Title
Aurora Special Economic Zone Act
Law
Republic Act No. 9490
Decision Date
Jun 29, 2007
The Aurora Special Economic Zone Act of 2007 establishes the Aurora Ecozone in the Philippines to attract foreign investments and promote industrial and economic development, providing incentives such as income tax holidays and tax treatments for registered enterprises within the zone.

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.

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