Policy and purpose declared by law
- The State recognizes that utilizing the expertise of science, technology or innovation experts of Filipino descent is vital to the nation’s political, economic, and social development efforts (Section 2).
- The State adopts a policy to support the participation of science, technology or innovation experts of Filipino descent in research and development initiatives (Section 2).
- The law grants benefits, incentives, and privileges to encourage and support participation of Filipino scientists and experts in strengthening scientific and technological human resources of public or private institutions and industry (Section 2).
- The law targets accelerating the development of new or strategically important technologies vital to national development and progress (Section 2).
Balik Scientist Program creation
- A Balik Scientist Program is created under Republic Act No. 11035 and administered by the Department of Science and Technology (DOST) (Section 3).
- Under the Program, the DOST must survey and identify local scientific and technological expertise that is absent or limited and may be addressed by Balik Scientists in coordination with host institution(s) (Section 3(a)).
- Under the Program, the DOST must manage and facilitate processing of applications and awards for short-term, medium-term, or long-term engagement of Balik Scientists in coordination with host institution(s) (Section 3(b)).
- Under the Program, the DOST must provide and facilitate the release of appropriate benefits and incentives for Balik Scientists who pass the DOST application process in coordination with the relevant host institution(s) (Section 3(c)).
- Under the Program, the DOST must issue rules and regulations for efficient provision of benefits and incentives, including clarification of pertinent rules and regulations of other government agencies (Section 3(d)).
- Under the Program, the DOST must monitor implementation and the fulfillment of agreed obligations and responsibilities of Balik Scientists in coordination with the host institution(s) (Section 3(e)).
- Under the Program, the DOST must assess actual and/or anticipated impact of each engagement and the overall Program implementation (Section 3(f)).
- Under the Program, the DOST must issue guiding science, technology or innovation research and development, and industry development agenda to guide prioritization of awards and grants-in-aid (Section 3(g)).
- The DOST must prioritize awards and grants-in-aid that complement or address needs in ongoing or prospective government programs and projects of local and national significance (Section 3).
- The DOST determines other privileges and incentives that may be extended to Balik Scientists (Section 3).
General objectives and engagement activities
- The Program aims to strengthen scientific and technological human resources of the academe, public and private institutions, including locally registered enterprises, to promote knowledge sharing and accelerate the flow of new technologies into the country (Section 4).
- The DOST must approve and award short-term, medium-term, and long-term engagements to Balik Scientists (Section 4).
- Balik Scientists must participate in activities such as mentorship, training, lecture, research and development, technology transfer initiatives, and other similar endeavors under an agreement among the DOST, the Balik Scientist, and the host institution (Section 4).
- The law requires due consideration of national priorities and agenda on science, technology or innovation, research and development, and industry development in awarding engagements (Section 4).
Defined terms: who and what
- A Balik Scientist is a science, technology or innovation expert or professional, as certified by the DOST, who is a Filipino citizen or a foreigner of Filipino descent, and is accorded benefits and incentives under the Act to undertake science and technology activities along his or her field of expertise with a host institution under short-term, medium-term, or long-term engagement (Section 5(a)).
- A Balik Scientist must be either:
- a resident of another country at the time of application; or
- a Philippine-resident for not more than three (3) years at the time of application, beginning from the most recent date of arrival from overseas education or employment along the field of expertise (Section 5(a)(1)-(2)).
- Balik Scientists may include those without graduate degrees equipped with exceptional expertise (Section 5(a)).
- Balik Scientist Program means the Program institutionalized under the Act (Section 5(b)).
- A Host Institution is a government, agency, public or private academic institution, or a locally registered enterprise in the Philippines that will undertake science, technology or innovation activities or research and development initiatives with a Balik Scientist (Section 5(c)).
- Short-Term Engagement is an engagement term with a minimum duration of fifteen (15) days and a maximum duration of six (6) months per award, to be served within one (1) year from the date of the award (Section 5(d)).
- Medium-Term Engagement is more than six (6) months but not to exceed one (1) year per award, to be served within two (2) to three (3) years from the date of the award (Section 5(e)).
- Long-Term Engagement is more than one (1) year to three (3) years, subject to renewal determined by the DOST, to be served within five (5) years from the date of the award (Section 5(f)).
Eligibility benefits and incentives
- All Balik Scientists under short-term, medium-term, or long-term engagements are eligible for the general benefits, incentives, and privileges under Section 6 (Section 6).
- Balik Scientists are exempt from the licensing or permitting requirements of the Professional Regulation Commission (PRC), provided the DOST submits to the PRC the list of Balik Scientists with the corresponding duration of awarded engagement (Section 6(a)).
- Balik Scientists must be covered by accident and medical insurance covering the duration of the engagement awarded by the DOST (Section 6(b)).
- Balik Scientists receive reimbursement of expenses for excess baggage allowance related to scientific project or activities (Section 6(c)).
- Balik Scientists are exempt from renouncing their oath of allegiance to the country where they took the oath, unless the Balik Scientist, after service, decides to repatriate and retain the government position, as applicable (Section 6(d)).
- Balik Scientists receive tax and duty exemption in the donation of equipment, instruments, and materials to the DOST, with the DOST bearing the freight and storage expenses related to the importation and transportation of donated equipment, instruments, and materials (Section 6(e)).
- Balik Scientists receive tax and duty exemption in the importation of professional equipment, instruments, and materials of the Balik Scientists (Section 6(f)).
Term-specific program benefits
- For Short-Term Program engagements, Balik Scientists receive:
- one (1) round-trip airfare originating from a foreign country to the Philippines, exempt from Philippine Travel Tax (Section 7(a)(1));
- when applicable, application for a visa duly subsidized and facilitated by the DOST, whose validity covers the duration of the awarded engagement (Section 7(a)(2));
- tax exempt daily allowance to be determined by the DOST (Section 7(a)(3)); and
- participation in Grants-in-Aid (GIA) research and development projects of the DOST, subject to guidelines in the implementing rules and regulations, and the grant may be provided and released through the host institution for project implementation in accordance with relevant government regulations and the Program’s needs (Section 7(a)(4)).
- For Medium-Term Program engagements, Balik Scientists receive:
- one (1) round-trip airfare originating from a foreign country to the Philippines, exempt from Philippine Travel Tax (Section 7(b)(1));
- when applicable, a visa duly subsidized and facilitated by the DOST, with validity covering the duration of the awarded engagement (Section 7(b)(2));
- tax exempt daily allowance with rates to be determined by the DOST (Section 7(b)(3)); and
- participation in GIA research and development projects of the DOST under the same implementing-rules-guideline structure for grant release through the host institution (Section 7(b)(4)).
- For Long-Term Program engagements, Balik Scientists receive:
- one (1) round-trip airfare for the awardees, their spouses, and minor dependents, originating from a foreign country to the Philippines, exempt from Philippine Travel Tax (Section 7(c)(1));
- Special Relocation Benefits, including:
- a special nonimmigrant visa for awardees, spouses, and minor children, with validity covering the duration of the awarded long-term engagement (Section 7(c)(2)(i));
- exemption from securing an alien employment permit from DOLE for Balik Scientists and their spouses (Section 7(c)(2)(ii));
- exemption from submission of an immigration clearance certificate and payment of multiple entry fees (Section 7(c)(2)(iii));
- tax and duty exemption in the importation of personal and household effects, professional equipment, instruments, and materials (Section 7(c)(2)(iv));
- tax and duty exemption in the importation of one (1) motor vehicle with GVW not exceeding 3.5 tons, subject to the motor vehicle classification standard set by the Bureau of Customs, with the Balik Scientist (assisted by the DOST) ensuring compliance with other applicable rules and regulations (Section 7(c)(2)(v));
- an endorsement from the DOST serving as a substitute for the required personal appearance (Section 7(c)(2)(v));
- exemption from posting bond and exportation of the motor vehicle to the country of origin upon expiration of the award (Section 7(c)(2)(v));
- admission assistance to preferred schools for minor children (Section 7(c)(2)(vi));
- assistance in securing job opportunities for the spouse (Section 7(c)(2)(vii));
- relocation allowance to be determined by the DOST (Section 7(c)(2)(viii)); and
- monthly housing or accommodation allowance (Section 7(c)(2)(ix));
- participation in GIA research and development projects of the DOST under the same implementing-rules-guideline structure for grant release through the host institution (Section 7(c)(3)); and
- funding for the establishment and development of a facility or laboratory, with the facility or laboratory deemed government property (Section 7(c)(4)).
R&D leadership roles and contract inclusion
- Balik Scientist awardees must assume mentorship, leadership, professional or technical roles in the DOST R&D Leadership Program and other similar initiatives (Section 8).
- These roles must be included in the contract among the DOST, the host agency, and the Balik Scientist awardee (Section 8).
Administration, coordination, and priority areas
- The Balik Scientist Program is administered by the DOST (Section 9).
- The DOST coordinates Program activities with other departments, agencies, bureaus, and government-owned and/or -controlled corporations to implement the Act effectively (Section 9).
- The DOST prioritizes areas including: Space Technology, Artificial Intelligence, Biomedical Engineering, Energy, Agriculture and Food, Biotechnology, Information and Communications Technology, Pharmaceutical, Disaster Mitigation and Management, Environment and Natural Resources, Electronics, Genoraics, Health, Manufacturing, Nanotechnology, Cyber Security, and Semiconductors (Section 9).
- The priority areas are aligned with the Philippine Development Plan, and may vary depending on urgent government needs and programs, as determined by the DOST Secretary (Section 9).
- The DOST may assign the Balik Scientist Program to its sectoral councils to strengthen, institutionalize, and give focus to each council’s priority programs (Section 9).
Other related activities
- The DOST organizes annual conventions to acknowledge the vital role of Balik Scientists in the scientific and economic growth of the country (Section 10).
- The annual conventions must highlight successes of explorations and research of industries, science, technology or innovations, and other emerging technologies (Section 10).
Monitoring, reporting, and data banking
- The DOST must require Balik Scientists to submit accomplishment reports after serving their term to ensure results are properly applied and utilized (Section 11).
- The DOST must submit an Annual Summary Report of the Program to the Committees on Science and Technology of both Houses of Congress, including an accurate account of expenditures and work-related activities for the duration of the term (Section 11).
- The DOST must create and maintain a databank of Balik Scientists who have availed of the Program from the start of implementation to serve as a directory and guide for promoting Filipino scientific research and technological human resources that improve research and development in public and private corporations (Section 12).
Additional benefits through implementing rules
- The DOST may draw up other benefits and privileges to extend to the Balik Scientist in rules and regulations to implement the Act (Section 13).
- Any additional benefits, incentives, benefits, and privileges may be necessary to attract the individual Balik Scientist to come and help in science and technology advancement, including a one-time incentive bonus (Section 13).
Appropriations, IRR, and timeline
- Funds necessary to carry out the Act must be included in the DOST’s annual budget in accordance with the annual General Appropriations Act (Section 14).
- Within ninety (90) days from the Act’s effectivity, the DOST must promulgate the necessary implementing rules and regulations in consultation with concerned agencies and other relevant stakeholders (Section 15).
Separability and repealing provisions
- If any provision is declared unconstitutional, the invalidity does not affect the validity of the other provisions (Section 16).
- All laws, decrees, orders, rules, regulations, and other issuances or parts inconsistent with the Act are repealed or modified accordingly (Section 17).