Title
6th Regular Foreign Investment Negative List EO
Law
Executive Order No. 389
Decision Date
Nov 30, 2004
Gloria Macapagal-Arroyo establishes the Sixth Regular Foreign Investment Negative List, delineating investment areas reserved for Filipino nationals and outlining foreign equity participation limits, following the expiration of the previous list.

Legal basis and relationship to RA 7042

  • Republic Act No. 7042 (Foreign Investment Act of 1991), as amended by Republic Act No. 8179, requires the formulation of a Regular Foreign Investment Negative List.
  • Republic Act No. 7042 provides the Regular Foreign Investment Negative List covering investment areas/activities which may be opened to foreign investors and/or reserved to Filipino nationals.
  • The Regular Foreign Investment Negative List consists of Lists A and B and is effective for two years under Section 8 of Republic Act No. 7042, as amended.
  • The prior Regular Foreign Investment Negative List expired on 8 November 2004, pursuant to Section 8 of Republic Act No. 7042, as amended, and its revised Implementing Rules and Regulations.
  • The Executive Order is issued to formulate the Sixth Regular Foreign Investment Negative List due to expiration of the existing list and changes reflected in Lists A and B from specific laws.

Policy and purpose

  • The policy framework is that certain investment areas/activities are reserved to Philippine nationals unless allowed by the Foreign Investment Negative List framework.
  • The Executive Order is issued to reflect changes to Lists A and B arising from specific laws after expiration of the prior list.

Sixth Regular Foreign Investment Negative List

  • Section 1 establishes the Sixth Regular Foreign Investment Negative List as the investment areas or activities reserved to Philippine nationals.
  • The reserved areas/activities are limited to those listed in Annex A.
  • Section 1 limits the extent of foreign equity participation in the reserved areas/activities to the percentages indicated in the List.
  • The Sixth Regular Foreign Investment Negative List is expressly labeled as the operative list for reservation and foreign equity limitation.

Rules on amendments to Lists A and B

  • Section 2 allows amendments to List A at any time to reflect changes introduced by specific laws.
  • Section 2 restricts amendments to List B so they shall not be made more often than once every two years.
  • Section 2 ties the amendment frequency for List B to Section 8 of Republic Act No. 7042, as amended, and its revised Implementing Rules and Regulations.

Effect of inconsistent issuances

  • Section 3 revokes or modifies any orders, issuances, rules and regulations, or parts thereof, that are inconsistent with the Executive Order.
  • Section 3 requires conformity with the Sixth Regular Foreign Investment Negative List as the controlling regime for reservation and foreign equity limits under the Executive Order’s terms.

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