Legal Basis for the Formulation of the List
- The List is mandated under Republic Act No. 7042 (Foreign Investments Act of 1991), as amended by Republic Act No. 8179.
- The List serves to identify areas open or restricted to foreign investors and Filipino nationals respectively.
- The formulation reflects current laws and recommendations from concerned government agencies.
Procedures for Amendments
- Amendments to List A (areas strictly reserved for Filipinos) may be made at any time to reflect changes in specific laws.
- Amendments to List B (investment areas partially open to foreign investors with set percentage limits) cannot be made more frequently than once every two years.
- This amendment procedure aligns with Section 8 of RA 7042 and its implementing rules and regulations.
Repeal of Inconsistent Issuances
- All prior issuances, orders, rules, or regulations inconsistent with this Executive Order are repealed, amended, or modified accordingly.
- This ensures that the Ninth Regular Negative List is the prevailing directive governing foreign investment restrictions.
Separability Clause
- Should any provision of this Executive Order be declared invalid or unconstitutional, such invalidity shall not affect other provisions.
- Non-affected provisions will remain valid and enforceable.
Effectivity of the Executive Order
- The Executive Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation.
- This provision ensures public notice and transparency prior to the enforcement of the updated List.