CEZA ADMINISTRATIVE ORDER NO. 002, S. 2000, May 04, 2000
INTERIM GUIDELINES FOR ISSUANCE OF RESIDENT, EMPLOYEE VISAS AND/OR WORK PERMITS
the “Cagayan Special Economic Zone Act of 1995”, the Cagayan Economic
Zone Authority hereby adopts the following guidelines for the issuance
of resident, employee visas and/or work permits to foreign nationals.
ARTICLE I – PRELIMINARY PROVISIONS
Section 1. Title. These guidelines shall be known as CEZA ADMINISTRATIVE ORDER NO. 002-2000.
Section 2. Statement of Policies .
Pursuant to its mandate, the Authority is authorized, among other
powers, to grant permanent resident status to qualified investors and to
issue working visas within the CSEZFP to foreign executives and other
foreign nationals possessing highly technical skills which no Filipino
citizen within the CSEZFP possesses, as certified by the CEZA Labor
Employment and Productivity Office (LEPO).
These guidelines therefore, shall lay out the policies relative to
the issuance of resident, employee visas and/or work permits.
Section 3. Applicability. These
guidelines shall apply to all foreign nationals qualified as
investors/locators for the issuance of resident visas, and foreign
employees by the CSEZFP Registered Enterprises possessing highly
technical skills, which no Filipino citizen within the CSEZFP possesses,
as certified by the CEZA Labor Employment and Productivity Office
(LEPO), for the working permits.
Section 4. Definition of Terms. For the purpose of this Administrative Order, the terms used herein shall mean as follows:
a. “RA 7922” shall refer to Republic Act No. 7922, otherwise known as the “Cagayan Special Economic Zone Act of 1995”.
b. “CEZA” shall refer to the Cagayan Economic Zone Authority, a government corporate body established pursuant to RA 7922.
c. “CSEZFP” shall refer to the Cagayan
Special Economic Zone and Freeport defined in Section 3 of RA 7922 as a
separate customs territory covering the entire area embraced by the
Municipality of Santa Ana and the islands of Fuga, Barit and Mabbag in
the Municipality of Aparri, all in the province of Cagayan.d. “DFA” shall refer to the Department of Foreign Affairs.
e. “BSP” shall refer to the Bangko Sentral ng Pilipinas.
f. “BID” shall refer to the Bureau of Immigration and Deportation.
g. “Certificate of Registration” shall refer to the document issued by CEZA as evidence that the business entity is registered as a CSEZFP Enterprise.
h. “CSEZFP Registered Enterprise” shall
refer to any sole proprietorship, partnership, corporation, association
or other form of business entity, including CEZA, locating in, and duly
registered with and/or licensed by CEZA to engage in any lawful economic
activity within the CSEZFP.i. “Foreign National” shall refer to a natural person who is not a citizen of the Philippines.
j. “LEPO” shall refer to the CEZA Labor
Employment and Productivity Office, which shall certify that no Filipino
citizen within the CSEZFP possesses highly technical skills needed by
the CSEZFP Registered Enterprise.
ARTICLE II – PROCEDURAL GUIDELINES
Section5. CEZA Investor’s Resident Visa (CIRV). All
investors within the CSEZFP whose continuing investment shall not be
less than One Hundred Fifty Thousand United States Dollars
(US$150,000.00) or its equivalent in other acceptable foreign currency
shall be issued or granted a CIRV, provided that the investors may
allocate equivalent units of their investments to the foreign nationals
assigned to render service to the said investors within the CSEZFP for
purposes of complying with the requirements of the law and this
paragraph.
Section6. Nature of the CIRV.
The CIRV shall be issued pursuant to the provisions of the Act and
shall entitle the holder to reside in the CSEZFP for as long as his
investment shall not be less than One Hundred Fifty Thousand United
States Dollars (US$150,000.00) or its equivalent in other acceptable
foreign currency, as provided for in Section 4 (e) of RA 7922.
Section7. Persons Entitled to the CIRV.
A. Any foreign national who invests at least One Hundred
Fifty Thousand United States Dollars (US$150,000.00) in the CSEZFP or an
equivalent amount has been allocated to him by the investor within the
CSEZFP, may be issued a CIRV, provided, that for purposes of compliance
with this particular condition, the foreign national should prove that
he has remitted such amount in acceptable foreign currency to the
CSEZFP; Provided, further, that if the foreign national is merely an
assignee, he does not fall under any of the disqualifications under Sec.
7B herein.
B. The following persons are disqualified from being issued a CIRV:
1. Has been convicted of a crime involving moral turpitude;
2. Is afflicted with any loathsome, dangerous or contagious disease;
3. Has been committed to an institution for any mental disorder or disability;
4. Is a national of a restricted country as classified by the
DFA. For purposes of this administrative order, the term restricted
country shall mean one with which the Philippines has severed diplomatic
and/or trade relations; and5. Has violated any Philippine laws, rules or regulations.
The foreign national’s spouse and dependent unmarried children under
21 years of age (at time of application) may also be issued the same
visa as dependents of the foreign national investor, provided that they
accompany or join him within six (6) months after his admission into the
CSEZFP as a CIRV holder.
Section8. Procedure for Issuance of the CIRV.
The CIRV shall be applied for by the foreign national with the
Philippine Embassy or Consulate at or nearest his country or place of
residence, or directly with CEZA. Applications filed within the
Philippine Foreign Service missions shall be transmitted to CEZA,
through the DFA, for processing and approval. CIRV applications approved
by CEZA shall be endorsed to the DFA for issuance of the CIRV. The
Philippine Embassy or Consulate shall issue the CIRV after the applicant
presents himself to the Philippine Embassy/Consulate together with
pertinent documents to verify his identity and/or admissibility.
If a foreign national has already been admitted into the Philippines
under any admission category as provided for by the Immigration Act or
other special laws, he may file an application for the adjustment of his
status to that of the CIRV holder. He shall file the application for
CIRV together with duly authenticated documents enumerated under SECTION
9 of these guidelines with CEZA, which shall act on the same. CEZA
shall endorse to the BID the approved applications for granting of the
CIRV.
Section9. Proof of Qualification for CIRV. To establish the qualifications imposed in Section 4 (e) of RA 7922, the following documents shall be submitted:
a. Photocopy of Certificate of Registration as a CSEZFP Enterprise;
b. Copy of the Articles of Incorporation;
c. Proof of inward remittance of at least US$150,000;
d. Proof that the investment of US$150,000 still subsists, either in the form of cash, near cash, or property;
e. Duly accomplished application form – ANNEX A;
f. Certificate under oath from a duly authorized physician that
the applicant is not suffering or is not affected with any loathsome,
dangerous and contagious disease;g. Certificate from any competent mental institution that the
applicant has not been institutionalized for any mental health disorder
or disability; if secured in applicant’s country or place of residence,
it must be duly authenticated by the Philippine Embassy or Consulate in
or closest to the applicant’s country;h. NICA Clearance;
i. Copy of Passport;
j. NBI Clearance; and
k. BID Clearance.
If the applicant’s spouse and/or children should likewise apply for a
CIRV, the following must be submitted in addition to those enumerated
in “a” to “k” above:
a. For the spouse, certified true copy of marriage
contract duly authenticated by the Philippine Embassy or Consulate in or
closest to applicant’s country; andb. For their minor children, certified true copy of their
birth certificates or any instrument showing proof of filiation
authenticated by the Philippine Embassy or Consulate in or closest to
applicants country.
Section10. Registry of Investment.
Upon issuance of the CIRV, the DFA shall duly inform CEZA, which in
turn shall inform the BSP of particulars concerning the investor, the
correspondent bank and the investment.
The investor shall have one-hundred eighty (180) days from the day
of remittance to make the investment and to report such investment to
CEZA and to register with the BSP in the prescribed form. Failure to
file the foregoing report within three (3) months from the date
investment was made shall automatically revoke the CIRV. CEZA shall
endorse the order of revocation to the BID and DFA for appropriate
action.
CEZA shall regularly monitor and keep a registry of all CIRV
investments. It shall report any withdrawal or transfer thereof to the
BID and DFA. The CIRV shall be automatically terminated and/or revoked
under applicable provisions for the reasons and under the grounds
provided for in the Rules and Regulations Implementing RA 7922.
Seciton 11. Annual Report . At the end
of each year the CIRV holder shall file a sworn report with CEZA stating
that his investment has not been withdrawn or remitted out of the
CSEZFP. He shall submit the following documents:
a. Certification from the president of the recipient firm or
entity that the investment is intact and the amount has not been reduced
below the amount provided in R.A. 7922;b. Certification from the BSP regarding the maintenance of the investment;
c. Audited financial statements of the business; and
d. Such other documents as may be deemed necessary and material to an adequate evaluation of the petition.
Failure to file the foregoing report within three (3) months from
the end of the calendar year shall be a ground for the revocation of the
CIRV.
Section12. CEZA Working Visa (CWV).
Upon application by the CSEZFP Registered Enterprise, CEZA may issue a
CWV to a foreign national who possesses highly technical skills, which
no Filipino citizen within the CSEZFP possesses, as certified by the
CEZA Labor Employment and Productivity Office (LEPO). Such visas may
also be granted to foreign nationals occupying top management or
executive positions in the CSEZFP Registered Enterprise.
During the term of their employment, a CWV shall be issued or
granted, which shall be valid for and renewable every two (2) years,
upon certification by the CEZA LEPO that there is a continuing need for
the services of such foreign national in the CSEZFP.
CEZA may grant CWVs to the above-mentioned foreign nationals even
prior to the issuance of the business establishment’s Certificate of
Registration should special circumstances to be determined by CEZA
permit.
Section13. Nature of the CWV.
The CWV shall be issued pursuant to the provisions of the Act and shall
entitle the holder to work in the CSEZFP for two (2) years extendable
every two (2) years, provided that the employment of the foreign
national subsists. The CWV shall be automatically terminated and/or
revoked under the grounds provided for in the CEZA Implementing Rules
and Regulations.
Section14. Persons Entitled to the CWV.
Any foreign national not falling under any of the disqualifications
provided under Sec. 7B, shall be entitled to 1 CWV upon submission of
the following:
a. A contract of employment with a CSEZFP-registered enterprise; and
b. A certification from the CEZA LEPO that the executive or
highly technical skill required by the position to be filled by him is
not possessed by any Filipino within the CSEZFP as provided in
paragraphs 14 and 15 of the Agreements.
Investors who fail to secure a CIRV because their investment is less
than US$150,000.00 may also avail of the CWV, provided that they comply
with the requirements for a CWV.
The foreign national’s spouse and dependent unmarried children under
21 years of age (as declared at the time of the application) may also
be issued visas as dependents of the foreign national employee, provided
that they accompany the CWV holder or join him within six (6) months
after his admission into the CSEZFP as a CWV holder.
Section15. Procedure for the Issuance of CWV.
The application for CWV shall be filed by the foreign national with the
Philippine Embassy or Consulate at or nearest his country or place of
residence, or directly with CEZA. Applications filed with the Philippine
Foreign Service missions shall be transmitted to CEZA, through the DFA,
for processing and approval. CWV applications approved by CEZA shall be
endorsed to the DFA for issuance of the CWV. The Philippine Embassy or
Consulate shall issue the CWV after the applicant presents himself to
the Philippine Embassy/Consulate together with pertinent documents to
verify his identity and/or admissibility.
If a foreign national has already been admitted into the Philippines
under any admission category as provided for by the Immigration Act or
other special laws, he may file an application for the adjustment of his
status to that of the CWV holder. He shall file the application for CWV
together with duly authenticated documents with CEZA, which shall act
on the same and issue the CWV. CEZA shall forward to the BID the
approved applications within ten (10) days from issuance.
Section16. Proof of Qualifications for CWV. The following documents shall be submitted to establish the qualifications imposed in Section 4 (e) of RA 7922:
a. Letter from petitioning company requesting the service of the foreign national;
b. Duly accomplished Application Form (notarized) – ANNEX B;
c. 2 x 2 picture attached to the Application Form;
d. Certified true copy of the written contract or agreement
entered into for the applicant’s services, specifying scope of work,
exact compensation and other benefits to be received;e. Alien Employment Permit (AEP) from the DOLE;
f. Affidavit of Support/Guarantee executed by a responsible officer of the petitioning company;
g. Copy of Applicant’s passport showing admission status and valid date of stay; and
h. Such other documents, as CEZA may deem necessary and material for an adequate evaluation of the petition.
If the applicant’s spouse and/or minor children should accompany
him, the following must be submitted in addition to those enumerated
above:
a. True copies of the passports of the spouse and the unmarried minor children;
b. Birth Certificate or other proof of filiation and/or
marriage contract duly authenticated by the appropriate Philippine
Consular Office; andc. Certified true copies of their ACR and CIRV, if already obtained, and documents showing admission status.
Section17. Admission Status.
Subject to existing laws and regulations on the admission of foreign
nationals, immigration officers at the ports of entry shall admit the
CIRV/CWV holder under the same terms and conditions as when he left the
Philippines.
A CIRV/CWV holder shall be allowed multiple entry privileges into
the country without the necessity of obtaining appropriate Alien
Certificates of Registration, Re-Entry Visa, Special Return Certificate
(SRC), Emigration Clearance Certificate (ECC) and all other types of
clearances requited by any government department or agency other than
CEZA.
Section18. Alien Employment Permit (AEP).
As a prerequisite to the issuance of the CWV or the adjustment of
status to that of a CWV holder, the foreign national shall secure an AEP
from the DOLE representative who shall temporarily hold office in the
CEZA Administration Building in Santa Ana, Cagayan. The DOLE
representative shall grant the same on the basis of non-availability of
the services of Filipino experts within the CSEZFP, as certified by the
CEZA LEPO, and upon the application of the petitioning company and upon
submission of the required documents.
Section19. CEZA Understudy Training Program.
The DOLE representative shall issue an AEP to a foreign national upon
proof that his prospective employer is a CSEZFP Registered Enterprise
and has secured a CEZA LEPO-approved Understudy Training Program, unless
such foreign national is a top managerial executive or the like not
covered by the Understudy Training Program of the CEZA LEPO. Such
certification shall be included, as well as evidences of all other
government registrations required by the DOLE, including registrations
with the Securities and Exchange Commission and the Board of
Investments.
Section20. Provisional Permit to Work (PPW). Upon
filing of application for working and residency visa, an applicant may
be issued a PPW, which shall be effective for a period of thirty (30)
days and renewable every thirty (30) days thereafter but not to exceed
one (1) year, under the conditions and provisions of the CEZA
Implementing Rules and Regulations. CEZA shall report the names of the
foreign nationals who are granted visas under this category to the BID
and DOLE within thirty (30) working days from issuance.
The PPW shall be automatically cancelled upon issuance of the
CIRV/CWV or denial of the application. In the latter case, the
petitioning company shall ensure the repatriation of the alien employee
and members of his family within fifteen (15) days from date of receipt
of notice of denial. A fine of US$150,000.00 shall be imposed upon the
petitioning company should the alien or any member of his family fail to
return to his country of origin within the stated period without
prejudice to other administrative sanctions that CEZA may deem
appropriate, including but not limited to cancellation of the company’s
Certificate of Registration.
Section21. Revocation or Termination of Residency Visas of Investor.
The residency visas of the investor, spouse and children automatically
terminates when the investor, his spouse, children or any other
individual or entity acting in his behalf, takes the investment out of
the CSEZFP through sale or payment, in cash or in kind, of grants,
donations, or interest-free loans other than the return of principal.
CEZA may also revoke summarily or after hearing the residency visa of
any investor, spouse, or child under the grounds provided in CEZA’s
Implementing Rules and Regulations, as may be applicable
ARTICLE III – EFFECTIVITY
Section22. Effectivity.
This Administrative Order shall take effect and shall be published in
at least one (1) newspaper of general circulation upon signing.
4 May 2000
(SGD.) RODOLFO O. REYES
Administrator and Chief Executive Officer