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Security Briefing

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Travel Essentials

Security Briefing: Local Laws

The information below has been excerpted from the following: 1) the US Department of State's "International Travel" website (travel.state.gov/travel/), 2) the Australian Department of Foreign Affairs and Trade's "Smartraveller" website (www.smartraveller.gov.au), and 3) the UK Foreign and Commonwealth Office's "Foreign Travel Advice" website (www.gov.uk/foreign-travel-advice/). Additional information is available from these sources. World Trade Press annually assesses the information presented on this page.

United States: Department of State International Travel Information

CRIMINAL PENALTIES

While you are traveling in the Philippines, you are subject to its laws even if you are a U.S. citizen. Foreign laws and legal systems can be vastly different than our own. Criminal penalties will vary from country to country. There are also some things that might be legal in the country you visit, but still illegal in the United States. Engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime prosecutable in the United States. If you break local laws in the Philippines, your U.S. passport won’t help you avoid arrest or prosecution. It’s very important to know what’s legal and what’s not where you are going.

U.S. citizens should also be aware of a recent statement by the Bureau of Immigration (BI) regarding the participation of foreigners in demonstrations in the Philippines. In the statement, the BI advised foreigners against participating in public protests or political rallies since this activity may be considered a violation of the terms of admission to the Philippines. Foreign nationals who participate in these activities may be detained and deported for violating Philippine immigration laws.

Persons violating the Philippines’ laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possession of, use of, or trafficking in illegal drugs in the Philippines are severe, and convicted offenders can expect long jail sentences and heavy fines. If a traveler is found to have any amount of drugs on his or her person, or nearby, when arriving at or departing from the Philippines, he or she will be charged with trafficking. This offense is non-bailable, and the maximum penalty is life imprisonment. There have been instances where persons carrying controlled substances (e.g., medical marijuana or morphine) as well as a doctor’s prescription for the substance were charged with drug possession because they did not possess the proper prior clearance from the Philippine government before entry.

If you are arrested in the Philippines, authorities of the Philippines are required to notify the U.S. Embassy of your arrest. If you are concerned the Department of State may not be aware of your situation, you should request that the police or prison officials notify the U.S. Embassy of your arrest.

MARRIAGE IN THE PHILIPPINES

For information about the documentation required for a U.S. citizen to marry in the Philippines, the marriage application process, and travel to the United States with a foreign spouse, please visits the U.S. Embassy webpage.

LESBIAN, GAY, BISEXUAL, AND TRANSGENDER (LGBT) ISSUES

There is no prohibition on entry into the Philippines by lesbians, gays, and bisexuals. While there are no prohibitions against entry into the Philippine by transgender individuals, travelers should be aware that immigration officials may require supporting documents if the gender in the traveler’s passport doesn’t reflect the gender expressions of a transgender person. According to Philippine law, an individual’s sex must match that assigned at birth as reflected on the official birth certificate, even in cases of post-operative sex reassignment.

Homosexuality is not illegal in the Philippines. However, there is currently no legal recognition for same-sex relationships. No federal law prohibits discrimination on the grounds of sexual orientation, though there is pending legislation in Congress that would prohibit discrimination on the basis of sexual orientation and gender identity. Despite these legislative efforts, LGBT individuals continue to face implicit discrimination, harassment, and other human rights violations. A robust movement of NGOs, international organizations, and individual activists across the Philippines continues to advocate for strengthened legal protections, consistent enforcement of existing laws, and increased awareness of issues facing the LGBT community. For further information on Lesbian, Gay, Bisexual and Transgender (LGBT) travel, please read our Information for LGBT Travelers page.

DISASTER PREPAREDNESS

The Philippines is prone to volcanoes, typhoons, and earthquakes. From May to December, typhoons and flash floods often occur. Flooding can cause landslides and road delays and cut off bridges. Typhoons in the vicinity of the Philippines can interrupt air and sea links within the country. Updated information on typhoons is available at the Philippine Atmospheric, Geophysical and Astronomical Services website. Volcanic activity is frequent, and the Philippine government periodically announces alerts for specific volcanoes. Earthquakes occur throughout the country.

General information about natural disaster preparedness is available from the Philippines National Disaster Risk Reduction and Management Council and from the U.S. Federal Emergency Management Agency. In the event of an emergency, if it is impossible to communicate with the Embassy by telephone, please check the local news and the Embassy's Facebook page for U.S. citizen information and Embassy opening/closing information.

CUSTOMS

Philippine customs authorities enforce strict regulations concerning temporary importation into or export from the Philippines of items such as currency and firearms. The transport of ammunition is illegal, and Philippine officials have arrested U.S. citizens for having even a small number of bullets or ammunition casings or shells in their luggage. Even items that look like bullets or weapons may cause delays. It is advisable to contact the Embassy of the Philippines in Washington, D.C., or one of the Philippine consulates in the United States (Chicago, Honolulu, Los Angeles, New York and San Francisco) for specific information regarding customs requirements, including importation of agricultural and pharmaceutical items. Counterfeit and pirated goods are widely available in the Philippines; transactions involving such products are illegal and bringing them back to the United States may result in forfeitures and/or fines. Please see our Customs Information.

ACCESSIBILITY

When traveling to or in the Philippines, individuals with disabilities may find accessibility and accommodation very different from that which is available in the United States. Government efforts to improve access to transportation for persons with disabilities are limited due to weak implementing regulations. The streets, roads, and most other public places in the Philippines lack facilities for persons with disabilities. Many public buildings, particularly older ones, lack functioning elevators. Two of Manila's three light-rail lines are wheelchair accessible; however, many stops have out-of-service elevators. Buses lack wheelchair lifts, and only a small number of sidewalks have wheelchair ramps. Commercial establishments such as malls also have few accessibility-related facilities, such as wheelchair ramps and restrooms designated for persons with disabilities.

Manila’s Ninoy Aquino International Airport provides some accommodations such as ramps, lifts, and accessible toilets. Passengers requiring any special assistance should inform their airline prior to travel. Travelers to regional airports and provincial areas should not expect similar accommodations, as facilities for persons with disabilities are extremely limited outside of metropolitan areas. Travelers with disabilities should review the Department of State’s information sheet "Traveling with Disabilities."

Australia: Department of Foreign Affairs and Trade Travel Advice

When you are in the Philippines, be aware that local laws and penalties, including ones that appear harsh by Australian standards, do apply to you. If you are arrested or jailed, the Australian Government will do what it can to help you but we can't get you out of trouble or out of jail.

Judicial process in the Philippines can be lengthy, with some court cases taking years to complete. During this time authorities may place restrictions on international travel. Australians who are accused of crimes can find themselves in financial and other difficulties while their case is ongoing and may not be able to depart the Philippines until the process has been concluded.

Information on what Australian consular officers can and cannot do to help Australians in trouble overseas is available from the Consular Services Charter.

Penalties for drug offences are severe. Possession of even small amounts of so-called 'soft drugs' attracts mandatory jail sentences.

It is illegal to take photographs of official buildings for publication.

Some Australian criminal laws, such as those relating to money laundering, bribery of foreign public officials, terrorism, forced marriage, female genital mutilation and child sex tourism, apply to Australians overseas. Australians who commit these offences while overseas may be prosecuted in Australia.

Australian authorities are committed to combating sexual exploitation of children by Australians overseas. Australians may be prosecuted at home under Australian child sex tourism laws. These laws provide severe penalties of up to 25 years imprisonment for Australians who engage in sexual activity with children under 16 while outside of Australia.

The Philippines also has strong laws against child sex crimes and human trafficking. A number of foreigners, including Australians, have been prosecuted for these offences in the Philippines.

Information for dual nationals

Our Dual nationals page provides information for dual nationals.

United Kingdom: Foreign and Commonwealth Office Foreign Travel Advice

Don’t become involved with drugs of any kind. Penalties for importing and using illegal drugs are severe.

You must be able to show some identification if requested by the police. A photocopy of the relevant pages of your passport will suffice. Leave details of your travel plans, passport and credit cards with friends and family in the UK and make sure the next of kin details in your passport are up to date.

Philippine law on paedophilia is severe, and strictly enforced. Severe penalties can be passed in child abuse or rape cases. A child is defined in Philippine law as a person under the age of 18. Entrapment may also occur where strangers with children have befriended single male tourists; allegations of abuse are then made in an attempt to extort money.

Any foreign national planning to recruit Filipinos for employment overseas must carry out due diligence, comply with local legislation and be licensed. The laws relating to illegal recruitment are strict. Foreign nationals have been known to spend more than two years in prison on remand while their cases are processed.