Title
Entry of Foreign Traders and Investors
Law
Republic Act No. 5171
Decision Date
Aug 4, 1967
Republic Act No. 5171 facilitates the entry of international traders and investors into the Philippines by allowing them to engage in substantial trade or direct operations of an enterprise, while also granting privileges to their spouses and unmarried children, subject to reciprocity with the foreign state.
A

Questions (Republic Act No. 5171)

To facilitate the entry into the Philippines of international traders and investors of foreign nationality by amending the Philippine Immigration Act provisions on aliens entering under treaties of commerce and navigation.

Subparagraph (d) of the first paragraph of Section 9 of Commonwealth Act No. 613 (Philippine Immigration Act of 1940).

Entry is under and in pursuance of a treaty of commerce and navigation between the Philippines and the foreign state of which the alien is a national.

(1) Solely to carry on substantial trade principally between the Philippines and the foreign state of which he is a national; or (2) solely to develop and direct the operations of an enterprise in which he has invested, or is actively in the process of investing, a substantial amount of capital.

The alien must carry on substantial trade principally between the Philippines and the foreign state of which he is a national.

The alien must develop and direct the operations of an enterprise in which he has invested, or is actively in the process of investing, a substantial amount of capital, consistent with the Constitution and laws of the Philippines.

The alien’s wife and his unmarried children under twenty-one years of age, if accompanying or following to join him.

It requires that citizens of the Philippines are accorded like privileges in the foreign state of which such alien is a national.

It covers both. The law allows entry for substantial trade (traders) and for developing/directing operations of an enterprise with substantial capital (investors).

It may be an enterprise in which the alien has invested or in which he is actively in the process of investing.

For the investment/development option, it expressly limits the enterprise activity to those that comply with the Constitution and laws of the Philippines.

It repeals RA No. 1393 and other laws, parts of laws, or rules and regulations inconsistent with RA 5171.

No specific date is given other than upon approval; it states it shall take effect upon its approval.

August 4, 1967.

The framework of alien entry under Commonwealth Act No. 613, specifically Section 9(d), as amended by earlier legislation and further amended by RA 5171.

It is a textual amendment—replacing the wording of subparagraph (d) to state the updated eligibility and conditions for entry.


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