FIFTH REGULAR FOREIGN
Order No. 139 dated October 22, 2002]
BY MANDATE OF THE
CONSTITUTION AND SPECIFIC LAWS
No Foreign Equity
except recording [Article XVI, Section 11 of the Constitution;
Presidential Memorandum Order dated 04 May 1994].
Electronics and Communication
Naval Architecture and Marine
Medicine and Allied Professions
Nutrition and Dietetics
Physical and Occupational Therapy
Radiologic and X-ray Technology
Marine Deck Officers
Marine Engine Officers
(Art. XII, Sec. 14 of the Constitution;
Sec. 1 of R.A. 5181)
Retail trade enterprises with paid-up capital of less than US$ 2,500,00
(Sec. 5 of R.A.
Cooperatives (Ch. III, Art. 26 of R.A.
Private Security Agencies (Sec. 4 of R.A. 5487)
Small-scale Mining (Sec. 3 of R.A.
Utilization of Marine Resources in archipelagic waters, territorial
and exclusive economic zone (Art. XII, Sec. 2 of the Constitution)
Ownership, operation and management of cockpits (Sec. 5 of P.D. 449)
Manufacture, repair, stockpiling and/or distribution of nuclear weapons
(Art. II Sec. 8 of the Constitution)
Manufacture, repair, stockpiling and/or distribution of biological,
and radiological weapons and anti-personal mines (Various treaties to
the Philippines is a signatory and conventions supported by the
Manufacture of firecrackers and other pyrotechnic devices (Sec. 5 of R.A.
to Twenty Percent (20%) Foreign Equity
Private radio communication network (R.A. 3846)
to Twenty-Five Percent (25%) Foreign Equity
Private recruitment, whether for local or overseas employment (Art. 27
Contracts for the construction and repair of locally-funded public
(Sec. 1 of C.A. 541, LOI 630) except:chanroblesvirtuallawlibrary
infrastructure/development projects covered in R.A.
projects which are foreign funded or assisted and required to undergo
competitive bidding(Sec. 2(a) of R.A.
Contracts for construction of defense-related structure (Sec. 1 of C.A.
to Thirty Percent (30%) Foreign Equity
to Forty Percent (40%) Foreign Equity
Exploration, development and utilization of natural resources (Art.
Sec. 2 of the Constitution)
Ownership of Private Lands (Art. XII, Sec. 7 of the Constitution;
Ch. 5, Sec. 22 of C.A. 141)
Operation and management of public utilities (Art. XII, Sec. 11 of the
Sec. 16 of C.A. 146)
Ownership/establishment and administration of educational institutions
(Art. XIV, Sec. 4 of the Constitution)
Culture, production, milling, processing, trading excepting retailing,
of rice and corn and acquiring, by barter, purchase or otherwise, rice
and corn and the by-products thereof (Sec. 5 of P.D. 194; Sec. 15 of
Contracts for the supply of materials, goods and commodities to
or controlled corporation, company, agency or municipal corporation
1 of R.A. 5183)
Project Proponent and facility Operator of a BOT project requiring a
utilities franchise (Art. XII, Sec. 11 of the Constitution;
Sec. 2a of R.A.
Operation of deep sea commercial fishing vessels (Sec. 27 of R.A.
Adjustment Companies (Sec. 323 of P.D.
612 as amended by P.D.
Ownership of condominium units where the common areas in the
projects are co-owned by the owners of the separate units or owned by a
corporation (Sec. 5 of R.A. 4726)
to Sixty Percent (60%) Foreign Equity
Financing companies regulated by the Securities and Exchange Commission
(Sec. 6 of R.A. 5980 as amended by R.A.
Investment houses regulated by the SEC (Sec. 5 of P.D. 129 as amended
This is limited to Filipino citizens save in cases prescribed by law
Full foreign participation is allowed for retail trade enterprises: (a)
with paid-up capital of US$2,500,000 or more provided that investments
for establishing a store is not less than US$830,000; or (b)
in high end or luxury products, provided that the paid-up capital per
is not less than US$250,000 (Sec. 5 of R.A. 9762)
Domestic investments are also prohibited (Art II, Sec. 8 of the Constitution;
Conventions/Treaties to which the Philippines is a signatory)
foreign participation is allowed through financial or technical
agreement with the President Art. XII, Sec. 2 of the Constitution)
Full foreign participation is allowed provided that within the 30-year
period from start of operation, the foreign investor shall divest a
of 60 percent of their equity to Filipino citizens (Sec. 5 of P.D. 194;
NFA Council Resolution No. 193 s. 1998)
No foreign national may be allowed to own stock in financing companies
or investment houses unless the country of which he is a national
the same reciprocal rights to Filipinos (Sec. 6 of R.A. 5980 as amended
by R.A. 8556;
P.D. 129 as amended by R.A.
Regular Foreign Investments Negative List (Executive Order No. 139)
"A" - LIST A
"B" - LIST B
to Home Page
to Investment Index