Qualification Requirements for Foreign Contractors
- Must be bona fide contractors in their home country.
- The branch or subsidiary must be registered with the SEC for construction business in the Philippines.
- Projects must be either foreign financed with international bidding/bilateral agreement or under amended BOT Law or similar.
- Employs qualified Sustaining Technical Employees matching license category.
- Meets minimum net worth requirements at applied category.
- Net worth includes unencumbered assets in the Philippines (cash, equipment) which cannot be repatriated, sold, or leased during license validity.
- Subsidiaries require a back-to-back guarantee from the parent company.
- Must have relevant completed projects accepted by clients matching the project type and size applied for.
Classification and Size Range
- Foreign contractors are categorized and classified per the PCAB Revised Categorization and Classification Table (Annex A).
- Size range is assigned based on the Size Range Table (Annex B).
Joint Venture/Consortium Rules
- Joint ventures or consortiums including foreign contractors need a separate license distinct from individual contractors' licenses.
- Assigned category corresponds to the partner with largest equity or highest executive position when equity is equal.
- Alternatively, if requested, Board may evaluate combined capabilities for an appropriate category.
Application Documentary Requirements
- Specific documentary requirements for foreign contractors are listed in Annex C.
- Joint ventures/consortiums with all Filipino and foreign partners follow Sec. 4.6 a or c.
- Joint ventures/consortiums with mixed Filipino and foreign partners follow Sec. 4.6 b or d.
Effectivity of Guidelines
- Guidelines effective 15 days after publication in two newspapers of general circulation.
This comprehensive framework outlines the conditions, qualifications, procedural necessities, and limitations surrounding the issuance of special licenses to foreign contractors in the Philippines under the PCAB and CIAP authorities.