MEMORANDUM

FOR : SIEGFRED B. MISON

Associate Commissioner
RE : REVIEW OF BI-UKCA MOU
DATE : September 25, 2!2
This refers to the request for an opinion of the MOU between the BI and the
United Korean Community Association in the Philippines UKCAP! dated
"eptember ##$ %&&' as clarified by a Memorandum dated "eptember #($
%&&) *UKCAP+ MOU for bre,ity!$ particularly on the implementation of Art-
.b! which states that *P!ersonal appearance of the e/patriate is hereby
wai,ed e/cept in instances when so required under e/i0ent circumstances$
particularly for fin0erprintin0 and data capturin0 purposes+- In effect$ the
UKCA is see1in0 for an e/emption from the requirement of personal
appearance durin0 the hearin0 of their e/patriates2 ,isa application 3 a
concession 0ranted to CBCP4PC5C6MC6sponsored e/patriates-
ANA"#SIS:
A comparison between the pro,isions of the CBCP4PC5C6MC MOU and the
*clarified+ UKCAP MOU re,eals the followin0 star1 contrasts7
CBC$%$CEC-MC MOU UKCA$ MOU
C&'ere( Tr)*+),t-&*+ 80! missionary ,isa
80! commercial and
missionary ,isas
D&,.me*t+ Re/.-re(
Minimum list9 May
require other rele,ant
documents on a case6
to6case basis :A;<:6
&#% series!
5/clusi,e9 Cannot
require other rele,ant
documents par- %!
#
$er+&*)0 Appe)r)*,e May be required
=ai,ed e/cept for
fin0erprintin0 and data
capturin0 i-e-$ AC: I6
Card! purposes
%
V-+) D.r)t-&* >ot e/ceedin0 #& years >ot e/ceedin0 #& years
.
Ta1en to0ether$ it appears that the UKCAP MOU see1s an accommodation
similar to that 0ranted to the CBCP4PC5C6MC-
1
Curiously$ an A5P 3 a document required only for a wor1in0 ,isa application 3 is one of the
documents included in the list- It also appears that the BI will be unable to monitor the
location and acti,ities of the UKCAP6sponsored e/patriate in case a 80! commercial ,isa is
0ranted since only the *latest UKCAP "5C Certificate of :e0istration and By6?aws+ is
required whether for con,ersion or e/tension! under the UKCAP MOU-
2
In effect$ UKCAP6sponsored e/patriates cannot be required to appear before the Bureau
under any circumstance e/cept for AC: I6Card purposes-
3

#
FINDINGS:
It is submitted that the *clarified+ UKCAP MOU$ as presently worded$ +1&.0(
*&t be implemented for the followin0 reasons7
#- It confuses the basic distinction between a 80! commercial and a 80!
missionary ,isa$ i-e-$ the former is based on income4profit 0eneration
while the latter is based on reli0ious4charitable4non6profit wor1-
%- It effecti,ely strips the Bureau of its re0ulatory4law enforcement
powers by7 a! restrictin0 the documents that may be and b! pro,idin0
a blan1et e/emption for UKCAP6sponsored e/patriates from the
personal appearance requirement
.- Covered Transactions- 3 =hile the CBCP4PC5C6MC MOU is limited to
80! missionary ,isa applications$ the UKCAP MOU is broad enou0h to
include both 80! commercial and missionary ,isa applications- This is
clear in the Whereas clauses where the terms *in,estors+$
*businessman+$ *tour 0uides+ and *missionaries+ are mentioned-
@- Documentary Requirements- 3 =hile the CBCP4PC5C6MC MOU does not
pro,ide for a list of supportin0 documents to be submitted with the
80! missionary ,isa application$ the UKCAP MOU pro,ides for a
e/clusi,e list of documents to support their 80! ,isa application-
>otably$ an A5P 3 a document required only for a wor1in0 ,isa
application 3 is one of the documents included in the list par- %A0B!-
C- Personal Appearance- 3 The CBCP4PC5C6MC MOU allows the BI some
de0ree of latitude in obli0in0 the personal appearance of an e/patriate
since it does not e/pressly wai,e the requirement- On the other hand$
the UKCAP MOU e/pressly wai,es the personal appearance of the
UKCAP6sponsored e/patriate */// e/cept in instances when so
required under e/i0ent circumstances$ particularly for fin0erprintin0
and data capturin0 purposes-+
(- Visa Duration- 3 =hile both CBCP4PC5C6MC and UKCAP MOUs pro,ide
that the appro,ed ,isas may be e/tended not e/ceedin0 #& years$ this
must be read in conDunction with the co,ered transactions stated in
item #-
Eor your consideration-
RES$ECTFU""# SUBMITTED.
MANUE" S. $"A2A III

Cc7 ROMME" S. TACORDA
Attorney I
%