Title
US Traders' Entry by Reciprocity Law
Law
Republic Act No. 1393
Decision Date
Aug 29, 1955
Republic Act No. 1393 allows nationals of the United States, along with their spouses and children, to enter the Philippines as non-immigrants if they are engaged in substantial trade or investing a substantial amount of capital, based on reciprocity between the two countries.
A

Questions (BATAS PAMBANSA BLG. 763)

RA 1393 was enacted to facilitate the entry into the Philippines of nationals of the United States (and their spouse and children, when accompanying or following to join them) as international traders, based on reciprocity.

A basis of reciprocity between the Philippines and the United States is central to the benefit.

A national of the United States, and the spouse and children of such national, provided they are accompanying or following to join him.

The covered person must be otherwise eligible for a visa.

It references Commonwealth Act No. 613 (Philippine Immigration Act of 1940, as amended). RA 1393 provides that, despite the immigration rules under CA 613, the beneficiary may be considered classifiable as a non-immigrant if the conditions of RA 1393 are met.

Section 9(d) of CA 613 is referenced as the basis for non-immigrant classification.

The beneficiary may be considered classifiable as a non-immigrant under Section 9(d) of CA 613.

Entry is allowed (1) solely to carry on substantial trade principally between the Philippines and the United States, or (2) solely to develop and direct the operations of an enterprise in which he has invested, or is actively investing, a substantial amount of capital.

The entry must be solely to carry on substantial trade principally between the Philippines and the United States.

Entry may be granted solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise he is actively in the process of investing, with a substantial amount of capital.

They are covered if they are accompanying or following to join the U.S. national.

RA 1393 allows an eligible U.S. national (and eligible family members) to be considered classifiable as a non-immigrant under Section 9(d) of CA 613 when the conditions in Section 1 are satisfied.

No. Reciprocity is a basis, but the beneficiary must also be otherwise eligible for a visa and must meet the CA 613-related eligibility requirements as modified by RA 1393, plus the specific entry purpose requirements (substantial trade or substantial investment/operations).

It applies to both: an enterprise in which the person has invested, or an enterprise in which he is actively in the process of investing.

It takes effect upon its approval.


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