Duterte orders advance passenger info system implemented to strengthen border control

President Rodrigo Duterte has directed the implementation of the advance passenger information (API) system to strengthen border security. 

According to Duterte’s Executive Order 122, the API refers to an electronic communication containing information that should be submitted by the captain, master or agent, or owner of a commercial carrier to the Bureau of Immigration (BI) prior to the 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 passenger or crew/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 stated.

“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.”

The BI 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 shall be maintained for a period of not more than 12 months from the date of collection. 

The data shall then be erased, destroyed, or disposed of in accordance with rules and regulations. 

Any unauthorized disclosure, sharing, publication or use of the API will be punishable under the Data Privacy Act and other laws. 

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 member in the API will face fines and charges if warranted. 

Crew or non-crew members not included in the API shall 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.

Duterte signed the EO on Tuesday. —KG, GMA News