Rules Governing Issuance of APEC Business Visas and Creation of APEC Business Lanes

November 23, 1996

ADMINISTRATIVE ORDER NO. 302

PROVIDING THE RULES GOVERNING THE ISSUANCE OF APEC BUSINESS VISAS AND THE CREATION OF APEC BUSINESS LANES

WHEREAS, it is the declared policy of the Philippine government to promote trade and investment as instruments of economic growth and development;

WHEREAS, the Philippines as a member Economy of the Asia-Pacific Cooperation (APEC) believes in the fundamental role of mobility in the growth of APEC as a business community and supports initiatives to enhance the movement of bona fide businessmen and facilitate business-related travel in the region;

WHEREAS, there is a need to introduce a scheme in order to realize the APEC goal of facilitation of cross-border movement of bona fide businessmen from APEC member-Economies;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers vested in me by law, do hereby order the following:

SECTION 1. The Department of Foreign Affairs through the Philippine Foreign Service Posts, hereinafter called the Post, is authorized to issue, on a reciprocal basis, and subject to compliance with prescribed requirements under existing regulations, multiple entry Temporary Visitor's 9(a) visa valid for five (5 years) for a stay of fifty-nine (59) days to bona fide businessmen who carry passports issued by APEC Member Economies, namely, Australia, Brunei Darussalam, Canada, Chile, People's Republic of China, Hong Kong, Indonesia, Japan Republic of Korea, Malaysia, Mexico, New Zealand, Papua New Guinea, Singapore, Chinese Taipei, Thailand and the United States of America. This visa shall hereinafter be called the APEC Business Visa.

SECTION 2. The Department of Foreign Affairs shall enter into a reciprocal or multilateral Memorandum of Agreement or any appropriate instrument of understanding with the Economy or Economies which will extend similar visa arrangement to Filipino bona fide businessmen. The issuance of the APEC Business Visa commence on the date of the signing of reciprocal or multilateral Memorandum of Agreement between the Philippines and the other APEC Economy or Economies. cd

SECTION 3. The Post has the primary responsibility to determine the identity and admissibility of the visa applicant. The Post shall require submission of a certification from the Economy's Chamber of Commerce, or in its absence, and equivalent prestigious business organization, on the status of the applicant in the business community, police clearance certificate from the applicant's country of origin or legal residence and any other document that may be required in the individual case by the Consular Officer. The Post shall reserve the right to approve or deny the issuance of appropriate visa if the applicant's identity and admissibility is found doubtful.

SECTION 4. The APEC business visa as proposed in this Order and the guidelines relative thereto shall not apply to nationals of any Economy not listed in Section 1 of this Order. The Department of Foreign Affairs shall study the application of this Order to nationals of any non-APEC Economy whenever that Economy becomes a new member of APEC, and shall submit the Department's recommendations of the President.

SECTION 5. The Department of Foreign Affairs shall monitor the reciprocal implementation of the APEC Business Visa. It shall review the scheme whenever appropriate and submit its recommendations to the President.

SECTION 6. The Department of Trade and Industry is instructed to enjoin the cooperation of the Philippine Chamber of Commerce and Industry and other equivalent prestigious Philippine business organizations in the issuance of Certifications in favor of qualified Filipino businessmen and other acts related to the implementation of the APEC Business Visa initiative.

SECTION 7. The Department of Justice through the Bureau of Immigration is instructed to set up APEC Business Lanes at major ports of entry into the country. cdt

SECTION 8. The Bureau of Immigration shall facilitate the admission into the country of holders of valid APEC Business Visas.

SECTION 9. This Order complements and does not revoke Executive Order Nos. 168 (1994), 134 (1993) and 191 (1994).

DONE in the City of Manila, this 23 day of November, in the year of Our Lord, Nineteen Hundred and Ninety-Six.