Commercial carriers asked to provide Bureau of Immigration advance passenger information

December 16, 2020

President Rodrigo Duterte has issued an executive order requiring commercial carriers to provide the Bureau of Immigration advance passenger information.

Under EO No. 122 issued on December 15, Duterte underscored the need to enhance Philippine border control through the "strict and intensified enforcement" of Philippine immigration laws and upgrading of screening capacity to enhance border integrity, manage international traffic flow amidst dramatic growth in passenger numbers, and ensure public safety and security.

"The captain, master or agent, or owner of a commercial carrier whose vessel or aircraft is arriving in or departing from any port within the Philippine territory, shall provide the BI the API of its passengers, and those of the crew and non-crew members," the EO read.

If those individuals failed to do so, they will be held liable for the payment of appropriate administrative fines.

API pertains to an electronic communication containing passenger- or crew/non-crew-related information, which is transmitted to the BI prior to arrival or departure and made available on the primary line at the port of entry.

It includes data relating to the flight, such as flight number, arrival and departure times; and individual passenger or crew/non-crew, such as name, date of birth, gender, citizenship and travel document data that may be found in the machine readable zone of the passport or its equivalent.

"The API shall serve as initial security vetting of passengers, crew and non-crew members to effectively facilitate and expedite the arrival and departure process of legitimate travelers during primary inspection," the Order said.

API, however, shall not exempt any passenger, crew or non-crew member from submitting to physical inspection at the immigration counters of the ports of entry or departure.

Duterte tasked the BI to ensure that the API data elements required are limited to the minimum necessary, and data integrity is protected.

After the Immigration received the API, it shall perform security vetting or derogatory information verification of the passengers, crew or non-crew members using its database and, whenever necessary, other available law enforcement and non-law enforcement databases, including notices issued by the International Criminal Police Organization and those subject of United Nations Security Council sanctions and travel bans.

The BI is also directed to correct errors in the event that they are found in the API.

An individual may only seek access to the API supplies by the commercial carrier if he or she is the subject of the data being accessed.

Only personnel authorized by the Commissioner of Immigration shall have access to API System.

The Immigration agency may share information contained in the API in furtherance of regional or international security.

Any unauthorized disclosure, sharing, publication or use of the information considered as API shall be punishable in accordance with law.

The passengers, crew or non-crew members who were complicit in the omission of their names or not included in the API shall be dealth with in accordance with immigration protocols under relevant laws, rules and regulations.

Duterte tasked the BI, in consultation with the National Privacy Commission and other relevant agencies, to issue rules and regulations for the implementation of the Order within 60 days from its effectivity.

The Order shall take effect immediately upon publication in the Official Gazette or a newspaper of general circulation. Celerina Monte/DMS