Guidelines for the Issuance of Pro-investment Visa Upon Arrival to Certain Individuals and Under Special Circumstances ( BI Memorandum Circular No. MCL-07-001 )

August 1, 2007

BI MEMORANDUM CIRCULAR NO. MCL-07-001

 

PURSUANT TO THE rule-making powers of the Commissioner of Immigration, and in line with the government's thrust, to attract and sustain foreign investments, the following is hereby ordered promulgated:

SECTION 1. The Program. — There is hereby established a PRO-INVESTMENT VISA PROGRAM aimed at attracting foreign Investments and sustaining Investor's confidence in the country.

SECTION 2. Scope and Coverage. — The Program shall be available to the following: TICaEc

a) foreign investors and businessmen duly endorsed by the Board of Investments (BOI), Philippine Retirement Authority (PRA), Philippine Chamber of Commerce and Industry (PCCI), local business councils, or local as well as foreign chambers of commerce and industry;

b) athletes and delegates to sports competitions, conventions or exhibitions;

c) delegates and participants to, resource, speakers in, organizers and sponsors of international conventions/ symposia/conferences; and TEDHaA

d) such other foreigners who, in the discretion of the Commissioner, may be entitled to the benefits under this Program.

SECTION 3. Validity and Conditions of the Visa. — The Visa issued under this Program shall entitle the grantee to a thirty (30) days authorized stay as a visitor under Section 9(a) of the Philippine Immigration Act of 1940, otherwise known as the Commonwealth Act No. 613, as amended. IHaCDE

SECTION 4. Procedural Requirements. — The following are the procedural requirements in processing applications and issuance of the VISA, as well as the conditions imposed therein, to wit: TEDaAc

a) The requesting party/entity shall forward the names of the respective nominees to the Special Window in the Office of the Commissioner constituted for the purpose, together with the duly accomplished application form indicating therein the complete personal circumstance of the endorsee, within five (5) working days prior to the intended date of arrival, together with a testimonial from the head of the requesting party/entity that the subject endorsee is not an excludable alien under Section 29(a) of the said Philippine Immigration Act of 1940;

b) Upon receipt of the foregoing submissions, the Special Window shall forthwith conduct a derogatory check and risk assessment, or cause the conduct of the same by appropriate units designated by the Commissioner; DaAIHC

c) Whatever dispositive action is deemed appropriate on the request/endorsement shall immediately be communicated to the requesting party for its information and guidance. In case of favorable action, the BI shall, forthwith transmit or forward the names of endorsees whose applications were approved to the respective airline companies, as well as the immigration office at the port of entry aimed at allowing the endorsee entry and arrival without need of entry visa/s;

d) Provided, that, within the initial authorized period of stay as provided in this Order, it shall be the duty of the requesting party to commence with the application process of their endorsee, for the availment of an visa that is to the latter's chosen field of endeavor, e.g. 9g for those who will be employed as workers, and/or SIRV, SRRV or Quota, as the case may be; cHDEaC

e) Provided, further, that within fifteen (15) days from date of arrival of the subject, the requesting party/entity shall render a report to the BI on the visa application that the subject may have filed, attaching in that report a copy of the said application; failing to render said report, will be considered a ground fordenial of subsequent application; and STCDaI

f) Such other conditions as may be imposed by the Commissioner.

SECTION 5. Special Investment Projects endorsed by the Government. — Foreign investors and their executives in investments that are endorsed by the government, or those resulting from bilateral agreements as well as those in response to Presidential Invitation for Investments during presidential trips abroad, may avail of the privileges under this Program. Processing of applications under this Section may be done under a modified scheme in support of trade facilitation policy. HTAIcD

SECTION 6. Special Window for International Development Partners. — Officials of World Bank, Asian Development Bank, and other international development partners, including their dependent spouse and unmarried minor children, may, in like manner, avail of the privileges granted under this Program.

SECTION 7. Multiple Entry Facility for Multinational Corporations. — Senior officials of multinational corporations which operations in the Philippines as certified to, and endorsed by the Department of Trade and Industry-Board of Investments (DTI-BOI) may be granted a Pro-Investment Visa upon arrival, subject to 48 hours notice to the Office of the Commissioner prior to officer's arrival; which, during the initial issuance thereof, shall be valid for three (3) months from the date of their admission to the country, subject to the payment of One Hundred U.S. Dollars (USD100.00) as basic application fee and such other applicable fees. Visas issued under this Section may be extended through a series of extension of six (6) months validity per extension, provided that the total aggregate length of time shall not exceed a period of three (3) years. Holders of this particular visa are entitled to multiple entry privileges. DECSIT

SECTION 8. Reportorial and Monitoring Mechanics. — The Immigration Regulation Division shall collate and consolidate all data on the issuance of visas under this Program, and shall prepare and submit a weekly report to the Office of the Commissioner.

SECTION 9. Fees and Other Charges. — All fees and charges that are currently imposed on all services involved in the processing of applications under this Program shall continue to be imposed and collected. aTcIEH

SECTION 10. Supercession Clause. — All other Bureau circulars, instructions, orders, and similar issuances that are inconsistent with this Order are hereby amended and/or modified accordingly. aASEcH

SECTION 11. Effectivity. — This Order shall take effect immediately after completion of its publication in a newspaper of general circulation.

Let copies of this Order be filed with the Office of the National Administrative Register (ONAR); UP Law Center, UP Diliman, Quezon City, Philippines.

 

(SGD.) MARCELINO C. LIBANANCommissioner

Published in the National Administrative Register, Vol. XVIII No. 3 (July-September 2007).