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Republic Acts

AN ACT INSTITUTING A BALIKBAYAN PROGRAM

Republic Act No. 6768

Republic of the Philippines
Congress of the Philippines

Metro Manila

Eighth Congress


Republic Act No. 6768 November 3, 1989

AN ACT INSTITUTING A BALIKBAYAN PROGRAM

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Balikbayan Program. - A Balikbayan Program is hereby instituted under the administration of the Department of Tourism to attract and encourage overseas Filipinos to come and visit their motherland. This is in recognition of their contribution to the economy of the country through the foreign exchange inflow that they generate.

Section 2. Definition of Terms. - For purposes of this Act:

(a) The term "balikbayan" shall mean a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year, a Filipino overseas worker, or a former Filipino citizen and his family, as this term is defined hereunder, who had been naturalized in a foreign country and comes or returns to the Philippines; and

(b) The term "family" shall mean the...

Summary of Republic Act No. 6768 (Balikbayan Program)

Balikbayan Program
- Instituted under the Department of Tourism to attract overseas Filipinos to visit the Philippines. (Section 1)

Definition of Terms
- "Balikbayan" refers to:
    - Filipino citizen continuously out of the Philippines for at least 1 year
    - Filipino overseas worker
    - Former Filipino citizen naturalized in a foreign country and their family (Section 2a)
- "Family" refers to the spouse and children of the balikbayan traveling with them. (Section 2b)

Benefits and Privileges of the Balikbayan
- Tax-free maximum purchase of $1,000 or equivalent at Philippine duty-free shops, subject to limitations. (Section 3a)
- Special promotional/incentive program from the national flag air carrier. (Section 3b)
- Visa-free entry to the Philippines for 1 year for foreign passport holders, except restricted nationals. (Section 3c)
- Travel tax exemption as provided under Presidential Decree No. 1183, Executive Order No. 283, and other allied laws. (Section 3d)
- Designated reception areas at authorized ports of entry for expeditious processing of documents. (Section 3e)

Limitations on Tax-Free Purchases
- Purchases must be made in US dollars or other acceptable foreign currencies. (Section 4a)
- Purchases must be made within 48 hours from date of arrival. (Section 4b)
- Privilege is non-transferable and must be availed personally by the balikbayan. (Section 4c)
- Privilege can be availed only once a year. (Section 4d)
- Only balikbayans of majority age under Philippine laws can enjoy the privilege, except minors can purchase up to $250. (Section 4e)
- Only one item of every non-consumable product category exceeding $200 can be purchased. (Section 4f)

Implementing Rules and Regulations
- Department of Tourism, in coordination with other concerned agencies, shall promulgate rules and regulations for effective implementation. (Section 5)

Semiannual Reports
- Department of Tourism shall submit semiannual reports to the President and Congress containing the quantities and value of goods sold by Philippine duty-free shops. (Section 6)

Penalty Clause
- Fine of P20,000 to P40,000 or imprisonment of 2 to 4 years, or both, for willfully deriving benefits without being entitled. (Section 7)
- Aliens found guilty shall be deported and permanently barred from re-entering without the President's permission. (Section 7)

Repealing Clause
- All inconsistent laws, decrees, orders, rules and regulations are repealed or modified accordingly. (Section 8)

Biennial Review
- The Balikbayan Program shall be reviewed by Congress every 2 years after approval. (Section 9)

Separability Clause
- If any part of the Act is held invalid or unconstitutional, the rest of its provisions shall remain in effect. (Section 10)

Effectivity Clause
- The Act shall take effect 15 days after publication in the Official Gazette or in at least two national newspapers of general circulation, whichever comes earlier. (Section 11)

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