FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
Third Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

138

EXPLANATORY NOTE

House Bil. No.

There are natural hazards which always confront us. We should always try to
mitigate the effects of natural hazards and be prepared to act immediately before,
during and after a disaster to minimize, if not prevent, destruction of property and loss of
lives.

Despite all the preparations, these disasters can still wreak havoc and it is in
times of devastation when disaster aid comes from all over the world. As such, the
Philippines must be prepared for the possibility that they may one day require
international assistance to respond to a disaster on their territory. If such an event
occurs, global experience shows that an affected state will benefit from a clear legal
framework for the entry and coordination of international humanitarian assistance, which
balances safeguards for public security and safety against the urgent needs of those
affected by the disaster. States will also find it easier to facilitate the speedy transit of
humanitarian aid destined for other states affected by disaster, if the legal framework is
already in place.

This bill is intended to help the Philippines address some of the legal and
regulatory issues that commonly arise concerning international assistance during
disasters. These issues relate to the entry and operation of assisting international
actors, and also to the coordination of their assistance, especially in the relief and initial
recovery period. Issues in legal entry and operation often include:

4. Delays in the entry of international humanitarian personnel, goods and

equipment due to the requirements of customs and immigration laws which

are not adapted to a situation of urgency;

Imposition of duties, tolls and taxes on relief items and activities;

Problems granting legal recognition of foreign qualifications for specialised

professional personnel; and

4. Difficulties in granting legal recognition for foreign humanitarian organizations,
which mean they may not be able to open bank accounts, hire local staff,
lease premises, or other legal actions necessary for efficient in-country
assistance.

ON


Further, there are also other issues in the quality and coordination of international
relief which may include

1. Importation of unnecessary or inappropriate relief items;

2. Failure to coordinate with domestic authorities and other relief providers;
3. Use of inadequately trained personnel;

4, Failure to consult with beneficiaries;

5. Culturally unacceptable behaviour

This bill will hopefully address these and other issues to ensure that proper and
opportune disaster aid reach the areas affected in as little time as possible

In view of the foregoing, immediate passage of this bill is earnestly sought

Jbbiez -

RUFUS B. RODRIGUEZ
[

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_)
Third Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

gz

House Bill No. _ 5.332

AN ACT
FACILITATING AND REGULATING INTERNATIONAL DISASTER RELIEF AND
INITIAL RECOVERY ASSISTANCE AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the Philippines in
Congress assembled.

Chapter |
General Provisions

Section 1. Short Title - This Act shall be known as the “International Disaster Relief
and Initial Recovery Assistance Act.

Section 2. Purpose and Scope —This Act sets out procedures, roles and responsibilities
related to the facilitation and regulation of international disaster assistance provided to
the Philippines in the event of a disaster on its territory

In particular, this Act:

(i) sets out roles and responsibilities for key officials and departments
concerned with the facilitation and regulation of international disaster
assistance;

(ii) establishes procedures for initiating, coordinating, and terminating
international disaster assistance;

(iil) establishes the mechanism for recognition of eligibility for legal facilities for
certain assisting actors.

(iv) specifies the legal facilities to be provided to such eligible actors; and

(v) specifies that minimum standards are expected from assisting actors
providing international disaster assistance;

Section 3. Definitions — For purposes of this Act,

a. “Assisting Actor’ means any assisting international actor and any assisting
domestic actor responding to a disaster in the Philippines;

b. “Assisting Domestic Actor’ means any non-profit entity established under the
laws of the Philippines, which is responding to a disaster in the territory of
Philippines;


¢. “Assisting International Actor’ means any foreign state, organization, entity or
individual responding to a disaster on the territory of the Philippines;

d. “Assisting State” means any foreign government that is providing disaster relief
or initial recovery assistance to the Philippines, whether through its civilian or
military institutions;

e. “Disaster Relief’ means the goods, equipment, services and internationally
donated funds provided to meet the immediate humanitarian needs of disaster
affected communities;

f, “Disaster” means a serious disruption of the functioning of society, which poses a
significant, widespread threat to human life, health, property or the environment,
whether arising from accident, nature, or human activity, whether developing
suddenly or as the result of long-term processes, but excluding armed conflict;

g. “Domestic Non-Governmental Organization" or “Domestic NGO" means any
non-governmental, non-profit entity, which is registered or created under the laws
of the Philippines and whose mandate and activities are exclusively focused on
humanitarian relief, recovery or development:

h. “Eligible Actor’ means any assisting actor that has been determined to be eligible
to receive legal facilities, in accordance with Chapters V and VI of this Act;

i. "Equipment? means physical items, other than goods, which come from
international sources and are designated for use in disaster relief or initial
recovery assistance, including, but not limited to, vehicles, medical, and
telecommunications equipment,

“Foreign Components of the International Red Cross and Red Crescent
Movement’ means foreign National Red Cross or Red Crescent Societies, the
International Federation of Red Cross and Red Crescent Societies and the
International Committee of the Red Cross;

k. “Foreign Non-Governmental Organization" or “Foreign NGO" means any
nongovernmental, not-for-profit entity not incorporated/registered in the
Philippines, whose mandate and activities are focused on humanitarian relief,
recovery or development’

|. “Goods” means supplies from international sources intended to be provided to
disaster-affected communities for their relief or initial recovery;

m. “Initial Recovery Assistance” means goods, equipment, services and
internationally donated funds intended to restore or improve the pre-disaster
living conditions of disaster-affected communities, including initiatives to increase
resilience to disasters and reduce disaster risk;

n. “Internationally Donated Funds’ means any funds donated by foreign persons or
entities directly to the Government of Philippines or to an assisting domestic
actor for purposes of disaster relief or initial recovery assistance;

0. “International Disaster Assistance” means disaster relief and initial recovery
assistance that is provided by assisting international actors, or imported or
otherwise brought to Philippines from abroad by or on behalf of assisting
domestic actors;

p. “International Disaster Relief Period” means the period following a disaster, as
described in Sections 8 and 9 of this Act, during which the relevant legal facilities



described in Chapter VI are made available to eligible actors for the purpose of
providing disaster relief;

q. “International Initial Recovery Period’ means the period following a disaster, as
described in Sections 8 and 10 of this Act, during which the relevant legal
facilities described in Chapter VI are made available to eligible actors for the
purpose of providing initial recovery assistance;

rt. “international Personne!’ means the staff, and volunteers of any assisting actor
providing disaster relief or initial recovery assistance in the Philippines, being
persons who are neither citizens of Philippines nor domiciled in Philippines prior
to their recruitment by the assisting actor:

s. ‘Legal Facilities’ means the special entitlements and exemptions that are made

available to Eligible Assisting Actors under Chapter VI of this Act;

"Locally Engaged Personnel’ means nationals or persons domiciled in the

Philippines who are recruited as staff or volunteers by assisting international

actors to provide disaster relief or initial recovery assistance;

u, “Services” means activities undertaken by assisting actors to assist disaster
affected communities with their relief or initial recovery, such as search and
rescue activities, medical care, protection services and information services;

v. “Transit Facilities means the special entitlements and exemptions that are made
available to assisting international actors under Chapter VII of this Act

w. “Transit Facilities Period’ means the period following a disaster in another
country, as described in Section 62 of this Act, during which the relevant legal
facilities described in chapter vii are made available to assisting actors for the
purpose of providing disaster relief or initial recovery assistance.

x, “Transport” means the land, air or water vehicles operated on or behalf assisting
actors to transport international personnel, goods and equipment across an
international border for the purpose of providing disaster relief or initial recovery
assistance

Section 4, Existing Rights, Privileges and Immunities - Nothing in this Act shall be
interpreted to limit or reduce the existing rights, privileges or immunities of any assisting
actor as separately recognized by other laws or agreements of the Philippines, and any
status or headquarters agreement between the Philippines and an assisting
international actor.

Chapter Il
Initiation and Termination of International Disaster Assistance

Section 5. Assessment of the Need for International Disaster Assistance ~
a. Immediately after the onset of a major disaster, and in consultation with relevant local
government units and local authorities, the National Disaster Risk Reduction and
Management Council (NDRRMC) shali make a determination, based on initial
estimates, as to whether domestic capacities are likely to be sufficient to attend to the
needs of affected persons for disaster relief and initial recovery assistance. This
determination may also be made, at the discretion of the NDRRMC, prior to the onset of
an imminent major Disaster.


b. In the event of a determination that domestic response capacities are not likely to be
sufficient due to the scale of the disaster, the NORRMC shall advise the President and
recommend that an immediate request be made for international disaster assistance.

©. If such a recommendation is made, the NDRRMC shall, in consultation with relevant
local government units and local authorities, develop a preliminary list of goods,
equipment and services required. The NDRRMC shall make this list available to
potential assisting international actors immediately upon the commencement of an
international disaster relief period pursuant to section 8. The list shall be updated as
needed to reflect new information and c hanging circumstances.

d. A determination that domestic capacities are likely to be sufficient and that
international disaster assistance is therefore unnecessary may be reviewed and
rescinded by the NDRRMC at any time, in light of updated information

Section 6. Requests for International Disaster Assistance —

a. Upon the advice of the NDRRMC, the President may make a request for
International Disaster Assistance. That request may be specifically directed to
particular international actors, or it may be a general request directed to the
international community as a whole

b. The request shall be accompanied by

a. information as to the extent and type of assistance required, based on the
list prepared by the NDRRMC pursuant to Section 5, unless this would
lead to undo delay; and

b. information on the procedures for assisting international actors to make
offers or provide assistance pursuant to Section 7.

Section 7. Offers and Acceptance of International Assistance ~
a. Assisting states and intergovernmental organizations interested in providing
international disaster assistance shall direct offers to Department of Foreign Affairs
(DFA) through, the appropriate Philippine embassy. Offers should indicate, in general
terms, the type, amount and estimated duration of assistance to be provided, The DFA
shall then consult with the NORRMC about such offers. Upon the direction of the
NDRRMC, the DFA may accept such offers, in whole or in part.

b. Assisting states planning to provide aid through military actors shall make such offers
according to agreements between the Philippines and the assisting states and other
relevant laws of the Philippines. They may be accepted, in whole or in part, with the
specific conditions set out in the aforementioned laws, regulations and/or agreements.

c. In the event of a general request for international disaster assistance made pursuant
to section 6(a), assisting international actors other than assisting states and
intergovernmental organizations are exempt from making formal offers. However, they
shall comply with the terms of the general request and shall inform the NDRRMC of the


type, amount and estimated duration of assistance to be provided in advance of their
artival

d. In the absence of a general request for international disaster assistance, assisting
international actors may make unsolicited offers to the DFA through, the appropriate
Philippine embassy. The DFA shall consult with NDRRMC and, upon its direction, may
accept such offers, in whole or in part

Section 8. international Disaster Relief and initial Recovery Periods —
a, the international disaster relief and initial recovery periods shall both commence
simultaneously upon the issuance of a request for intemational disaster assistance
under Section 6, or upon acceptance of an offer under Section 7, and shall continue
until terminated pursuant to Section 9 or Section 10, as appropriate.

b. The legal facilities described in Chapter VI shall only be effective during the
international disaster relief and initial recovery periods.

Section 9. Termination of the International Disaster Relief Period —

a, When, on the basis of updated needs assessments and other information, and in
consultation with assisting actors, the NDRRMC is satisfied that the need for
disaster relief is coming to an end, it shall advise the President to approve a
termination date for the international disaster relief period, with due consideration
for the impact on ongoing relief activities. This termination shall not affect the
ongoing validity of the international initial recovery period

b. The termination date shall be announced to assisting actors no later than 30
days prior to the proposed date. The announcement shall also include
information about the anticipated ongoing needs for goods and services related
to initial recovery assistance, if any

c. Upon the issuance of an announcement pursuant to this Section, the NDRRMC
shall consult with assisting actors actively involved in disaster relief work in order
to reduce any negative impact from the termination and, where necessary, to
ensure an adequate handover of responsibilities.

Section 10. Termination of the International initial Recovery Period -
a. When, on the basis of updated needs assessments and other information, and in
consultation with assisting actors, the NDRRMC is satisfied that the need for
international initial recovery assistance is coming to an end, it shall advise the
President to approve a termination date for the international initial recovery
period, with due consideration for the impact on ongoing initial recovery activities.
b. The termination date shall be announced to assisting actors no later than 30
days prior to the proposed date
c. Upon the issuance of an announcement pursuant to this Section, the NDRRMC
shall consult with assisting actors actively involved in initial recovery assistance
work in order to reduce any negative impact from the termination and, where
necessary, to ensure an adequate handover of responsibilities.


Chapter III
Coordination and Preparedness for International Disaster Assistance

Section 11. Coordination Duties and Powers of the Focal Point Agency —

a, The NDRRMC shall serve as a central focal point agency for liaison between the

government of Philippines and assisting international actors, promoting the

effective facilitation, coordination and oversight of intemational disaster

assistance pursuant to this chapter. As such, the NDRRMC shall serve as the

main counterpart for any applicable international or regional coordination
mechanisms.

b. The NDRRMC shall inform assisting actors and relevant national and local
governmental agencies of their rights and responsibilities under this Act and
orient them to other laws, rules or procedures especially relevant to international
disaster relief and initial recovery assistance

¢. During the international disaster relief and initial recovery periods, the NDRRMC
may order any relevant governmental body of Philippines to undertake actions or
make available assets or premises required to facilitate the work of assisting
international actors to provide disaster relief or initial recovery assistance. Such
bodies shall comply to the fullest extent possible within their legal mandates. Any
order that may impose a substantial burden on the cooperating agency may be
reviewed at its request by the Secretary of agency or department involved.

d. During the international disaster relief and initial recovery periods, the NDRRMC
may likewise request any private actor to undertake voluntary actions, at their
‘own expense, as needed to facilitate the work of assisting international actors to
provide disaster relief or initial recovery assistance. This may include a request to
lower or waive fees or charges for key services required by assisting international
actors and/or to extend operating hours for their provision

Section 12. Taskforce on International Disaster Assistance Preparedness
a. A cross-sectoral Taskforce on International Disaster Assistance Preparedness
(hereinafter "the Taskforce’) shall be established, to operate in accordance with
this Section, under the chairmanship of the NDRRMC with the primary role of
enhancing preparedness for implementation of this Act in case of a disaster
requiring international disaster assistance.

b. The Taskforce shall be composed of representatives from
i. The NDRRMC ;
ii, The Department of Social Welfare and Development;
iii, _ The Philippines National Red Cross;
iv. The Office of the Governor of the Province involved;
v. The Office of the Congressman/Congressmen of the District/s involved;
vi, The Office of the Mayor/s of the city/ies involved;
vi. Such other members as the Taskforce may invite to participate, including
relevant United Nations agencies, regional organizations and Foreign
NGOs


c. The Taskforce shall provide technical advice on preparedness for the facilitation
of international disaster assistance to the NDRRMC. In fulfilling this role, the
Taskforce shall

i

vi

Prepare and update manuals, guidelines, plans or other procedures for
the entry and coordination of international disaster relief and initial
recovery assistance;

Compile and update information on existing bilateral, regional and
international coordination mechanisms applicable the Philippines, and
provide technical advice to the NDRRMC on the further development of
such mechanisms;

Develop and maintain a list of personnel nominated by the relevant
Secretaries to participate in Single Window International Facilitation
Teams (SWIFTs), as described in Section 13, and to assist the
NDRRMC to convene the SWIFTs immediately upon the commencement
of an international disaster relief period pursuant to Section 8, if required
for the volume of international disaster assistance expected;

Advise the NDRRMC on the development of technical quality standards
for international disaster relief and initial recovery assistance, as described
in Chapter IV of this Act;

Develop, in accordance with Chapter V of this Act, procedures,
documentation requirements and information about the responsibilities of
assisting actors under this Act;

Undertake other tasks related to international disaster assistance, as
requested by the NDRRMC.

d. The Taskforce shall meet:

immediately upon the commencement of an international disaster relief
period pursuant to Section 8, to ensure the effective operation of the
SWIFTs described in Section 13 and to advise the NDRRMC on the
application of relevant procedures, manuals and other technical materials
concerning the facilitation of international disaster assistance; and
otherwise as necessary, and in no case less frequently than twice per
year, to review national preparedness for implementing the provisions of
this Act and to carry out the functions assigned to it pursuant to this
Section

Section 13. Single Window International Facilitation Teams (SWIFTs) —

a. Single Window International Facilitation Teams (SWIFTs) shall be established in
accordance with this Section, for the purpose of consolidating and expediting the
legal requirements concerning entry of incoming international disaster relief and
initial recovery personnel, goods, equipment and transport, as well as the
application process for eligibility, as described in Chapter V.

b. In consultation with the Taskforce, the NDRRMC shall establish the membership,
functions, authorities and operating procedures for the SWIFTs, consistent with
this Act and other relevant legislation


c. The SWIFTs shall be composed of representatives of relevant Departments and
Agencies, from the list established and updated by the Taskforce in accordance
with Section 12

d, Upon the commencement of an international disaster relief period pursuant to
Section 8, SWIFTs shall be deployed to primary points of entry for international
disaster assistance, including, as circumstances dictate, relevant airports,
seaports and land border crossing points.

e. In the absence of a SWIFT team at a particular border crossing, officials of the
Bureau of Customs shall nevertheless apply the relevant provisions of this Act.

Section 14. Operational Coordination of Assisting International Actors —

a. National and local authorities shall endeavour to integrate the role of assisting
international actors into their contingency planning and mechanisms for
operational coordination for disaster relief and initial recovery assistance efforts.
In particular, they shall endeavour to facilitate the work of assisting international
actors, while balancing the urgent needs of people affected by disaster and
necessary safeguards relating to public safety and health, coordination and
oversight

b. Assisting international actors shall cooperate and coordinate with National and
local authorities in their disaster relief and initial recovery assistance. In
particular, they shall provide them with such information as is available to them
on the needs, and on the location, type and extent of their disaster relief and
initial recovery assistance operations, as required for a coordinated and effective
response.

¢. Assisting international actors shall cooperate with any international or regional
mechanisms for coordination that have been specifically approved for a particular
operation by the NDRRMC.

Section 15. Limited Exemption from Privacy of Personal Data ~ Public authorities and
assisting actors shall be permitted to share personally identifiable information
concerning disaster-affected persons among themselves for the purpose of avoiding
imminent death or physical harm to individuals, or grave and foreseeable harm to public
health or safety, or for facilitating family reunification


Chapter IV
General Responsibilities of Assisting Actors

Section 16. Principles of International Disaster Assistance —
a. Assisting actors shall comply with the principles of humanity and impartiality in
providing international disaster assistance. In particular, they shall establish their
aid priorities on the basis of need alone and they shall not
i. engage in any adverse distinctions, exclusions or preferences based on
status, such as nationality, race, ethnicity, religious beliefs, class, gender,
sexual orientation, disability, age or political opinion;
ii, seek to further a particular political or religious standpoint or interfere in
internal matters irrelevant to the Disaster response;
iii, seek to obtain commercial gain from their assistance;
iv. gather sensitive information of a political, economic or military nature that
is irrelevant to International Disaster Relief or Initial Recovery Assistance.

b. In addition, non-governmental organizations shall comply with the principle of
independence. In particular, they shall not act as instruments of the foreign
policy of any government

Section 17. Respect for the Dignity of Persons Affected by Disaster ~ Assisting actors
providing international disaster assistance shall respect the dignity of persons affected
by a disaster. In particular, they shall consult with the beneficiaries of their assistance in
the design, implementation, monitoring and evaluation of the disaster relief and initial
recovery assistance they provide.

Section 18. Quality of Goods and Services — Assisting actors shall ensure that the
goods and services they provide are appropriate to the needs and circumstances of
persons affected by the disaster and in compliance with the requirements of this Act and
all applicable laws of the Philippines. Assisting actors shall additionally comply with
technical quality standards as contained by regulations to be developed by the
NDRRMC.

Section 19. Disposal of Unusable Goods, Non-Functioning Equipment and other Waste
= Assisting actors shall ensure that any goods or equipment they import for the purpose
of disaster relief or initial recovery assistance, which are or which become unusable, as
well as any other waste products produced by them in the course of their disaster relief
or initial recovery assistance operations, are destroyed, recycled or otherwise disposed
of in a safe, environmentally sensitive and effective manner and in compliance with
Philippine laws


Chapter V
Eligibility for Legal Facilities

Section 20. Provision of Legal Facilities to Eligible Actors —
a, The legal facilities described in Chapter VI are available only to eligible actors as
described in this chapter and are effective only during the international disaster
relief and initial recovery periods. Unless otherwise stated in Chapter Vi, the

legal facilities are equally effective during both of those periods.

b. All of the legal facilities described in Chapter VI shall be available to assisting
international actors deemed eligible pursuant to Section 21, or approved as
eligible pursuant to Section 22.

c. The legal facilities described in Parts 1 to 5 in Chapter VI shall only be available
to assisting domestic actors deemed eligible pursuant to Section 21 or approved
as eligible pursuant to Section 22, with respect to international personnel, goods,
equipment and transport they bring to the country from abroad to provide disaster
relief or initial recovery assistance

Section 21. Deemed Eligibility for Legal Facilities for Certain Assisting Actors —
a. Upon the commencement of an international disaster relief period pursuant to
Section 8, the following assisting international actors shall be deemed eligible to
receive the legal facilities described in Chapter VI of this Act without a further
application process pursuant to Section 22:
(i) Assisting States;
(ii) Relevant intergovernmental organizations, including United
Nations and regional organizations;
(iii) Any other assisting actor that the NDRRMC wishes to deem eligible

b. In order to facilitate access to the legal facilities, the NDRRMC shall provide
assisting international actors described in Subsection (a) a certificate of eligibility,
upon their request

Section 22. Application for Eligibility for Legal Facilities by Assisting Actors ~
a. With the exception of those deemed eligible pursuant to Section 21, assisting
actors seeking eligibility shall apply in accordance with this Section. assisting
international actors may apply only if they are recognized as a legal person in a
foreign country or under international law.

b. The eligibility of private businesses for legal facilities shall be limited to
assistance from which they make no profit or other commercial gain.

c. Applications for eligibility may be made in advance of any disaster, or after the
onset of a disaster. In the event that eligibility for legal facilities is granted in
advance of a disaster, it will remain valid for 1 year, after which a new application
is required. The legal facilities will enter into legal effect only during an
international disaster relief or initial recovery period


d. All Assisting Actors seeking eligibility shall submit
(i) certified copies of documents evidencing their legal personality in a
foreign jurisdiction or under international law, in the case of assisting
international actors, or under the laws of the Philippines, in the case of
assisting domestic actors;
(ii) the name and full contact details of the authorized representative of the
organization and the address of its headquarters, if any, in the Philippines;
(iil) documentation relating to their previous experience and current
capacity in providing effective disaster relief or initial recovery assistance;
(iv) an undertaking relating to their organizational commitment and
practices concerning the responsibilities set out in Chapter IV.

Section 23. Eligibility Determination and Certificates —

a, The NDRRMC shall respond to any application under Section 22 by either

approving it and issuing a certificate of eligibility for the relevant Chapter VI legal

facilities, or by giving notice that the application has not been approved

(i) For applications made during the international disaster relief period, the

NDRRNC shall respond no later than 2 days after receipt of all required
documents

(ii) For applications made after the termination of an international disaster

relief period but during an international initial recovery period, the

NDRRMC shall respond no later than 5 days after receipt of all required
documents.

b. Applications from assisting actors with significant experience will be accepted
unless the documentation provided or external information raises doubts as to
their capacities, in which case, additional opinions and information may be
gathered prior to making a determination.

c. Upon approval of an application pursuant to Section 22 or upon the request of an
assisting actor deemed eligible pursuant to Section 21, the NDRRMC shall issue
a certificate indicating that the assisting actor is eligible for the relevant Chapter
VI legal facilities. In the case of a domestic assisting actor, the certificate shall
state that the eligibility extends to the legal facilities in Parts 1 to 5 of Chapter VI.

d. A certificate issued in accordance with this Section shall be valid for a period of 1
year from the date of issue and may be renewed through a new decision under
Section 20 or Section 22.

Section 24. Termination of Eligibility for Legal Facilities — Eligibility of assisting actors
for the relevant Chapter VI legal facilities may be terminated upon the request of the
eligible actor concerned or upon the termination of the legal facilities for failure to
comply with this Act, pursuant to Section 56 of this Act.


Chapter VI
Legal Facilities for Eligible Actors

Part 4
International Personnel

Section 25. Disaster Visa — The international personnel of eligible actors shall be
entitled to waiver of entry visa requirements, including any associated fees or charges.
International personnel who enter Philippines under this Disaster Personnel visa waiver
shall be allowed to undertake disaster relief and initial recovery work for their
sponsoring entities without the requirement to seek a separate residence or work
permit. As long as they continue as international personnel of their sponsoring entities,
they shall be entitled to remain in or re-enter the territory as often as necessary
throughout the international disaster relief and international initial recovery periods. After
that time, they may apply for a relevant visa from within the country.

Section 26. Recognition of Foreign Professional Qualifications —
a, Eligible assisting actors wishing to deploy international personnel for tasks requiring
legal recognition of their foreign professional qualifications shall certify the validity of
those qualifications and the competence of their personnel for the tasks envisaged.

b. Within six months of the entry into force of this Act, the Department of Foreign Affairs
shall establish lists of countries and/or educational institutions whose health
professionals, architectural, engineering and other relevant professionals may be given
automatic recognition of their foreign qualifications when certified by an eligible assisting
actor pursuant to subsection (a) of this Section. The lists shall be reviewed at least once
per year and published electronically.

c. The Department of Foreign Affairs shall also establish expedited procedures to be
applied for the assessment and recognition of the foreign qualifications of the
international personnel originating from countries or institutions not included on the
above-mentioned lists, when certified by their sponsoring eligible assisting actor
pursuant to subsection (a) of this Section

d. Recognition of qualifications under this Section shall exempt international personnel
of eligible actors from any obligations for compulsory membership of professional
associations or other professional registration processes within Philippines until the end
of the international initial recovery period

e. Recognition of qualifications under this Section shall remain valid until the end of the
international initial recovery period, absent individual criminal conduct, or other
professional misconduct sufficient to bar the individual from professional practice in the
Philippines


Section 27. Recognition of Foreign Driving Licenses - The Land Transportation Office
(LTO) and other relevant authorities shall accord temporary recognition of the foreign
driving licenses of the international personnel of eligible actors, during the international
disaster response and initial recovery periods.

Section 28. Freedom of Access ~
a. The international personnel of eligible actors under this Act shall be provided freedom
of access to disaster-affected areas and persons requiring disaster relief or initial
recovery assistance, subject only to limitations based on national security, public order
or public health, weighed in the context of the urgency of the disaster needs. They shall
be permitted to provide their goods and services directly to affected persons

b, In situations where the relevant authorities have decided to restrict public access to
affected areas out of concern for the safety of those persons seeking to enter, they shall
warn the international personnel of eligible actors, but allow them to enter, if they may
do so without endangering others and if the international personnel assume the risk.

Part 2
Entry of International Disaster Goods and Equipment

Section 29. Customs Facilitation and Priority Treatment — As further described in this
Part, the Bureau of Customs shall facilitate the rapid importation of consignments of
goods and equipment by eligible actors and shall accord them priority treatment in
handling

Section 30. Duty of Compliance by Eligible Actors — In order to benefit from the legal
facilities in this part, eligible actors shall

a. declare that all the goods and equipment they seek to import under this Part are
exclusively for disaster relief or initial recovery assistance and that they comply with any
relevant standards under national law, including as provided in this Act or its
regulations; and

b. pack, classify and mark their consignments in accordance with the requirements
described in this part and as directed by the Bureau of Customs

Section 31. Representation to Customs - Eligible actors may make representations
directly to the Bureau of Customs with respect to their international disaster assistance
consignments or through a designated third party acting on their behalf.

Section 32. Exemption from Import Duties, Taxes and Restrictions - Consignments of
goods and equipment by or on behalf of eligible actors shall benefit from
a exemption from all duties and taxes;
b. waiver of economic prohibitions and restrictions except for categories of
special goods and equipment as provided in Part 3 of this Act; and


c. clearance without regard to the country of origin or the country from which
the goods have arrived, subject to monitoring for reasons of public health
and security.

Section 33. Simplification of Documentation Requirements - The Bureau of Customs
shall
a. clear or release consignments of goods and equipment sent by or on
behalf of eligible actors on the basis of a simplified / provisional goods
declaration providing the minimum information necessary for the Bureau
of Customs to identify the goods and equipment: Provided, that eligible
actors are subject to completion of a more complete declaration within a
specified period;

b. allow a single goods declaration for all imports of goods or equipment by
or on behalf of eligible actors;
c. allow the goods declaration and any supporting documents relating to

consignments of goods or equipment sent by or on behalf of eligible actors
to be lodged electronically and without any fee;

d. allow the lodging and registering or checking of the goods declaration and
supporting documents prior to the arrival of consignments of goods or
equipment sent by or on behalf of eligible actors, to facilitate their release
upon arrival;

e. waive any requirement of translation of details in documents relating to
consignments of goods or equipment sent by or on behalf of eligible
actors unless it is absolutely necessary for the purposes of release or
clearance

Section 34, Extended Hours for Customs — During the international disaster relief
period only, the Bureau of Customs shall

a. upon request, and without additional charges, carry out the functions necessary for
the release or clearance of consignments of goods or equipment imported by or on
behalf of eligible actors outside their designated hours of business and/or away from
customs offices when necessary; and

b. coordinate with the business hours and competencies of any other relevant
Departments involved in the approval of incoming consignments and, whenever
possible, carry out joint operations, such as joint customs controls, including
participation in SWIFTs, if established under Section 13 of this Act.

Section 35. Inspections and Customs Security — During the international disaster relief
period only, the Bureau of Customs shall

a. on the basis of risk analysis, take only such action as it deems essential to ensure
compliance with customs and related laws for the purpose of checking the goods
declaration of a consignment sent by or on behalf of eligible actors;


b. use risk analysis, preferably on the basis of advance information, to determine which
consignments of goods and equipment imported by or on behalf of eligible actors shall
be inspected and the extent of that inspection:

c. waive, as feasible, any customs security that would normally be required in respect of
consignments of goods and equipment imported on or behalf of eligible actors.

Part 3
Expedited Entry and Use Restrictions for
Specific International Disaster
Goods and Equipment

Section 36. Telecommunications Equipment —

a. Eligible actors shall be permitted to import telecommunications equipment for the
purpose of disaster relief or initial recovery assistance without restrictions, except as
tequired for purposes of national security or public order.

b. Upon notification of the names, frequencies, as applicable, and locations of intended
use of such telecommunications equipment imported by eligible actors, the National
Telecommunications Commission (NTC) shall waive any licensing requirements or fees
for their use.

¢. The NTC shall also grant eligible actors priority over domestic users with the
exception of security forces, ambulance services and other domestic emergency
responders in access to bandwidth, frequencies and satellite use for
telecommunications and data transfer associated with disaster relief and initial recovery
assistance.

Section 37. Medications

a. Eligible actors shall be permitted to import medications and medical equipment for
the purpose of disaster relief or initial recovery assistance so long as they conform to
the requirements of this Section.

b. Any such medications and medical equipment shall be appropriate to the needs of
the disaster-affected persons, and shall be legal for use in the country of origin
according to its laws as well as in Philippines according to appropriate laws on
pharmaceuticals. Pursuant to subsections (c) and (d) below, a distinction shall
otherwise be made between medications intended to be donated for the use of others
and those that eligible actors intend to use directly in providing medical services.

c. Medications that eligible actors intend to use directly in providing medical services in
disaster relief or initial recovery assistance shall be
() transported and maintained by the eligible actor in appropriate conditions
at all times to ensure their quality and;
(i) guarded against misappropriation and abuse


d. Medications intended for donation for the use of others shall be:

() at least 12 months from their expiry date upon arrival, unless otherwise
specifically agreed by the Department of Health (DOH);

(i) transported and maintained by the eligible actor in appropriate conditions
to ensure their quality until they reach their intended domestic recipients;
and

(ili) appropriately labelled in a language understood in the affected State with
the international non-proprietary name or generic name, batch number,
dosage form, strength, name of manufacturer, quantity in the container,
storage conditions and expiry date.

Section 38. Food — Food imported by eligible actors shall be admitted pursuant to
expedited procedures set out by regulations to be developed within 6 months from the
effectivity of this Act by the DOH and the Department of Agriculture (DA).

Section 39. Imported Vehicles — The LTO shall grant temporary recognition to foreign
registration and plates to vehicles imported by eligible actors during the international
disaster relief period and the international initial recovery period

Section 40. Search Dogs — Search dogs imported temporarily by eligible actors shall be
admitted without the need for quarantine so long as they meet the conditions and
requirements of special regulations to be developed within 6 months from the effectivity
of.this Act’by the Bureau of Animal Industry.

Part4
Permitted Disposition of Equipment and Unused Goods

Section 41. Disposition of Equipment end Unused Goods —

a. This part sets out the permitted disposition of goods or equipment for which eligible
actors have received waivers or exemptions from fees, duties, taxes or other charges
pursuant to this chapter and which remain in their possession as of the end of their
disaster relief and initial recovery assistance operations.

b. Such goods and equipment may be
(i) retained by eligible actors that are non-profit entities and used or
distributed by them for humanitarian, development or charitable purposes
in the Philippines;
(i) te-exported pursuant to Section 42;
(ii) donated pursuant to Section 43; or
(iv) _ disposed of pursuant to Section 19.

¢. Additionally, such goods and equipment may be sold, but only:
(i) after the termination of the initial recovery period; and
(i) with payment of ail fees, duties, taxes or charges that were previously
waived or exempted for these items under this Chapter.


Section 42. Re-Export of Goods and Equipment — Eligible actors that import equipment
or goods benefitting from the legal facilities in this chapter are permitted to re-export any
equipment or unused goods and to do so without the imposition of any taxes, export
duties, or similar charges, provided that

a. re-export is commenced no later than two months after the termination of the
international initial recovery period; and

b. they provide documentation that the equipment and goods in question were
originally imported for the purpose of disaster relief or initial recovery assistance
pursuant to this Chapter

Section 43. Donation of Unused Goods and Equipment ~ When they are no longer
needed for their disaster relief or initial recovery assistance, eligible actors are permitted
to donate any imported or locally purchased goods and equipment without the
imposition of any taxes, fees, duties, or similar charges on either the donor or the
beneficiary, provided that

a. the donation is made no later than two months after the termination of the
international initial recovery period;

b. the eligible assisting intemational actor provides documentation to the BOC
and the Bureau of Internal Revenue (BIR) of the identity of the importer or purchaser,
the date of import or purchase, and the fact that the item or group of items was imported
or purchased pursuant to the legal facilities in this chapter;

c. the beneficiary of the donation is the Philippine National Red Cross, a
domestic NGO, or other non-profit charitable or humanitarian organization established
in the Philippines; and

d. any items thus donated may not be sold unless fees, duties, taxes or charges
that were previously waived or exempted for these items under this Chapter are paid

PartS
Transport

Section 44. Facilitation of Means of Transport — Ground, air and water transport
vehicles operated by or on behalf of eligible assisting actors to transport international
and locally engaged personnel, goods, or equipment for the purposes of disaster relief
or initial recovery assistance shall
a, Be accorded priority treatment for passage, including, as appropriate, priority in
air traffic routing and landing permissions subject to existing laws, rules and
regulations of the proper authorities.
b. Be exempt from any applicable taxes, levies, duties, fees or charges normally
imposed by governmental entities of the Philippines, including, but not limited to:
(i) overflight, landing, parking, taking off and navigation service fees;
(ii) demurrage and docking fees; and
(iil) road tolls.
c. Be exempt from any prohibitions, limitations or restrictions in respect of their
artival, overflight, landing, stay and departure, other than those necessary to
guarantee national security, public safety or public health.


Section 45. Entry of Transport Operators — The appropriate authorities shall endeavour
to reduce and expedite any procedures for the entry of drivers, pilots and crew of
transport vehicles operated by on or behalf of eligible actors.

Section 46. Notice of Transport — To facilitate the provision of the legal facilities in this
part, eligible assisting actors or their carriers shall

a. inform the Civil Aviation Authority of the Philippines (CAAP) in advance of the
intended route of flights, type and call signs of the aircraft, number of crew
members, the character of the cargo, time-table of flights, and the list of all
passengers, and shall comply with any directions from the CAAP as to air traffic
control and landing procedures.

b. inform the relevant marine authority in advance, of the intended port or location
of arrival of each water vessel, the type, make and registration number of each
vessel, the number of personnel operating and on board each vessel and the
equipment, facilities and other materials on board each vessel, and shall comply
with any directions from the relevant authority as to the control of incoming
vessels or docking procedures.

Part 6
Legal Capacity and Employment

Section 47. Legal Capacity of Assisting International Actors ~ The status of eligibility for
legal facilities of an assisting international actor includes such legal capacity as may be
relevant for the exercise of its functions and the fulfilment of its purposes in providing
international disaster relief or initial recovery assistance in accordance with the laws of
Philippines during the international disaster relief and initial recovery periods, in
particular the capacity to:

open bank accounts;

enter into contracts and leases;

acquire and dispose of movable property;

receive and disburse private funds;

instigate legal proceedings

engage and terminate locally engaged personnel, as set out in Section 49
of this Act.

Section 48. Engagement and Termination of Locally Engaged Personne! —

a. Subject to Section 4 of this Act, and except as provided in this Section, all eligible
assisting international actors shall comply with the applicable law in Philippines
with regard to the employment of locally engaged personnel;

b. Eligible assisting international actors shall not be required to make any separate
registration as employers, including for the purposes of taxation, social security,
and social insurance registration requirements relating to the employment of
locally engaged personnel.

¢. Notwithstanding any provisions of labour and employment laws to the contrary,
eligible assisting international actors may:

i. recruit any individual legally entitled to perform the work envisaged
in Philippines through a non-discriminatory process:

-eaoce


ii engage local personnel pursuant to fixed-term contracts, which may
be of short duration, and may be renewed as required without creating an open-
ended obligation

Section 49. Jurisdiction over International Personnel —Jurisdiction concerning contracts
between eligible assisting international actors and international personnel engaged by
them shall be determined based on the application Philippine laws on jurisdiction

Part7
Taxation of Eligible Assisting International Actors

Section 50. Value-Added Tax (VAT) -

a. The supply of disaster relief and initial recovery assistance by an eligible assisting
international actor shall be exempt from all vat, service taxes and similar taxes, duties,
levies and governmental fees where such supply takes place during the international
disaster relief or initial recovery periods. Eligible assisting international actors shall also
be exempt from registration for vat during the same periods.

b. In providing this legal facility the BIR shall take all practical steps to ensure that local
suppliers suffer no negative financial or administrative impact in providing goods or
services to eligible assisting international actors.

Section 51. Income Tax -

a. The activities of an eligible assisting international actor carried on for the purpose
of providing disaster relief or initial recovery assistance shall be subject to
income tax on any actual or deemed income or gain arising from such activities.

b. The international personnel of an eligible assisting international actor shall not be
treated as a resident of the Philippines or as having any other connection with
the Philippines relevant for taxation purposes by reason of their presence in the
Philippines or activities undertaken there during the international disaster relief
and initial recovery periods except in instances where any actual or deemed
income or gain is realized

Section 52. Property, Assets and Other Similar Taxes — During the international
disaster relief or international initial recovery periods, no taxes, duties, levies or
governmental fees having similar effect shall accrue or be payable by eligible assisting
international actors in connection with:

a. land, a building or any part of a building where such land, building or part
thereof is wholly or primarily used by an eligible assisting international actor for the
purpose of disaster relief or initial recovery assistance; and

b. the assets of an eligible assisting international actor.

Part 8
Currency and Banking

Section 53. Right to Bring Necessary Funds and Currencies into the Country - The
Department of Finance (DOF) shall facilitate the entry of such funds and currencies by


eligible assisting international actors to provide disaster relief and initial recovery
assistance

Section 54. Preferential Exchange Rates - The DOF shall make available to eligible
assisting international actors the best available legal exchange rates into the state's
currency for funds to be used for the purpose of providing disaster relief or initial
recovery assistance.

Chapter Vil
Supervision, Reporting and Sanctions

Section 55. Supervision of Assisting Actors —
a. The NDRRMC shall be responsible for monitoring the compliance of assisting actors
with their responsibilities under this Act, and in particular Chapter IV.

b. To facilitate the NDRRMC’s oversight, it may require assisting actors to report to it, at
reasonable intervals, about the disaster relief and initial recovery assistance they
provide. These reports shall be made publicly available through electronic means.

c. Any reporting requirements imposed by the NDRRMC under this Section shall be
designed so as to reduce any administrative burden on assisting actors to the minimum
necessary

Section 56. Non-Compliance by Assisting Actors —
a. If, on the basis of credible information, the NDRRMC suspects that any assisting
actor has failed to materially comply with its responsibilities under this Act, and in
particular its responsibilities under Chapter IV, it shall immediately consult with the
assisting actor and seek clarification or explanation. If still unsatisfied, the NDRRMC
shall provide written notice of non-compliance along with a decision either:
(i) to require the assisting actor to bring itself into compliance within a specified
period of time, with or without temporary suspension of its eligibility, if any, for
legal facilities under Chapter VI;
(li) to revoke the assisting actor's eligibility, if any, for legal facilities under
Chapter VI;
(iil) in the case of deliberate misrepresentation or fraud, to impose fines to be set
out by implementing regulation; or
(iv) in the most extreme cases concerning an assisting international actor, to
revoke the Philippine’s consent for it to provide disaster relief or initial recovery
assistance in response to the disaster.

b. In the event of a decision to revoke pursuant to subsection (a)(iv) of this Section, if
the assisting international actor lacks a legal basis independent of this Act to remain in
the country, it may be required to depart, as of a date no sooner than 30 days from the
date of the notice.


c. Decisions to suspend or revoke legal facilities pursuant to subsections (a)(i) or (a)(ii)
of this Section may not be given retroactive effect, except in cases of fraud or criminal
misconduct attributable to the assisting international actor.

Section 57. Transparency as to Internationally Donated Funds —
a, Internationally donated funds received by the Government of the Philippines for the
purposes of disaster relief and initial recovery assistance shall be subject to audit by the
Commission on Audit (COA) no later than six months after the termination of the
international disaster relief period or the international initial recovery period. The results
of these audits shall be made publicly available

b, International donated funds received by assisting domestic actors shall be

(i) maintained in a dedicated account for disaster relief or initial recovery
assistance,

(ii) subjected to an external audit no later than six months after the termination of
the international disaster relief period or the international initial recovery period,
whichever is sooner. The results of these audits shall be reported to the appropriate
authority and made publicly available

Section 58. Congressional Oversight Committee - A Congressional Oversight
Committee is hereby created to be composed of the three (3) members each from
the Senate and the House of Representatives who shall be designated by the
Senate President and the Speaker of the House of Representatives: provided, that
one (1) of the three (3) Senators and one (1) of the three (3) House members
shall be nominated by the respective minority leaders of the Senate and the House
of Representatives

The Oversight Committee is hereby mandated to oversee the implementation of
this act. For this purpose, the Oversight Committee shall set the guidelines and overall
framework for the monitoring of the implementation of this Act and shall adopt its
internal rules of procedures.

Section 59. Annual Reporting on Implementation - The NDRRMC shall report annually
to the Congressional Oversight Committee created by Section 58 of this Act on steps
taken to implement this Act, including preparedness measures taken prior to a disaster.

Section 60. Sanction for Non-Compliance by Officials - Officials of the Philippines that
fail to abide by their responsibilities under this Act shall be subject to administrative
sanctions, without prejudice to any civil or criminal liability under other laws that might
also attach to the official's actions or omissions

Chapter Vill
Transit of International Disaster Assistance

Section 61. Facilitation for Transit — In the event a Disaster occurs in another country
for which international disaster assistance is required the BOC and the Bureau of
Immigration (B1) shall facilitate the speedy transit or transhipment across the national


territory of the Philippines of international disaster assistance by assisting international
actors, including international personnel, goods, equipment and transport, in order to
reach the affected country,

Section 62. Transit Facilities Period

a. When, after seeking the views of the relevant authorities of a disaster affected
country, the BOC and the BI is satisfied that international disaster relief or initial
recovery assistance is likely to be required and that the transit or transhipment of
international personnel, goods or equipment through its territory is likely to be
helpful, the BOC and the BI may declare the beginning of a Transit Facilities
Period

b. The Transit Facilities Period shall continue until terminated by the BOC and the
BI, when it is satisfied that Transit Facilities are no longer required.

¢. The termination of a Transit Facilities Period shall be announced to assisting
international actors no later than five (5) days prior to the proposed date

d. The transit facilities described in this Chapter shall be effective only during the
Transit Facilities Period

Section 63. Entitlement to Transit Facilities —
a. Subject to subsection (b), all assisting international actors shall be entitled to the
Transit Facilities provided in this Chapter upon declaration that the international
personnel, equipment and goods that they seek to send in transit through the
Philippines are for the purpose of providing international disaster relief or initial recovery
assistance to a disaster-affected country.

b. The BOC and the BI may deny transit facilities to any assisting international actor, in
case of actual or suspected fraud or if necessary to safeguard national security or public
health

Section 64, Disaster Transit Visa — International Personnel entering the Philippines for
the purpose of transit to a disaster-affected country shalll be entitled to waiver of entry
visa requirements, including any associated fees or charges on the condition that

they exit the territory of the Philippines within a period of 24 hours.

Section 65. Goods and Equipment in Transit and Transhipment - The provisions of
Parts 2 and 3 of Chapter VI shall apply, mutatis mutandis, to consignments of goods
and equipment by eligible actors, when placed under customs transit or transhipment to
an affected country.

Section 66. Transport for Transit and Transhipment — The provisions of Part 5 of
Chapter VI shall also apply, mutatis mutandis, to the ground, air and water vehicles of
eligible actors in transit through the territorial lands, waters or airspace of the Philippines
to provide International disaster relief or initial recovery assistance to an affected
country


Chapter IX
Implementation, Transitional and Final Provisions

Section 67. Implementing Rules and Regulations -The NDRRMC together with the
DOF, BIR, BOC, LTO and other government agencies mentioned in this Act shall draft
the rules and regulations concerning all matters which are required or permitted to be
prescribed, or which are necessary to carry this Act into effect or to give effect to any
power, function, duty, or authority under this Act

Section 68. Separability Clause. - If any provision or part of this Act, or the application
thereof to any person or circumstances, is held invalid or unconstitutional, the remaining
sections of this Act or the application of such provision or part hereof to other persons or
circumstance shall remain in full force and effect.

Section 69. Repealing Clause. - All laws, decrees, orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

Section 70. Effectivity. - This Act shall take effect fifteen (15) days after its approval and
Publication in the Official Gazette and/or in two (2) newspapers of general circulation,
whichever comes earlier.

Approved,