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Sponsored by: The ChanRobles Group A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library. This page features the full text of Republic Act No. 7111 "Overseas Workers' Investment (OWI) Fund Act" AN ACT ESTABLISHING THE OVERSEAS WORKERS' INVESTMENT FUND TO PROVIDE INCENTIVES TO OVERSEAS WORKERS, REDUCE THE FOREIGN DEBT BURDEN, AND FOR OTHER PURPOSES. REPUBLIC ACT NO. 7111
Section
1. Short Title. — This Act shall
be known as the "Overseas Workers' Investment (OWI) Fund Act."
chan robles virtual law library Sec.
2. Declaration of Policy. — It
is the policy of the State to protect and promote the welfare of
Filipino
overseas workers; to pioneer and develop innovative means to provide
incentives;
and to uplift the workers' families' living standards. It is likewise
the
policy of the State to reduce the foreign debt burden in order to
better
achieve sustained economic growth by way of tapping the unofficial and
informal remittances of said workers.
Sec. 3. Scope. — This Act shall apply to all Filipino citizens overseas, who are workers duly registered with the Philippine Overseas Employment Administration (POEA) and/or the Commission on Filipino Overseas (CFO), and their beneficiaries in the Philippines: Provided, That the additional benefits as enumerated in Section 8 of this Act shall not apply to Filipinos overseas, as defined in Section 2 of Batas Pambansa Blg. 79, who have already acquired immigrant status in their host countries: Provided, further, That the participation of Filipinos overseas, as defined in Batas Pambansa Blg. 79, in the remittance programs under this Act shall be limited to the first two (2) years of operation of said programs effective from the date of publication of the implementing rules and regulations of this Act.cralaw The participation of said overseas workers shall not exceed their total salaries or earnings for the period, counting from the effectivity of this Act. chan robles virtual law library Sec. 4. Overseas Workers' Investment Fund Board. — There is hereby created the Overseas Workers' Investment (OWI) Fund Board, which is hereby vested with corporate powers in accordance with existing laws, to encourage the greater remittance of earnings of Filipino workers overseas and to safeguard and oversee the participation of said workers' remittances and savings in the Government's debt-reduction efforts and other productive undertakings. The Board shall be composed of the following as members:
The
Secretary of the Department of Labor and Employment shall serve as the
Chairman of the Management Board. All
ex officio members of the Board shall receive no additional
compensation
or remuneration from the OWI Fund.chanrobles virtual law library
The President shall appoint the members of the Board within, thirty (30) days from the approval of this Act.cralaw
chan robles virtual law library The
Board shall within forty-five (45) days from the appointment of its
members
promulgate such rules and regulations as may be necessary to implement
the provisions of this Act. In addition, the Board shall adopt the
bylaws
of the Fund and set the date, time and place of regular Board meetings.
The Board shall enter into necessary trust agreements and establish the
essential organizational support, hire and oversee highly competent
personnel
and/or existing institutions to implement the appropriate operating
systems,
plans, modern and efficient communication networks and the other
provisions
of this Act.
chan robles virtual law library The
Board shall report to the President and to Congress the progress of its
tasks and business on a semiannual basis.chanrobles virtual law library
Sec. 5. Powers/Functions of the OWI Fund Board. — The OWI Fund Board shall have the following powers and functions:
Sec.
6. Debt Purchase Guidelines.
— In buying Philippine foreign debt papers pursuant to the
debt-for-note
scheme, the OWI Fund Board shall observe the following guidelines and
standards:
Sec.
7. Investment Instrument. — The
participatory debt reduction certificate (PDRC) shall be a negotiable
government
security guaranteed by the Republic of the Philippines to be issued in
any of the following denominations: US$ 100, $200, $300, $400, $500,
$1,000
and $2,000, redeemable in Philippine pesos at the full value of the
Central
Bank buying rate one (1) day prior to redemption. It shall
automatically
bear an interest rate which shall be reckoned based on the quarterly
average
of the London Interbank Offered Rates (LIBOR) plus one percent (1%), to
be determined at the end of each quarter but payable at the end of each
semester, and shall have a maturity of five (5) years from the date of
issuance.chanrobles virtual law library chan robles
virtual law library
The
PDRC shall incorporate a tax-free premium over and above the face value
of the same certificate, the percentage of which shall be fixed at
one-half
(1/2) of the numerical value of the discount of the purchased debt
papers
at the time of the remittance. The premium shall not earn
interest. chan
robles virtual law library
The holder of a PDRC shall be entitled to receive in cash one-fifth (1/5) of the premium rate, which shall be stamped on the PDRC upon issuance, at the end of every one (1) full year from the date of issue of the certificate.cralaw The PDRCs shall be directly and immediately released/delivered to the beneficiaries. At the option of the remitting worker or his beneficiary in the Philippines, the PDRC may be exchanged for cash at face value at the official exchange rate with any of the accredited financial institutions, used as collateral for loans with concessional interest rates, sold to any investor, or kept to earn market interest rates. chan robles virtual law library Sec. 8. Additional Incentives. — At the end of each calendar quarter, after providing for the settlement of all accounts payable and other obligations of the Fund and other charges of the Central Bank, the balance of the gains/proceeds in the OWI Fund shall be used in providing for the following, which shall accrue to the original holder:
The
gains from debt conversion arrangements and profitable investments of
the
peso loan funds shall be the primary sources of funding for the
incentives
and benefits granted to the overseas workers, and of the investment
operations
of the OWI Fund programs, including the provision of reasonable returns
to the other participants and the possible placements in investment
ventures/opportunities
with comparatively high returns and minimal risk.chanrobles virtual law library chan robles
virtual law library
Sec.
9. Coordinating Agencies. — The
following agencies of the Government shall provide complementary
support
services to the OWI Fund as follows:
Sec.
10. Contingency Measures. — To
ensure the continuity of the grant of premium and incentives to the
overseas
workers in cases of unavailability of debt papers in the international
secondary market and the discount rate of Philippine debt paper falling
to such levels that may impair the viability of the OWI Fund in the
short
run:chanroblesvirtualawlibrary
Sec.
11. Initial Funding. — The Philippine
National Bank (PNB), the Overseas Workers Welfare Administration (OWWA)
and the other government financial institutions may place in trust with
the OWI Fund a minimum amount of Two million dollars (US$2,000,000.00)
each (or its peso equivalent) or provide the same in the form of a
short-term
loan to the OWI Fund which shall earn them the same interest as the
yield
on ninety-day treasury bills. This initial funding shall serve as
standby
fund.chanrobles virtual law library chan robles
virtual law library
In
addition, the accredited financial institutions, money couriers, and
other
service participants in the remittance system shall be required to
deposit
in trust with the OWI Fund the equivalent of twenty percent (20%) of
their
projected quarterly remittance transactions under this Act which shall,
likewise, earn them the same interest as the yield on ninety-day
treasury
bills.chanrobles virtual law library
Sec. 12. Program Period. — The OWI Fund shall operate for not more than five (5) years from the date of publication of the implementing rules and regulations of this Act: Provided, That this period may be extended by the President for a period of not exceeding three (3) years upon recommendation of the OWI Fund Board. chan robles virtual law library Upon termination of operations, the OWI Fund support organization and/or trustee shall nevertheless continue its functions for three (3) years after the termination of the remittance system for the purpose of prosecuting and defending suits by or against the OWI Fund and enabling it to settle and wind up its affairs, but not for the purpose of continuing the remittance, debt-for-note and other operations for which the Fund was established. Sec. 13. Separability Clause. — If any provision of this Act is declared unconstitutional, the other portions shall remain valid.cralaw Sec. 14. Repealing Clause. — Any provision of law, decree, order, or rules and regulations inconsistent with the provisions of this Act is hereby repealed or modified accordingly. Sec.
15. Effectivity. — This Act shall
take effect upon its approval. chan
robles virtual law library
Approved:
August 22, 1991
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Back to Top - Back to Main Index - Back to Home Copyright ©1998-2006 by ChanRobles Publishing Company All Rights Reserved Since 19.07.98 |
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