Law Summary

I. Introduction

• This memorandum circular provides guidelines for the accreditation of Japanese principals who wish to hire Overseas Performing Artists (OPAs) from the Philippines, following the lifting of the suspension of accreditation per Department Order No. 37, Series of 1996.

II. Documentary Requirements for Initial Accreditation

• Philippine recruitment agencies must submit the following documents to obtain initial accreditation for Japanese principals hiring OPAs:

  • Special Power of Attorney (SPA): An authenticated SPA issued by the Japanese principal/promotions agency in favor of the Philippine recruitment agency.

  • Recruitment Agreement: An authenticated agreement between the licensed Philippine recruitment agency and the Japanese principal.

  • Model Employment Contract: An authenticated and verified employment contract template.

  • Affidavit of Undertaking: A verified affidavit executed by the foreign promoter/principal.

  • Initial Booking: Verification of a booking for at least 50 OPAs, spread over a year.

  • Pre-qualification Certificate: Issued by the Office of the Labor Attache, contingent upon a briefing attendance by company officials.

  • Escrow Deposit: A deposit of US $20,000 or equivalent in Philippine currency in a local bank.

  • Memorandum of Agreement: A verified agreement between the Philippine entertainment industry association and its Japanese counterpart, complying with prior regulations.

III. Renewal of Accreditation

• For principals accredited before the issuance of Department Order No. 37, Series of 1996, the following is required for renewal:

  • All Initial Requirements: Submission of all initial accreditation documents.

  • Clearances: Obtain clearances from the Office of the Labor Attache, Welfare and Employment Office, and Adjudication Office of the POEA regarding complaints and cooperation in case resolutions.

• Validity: The accreditation is valid for two (2) years unless revoked earlier by the POEA.

IV. Sanctions for Violations

• Any violation of the provisions in this circular will incur sanctions as per existing regulations on overseas employment.

V. Implementation

• This circular is effective 15 days after its publication in a newspaper of general circulation.

Key Takeaways

• Philippine recruitment agencies must comply with strict documentary requirements to obtain or renew accreditation for hiring OPAs by Japanese principals.
• Accreditation is valid for two years and subject to renewal conditions, including clearance from relevant authorities.
• Violations of the circular's provisions can lead to sanctions according to existing overseas employment regulations.