DOJ/BI' Latest Memo: Departure Formalities for Tourist Travellers

GUIDELINES ON DEPARTURE FORMALITIES FOR INTERNATIONAL-BOUND PASSENGERS IN ALL AIRPORTS AND SEAPORTS IN THE COUNTRY

DOJ Manila Memorandum dated 03 January 2012

Pursuant to Republic Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003”, and its Implementing Rules and Regulations, Republic Act No. 8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995”, as amended by Republic Act No. 10022 and other related laws, the following guidelines, providing for definite parameters in the strict enforcement of immigration departure formalities intended for the prevention of trafficking in persons, illegal recruitment, and other related offenses, are hereby promulgated for strict implementation/compliance by all concerned:   

TOURIST TRAVELERS

A traveler intending to go abroad with a tourist/temporary visitor’s visa shall be subjected to:

1. Primary Inspection

During primary inspection, the following documents shall be required from a traveler:

• a) Passport
• b) Visa when required
• c) Roundtrip Ticket

2. Secondary Inspection

2.1 The Bureau of Immigration shall conduct a secondary inspection of a traveler, when deemed necessary, for the purpose of protecting vulnerable victims of human trafficking and illegal recruitment and other related offenses, through the assessment of the following circumstances:

• a) Age
• b) Educational attainment
• c) Financial capability to travel

• i. If not financially capable to travel, an authenticated affidavit of support, indicating therein the relationship within the 4^th civil degree of consanguinity or affinity, together with the supporting documents, may be entertained; and
• ii. An affidavit of undertaking/ guaranty may likewise be entertained.

2.2 Any passenger/traveler who will be subjected for secondary inspection shall be required to accomplish the Bureau of Immigration Border Control Questionnaire (BCQ) to be furnished by the Immigration Officer.

2.3 However, the following shall automatically be subjected to secondary inspection:

• a) Travelers without financial capacity to travel escorted/accompanied by a foreigner who is not related;
• b) Minor traveling alone or unaccompanied by either parent or legal guardian without the required travel clearance from the Department of Social Welfare and Development (DSWD);
• c) Repatriated irregular workers, in which case, travel may not be allowed without the clearance from the IACAT (generate data);
• d) Partners and spouses of foreign nationals intending to depart to meet and/or marry his/her fiancé without the CFO Guidance and Counseling Certificate;
• e) Passengers traveling to counties with existing deployment bans, alert levels and travel advisories and those in possession of a visas to the said countries; and
• f) Passengers who stayed abroad for more than one (1) year during a previous departure from the country as a tourist/temporary visitor, intending to depart for the second and/or subsequent time.

2.4 Clarificatory questions may be propounded relating to the above-mentioned documents/purpose by the Bureau of Immigration.
2.5 A traveler found to be misrepresenting the purpose of his/her travel as tourist shall not be cleared for departure.


Bureau of Immigration: GENERAL GUIDELINES
1. Travelers presenting fake/fraudulent passports, documents, immigration stamp shall be confiscated by the BI without prejudice to any other action that may be taken against said passenger.

• 2. The Bureau of Immigration shall turn-over the confiscated passports and other fake/fraudulent documents to the DOJ-IACAT for appropriate action.
• 3. Passengers who were not cleared for departure by reason of vulnerability to trafficking, illegal recruitment, or other related crimes, shall be immediately turned over by the Bureau of Immigration to the IACAT Task Force or to designated agency/ies for mandatory services provision, such as temporary shelter, legal assistance, or psycho-social interventions, and for more in-depth information-gathering.
• 4. Immigration Officers, in the performance of their functions and duties, shall adhere to the principles of Courtesy, Accountability, Responsibility, Efficiency and Service (BI – C.A.R.E.S.). The Bureau shall, likewise, institute a mechanism for immediate feedback and redress of grievances of passengers.
• 5. All agencies and Task Forces designated for the purpose of combating trafficking in persons, illegal recruitment, and other related crimes are hereby directed to revise existing procedures and systems to complements these guidelines within one (1) month from the effectivity thereof, to be submitted to the IACAT and PTFAIR for review and evaluation.