Formation and Composition of IIPCC
- Creates the Inter-Agency Investment Promotion Coordination Committee (IIPCC) to integrate foreign investment promotion.
- Chaired by the DTI Secretary; members include key government agencies and four private sector representatives.
- Private members serve three-year terms with qualifications in investment-related fields.
Functions and Operations of IIPCC and Secretariat
- IIPCC formulates investment promotion plans, coordinates marketing and research, supports investment missions, monitors targets, and supports LGUs.
- Secretariat headed by BOI Executive Director handles administrative support, budget consolidation, monitoring, and reporting.
- Meetings held semi-annually with quorum rules; full disclosure of conflicts of interest mandated.
Investment Promotion and Marketing Plan (FIPMP)
- FIPMP aims to promote the Philippines as an investment destination fostering job creation, product sophistication, domestic supply, capital attraction, and export diversification.
- IIPCC formulates medium (5 years) and long-term (10 years) plans.
- Plans are reviewed and amended bi-annually with monitoring tools integrated.
- Education and training agencies to align curricula with manpower needs under FIPMP.
Online Single-Portal System
- IIPCC to establish and maintain an online portal for information dissemination, registration links, databases of investments, local partners, land, and marketing tools.
- The system promotes investment facilitation and shall be accessible to the public.
Registration and Qualification of Foreign Investments
- Foreign nationals may invest up to 100% in domestic market and certain export enterprises outside the Foreign Investment Negative List (FINL).
- Registration to be filed with SEC for corporations/partnerships and DTI for sole proprietors.
- Additional requirements apply for defense-related and some domestic market enterprises.
- Registration decisions have prescribed timelines; silence implies approval.
- Compliance with equity participation and paid-up capital monitored.
Investment Promotion Agencies (IPAs) and BSP Registration
- Enterprises may be registered with IPAs, observing their procedures.
- BAM registration necessary for foreign exchange sourcing and repatriation.
Foreign Investments in Export Enterprises
- Allows 100% foreign equity in export enterprises outside FINL restrictions.
- Requires registration with BOI and submission of annual reports.
- Non-compliance with reports and export quotas subject to graduated fines and possible registration cancellation.
Foreign Investments in Domestic Market Enterprises
- Foreign equity allowed up to 100% unless restricted by Constitution, laws, or the FINL.
- Enterprises may change status from domestic to export by notification and process outlined.
Foreign Investment Negative List (FINL)
- Regular FINL consists of List A (activities reserved to Philippine nationals with 40% foreign ownership limit) and List B (regulated activities with additional restrictions like defense, public health, and micro/small enterprises).
- NEDA responsible for formulation, submission, publication, and periodic review.
- Amendments to FINL by Executive Order, with procedures involving Secretary of National Defense, Health, and others.
Understudy or Skills Development Program
- Registered foreign enterprises employing foreign nationals and enjoying fiscal incentives must implement training programs.
- Program monitored by DOLE with reports submitted to IIPCC.
Rights of Former Natural Born Filipinos
- Former natural-born Filipinos granted rights equal to Philippine citizens in certain investments, including private land ownership subject to statutory limits and conditions.
Environmental Compliance
- All enterprises must comply with environmental laws and obtain the necessary clearances post-registration.
Administrative Sanctions
- Detailed penalties for late, fraudulent report submissions by export enterprises.
- Sanctions for failure to comply with export requirements and environmental standards outlined.
- Procedures for hearings on violations by SEC or DTI specified.
Protection of National Security in Foreign Investments
- Framework established to monitor and review foreign investments in strategic industries (e.g., military, cyber infrastructure, pipeline transportation).
- Procedures for voluntary and motu proprio reviews by IIPCC and IIPCC Technical Committee.
- President empowered to suspend, prohibit, or limit foreign investments deemed risky.
- Criteria for assessment include national security impact, legal compliance, economic implications, and investor background.
- Confidentiality of information maintained with exceptions for Congress or judicial proceedings.
Final Provisions
- Anti-graft provisions impose heavy fines on public officials involved in foreign investment promotions.
- Act excludes banking and individual professional practice governed by other laws.
- Appropriations allocated for IIPCC operations.
- Repealing clause abrogates inconsistent laws; separability clause preserves validity of the rest of the Act if parts are invalidated.
- Effectivity is fifteen days after publication.