Law Summary
Creation and Location of Aurora Special Economic Zone
- Established in Barangays Esteves, Dibet, and Dibacong, Municipality of Casiguran, Province of Aurora.
- Covers approximately 500 hectares of public agricultural land.
- Specific geographic boundaries detailed with metes and bounds.
Governing Principles of Aurora Special Economic Zone
- Managed by Aurora Special Economic Zone Authority (ASEZA).
- Developed as a decentralized, self-sustaining industrial, commercial, agro-industrial, tourist, banking, financial, and investment center.
- Infrastructure and facilities to support investments and employment.
- Foreign and Filipino enterprises may operate independently or jointly.
- Zone boundaries may be adjusted with ASEZA and LGU consultation.
- Goods manufactured may be sold domestically subject to taxes and regulations.
- Negative list to protect domestic industries; prohibited local sales of certain industries.
- National government retains coordination authority.
Incentives for Registered Enterprises
- Income Tax Holiday (ITH) varies from 4 to 8 years depending on enterprise category and location.
- Net Operating Loss Carryover (NOLCO) available except when availing ITH.
- Fixed 5% tax on Gross Income Earned (GIE) replaces other national and local taxes (excluding real property tax on land).
- Accelerated depreciation allowed up to twice normal rates.
- Import tax and customs duty exemptions on capital equipment, raw materials, breeding stocks, and genetic materials subject to conditions.
- Exemption from wharfage dues on exports.
- Minimum Corporate Income Tax deferred until after ITH period.
Tax Treatment of Merchandise and Raw Materials
- Domestic sales from the zone are subject to standard tax laws.
- Merchandise moving from the zone to customs territory treated as imported goods.
- Exported products are subject to applicable import laws upon re-importation.
- Raw materials and capital equipment importations treated under the Omnibus Investments Code.
- Registered export enterprises have access to bonded warehousing.
Employment of Foreign Nationals
- Foreign nationals may be employed in supervisory/technical positions for up to 10 years.
- Certain high-level positions may be retained beyond 10 years under ownership conditions.
- Foreign nationals and immediate family are entitled to multiple-entry visas and exemption from certain clearances and permits.
Investor Visa Incentive
- Foreign investors investing at least US$150,000 permitted an investor's visa.
- Visa holders entitled to reside during the investment period.
- Requirements include age, no criminal record, no communicable diseases, and mental fitness.
ASEZA Administration and Governance
- ASEZA responsible for managing and operating the Aurora Ecozone.
- Board of Directors composed of government officials, investors, and worker representatives.
- Chairman serves as administrator; appointed by the President for a six-year term.
- ASEZA empowered to issue rules, supervise enterprises, and manage utility and infrastructure services.
- Authority to borrow funds and enter contracts, including under Build-Operate-Transfer schemes.
- Environmental protection and sustainable development mandated.
Organization and Personnel
- ASEZA staffed with officers and employees appointed by the Board.
- Governance adheres to civil service laws; officers prohibited from partisan political activities except voting.
- Removal or suspension requires just cause.
Capitalization
- Authorized capital stock of Php 1 billion with no par value shares.
- Majority owned by National Government and LGUs (at least 60%).
- Partial public offering allowed for up to 40% of shares.
- Funding sourced from General Appropriations Act and LGU funds.
Relationship with Government Entities
- ASEZA under policy direction and coordination of PEZA.
- Collaboration with Regional Development Council for integration in regional plans.
- LGUs retain autonomy except where ASEZA decisions prevail in zone matters.
- COA provides full-time audit personnel.
Legislative Provisions on Law Application and Effectivity
- Applies provisions of Republic Act No. 7916 regarding special economic zones.
- Any unconstitutional provisions severable without affecting the Act's validity.
- Repeals inconsistent laws and directives.
- Law effective upon official publication.