[ BI IMMIGRATION MEMORANDUM CIRCULAR NO. SBM-2014-011, August 18, 2014 ]
RULES AND REGULATIONS IMPLEMENTING THE ALIEN REGISTRATION PROGRAM (ARP)
Date Filed: 29 August 2014
The Alien Registration Program (ARP) is a Department of Justice (DOJ) - Bureau of Immigration (BI) initiative designed to register, map and enroll fingerprints of aliens. It aims to register 1.5% of the total alien population index.
To implement, the ARP module shall be integrated in the Bureau of Immigration Information System (BIIS) and deployed at all participating ports.
I. PRELIMINARY PROVISIONS
Section 1. Policy Objectives. - These Rules shall: (i) Set-up an ARP module capturing for the registration/fingerprint of aliens through biometric data; (ii) Install a BISS software solution with the ARP as a module; and (iii) Ensure full-system compliance and inter-operability with the National Justice Information System (NJIS).
Section 2. Definition of Terms. - As used in these Rules, unless the context indicates otherwise -
- Alien refers to any person who is not a citizen of the Philippines;
- Applicant refers to an alien who files an application;
- Application refers to the ARP application form and its supporting documents filed by an alien who avails of the Program;
- BI Head refers to Heads of BI district, field, one-stop-shop, extension and satellite offices;
- Committee refers to the ARP committee;
- Application Form refers to the ARP application form; and
- Program refers to Alien Registration Program (ARP).
II. PROCEDURE IN ARP REGISTRATION
Section 3. Aliens Who Shall Register Under the Program. - Unless otherwise provided by law, all aliens whether documented or undocumented, shall register under the ARP. Section 4. ARP Application Form. - The Application Form shall be the ARP Form 1.
Section 5. Where to Get Application Form. - Application forms are available at all BI offices and downloaded via www.immigration.gov.ph.
Section 6. Supporting Documents. - An application form shall be accompanied by any document evidencing identity of the applicant, e.g. Passport, ACR I-Card.
Section 7. The Period for Filing Application. - The application period shall be 1 October 2014 to 30 September 2015, unless otherwise provided by regulation.
Section 8. Personal Appearance. - Aliens availing themselves under this Rules shall personally-appear before any designated BI office, for interview and biometric-data capturing.
Section 9. Primary Interview of Applicant. All applicants shall be interviewed by the Registration Officer/ACO to verify entries in the application form. In case of visa-related problems, Section 15 applies.
Section 10. Encoding of Applicant Information in the BIIS system. - Complete and verified applications shall be encoded in the BIIS system by the Registration Officer.
Section 11. Special Security Registration Number (SSRN). - Aliens registered under the program shall be designated an encoded alphanumeric, non-transferable registration number in the issued ACR I-Card.
Section 12. Biometrics Capturing and payment of fees. - (i) Nonregistered applicants shall be required to undertake biometrics-capturing, after payment of $50.00 ACR I-Card fee and P500.00 express lane fee; and (ii) Registered applicants with valid ACR I-Cards may request for biometrics capturing and issuance of new ACR I-Card with SRRN, upon payment of $20.00 and P500.00 express lane fee.
Section 13. Renewal/Reissuance of ACR I-Cards - Registered applicants for renewal/reissuance of ACR I-Cards shall undergo the standard ACR I-Card processing by the Alien Registration Division (ARD), before issuance of new ACR I-Card with SRRN.
Section 14. Issuance of ACR I-Card with SRRN. - An ACR I-Card bearing an SRRN subject to varying restrictions (e.g. this card shall not be used for any private or government transaction) shall be printed after three (3) working days from date of filing of application.
Section 15. Secondary Interview of Applicant. - In case of visa-related problems, the ACO/BI Head shall conduct a secondary interview to provide assistance, recommend visa options and suggest remedy mechanism.
Section 16. Remedial Mechanisms for Visa-Related Problems. - The ACO/BI Head may recommend visa options and remedial mechanisms, such as waiver from prosecution for RA-562-related offenses during the period of the program or pendency of compliance and reduction on penalties and fees subject to existing rules and regulations.
III. DUTIES AND FUNCTIONS
Section 17. The Committee on ARP. - The Committee on ARP shall be composed of: (i) Chairman; (ii) Secretariat; and (iii) members from Information and Communications Technology Section (ICTS) and Intelligence Division (Intel).
Section 18. Duties and Functions of the Chairman. The ARP Chairman shall: (i) Implement/Revise/Modify/Amend Rules and Regulations on the conduct of ARP; (ii) Re-align the use/allocation of Biometric devises based on necessity, subject for the Commissioner s approval; (iii) Approve request for mobile biometrics capturing and (iv) Submit a monthly accomplishment Report to the Commissioner every 20th of the month.
Section 19. Duties and Functions of the Secretariat. The Secretariat of the Committee shall have the following functions: (i) Collect all duly filled-out ARP applications forwarded by other BI offices for storage at the BI main office; (ii) Deliver, Inspect and Account all biometric devices with representatives from ICTS and Property Section (iii) Notify members of scheduled meetings; (iv) Record committee proceedings and (v) Prepare quarterly progress report to be submitted every 15th of the month.
Section 20. Duties and Functions of the ICTS. The ICTS shall: (i) Ensure connectivity of the ARP system and database to the BI Main Office (ii) Collect all data captured by the other BI offices for storage at the BI main office; (iii) Coordinate with proponents on system and device maintenance, (v) Act as intermediary between proponent and end-users on technical support issues and (vi) Submit a monthly report to the ARP Chairman every 15th of the month.
Section 21. Duties and Functions of Intel. The Intel shall: (i) Assist the Committee in the ARP implementation; and (ii) Collect and submit Intel reports and findings to the ARP Chairman every 15th of the month.
Section 22. Duties of the Proponent (Securlink). The proponent shall: (i) Deliver, Install and Maintain ARP system and equipment (ii) Provide end-users with the proper training on system maintenance and use (iii) Ensure constant coordination with the ICTS on technical maintenance and support; (iv) Submit weekly report on the status of all ARP biometric data-capturing devices to the ARP Chairman every 15th of the month and (v) Replace defective ARP equipment within forty-eight (48) hours from receipt of request.
Section 23. Duties and Functions of BI-ACOs and Heads. The BI-ACOs and Heads shall: (i) Ensure completeness and accuracy of application and system encoding; (ii) Provide mobile biometrics data-capturing, if warranted; (iii) Safekeeping of allocated ARP devices; (iv) Acts as Registration Officer for purposes of ARP; (v) Coordinate with Local Government Units (e.g. Barangays, Municipalities) and other private organizations/institutions (e.g. educational, business, NGO s) within their territorial jurisdictions on the implementation of ARP and (vi) Submit a weekly report to the ARP Chairman; and (vii) Recommend issuance of proper visa or remedy mechanism subject to Commissioner s approval.
Failure to comply with the duties and functions assigned shall subject the concerned BI-ACOs/Heads for Administrative sanctions through the Board of Discipline (BOD). The weekly report shall form part of the performance rating of the ACO/BI Head to be submitted every Monday.
IV. MISCELLANEOUS PROVISIONS
Section 24. Confidentiality of Information. Unless otherwise directed by the Commissioner, all information provided by an applicant under these Rules shall be confidential and may only be used to make determination of the veracity of the factual statements made.
Section 25. ARP Biometric Devices Allocation. There shall be an initial 43 ARP devices for disposition of ARP Chairman to BI-Main office and other BI district, field, one-stop-shop, extension and satellite offices. (Annex A )
Section 26. Expenses Incurred During Mobile Biometrics Capturing. All expenses incurred during mobile biometrics capturing maybe reimbursed or issued through cash advances, subject to: (i) Usual accounting and budget procedures and (ii) Approval by the Commissioner.
Section 27. Reportorial Requirements. The ARP Secretariat through the Commissioner of Immigration shall prepare quarterly progress report for the Secretary of Justice.
Section 28. Penalty. An applicant who knowingly makes an untruthful statement in the application shall be liable under the Alien Registration Act of 1950 (RA 562), Section 6.
Section 29. Repealing Clause. All other Memorandum inconsistent herewith are hereby repealed and/or modified accordingly.
V. EFFECTIVITY
Section 30. Effectivity. These rules shall take effect upon publication in a newspaper of general circulation.
Furnish a copy of this Circular to the Office of the National Administrative Register (ONAR), U.P. Law Center, Diliman, Quezon City.
18 August 2014
(SGD) SIEGFRED B. MISON
Commissioner