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  • BI violating own circular, MOA?

     

    UNDER the agreement forged on April 10, 2007, between the Bureau of Immigration (BI) and the Bureau of Investments (BOI), the BI may issue temporary visitor’s visas (TVVs) upon arrival to foreign businessmen at the Ninoy Aquino International Airport, Mactan-Cebu International Airport and Davao International Airport as endorsed by the BOI, and as requested by the Philippine Chamber of Commerce and Industry (PCCI) or the Foreign Chamber of Commerce and Industry (FCCI). The FCCI pertains to the established chambers of commerce of various countries operating in the country.

    The  BOI, through its one-stop action center, must transmit to the BI’s Makati extension office the complete applications for TVVs endorsed by the PCCI or FCCI at least 48 hours before the scheduled date of arrival of the applicant.

    Requests for TVVs from the top 1,000 corporations will be coursed through the PCCI or FCCI.

    The BI will act on TVV applications within 24 hours; and, at least 24 hours before the applicant departs from the point of origin, the different international airports will be advised on the action taken.

    The BI will provide special lanes in both BI arrival and departure areas to the beneficiaries of the program. The applicant will pay $25 and P10 upon arrival.

    This memorandum of agreement (MOA) is consistent with BI Memorandum Circular AFF-06-016 dated October 16, 2006, and its implementing rules and regulations.

    In a supplemental MOA, the Federation of Filipino-Chinese Chamber of Commerce and Industry, Indian Chamber of Commerce, Korean Chamber of Commerce, and the Taiwan Chamber of Commerce and Industry will be collectively referred to as the FCCI for the purpose of the program.

    Hernandez said the effect of the MOA is also being felt in the increase in investments in the IT sector, which is the special interest of Indian businessmen, and in other industries such as mining, tourism and property development, which are the targets of Chinese investors here.

    Hernandez said the BOI supports the program of the BI “as long as it will facilitate the entry of legitimate businessmen into the country.”

    In a separate interview, Ferdinand Arbas, BI technical staff chief, said the visa-upon-arrival program (VUAP) was crafted when commissioner Marcelino Libanan assumed office on May 2007. It was conceptualized after BI kept receiving reports about fake visas issued to foreigners coming in to the country, and issued in certain diplomatic posts of the DFA abroad, which he did not identify.

    He claimed at least two consular posts of the Philippines in India had been stripped of the power to issue visas to Indian nationals after fraudulent Philippine visas were traced to them.

    “Our intention here is to liberalize the policy of immigration,” Arbas said, echoing his boss’s policy direction of merging security and business in the agency’s mandate. Libanan had explained at length about his “probusiness” thrust in a speech before the consular corps last June 25.

    Arbas explained that the 3-year period being granted to foreigners does not mean that the grantee stays here for three years.

    “Upon arrival, they would be given 90-day visas, if they want to stay, then they have to apply for an extension, and normally, we give only 2 months extension,” Arbas said. His claim was belied, however, by numerous orders, signed by Libanan’s trusted aide Atty. Edgardo Mendoza, clearly stating the grant of three-year visas, to hundreds of foreigners ahead of their arrival in the country.

    Arbas said the program requires that the potential investors should be sponsored by a local organization in the Philippines such as the Philippine Chinese Chamber of Commerce if the applicant is a Chinese national or if an Indian national, the Indian Chamber of Commerce. It is the same guideline that the BOI acknowledges, based on its MOA with Immigration.

    However, copies of the orders signed by Mendoza in BusinessMirror’s possession showed many visa recipients were not endorsed by business chambers, but by “friendship” or community associations like the Punjabi Phils. Inc. based in Zamboanga City, the Nanak Darbar Iloilo and the Cebu-Indian Friendship Association.

    The visas are issued “provided they are not members of any syndicated group in their country of origin, not fugitive of their country, and would not violate immigration and Philippine law,” Arbas said.

    Arbas explained that the pre-arranged visa is needed because the grantee will not be allowed to board an airline unless he has secured the necessary documents from the immigration and the sponsoring organization.

    Arbas cited various organizations and government agencies which have availed themselves of the VUAP since it was implemented.  For multiple entry, he cited Consul General  Guo Shachun of the embassy of People’s Republic of China and the Technical Education and Skills Development Authority (Tesda) as sponsors.

    For single entry, he cited the Asian Development Bank (ADB), Boy Scouts of the Philippines, Bureau of Soils ands Water Management, Lupon ng mga Laro sa Libangan, International Institute of Rural Reconstruction; Deutsche Bank AG (Manila), Asosasyon ng Musikong Pilipino Foundation Inc., Office of Representative Herminigildo Mandanas and the embassy of the Islamic Republic of Iran. -- MV de Leon, Paul Atienza

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