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A Philippine ~ Overseas aDD Employment a Administration Republic of the Philippines Department of Labor and Employment BFO Building, Ortigas Avenue cor. EDSA, Mandaluyong City 1501 Website: www.poea.gov.ph E-mail: [email protected] Hotlines: 722-1144, 722-1155 MEMORANDUM CIRCULAR NO.(l6 Series of 2012 TO: ALL CONCERNED Subject: Guidelines on the Deployment of Land-based OFWs to countries certified as compliant with the guarantees on the protection of the rights of OFWs under Section 2 of RA 10022 I. Coverage. These implementing guidelines shall govern the accreditation, registration of principals and foreign employers and the processing and deployment of Land-based workers, pursuant to POEA Governing Board Resolutions (GBR) No. 07 and 08, series of 2012 and Governing Board Resolutions (GBR) No. 02 and 06, series of 2011, Governing Board Resolution (GBR) No. 06, (list attached). 11. Deployment to Compliant Countries. The processing and deployment of workers to countries certified as compliant with the guarantees on the protection of the rights of foreign workers stipulated under Section 2 of RA 10022 shall be allowed, provided that: a. There is no existing deployment ban on the country of destination, i.e. deployment ban due to peace and security conditions; and b. Employer or worker is not on the watch list. Ill. Deployment to Iraq and Libya. Pending the review of the certification on Iraq and Libya by the DFA, the following shall be implemented: a. Registration and accreditation of principals for and processing and deployment of workers to Libya shall be allowed. b. Deployment to Iraq shall be covered by the existing deployment ban due to peace and security conditions. c. Deployment to Kurdistan shall be deferred until the completion of the review of certification of Iraq by the DFA. Hence, accreditation and or registration of principals/employers, processing of employment contracts of hired OFWs and deployment of workers to Iraq, including Kurdistan, shall not be allowed until further advice. BY CRD ON

Philippine Overseas Employment Administration - A aDD ......MEMORANDUM CIRCULAR NO.(l6 Series of 2012 TO: ALL CONCERNED Subject: Guidelines on the Deployment of Land-based OFWs to

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Page 1: Philippine Overseas Employment Administration - A aDD ......MEMORANDUM CIRCULAR NO.(l6 Series of 2012 TO: ALL CONCERNED Subject: Guidelines on the Deployment of Land-based OFWs to

A Philippine~ OverseasaDD EmploymentaAdministration

Republic of the PhilippinesDepartment of Labor and EmploymentBFO Building, Ortigas Avenue cor. EDSA, Mandaluyong City 1501

Website: www.poea.gov.ph E-mail: [email protected]: 722-1144, 722-1155

MEMORANDUM CIRCULAR NO.(l6Series of 2012

TO: ALL CONCERNED

Subject: Guidelines on the Deployment of Land-based OFWs to countriescertified as compliant with the guarantees on the protection of the rightsof OFWs under Section 2 of RA 10022

I. Coverage. These implementing guidelines shall govern the accreditation,registration of principals and foreign employers and the processing anddeployment of Land-based workers, pursuant to POEA Governing BoardResolutions (GBR) No. 07 and 08, series of 2012 and Governing BoardResolutions (GBR) No. 02 and 06, series of 2011, Governing Board Resolution(GBR) No. 06, (list attached).

11. Deployment to Compliant Countries. The processing and deployment ofworkers to countries certified as compliant with the guarantees on theprotection of the rights of foreign workers stipulated under Section 2 of RA10022 shall be allowed, provided that:

a. There is no existing deployment ban on the country of destination, i.e.deployment ban due to peace and security conditions; and

b. Employer or worker is not on the watch list.

Ill. Deployment to Iraq and Libya. Pending the review of the certification on Iraqand Libya by the DFA, the following shall be implemented:

a. Registration and accreditation of principals for and processing anddeployment of workers to Libya shall be allowed.

b. Deployment to Iraq shall be covered by the existing deployment ban due topeace and security conditions.

c. Deployment to Kurdistan shall be deferred until the completion of thereview of certification of Iraq by the DFA.

Hence, accreditation and or registration of principals/employers,processing of employment contracts of hired OFWs and deployment ofworkers to Iraq, including Kurdistan, shall not be allowed until furtheradvice.

BY CRD ON

Page 2: Philippine Overseas Employment Administration - A aDD ......MEMORANDUM CIRCULAR NO.(l6 Series of 2012 TO: ALL CONCERNED Subject: Guidelines on the Deployment of Land-based OFWs to

IV. Deployment to the Vatican and Monaco. Pending issuance of certificationby the DFA on the compliance / non-compliance of these states with theguarantees on the protection of the rights of foreign workers stipulated underRA 10022, processing and deployment of workers for these destinations shallbe on status quo, subject to regulation as may be necessary.

V. Deployment to Non-Compliant Countries. The processing and deploymentof all workers to countries which are not in the list of compliant countriescontained in POEA GBR No. 02, series of 2011, GBR No. 6, series of 2011,GBR No. 07, series of 2012, and GBR No. 08, series of 2012 shall be stoppedimmediately.

Accordingly, the accreditation/registration of principals and or foreignemployers whose job sites are located in countries which are not in the list ofcompliant countries herein attached shall be cancelled. No accreditation orregistration of principals or employers for these countries shall be allowed.Verification of recruitment and employment documents of principals /employers which will recruit workers for non-compliant countries shall likewisebe discontinued.

VI. Deployment of workers to companies and contractors with internationaloperations. The deployment of workers to companies and contractors withinternational operations shall be allowed provided that they are compliant withstandards, conditions and requirements, as embodied in the employmentcontracts prescribed by the POEA and in accordance with internationally -accepted standards.

VII. Validity of Overseas Employment Certificates / e-Receipts IssuedPrior to Date of Effectivity of GBR 08, Series of 2012. OverseasEmployment Certificates (OEC) / e-Receipts, which serve as the travel exitdocument for departing OFWs, issued prior to 25 July 2012 shall be valid forexit clearance.

All previous issuances on the subject which are inconsistent hereto, exceptthose issued in accordance with explicit prohibitions and restrictions, are herebymodified, amended or repealed accordingly.

Effective immediately.

~

~ '\)H NS LEO J. CACDAC

Administrator

PSO/POEA23 July 2012

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LIST OF COMPLIANT COUNTRIES(184)

GBR No. 2, Series of 2011

1. Albania2. Angola3. Argentina4. Australia5. Austria6. Azerbaijan7. Belgium8. Belize9. Bolivia10. Bosnia Herzegovina11. Brazil12. Brunei13. Canada14. Chile15. Colombia16. Costa Rica17. Cyprus18. Czech Republic19. Ecuador20. Estonia21. Finland22. France23. Germany24. Greece25. Guam26. Guatemala27. Guyana28. Hong Kong29. Hungary30. Indonesia31. Ireland32. Israel33. Italy34. Jamaica35. Japan36. Kenya37. Korea (South)

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38. Lao PDR/Laos39. Latvia40. Liechtenstein41. Lithuania42. Luxembourg43. Macau44. Malaysia45. Marshal! Islands46. Mexico47. Myanmar48. Namibia49. New Zealand50. Northern Marianas51. Oman52. Palau53. Paraguay54. Peru55. Poland56. Portugal57. Romania58. Russian Federation59. San Marino60. Slovak Republic61. Slovenia62. South Africa63. Spain64. Suriname65. Sweden66. Switzerland67. Taiwan68. The Netherlands69. Turkey70. United Kingdom71. United States of America72. Uruguay73. Venezuela74. Vietnam

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GBR No. 06, Series of 2011

75. Armenia76. Bahamas77. Belarus78. Benin79. Bermuda80. Burkina Faso81. Burundi82. Cameroon83. Cape Verde84. Central African Republic85. Comoros86. Congo Republic87. Cook Islands88. Democratic Republic of Congo89. Denmark90. Equatorial Guinea91. Fiji92. Gabon93. Gambia94. Ghana95. Grenada96. Guinea97. Guinea Bissau98. Iceland99. Ivory Coast/Cote d'Ivoire100.Jordan101. Kazakhstan102. Liberia103. Madagascar104. Malawi105. Malta106. Mauritius107. Morocco108. Nigeria109. Norway110. Puerto Rico111. Rwanda112. Sao Tome and Principe113. Senegal114. Seychelles

Page 6: Philippine Overseas Employment Administration - A aDD ......MEMORANDUM CIRCULAR NO.(l6 Series of 2012 TO: ALL CONCERNED Subject: Guidelines on the Deployment of Land-based OFWs to

115. Sierra Leone116. Tanzania117.Togo118. Trinidad and Tobago119. Tunisia120. Uganda121. Ukraine

GBRNo. 07, Series of 2012, Additional "compliant countries"

122. Andorra123. Antigua and Barbuda124. Barbados125. Bulgaria126. Cambodia127. Cayman Islands128. Croatia129. Djibouti130. Dominica131. Egypt132. El Salvador133. Ethiopia134. Georgia135. Honduras136. India137. Moldova138. Nauru139. Nicaragua140. Pakistan141. St. Kitts and Nevis142. St. Lucia143. St. Vincent and the Grenadines144. Samoa145. Singapore146. Sudan147. Thailand148. Tonga149. Turks and Caicos150. Tuvalu151. US Virgin Islands152. Vanuatu

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GBRNo. 08, Series of 2012 Additional "compliant countries withoutprejudice to negotiations for the protection of Household Service

Workers"

153. Algeria154. Bahrain155. Bangladesh156. Bhutan157. Botswana158. China159. Dominican Republic160. East Timor/Timor Leste161. Iran162. Kingdom of Saudi Arabia163. Kiribati164. Kuwait165. Kyrgyz Republic/ Kyrgyzstan166. Lesotho167. Maldives168. Micronesia169. Mongolia170. Montenegro171. Mozambique172. Panama173. Papua New Guinea174. Qatar175. Serbia176. Solomon Islands177. Sri Lanka178. Syria.179. Swaziland180. Tajikistan181. Turkmenistan182. United Arab Emirates183. Yemen184. Zambia