President Rodrigo Duterte has signed Executive Order 122, which allows the government to adopt and implement the advance passenger information or API system to enhance the Philippines’ border security.
He designated the Bureau of Immigration as the sole government agency to receive or manage the API containing information on the passengers and crew and non-crew members prior to their arrival or departure and made available at the port of entry.
The information includes flight details, name, date of birth, gender, citizenship and travel document data of the individual passengers orcrew/non-crew members.
“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 EO says.
“Philippine border control must be enhanced 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 agency or owner of a commercial carrier that fails to provide API to the BI or to include a passenger, crew or non-crew members in the API will face fines and charges if warranted.
Crew or non-crew members not included in the API will be dealt with in accordance with immigration protocols.
Passengers may be similarly treated if it can be shown that they were complicit in the omission of their names and other data from the API.
Immigration authorities must perform “security vetting or derogatory information verification” of passengers and crew or non-crew members using its database as well as those related to law enforcement. The database includes notices issued by the International Criminal Police Organization and those subject of the United Nations Security Council sanctions and travel bans.
“This, however, shall not exempt any passenger, crew or non-crew member from submitting to physical primary inspection at the immigration counters of the ports of entry or departure.”
Immigration will vet the API 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 bureau may also share information contained in the API to other government agencies such as the Department of National Defense, National Bureau of Investigation, and Anti-Terrorism Council and “in furtherance of regional or international security.”
Unless the information is classified as terrorism- or crime-related, data collected in the API system will be maintained for a period of not more than 12 months from the date of collection.