Law Summary
CEZA's Authority to Issue Visas
- CEZA is authorized to receive, process applications, and issue the following visas for foreign nationals connected with the Zone:
- CEZA Investor's Resident Visa (CIRV)
- CEZA Working Visa (CWV)
- CEZA Dependent Visa (CDV)
- Visa issuance follows provisions under Republic Act No. 7922 (Cagayan Special Economic Zone Act of 1995) and its implementing rules.
Validity and Restrictions of CEZA Visas
- Visas issued by CEZA are valid both within and outside the Zone.
- Holders may only engage in gainful employment or business activities approved or registered with CEZA.
- BI retains full authority to enforce immigration laws within the Zone, ensuring no diminution of its jurisdiction.
Visa Upon Arrival (VUA) Procedures
- The BI Commissioner may grant a single-entry Visa Upon Arrival (VUA) valid for seven (7) days for CEZA Preferential Visitors upon application at least 48 hours before arrival.
- Documentary requirements include: letter request from CEZA-licensed locator, endorsement letter from CEZA, sworn guarantee, passport copy, flight details, and BI clearance certificate.
- Extensions of the initial seven-day stay may be granted twice, each not exceeding 30 days, upon CEZA's endorsement.
Conversion of Immigration Status
- CEZA may convert a valid VUA or Temporary Visitor's Visa (TVV) to CIRV, CWV, or CDV without requiring exit from the Philippines, subject to submission of BI Clearance Certificate.
- Employees with non-CEZA working visas must convert to CEZA working visas and secure CEZA Cards by December 31, 2014, or face visa cancellation and mandatory exit.
Admission Status of CEZA Visa Holders
- VUA holders admitted as temporary visitors are noted as "CEZA VUA" under Section 9(a) of Commonwealth Act No. 613, as amended.
- CEZA visa holders enjoy multiple entry and exit privileges without the need for Alien Certificate of Registration Identity Card (ACR I-Card), Re-Entry Permit, Special Return Certificate, Emigration Clearance Certificate, or other BI clearances.
Visa Downgrading Process
- Downgrading requests must be filed within five (5) days from visa cancellation at the BI Main Office for final resolution.
- Required documents include a letter request citing reasons, CEZA endorsement and visa cancellation order, passport copies, CEZA Card copy, and derogatory record verification.
- Foreign nationals with downgraded visas must exit the country within the prescribed period or face deportation proceedings.
CEZA Card Issuance and Recognition
- All CEZA visa holders are required to secure a CEZA Card containing personal data, biometric information, and transaction records.
- The validity of the CEZA Card aligns with that of the associated CEZA visa.
- BI recognizes the CEZA Card as a valid immigration and travel document.
- CEZA must provide BI with IT resources to enable real-time electronic access to CEZA Card data, secured by a robust network security system with advanced anti-malware and intrusion detection capabilities.
CEZA Card Use at Ports of Entry and Exit
- CEZA visa holders must present their CEZA Card during primary immigration inspection.
- Failure to present a valid CEZA Card may result in denied exit or entry, with possible inclusion in the BI Blacklist subject to CEZA's recommendation.
- CEZA clearance is required for exit if the CEZA Card is not presented.
Fees and Payments
- Applications require an Order of Payment Slip outlining fees such as visa application, certificate fees, legal research, and express lane charges.
- Payment of fees is mandatory prior to processing any application or request.
- Fee schedules are subject to BI's adjustment without the necessity of prior consent from CEZA.
Monitoring and Compliance
- BI and CEZA representatives shall conduct routine visits and inspections of locators and foreign nationals within the Zone to enforce immigration compliance.
- BI may conduct individual inspections in urgent cases with prior CEZA coordination.
Immigration Courtesy Lane and Liaison Officers
- CEZA visa holders and Preferential Visitors are entitled to use an Immigration Courtesy Lane at all international ports.
- BI may accredit up to two CEZA Liaison Officers authorized to handle transactions with BI on behalf of CEZA and its locators.
Reporting and Recordkeeping
- CEZA must report within 30 days foreign nationals granted, canceled, or revoked CEZA visas.
- CEZA must also report the identities of Preferential Visitors who entered under VUA monthly.
- BI will submit monthly reports on CEZA visa holders who face immigration enforcement actions.
Derogatory Records
- BI may include CEZA visa holders or preferential visitors in the derogatory record upon CEZA's recommendation.
- Removal from derogatory records requires CEZA’s favorable endorsement.
Review, Amendment, and Effectivity
- The MOA and IRR shall be reviewed every two years or sooner if requested by either party.
- Amendments must be in writing and signed by both BI and CEZA to be enforceable.
- The IRR take effect 15 days after publication in a newspaper of general circulation.
Miscellaneous Provisions
- Consent or judicial/legislative changes affecting any provision do not invalidate the remainder of the IRR.
- The parties commit to cooperation and information sharing ensuring implementation efficiency.
Schedule of Fees Highlights
- Visa Upon Arrival application fee is US$100 or peso equivalent plus local fees.
- VUA extensions accrue incremental fees including legal research and express lane charges.
- Downgrading fees vary depending on visa status and include application, update, legal, and certificate fees.
This comprehensive framework underpins the cooperation between the BI and CEZA to facilitate efficient immigration processes and regulatory compliance within the Cagayan Special Economic Zone and Freeport.