The 2023 Revised Inter-Agency Council Against Trafficking (IACAT) Guidelines on Departure Formalities for International-Bound Filipino Passengers will come into effect on September 3, 2023.
The IACAT under the Department of Justice (DOJ) has approved the updated guidelines concerning Filipino travelers bound for international destinations aimed at preventing cases of human trafficking. Scheduled to take effect on September 3, 2023, the DOJ assures citizens that the 2023 Revised IACAT Guidelines on Departure Formalities for Filipino Passengers Traveling Abroad will uphold the constitutional right to travel.
GENERAL PROVISIONS
All international-bound Filipino passengers shall undergo immigration inspection for assessment, clearance, and documentation.
1. Basic Travel Documents
a. Passport, valid at least six (6) months from the date of departure;
b. Appropriate valid visa, whenever required;
c. Boarding pass; and
d. Confirmed return or roundtrip ticket, when necessary
2. Primary Inspection
2.1. The primary Immigration Officer (IO) of the Bureau of Immigration (BI) shall interview the passenger about the purpose of his/her travel and inspect the basic travel documents.
2.2. The IO may propound relevant clarificatory questions and require from the passenger additional supporting documents as enumerated in Part II of this Guidelines to establish the purpose of travel.
2.3. The primary IO shall clear the departure of a passenger who is able to sufficiently establish his/her declared purpose of travel.
2.4. The primary IO shall defer the departure of a passenger based on the following grounds:
Presentation of fraudulent, falsified, or tampered travel or supporting documents; or
Refusal to undergo primary inspection.
2.5. The primary IO shall refer the following passengers for secondary inspection:
· Those who failed to establish their purpose of travel during primary inspection;
· Those with inconsistent or insufficient travel or supporting documents;
· Those unable to show proof of financial capacity to travel and are accompanied by a foreign national who is not a relative by consanguinity or affinity up to the fourth (4th) civil degree;
· Those traveling, with or without a visa, to countries under Alert Level Three (3) or Four (4) as determined by the Department of Foreign Affairs (DFA) and those with relevant deployment bans as determined by the Department of Migrant Workers (DMW);
· Those who previously stayed abroad for over six (6) months as a tourist or previously misrepresented any travel information, and are intending to travel again for the same purpose;
· f. Those with active deferred-departure records; or
· g. Those identified and reported by the IACAT Anti-Trafficking Task Force (IACAT-ATTF) or other government agencies as a potentially trafficked/illegally recruited person or a suspected trafficker/illegal recruiter.
2.6. In case the primary IO defers the departure of the passenger or refers him/her for secondary inspection, the primary IO shall inform the passenger of the ground for deferment or referral. The primary IO shall then require the passenger to accomplish a Border Control Questionnaire (BCQ) which shall contain the primary IO’s assessment and action.
3. Secondary Inspection
3.1. The secondary IO shall interview the passenger about the purpose of his/her travel and shall conduct further examination of his/her supporting documents which may include database referencing and referral of documents for laboratory examination.
3.2. During the inspection, the secondary IO shall consider the totality of the circumstances of the passenger which includes, but is not limited to, the purpose of travel, country/ies of destination, duration of stay, travel history, age, financial capacity or source of income consistent with the passenger’s declared purpose of travel, and educational background. Thereafter, the secondary IO shall either allow or defer the departure of the passenger.
3.3. The secondary IO shall defer the departure of the passenger upon a finding of any of the following grounds:
· Refusal to undergo secondary inspection;
· Doubtful purpose of travel;
· Inconsistent or insufficient travel or supporting documents;
· Misrepresentation or withholding of material information about the travel;
· Presentation of fraudulent, falsified, or tampered travel or supporting documents;
· Non-compliance with previous deferred-departure requirements; or
· The passenger is a potentially trafficked or illegally r
3.4. The secondary IO shall inform the passenger of his/her assessment and shall provide a requirement slip containing a list of documents needed to be presented by the passenger for compliance.
3.5. In cases under 3.3(g), the secondary IO shall turn over the passenger to the IACAT-ATTF. 3.6. In all cases, the secondary IO shall indicate in the BCQ his/her assessment and the material information gathered.
3.7. Secondary inspection shall not exceed fifteen (15) minutes unless extraordinary circumstances4 require a longer period of inspection. The 15- minute period shall commence at the start of the interview by the secondary IO.
3.8. Whenever circumstances require, an authorized secondary IO may still conduct a random redundancy check and/or secondary inspection on a passenger already allowed or cleared by a primary IO, in which case, the BCQs shall contain only the secondary assessment.
II. ADDITIONAL SUPPORTING DOCUMENTS
In addition to the inspection of basic travel documents, the IO may propound relevant clarificatory questions and require the passenger to show additional supporting documents, when applicable, as follows:
A. TOURISTS
1. Self-funded Travels
a. Confirmed return or roundtrip ticket;
b. Proof of hotel booking/accommodation;
c. Financial capacity or source of income consistent with the passenger’s declared purpose of travel; and
d. Proof of employment and other equivalent documents.
2. Sponsored Travels
2.1. If the sponsor abroad is a relative within the first (1st) civil degree of the passenger
· Original Philippine Statistics Authority (PSA)-issued birth certificate/report of birth or marriage certificate/report of marriage as proof of first (1st) civil degree relationship;
· Confirmed return or roundtrip ticket; and
· Copies of the following documents of the sponsor, such as:
a. i. Valid passport;
b. ii. Valid work visa/permit, residence permit, or any equivalent document;
c. iii. Overseas Employment Certificate (OEC), E-receipt, or OFW Clearance, for OFW sponsors
2.2. If the sponsor abroad is a relative up to fourth (4th) civil degree of consanguinity or affinity unless otherwise limited by the Philippine Embassy or Consulate exercising jurisdiction
· Original Affidavit of Support and Guarantee (AOSG) showing the information in Annex “B”, and is: i. duly notarized by the Philippine Embassy/Consulate/Honorary Consulate authorized to perform notarization services; or ii. if the AOSG is notarized by a local notary public in the country of destination, the AOSG must be duly authenticated by the Philippine Embassy/Consulate/Honorary Consulate (for non-Apostille countries) or apostilled7 by the apostille authority in the country of destination (for Apostille countries).
· Confirmed return or roundtrip ticket; and c. Original PSA-issued birth certificate/report of birth or marriage certificate/report of marriage showing the exact relationship between the passenger and the sponsor.
2.3. If the sponsor abroad is a non-relative or a legal/juridical entity
· Original Affidavit of Support and Guarantee (AOSG) showing the information in Annex “B”, and is: i. duly notarized by the Philippine Embassy/Consulate/Honorary Consulate authorized to perform notarization services; or ii. if the AOSG is notarized by a local notary public in the country of destination, the AOSG must be duly authenticated by the Philippine Embassy/Consulate/Honorary Consulate (for non-Apostille countries) or apostilled8 by the apostille authority in the country of destination (for Apostille countries).
· Substantial proof of relationship9 ; c. Confirmed return or roundtrip ticket; and d. If a legal/juridical entity, registration papers of the sponsor.
2.4. If traveling with a local sponsor
· Duly notarized affidavit executed by the local sponsor showing the information indicated in Annex “B”;
· Substantial proof of relationship11;
· Copy of the sponsor’s return ticket consistent with that of the passenger.
B. OVERSEAS FILIPINO WORKERS12
1. OFWs Departing for the First Time
· OEC, E-receipt, or OFW Clearance duly issued by the Department of Migrant Workers (DMW) as appearing in the Border Control Information System (BCIS);
· Valid and appropriate employment visa or work permit or any equivalent document;
· Employment contract, as necessary; and
· Visa Usage Undertaking or Manpower Request specifying visa usage approved or verified by the Migrant Workers Office (MWO), if applicable.
2. Balik-Manggagawa (BM)
· Valid and appropriate employment visa/work permit or any equivalent document;
· OFW Clearance, OEC issued on-site by the MWO or by the DMW or Migrant Workers Airport Assistance Center (MWAAC), or Online BM OEC Exemption or manually issued OEC;
· Proof of employment, as necessary.
3. Direct-Hire
· OEC, E-receipt, or valid OFW Clearance; and
· Proper and valid work visa/work permit or any equivalent document.
4. OFWs Requiring Special Travel Exit Clearance17 in lieu of OEC
· Locally employed seafarers (conduction crew) who will be manning a Philippine Registered Ship’s conduction from a foreign port to the Philippines;
· Seafarers who will undergo orientation and other analogous circumstances as a requirement before their employment, as the prospective foreign employer prescribes. The foreign employer must be accredited by a licensed local manning agency; and
· Emergency change crew for Philippine registered vessels docked in international ports.
5. OFWs traveling to other countries during their vacation in the Philippines.
If the OFW will travel to other country/ies for tourism but will return to the Philippines before proceeding to his/her jobsite, the OFW shall undergo the usual immigration inspection for tourist travelers under this Guidelines. If the OFW will travel to other country/ies for tourism but will proceed directly to his/her job site, a valid OEC will be required.
6. Endorsement to the DMW-MWAAC The IO shall promptly endorse a passenger to the DMW-MWAAC for validation of employment documents, updating of employment records, issuance of clearance, or other appropriate action, when confronted with the following:
· the OEC of the OFW or MWO-registered worker is invalid, expired, used, or did not reflect in the BCIS; or
· the OFW has incomplete or questionable documents. In cases of endorsement to the DMW-MWAAC, the IO shall provide the passenger with a validation request form. Upon validation by the DMW-MWAAC, the passenger shall be directed back to the IO for the completion of the immigration inspection.
