Submission of Bureau of Quarantine (BOQ) Medical Clearance for Visa Applications of Certain Foreign Nationals

November 27, 2014

BI OPERATIONS ORDER NO. SBM-2014-059

SUBMISSION OF BUREAU OF QUARANTINE (BOQ) MEDICAL CLEARANCE FOR VISA APPLICATIONS OF CERTAIN FOREIGN NATIONALS

WHEREAS, Section 29 (a) (1) and (2), C.A. No. 613, as amended mandates the Bureau to exclude disabled foreign nationals, i.e.,idiots, senile and demented persons, insane persons, or persons with loathsome, dangerous or contagious diseases, including unaccompanied mental retardates and unaccompanied infants and minors, from the Philippines;

WHEREAS, the World Health Organization (WHO) issued a statement last 8 August 2014 declaring that the Ebola outbreak in West Africa is a Public Health Emergency of International Concern;

WHEREAS, the Bureau of Quarantine (BOQ) requires additional requirements from nationals of certain foreign countries as directed by the International Health Regulation of the (WHO);

WHEREAS, public safety and public health considerations demand the adoption of preventive measures to counteract the spread of loathsome, dangerous or contagious diseases within the Philippines;

NOW THEREFORE, pursuant to the provisions of Section 3, C.A. No. 613, as amended, and sections 29 and 36, Chapter 6, Book IV, Title III, E.O. No. 292 or the Revised Administrative Code of 1987, the following are hereby ordered:

SECTION 1. Coverage. — This Order shall apply to nationals of the countries listed under Annex "A" of this Order who arrived in the Philippines on or before June 2014 (covered foreign nationals) and who apply for any visa application enumerated in Annex "B" of this Order (covered visa applications).

SECTION 2. BOQ Medical Clearance. — Unless otherwise authorized by the Commissioner in meritorious cases, a covered foreign national shall submit an original or certified true copy of his BOQ Medical Clearance upon filing of his covered visa application with the Bureau.

SECTION 3. Status of Pending Visa Applications. — Covered visa applications pending with the Bureau prior to the effectivity of this Order shall be processed in accordance with existing rules and regulations; Provided, that the covered foreign national or his duly authorized representative shall submit the original or certified true copy of the BOQ Medical Clearance within thirty (30) days from actual notice to submit the BOQ Medical Clearance.

SECTION 4. Exception. — Unless otherwise authorized by the Commissioner in meritorious cases, the following visa applications shall only be processed upon submission of the original or certified true copy of the BOQ Medical Clearance:

a. Extension of authorized stay beyond fifty-nine (59) days;

b. Long-stay Visitor Visa Extension; and

c. Visa upon Arrival.

SECTION 5. Penalty for Non-Compliance. — The non-submission of the original or certified true copy of the BOQ Medical Clearance as provided in this order shall constitute a ground for the denial of the covered visa application or the cancellation of the approved visa, without prejudice to the imposition of appropriate penalties against the covered foreign national.

SECTION 6. Duty of Concerned Offices. —

a. Central Receiving Unit (CRU).— The CRU shall ensure that covered visa applications of covered foreign nationals shall contain the original or certified true copy of the BOQ Medical Clearance prior to transmittal to the concerned BI Office.

b. Legal Division (LD). — (i) The LD shall process covered visa applications of covered foreign nationals pending with the Bureau prior to the effectivity of this Order in accordance with section 3, subject to endorsement for post-audit by the Verification and Compliance Division (VCD). ADEaHT

 (ii) The LD shall immediately recommend to the Commissioner or Board of Commissioners the denial of covered visa applications of covered foreign nationals that fail to comply with this order, without prejudice to a Motion for reconsideration if warranted.

c. Verification and Compliance Division (VCD). — For covered visa applications endorsed by the LD for post-audit, the VCD shall notify through the fastest means available the covered foreign national or his duly authorized representative to submit the original or certified true copy of the BOQ Medical Clearance within thirty (30) days from actual notice. The VCD shall recommend the cancellation of the approved visa and the imposition of appropriate penalties to the Commissioners in case of non-compliance by the covered foreign national or his duly authorized representative.

d. BI National Operations Center (BINOC).— The BINOC shall revise the documentary checklist of the visa applications identified in Annex "B" of this Order to include the submission of an original or certified true copy of the BOQ Medical Clearance by covered foreign national.

e. Administrative Division (AD). — The AD shall post this Order in three (3) conspicuous places within the Bureau's premises and publish this Order in the Bureau's Website and two (2) newspapers of general publication within five (5) days from the effectivity of this Order.

SECTION 7. Effectivity. — This Order shall take effect within fifteen (15) days after publication in two (2) newspapers of general circulation.

 

(SGD.) SIEGFRED B. MISONCommissioner

ANNEX A

Afghanistan	Eritrea	Nigeria
Angola	Ethiopia	Papua New Guinea
Bangladesh	French Guiana	Paraguay
Benin	Gabon	Peru
Bolivia	Gambia	Pakistan
Brazil	Ghana	Rwanda
Burkina Faso	Guinea	Senegal
Burundi	Guinea-Bissau	Sierra Leone
Cambodia	Guyana	Somalia
Cameron	Iraq	Sudan
Central African Republic	Israel	Suriname
Chad	Indonesia	Syria
Colombia	Kenya	Togo
Congo	Liberia	Trinidad
Cote d'Ivoire	Mali	Uganda
Democratic Republic of Congo	Mauritania	Venezuela
Ecuador	Myanmar	Vietnam
Equitorial Guinea	Niger

ANNEX B

Immigrant Visa

Sec. 13 (a) Probationary	Sec. 13 (g)
Sec. 13 (b)	Inclusion of Dependent Spouse
	and/or Unmarried Child Below 21
	Years of Age (Immigrant Visa or
	Temporary Resident Visa)
Sec. 13 (c)	MCL-07-021 (PRV Probationary)
Sec. 13 (d)	MCL-08-003 (PRV Probationary)
Sec. 13 (e)

Non-Immigrant Visa

Sec. 9 (d) (Conversion)	Sec. 9 (g) Commercial/Missionary
	(Inclusion of Dependent Spouse
	and/or Unmarried Child Below 21
	Years of Age)
Sec. 9 (d) (Inclusion of Dependent	Law Instruction No. 33 (TRV
Spouse and/or Unmarried Child	Conversion)
Below 21 Years of Age)
Sec. 9 (e)	ADD-01-038 (TRV Conversion)
Sec. 9 (e) (Inclusion of Dependent	TVV Extension Beyond 59 Days
Spouse and/or Unmarried Child
Below 21 Years of Age)
Sec. 9 (g) Commercial (Conversion)	LSVVE
Sec. 9 (g) Missionary (conversion)

Special Visa

SEVuA	P.D. No. 1034 (Conversion)
E.O. No. 226 (Conversion)