Title
BI Accreditation Guidelines for Private Entities
Law
Boi Memorandum Circular No. Mcl-09-002
Decision Date
Feb 18, 2009
The Bureau of Immigration establishes guidelines for the accreditation of private entities and their representatives, ensuring compliance with immigration laws and promoting integrity through mandatory training, bonding, and strict monitoring to prevent corruption and streamline transactions.

Law Summary

Application and Accreditation Requirements

  • Applications must be submitted in writing to the Commissioner, addressed to the Chairman of the Accreditation Center.
  • Applicants must comply with specific accreditation requirements detailed in Annex A.

Terms, Validity, and Integrity Checks

  • Accreditation is granted upon full compliance with accreditation requirements and issuance of accreditation certificates.
  • Accreditation IDs are issued to representatives after training and integrity checks.
  • Accreditation is valid for one year from issue date but can be terminated for violations of BI laws or accreditation policies.

Bond Posting

  • All APEs except law offices must post a bond of PHP 100,000 to ensure compliance with obligations and the BI Code of Conduct.
  • Bonds may be in cash or surety issued by GSIS or top private insurance companies.

No ID-No Entry Policy

  • Access to BI premises and transactions require accreditation and visible display of a valid accreditation ID.
  • Exceptions include passport owners or relatives with special power of attorney, bona fide lawyers, bona fide employees with special power of attorney, and responsible officers of accredited entities.
  • Expired IDs used on premises will be confiscated and may result in sanctions.
  • Unauthorized persons transacting business may be banned.

Fees and Membership

  • Accreditation fees are PHP 5,000; renewal fees are PHP 3,000.
  • ID issuance fee is PHP 1,000; renewal fee is PHP 500.
  • Representatives, except lawyers, must be members of the Bureau of Immigration Accredited Representatives Association (BIARA) which endorses accreditation applications.

Monitoring, Evaluation, and Compliance

  • The Accreditation Center monitors performance, enforces compliance with rules and the Code of Conduct, and investigates complaints.
  • Reports and recommendations including sanctions are submitted to the Composite Committee on Good Governance.
  • Integrity checks are conducted prior to accreditation.

Budget and Financial Transparency

  • Proceeds from fees support Accreditation Center expenses like transportation and integrity checks.
  • Regular financial reports are submitted for transparency.

Code of Conduct Compliance

  • Accredited representatives must not scout for clients or influence BI employees for pecuniary gain.
  • Employee-relative accreditation restrictions apply to prevent conflicts of interest and nepotism.

Renewal Procedures

  • Renewals require compliance with specific requirements (Annex C).

Training and Re-Training

  • Training covers relevant immigration laws, anti-red tape rules, duties and obligations, the BI Code of Conduct, security policies, and performance evaluation.

Service Charter

  • Accredited entities must adhere to the Accreditation Center’s Service Charter and any future modifications coordinated with the Civil Service Commission.

Sanctions and Penalties

  • The Commissioner may suspend or revoke accreditation after investigations.
  • Violations may result in forfeiture of partial or total cash bond.

Superseding Previous Issuances

  • This memorandum supersedes all previous circulars and orders on accreditation.

Effectivity and Publication

  • The circular takes effect immediately upon publication in a newspaper of general circulation.
  • Copies are filed with relevant government offices including the Civil Service Commission, Office of the Resident Ombudsman, and Development Academy of the Philippines.

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