[ BOI MEMORANDUM CIRCULAR NO. MCL-09-001-A, March 30, 2009 ]
AMENDING MEMORANDUM CIRCULAR NO. MCL-09-001 DATED 18 FEBRUARY 2009 PROVIDING THE IMPLEMENTING RULES AND REGULATIONS FOR EXECUTIVE ORDER NO. 758 DATED 04 FEBRUARY 2009, ENTITLED PRESCRIBING THE GUIDELINES FOR ISSUANCE OF SPECIAL VISA FOR EMPLOYMENT GENERATION TO CERTAIN INDIVIDUALS AND UNDER SPECIAL CIRCUMSTANCE
Section 2. To Whom Issued - (A) Subject to restrictions imposed by the Constitution and existing laws on control, nationality and/or ownership of working capital, a SVEG shall be issued to a foreigner or foreigners with interests in an entity, firm, partnership or corporation that establishes, expands or rehabilitates a business activity, investment, enterprise or industry for every ten (10) full-time/regular Filipino workers who are actually employed by such entity, firm, partnership or corporation on a long-term basis in the Philippines.
(B) Foreigners exercising managerial functions in an entity, firm, partnership or corporation, that has the power to hire, dismiss and promote employees provide d that they are nominated and their applications for SVEG are endorsed by such entity, firm, partnership or corporation subject to the employment requirement in paragraph (A) hereof.
SECTION 2. Section 14 of t he same Circular is likewise amended to read as follows:
Section 14. Registration and Documentation. Issuance of ACR I-Card and Identification Certificate. Multiple Entry Privileges and Conditional Stay - The Notice of Approval shall direct the alien to report, without need of prior departure from the Philippines, for registration and documentation at the BI. An Alien Certificate of Registration (ACR) I-Card and an Identification Certification (I.D.) shall be issued upon payment of appropriate fees. The A.C.R I-Card and I.D. shall indicate, among others, as follows:
Status Adjusted Without Departure as a Special Non-Immigrant with Multiple Entry Privileges and Conditional Stay in the Philippines under E.O. No. 758 (Series of 2008 in relation to C.A. No. 613, Section 47 (a) (2) under BI Control No._____ .
SVEG holders are exempt from securing Special Return Certificates and Exit Clearance Certificates; Provided, that they are not included in the BI Blacklist, Watchlist and Hold Departure List; Provided further, that they are required to pay annual report fees every first sixty (60) of every year under the Alien Registration Act of 1950, as amended.
SECTION 3. This Memorandum Circular shall become effective immediately upon its publication in the newspaper of general circulation.
Let copies of this Memorandum Circular be filed with the Office of the National Administrative Register (ONAR) at the UP Law Center, UP Complex, Diliman, Quezon City.
Adopted: 30 March 2009
(SGD.) MARCELINO C. LIBANAN
Commissioner
Approved by:
(SGD.) HON. RAUL M. GONZALEZ
Secretary, Department of Justice Padre Faura, Manila