Guidelines on the Assignment of Representatives of Partner Agencies to Philippine Foreign Service Posts

April 16, 2015

DFA JOINT CIRCULAR NO. 01-15

GUIDELINES ON THE ASSIGNMENT OF REPRESENTATIVES OF PARTNER AGENCIES TO PHILIPPINE FOREIGN SERVICE POSTS

SECTION 1. Legal Basis. — Pursuant to the relevant provisions of Republic Act 7157 or the Philippine Foreign Service Act and Executive Order No. 74, Series of 1993, One Country Team Approach, the following Guidelines are hereby issued for the compliance of Government Agencies with Overseas Offices at Foreign Service Posts. HEITAD

SECTION 2. Objectives. — These Guidelines aim to:

1. Provide uniform rules and regulations on the assignment at Foreign Service Posts (FSP) of officers and employees of Partner Agencies;

2. Strengthen cordial and productive interaction among officers and employees of the Philippine Government assigned at FSPs; and

3. Ensure compliance with applicable Philippine and host country laws, rules and regulations by all officers and employees of the Philippine Government assigned at FSPs.

SECTION 3. Definition of Terms. — For purposes of this Circular, the following terms and phrases mean:

1. Government Agency — any office of the executive branch of the Philippine Government, or any corporation owned or controlled by the Government of the Philippines;

2. Partner Agency — any department or government agency that has a designated representative in the Foreign Service;

3. Foreign Service Post (Post) — any Philippine embassy, mission, consulate general or foreign service establishment maintained by the Department of Foreign Affairs (DFA);

4. Head of Post (HOP) — the Philippine Ambassador, Permanent Representative, Consul General or other officer of the Post designated by the Secretary of Foreign Affairs (SFA) as Head of Post;

5. Representative — Officer or employee of a Partner Agency other than the DFA who is assigned at a Post;

6. One Country-Team — all officers, representatives and personnel of the Philippine government posted abroad shall, on a per country basis, act as one country-team with a mission under the leadership of the Ambassador, who shall act as team leader. In host countries where there are consulates, such consulates shall also constitute part of the country-team under the leadership of the Ambassador.

7. Inter-Department Committee — an Inter-Agency body created under Sec. 45 of Republic Act 7157, composed of an Undersecretary of Foreign Affairs, as Chairperson, and the Undersecretaries or their counterparts from Partner Agencies, as members. The Committee shall prescribe a uniform set of rules and regulations for attaché and representative services and shall meet regularly to assess the performance of their respective officers and employees abroad with the view to improve their output as well as maintaining and strengthening efficient and harmonious relationships with the chief of mission and principal officers, other government workers and representatives in the Post where they are assigned:

SECTION 4. Establishment of an Overseas Office of a Partner Agency. —

If a Partner Agency intends to establish an office or representation abroad, they shall formally inform the DFA through a letter.

If the proposed opening of the Overseas Office is its first representation in the Receiving State, the concerned Post shall ensure that the Receiving State has no objection to such opening or assignment.

If there is already an existing Overseas Office of the Partner Agency in the Receiving State, the concerned Post shall ensure that the Receiving State is informed of the assignment of a new representative: Provided, that if the representative to be assigned is a military, naval or air attaché, Post must secure the approval of the Receiving State.

The concerned Post shall report on the results of its consultations with the Receiving State to the DFA, which, in turn, shall notify the concerned Partner Agency. If the Receiving State approved such opening or assignment, the Partner Agency must submit the following documents for the nomination of its representative:

1. Name of Agency Representative to be assigned overseas;

2. Rank and position in the Agency;

3. Intended Post of Assignment;

4. Duration of tour of duty;

5. Person to be replaced, if any;

6. Tentative date of assumption; and

7. Countries/Areas to be covered by the Agency Representative.

The letter must also be accompanied with the following documents:

1. Two copies of the Representative's curriculum vitae with pictures;

2. Assignment Order from his/her Agency;

3. Clearance from the Office of the Ombudsman;

4. Clearance from the National Bureau of Investigation;

5. Service Record;

6. Pre-Departure Orientation Seminar (PDOS) Certificate, if the Representative had previously completed the PDOS given by the Foreign Service Institute (FSI); and

7. Foreign Language Certification from the FSI that he/she has undergone a basic language course or a self-study program, or a certification from a language school recognized by DFA.

Upon acceptance from the Post and accreditation from the Receiving State, the DFA shall inform the Partner Agency and allow them to proceed on the processing of their passport.

SECTION 5. Passport Issuance. —

1. Subject to the relevant provisions of Republic Act 8239 or the Philippine Passport Act and its Implementing Rules and Regulations, the DFA shall determine the appropriate passport to be issued to the Representative and his/her family and household members, if any:

2. For purposes of passport issuance, the Representative shall submit to DFA the endorsement letter from the Partner Agency with the duly accomplished passport applications of the Representative, his/her family and/or household members.

3. DFA shall forward the passport applications and supporting documents to Office of Consular Affairs for the issuance of the appropriate passports and the Note Verbal for the Representative's visa application, if necessary.

4. DFA shall also assist the Representative with his/her application for the Travel Tax Exemption Certificate.

SECTION 6. Tour of Duty. — The Partner Agencies may observe the terms and conditions on Tours of Duty under RA 7157 and relevant rules and regulations of the DFA.

1. Duration — Subject to the rotation scheme on overseas assignments of the Partner Agency, the tour of duty of the Representative may follow the rotation system of the Department, i.e., assigning officers and staff abroad for a maximum duration of six (6) years. Officers and staff assigned to hardship posts may be allowed to request for a re-assignment after three years of service. The approval of the request for re-assignment shall depend on the actual need of the Post and the qualifications and merits of the requesting assignee.

 Upon arrival at Post, the Representative shall report to the HOP. Post shall, thereafter, inform the Department of the, Representative's date of arrival and assumption at Post. The HOP should instruct the Administrative Officer and Finance Officer to brief the Representative on administrative rules and regulations, and other matters. If necessary, the Finance Officer may also issue the official certificate of emoluments to be given to the Representative based on their assimilated rank.

2. Performance Appraisal Report (PAR) — The Head of Overseas Office of Partner Agencies shall accomplish for the HOP's evaluation of his/her performance at Post in so far as administrative matters and personality traits are concerned. The duly accomplished PARs shall be submitted to the Sending Partner Agency through the DFA. The PAR to be used are those from the Partner Agencies.

3. Revalidation and Extension of Passport — Whenever the Representatives, their dependents and household staff return to Posts, their diplomatic or official passports shall be revalidated. ATICcS

 The Diplomatic or Official Passport shall be submitted to DFA together with the following documents, for purposes of passport revalidation:

a. Endorsement letter from the sending Partner Agency;

b. Accomplished passport revalidation form; and

c. A copy of their passport showing their latest arrival and departure.

 Requests for the revalidation or extension of passports for dependent children over 21 years but not exceeding 26 years of age must be accompanied by a duly authenticated certificate of enrollment from their school.

4. Leave of Absence — Vacation leave of Representatives with a duration of more than fifteen (15) working days to be spent outside the territorial jurisdiction of the host country, or more than thirty (30) working days if within said jurisdiction, shall be taken only upon approval by the Head of Partner Agency, with proper endorsement by the HOP. The vacation leave shall be granted in such a manner so as not to hamper the efficiency of the service.

 In recommending the approval of any home leave, the HOP shall certify that (1) the home leave will not impair Post's efficient delivery of services; (2) the duties and responsibilities of the Representative have been properly turned over to other personnel at Post for the duration of the leave; and (3) a replacement or substitute is not necessary.

5. Clearance from Accountabilities — The Representative shall not take advantage of the protection afforded by their official positions to evade the settlement of official and personal obligations. All financial obligations should be settled before the end of the tour of duty. For this purpose, a Certificate of Clearance shall be accomplished by the Representative being recalled to the Home Office or cross-posted to another country, specifically clearance from money and property accountabilities. The Administrative Officer shall prepare the Certificate of Clearance for approval by the HOP.

 The Representative shall be expected to settle all obligations, official or personal prior to the recall/transfer. Should the Representative depart from Post with outstanding financial liabilities, the Representative is required to execute an Affidavit of Undertaking. The Partner Agency shall be obliged to follow-up with the Representative to settle promptly these liabilities so as not to hamper the delivery of essential consular services at Post.

6. Privileges and Immunities — The privileges and immunities provisions of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations, which apply to Foreign Service Officers and staff shall, subject to conditions of the host country, apply to Partner Agency Representatives at Post.

7. Order of Precedence in the Foreign Service — Officers from Partner Agencies with assimilated ranks of Foreign Service Officers shall rank immediately after the most junior Foreign Service Officer at Post. Staff members from Partner Agencies with assimilated ranks of Foreign Service Staff Officer or Employee shall rank immediately after the most junior Foreign Service Staff Officers and Employees.

 The National Order of Precedence shall apply among officers of the different agencies represented in the Philippine Foreign Service.

8. Foreign Service Regulations. — All rules and regulations of the Foreign Service shall apply to Partner Agency Representative, unless otherwise provided for in their respective Charters.

SECTION 7. Recall. —

1. End of Tour of Duty — Before leaving the Post, the following shall be submitted by recallee to the HOP through the Administrative Officer:

a) Turn Over Report — For continuity of action, a Turn Over Report shall be submitted by recallee from the Partner Agency to the HOP, containing the status of all projects and programs undertaken, and contact persons for the continued implementation of the projects by his/her successor.

b) Certificate of Clearance from Money and Property Accountabilities — Recallee shall not take advantage of the protection afforded by their official functions to evade the settlement of just obligations. All financial obligations should be settled before the end of the tour of duty. The certificate shall be prepared by the Administrative Officer and should be signed by the HOP.

c) Return of Official/Diplomatic Passports — Upon return to the Philippines, the recallee shall surrender the diplomatic or official passport, as the case may be, to DFA, which shall then officially endorse the diplomatic/official passport to the Office of Consular Affairs — Diplomatic and Official Passports Section for proper cancellation.

 This shall also include the official/diplomatic passports issued to the recallee and family member and household staff, if any. All family members and household staff should return to Manila after the Representative's recall.

d) Return of Diplomatic or Consular Motor Vehicle Plates and IDs — At the end of his/her tour of duty, the recallee shall endorse his/her diplomatic or consular motor vehicle plates and identification cards to the Administrative Officer at Post. A certification to this effect shall be issued. The plates and IDs shall be transmitted by Post to the Ministry of Foreign Affairs of the Receiving State.

2. To avail of tax exemption or duty free entry of household and personal items, recallees shall be required to completely submit the following documents to DFA:

a. Recall or Reassignment Order (including Order of extension of tour of duty, if any) from the Head of Partner Agency concerned;

b. Death certificate, if applicable;

c. Original Bill of Lading;

d. Original Inventory List of household goods and personal effects;

e. Photocopy of applicant's passport (pp. 1-4) and page with arrival stamp;

f. Certificate of Emoluments — statement of salaries and allowances during tour of duty (from Partner Agency concerned);

g. Original Car Invoice and Deed of Sale (with English translation, if necessary);

h. Certified True Copy of the Car Registration papers (with English translation, if necessary) — the vehicle must have been registered in the name of the recallee at least six (6) months prior to the date of recall;

i. Affidavit to be executed by recallee regarding the total value of the personal effects, household goods, and motor vehicle;

j. Official request for tax exemption from the office or agency of the recallee;

k. Certification from the Partner Agency concerned that the recallee concerned has not availed of the tax exemption privilege in the last four (4) years;

l. Explanation of delayed shipment certified/noted by the Partner Agency concerned, if necessary; and

m. Broker's Authority signed by the recallee.

3. Delays or imposed charges and penalties in the release of the tax exemption to recallees due to the unsatisfactory compliance of the above documentary requirements shall not be a liability of the Department of Foreign Affairs:

SECTION 8. Transfer, Expansion or Closure of Overseas Office of Partner Agency. —

The Partner Agency shall inform the Department of Foreign Affairs which shall in turn inform the Inter-Department Committee of any proposal to transfer, expand or close their overseas offices.

SECTION 9. Defined Areas of Jurisdiction for Posts Without Overseas Office of Partner Agency. —

To address the growing needs of the service and to give appropriate assistance to Posts that do not benefit from the services of an Overseas Office of Partner Agency, a non-resident representation scheme assigning areas of jurisdiction will be applied. This scheme shall be done in consultation with the Department of Foreign Affairs.

SECTION 10. Supervisory Powers of the Head of Post. —

1. Primary Responsibility — The HOP, or in his absence, the Acting HOP, shall have the primary responsibility for the conduct of relations at the Post of assignment. Under no circumstances shall any official from an Overseas Office of Partner Agency act as Officer-in-Charge of the Embassy or Consulate in the absence of the HOP, except under the express directive of the Secretary of Foreign Affairs.

2. Immediate Administrative Supervision — Pursuant to Sec. 43 of R.A. 7157, all Partner Agency Representatives and their staff, during their tour of duty at the Post, shall be under the immediate administrative control and supervision of the HOP. Together with the Foreign Service Officers and Staff, they shall function as a One Country Team at Post.

3. Head of the Overseas Office of Partner Agency — Each diplomatic or consular mission must have only one Head of the Overseas Office of any Partner Agency, except in extraordinary cases as may be determined by the Secretary of Foreign Affairs. TIADCc

 In case there is an actual need for more than one representation in a Post, the additional officer of the Partner Agency shall be accredited as Assistant Attaché or Assistant Representative, as the case may be, except for Military Attaches who may be accredited on a reciprocal basis as Assistant Defense Attaché or as Navy Attaché, Army Attaché, or Air Attaché, in addition to the Defense and Armed Forces Attaché.

4. Complaint Mechanism — In case a Post receives complaints against a Partner Agency Representative; the HOP is authorized to conduct an investigation on the case and report immediately to the Department. The Department will transmit to the Partner Agency Post's report on the complaint. The HOP may recommend the recall or suspension of a Partner Agency Representative, if warranted.

5. Local Hires — The recruitment and appointment of local hires by a Partner Agency shall be subject to rules and regulations issued by the Department for implementation at Post.

6. Official Mission — The Head of Overseas Office of Partner Agency should inform the HOP on any official mission/activity within or outside the Post of its jurisdiction.

SECTION 11. Country Team Approach. —

1. Annual Work Plan. — The HOP shall convene regular staff meetings including Partner Agency Representatives to formulate the Work Plan of the Foreign Service Post. A copy of the work plan of the Overseas Office of Partner Agency should be furnished to the HOP for the latter's reference. Such will be integrated to the overall Work Plan of the Post.

 The HOP may give assignments to the overseas office of the Partner Agency to undertake, in the promulgation of the Work Plan of the Post.

 Copies of the Work Plan of the Post should be furnished to all Partner Agencies.

2. Visiting Officials from Partner Agency — In coordination with the Head of Post, the Partner Agency Representative shall be responsible for making administrative arrangements for their visiting officials.

3. Contingency Plans — All Partner Agencies should be involved in the planning and implementation of Post's Contingency Plan.

4. Report of Activities and Communications — Pursuant to Sec. 43 of RA 7157, the Heads of the Overseas Office of Partner Agency, shall keep the HOP informed of all matters related to their official activities and functions. This shall include furnishing the HOP with all reports or communications prepared by them for their respective agencies particularly on policy, personnel movement, operations, fund allocation and disbursement reports.

5. Public Pronouncements — The HOP shall be the only spokesperson of the Country Team. No Partner Agency Representative shall make a public policy pronouncement, except with expressed consent of the Head of Post. For impromptu or extemporaneous speeches, it is incumbent upon the Partner Agency Representative to inform the Head of Post of the nature of his/her remarks.

6. Adherence to a Code of Conduct and Ethical Standards — All Partner Agency Representatives should adhere to Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and the Civil Service Rules and Regulations.

7. Cost Sharing arrangements shall be subject of a separate understanding between the DFA and the Partner Agency concerned.

SECTION 12. Future Partner Agencies. —

Any Government Agency that intends to assign representatives abroad shall communicate in writing to the Chairperson of the Inter-Department Committee that it intends to comply with the provisions of this Circular and any amendments thereto.

SECTION 13. Separability Clause. —

If any part of this Joint Circular is declared contrary to law or unconstitutional by competent authority, the other parts not covered by such declaration shall remain in full force and effect.

SECTION 14. Effectivity. —

This Joint Circular shall take effect after fifteen (15) days from the date of filing thereof with the Office of the National Administrative Register (ONAR).

Signed on the 16th day of April 2015 at the Department of Foreign Affairs, Pasay City.

(Signatories)(SGD.) HON. LINGLINGAY F. LACANLALEUndersecretary

(SGD.) HON. SEGFREDO R. SERRANOUndersecretary

(SGD.) HON. CIRIACO A. LAGUNZAD IIIUndersecretary

(SGD.) HON. MATALIO C. ECARMAUndersecretary

(SGD.) HON. PONCIANO C. MANALO JR.Undersecretary

(SGD.) HON. PARISYA H. TARADJIUndersecretary

(SGD.) HON. EDWIN R. ENRILEUndersecretary

(SGD.) HON. MA. THERESA I. MARTINEZUndersecretary

(SGD.) HON. EDWIN R. LOPEZUndersecretary

(SGD.) MS. JUDY FRANCES A. SEESenior Vice President

(SGD.) MR. ALEXANDER HILARIO G. AGUILARSenior Vice President

(SGD.) MS. REBECCA J. CALZADOAdministrator