IRR for Memo Circular No. MCL-07-001 Re: Issuance of Pro-Investment Visa Upon Arrival to Certain Individuals ( BI Memorandum Order No. MCL-07-015 )

August 16, 2007

BI MEMORANDUM ORDER NO. MCL-07-015

 

Pursuant to the rule-making powers of the Commissioner of Immigration under Section 3 of Commonwealth Act No. 613, as amended (Philippine Immigration Act of 1940), the following rules and regulations are hereby provided to Implement Memorandum Circular No. MCL-07-001, to wit:

TITLE I

Single Entry Pro-Investment Visa Upon Arrival

RULE 1. Validity and Condition. — Visas issued under Section 2, 5 and 6 of Memorandum Circular No. MCL-07-001 shall entitle the grantee or holder to a single entry thirty (30)-day period of authorized stay as a visitor under Section 9 (a) the Philippine Immigration Act of 1940 (Commonwealth Act No. 613, as amended).

RULE 2. Who are Entitled to Avail. — The Pro-Investment Visa Upon Arrival shall be available to take following:

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 duly endorsed by its organizers and/or sponsors;

c. Delegates and participants to, resource speakers in, international conventions, symposia, conferences and similar gatherings duly endorsed by its organizers and/or sponsors;

d. 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 Invitations for Investments during presidential trips or State Visits abroad;

e. Officials of World Bank, Asian Development Bank, and other international development partners, including their dependent spouse and unmarried minor children;

f. Other foreigners who, in the discretion of the Commissioner, may be entitled to the benefits of this Program.

RULE 3. Requirements for the Issuance. — The following are the requirements for the issuance of the visa are as follows:

a. Letter of request from the requesting party/entity duly signed by its authorized representative endorsing the issuance of the visa to their nominees and containing the following information:

a.1. Nominee's name as it appears in the passport;

a.2. Nominee's place and date of birth, nationality, passport number, place and date of issuance and passport validity;

a.3. Nominee's permanent foreign and local address;

a.4. Nominee's flight details; and

a.5. Nominee's purpose of visit.

b. Derogatory clearance issued by the Bureau of Immigration; and

c. Payment of visa fee in the amount of US$ 25.00, legal research fee of PhP10.00 and other applicable fees at the point of entry.

RULE 4. Filing of Letter of Request. — The letter of request shall be filed by the authorized representative of the. requesting party/entity addressed to the Office of the Commissioner, Bureau of Immigration (Attention: Special Window for Pro-Investment Visa) at least five (5) working days prior to the intended date of arrival of the applicant, together with a testimonial that the nominee is not and excludable alien under section 29 (a) of the Philippine Immigration Act of 1940.

RULE 5. Duties of the Special Window. — (a) Upon receipt of the letter of request, the Special Window shall immediately evaluate the completeness of the information contained therein and conduct a deregatory check and risk assessment, or cause the conduct of the same by assessment, or cause the conduct of the same by units designated by the Commissioner, upon the nominee. It shall then recommend to the Commissioner whatever dispositive action is deemed appropriate on the request.

(b) The dispositive action by the Commissioner on the letter of request shall immediately be communicated by the Special Window to the requesting party/entity for its Information and guidance. In case of favorable action, the Special Window shall forthwith transmit the name/s of the nominee/s to the respective airline companies as well as the immigration office at the port of entry aimed at allowing the nominee/s entry and admission without need of entry visa/s.

RULE 6. Duties of the Requesting Party/Entity. — (a) Within the initial authorized period of nominee/s stay, the requesting party/entity shall commence the application process of its nominee/s for the availment of, or conversion to, the appropriate visa that is to the latter's chosen field of endeavor.

(b) Within fifteen (15) days from the date of arrival of the nominee, the requesting party/entity shall render a report to the Special Window on the status of the visa application that the nominee trey have filed, attaching therewith a copy of the said application. Failure on the requesting party/entity to render said report shall be a ground for the denial of any subsequent application.

TITLE II

Multiple Entry Visa Upon Arrival Facility

RULE 1. Validity and Conditions. — Visas issued under Section 7 of Memorandum Circular No. MCL-0-001 shall entitle the grantee and/or holder thereof to multiple entry privileges and valid for an initial period of three (3) months from date of admission tothe country.

RULE 2. Extensions. — Visas issued under the same Section may be extended through a series of extensions of six (6) months validity per extension, provided that the total aggregate length of time shall not exceed a period of three (3) years, inclusive the initial period of three (3) months.

RULE 3. Who are Entitled to Avail. — Senior official of multinational corporations with operations in the Philippines as certified to, and endorsed by, the Department of Trade and Industry-Board of Investments (DTI-BOI).

RULE 4. Requirements for Issuance. — The following are the requirements for the Issuance of the visa are as follows:

d.Letter of request from the multinational corporation duly signed by its authorized representative endorsing the issuance of the visa to its senior official/s and containing the following information of such official/s, to wit:

a.1. Name as it appears in the passport;

a.2. Place and date of birth, nationality, passport number, place and date of issuance and passport validity;

a.3. Permanent foreign and local address;

a.4. Flight details; and

a.5. Purpose of visit.

e. Certification from the DTI-BOI that requesting multinational corporation is doing business in, or has operations within, the Philippines;

f. Derogatory clearance issued by the Bureau of Immigration; and

g. Payment of visa fee in the amount of US$ 100.00, legal research. fee of PhP10.00 and other applicable fees at the point of entry.

RULE 5. Filing of Letter of Request. — The letter of request shall be filed by the authorized representative of the multinational corporation addressed to the Office of the Commissioner, Bureau of Immigration. (Attention: Special Window for Pro-Investment Visa) at least forty-eight (48) hours prior to the intended date of arrival of the senior official, together with a testimonial that he/she is not and excludable alien under Section 29 (a) of the Philippine Immigration Act of 1940.

RULE 6. Duties of the Special Window. — (a) Upon receipt of the letter of request, the Special Window shall, immediately evaluate the completeness of the information contained therein and conduct a derogatory check and risk assessment, or cause the conduct of the same by appropriate units designated by the Commissioner, upon the said senior official/s. It shall then recommend to the Commissioner whatever dispositive action is deemed appropriate on the request.

(b) The dispositive action by the Commissioner on the letter of request shall immediately be communicated by the Special Window to the requesting multinational corporation ation for its information and guidance. In case of favorable action, the Special Window shall forthwith transmit the name/s of the senior official/s to the respective airline companies as well as the Immigration office at the port of entry aimed at allowing the senior official/s entry and admission without need of entry visa/s.

RULE 7. Requirements; Procedure and Fees for Extension. — Except pt for the period, extensions under this type of visa shall be governed by the same requirements and procedure as well as payment of fees for extension of visas issued under Section 9 (a) of Commonwealth Act No. 613, as amended.

TITLE III

Common Provisions

RULE 1. Reportorial and Monitoring Mechanics. — The Immigration Regulation Division, in coordination with the Special Window, shall collate and consolidate all data on the issuance of all visas issued under Memorandum Circular No. MCL-07-001, and shall prepare and submit a weekly report to the Office of the Commissioner.

RULE 2. Supercession Clause. — All other orders, instructions and other similar issuances that are inconsistent herewith are hereby repealed, amended and/or modified accordingly.

RULE 3. Effectivity. — This Order shall take effect immediately.

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

August 16, 2007.

 

(SGD.) MARCELINO C. LIBANANCommissioner

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