Governing Principles of the FAB
- FAB is developed as a decentralized, self-reliant hub focusing on manufacturing, technology, research, commerce, tourism, health services, and financial activities, including emerging technologies like AI, blockchain, fintech, IoT, and VR.
- National and local governments shall provide transportation, telecommunications, and other necessary infrastructure to support investments and employment.
- Foreign ownership in enterprises within FAB is permitted with possible minimum investment requirements.
- FAB operates as a separate customs territory ensuring free flow of goods and capital; customs control remains with Bureau of Customs.
- FAB boundaries may be expanded or reduced with proper concurrence, approval, and compliance with land use plans; expansions may be revoked by the President.
- Goods manufactured in FAB can be sold domestically subject to tax payments and regulations; a negative list restricts sale of products by certain industries locally.
- Security and defense responsibilities are shared between the National Government and AFAB.
Taxation and Financial Incentives
- Registered enterprises in the FAB pay a 5% final tax on gross income in lieu of all other national and local taxes, allocated as follows:
- 1% to National Government
- 1% to Province of Bataan
- 1% to host city or municipality
- 2% to the Authority of the Freeport Area of Bataan
- Foreign nationals investing at least US$75,000 in FAB-registered enterprises qualify for an investor's visa, subject to conditions regarding age, criminal record, health, and mental capacity.
Powers and Functions of the AFAB
- AFAB is responsible for operation, management, development, and regulation of the FAB, coordinating with local governments.
- It regulates enterprises, enforces building and fire codes, issues permits, imposes fees, and manages internal affairs.
- AFAB oversees the establishment, operation, and licensing of utilities, transport, port services, and infrastructure within the FAB, prioritizing private investors.
- It can raise funds through borrowing, issuance of securities, and entering joint ventures.
- It maintains security forces and coordinates with Philippine National Police and military for perimeter and internal security.
- Environmental protection and management of natural resources within FAB are under AFAB's jurisdiction, including issuance of environmental permits.
- AFAB acts as an offshore financial center offering various international financial and business services under applicable laws.
- It facilitates ease of doing business by establishing one-stop shops for permits and certifications, and can recommend special visas for foreign experts and retirees.
Governance Structure
- The AFAB Board of Directors holds AFAB’s powers, including a chairman, vice chairman, administrator, and representatives from national and local governments, domestic and foreign investors, and FAB workers.
- Board members must be Filipino citizens with qualifications in relevant fields and at least ten years’ experience.
- The Board members and administrator are appointed by the President for six-year terms.
- Officers and employees are appointed subject to Civil Service Law and must avoid partisan political activities.
Responsibilities of the AFAB Administrator
- Manages the AFAB’s affairs according to Board policies.
- Establishes internal organization and submits budget and reports to the Board.
- Develops policies, systems, and procedures essential to AFAB operations.
- Coordinates industrial peace, environmental protection, and quality of life improvements within FAB.
Organizational and Personnel Provisions
- The Board defines organizational structure and appoints personnel based on Civil Service Law.
- The administrator’s salary is comparable to top executives in similar government corporations.
- Employment security is protected, and removal or suspension can only be for cause.
Labor, Health, and Housing Services
- A labor center within FAB handles labor relations, disputes, contract interpretation, and work safety.
- Labor relations comply with the Labor Code and related laws; the Department of Labor and Employment (DOLE) is granted visitorial powers and inspection authority.
- The Department of Health is tasked to establish and operate a tertiary hospital within FAB.
- The National Housing Authority will provide housing developments for marginalized and low-income residents in the FAB area.
Foreign Investment Remittances
- Registered FAB enterprises have rights to remit foreign investment earnings subject to applicable foreign exchange laws and central bank regulations.
Capitalization and Assets
- Government capitalization of AFAB is set at PhP 2.5 billion with options to increase.
- Capital includes all lands, permanent improvements, and assets of the FAB, including properties transferred from GSIS and SSS, subject to proper inventory.
Protection of Existing Contracts and Transition
- All contracts, permits, and licenses issued by AFAB before this Act’s effectivity remain valid and unimpaired.
- The current chairman and administrator serve their remaining terms and may be reappointed.
Legal and Administrative Provisions
- Unconstitutional provisions do not nullify the entire Act; other provisions remain effective.
- Repeals inconsistent laws and proclamations regarding land conveyances and development mandates.
- The Act takes effect fifteen (15) days after publication in the Official Gazette or newspapers of general circulation, whichever is earlier.