THIRD REGULAR FOREIGN
INVESTMENTS
NEGATIVE LIST
[Executive
Order No. 11 dated August 11, 1998]
LIST A:
FOREIGN OWNERSHIP
IS LIMITED
BY MANDATE OF THE
CONSTITUTION AND SPECIFIC LAWS
No Foreign Equity
1. Mass
Media
except recording [Article XVI, Section 11 of the Constitution;
Presidential
Memorandum Order dated 04 May 1994].
2. Services
involving the practice of licensed professions save in cases prescribed
by law.
a.
Engineering
i.
Aeronautical Engineering
ii.
Agricultural Engineering
iii.
Chemical Engineering
iv. Civil
Engineering
v.
Electrical
Engineering
vi.
Electronics
and Communication Engineering
vii.
Geodetic
Engineering
viii. Mechanical
Engineering
ix.
Metallurgical
Engineering
x.
Mining
Engineering
xi. Naval
Architecture and Marine Engineering
xii.
Sanitary
Engineering
b. Medical
and
Allied Professions
i.
Medicine
ii.
Medical Technology
iii.
Dentistry
iv.
Midwifery
v.
Nursing
vi.
Nutrition
and Dietetics
vii. Optometry
viii. Pharmacy
ix.
Physical
and Occupational Therapy
x.
Radiologic
and X-ray Technology
xi.
Veterinary Medicine
c.
Accountancy
d.
Architecture
e.
Criminology
f.
Chemistry
g. Customs
Brokerage
h.
Environmental
Planning
i.
Forestry
j.
Geology
k. Interior
Design
l.
Landscape
Architecture
m. Law
n.
Librarianship
o. Marine
Deck Officers
p. Marine
Engine Officers
q. Master
Plumbing
r.
Sugar
Technology
s. Social
Work
t. Teaching
[Article XIV, Section 14 of the Constitution; Section 1 of R. A. No.
5181]
3. Retail
Trade
[Republic Act No. 1180]
4.
Cooperatives
[Chapter III, Article 26 of R. A. No. 6938]
5. Private
Security Agencies [Section 4 of R. A. No. 5487]
6.
Small-scale
Mining [Section 3 of R. A. No. 7076]
7.
Utilization
of marine resources in archipelagic waters, territorial sea, and
exclusive
economic zone [Article XII, Section 2 of the Constitution]
8.
Ownership,
operation and management of cockpits [Section 5 of Presidential Decree
No. 449]
9.
Manufacture,
repair, stockpiling and/or distribution of nuclear weapons [Article II,
Section 8 of the Constitution]
10.
Manufacture,
repair, stockpiling and/or distribution of biological, chemical and
radiological
weapons [Various treaties to which the Philippines is a signatory and
conventions
supported by the Philippines)1
11. Manufacture of firecrackers and
other
pyrotechnic devices [Section 5 of R. A. No. 7183].
_______________________
[1/
Domestic investments are also prohibited (Article II, Section 8 of the
Constitution; Convention/Treaties to which the Philippines is a
signatory)]
_______________________
Up to Twenty-Five
Percent (25%) Foreign Equity
12. Private
recruitment, whether for local or overseas employment [Articles 27 of
Presidential
Decree No. 442]
13.
Contracts
for the construction and repair of locally-funded public works except:
a.
Infrastructure/development
projects covered in R. A. No. 7718; and
b.
Projects
which are foreign-funded or assisted and required to undergo
international
competitive bidding [Commonwealth Act 541; Presidential Decree
No.
1594; Letter of Instructions No. 630; Section 2a of Republic Act No.
7718]
Up to Thirty
Percent (30%) Foreign Equity
14.
Advertising
[Article XVI, Section 11 of the Constitution]
Up to Forty
Percent
(40%) Foreign Equity
15.
Exploration,
development and utilization of natural resources (Article XII, Section
2 of the Constitution)2
_____________
[2/
Full foreign participation is allowed through financial or technical
assistance
agreement with the President (Article XII, Section 11 of the
Constitution)]
___________________
16. Ownership
of private lands [Article XII, Section 7 of the Constitution; Chapter
5,
Section 22 of Commonwealth Act No. 141]
17.
Operation
and management of public utilities [Article XII, Section 11 of the
Constitution;
Section 16 of Commonwealth Act No. 146]
18.
Ownership/establishment
and administration of educational institutions [Article XIV, Section 2
of the Constitution]
19.
Engaging
in the rice and corn administration [Presidential Decree No. 194].
20.
Contracts
for the supply of materials, goods and commodities to government-owned
or controlled corporation, company, agency or municipal
corporation.
[Section 1 of R. A. No. 5183]
21. Project
proponent and facility operator of a BOT project requiring a public
utilities
franchise [Article XII, Section 11 of the Constitution; Section 2(a) of
R. A. No. 7718]
22.
Operation
of deep-sea commercial fishing vessels [Section 27 of R. A. No. 8550].
23.
Adjustment
Companies [Section 323 of Presidential Decree No. 612 as amended by
Presidential
Decree No. 1814].
24.
Ownership
of condominiums [Section 5 of R. A. No. 4726].
Up to Sixty
Percent (60%) Foreign Equity
25.
Financing
companies regulated by the Securities and Exchange Commission [SEC]
[Section
6 of R. A. No. 5980 as amended by R. A. No. 8556]3
_____________
[3/
No foreign national may be allowed to own stock in financing companies
or investment houses unless the country of which he is a national
accords
the same reciprocal rights to Filipinos [Section 6 of R. A. No. 5980 as
amended by R. A. No. 8556; Presidential Decree No. 129 as amended by R.
A. No. 8366].
___________________.
26. Investment
houses regulated by the SEC [ Presidential Decree No. 129 as amended by
R. A. No. 8366].
|
