Purpose

The COExl certifies that a foreign national is exempt from obtaining an Alien Employment Permit (AEP) to work legally in the Philippines.

Issuing Authority: It is issued by the Department of Labor and Employment (DOLE) in the Philippines.

Eligibility

Certain categories of foreign nationals are eligible for a COExl, including but not limited to:

• Employees of Regional or Area Headquarters of multinational companies
• Offshore Banking Units
• Some positions in Export Processing Zone Enterprises

Legal Basis

• Labor Code of the Philippines (Presidential Decree No. 442) This serves as the primary legislation governing employment in the Philippines, including the employment of foreign nationals.
• Department Order No. 186, Series of 2017 Issued by the Department of Labor and Employment (DOLE), this order revised the rules for the issuance of employment permits to foreign nationals. It specifically outlines the categories of foreign nationals exempt from securing an Alien Employment Permit (AEP).
• Republic Act No. 8756 (Regional Headquarters Act of 1999) This law provides the basis for exemptions for employees of Regional or Area Headquarters of multinational companies.
• Executive Order No. 226 (Omnibus Investments Code of 1987) This order includes provisions for foreign investments and related employment matters.
• Republic Act No. 7916 (Special Economic Zone Act of 1995) This act provides the framework for special economic zones, including provisions for employing foreign nationals in these zones.
• Republic Act No. 10022 (Amended Migrant Workers Act) While primarily focused on overseas Filipino workers, this act also contains provisions relevant to the employment of foreigners in the Philippines.
• DOLE Department Circular No. 1, Series of 2014 This circular provides guidelines on the issuance of the Certificate of Exemption/Exclusion from the AEP requirement.
• Bureau of Immigration (BI) Memorandum Order No. JHM-2019-008 While not directly about COExl, this order is relevant as it harmonizes immigration policies with DOLE regulations regarding the employment of foreign nationals.