Processing of Requests for Recall of Exclusion of and/or Visa Waiver for Excluded Foreigners

June 10, 2015

BI OPERATIONS ORDER NO. SBM-2015-016

PROCESSING OF REQUESTS FOR RECALL OF EXCLUSION OF AND/OR VISA WAIVER FOR EXCLUDED FOREIGNERS

WHEREAS, Section 29 (b), C.A. No. 613 or the Philippine Immigration Act of 1940, as amended authorizes the Commissioner to permit to enter any foreigner properly documented who is subject to exclusion;

WHEREAS, in a letter dated 25 March 2015, Assistant Secretary Wilfredo C. Santos, Office of Consular Affairs, Department of Foreign Affairs (DFA),informs that effective May 2015, their Visa Division will no longer attend to visa waiver requests from the general public, and will only consider meritorious cases of endorsed to them by accredited foreign embassies through diplomatic channels;

WHEREAS, the DFA through the said letter also recommends that excluded foreign nationals and/or their authorized representative lodge their request for visa waiver directly with the Bureau of Immigration for expeditious action as the admission of foreigners remains to be its exclusive power;

WHEREAS, the DFA through the said letter informs their standard operating procedures and general cases where favorable endorsement to the Bureau for visa waiver are issued;

WHEREAS, there is a need to standardize the process of recall of exclusion and/or visa waiver requests of excluded foreigners in relation to immigration control, regulatory, and national security purposes, all in pursuit of the mandate of the Bureau as a law enforcement agency;

NOW THEREFORE, pursuant to the rule-making power of the Commissioner of Immigration under Section 3, C.A. No. 613 and Section 29 and 36, Chapter 6, Book IV, Title III, E.O. No. 292 or the Revised Administrative Code of 1987, this Operations Order is hereby issued:

SECTION 1. Short Title.— This Operations Order shall be known as "Processing of Requests for Recall of Exclusion of and/or Visa Waiver for Excluded Aliens." CAIHTE

SECTION 2. Documentary Requirements. — All excluded foreigners desiring to be permitted to enter under Section 29 (b), C.A. No. 613, shall submit the following in applying for recall of exclusion and/or visa waiver:

1. Letter request from the excluded alien and/or authorized representative, indicating name, birth date, passport details, flight/voyage number; addressing the reason for exclusion and purpose of entry into the country; and

2. Photocopy of passport bio-page and Exclusion Order served. Photocopy of the Exclusion Order may be dispensed with for emergent reasons such a medical emergency, which must be indicated in the request;

3. Such other supporting documents as may be indicated in the request.

SECTION 3. Filing, Process Flow and Timelines.— Except for emergent meritorious cases, the request shall be filed with the Central Receiving Unit (CRU),Main Office only within 12 hours from receipt of the copy of Exclusion Order and shall be processed as follows:

Central Receiving Unit

a. Within 1 hour from receipt and docketing, the CRU shall transmit the request to the Office of the Commissioner;

Office of the Commissioner

b. Within 2 hours from receipt, the assigned evaluating officer at the Office of the Commissioner shall prepare a recommendation for the Commissioner via a draft Recall Exclusion Order (REO) and/or Visa Waiver Order (VWO) (for approval or denial);

c. Within 15 minutes from signing, the signed REO/VWO shall be sent by the Office of the Commissioner via facsimile and/or other electronic means to the BI airport/seaport terminal where the excluded alien is awaiting implementation of exclusion for appropriate action.

SECTION 4. Duty of the Terminal Head/Boarding Officer Where the Excluded Alien Arrived; Timelines.—

Exclusion Order

a. Within 1 hour from actual exclusion, Terminal Head/Supervisor/concerned TCEU Officer shall prepare or cause the preparation of an Exclusion Order concerning an excluded foreigner with sufficient details showing reason/s therefore. The excluded foreigner shall simultaneously be given a copy, notating the time and date of receipt. DETACa

Awaiting Exclusion

b. The concerned officer shall ensure that: (1) the excluded foreigner stays within the BI premises while awaiting for the next available flight; (2) physically endorsed to the airline/vessel for the next available flight/voyage out of the country; (3) the actual boarding of such excluded foreigner in the applicable flight. Provided, where there is an advice from the Commissioner of his authorized representatives to the Terminal Head/Supervisor/concerned TCEU Officer of a request for recall of exclusion/visa waiver the excluded foreigner shall remain in the Terminal pending final disposition of the request.

Decision on REO/VWO

c. Upon receipt by the Terminal Head/Supervisor/TCEU Officer of the REO/VWO, the following protocol shall be followed:

If for Approval —

c.1 Ensure that appropriate fees indicated in the REO/VWO are paid and Official Receipt numbers are reflected. If the fees are paid at the Terminal, annotate the Official Receipt numbers within the REO/VWO and send a copy through the same electronic means to the Office of the Commissioner within 30 minutes from payment.

c.2 Admit the excluded foreigner accordingly within 1 hour and cases expressly ordered by the Commissioner, retain the passport/travel document for transmittal to the Office of the Commissioner within 3 days.

If for Denial —

c.3 Ensure the excluded foreigner through the BMSU on duty personnel actually boards the next available flight/vessel;

c.4 Submit a report of Exclusion Order with details of the boarding to the Office of the Commissioner (see Annex "A").

SECTION 5. Guidance/Standards Applied in Evaluating Requests for Visa Waiver.— In evaluating requests for Visa Waiver for excluded aliens the Evaluating Officer of the Office of the Commissioner shall consider the following examples given by the DFA favorable consideration:

a. Visa-required minors or infants accompanied by or returning to a Filipino parent;

b. Visa-required foreign nationals related by blood or affinity to a Philippine Citizen;

c. Visa-required foreign nationals married to a Philippine citizen and qualified dependents below 18 years of age; and

d. Other meritorious cases as may be considered.

SECTION 6. Release of Passport. Timelines.— Upon receipt from the Terminal Head/Supervisor/TCEU Officer, the assigned officer at the Office of the Commissioner shall safe keep the passport of the alien allowed admission via approved REO/VWO.

A request for release of passport shall be filed with the CRU, Main Office and transmit to the Office of the Commissioner within 1 day.

After evaluating the request and ensuring all conditions indicated in the REO/VWO are met, the assigned officer of the Office of the Commissioner shall prepare a recommendation for the Commissioner via a draft Order allowing/disallowing the release of passport to the alien or authorized representative within 1 day.

SECTION 7. Fees.— Payment of appropriate fees are required upon approval and prior to actual admission of the excluded alien (see Annex "B").

SECTION 8. Repealing Clause.— All rules, regulations and issuances inconsistent herewith are hereby repealed, amended or modified, amended or modified accordingly.

SECTION 9. Effectivity.— This Memorandum Circular shall take effect upon publication.

Furnish a copy of this Operations Order to the Office of the National Administrative Register (ONAR),UP Law Center, Diliman, Quezon City. aDSIHc

(SGD.) SIEGFRED B. MISONCommissioner

ANNEX A

Exclusion Order

ANNEX B

Recall Exclusion Order/Visa Waiver Order Fees

REO		Application Fee — Php2,000.00
		Waiver of Exclusion Ground Fee — Php1,000.00
		Service Fee — Php500.00
		Legal Research Fee — Php30.00
		Express Lane Fee — Php500.00
VWO		Visa Application Fee — Current USD100.00
		equivalent rate
		Legal Research Fee — Php30.00
		Express Lane Fee — Php500.00