Question & AnswerQ&A (PEZA MEMORANDUM CIRCULAR NO. 2005-030)
Non-resident foreign nationals occupying elective positions in PEZA-registered economic zone enterprises are required by DOLE to apply for Alien Employment Permits (AEPs) within 5 days of their election into their positions.
Elective positions include Members of the Governing Board, Presidents, Vice-Presidents, General Managers, and Treasurers in PEZA-registered economic zone enterprises.
DOLE will accept AEP applications even if the applicants have only Tourist or 9(a) Visas, but will issue AEPs upon presentation of DOJ-approved Special Non-Immigrant (i.e., 47 (a) 2) Visas.
The recommended visa type is the DOJ-approved Special Non-Immigrant visa, specifically the 47 (a) 2 visa.
Penalties are as follows: P2,000 for applications submitted within 2 months after election; P5,000 for submissions beyond 2 months but within 6 months; and P10,000 for submissions beyond 6 months after election.
They experienced difficulties because it generally took about 15 days to secure the DOJ-approved Special Non-Immigrant visas, causing delays and leading to the payment of fines for late AEP applications.
Foreign nationals occupying non-elective positions in companies operating in the country must submit their AEP applications along with DOJ-approved 47 (a) 2 visas prior to the effectivity or commencement of their employment.
They risk being fined for failing to comply with the DOLE requirements.
The Department of Labor and Employment (DOLE) and the Department of Justice (DOJ) are involved, with PEZA providing recommendations.
The memorandum clarifies and facilitates the process for non-resident foreign nationals occupying elective positions in PEZA-registered enterprises to apply for AEPs, including accepting certain visa types and specifying penalties for late application.