BI Memorandum Circular No. MCL-09-002 Guidelines and Procedures in the Accreditation of Private Entities and Their Representatives in the Bureau of Immigration

February 18, 2009

BI MEMORANDUM CIRCULAR NO. MCL-09-002

GUIDELINES AND PROCEDURES IN THE ACCREDITATION OF PRIVATE ENTITIES AND THEIR REPRESENTATIVES IN THE BUREAU OF IMMIGRATION

Pursuant to the powers vested to the Commissioner by the Philippine Immigration Act of 1940 and in consonance with the requirements of Administrative Order (AO) 241 issued by the Office of the President of the Republic of the Philippines dated October 2, 2008 mandating the speedy implementation of Republic Act No. 9485, otherwise known as the Anti-Red Tape Act of 2007, and in furtherance to the attainment of the goals of the BI Corruption Prevention Action Plan (CPAP) project, the following are the prescribed guidelines and procedures in accrediting private entities: DACTSa

SECTION 1. Qualifying Private Entities for Accreditation in the Bureau. — EAcIST

Application for accreditation shall be made in writing addressed to the Commissioner (Attention Chairman, Accreditation Center).

Only Accredited Private Entity (APE) i.e. travel agencies, law offices, other private entities and their authorized representatives duly issued with BI-Accreditation ID's shall be allowed to transact business with the Bureau, for and on behalf of any alien with respect to their admission, registration, citizenship and other immigration matters.

Each APE shall be allowed a maximum of two (2) representatives.

SECTION 2. Accreditation Requirements. —

Applicants shall comply with all the accreditation requirements enumerated in the attached Annex A.

SECTION 3. Terms and Validity. —

Accreditation of travel agencies, law firms and other private entities shall be granted upon compliance of the requirements enumerated in Annex A and upon which they will be issued accreditation certificates. Accreditation ID shall be issued to the APE representative upon approval of accreditation.

Accreditation shall only be granted by the Bureau upon full compliance of the requirements by both the APE and its representative/s. The APE must submit itself to integrity check by the personnel of the Accreditation Center and its representative/s are required to undergo training by the BI's training center. Only thereafter shall the Accreditation Certificate and Identification Card be issued to the APE and its representative/s.

The accreditation of APE and their authorized representatives shall be valid for one (1) year from date of issue, unless terminated by specific order of the Commissioner arising from violation/s of BI laws, guidelines and procedures in accreditation and the Affidavit of Undertaking hereto attached as Annex B.

SECTION 4. Bond. —

To ensure faithful compliance with their obligations under their Affidavit of Undertaking and the BI customized Code of Conduct, all APE, except law offices, shall post a bond in the amount of 100,000.00 Php, either in cash or surety taken at and issued by the GSIS or any of the Top 3 private insurance or surety company as certified by the Insurance Commission, at the option of the Commissioner. SCHTac

SECTION 5. "No ID-No Entry" Transaction Policy. —

No person shall be allowed to enter the premises of the Bureau and transact business therein without being accredited and issued a valid accreditation ID prominently displayed at all times while in the Bureau premises except the following:

a. Passport owner or his immediate relative provided such relative was issued a duly notarized Special Power of Attorney.

b. Bona fide lawyer transacting business for his client.

c. Bona fide employee of the company or other entity where the alien is employed provided that his transaction involves only one passport or the direct dependents of the alien employee and that he was issued a duly notarized Special Power of Attorney executed by a responsible officer of the company.

d. Responsible officer of the accredited private entity.

All accreditation IDs shall be co-terminus with the validity of their offices' accreditation. Expired accreditation IDs which were not surrendered and continued to be used inside the BI premises shall be confiscated by the Civil Security Unit (CSU) and turned over to the Accreditation Center for appropriate action, notwithstanding possible sanction against the APE and its representative.

Special passes shall be issued to the above-mentioned persons by the Commissioner or his duly authorized representative under such terms as he may impose.

Any person caught transacting business in the Bureau without accreditation shall be banned from the premises.

SECTION 6. Accreditation/Renewal/ID Fee. —

All representatives of travel agencies, liaison officers of law offices and other entities are enjoined to be members of the Bureau of Immigration Accredited Representatives Association (BIARA) which shall endorse their application for accreditation/renewal to the BI. The Bureau of Immigration may not accredit or renew accreditation of APE representatives without prior endorsement from the BIARA. However, lawyers are not required to be members of BIARA. cDAISC

Accreditation fee shall be 5,000.00 Php and the renewal fee is P3,000.00. Issuance of New ID is 1,000.00 Php and the renewal thereof is 500.00 Php.

SECTION 7. Monitoring and Evaluation. —

The Accreditation Center shall:

a. monitor and evaluate the status and performance of APE and their authorized representatives, as well as their compliance with the prescribed guidelines and procedures.

b. submit to the Chairman of the Composite Committee on Good Governance (CCGG) its report, findings and recommendations including the imposition of appropriate sanctions/penalties.

c. enforce full compliance of accreditation requirements and obligations under the Affidavit of Undertaking and related provisions of the BI Code of Conduct. DcAaSI

d. devise an effective regular review process of accreditation requirements with the end in view of revising them for efficient transactions at the Bureau.

e.evaluate and conduct investigation on complaints against APE as well as their authorized representatives.

f. conduct integrity check based on sets of standard and requirements on APE and their representatives prior to their accreditation.

SECTION 8. Budget Allocation. —

a. A percentage of the proceeds from accreditation and training fees shall be allocated to cover for expenses incurred by the Accreditation Center in the performance of its functions i.e. transportation costs, integrity checks and other related activities. The Chairman of the Accreditation Center shall determine the budget for this purpose.

b. For transparency and efficient management, the Accounting Section shall submit to the Accreditation Center regular financial reports derived from accreditation and related fees.

SECTION 9. Compliance with Related Provisions of the BI Code of Conduct. —

APE and their authorized representatives are prohibited to scout clients within the Bureau premises. Moreover, they are not allowed to influence Bureau employees to engage in activities for pecuniary gain within BI premises as this may constitute direct violations to provisions of the BI Code of Conduct, i.e., Conflict of Interest, Nepotism, among others. Further, the Accreditation Center shall strictly implement the provision of its customized Code of Conduct on the restriction for accrediting APE and their authorized representatives with employee-relatives in the Bureau. cSTCDA

SECTION 10. Renewal. —

Requirements for the renewal of accreditation are enumerated in the attached Annex C.

SECTION 11. Training and Re-training. —

The Bureau shall conduct related trainings for APE and their duly authorized representatives. Topics shall cover basic provisions of the Philippine Immigration Act but not limited to RA 9485 and its implementing rules and regulations, duties and obligations of the APE and its authorized representatives, BI Code of Conduct, basic security policies and procedures and merit-based performance evaluation system.

SECTION 12. Service Charter. —

All APE and their authorized representatives shall strictly adhere to the Service Charter of the Accreditation Center (Annex D) which may be modified as the need arises in proper coordination with the Civil Service Commission.

SECTION 13. Sanctions and Penalties. —

The Bureau, through the Commissioner, reserves the right to suspend or revoke the accreditation of any law offices, travel agencies, firms and other entities upon careful evaluation or during investigation of complaint/s filed against any of their respective liaison officer/representative or lawyer. If Bureau officials are convinced that the subject APE and/or its duly authorized representative indeed violated any of the BI laws, rules or procedure of accreditation or the Affidavit of Undertaking based on evidence presented, it likewise reserves the right to forfeit a portion or the total amount of Cash Bond of the erring APE.

SECTION 14. Supercession Clause. —

All previous circulars, instructions, orders and issuances on accreditation are hereby superseded, amended and/or modified accordingly.

SECTION 15. Effectivity. —

This Circular shall take effect immediately upon completion of its publication in a newspaper of general circulation.

Let copies of this Circular be filed with the Office of the National Administrative Register (ONAR), UP Law Center, UP Diliman, Quezon City, Philippines, the Civil Service Commission, Office of the Resident Ombudsman, the Presidential Anti-Graft Commission and the Development Academy of the Philippines. EaIcAS

(SGD.) MARCELINO C. LIBANANCommissioner

ANNEX A

CHECKLISTS OF REQUIREMENTS FOR NEW APPLICANTS FOR BI-ACCREDITATION

I. TRAVEL AGENCY/OFFICE

a. Letter request for accreditation duly signed by the President/Manager;

b. Current accreditation with the Department of Tourism;

c. Certificate of Registration with the Securities and Exchange Commission and the Articles of Incorporation and By-Laws of Corporation or Partnership, OR registration with the Department of Trade and Industry (in case of Single Proprietorship); HCTaAS

d. Current Mayor's/Business License;

e. Current Income Tax Return of the agency and proof of payment together with the Audited Financial Statement duly received by the BIR;

f. Cash Bond of P100,000.00 and Affidavit of Undertaking;

g. Specimen signature of the Manager/President; and

h. Payment of Accreditation fee of P5,000.00 upon approval;

i. Affidavit of Undertaking;

j. Contract of Lease, as applicable;

k. Billing Statements.

II. TRAVEL AGENCY/OFFICE LIAISON OFFICERS

a. Letter request from the President/Manager stating therein the name/s of the authorized liaison officer/s;

b. Information Sheet with the two (2) copies of latest passport-size picture with white background;

c. Notarized Bio-data with latest picture;

d. Fingerprint by liaison officer taken at the BI Fingerprint Section;

e. Current NBI Clearance (Original);

f. Contract of Employment/Appointment letter stating the date of employment, salary and term;

g. Income Tax Return for the previous taxable year duly received by the BIR and proof of payment OR Alpha list duly received by the BIR;

h. Pay slips for the last 3 months;

i. Proof of remittances of the company's SSS contribution (R3 & R5) for the last quarter; EAcIST

j. Photocopy of company issued ID;

k. Seminar/Training Certificate (Seminar Fee of P5,000.00 inquire at Training Center, 4/F, BI Bldg., Tel. # 301-0975); and

l. Payment of ID Fee of P1,000.00;

m. Affidavit of Undertaking.

III. LAW OFFICES

a. Letter from the Managing Partner requesting for accreditation of the law office;

b. Certificate of Registration with the Securities and Exchange Commission (SEC) and the Articles of Incorporation and By-Laws of Corporations or Partnership OR registration with the Department of Trade and Industry (DTI) (in case of Single Proprietorship);

c. Current Mayor's Permit and Business License;

d. Current Income Tax Return of the company, and proof of payment together with the Audited Financial Statement, duly received by the Bureau of Internal Revenue (BIR);

e. Affidavit of Undertaking;

f. Specimen signature of Managing Partner;

g. Payment of Accreditation fee of P5,000.00, to be paid upon approval of application.

IV. LAW OFFICE REPRESENTATIVES/PARALEGALS

a. Letter request from Managing Partner requesting accreditation of their authorized liaison officer/s or representatives;

b. Endorsement of their accreditation application from BIARA (Bureau of Immigration Accredited Representative Association);

c. Information Sheet with two (2) copies of latest passport-sized pictures with white background; EACIaT

d. Notarized Bio-data with latest picture;

e. Fingerprint by liaison officer, taken at the BI Fingerprint Section;

f. Current NBI Clearance (Original);

g. Contract of Employment/Appointment Letter stating date of employment, salary, and term;

h. Income Tax Return for the past two (2) years, proof of payment, AND Alpha list duly received by the BIR;

i. Pay slips for the last three (3) months;

j. Proof or remittances of the company's SSS contribution (R3 & R5) for the last quarter;

k. Photocopy of company-issued ID;

l. Seminar/Training Certificate (Seminar Fee (5,000.00) [BI Training Center Tel. # 301-0975, 4th floor, BI Main Office]; and

m. Accreditation ID fee of P1,000.00, to be paid upon approval of application;

n. Affidavit of Undertaking.

V. REQUIREMENTS FOR LAWYERS

a. Letter request for accreditation;

b. Information Sheet with two (2) copies of latest passport-sized pictures with white background;

c. Certified True Copies of Professional Tax Receipt (PTR), and Integrated Bar of the Philippines (IBP) Official Receipt;

d. Accreditation ID fee of P1,000.00 to be paid upon approval of application. aCcSDT

VI. CONSULTANCIES AND OTHER ENTITIES

a. Letter request for the accreditation duly signed by the President/Manager;

b. Certificate of Registration with the Securities and Exchange Commission (SEC) and the Articles of Incorporation and By-Laws of corporations or partnerships, or registration with the Department of Trade and Industry (in case of Single Proprietorship);

c. Current Mayor's/Business Permit;

d. Current Income Tax Return of the company, and proof of payment together with the Audited Financial Statement duly received by the BIR; HDITCS

e. Affidavit of Undertaking;

f. CASH BOND of P100,000.00;

g. Specimen signature of President/Manager;

h. Contract of Lease, as applicable;

i. Billing Statements;

j. Accreditation fee of P5,000.00 which shall be paid upon approval of application.

VII. COMPANY/ENTITY REPRESENTATIVES

a. Letter request from the President/Manager, stating therein the names of the authorized liaison officer/s;

b. Endorsement from BIARA (Bureau of Immigration Accredited Representatives Association);

c. Information Sheet with two (2) copies of latest 2x2 picture with white background;

d. Notarized Bio-data of the liaison officer/representative;

e. Fingerprint of each liaison officer at the BI Fingerprint Section;

f. Current NBI Clearance (ORIGINAL);

g. Contract of Employment of the liaison officer/representative with the applicant/petitioner signature;

h. Income Tax Return for the last two (2) years duly received by the BIR and proof of payment or Alpha list duly received by the BIR;

i. Pay slips for the last 3 months;

j. Proof of remittances of the company's SSS contribution (R3 & R5) for the last quarter; ITHADC

k. Photocopy of company-issued ID;

l. Affidavit of Undertaking;

m. Seminar/Training Certificate (Seminar Fee P5,000.00. Inquire at the Training Center Tel. #301-0975, 4th floor, BI Main Bldg.);

n. ID Fee of P1,000.00 for each applicant which shall be paid upon approval of application.

ANNEX B

AFFIDAVIT OF UNDERTAKING

I, ______________________, Filipino, of legal age and capacity, after having duly sworn in accordance with law, hereby depose and state, to wit:

1. That I am the Managing Partner/President/General Manager of __________________________, a law office/travel agency/company with address at _____________________ and duly accredited with the Bureau of Immigration.

2. That I am executing this Affidavit of Undertaking in my said capacity.

3. That I declare and undertake that the law office/travel agency/company, myself or any of its officer, employee will not submit any fake, spurious or tampered documents or be involved in "fixing/facilitation activities" in transacting business with the Bureau.

4. That I also undertake all persons, whose visa applications are coursed through our law office/travel agency/company shall be required personally sign, thumbmark and accomplished their respective application forms.

5. That I also undertake to surrender the BI-accreditation ID's issued to liaison officers/representatives of the law office/travel agency/company who have and will have ceased to be connected with the agency or are otherwise no longer entitled to hold such ID's.

6. That I am aware of an acknowledge authority of the Bureau to forfeit a portion or the total amount in cash bond which I posted for accreditation, upon the filing of a complaint or pending investigation of the same when the Bureau is convinced, based on the supporting evidence presented, that our liaison officer/representative indeed violated any of the BI laws, rules and procedures or this Affidavit of Undertaking. HCTaAS

7. That I am aware of and acknowledge the authority of the Bureau of Investigation to suspend and/or ban the law office/travel agency/company and/or its liaison officers/representatives from transacting business with the Bureau, and/or cancel its accreditation in case of commission of the prohibited acts mentioned above.

8. That the sanctions mentioned in this Affidavit are without prejudice to criminal cases that may be filed if so warranted.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ________________ in __________________.

_______________

REPUBLIC OF THE PHILIPPINES)

SUBSCRIBED AND SWORN to before me this ______ day of ___________ at _________________, affiant exhibited to me his/her Community Tax Certificate No. ______, issued at ____________ on ______________.

Doc. No. _____Page No. _____Book No. _____Series of ______

ANNEX C

CHECKLIST OF REQUIREMENTS FOR RENEWAL OF BI-ACCREDITATION FOR PRIVATE ENTITIES (APE) AND THEIR AUTHORIZED REPRESENTATIVES

I.PRIVATE ENTITY

a. Letter request for the renewal of accreditation signed by the President/Manager for travel agencies, firms and other entities and Managing Partner for law offices;

b. Current accreditation with the Department of Tourism (for travel agencies);

c. Amendment of Certificate of Registration with the Securities and Exchange Commission and the Articles of Incorporation or Partnership and By-Laws; if there are amendments, OR renewal of registration with the Department of Trade and Industry (in case of Single Proprietorship);

d. Current Mayor's/Business Permit of the office;

e. Current Income Tax Return of the entity and proof of payment together with the Audited Financial Statement duly received by the BIR;

f. Cash Bond of P100,000.00 except for lawyers and governmental organizations; TADaES

g. List of clients served for the past year showing the name of client, nationality and nature of transaction; and

h. Payment of renewal fee of P5,000.00.

II. COMPANY/ENTITY REPRESENTATIVES

a. Letter request from the President/Manager, stating therein the names of the authorized liaison officer/s;

b. Endorsement from BIARA (Bureau of Immigration Accredited Representatives Association);

c. Information Sheet with two (2) copies of latest 2x2 picture with white background;

d. Notarized Bio-data of the liaison officer/representative;

e. Fingerprint of each liaison officer at the BI Fingerprint Section;

f. Current NBI Clearance (ORIGINAL);

g. Contract of Employment of the liaison officer/representative with the applicant/petitioner signature;

h. Income Tax Return for the last two (2) years duly received by the BIR and proof of payment or Alpha list duly received by the BIR;

i. Pay slips for the last 3 months;

j. Proof of remittances of the company's SSS contribution (R3 & R5) for the last quarter.

k. Photocopy of company-issued ID;

l. Affidavit of Undertaking;

m. ID Renewal Fee of P500.00 for each applicant which shall be paid upon approval of application. aHTcDA

n. Surrender of the old accreditation ID by liaison officers/representatives.

ANNEX D

SERVICE CHARTER FOR ACCREDITATION

NAME OF AGENCY:	BUREAU OF IMMIGRATION
	ACCREDITATION COMMITTEE
	Office of A/C Roy M. Almoro
	2nd Floor, Main Building

FRONTLINE SERVICE:	ACCREDITATION

CLIENTS:	ACCREDITATION OF LAW FIRMS,
	TRAVEL AGENCIES and OTHER
	ENTITIES Including their Liaison
	Officers

AVAILABILITY OF	Monday to Friday,
SERVICE:	7:00 AM to 5:30 PM cTSHaE

Procedure for Accreditation of Law Offices, Travel Agencies and Other Entities

CLIENT ACTION	COMMITTEE ACTION	OFFICE/PERSON	DURATION
			RESPONSIBLE	OF ACTIVITY

Submission of application	1.	CHECKING OF	Nazelyn C. Baligasay/	30 mins.
for accreditation attaching		APPLICATION	Reyly R. Cabacungan
thereto all the requirements	-	Checks/Reviews the
listed under Annex 'A'		application especially
		the documentary
		requirements
	-	Advises the applicant
		of pending documents/s,
		if there is/are any

	2.	BACKGROUND CHECK	CSU	2 Working Days
	-	If necessary, submits the
		application to CSU for
		background check on its
		company/office profile,
		derogatory information,
		track record, etc.
	-	CSU shall submit to the
		committee verification
		report

	3.	EVALUATION OF THE	Accreditation Committee	30 mins.
		APPLICATION
	-	Evaluates the application
		by scrutinizing all the
		documents submitted
		including the verification
		report of the CSU

	4.	ISSUANCE OF	A/C Roy M. Almoro/
		ACCREDITATION	Atty. Eliodoro N.	10 mins.
		CERTIFICATE	Caluya, Jr.
	-	If qualified, applicant
		shall be issued an
		Accreditation Certificate,
		otherwise, applicant shall
		be notified of the
		disapproval of application