Law Summary
Declaration of Policy
- Develop ZAMBOECOZONE as decentralized, self-reliant agro-industrial, commercial, financial, investment, tourism, residential and retirement center
- Generate employment and attract productive foreign investments
- Operate as separate customs territory ensuring free movement of goods and capital
- Provide incentives such as tax and duty-free importations of raw materials, capital and equipment
Definitions
- Clear definitions for terms such as Act, Rules, ZAMBOECOZONE, AUTHORITY, Point of Entry, Enterprise, Residency, Facilities Operator, Board, Domestic and Foreign Articles, Customs Territory, Transshipment, Foreign Exchange, National Government, Foreign National, Offshore Banking Unit (OBU) among others
Rules of Interpretation
- National and local laws concerning trade, immigration, banking, customs are subordinated or liberally construed in favor of ZAMBOECOZONE
- Conflicts between national and local laws resolved in favor of ZAMBOECOZONE
- AUTHORITY's decisions prevail over local government on ZAMBOECOZONE matters except defense/security
- AUTHORITY exercises administrative powers, rule-making, and fund disbursements independently
Boundaries
- ZAMBOECOZONE covers specified areas in Zamboanga City defined by Presidential Proclamations
The AUTHORITY: Creation, Composition, and Powers
- AUTHORITY is a corporate body managing ZAMBOECOZONE
- Board of Directors with 8 members appointed by the President, including ex-officio city officials
- Chairman is also Administrator
- Powers include managing ZAMBOECOZONE, regulating enterprises, establishing utilities and services, issuing rules, borrowing funds, maintaining security, environmental protection, property management, and promiscuous rule-making
AUTHORITY Responsibilities
- Exercise exclusive jurisdiction over ZAMBOECOZONE
- Establish internal security and firefighting; perimeter defense shared with National Government
- Exclude articles/activities inimical to public interest
- Monitor and enforce registration, permits, audits, inspections, investigations, arrests, fines, and penalties
- Regulate ingress, egress, and traffic
Property and Infrastructure
- AUTHORITY ensures best use of ZAMBOECOZONE properties
- May lease to facilities operators who can sublease
- Authority to establish secure perimeters, points of entry, and duty-free areas
- Must create and enforce general land use plans
- Required to publish annual reports of economic activities
Registration Procedures for Enterprises and Residents
- AUTHORITY to establish registration office and issue certificates of registration and residency
- Applications open to nationals and businesses of any country unless constitutionally limited
- Enterprises must be organized either domestically or abroad but must have a local representative
- Certificates valid for one year, renewable subject to qualification
- Identification cards are required for residents and visitors
- Fees may be charged
- Withdrawal or cessation leads to automatic cancellation of registration
- Certificates may be revoked, suspended or cancelled for violations
Registration Requirements
- Business licensing requires submission of legal documents, proof of location, foreign remittances, restructuring documents, and asset lists
- Banks require approval and licensing from Bangko Sentral ng Pilipinas (BSP)
- Residency certificates required for Filipino residents and certain foreign nationals with proof of residency or investment
Rights and Obligations of Enterprises and Residents
- Enterprises can freely conduct business, import/export, employ foreign nationals (subject to conditions), comply with laws, and report periodically
- Facilities operators may lease, manage properties, provide services, install environmental safeguards, maintain security, charge fees, and set internal rules
- Residents may import personal goods duty-free, acquire goods for use within the zone, obey laws, and pay income taxes
Taxation and Trade Regime
- Enterprises exempt from all national and local taxes but pay 5% final tax on gross income (split among National Government, City Government, Barangay Fund)
- Income from Customs Territory limited to 30% before income tax applies
- Importations generally free of duties except prohibited articles
- Movement of goods between ZAMBOECOZONE and Customs Territory subjected to customs laws
- Procedures for transshipment and tax credit detailed
- Customs officials empowered to search and seize articles
Immigration Regulations
- Philippine immigration laws apply to persons entering directly from abroad
- AUTHORITY and Bureau of Immigration coordinate on enforcement
- Special provisions allow limited visa-free entry for targeted foreign nationals for tourism/business
- AUTHORITY authorized to issue work, temporary residence, and permanent residency visas following specified conditions
- Spouses and dependents covered
- Reporting requirements to Bureau of Immigration
Quarantine Regulations
- Philippine laws on animal, plant, and human health and quarantine apply
- Procedures coordinated by AUTHORITY and Philippine government agencies
Foreign Exchange and Banking
- Enterprises and residents free to maintain foreign exchange and local currency accounts
- Freedom to conduct foreign exchange business including buying, selling, and usage
- BSP circulars incorporated
- Banks must be licensed by BSP
- Offshore Banking Units and Foreign Currency Depository Units allowed under regulations
- Banks may open branches with registration
- Tax exemptions and 5% final tax for registered banks and affiliates
Environmental Regulations
- AUTHORITY prioritizes maintaining environmental quality conforming to national laws
- Ecology Center established for environmental management and compliance
- Philippine environment laws adopted
- Permits required for environmental compliance, construction, and operation
- Natural resource protection, air and water quality monitoring and enforcement
- Solid and hazardous waste management regulated
- Water resource planning and conservation areas designated
- Emergency and contingency plans mandated
Other Provisions: Security, Traffic, Labor, Sanitation, Education, Construction, Headquarters, Financial Markets, Disputes, Barangay Fund
- Security Force controls law enforcement and access
- AUTHORITY manages traffic regulations and vehicle registration within ZAMBOECOZONE
- Labor laws applicable; Labor Center established for enforcement, dispute resolution, training, and employment
- Apprenticeship programs and foreign employee regulations outlined
- Sanitation and waste systems coordinated with local government; fees and penalties allowed
- AUTHORITY may authorize private educational and medical institutions
- Building and construction subject to approval and environmental compliance
- Registration and obligations for regional/area headquarters companies
- Financial markets may be organized and regulated within ZAMBOECOZONE
- Disputes should first be amicably resolved, thereafter arbitration or court
- Barangay Special Development Fund funded by 1% of 5% final tax
- Procedures for fund use and reporting specified
Miscellaneous, Transitory, and Amendment Provisions
- Bankruptcy/liquidation under Philippine law
- Liens for unpaid sums owed to AUTHORITY or tax bodies
- Liability for damages from violations
- AUTHORITY empowered to dispose abandoned or unclaimed articles
- May issue memoranda and circulars, with prescribed procedures
- Rules of procedure for investigation established
- AUTHORITY Board may amend rules with proper notice
- Separability clause applies
- Rules effective upon publication