QuestionsQuestions (EXECUTIVE ORDER NO. 122)
API is an electronic communication containing passenger- or crew/non-crew-related information transmitted to the Bureau of Immigration (BI) prior to arrival or departure and made available on the primary line at the port of entry. It includes flight details (e.g., flight number and times) and individual biographic/travel document data (e.g., name, DOB, gender, citizenship, and machine-readable zone 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 must provide BI the API of its passengers, and those of crew and non-crew members.
No. EO 122 states that API serves as initial security vetting to facilitate primary inspection, but it does not exempt any passenger, crew, or non-crew member from submitting to physical primary inspection at the immigration counters.
API serves as initial security vetting of passengers, crew, and non-crew members to facilitate and expedite legitimate arrivals and departures during primary inspection, while supporting border integrity and security.
To the extent allowed by relevant laws, the data elements, message format, structure, and transmission must conform to internationally recognized standards and practices. BI must ensure that required data elements are limited to the minimum necessary and that data integrity is protected.
BI performs security vetting or derogatory information verification using its databases and, when necessary, other law enforcement and non-law-enforcement databases, including Interpol notices and information on persons subject of UN Security Council sanctions and travel bans.
BI provides an opportunity to correct errors or perform corrections after verification based on travel or related documents.
An individual may only seek access to the API supplied by the commercial carrier if he or she is the subject of the data being accessed.
Only personnel authorized by the Commissioner of Immigration shall have access to the API System (APIS).
The BI is designated as the sole government agency authorized to receive or manage the API and other forms of API data.
Yes, subject to existing treaties, laws, rules, regulations, and consistency with national interest. Sharing may be for regional or international security, and BI may provide API to listed law enforcement/intelligence/counter-terrorism-related agencies for national security, law enforcement, immigration, intelligence, and counter-terrorism functions.
Examples include: Bureau of Customs (Department of Finance), Office for Air Transportation Security (Department of Transportation), Philippine Coast Guard (DOTr), Bureau of Quarantine (Department of Health), National Bureau of Investigation (Department of Justice), Philippine National Police (Department of the Interior and Local Government), National Intelligence Coordinating Agency, Anti-Terrorism Council, Armed Forces of the Philippines, National Security Council.
Where disclosure is authorized, the recipient agency is likewise bound to comply with Republic Act No. 10173 (Data Privacy Act of 2012) and other relevant laws.
Unauthorized disclosure, sharing, publication, or use of API information is punishable under the relevant provisions of RA 10173, as well as criminal and civil service laws, rules and regulations.
The EO provides that the captain/master/agent/owner of the commercial carrier shall be liable for administrative fines under Commonwealth Act No. 613 and its implementing rules and regulations for failure to provide API or to include a passenger/crew/non-crew member in the API. The penalty applies regardless of whether BI eventually cleared the person for entry, without prejudice to other administrative, civil, or criminal charges.
Unless the information is classified as terrorism- or crime-related, data in APIS must be maintained for no more than twelve (12) months from collection. After that, the data must be erased, destroyed, or disposed of in accordance with rules and regulations to be promulgated.
BI must issue implementing rules and regulations in consultation with the National Privacy Commission and other relevant agencies within sixty (60) days from the EO’s effectivity.
It takes effect immediately upon publication in the Official Gazette or in a newspaper of general circulation.