Implementation of Exclusion Orders at Ports of Entry

July 3, 2015

BI OPERATIONS ORDER NO. SBM-2015-019

IMPLEMENTATION OF EXCLUSION ORDERS AT PORTS OF ENTRY

WHEREAS, an excludable foreign national who fails to prove his admissibility under immigration law, rules and regulations shall be denied entry into the Philippines (Section 29 and 30, C.A. No. 613, as amended);

WHEREAS, the Commissioner may, in the exercise of sound discretion and for good cause, permit the entry of an excludable foreign national properly documented but who is: (a) a lawful resident in the Philippines returning from a temporary visit abroad; or (b) applying for temporary admission (Section 29 (b) (2), ibid.);

WHEREAS, an excludable foreign national must be returned to his port of origin or to his country of nationality onboard the same aircraft/vessel bringing him into the Philippines, another aircraft/vessel owned by the same interest, or a different aircraft/vessel (Section 36, ibid.);

WHEREAS, the vessel owner bears the expense of returning an excluded foreign national to his port of origin or to his country of nationality (Section 36, ibid.);

NOW THEREFORE, the following are hereby ordered pursuant to the rule-making power of the Commissioner under Section 3, C.A. No. 613 or the Philippine Immigration Act of 1940, as amended:

SECTION 1. Exclusion Order. — A foreign national found to be excludable by the Immigration Officer who conducted primary inspection and the Travel Control Enforcement Unit (TCEU) personnel who conducted secondary inspection shall be denied entry into the Philippines, unless otherwise directed by the Commissioner.

The decision to exclude a foreign national shall be embodied in an Exclusion Order jointly signed and executed by the said Immigration Officer and TCEU personnel and noted by the Duty supervisor.

SECTION 2. Contents of the Exclusion Order. — The Exclusion Order must clearly state:

a. The personal details (i.e., full name, alias, date of birth, nationality, passport number) of excluded foreign national as appearing in his passport or travel document;

b. The date when the exclusion case occurred;

c. The port of entry where the exclusion case occurred;

d. The legal ground/s relied upon in the exclusion of the foreign national;

e. The material and relevant facts of the exclusion case; Provided, that classified information received from foreign embassies, local or international law enforcement agencies, and other government offices shall not be disclosed or divulged to any person, including the excluded foreign national;

f. The necessary expenses to be incurred in the implementation of the Exclusion Order;

g. Other recommendations (i.e., blacklisting in the implementation of the Exclusion Order; ETHIDa

SECTION 3. Service of the Exclusion Order Service of the Exclusion Order; Retention of Custody Pending Implementation of Exclusion Order. — The TCEU personnel shall immediately serve Exclusion Order to the excluded foreign national, copy furnished the Office of the Commissioner, the aircraft/vessel owner or his authorized agent, and the BI National Operations Center (BINOC).

Pending implementation of the Exclusion Order, the TCEU shall maintain physical and legal custody over the excluded foreign national, under close guard of the Border Monitoring and Security Unit (BMSU). The Duty Supervisor shall immediately notify the aircraft/vessel owner or his authorized agent of the exclusion case to enable the latter to arrange the removal of the excluded foreign national.

SECTION 4. Implementation of the Exclusion Order; Duties of the BMSU; Expense of Removal. — Within twenty four (24) hours from exclusion, the TCEU, through the BMSU, shall:

a. Board the excluded foreign national on the same or next available flight or voyage, unless otherwise directed by the Commissioner or his duly authorized representative.

Any directive, instruction, or order originating from any person not authorized by the Commissioner shall be immediately reported thru the fastest means to the Commissioner or his information and further action.

b. Turn-over physical custody over the excluded foreign national and his travel documents to the aircraft/vessel owner or his authorized agent and ensure actual boarding on the same or next available flight or voyage.

Any expense necessary to implement an Exclusion Order shall be paid by the aircraft/vessel owner or his authorized agent.

SECTION 5. Joint and Solidary Obligation to Dispose Exclusion Cases. — It shall be the joint and solidary obligation of the Immigration Officer who conducted primary inspection, the TCEU personnel who conducted secondary inspection, and the BMSU personnel to:

a. Encode the exclusion case in the BCIS and the Records Maintenance Facility (RMF);

b. Encode the final disposition of the exclusion case in the BCIS and RMF, as indicated in the Exclusion Order;

c. Serve a copy of the Exclusion Order to the excluded foreign national, the Office of the Commissioner and the aircraft/vessel owner or his authorized agent;

d. Maintain physical and legal custody over the excluded foreign national pending implementation of the Exclusion Order; and,

e. Board the excluded foreign national on the same or next available flight/voyage.

Non-compliance with above-cited duties and functions shall be administratively dealt with, without prejudice to any civil or criminal liability.

SECTION 6. Monthly Report of Exclusion Cases. — The Chief, POD shall submit a monthly report of all exclusion cases to the Office of the Commissioner, copy furnished the Head, Counter Intelligence Unit (CIU), for monitoring and reference.

The Chief, POD shall also maintain a file copy of the Exclusion Order mentioned in this Order for ready Reference.

SECTION 7. Separability Clause. — If any part or provision of this Order is declared invalid or unconstitutional, any part or provision not affected thereby shall remain in full force and effect.

SECTION 8. Repealing Clause. — All rules, regulations or issuances inconsistent with this Order are hereby repealed, amended, or modified accordingly.

SECTION 9. Effectivity Clause. — This Order takes effect immediately.

For strict compliance.

(SGD.) SIEGFRED B. MISONCommissioner