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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 herebywai,ed e/cept in instances when so required under e/i0ent circumstances$

particularly for fin0erprintin0 and data capturin0 purposes+- In effect$ theUKCA is see1in0 for an e/emption from the requirement of personal

appearance durin0 the hearin0 of their e/patriates2 ,isa application 3 aconcession 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 ,isa80! commercial and

missionary ,isas

D&me*t+ Re/re(

Minimum list9 May

require other rele,ant

documents on a case6to6case basis :A;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-

1Curiously$ 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 is0ranted 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-2In effect$ UKCAP6sponsored e/patriates cannot be required to appear before the Bureau

under any circumstance e/cept for AC: I6Card purposes-3

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FINDINGS:

It is submitted that the *clarified+ UKCAP MOU$ as presently worded$ +1&0(*&tbe 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 0enerationwhile 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,idin0a 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 toinclude 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 ae/clusi,e list of documents to support their 80! ,isa application-

>otably$ an A5P 3 a document required only for a wor1in0 ,isaapplication 3 is one of the documents included in the list par- %0!-

- Personal Appearance- 3 The CBCP4PC5C6MC MOU allows the BI somede0ree 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 fin0erprintin0and 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$ thismust be read in conDunction with the co,ered transactions stated initem #-

Eor your consideration-

RES$ECTFU""# SUBMITTED.

MANUE" S. $"AA III

Cc7 ROMME" S. TACORDA

Attorney I

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