Implementing the Organization of the Bureau of Intelligence and Investigation (BII) under the Ministry of Finance

September 4, 1978

LETTER OF IMPLEMENTATION NO. 71

IMPLEMENTING THE ORGANIZATION OF THE BUREAU OF INTELLIGENCE AND INVESTIGATION (BII) UNDER THE MINISTRY OF FINANCE

Pursuant to Presidential Decree No. 1458, dated June 11, 1978, and letter dated August 18, 1978 of the President/Prime Minister creating the Bureau of Intelligence and Investigation (BII), the following directives are hereby issued for immediate implementation by the new Bureau:

1. The Anti-Smuggling Action Center (ASAC) and its Regional Offices (RASAC/DASAC) are hereby abolished effective this date;

2. All appropriations, records, equipment, properties of the abolished office shall be transferred to the appropriate divisions or units of the Bureau of Intelligence and Investigation (BII);

3. The Intelligence and Investigation Division in the Ministry of Finance shall be absorbed by the Bureau Sections, units or personnel engaged in intelligence and investigation work in the bureaus and offices under the Ministry of Finance shall be placed under the operational supervision and direction of the Bureau;

4. The Commissioner of the BII with the approval of the Ministry of Finance, is hereby instructed to organize and appoint his staff and personnel of the Bureau and its regional offices and border crossing stations, in accordance with the provision of Sec. 3, Presidential Decree No. 1458 and Sec. 1, Art. 1, Chapter 1, Part XIX of the Integrated Reorganization Plan. In staffing the Bureau, the Commissioner has the power to define the status, movement and progress of personnel. All positions in the BII are highly confidential in nature and incumbents thereof may be removed for loss of confidence by appropriate authority;

5. The Commissioner of the Bureau of Intelligence and Investigation is directed to organize the Finance Intelligence and Investigation Coordinating Committee (FIICC) to be composed of the heads of the different bureaus and offices under the Ministry of Finance, or their officially designated representatives, with the Commissioner of the BII as its permanent Chairman. The Committee shall be responsible for coordinating intelligence and investigation functions under the Ministry Finance;

6. In aid of its investigation and prosecution functions, the BII shall have the authority to issue subpoena and subpoena duces tecum requiring the appearance of witnesses and production of books and papers pertinent to investigation and inquiries thereby authorized, and to examine them and such other documents it shall need in relation to any matter it is required to investigate. Attorneys and investigators of the Bureau may administer oaths and take testimony in any investigation or inquiry. In the transaction of official business, other officers of the Bureau may administer such oath as may be necessary upon the written authorization of the Commissioner;

7. The Commissioner of the BII is instructed to absorb such personnel as may be necessary from the defunct ASAC and to integrate qualified personnel from the bureaus and offices affected by P.D. No. 1458 subject to the approval of the Minister of Finance upon prior consultation with the Director General, NISA. ASAC personnel who were terminated and/or separated by reason of non-qualification under the personnel qualification requirements of the BII shall receive termination, separation or whatever compensatory pay as provided under existing laws, Republic Acts and Presidential Decrees as may be applicable;

8. All bureaus and offices concerned are hereby directed to extend full cooperation to the BII and to expedite actions within the provisions of existing laws on matters related to the functions of the Bureau;

9. Details of organization relating to duties and functions, responsibilities and composition of the various operating units, divisions and regional offices of the Bureau of Intelligence and Investigation (BII) shall be prepared by the Commissioner of the Bureau who shall likewise formulate the necessary policies, circulars, rules and regulations implementing P.D. No. 1458, which shall be submitted to the Minister of Finance for approval;

10. Civil Service Rules and Regulations relative to appointments and other personnel actions; Provided, That they shall be entitled to the benefits and privileges normally accorded to government employees; and Provided further, that retired government employees who may be employed by the Bureau in the exigency of the service shall receive allowances commensurate to the rates of the positions they are occupying;

11. In addition to the transferred appropriation, the Commissioner shall make representations with the National Treasury and the Ministry of the Budget in order to secure allotments as may be necessary to carry out the provisions of P.D. No. 1458 out of the unappropriated balance in the National Treasury.

DONE in the City of Manila, this 4th day of September, in the year of Our Lord, Nineteen Hundred and Seventy-Eight.