Title
Foreign Loans Authorization Act
Law
Republic Act No. 4860
Decision Date
Sep 8, 1966
The Foreign Borrowing Act authorizes the President of the Philippines to contract loans with foreign entities for economic development projects, with limitations on the amount and requirements for revenue-producing projects, and the authority to issue tax-exempt bonds and guarantee loans for government-owned corporations.
A

Loan Amount Limits and Conditions

  • The total principal amount of loans or indebtedness authorized is capped at one billion US dollars or equivalent in foreign currencies.
  • Annual borrowing limits are set at 250 million US dollars per fiscal year.
  • Loans must be project-specific and approved per the government’s economic program.
  • Project plans require preparation by relevant agencies, recommendation by the National Economic Council and Central Bank Monetary Board, and approval by the President.

Guarantee of Foreign Loans and Bonds for Government-Owned Corporations

  • The President is authorized to guarantee foreign loans or bonds issued by government-owned or controlled corporations for similar development purposes.
  • Eligible projects include rehabilitation, modernization, and economic development areas detailed in Section 1.
  • At least 75% of funds guaranteed must be spent on revenue-generating and self-liquidating projects.
  • Guarantees cover loans by government financial institutions for relending to the private sector, limited to an aggregate of 500 million US dollars.
  • Loans guaranteed for relending must be extended to Filipino-owned or controlled corporations with at least 66 2/3% Filipino ownership, which must be maintained while the loan is outstanding.
  • Failure to maintain ownership structure results in immediate loan demand, penalties, interest, and a 2% special penalty on total due.

Compliance with Executive Orders and Procedural Rules

  • Implementation follows procedures under Executive Order No. 236 (1957) relating to development finance planning, government securities issuance, fund disbursement, and creation of oversight councils.
  • Executive Order No. 26 (1966) amendments are recognized so long as consistent with this Act.

Reporting Requirements

  • The President must report to Congress within 30 days from the opening of each regular session.
  • Reports must detail amounts borrowed, guarantees extended, purposes and projects financed, and any loans reloaned to Filipino entities.

Appropriations for Loan Payments

  • Congress is tasked to appropriate necessary funds from the National Treasury to meet principal and interest payments on these foreign loans and indebtedness when due.

Effectivity

  • The Act takes effect immediately upon approval.

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