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DFA MANDATE UNDER REPUBLIC ACT 11641
Ws under RA 11641 do not cover the following
ilippine Nationals:
1. Immigrant in the host country
2. Permanent Residents in the host country
3. Citizens of the host country
4. Those who are awaiting naturalization, recognition, or admission in
another country
5. Those who are engaged under a government-recognized exchange
visitor program for cultural and educational purposes.
6. Those who are not engaged in remunerated activities in the host
country
THE DFA UNDER RA
11641
• The exercise of the powers and functions of the DMW shall in no way limit,
restrict, or diminish the pursuit of an independent foreign policy or the conduct of
foreign relations and treaty negotiations by the DFA. (Section 6, Republic Act
11641)
• Protection of the rights and promotion of the welfare of overseas Filipinos is A
PILLAR OF PHILIPPINE FOREIGN POLICY. The DFA shall continue providing
assistance to other Filipino nationals not covered under this Act.(Section 6,
Republic Act 11641)
○ Under Book IV, Title I, Chapter I, Section 3(9) of the Administrative Code, the
duty of the DFA to protect and assist Philippine nationals abroad remains.
THE DFA UNDER RA
11641
• The Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON)
Fund is hereby established to provide legal and other forms of assistance to OFWs,
separate from the funds managed by the DFA. The DFA shall retain ATN and Legal
Assistance Funds for the benefit of other Filipinos overseas and for consular
assistance services.(Section 14, Republic Act 11641)
• A sufficient sum shall be appropriated to the DFA to perform functions of the
MWO in Foreign Service Posts where there is yet no such office.(Section 14,
Republic Act 11641).
DMW Powers and Functions in
relation to DFA:
• Support and assist the Department of Foreign Affairs (DFA) and
relevant government agencies in building strong and harmonious
partnerships with counterpart and relevant agencies in foreign
countries in order to facilitate the implementation of strategies and
programs for the protection and promotion of the rights and well-
being of OFWs and their families. (Section 6, Republic Act 11641)
• Support and assist the DFA in the negotiation of bilateral and
multilateral agreements, initiatives and programs, including
intergovernmental processes, which primarily concern labor
migration;(Section 6, Republic Act 11641)
DMW Powers and Functions in
relation to DFA:
• Develop and create a training institute that will provide substantive, analytical and
strategic leadership training programs meant to equip employees of the
Department, with due regard to the training services being provided by the
Foreign Service Institute of the DFA. (Section 6, Republic Act 11641)
• In coordination with the DFA, conduct regular, timely, and relevant political and
security risk assessment of the conditions in the receiving country, including
adequate evacuation plans that will be communicated with all migrant workers
thereat, not only for deployment purposes but more especially in cases of
emergencies which will require swift actions. (Section 6, Republic Act 11641)
DMW Powers and Functions in
relation to DFA:
• Represent, in coordination with and under the guidance of the DFA,
interests pertaining to OFWs in bilateral, regional, and multilateral fora and
international bodies. (Section 6, Republic Act 11641)
• A written authorization shall be secured by the DMW from the
President, through the Secretary of Foreign Affairs, prior to any
international meeting or negotiation of a treaty or executive agreement
on any subject matter within its mandate.(Section 6, Republic Act 11641)
Migrant Workers Office (MWO)
• Within three (3) years from the effectivity of this Act and as far as
practicable, all Philippine Foreign Service Posts of the DFA shall have an
existing and operational MWO. (Section 15, Republic Act 11641)
• The DFA Foreign Service Posts in countries with large concentration of OFWs
shall be prioritized in the establishment of the MWO. (Section 15, Republic
Act 11641)
• Each MWO shall have the same jurisdiction, including concurrent and
consular jurisdiction, as the DFA Foreign Service Post to which it is
attached. (Section 6, Republic Act 11641)
Migrant Workers Office (MWO)
• In all cases, all incidents relating to the provision of ATN and other services shall
be consistent with the implementation of the One Country-Team Approach. To
this end, the functions of the MWO shall complement the diplomatic and consular
functions of the DFA. (Section 15, Republic Act 11641)
• The MWO shall absorb all the powers, existing functions and personnel of the
Philippine Overseas Labor Offices (POLO), and the Office for the Social Welfare
Attaché (OSWA) and the powers and functions of existing ATN units of the DFA
Foreign Service Posts with regard to OFWs in all Philippine embassies and
consulates. (Section 15, Republic Act 11641)
Officials of the MWO
• Officials of the MWO who are deployed at Posts shall be designated as attachés, subject to
prior clearance from the Secretary of Foreign Affairs. (Section 15, Republic Act 11641)
• All incidents relating to the provision of ATN and other services shall be consistent with
the implementation of the One Country-Team Approach. (Section 15, Republic Act
11641)
• The functions of the MWO shall complement the diplomatic and consular functions of the
DFA. (Section 15, Republic Act 11641)
• The deployment and performance of the Officials of the MWO to DFA Foreign Service
Posts shall be governed by the Philippine Foreign Service Act of 1991, Vienna Convention
on Consular Relations, the Vienna Convention on Diplomatic Relations and the rules and
regulations imposed by the receiving State. (Section 15, Republic Act 11641)
AKSYON FUND – EFFECTS ON DFA
• The DFA shall retain the ATN and Legal Assistance Funds for the
benefit of other Filipinos overseas (i.e.non-OFWs) and for consular
assistance services (to both OFWs and non-OFWs). (Section 14,
Republic Act 11641)
• A sufficient sum shall be appropriated to the DFA to perform
functions of the Migrant Workers Office in Foreign Service Posts
where there is yet no such office. (Section 14, Republic Act 11641)
AKSYON FUND – EFFECTS ON DFA
POSTS WITH MWO POSTS WITHOUT MWO
• MWO will take jurisdiction over OFWs.
Foreign Service Post (FSP) will take
jurisdiction over non-OFWs, (i.e. other
OFs)
• Funding for assistance for OFWs would be
sourced from the AKSYON Fund managed
by the DMW. Funding for assistance for
non-OFWs would be source from the ATN
Fund and LAF, managed by the DFA.
• DFA’s FSP will take jurisdiction for both
OFWs and non-OFWs.
• Funding for assistance for both categories
of OFWs and non-OFWs would be sourced
from :
⮚A sufficient sum shall be appropriated to the
DFA to perform functions of the Migrant
Workers Office in Foreign Service Posts where
there is yet no such office. (Section 14,
Republic Act 11641)
● In both cases,the DFA shall use the ATN and LAF for consular assistance services to
OFWs and non-OFWs. (Section 14, Republic Act 11641)

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Republic Act 11641.pptx

  • 1.
  • 2. DFA MANDATE UNDER REPUBLIC ACT 11641
  • 3. Ws under RA 11641 do not cover the following ilippine Nationals: 1. Immigrant in the host country 2. Permanent Residents in the host country 3. Citizens of the host country 4. Those who are awaiting naturalization, recognition, or admission in another country 5. Those who are engaged under a government-recognized exchange visitor program for cultural and educational purposes. 6. Those who are not engaged in remunerated activities in the host country
  • 4. THE DFA UNDER RA 11641 • The exercise of the powers and functions of the DMW shall in no way limit, restrict, or diminish the pursuit of an independent foreign policy or the conduct of foreign relations and treaty negotiations by the DFA. (Section 6, Republic Act 11641) • Protection of the rights and promotion of the welfare of overseas Filipinos is A PILLAR OF PHILIPPINE FOREIGN POLICY. The DFA shall continue providing assistance to other Filipino nationals not covered under this Act.(Section 6, Republic Act 11641) ○ Under Book IV, Title I, Chapter I, Section 3(9) of the Administrative Code, the duty of the DFA to protect and assist Philippine nationals abroad remains.
  • 5. THE DFA UNDER RA 11641 • The Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON) Fund is hereby established to provide legal and other forms of assistance to OFWs, separate from the funds managed by the DFA. The DFA shall retain ATN and Legal Assistance Funds for the benefit of other Filipinos overseas and for consular assistance services.(Section 14, Republic Act 11641) • A sufficient sum shall be appropriated to the DFA to perform functions of the MWO in Foreign Service Posts where there is yet no such office.(Section 14, Republic Act 11641).
  • 6. DMW Powers and Functions in relation to DFA: • Support and assist the Department of Foreign Affairs (DFA) and relevant government agencies in building strong and harmonious partnerships with counterpart and relevant agencies in foreign countries in order to facilitate the implementation of strategies and programs for the protection and promotion of the rights and well- being of OFWs and their families. (Section 6, Republic Act 11641) • Support and assist the DFA in the negotiation of bilateral and multilateral agreements, initiatives and programs, including intergovernmental processes, which primarily concern labor migration;(Section 6, Republic Act 11641)
  • 7. DMW Powers and Functions in relation to DFA: • Develop and create a training institute that will provide substantive, analytical and strategic leadership training programs meant to equip employees of the Department, with due regard to the training services being provided by the Foreign Service Institute of the DFA. (Section 6, Republic Act 11641) • In coordination with the DFA, conduct regular, timely, and relevant political and security risk assessment of the conditions in the receiving country, including adequate evacuation plans that will be communicated with all migrant workers thereat, not only for deployment purposes but more especially in cases of emergencies which will require swift actions. (Section 6, Republic Act 11641)
  • 8. DMW Powers and Functions in relation to DFA: • Represent, in coordination with and under the guidance of the DFA, interests pertaining to OFWs in bilateral, regional, and multilateral fora and international bodies. (Section 6, Republic Act 11641) • A written authorization shall be secured by the DMW from the President, through the Secretary of Foreign Affairs, prior to any international meeting or negotiation of a treaty or executive agreement on any subject matter within its mandate.(Section 6, Republic Act 11641)
  • 9. Migrant Workers Office (MWO) • Within three (3) years from the effectivity of this Act and as far as practicable, all Philippine Foreign Service Posts of the DFA shall have an existing and operational MWO. (Section 15, Republic Act 11641) • The DFA Foreign Service Posts in countries with large concentration of OFWs shall be prioritized in the establishment of the MWO. (Section 15, Republic Act 11641) • Each MWO shall have the same jurisdiction, including concurrent and consular jurisdiction, as the DFA Foreign Service Post to which it is attached. (Section 6, Republic Act 11641)
  • 10. Migrant Workers Office (MWO) • In all cases, all incidents relating to the provision of ATN and other services shall be consistent with the implementation of the One Country-Team Approach. To this end, the functions of the MWO shall complement the diplomatic and consular functions of the DFA. (Section 15, Republic Act 11641) • The MWO shall absorb all the powers, existing functions and personnel of the Philippine Overseas Labor Offices (POLO), and the Office for the Social Welfare Attaché (OSWA) and the powers and functions of existing ATN units of the DFA Foreign Service Posts with regard to OFWs in all Philippine embassies and consulates. (Section 15, Republic Act 11641)
  • 11. Officials of the MWO • Officials of the MWO who are deployed at Posts shall be designated as attachés, subject to prior clearance from the Secretary of Foreign Affairs. (Section 15, Republic Act 11641) • All incidents relating to the provision of ATN and other services shall be consistent with the implementation of the One Country-Team Approach. (Section 15, Republic Act 11641) • The functions of the MWO shall complement the diplomatic and consular functions of the DFA. (Section 15, Republic Act 11641) • The deployment and performance of the Officials of the MWO to DFA Foreign Service Posts shall be governed by the Philippine Foreign Service Act of 1991, Vienna Convention on Consular Relations, the Vienna Convention on Diplomatic Relations and the rules and regulations imposed by the receiving State. (Section 15, Republic Act 11641)
  • 12. AKSYON FUND – EFFECTS ON DFA • The DFA shall retain the ATN and Legal Assistance Funds for the benefit of other Filipinos overseas (i.e.non-OFWs) and for consular assistance services (to both OFWs and non-OFWs). (Section 14, Republic Act 11641) • A sufficient sum shall be appropriated to the DFA to perform functions of the Migrant Workers Office in Foreign Service Posts where there is yet no such office. (Section 14, Republic Act 11641)
  • 13. AKSYON FUND – EFFECTS ON DFA POSTS WITH MWO POSTS WITHOUT MWO • MWO will take jurisdiction over OFWs. Foreign Service Post (FSP) will take jurisdiction over non-OFWs, (i.e. other OFs) • Funding for assistance for OFWs would be sourced from the AKSYON Fund managed by the DMW. Funding for assistance for non-OFWs would be source from the ATN Fund and LAF, managed by the DFA. • DFA’s FSP will take jurisdiction for both OFWs and non-OFWs. • Funding for assistance for both categories of OFWs and non-OFWs would be sourced from : ⮚A sufficient sum shall be appropriated to the DFA to perform functions of the Migrant Workers Office in Foreign Service Posts where there is yet no such office. (Section 14, Republic Act 11641) ● In both cases,the DFA shall use the ATN and LAF for consular assistance services to OFWs and non-OFWs. (Section 14, Republic Act 11641)