Title
Modes of Privatization for Asset Privatization Trust
Law
Executive Order No. 298
Decision Date
Aug 11, 2017
Fidel V. Ramos authorizes the Asset Privatization Trust to utilize alternative and intermediate modes of privatization, including joint ventures and management contracts, to enhance and expedite the recovery of assets for the National Government.
A

Powers and Flexibility of the APT

  • Authorized to conserve and rehabilitate assets to maintain value or enable sale.
  • Can oversee management and operation of corporations or businesses constituting the assets.
  • Empowered to enter into service agreements as necessary.
  • Granted wide latitude and autonomy in accounting, auditing, procurement, contracting, asset management, disposition, and personnel matters.

Challenges in Asset Disposal

  • After eight years, some assets remain difficult to dispose due to physical condition, technical obsolescence, legal impediments, or poor business prospects.

Authorization of Alternative and Intermediate Modes of Privatization

  • Alternative modes are allowed to enhance or maximize recovery from APT assets without impeding speedy disposition.
  • Applicable particularly where assets are marketable but face shutdown or mothball costs similar to operational costs, or where preservation of factor inputs (technical skills, contractual relations, franchises) is necessary.

Specific Alternative and Intermediate Privatization Modes

  • Joint Venture: Combining APT assets with another entity to operate a business for mutual benefit, followed by privatization or referral for implementation per Proclamation No. 50.
  • B-O-T (Build-Operate-Transfer) Schemes: Finding proponents to undertake infrastructure/development projects using the APT asset under RA 6957 and referring projects for government implementation.
  • Management Contract: A corporation manages or operates substantially all of the APT-held business, including service contracts or operating agreements.
  • Lease-Purchase: Lessee has the option to purchase the asset under set price and terms, applicable throughout the lease.
  • Securitization: Conversion of asset form (e.g., physical to equities or certificates of participation), subject to RA 7886.

Legal Compliance and Oversight

  • The exercise of these privatization modes must comply with pertinent laws and regulations.
  • Upon expiration of APT's term, contracts and obligations arising from these modes will be managed by a special committee established by the President under RA 7886.

Effectivity

  • The Executive Order took effect immediately upon issuance on January 30, 1996.

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