Bureau of Immigration Memorandum Order No. AFF-04-026 Dated 10 December 2004 - Resumption in the Implementation of the ACR I - Card Project

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SUPERVISION AND EXAMINATION SECTOR OFFICE OF THE DEPUTY GOVERNOR

CIRCULAR LETTER

To ALL BANKS AND NON-BANK FINANCIAL INSTITUTIONS UNDER BSP SUPERVISION

Subject RESUMPTION IN THE IMPLEMENTATION OF THE NO. AFF-04-026 DATED 10 DECEMBER 2004 - AcR I - CArd ProJECt BUREAU OF IMMIGRATION MEMORANDUM ORDER

the country adjusts to the threats of international terrorism and transnational Chairman, ACR ! - Card Project, we are furnishing you a copy of the Bureau of Immigration Memorandum Order No. AFF-04-026 (Resumption in the with the copy of its Implementing Rules and Regulations (IRR). The ACR I 1 Card Project is part of the reforms in the immigration system of the Philippines as implementation of the ACR I - Card Project) dated 10 December 2004 together crimes. As requested by Mr. Arthel B. Caronongan, Associate Commissioner and

For your information/guidance

ALBERTO REYES

Deputy Governor

E M : 2005

Pananalaping Matatag, Bansang Panatag

A. Mabini St., Malate 1004 Manila. Philippines Trunkline (632) 524-70-11 URL:www.bsp.gov.ph e-mail: [email protected]

Magallanes Drivc, (ntramuros BUREAU OF IMMIGRATION Repubtic of the Philippines Department of Justice 1002 Manila

MEMORANDUM ORDER NO. AFF-04-_02%

RESUMPTION IN THE IMPLEMENTATION OF ACR ICARD PROJECT

and November 17, 2004, has ruled! that the Bureau's Memorandum Order No. Card Project 'suffers from legal infirmities and must accordingly be RECALLED immediately' and directed this Bureau to cause the full implementation of the AFF 04-006 dated April 1, 2004 deferriug the inplencntation of the ACR I- Project without any further delay, pursuant to the terms of the ACR I-card BOT Agreement and the provisions of the BOT taw and its IRR. The Department of Justice (DOJ), in its Memoranda dated July 21, 2004 -

review and discussions on the project, the Us$50 fee is an arnual fee and the already been established in accordance with the law and guided by policy, certification of OIC-Executive Dircctor Ofelia V. Bulaoug of the BOT Center that economic and financial considerations. whether it is an annual (ee or a one-time fec, the DOJ has cited the certification of Secretary Romulo L. Neri of NEDA that based on pertinent records of ICc the reasonableness of the imposed fee for ACR issuance and renewal has On the substar:iive issue of reasonablencss of the Us$50 fee and of

2004 deferring the "implementation"of the ACR 1-Card Project is hereby RECALLED thereby giving way to its full impIcmcntation. The US$50 card issuance/renewal fee remains effectivc. In view thereof, the Memorandun Order No. AFF-04-006 dated April 1

shall subject the registered alien-to penalty as provided for in No. 12 (Penalty based ACR to ACR I-Card) is cxtended io March 31, 2005. Failure to comply Guidelines fer the ACR I-Gard Project (imandatory direclivc to change paper for Non-compliance). Necessarily, the deadiine stated in No. II of the Irnplementing

: to the ACR 1 Card Center for thc nccessary change in the validity period of their : ACR I-Cards. continue to he effective until December 31,_2005 or the.cxpiration of their visa, whichever comes first. Such ACR i-Card hoidcrs are hereby enjoined to report able to use them due to the deferinent of the Project, their ACR I-Cards shall For those who have been already issued their ACR I-Cards but were not

THis Memorandum shail take effect imncdiately

10 December 2004

ALIPIO F. FERNANDEZ, JR Cotfmmissioner

Copy Furnished:

Office of the nief of (:sI t+se) NEDA BOT' Center Datatrail Co.oration PBAC ACR iird DOJ ARD

I}b

BUREAU OF IMMIGRATION Republic of the Philippines Departrnent of Justice

Intramuros, Manila

IMPLEMENTING GUIDELINES FOR THE ACR I-CARD PROJECT

For the information and guidance of all concerned, the following are the guidelines for the implementation of the ACR I-Card Project of the Bureau of Immigration under Build-Operate-Transfer (BOT) Agreernent dated December 18, 2003:

in the country's numerous ports and incrcased threats of terrorists. 1 and improve efficiency. and security of idertification and monitoring system in light of the increasing traffic transnational criminals and aliens with criminal records, through the Statement of policu - There is an impcrative need to modernize its alien registration,

inplementation of an automated, accurate, fraud-proof and tanper-

the country proof registration, iccntification and monitoring of registercd aliens in

2 who have been duly issued Coverage - All registered aliens, including their dependents, paper-based Alien Certificates of Registration (ACRs) and all othcr aliens who are required to register under the Alien Regisiration Act.

3 Definition of terms

G 18, 2003 : including its relevant annexes and such Agreement -- refers to the BOT Agreement dated December

amendments as may be cxecuted thereafter in accordance thereunder.

b Registered alien - refers to a person who is neither a nationai or citizen of the Republic of the Philippines who

Alien Certificate of Registration. was validly grantet a visa and correspondingly issued an

form issued to the following: Alien Certificatc_of Registration_(ACR) -- is an accountable

2. Permanent resident under Section 13 and I. Native-born

its sub-sections

5. Temporary student under Section 9(f) 3. Temporary visitor -- one who is coming for 6. Prc-arranged employee under Section 9(g) Treaty trader under Section 9(d) business. or plcasure or for reasons of health if his stay exceeds six (6) months

8. Such other aliens as may be required by 9. For those who are required to register but 1 Special resident investor under E0 226 opt to avail of the ACR I-Card subject to and other special laws exempted frorm immigration fees, they may and EO 63 law to register. paymcnt of the card fee.

d features capable of data management and can be updated elecrronically. It is fraud and tamper-proof/resistant with credit card-sized identification card issued to registered ACR Identity Card_or ACR I-Card - it is a microchip-based alien replacing the paper-based ACR issued to him/her. It has an embedded computer chip with biometric security the following data:

3. Date and status of adimission 2. Photograph 1. Personal information such as name, age, C Visa type granted date of birth, place of birth address, etc

5 Biometric fingerprint templates) information (2 digitalized

9. Payment of immigration fee details 6. 8. Travel details 7 10.Emigration Clearance Certificate/Special Signature ACRandICR/CRTV/CRTI/CRTS CRPE Numbcrs Return Certificate/Re-entry Permit and

( Alien Registration -- the process of accurately recording

exit and death of non-citizens in the Philippines. It the entry, admission, personal circumstances, residence, involves the documentation bt all aliens, whether admitted under nonimmigrant: or immigrant status, through the issuance of such foirms as are necessary to Philippines. precisely chronicle their stay and activities in the

4 ACR ICard Committee - For purposes of implementing the ACR

the irnnigration status of and genuineness of the ACR submitted by I-Card Project, a Committee shall be created to check on the validity of

the applicant as well as to verify all thc data entered thercin. Upon its verification, it shall endorse the issuancc of ACR I-Card.

mernbers, namely: The ACR I-Card Committee shail be composed of five (5)

a Associate Conmissioncr in charge of IT projects or its duly designated representative as Chair

b . Chief of the Alien Registration Division (ARD) as Vice

Chair

C Two (2) ARD persorncl to bc designated by the Chief, ARD and one (1) from the Office of the Executive Director to be

designated by the Executive Director.

The Chicf, ARD and the Executive Director are hereby directed to name their nominees to the Committee within forty-eight (48) hours from receipt a copy hereof.

shall be made at the Main Office, Bureau of Immigration, Intrarnuros, 5. Place.of.applicution - Applications for issuance of AcR I-Card

Manila.

Registcred aliens residing outside Metro Manila shall have the option of applying for ACR I-Card at the district port nearest to them when thc system has already been sct up in such district port. In the meantime, all applications shall be made in Manila.

6. Procedure for the issuance of ACR I-Card

g Applicant shall fill up and submit ACR I-Card application form at Window 1 of the ACR I-Card Area. To be attached

in the application form are the following:

1 Original copies Of the ACR and

2 Order granting his/hcr visa if he/she still has a ICR/CRTV/CR'TT/CRFS/CRPE and copy

Applicant shali then procced to the designated counter of the Alien Rcgistration Division (ARD) and secure an Order of Payment Slip {OPS}

C The applicant shall proceed to the designated Cashier and

Cashier a duly issucd Order of Payment Slip (OPS). pay the card fee of Us$50.00 or its peso equivalent as posted in the major daily broadsheets at the time of payment. In paying, the applicant shall prescnt to said

d Upon payinent, the applicant shall proceed to Windows 1.2 and 1.6 for data capturing (picture, fingerprint and signature).

The application and the submitted documents shall be for verification. forwarded to the ACR I-Card Coninittee, thru the ARD

I If the application is verificd appropriate by the Committee.

the Committec shall makc thc appropriate action against it shall endotse the issuance of an ACR I-Card, otherwise the applicant.

g. On a date specificd in thc clain stub, applicant shall be issued his ACR I-Card at the ARD.

7 Fee -- The ACR I-Card costs US$50.00 or its Philippine Peso equivalent as posted in the major daily broadshects at the time of payment.

done yearly simultaneous with thc payment of thc annual report fee. 8 Renewal of_ACR I-Card - Renewal of thc ACR I-Card shall be

have the following benefits: o Benefits derived from the ACR I-Card - ACR I-Card holders shall

l. Thcy arc provided booths at"the ports of entry and exits without going immigration contrp! through special immigration lines the regular with an

cstirmated tinc of 10 seconds only for their ertry and exit.

2. They are assured [that they holding a genuinely issucd ACR

3. They receive faster and more efficient

sefvice

4. More convenient with the tamper and

and Re-entry permit. ACR I-card. No nore papcr-based ACR and ICR/CRIV/CRI/CRTS/CRPE, ECC, SRC fraud-proof/resistant credit card-sized

10. Special Arrangement .-- The ACR I-Card Conmittee may, if

taking, fingerprinting and sigring) be done at the residence of the circumstances warrant, authorize that the data capturing (picture

applicant in view of his/hcr physical incapacity.

1 Mandatory compliance -- All rcgistered aliens are enjoined to appiy for and change their paper-based ACR to a tamper and fraud proof ACR I-Card with biomctric security features. They have until June 30,_2004 within which to change thcir paper-bascd ACRs.

12. Penaltu for_non-compliance -- Any registered alien who fails to comply with the provisions of Section 5 hereof within the period of time specified therein shall be subjcct to an administrative fine of

of deiay, the total sum of which shall in no case exceed TWo FIVE HUNDRED PESOS (P50O.O0) for cvery morth or fraction thereof

registered alien found in possession of a papcr-based ACR shall be deemed not properly documenied and may be procceded against under pertinent provisions of the Immigration Act of 1940 or Alien TH0USAND PES0S (P2,000.00). After December 31, 2004, any

Registration Act of 1950, both as amerded.

Registration and Control Officcrs shali give this Implementing Guidelines thc widest publicity possible in thcir respective territorial jurisdiction. 13. Dissemination - All hcads of Irmmigration districts and Alien

14. Publication -- Such implementing guidelines shall be published in a newspaper of general circulation and shall take effect after fifteen (l5} days from the datc of publication

Manila, 24 February 2004

ALIPIO FI FERNANDEZ,JR

CC: UP Law Center Commissioner