveling expenses for compassionate visits of the next of kin to distressed Overseas Filipinos on death row or life imprisonment, or to those suffering from a life-threatening illness, to and from the country of incarceration or illness, to the residence or hometown of the next of kin in the Philippines;

h. Immigration penalties and related charges, such as those for documentary stamps and related costs for securing exit visas, which shall as much as practicable be negotiated with the concerned authorities to secure waiver on the payment of the same or reduce its cost to the most minimum;

i. Deployment costs of the employer or the agency in certain cases, which shall as much as practicable be negotiated with concerned authorities with the aim to secure waiver or reduction of such costs/charges to a reasonable amount;

j. Communication expenses of ATN teams or case officers abroad or ATN teams or case officers of the Office of Migrant Workers' Affairs in the Philippines, including those for the reasonable purchase and use of mobile phones, internet connections, and other equipment in coordination and monitoring of cases;

k. Costs for hiring additional staff and consultants abroad or in the Philippines to handle ATN cases; and costs of hiring highly technical consultants for ATN work and advocacy and contract of service personnel for short term projects like ATN work during amnesty periods, mapping and other contingencies, and for longer engagements like regular case work in the home office and Posts; cAaDHT

l. Costs for documentation of cases, including photocopying, securing medical and forensic reports, and the translation and notarization of documents, both abroad and in the Philippines;

m. Costs for hiring translators and interpreters abroad and in the Philippines;

n. Costs of transportation, including gasoline and vehicle rentals as the case may be, for ATN teams or case officers on on-site visits of Overseas Filipinos or official mission or official duty on ATN cases, abroad or in the Philippines;

o. Costs of food and meals for ATN teams or case officers on official mission or official duty on ATN cases, abroad or in the Philippines;

p. Costs of public diplomacy projects to highlight the Assistance to Nationals mandate of the Department abroad or in the Philippines, which shall include engagements with the social media;

q. Costs of opening and maintaining shelters abroad for distressed Overseas Filipinos, both male and female, in the concerned Posts, including basic supplies and care packages, as determined by the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or his/her duly authorized representative;

 The costs for maintaining the shelters shall include gender-sensitive wellness and training programs for shelter wards;

r. Costs of subscriptions to incident report and threat assessment services, in high security risk countries and jurisdictions;

s. Costs of allocating appropriate security personnel to high threat areas and those under alert levels 3 to 4;

t. Costs of a 24/7 ATN communications and operations center in the Philippines or pertinent Posts, which may include call and action centers;

u. Costs of the purchase or rental of vehicles at Post or in the Philippines for ATN purposes, coordination and monitoring of cases, or the purchase or rental thereof for the Office of Migrant Workers' Affairs for said purposes;

v. Costs of training for Post and home office personnel on handling of ATN cases, which training shall include paralegal training in the concerned Posts, and security training in high risk areas;

w. ATN Standby Fund for calamities, emergencies and other contingencies to avoid the need for requesting such funds from the home office in an emergency;

x. ATN Petty Cash Fund for immediately payable or unforeseen expenses in connection with regular ATN operations;

y. ATN Rapid Response and Rescue Fund to respond immediately to urgent ATN emergency, rescue and distress cases involving Overseas Filipinos;

z. Costs for the computerization of database systems, such as an online ATN Case Management System based abroad and in the Philippines, for case retrieval and direct access to ATN cases; including Apps for this purpose;

aa. Life, accident, and medical insurance cover for ATN teams or case officers abroad or in the Philippines, with reasonable premiums paid for and contract provisions reviewed on an annual basis;

ab. Extra fees and charges or penalties for rebooking of flights in cases of repatriation, shipment of remains, ATN missions and other travel related to ATN work;

ac. Costs of hospitalization and medicines, including hospital deposits in emergency situations where an indigent distressed Overseas Filipino or an uninsured case officer is in need of immediate medical care;

ad. Costs of care packages and basic supplies for Overseas Filipino inmates during prison visits;

ae. Relevant language courses and other training programs for ATN officers and interested stakeholders abroad, such as but not limited to psychological counseling and training, emergency and rescue procedures, evacuation and repatriation operations, contingency planning, and prevention of human trafficking;

af. Training programs and seminars for Overseas Filipinos pertaining to nation-building and civic consciousness, their legal rights and the protection thereof abroad, proper understanding of the pertinent laws, customs and culture of the host country, psychological counseling, and other self-improvement initiatives such as financial literacy training and reintegration opportunities in the Philippines;

ag. Online registration of Overseas Filipinos;

ah. Costs of Advocacy and Capacity Building projects, programs, and seminars, and treaty, agreement, and compact negotiations aimed at strengthening, protecting, and promoting the rights of OFWs;

ai. Costs of global, regional, and country-specific Command Conferences for contingency planning activities of Foreign Service Posts (FSPs);

aj. Operating costs for "Embassy on wheels" consular services for Overseas Filipinos;

ak. Costs for Filipino community events in Posts that are related to ATN matters; and

al. Within reasonable parameters and subject to the availability of funds, to pursue the objectives of RA 8042 and to advance the rights and interests of distressed overseas Filipinos. aCIHcD

SECTION 2. Limitations on Repatriation. —

The repatriation of a distressed Overseas Filipino citizen shall be subject to the following conditions:

a. In cases where the distressed Overseas Filipino is a bona fide OFW, the repatriation of the distressed Overseas Filipino or his/her remains, and the transport of his/her personal effects shall be the primary responsibility of the principal employer or recruitment agency which recruited or deployed him/her. As far as practicable and considering the time constraints involved, all costs attendant thereto shall be borne by the principal or agency concerned. In cases where the ATN Fund is used, reimbursement shall be made from the concerned principal or agency.

b. The mode and method of repatriation shall be carried out through the most effective and expeditious means, taking into account the safety of the person to be repatriated.

SECTION 3. Procedure for Disbursement. —

a. After the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or the Secretary's authorized representative approves the ATN Fund request, the same shall be communicated to the Post for utilization, subject to proper documentation and accounting rules and procedures.

b. Posts shall spend ATN Funds for the purpose for which these have been requested and allocated, including any contingency or incidental costs reasonably connected to said purpose.

c. All disbursements from the ATN Fund shall be subject to existing accounting and auditing rules and regulations.

SECTION 4. Approving Authority. —

Regular ATN Fund

a. The Undersecretary for Migrant Workers' Affairs shall be the approving authority for all regular ATN Fund requirements of the Department. The Secretary of Foreign Affairs through the Secretary's authorized representative can also approve the ATN Funds.

Standby Facilities for regular ATN cases (Petty Cash Fund and Rapid Response and Rescue Fund)

b. In addition to the above, upon approval by the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or the Secretary's authorized representative, a standby facility, such as a Petty Cash Fund or a Rapid Response and Rescue Fund, shall also be available for regular ATN cases, such as for emergency and urgent needs in relation to the foregoing. Releases from this fund shall be subject to proper documentation and accounting rules and procedures.

Standby Fund Facility in Posts for calamities, emergencies and other contingencies

c. In cases of war, political instability, civil unrest, epidemics, disaster or calamities, natural or man-made, and other similar events, where a standby fund facility is necessary in the operation of assisting and protecting lives of distressed Filipino nationals, requests for such facility shall for approval of the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or the Secretary's authorized representative.

SECTION 5. Reporting Requirements. —

Regular ATN Fund

a. The concerned Post shall submit a report on the utilization of the ATN Fund to the Office of the Undersecretary for Migrant Workers' Affairs (OUMWA) and Office of Financial Management Service (OFMS) within fifteen (15) working days upon receipt of the authority to disburse the amount requested.

b. OFMS shall make a weekly report of disbursements, which shall include status of funds, itemized expenditures and list of beneficiaries, and other supporting documents to the Office of the Secretary (OSEC), the Office of the Undersecretary for Administration (OUA), the OUMWA, and the Internal Audit Service (IAS).

Standby Facilities for regular ATN cases (Petty Cash Fund and Rapid Response and Rescue Fund)

c. Disbursements by the concerned Post shall be immediately reported to the OUMWA and OFMS within seventy-two (72) hours after every expenditure from the Standby Facilities for regular ATN cases.

Standby Fund Facility for calamities, emergencies and other contingencies

d. Disbursements by the concerned Post shall be immediately reported to the OUMWA and OFMS within seventy-two (72) hours after every expenditure from the Standby Fund. After the cessation of the emergency situation, Post shall submit a report within fifteen (15) working days on the utilization of the Standby Fund. Any utilized portion of the Fund shall immediately revert to the Department.

SECTION 6. Other Meritorious Cases. — For other meritorious cases not otherwise mentioned in Section 1 hereof, and as may be determined by the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or the Secretary's authorized representative, taking into account public interest, the interest of justice and other humanitarian grounds, the use of the ATN Fund shall be effected, subject to the availability of funds and in accordance with Section 3 of this Circular.

SECTION 7. Supplementary Funding. — In cases where the Legal Assistance Fund or LAF is insufficient for its purposes, the ATN Fund may be used to supplement the former, subject to proper documentation and accounting rules and procedures. cHaCAS

SECTION 8. Interpretation. — In case of conflict in the interpretation of the provisions of this Department Order, the opinion given by the Secretary of Foreign Affairs or the Secretary's authorized representative shall prevail.

SECTION 9. Effectivity Clause. — This Department Order shall take effect fifteen (15) days after the completion of its publication in two (2) newspapers of general circulation.

SECTION 10. Repealing Clause. — All previous guidelines on the utilization of the LAF issued by the Department of Foreign Affairs inconsistent with this Department Order are hereby rendered ineffective.

SECTION 11. Separability Clause. — If any provision of this Department Order or part thereof is declared by competent authority to be unconstitutional or contrary to law, other provisions not covered by such declaration shall continue to be in full force and effect.

(SGD.) ALAN PETER S. CAYETANOSecretary of Foreign AffairsDecember 18, 2017