Title
Guidelines on FPA Accreditation Transfer
Law
Poea Memorandum Circular No. 14
Decision Date
Apr 14, 2003
Guidelines for the transfer of registration or accreditation of foreign placement agencies outline the necessary requirements and procedures to ensure compliance and facilitate smooth transitions between Philippine recruitment agencies.
A

Essential Requirements for Transfer

  • Formal revocation by the FPA of the Special Power of Attorney (SPA) granted to the former agent, with the revocation being notarized or certified by official bodies at the jobsite.
  • Prior notice by the FPA to the former agent regarding the revocation.
  • Submission of a transfer application by the new agent.
  • Verified SPA issued to the new agent.
  • Submission of manpower request and Master Employment Contract for verification by the Philippine Overseas Labor Office (POLO) located nearest the worksite.
  • Affidavit of assumption of responsibility by the transferee (new) agent.

Processing and Action on Transfer Applications

  • Upon receipt of the transfer application, the Administration will notify the former agency.
  • The Administration must act on the transfer application within 24 hours if all requirements are complete and no legal impediments exist.
  • Claims related to financial obligations between the FPA and former agent may undergo conciliation by the Administration.
  • Pending conciliation does not prevent the transfer if public interest is involved and all requirements are met.
  • If no amicable settlement is reached in conciliation, disputes may be brought before the appropriate forum.
  • Transfer actions do not affect administrative or other actions the former agent may take against the FPA.

Application to Direct Principals and Employers

  • The stated transfer requirements and procedures equally apply to direct principals and/or employers seeking transfer of registration or accreditation.

Repeal and Effectivity

  • All prior inconsistent issuances, including those applicable to special markets, are repealed or modified accordingly.
  • The memorandum circular becomes effective fifteen (15) days after its publication.

Legal authority and Compliance

  • Issued under Section 10, Rule I, Part III of the 2002 POEA Rules and Regulations on land-based overseas workers' recruitment and employment.
  • Emphasizes strict compliance by stakeholders involved in the transfer of FPA accreditation or registration.

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