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.