MEMORANDUM OF AGREEMENT

This Memorandum of Agreement executed and entered into this ___ day of _____, 2019 in
_______, Philippines by and between:

TOURISM INFRASTRUCTURE ENTERPRISE AND ZONE

AUTHORITY (TIEZA), a government-owned-and-controlled
corporation created pursuant to Republic Act No. 9593 and with
principal office address at 7th Floor, Tower 1 Double Dragon,
Meridian Tower, Diosdado Macapagal Avenue corner EDSA
extension, Pasay City. It is duly represented herein by its Chief
Operating Officer and General Manager POCHOLO JOSELITO D.
PARAGAS, hereinafter referred to as "TIEZA",

AND

NATIONAL INTELLIGENCCE COORDINATING AGENCY

(NICA), a government instrumentality created pursuant to Executive
Order No. 235 (EO 235), with principal office at V. Luna Road,
Quezon City duly represented herein by its Director General ALEX
PAUL L MONTEAGUDO, hereinafter referred to as "NICA".

(Each, a "Party"; Collectively, the "Parties")

RECITALS:

WHEREAS, Republic Act (R.A.) No. 9593 or "The Tourism Act of 2009" states that TIEZA
has the sole and exclusive jurisdiction to grant fiscal and non-fiscal incentives to Registered Tourism
Enterprises (RTEs) and Tourism Enterprise Zones (TEZs) operators;

WHEREAS, R.A. No. 11262, which amended Sections 85 and 103 of R.A. No. 9593,
extends the jurisdiction of the TIEZA in the grant and administration of incentives until 31 December
2029;
WHEREAS, one of the non-fiscal incentives that TIEZA may grant to RTES and TEZ
operators is the issuance of a Special Investor's Resident Visa (SIRV) to a foreign national investing
at least Two Hundred Thousand Dollars (USD200,000.00) in a registered enterprise located within
and outside a TEZ;

WHEREAS, as may be provided by the TIEZA Board and subject to existing laws, rules and
regulations, a registered enterprise may employ foreign nationals in executive, supervisory, technical
or advisory positions for such reasonable periods and under such terms as may be provided by the
TIEZA Board;

WHEREAS, as may be provided by the TIEZA Board and subject to the Bl's regulations, the
TIEZA shall issue working visas to foreign nationals possessing highly-technical skills and special
work permits to foreign nationals to perform short-term work;

WHEREAS, by virtue of the Executive Order No. 246, NICA is the focal point for the
direction, coordination, and integration of government activities involving intelligence, and the
preparation of intelligence estimates of local and foreign situations for the formulation of national
policies by the President;

WHEREAS, there is a need to ensure that applicants for SIRV, work visa, and/or special
work permits have no existing derogatory records and are not suffering from any impediment that
could be a basis for the denial of their applications;
 NOW THEREFORE, for and consideration of the foregoing premises the parties have
agreed the following:

1. Roles and responsibilities of TIEZA

1.1. Receive the complete documentary requirements from the foreign national/alien, to wit:

1.1.1. Application form with "2x2" colored photograph with white background (2
copies);
1.1.2. Photocopy of the applicant's passport bio-page (with English translation if written
in other foreign language) and latest departure and arrival stamps;
1.1.3. Overseas penal clearance certificate duly issued by the applicant's country of
origin or place of residence showing the applicant's criminal history, if any; and
1.1.4. A final judgment issued by a court of competent jurisdiction and duly
authenticated by the Philippine Embassy or the Interpol Division of the National
Bureau of Investigation if the applicant has been previously charged of a crime.

1.2. Transmit a letter of request with the applicant's complete documentary requirements to NICA
for records check within two (2) working days upon receipt hereof;

1.3. Designate an official email address of TIEZA to be used for any NICA-related
communications which shall be accessed by authorized personnel only.

2. Roles and responsibilities of NICA

2.1. Accept the letter of request from TIEZA with the applicant's complete documentary
requirements to conduct records check on the foreign national/alien;

2.2. Conduct preliminary records check on the foreign national applicant and thereafter issue an
initial report on the result of the records check within five (5) working days from receipt of
TIEZA's request with the attached documentary requirements;

2.3. Coordinate the conduct of records check on the foreign national with the following 2.3.
intelligence agencies for due diligence:

2.3.1. National Bureau of Investigation (NBI)

2.3.2. Drug Enforcement Agency (PDEA)
2.3.3. Philippine National Police (PNP)
2.3.4. Philippine Intelligence Service of the Armed Forces of the Philippines (ISAFP)
2.3.5. Philippine Center on Transnational Crime (PCTC)
2.3.6. Foreign intelligence agencies with which the Philippines has an existing
agreement/treaty

2.4. Provide a comprehensive report on the result of records check to TIRZA within one (1)
month; and

2.5. Surrender all the documentary requirements from TIRZA upon the latter's request

3. Data Sharing Agreement. As the parties in this agreement will be engaged in the sharing of
personal information of the foreign national, it is understood that they are under obligation to
comply with the provisions of National Privacy Commission Circular No. 16-02.

4. Data Privacy. The Parties to this agreement hereby undertake to respectively observe and adopt
their own offices' internal security measures designed to protect the personal data of data subjects,
including the policy for retention or disposal of records as well as the R.A. No. 10173, or the Data
 Privacy Act of 2012, and other related rules and regulations issued by the National Privacy
Commission (NPC), For this purpose, the Parties' respective data protection officers are hereby
designated to answer queries from the applicants concerning his/her rights as data subject and the
processing of his/her information in relation to this Agreement. Further, NICA's authority to keep
and retain copies of personal information as contained in the investor information is valid and
binding only for the sole purpose of checking the records of applicants.

5. Term of the Agreement. This Agreement shall be valid and binding until terminated by either
party upon a 60-day prior written notice to the other party.

6. Amendments. No provision of this Agreement may be modified or amended except upon written
agreement of the authorized representatives of both Parties. If any provision of this MOA, or any
part of any provision, is held to be invalid or unenforceable that provision is deemed to be
amended to apply to the extent enforceable and balance of the MOA shall be valid and binding.

7. Repealing Clause. All previous agreements inconsistent with this Agreement are hereby
superseded and/or modified accordingly.

8. Effectivity. This Agreement shall take effect immediately upon signing by the parties and shall
continue to be in force until revoked or superseded.

IN WITNESS WHEREOF, the Parties have hereunto affixed their respective signatures this
th
___ day of _____2019, in the City of_________.
NATIONAL INTELLIGENCE TOURISM INFRASTRUCTURE
COORDINATING AGENCY (NICA) AND ENTERPRISE ZONE
AUTHORITY (TIEZA)
By: By:

ALEX PAUL I. MONTEAGUDO POCHOLO JOSELITO D. PARAGAS

Director General Chief Operating Officer

SIGNED IN THE PRESENCE OF

_____________________________ _______________________________

ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of ____________ this _____th day of 2019,
personally appeared
Name ID/Passport No. Place/Date Issued
Alex Paul I. Monteagudo ___________________ __________/_______________
Pocholo Joselito D. Paragas ___________________ __________/_______________
known to me to be the same persons who executed the foregoing instrument which they
acknowledged before me as their free act and deed as well as the entities they represents.

This instrument consisting of four (4) pages including this page has been signed by the parties and
their witnesses on each and every page thereof and sealed with my notarial seal.

Doc. No. ____;

Page No._____;
Book No._____;
Series of 2019.