In order to further rationalize the alien employment regulation program under Title II, Book I of the Labor Code as amended, the following guidelines relative to the issuance of alien employment permits to expatriate employees of trading companies are hereby issued for the information and guidance of all concerned:

1. Expatriate employees of trading companies holding treaty trader employee (9d) visas shall be required to secure alien employment permits ( AEPs) from the Department of Labor and Employment, which shall be valid for one (1) year and subject to renewal.  Subject employees, being considered as holding positions of confidence, shall not be required to have understudies.

2. Expatriate employees of trading companies holding pre-arranged employment (9g) visas shall likewise be required to secure alien employment permits.  However, being engaged on the basis of individual skills and expertise which may be transferred to Filipinos, subject employees shall be required to have understudies, unless they are explicitly exempted by existing guidelines.

The Bureau of Local Employment is hereby instructed to ensure that arrangements with the Commission on Immigration and Deportation (CID) be firmed up with respect to requiring the presentation of an AEP prior to the approval of a petition for a treaty trader employee (9d) visa.

Effective immediately, all Regional Directors are hereby instructed to fully implement these guidelines.

For compliance.

Adopted: 6 Feb. 1990

(SGD.) RUBEN D. TORRES

Secretary