Primary Purposes
- To guarantee approved foreign loans granted to majority Filipino-owned domestic entities.
- To guarantee Philippine banking and financial institutions against losses related to loans or credit accommodations extended to Filipino exporters, producers of export products, and contractors with approved overseas service contracts.
- To guarantee issuance of standby letters of credit or letters of guarantee for performance of approved overseas service contracts involving Filipino entities.
Functions of the Corporation
- Facilitate the entry of foreign loans for development, especially benefiting export-oriented and government-encouraged industries.
- Guarantee loans by Philippine financial institutions to qualified exporters, producers, and overseas contractors.
- Provide counter-guarantees for standby letters of credit and letters of guarantee securing approved overseas service contracts.
- Assist domestic entities in coordinating development and expansion plans.
- Provide technical assistance in preparing, financing, and executing development or expansion programs.
Corporate and Borrowing Powers
- Authority to enter contracts, own and dispose of property, sue and be sued.
- Can borrow funds domestically or abroad with President’s approval and adherence to applicable banking laws and regulations.
- Powers to buy, sell, underwrite securities, invest idle funds, and establish operational rules.
Operating Principles
- Focus on facilitating foreign/domestic loan financing and implementation of overseas contracts with net foreign exchange earnings.
- Carefully consider borrower’s ability to get guarantees elsewhere and capacity to meet obligations.
- Require suitable compensation for risk-bearing activities.
- Ensure proper use of loan proceeds.
- Limit guarantees to not exceed subscribed capital stock individually and aggregate obligations capped at 15 times the capital stock plus surplus.
- Subrogation rights following payment pursuant to guarantees.
- Governed by sound banking and financial management principles.
Capitalization and Financial Support
- Initial capital stock set at 2 billion pesos, fully subscribed by the Philippine government.
- Capital stock increase subject to presidential approval.
- Central Bank may grant loans and advances secured by acceptable assets.
- Government guarantees full payment of obligations incurred by the Corporation.
Board of Directors
- Composed of nine members including key government secretaries and officials with designated alternates.
- Holds policy-making, administrative, and supervisory functions.
- Authority to prepare policies, issue regulations, manage personnel, and authorize expenditures.
- Meets regularly with quorum and voting rules specified.
- Board members, except the Corporation President, receive a per diem for meetings.
Executive Officer (President)
- Appointed by the President of the Philippines for a six-year term, with criteria including Filipino citizenship, age, integrity, and expertise in finance, banking, or law.
- Duties include preparing the Board agenda, implementing policies, and overseeing operations.
- Salary fixed by the Board with presidential approval; initial salary set.
- Assisted by executive officials for efficient operation.
Personnel and Staffing
- Other officials and employees appointed and removed by the Board upon presidential recommendation.
- Government offices and corporations provide assistance including personnel details on a full- or part-time basis.
- Auditor from the Commission on Audit appointed with specified qualifications and removal procedures.
Coordination and Compliance
- Corporation to coordinate policies with Central Bank, NEDA, Philippine Export Council, and relevant government departments.
- Central Bank to provide necessary foreign exchange and exercise supervision and examination powers.
- Corporation’s foreign exchange transactions subject to existing Central Bank regulations.
Taxation and Regulatory Provisions
- Corporation exempt from all taxation, fees, and government charges.
- Not subject to Wage and Position Classification Office standards and salary scales.
- Applicable provisions of Corporation Law and Civil Service Law as long as consistent with this Decree.
Repeal and Effectivity
- Repeals Presidential Decree No. 1074 and other inconsistent laws or orders.
- Effective immediately upon promulgation.