QuestionsQuestions (EXECUTIVE ORDER NO. 65)
The Eleventh Regular Foreign Investment Negative List is a list promulgated by the President of the Philippines that identifies specific investment areas and activities that are reserved exclusively for Philippine nationals, as stated in Executive Order No. 65, October 29, 2018.
The formulation of the Regular Foreign Investment Negative List is mandated under Republic Act No. 7042, also known as the Foreign Investments Act of 1991, as amended.
List A and List B categorize investment activities: List A includes sectors that have specific foreign investment restrictions mandated by law, and amendments to it may be made anytime; List B includes sectors reserved exclusively for Filipino nationals and amendments to it may only be made once every two years as per Section 8 of RA No. 7042.
Amendments to List A can be made at any time to reflect changes in specific laws, while amendments to List B can only be made once every two years pursuant to RA No. 7042 and its implementing rules. The President of the Philippines, through the Executive Order, is the authority involved in promulgating such lists.
Executive Order No. 65 takes effect fifteen (15) days after its publication in a newspaper of general circulation.
All issuances, orders, rules, and regulations or parts thereof that are inconsistent with Executive Order No. 65 are repealed, amended, or modified accordingly.
If any provision is declared invalid or unconstitutional, the other provisions not affected by such declaration shall remain valid and subsisting, ensuring the separability of the order's provisions.
Executive Order No. 65 was signed by Rodrigo Roa Duterte, the President of the Republic of the Philippines at the time.
The order reflects the policy to ease restrictions on foreign participation in certain investment areas or activities, consistent with existing laws.
The Foreign Investment Negative List identifies specific investment areas and activities reserved exclusively for Philippine nationals, thereby defining the areas open or restricted to foreign investors to protect national interests.