Title
11th Foreign Investment Negative List EO
Law
Executive Order No. 65
Decision Date
Oct 29, 2018
Rodrigo Roa Duterte's Executive Order No. 65 establishes the Eleventh Regular Foreign Investment Negative List, updating investment restrictions to enhance foreign participation in specific sectors while reserving certain areas exclusively for Filipino nationals.
A

Basis and Legal Mandate

  • Enacted pursuant to Republic Act No. 7042, known as the Foreign Investments Act of 1991, as amended.
  • Reflects government policy to ease restrictions on foreign investment in certain areas.
  • Supersedes the Tenth Regular Foreign Investment Negative List to incorporate changes aligned with existing laws.

Categories of the Negative List

  • List A: Areas reserved for Filipino nationals as mandated by specific laws.
    • Amendments can be made at any time to reflect legal changes.
  • List B: Areas where foreign equity participation is limited but not entirely prohibited.
    • Amendments to this list may only be made once every two years following the law and its implementing rules.

Amendment Procedures

  • List A is more flexible and can be updated frequently to reflect legislative or regulatory changes.
  • List B amendments follow a strict biennial schedule in accordance with Section 8 of RA No. 7042 and its implementing rules.

Repeal of Inconsistent Issuances

  • All prior issuances, orders, rules, or regulations, or parts thereof, inconsistent with this Executive Order are repealed, amended, or modified accordingly.

Separability Clause

  • If any provision is declared invalid or unconstitutional, this does not affect the validity of the other provisions.

Effectivity Clause

  • The Order takes effect fifteen (15) days after publication in a newspaper of general circulation.
  • Ensures public awareness and legal enforceability post-publication.

Authority and Final Provisions

  • Signed by the President of the Philippines, exercising constitutional and legal powers.
  • Enforced through the Secretary of the Executive Office for administration.

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