Philippine Immigration Law Update: The Travel Ban Exemption

It has been over six (6) months since most foreign nationals were temporarily banned from entering the Philippines due to Covid-19.  As a result, many foreign nationals who need to travel or return to the Philippines have been unable to do so, and the local companies that need them in the country have faced considerable difficulties in their operations.

The Travel Ban Exemption (“TBE”) is a remedy created by the Philippine government to mitigate the effects of this travel ban. Under Foreign Service Circular No. 29-2020 dated 19 March 2020 issued by the Department of Foreign Affairs (“DFA”), the Secretary of Foreign Affairs or the Undersecretary for Civilian Security and Consular Concerns may exempt, on a case-by-case basis, foreign nationals otherwise covered by the temporary suspension of visa issuances. 

The DFA usually refers TBE applications to one or more of several government agencies (e.g. PEZA, DOLE, DOH, DTI, DOT, etc.) for evaluation and possible endorsement. These agencies will then evaluate and endorse such applications based on the importance and urgency of the need of the applicants to travel to the Philippines. The DFA will then decide whether to accept such endorsement and issue a TBE.

The foreign national may still have to obtain an entry visa from a Philippine embassy or consulate abroad. However, the issuance of the TBE should make this application quite straightforward. The DFA will also coordinate with the Bureau of Immigration (“BI”) regarding the foreign national’s entry into the Philippines. The foreign national must present a copy of the TBE to the Philippine immigration officer at the port of entry. 

Upon arrival in the Philippines, the foreign national, if allowed entry (as the immigration officer may find other grounds to exclude him or her), must still observe medical protocols put in place by the Philippine government in response to the Covid-19 pandemic.  These measures include undergoing Covid-19 testing and being subjected to quarantine for a period of up to fourteen (14) days in an accredited facility. Indeed, these items must be pre-booked prior to the foreign national’s arrival in the Philippines.