Sector. All Sectors Sub-Sector: - Industry Classification: - Level of Government: Central Type of Obligation: National Treatment Description of Measure: National Treatment shall not apply to: 1. any measure affecting all land transactions and use, which shall be subject to approval and consent by His Majesty-in-Council including, but not limited to: i) ownership and lease of land; and ii) the conditions on which such land shall be held. 2. any measure affecting all transactions and use of non-landed property (strata title), which shall be subject to approval by the relevant committee (Komiti bagi Mempertimbangkan Permohonan Pindahmilik Strata) chaired by the Minister of Development, which may be imposed, including but not limited to:
Sector. Manufacturing Sub-Sector: Services Incidental to Manufacturing Industry Classification: ISIC Divisions 15 to 36 Level of Government: Central and Regional Type of Obligation: National Treatment Senior Management and Board of Directors Description of Measure: For companies/projects that are in existence before the entry into force of this Agreement, conditions imposed in their approvals for licence/permits shall continue to apply. Notwithstanding the liberalisation of similar licence conditions for new companies/ projects, or expansion and/or diversification projects, any liberalisation for existing companies/projects shall be considered on a case by case basis. Source of Measure: - Industrial Co-ordination Xxx 0000. - Government Policy. - Administrative Guidelines.
Sector. All sectors Sub-Sector : - Industry Classification : - Level of Government : Central Type of Obligation : National Treatment Senior Management and Board of Directors Description of Measure : National Treatment shall not apply to measures affecting the establishment of a corporation, partnership, sole proprietorship, association or branch office of a foreign corporation. The operations of these entities shall be subject to their continuing compliance with registration and qualification requirements. Domestic corporations shall comply with the following requirements: 1. Majority of the incorporators must be residents of the Philippines. 2. Corporate secretary shall be a resident and citizen of the Philippines.
Sector. All sectors Sub-Sector : - Industry Classification : - Level of Government : Central and Regional Type of Obligation : National Treatment Description of Measure : National Treatment shall not apply to any measure relating to registration of foreign investment (equity and debt) and foreign loans with the Bangko Sentral ng Pilipinas. Note: Registration of a foreign investment (equity and debt) with the Bangko Sentral ng Pilipinas (BSP) is required if the foreign exchange needed to service the repatriation of capital and the remittance of dividends, profits and earnings which accrue thereon shall be sourced from Authorized Agent Banks (AABs) or AAB foreign exchange corporations. The approval and registration with BSP of a foreign loan is required if the foreign exchange needed to service the loan shall be sourced from AABs or AAB foreign exchange corporations, except in the following cases, which require BSP prior approval and registration regardless of source of foreign exchange for servicing: (a) public debt; and (b) private debt which are: (i) guaranteed by government corporations and/or government financial institutions, or by AABs; or (ii) granted by local banks and directly funded or collateralized by offshore loans or deposits. Source of Measure : -1987 Constitution of the Republic of the Philippines. -Foreign Investments Act of 1991 (R.A. No. 7042, as amended by R.A. No. 8179). -Foreign Borrowings Act of 1966 (R.A. No. 4860) -New Central Bank Act (R.A. No. 7653). -Manual of Regulations on Foreign Exchange Transactions (BSP Circular 645). -Local Government Code of 1991 (R.A. No. 7160). -Organic Act for the Autonomous Region in Muslim Mindanao (R.A. No. 6734). -Creating the Cordillera Administrative Region (E.O. No. 220). -Presidential and Administrative Issuances.
Sector. All sectors Sub-Sector : - Industry Classification : - Level of Government : Central and Regional Type of Obligation : National Treatment Senior Management and Board of Directors Description of Measure : National Treatment and the Senior Management and Board of Directors obligations shall not apply to any measure affecting the grant of licenses and permits. This shall include but not be limited to equity restrictions, minimum investment thresholds, duration or validity, areas or hectarage and other conditions and requirements. Source of Measure : -1987 Constitution of the Republic of the Philippines. -Foreign Investments Act of 1991 (R.A. No. 7042, as amended by R.A. No. 8179). -Omnibus Investments Code of 1987 (E.O. No. 226, as amended). -People's Small-Scale Mining Act of 1991 (R.A. No. 7076). -Philippine Mining Act of 1995 (R.A. No.
Sector. All Sectors Sub-Sector : - Industry Classification : - Level of Government : Central and Regional Type of Obligation : National Treatment Senior Management and Board of Directors Description of Measure : National Treatment and the Senior Management and Board of Directors obligations shall not apply to any measure relating to privatization programs and divestment of assets requirement5 . Source of Measure : -1987 Constitution of the Republic of the Philippines. -Omnibus Investments Code of 1987 (E.O. No. 226, as amended). -Build Operate Transfer Law (R.A. No. 7718). -Electric Power Industry Reform Act (R. A. No. 9136). -Local Government Code of 1991 (R.A. No. 7160). -Organic Act for the Autonomous Region in Muslim Mindanao (R.A. No. 6734). -Creating the Cordillera Administrative Region (E.O. No. 220). -Presidential and Administrative Issuances. ∞ 5 The divestment of assets shall be in accordance with the law of registration of the entity and other conditions as mutually agreed by the State and the foreign investors.
Sector. All sectors Sub-Sector : - Industry Classification : - Level of Government : Regional and Local Type of Obligation : National Treatment Senior Management and Board of Directors Description of Measure : National Treatment and the Senior Management and Board of Directors obligations shall not apply to any measure of Autonomous Region of Muslim Mindanao and the Cordillera Administrative Region. Source of Measure : -1987 Constitution of the Republic of the Philippines. -Local Government Code of 1991 (R.A. No. 7160). -Organic Act for the Autonomous Region in Muslim Mindanao (R.A. No. 6734). - Creating the Cordillera Administrative Region (E.O. No. 220). -Indigenous Peoples Rights Act of 1997 (R.A. No. 8371). -Local Government Code of 1991 (R.A. No. 7160). -Creating the Cordillera Administrative Region (E.O. No. 220). -Presidential and Administrative Issuances.
Sector. All Sectors Sub-Sector : - Industry Classification : - Level of Government : Central and Regional Type of Obligation : National Treatment Senior Management and Board of Directors Description of Measure : National Treatment and the Senior Management and Board of Directors (SMBD) obligations shall not apply to any measure relating to the employment of foreign nationals. Restrictions may be imposed on the number, duration and type of SMBD positions where foreign nationals may be employed. Source of Measure : -1987 Constitution of the Republic of the Philippines. -Labor Code of the Philippines, as amended (P.D. No. 442, as amended). -Philippine Immigration Act of 1940, (C.A. No. 613, as amended). -Act to Punish Acts of Evasion of the Laws on the Nationalization of Certain Rights, Franchises or Privileges (C.A. No. 108, as amended by P.D. No. 715). -Omnibus Investments Code of 1987 (E.O. No. 226). -Local Government Code of 1991 (R.A. No. 7160). -Organic Act for the Autonomous Region in Muslim Mindanao (R.A. No. 6734). -Creating the Cordillera Administrative Region (E.O. No. 220). -Presidential and Administrative Issuances.
Sector. All Sectors Sub-Sector : - Industry Classification : - Level of Government : Central and Regional Type of Obligation : National Treatment Description of Measure : National Treatment shall not apply to measures affecting national patrimony8 and the rights of indigenous cultural communities in accordance with national development. Source of Measure : -1987 Constitution of the Republic of the Philippines. -Indigenous Peoples Rights Act of 1997 (R.A. No. 8371). -Local Government Code of 1991 (R.A. No. 7160). -Organic Act for the Autonomous Region in Muslim Mindanao (R.A. No. 6734). -Creating the Cordillera Administrative Region (E.O. No. 220). -Presidential and Administrative Issuances. ∞ 8 "National patrimony" refers to the natural resources of the Philippines and cultural heritage of the Filipinos. It also refers to Filipinos' intelligence in arts, sciences and letters.
Sector. Manufacturing Sub-Sector : -Production of industrial explosive devices (ISIC 2429) -Cement production (ISIC 2694) - Production of ready mixed concrete, stone crushing (ISIC 2695) -Automobile assembly and manufacture (ISIC 3410) - Motorcycle assembly and manufacture (ISIC 3591) Industry Classification : ISIC 2429, 2694, 2695, 3410, 3591 Level of Government : Central Type of Obligation : National Treatment Description of Measure : Investment in these sub-sectors shall be subject to planning of the Government which may give preferences to local investors15 Source of Measure : -Law on Mineral 2005 and its guiding legal documents. -Decision No 150/2007/QĐ-TTg, dated 10/9/2007. -Decree No 39/2009/ND-CP dated 23 April 2009. -Decision 121/2008/QD-TTg, dated 29/8/2008. -Decision 02/2007/QD-BCT, dated 29/8/2007. ∞ 15 For illustrative purpose, local manufacturer of motorcycles may be given privileges in terms of production quantity to meet the demand of domestic market and location preferences.
