BOI MEMORANDUM CIRCULAR NO. MCL-09-001-A, March 30, 2009

AMENDING MEMORANDUM CIRCULAR NO. MCL-09-001 DATED 18 FEBRUARY 2009 PROVIDING THE IMPLEMENTING RULES AND REGULATIONS FOR EXECUTIVE ORDER NO. 758 DATED 04 FEBRUARY 2009, ENTITLED …

National Administrative Register March 30, 2009
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SECTION 1. Section 2 of Memorandum Circular No. MCL-09-001 is hereby amended to read as follows:

Section 2. To Whom Issued – (A)
Subject to restrictions imposed by the Constitution and existing laws on
control, nationality and/or ownership of working capital, a SVEG shall
be issued to a foreigner or foreigners with interests in an entity,
firm, partnership or corporation that establishes, expands or
rehabilitates a business activity, investment, enterprise or industry
for every ten (10) full-time/regular Filipino workers who are actually
employed by such entity, firm, partnership or corporation on a
long-term basis in the Philippines.

(B) Foreigners exercising managerial functions in an entity,
firm, partnership or corporation, that has the power to hire, dismiss
and promote employees
provide d that they are nominated and their applications for SVEG are endorsed by such entity, firm, partnership or corporation subject to the employment requirement in paragraph (A) hereof.

SECTION 2. Section 14 of t he same Circular is likewise amended to read as follows:

Section 14. Registration and Documentation. Issuance of
ACR I-Card and Identification Certificate. Multiple Entry Privileges
and Conditional Stay –
The Notice of Approval shall
direct the alien to report, without need of prior departure from the
Philippines, for registration and documentation at the BI. An Alien
Certificate of Registration (ACR) I-Card and an Identification
Certification (I.D.) shall be issued upon payment of appropriate fees.
The A.C.R I-Card and I.D. shall indicate, among others, as follows:

Status Adjusted Without Departure as a Special
Non-Immigrant with Multiple Entry Privileges and Conditional Stay in the
Philippines under E.O. No. 758 (Series of 2008 in relation to C.A. No.
613, Section 47 (a) (2) under BI Control No._____ .

SVEG holders are exempt from securing Special Return
Certificates and Exit Clearance Certificates; Provided, that they are
not included in the BI Blacklist, Watchlist and Hold Departure List;
Provided further, that they are required to pay annual report fees
every first sixty (60) of every year under the Alien Registration Act of
1950, as amended.

SECTION 3. This Memorandum Circular shall become effective immediately upon its publication in the newspaper of general circulation.

Let copies of this Memorandum Circular be filed with the Office of the National Administrative Register (ONAR) at the UP Law Center, UP Complex, Diliman, Quezon City.

Adopted: 30 March 2009

(SGD.) MARCELINO C. LIBANAN
Commissioner

Approved by:

(SGD.) HON. RAUL M. GONZALEZ

Secretary, Department of Justice Padre Faura, Manila