Protocol to the Agreement on Anti-Smuggling Cooperation Between the
Government of Malaysia and the Government of
the Republic of the Philippines*

For the purpose of enabling citizens of the Republic of the Philippines residing in the Philippine Border Area to enter the Malaysian Border Area and to enable citizens of Malaysia residing in the Malaysian Border Area to enter the Philippine Border Area, the Government of Malaysia and the Government of the Republic of the Philippines have agreed as follows:

ARTICLE I

For the purpose of this Protocol

“Malaysian Border Area” means the Administrative Districts of Sandakan, Lahad Datu, Semporna, Kudat and Tawau in the State of Sabah;

“Philippines Border Area” means the Province of Sulu and the Balabac Island Group of the Province of Palawan;

“Border Crossing Pass” means a pass issued under Article VII of this Protocol;

“Specified Purpose” means any or all of the following purposes:-

(a) Business;
(b) Visit of relatives;
(c) Pleasure;
(d) On Government duty in case of Government officers.

ARTICLE II

1. All citizens of the Republic of the Philippines who are bona fide residents in the Philippine Border Area and all Philippine Government Officers resident in the aforesaid area, who are required in the course of their duty to cross into the Malaysian Border Area will be eligible to a Border Crossing Pass to be issued by the Authorities in the Philippines to serve as a Passport and will be allowed entry into the Malaysian Border Area by the Malaysian Authorities, provided that such entry is for a specified purpose and is effected at an Immigration Control Post.

2. All citizens of Malaysia who are bona fide residents in the Malaysian Border Area and all Malaysian Government Officers resident in the aforesaid area, who are required in the course of their duty to cross into the Philippine Border Area will be eligible to a Border Crossing Pass to be issued by the Malaysian Authorities to serve as a Passport and will be allowed entry into the Philippine Border Area by the Philippine Authorities, provided that such entry is for a specified purpose and is effected at an Immigration Control Post.

ARTICLE III

1. The form of the Border Crossing Pass will be in accordance with the specimen attached as annexure to this Protocol. Such Border Crossing Pass will contain the following particulars relating to the holder thereof: –

(a) Name of Holder;
(b) Sex;
(c) Identity Card No.;
(d) Date of Birth;
(e) Place of Birth;
(f) Height;
(g) Colour of Eyes;
(h) Colour of Hair;
(i) Visible Distinguishing Marks;
(j) Address;
(k) Occupation;
(l) National Status;
(m) Photograph of the Holder;
(n) Signature or Right Thumbprint of the Holder of the Pass.

2. If the Holder of the Border Crossing Pass is accompanied by a child or children of fifteen years of age and below, the Pass shall contain the photographs of such child or children and also the following particulars relating to such child or children: –

(a) Name;
(b) Sex;
(c) Date of Birth;
(d) Identity Card No.

ARTICLE IV

A Border Crossing Pass shall be valid for a period of three months from the date of issue and may be used for multiple entries for a stay not exceeding fourteen days during each entry.

ARTICLE V

1. Nothing in this Protocol shall apply to –

(a) Citizens of the Republic of the Philippines who are not residing in the Philippine Border Area;
(b) Citizens of Malaysia who are not residing in the Malaysian Border Area; and
(c) A holder of a Border Crossing Pass issued by either the Philippine Authorities or; as the case may be, the Malaysian Authorities, who is intending to travel beyond the Malaysian Border Area or, as the case may be, beyond the Philippine Border Area.

2. The persons referred to in paragraph 1 of this Article shall be subject to the laws of their respective country and the laws of the country into which such persons seek entry.

ARTICLE VI

1. Each Government reserves the right to refuse the entry of any holder of a Border
Crossing Pass if the Immigration Authorities of each country have sufficient reasons to believe
that-

(a) The pass was issued in violation of the provisions of this Protocol; or
(b) The person possessing the Pass is an undesirable person according to the laws of such country.

2. Where a holder of a Border Crossing Pass has been refused entry in accordance with paragraph 1, the Immigration Authorities to whom such pass has been presented, may endorse the pass to the effect that entry has been refused. The Immigration Authorities which issued the pass shall re-admit him.

3. Each Government shall not issue further Border Crossing Pass to any person, whose Border Crossing Pass has been endorsed as aforesaid without the agreement of the Government which endorsed the said pass.

ARTICLE VII

1. Border Crossing Passes may be issued in the Philippines by the Immigration Authorities of the Philippine Border Area.

2. Border Crossing Passes may be issued in Malaysia by the following authorities :-

(a) Controller of Immigration, Sabah;
(b) Assistant Controller of Immigration, Sabah;
(c) Senior Immigration Officers and Immigration Officers in charge of Immigration Entry Points in the Malaysian Border Area.

ARTICLE VIII

Every vessel crossing from the Malaysian Border Area or the Philippine Border Area shall prepare a Passenger Manifest in duplicate. It shall be signed by the Captain or Master of the vessel before the Immigration Authorities at the point of departure; the original of which shall be kept in the custody of the latter. The Captain or Master of the vessel shall deliver the duplicate to the Immigration Authorities at the point of entry.

ARTICLE IX

This Protocol shall enter into force three (3) months from the date of signing and thereafter, it shall in force until the expiration of six (6) months from the date on which either government receives from the other Government a written notice of its intention to terminate such Protocol.

The Government of Malaysia and the Government of the Republic of the Philippines may at any time agree to revise or amend this Protocol and amendments so agreed shall be recorded in Notes exchanged between them.

ARTICLE X

IN FAITH WHEREOF, representative of the Government of Malaysia and the representative of the Government of the Republic of the Philippines have signed the present Protocol.

DONE at Kuala Lumpur this First day of September in the year Nineteen Hundred and Sixty-seven.

For the Government of Malaysia	For the Government of the Republic of the Philippines
SIGNED (TUN ABDUL RAZAK BIN DATO HUSSEIN)	SIGNED (NARCISO RAMOS)

Footnote:

* From a copy provided by the Department of Affairs, Manila.

Source: The Philippine Claim to a Portion of North Borneo