An Act Institutionalizing the Balik Scientist Program, Appropriating Funds Therefor

Seventeenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand seventeen.

REPUBLIC ACT No. 11035

An Act Institutionalizing the Balik Scientist Program, Appropriating Funds Therefor, and for Other Purpose

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

Section 1. Title. - This Act shall be known as the "Balik Scientist Act."

Section 2. Declaration of Policy. - The State recognizes that the utilization of the expertise of science, technology or innovation experts of Filipino descent is a vital component of the national political, economic, and social development efforts. Hence, it is hereby declared the policy of the State to support the participation of science, technology or innovation experts of Filipino descent in research and development initiatives for our country,

Towards this end, science, technology or innovation experts, such as scientists, professionals, educators, technicians, researchers, engineers, innovators, technologists, technology entrepreneurs or any person with special skills or expertise, who is of Filipino descent, shall be accorded with benefits, incentives and privileges under this Act to encourage and support their participation in strengthening the scientific and technological human resources of public or private institutions and industry in our country to accelerate the development of new or strategically important technologies that that are vital to our national development progress.

Section 3. Balik Scientist Program. - There is hereby created a Balik Scientist Program, hereinafter referred to as the "Program", to be administered by the Department of Science and Technology (DOST).

Under the Program, the DOST shall:

The DOST shall prioritize the awarding of short-term, medium-term, and long-term engagements, and grants-in-aid provided under this Act that complement or address needs in ongoing or prospective government programs and projects of local and national significance. The DOST shall determine other privileges and incentives that maybe extended to Balik Scientists.

Section 4. General Program Objectives. - The Program shall aim to strengthen the scientific and technological human resources of the academe, public and private institutions, including locally registered enterprises in order to promote knowledge sharing and accelerate the flow of new technologies into the country.

Towards this end, the DOST shall approved and award short-term, medium-term, and long-term engagement to Balik Scientists, and ensure their participation in activities such as, but not limited to, mentorship, training, lecture, research and development, technology transfer initiatives, and other simialr endeavors in any institution subject to the agreement between the DOST, the Balik Scientist, and the host institution, and in due consideration of national priorities and agenda on science, technology or innovation, research and development, and industry development.

Section 5. Definition of Terms. - For the purpose of this Act:

(b) Balik Scientist Program - the Program institutionalized under this Act:

(c) Host Institution - a government agency, public or private academic institution, or a locally registered enterprise in the Philippine that will under take science, technology or innovation activities, or research and development initiatives with a Balik Scientist;

(d) Short-Term Engagement - The term of engagement under the Program with a minimum duration of fifteen (15) days to a maximum duration of six (6) months per award to be served within one (1) year from the date of the award;

(e) Medium-Term Engagement the term of engagement under the Program with a duration of more than six (6) months but not exceed one (1) year per award to be served within two (2) to three (3) years from the date of the award; and

(f) Long-Term Engagement - the term of engagement under the Program with duration of more than one (1) year to three (3) years, subject to renewal to be determined by the DOST and to be served within five (5) years from the date of the award.

(a) Survey and identify scientific and technological expertise absent or limited locally which may be addressed by a Balik Scientists in coordination with the host institution(s);

(b) Manage and facilitate the processing of the applications and awards for short-term, medium-term, or long-term engagement of Balik Scientists in coordination with the host institution(s);

(c) Provide and facilitate the release of the appropriate benefits and incentives provided under this Act to Balik Scientist who have passed the application process of the DOST in coordination with the respective host institution(s);

(d) Issue the appropriate rules and regulations for the efficient provision of benefits and incentives, which shall include the clarification of pertinent rules and regulations promulgated and administered by other government agencies;

(e) Monitor the implementation of the Program, in coordination with the respective host institution(s) and the fulfillment of the agreed obligations and responsibilities of Balik Scientist under the Program;

(f) Assess the actual, and/or anticipated impact of each short-term, medium-term, long-term engagement awarded, and the overall implementation of the Program; and

(g) Issue the guiding science, technology, or innovation research and development, and industry development agenda that shall guide the implementation of prioritization in the provision of awards and grants-in-aid provided under this Act.

(a) Balik Scientist. - a science, technology or innovation expert or professional, as certified by the DOST, who is a Filipino citizen or a foreigner of Filipino descent, accorded with benefits and incentives under this Act to undertake science and technology activities along his or her field of expertise with a host institution under short-term, medium-term, or long-term engagement, who is either:

(1) A resident of another country at the time of application; or

(2) A Philippine-resident for not more than three (3) years at the time of application, beginning from the most recent date of arrival from overseas education or employment along his or her field of expertise:

Provided, That those without graduate degrees equipped with exceptional expertise can be qualified under this program:

(a) Exemption form the licensing or permitting requirements of the Professional Regulation Commission (PRC); Provided, That the DOST shall submit to the PRC the list of Balik Scientists with the corresponding duration of awarded engagement;

(b) Accident and medical insurance covering the duration of the engagement awarded by the DOST;

(c) Reimbursement of expenses for excess baggage allowance related to scientific project activities;

(d) Exemption from renouncing their oath of allegiance to the country where they took the oath, unless the Balik Scientist after the service decides to repatriate and retain the government position, as applicable;

(e) Tax and duty exemption in the donation of equipment, instruments, and materials to the DOST: Provided, That the DOST shall bear the freight and storage expenses related to the importation and transportation of the donated equipment instruments, and materials; and

(f) Tax and duty exemption in the importation of professional equipment, instruments, and materials of the Balik Scientists.

(a) Short Term Program:

(b) Medium-Term Program:

(c) Long-Term Program:

(1) One (1) round-trip airfare originating from a foreign country to the Philippines, exempt form Philippine Travel Tax;

(2) When applicable, application for a visa duly subsidized and facilitated ny the DOST whose validity shall over the duration of the awarded engagement;

(3) Tax exempt daily allowance to be determined by the DOST; and

(4) Participation in Grants-in-Aid (GIA) research and development projects of the DOST subject to guidelines to be provided in the implementing rules and regulations. A grant may be provided to the Balik Scientist and released through the host institution for the implementation of the project in accordance with relevant government regulations and the need of the Program involved:

(1) One (1) round-trip airfare originating from a foreign country to the Philippines, exempt from Philippine Travel Tax;

(2) When applicable, application for a visa duly subsidized and facilitated by the DOST whose validity shall cover the duration of the awarded engagement;

(3) Tax exempt daily allowance with rates to be determined by the DOST;

(4) Participation in GIA research and development projects of the DOST subject to guidelines to be provided in the implementing rules and regulations. A grant may be provided to the Balik Scientist and released through the host institution for the implementation of the project in accordance with relevant government regulations and the need of the Program involved:

(1) One (1) round-trip airfare originating from a foreign country to the Philippines, exempt from Philippine Travel Tax, for the awardees, their spouses, and minor dependents;

(2) Special Relocation Benefits:

(3) Participation in GIA research and development projects of the DOST subject to guidelines to be provided in the implementing rules and regulations. A grant may be provided to the Balik Scientist and released through the host institution for the implementation of the project in accordance with relevant government regulations and the need of the Program involved; and

(4) Funding for the establishment and development of facility or laboratory: Provided, That the facility or laboratory shall be deemed government property.

(i) Special nonimmigrant visa, for awardees, their spouses, and minor children: Provided, That the validity of the visa shall cover the duration of the awarded long-term engagement;

(ii) Exemption from the requirement to secure an alien employment permit from the Department of Labor and Employment (DOLE) for Balik Scientists and their Spouses;

(iii) Exemption from submission of immigration clearance certificate and payment of multiple entry fees;

(iv) Tax and duty exemption in the importation of personal and household effects, professional equipment, instruments, and materials of the Balik Scientist;

(v) tax and duty exemption in the importation of one (1) motor vehicle whose gross vehicle weight (GVW) does not exceed 3.5 tons, and subject to the motor vehicle classification standard set forth by the Bureau of Customs: Provided, That the Balik Scientist assisted by the DOST, shall ensure compliance with other applicable rules and regulations in the importation of motor vehicles: Provided further, That an endorsement from the DOST shall suffice as substitute to the required personal appearance: Provided, finally, That the Balik Scientist shall be exempt from posting bond and exportation of the motor vehicle to the country of origin upon the expiration of the award;

(vi) Admission assistance to the preferred schools for the minor children of Balik Scientist;

(vii) Assistance in securing job opportunities for the spouse of the Balik Scientists;

(viii) Rellocation allowance to be determined by the DOST; and

(ix) Monthly housing or accommodation allowance;