Joint Circular Implementing the Memorandum of Agreement on the Handling of Tour Groups from the People's Republic of China Including its Special Administrative Region

March 6, 2015

JOINT DFA-DOJ-DOT-BI CIRCULAR NO. 001-15

JOINT CIRCULAR IMPLEMENTING THE MEMORANDUM OF AGREEMENT ON THE HANDLING OF TOUR GROUPS FROM THE PEOPLE'S REPUBLIC OF CHINA INCLUDING ITS SPECIAL ADMINISTRATIVE REGION

Pursuant to the Memorandum of Agreement (MOA) executed by the Department of Foreign Affairs (DFA), the Department of Justice (DOJ), the Department of Tourism (DOT), and the Bureau of Immigration (BI) on March 6, 2015, this Joint Circular is hereby promulgated:

SECTION 1. Procedure for Endorsement. — DOT-accredited tour operators who wish to handle tour groups from the People's Republic of China (PROC) including its Special Administrative Regions (SARs) may be endorsed by the DOT for such purpose, subject to compliance with the following requirements:

1.1 DOT-accredited Tour Operators shall enter into a Cooperation Agreement with a CNTA-accredited travel agency. The Cooperation Agreement, which must conform with the prescribed template (Annex "A"), shall be authenticated by the appropriate Philippine Foreign Service Post in the PROC;

1.2 DOT-accredited Tour Operators shall submit the following documents to the DOT as part of the minimum requirements for endorsement:

a. Original copy of the authenticated Cooperation Agreement; and

b. Affidavit of Guarantee (Annex "B").

1.3 Upon the issuance of the Letter of Endorsement, the DOT and DFA shall immediately update the centralized database for DOT-accredited tour operators and CNTA-accredited travel agencies;

 The Letter of Endorsement shall have a validity of six (6) months from the date of issuance but shall in no case exceed the validity period of its DOT Accreditation. The rights over the endorsement shall be non-transferable;

1.4 The Philippine Foreign Service Posts in PROC shall use the centralized database as basis for the recognition of CNTA-accredited travel agencies to permit them to transact visa applications for tour group members.

SECTION 2. Documentary and Fee Requirement for the Issuance of Visa. — The following requirements shall accompany the application for the issuance of visa:

2.1 Passport or Travel Document valid for at least six (6) months beyond the period of authorized stay in the Philippines.

2.2 Completed tour group application form with two (2) photocopies of the passport personal information page of each tour group member. The original copy of the form shall be presented to the Bureau of Immigration, while the photocopies shall be for the Post's record and travel agent, respectively;

2.3 Letter of Guarantee (Annex "C") executed by the DOT-accredited tour operator; and

2.4 Visa fee for each member of the Tour Group as provided for under Executive Order No. 168.

SECTION 3. Visa Processing. — Upon receipt of the Visa application with the corresponding complete requirements as provided for in Section 2, the Foreign Service Posts in PROC and its SARs shall observe the following:

3.1 Processing and releasing of visas for group tours shall not exceed three (3) working days;

3.2 Overtime fee shall not be collected;

3.3 Visas will be stamped on the back page of the application form and the following notation will be stamped on the individual application documents of each group tour member;

 

3.4 One visa number will be assigned to the tour group. Successive numerical suffixes will be added to the visa number on the individual documents of tour group members.

SECTION 4. Monitoring and Enforcement. —

4.1 Twenty Four (24) hours before the intended date of arrival of the tour group, the tour operator shall provide BI with a copy of the list of the names, dates of birth and passport numbers of the members of tour group including their flight details for the purpose of advance passenger derogatory clearance. Should any member of the tour group be included in the BI blacklist, the BI shall inform the tour operator of such fact prior to the intended date of departure in PROC;

4.2 BI shall cause the exclusion or deportation of any tour group members who fails to comply with the entry requirements or the terms and conditions of their stay in the Philippines without prejudice to the imposition of other applicable penalties under Philippine Laws;

4.3 BI shall inform the DFA, DOJ and DOT of any tour group member who is excluded or deported, as well as the names of those who fail to leave the country;

4.4 DOT and DFA shall ensure that Philippine tour operators duly accredited pursuant to this Circular shall transact business only with their counterpart foreign travel agencies who are duly accredited by the China National Tourism Administration to handle outbound tours to the Philippines.

4.5 Tour group members are not eligible for extension of their authorized stay or adjustment of immigration status;

4.6 Except in cases of medical emergency or force majeure, all tour group members must arrive to and depart from the Philippines in the same flight, as scheduled.

SECTION 5. Sanctions. —

5.1 The DOT, at its own instance or upon the recommendation of any of the parties to the MOA, may suspend or revoke the accreditation or endorsement of a Philippine tour operator who shall violate any of the provisions of this Circular without prejudice to the imposition of other applicable under Philippine laws; and

5.2 The BI may impose administrative fines against the Philippine Tour Operator who fails to comply with the terms and conditions of the Letter of Guarantee.

SECTION 6. Issuance of Additional Circular or Orders. — The parties shall, whenever it deemed necessary, issue additional circulars or orders for a more effective implementation of the MOA.

SECTION 7. Separability Clause. — The provisions of this Joint Circular are hereby declared separable and in the event that one or more of such provisions are declared invalid, the validity of all other provisions shall not be affected thereby.

SECTION 8. Effectivity. — This Circular shall take effect fifteen (15) days after publication in a newspaper of general circulation.

Done at Manila, Philippines, this _____________.

DEPARTMENT OF FOREIGN AFFAIRS

By

(SGD.) ALBERT F. DEL ROSARIOSecretary

DEPARTMENT OF TOURISM

By

(SGD.) RAMON R. JIMENEZ, JR.Secretary

DEPARTMENT OF JUSTICE

By

(SGD.) LEILA M. DE LIMASecretary

BUREAU OF IMMIGRATION

By

(SGD.) SIEGFRED B. MISONCommissioner

Published in The Philippine Star on April 19, 2015.