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- All prior inconsistent issuances, including those applicable to special markets, are repealed or modified accordingly.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.