Rules and Regulations Governing the Rendition of Immigration Services in Offshore Areas within the Philippines

September 28, 2009

BI MEMORANDUM CIRCULAR NO. MCL-09-013

WHEREAS, the Government of the Republic of the Philippines, acting through the Department of Energy, enters into Service Contracts with private parties ("Contractors") for the exploration and development of petroleum and associated natural resources in offshore areas ("Offshore Operations") within the Philippines; HSacEI

WHEREAS, there is a need to establish a regulatory framework for the rendition of immigration services in remote offshore areas, including the payment and reimbursement of travel-related and other necessary expenses of immigration personnel, taking into account the unique circumstances obtaining in such Offshore Operations, which include, but are not limited to, the hardship concomitant with the remote locations and the nature of Offshore Operations, the long hours being on duty and on-call and the performance by immigration personnel of multiple functions given the limited room for personnel on board offshore vessels;

WHEREAS, the ensure transparent, coordinated and efficient provision of immigration services in relation to Offshore Operations within the Philippines, including effective and timely processing and issuance of clearances, certifications, permits and licenses, and provision of continuing oversight operations, in collaboration with the Department of Energy, the Bureau of Immigration, the Bureau of Customs and the Bureau of Quarantine (the "Coordinating Bureaus") wish to coordinate and harmonize the rendition of government services associated with Offshore Operations within the Philippines by their respective Bureaus, including the procedures for establishing the rates and manner of payment therefor;

WHEREAS, Section 7-A of Commonwealth Act No. 613, as amended, otherwise known as the "Philippine Immigration Act of 1940", authorizes the Commissioner on Immigration to assigned employees to perform and render overtime work at rates fixed by him when the service rendered is to be paid by shipping companies and airlines or other persons served;

WHEREAS, Section 3 of the same above cited Act, in relation to Sections 29 and 36, Chapter 6, Book IV, Title III of Executive Order No. 292, otherwise known as the "Administrative Code of 1987", empowers the Commissioner of the Bureau of Immigration (BI) to issue rules and regulations in aid of administration of immigration laws;

NOW, THEREFORE, in view of all the foregoing, the following RULES AND REGULATIONS GOVERNING THE RENDITION OF IMMIGRATION SERVICES IN OFFSHORE AREAS WITHIN THE PHILIPPINES, ESTABLISHING THE PROCEDURE FOR DETERMINING THE RATES AND PRESCRIBING THE MANNER OF PAYMENT THEREFOR, are hereby promulgated: AHaDSI

ARTICLE I

Authority to Allow Rendition of Immigration Services

SECTION 1. The Commissioner of Immigration or his duly authorized Associate Commissioner shall have the power to assign and deploy immigration personnel and employees to render services in connection with Offshore Operations within the Philippines. Such assignment shall be covered by an appropriate Personnel Order setting forth the duration of the assignment and other relevant terms and conditions, as well as any limitation on the power and functions of the personnel and employees assigned.

SECTION 2. The assignment of the above personnel and employees shall be made strictly on a rotation basis. In no instance shall the duration of an assignment be more than a period of fifteen (15) consecutive days, exclusive of travel.

ARTICLE II

Rates for Services Rendered

SECTION 3. The individual rates for the immigration services to be rendered for Offshore Operations in connection with each Service Contract within the Philippines shall be the subject of a separate appropriate Memorandum Order or Orders promulgated by the Immigration Commissioner in accordance with applicable laws and regulations and communicated to the representatives of the other members of the Coordinating Bureaus. Such rates shall take into account the unique circumstances applicable to the particular Offshore Operations. Concerns, issues and questions regarding such rates or their application shall be considered among the Coordinating Bureaus in collaboration with the Department of Energy.

ARTICLE III

Invoicing and Payment for Services

SECTION 4. After completion of the assignment of each immigration personnel and employee, he/she shall submit a report to the Office of the Immigration Commissioner of all the immigration services rendered within the duration of the assignment. After due verification, such report shall be forwarded to the Contractor, together with the bill or invoice, for the payment of such services. DHIaTS

SECTION 5. All bills or invoices must be paid in full within ten (10) days from receipt thereof unless prior thereto a written notice disputing the amounts in the bill or invoice is sent to and received by the Bureau of Immigration (BI). Where written notice of a disputed amount is submitted, all undisputed amounts shall be paid within ten (10) days from receipt of the bill or invoice. The disputed amount shall be mutually resolved by the BI and the Contractor within twenty-four (24) hours from notice thereof, and any amount determined to be payable thereafter shall be paid within ten (10) days from such determination.

SECTION 6. Payments shall be made by cash to the official cashier of the BI for deposit into its official bank account established in a duly authorized depositary bank for government funds and subject to disbursement and audit requirements as prescribed for such accounts under applicable laws and regulations. After payment, an Official Receipt covering such payment shall be issued by the BI to the Contractor.

SECTION 7. Upon payment of the billed or invoiced amount, the Contractor shall have no further obligation relative to the immigration services covered by and subject of the paid bill or invoice.

SECTION 8. All immigration personnel and employees assigned to render immigration services are prohibited from receiving payment directly from the Contractor for such services.

ARTICLE IV

Reimbursement of Travel-Related and Other Expenses

SECTION 9. The Contractor shall be responsible for all reasonable traveling, board and lodging, and other necessary incidental expenses of immigration personnel and employees in connection with Offshore Operations within the Philippines.

SECTION 10. Prior to the departure of such personnel and employees assigned to provide immigration services in connection with Offshore Operations within the Philippines, the BI shall advise the Contractor of the projected travel schedules of such personnel and employees.

SECTION 11. At the option of the Contractor, it shall either furnish airline passage tickets, hotel vouchers, meal tickets or the like, or provide cash advances, for reasonable airfare, accommodations, meals and other necessary incidental expenses associated with such project travel. Such cash advances shall be acknowledged by the Chief, Bay Service Section of the BI and shall be subject to liquidation. All tickets, vouchers, etc., or cash advances shall be returned to the Contractor if the travel is cancelled for any reason. TESDcA

ARTICLE V

Regulatory Authority

SECTION 12. Nothing herein shall diminish the authority or responsibility of the BI under applicable laws, rules and regulations. The BI shall retain full discretion to grant or deny visas, permits, clearances, certifications and licenses and take such other actions within their regulatory mandate.

ARTICLE VI

Other Provisions

SECTION 13. Any BI personnel or employee who violates any provision of this Circular shall be subject to disciplinary action consistent with existing civil service laws and regulations and any Contractor who fails to comply or violates any provision hereof shall be subject to fines and penalties provided for by existing law, rules and regulations.

SECTION 14. In the event that any of the provisions of this Circular is declared unconstitutional or invalid by competent authority, the validity of the other provisions shall not be affected by such declaration.

SECTION 15. All circular, memoranda, orders, rules, regulations and other issuances, or portions thereof, inconsistent herewith are hereby repealed or modified accordingly.

SECTION 16. This Administrative Circular shall take effect upon its complete publication in a newspaper of general circulation.

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

Done in the City of Manila, Philippines.

 

(SGD.) MARCELINO C. LIBANANCommissioner

Approved by:

 

(SGD.) AGNES VST DEVANADERAActing Secretary