Question & AnswerQ&A (EXECUTIVE ORDER NO. 122)
API refers to an electronic communication containing passenger- or crew/non-crew-related information, transmitted to the Bureau of Immigration (BI) prior to arrival or departure, including flight details and individual passenger or crew data such as name, date of birth, gender, citizenship, and travel document data.
The captain, master, agent, or owner of a commercial carrier whose vessel or aircraft is arriving in or departing from any port within Philippine territory is required to provide the API of its passengers, crew, and non-crew members.
Commercial carriers are persons, corporations, firms, or associations engaged in the business of carrying or transporting passengers or goods by sea or air for compensation, offering their services to the public, including both public/common and private carriers.
The API serves as an initial security vetting of passengers, crew, and non-crew members to facilitate and expedite the arrival and departure process of legitimate travelers during primary inspection, enhancing border control and security.
The BI shall implement security measures such as restricting access to API data, ensuring data integrity and availability, and using recognized security mechanisms to prevent unauthorized access. Only authorized personnel may access the APIS.
Unauthorized disclosure, sharing, publication, or use of API information shall be punishable under the Data Privacy Act (RA No. 10173) and applicable criminal and civil service laws, rules, and regulations.
The captain, master, agent, or owner of a commercial carrier may be liable to administrative fines under Commonwealth Act No. 613 and its implementing rules for failure to provide API or include any passenger, crew, or non-crew member in the API, irrespective of BI's clearance of the person.
No, provision of API does not exempt passengers, crew, or non-crew members from submitting to physical primary inspection at immigration counters at ports of entry or departure.
API data shall be maintained for a maximum period of twelve (12) months from the date of collection unless classified as terrorism- or crime-related, after which it must be erased, destroyed, or disposed of according to prescribed rules.
The BI may share API information with various government agencies involved in security, law enforcement, immigration, health, intelligence, defense, and counter-terrorism, such as the Bureau of Customs, Philippine Coast Guard, NBI, PNP, Armed Forces, and others, subject to existing laws, treaties, and national interest, with recipients bound to comply with data privacy laws.
The BI is designated as the sole government agency authorized to receive, manage, and secure the API and its data, ensuring compliance with international standards and laws.
The Order aligns with Annex 9 to the Chicago Convention, the Revised Kyoto Convention's provisions, and United Nations Security Council Resolutions 2178 (2014) and 2396 (2017), which call for API adoption, data sharing, and enhanced border security measures to address global peace and security threats.
The President of the Philippines exercises control over executive departments and bureaus, ensuring faithful execution of laws, with the Bureau of Immigration responsible for administration and enforcement as per the Executive Order.
Crew or non-crew members omitted shall be dealt with under relevant immigration protocols, and passengers may also be treated similarly if proven complicit in the omission, facing appropriate administrative, civil, or criminal charges.