INVESTORS’ GUIDEBOOK 2020

DANELA C. BAUTISTA INTRODUCTION

With the ASEAN Integration and aggressive campaign of the Philippine Government to attract investments by capitalizing on the ease of doing business in the country, more foreign investors are considering the as the most feasible site in the international arena to establish their businesses. The Board of Investments (BOI), as the lead industry promotion agency in the country, signifies its commitment to further encourage the entry of investments through proactive initiatives and collaboration with various stakeholders.

The Investors’ Guidebook is a catalogue of various government transactions in relation to establishing a business in the Philippines. It contains the general business requirements and procedures on business registration, business taxation, pertinent sectoral permits and licenses, as well as optional registration for incentives availment from National Government Agencies and Investment Promotion Agencies, as follows:

1. Bureau of Immigration 2. Philippine Retirement Authority 3. Department of Labor and Employment 4. Securities and Exchange Commission 5. Department of Trade and Industry 6. Cooperative Development Authority 7. Bureau of Internal Revenue 8. Social Security System 9. Home Mutual Development Fund 10. Philippine Health Insurance Corporation 11. Bangko Sentral ng Pilipinas (Central Bank of the Philippines) 12. Intellectual Property Office 13. Department of Environment and Natural Resources - Environmental Management Bureau 14. Department of Agrarian Reform 15. Department of Energy 16. Bureau of Fire Protection 17. Department of Information and Communications Technology 18. Department of Science and Technology 19. Department of Tourism 20. Land Transportation Office 21. Land Transportation Franchising and Regulatory Board 22. Philippine National Police 23. Food and Drug Administration 24. National Water Resources Board 25. Department of Finance 26. Board of Investments 27. Philippine Economic Zone Authority

GENERAL BUSINESS PROCEDURE iii

GENERAL BUSINESS PROCEDURE

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TABLE OF CONTENTS iv

TABLE OF CONTENTS

INTRODUCTION 2

GENERAL BUSINESS PROCEDURE iii

TABLE OF CONTENTS iv

VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 1

ALIEN REGISTRATION AND PERMITS 2 Alien Certification Registration Identity Card (ACR I-card) 2 Special Work Permit (SWP) 4 Provisional Work Permit (PWP) 6 Alien Employment Permit (AEP) 8

SPECIAL VISAS 10 Special Visa for Employment Generation (SVEG) 10 47 (a)(2) Visa (Special Non-Immigrant Visa) 12 Special Investor’s Resident Visa (SIRV) 14 Special Retiree’s Resident Visa (SRRV) 19 Endorsement for Special Investor’s Resident Visa 21

NON-IMMIGRANT VISAS 23 Extension of Tourist Visa – Section 9(a) / Visa Waiver 23 Long-Stay Visitor Visa Extension (LSVVE) 25 Philippines Treaty Trader’s Visa (9D) 26 Pre-Arranged Employment Visa (9G) 28

IMMIGRANT VISAS 30 Philippine Immigrant Visa – Quota (Sec. 13) 30

PERSONAL TAX IDENTIFICATION NUMBER (TIN) 32 Tax Identification Number (TIN) for Self-Employed and Mixed Income Individuals 32 Tax Identification Number (TIN) for Persons Registering Under E.O. 98 33

BUSINESS ENTERPRISE REGISTRATION AND LICENSING 34

SECURITIES AND EXCHANGE COMMISSION (SEC) 35 Registration of Corporations through the Company Registration System 36 Stock Corporation 37 Non-Stock, Non-Profit Corporation 38 Application for Licensing of Lending Companies 39 Application for Licensing of Financing Companies 40 Registration of Corporations with Less than Five (5) Shareholders 41 Registration of Partnerships through the Company Registration System 43 Licensing of Foreign Corporations through the Company Registration System (CRS) 45 Branch Office / Representative Office 47 Regional Headquarters (RHQs) 49 Regional Operating Headquarters (ROHQs) 50

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DEPARTMENT OF TRADE AND INDUSTRY (DTI) 52 Business Name Registration Certificate 52 Online Application for Business Name (BN) Registration 54 Business Name (BN) Registration for Walk-In Applicants 55

COOPERATIVE DEVELOPMENT AUTHORITY (CDA) 56 Registration of Selected Types of Cooperatives 56 Reservation of Cooperative Name 56

BUSINESS TAXATION 57

Issuance of BIR Certificate of Registration for Corporations/Partnerships 57

NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 58

BANGKO SENTRAL NG PILIPINAS (BSP) 59 Registration of Foreign Investments 59 Application of Registration of Inward Foreign Investments and Other Investments (Procedures and Documentary Requirements) 60 For Registration with the BSP 60 For Registration with Custodian Banks 64 Surrender of BSRD 65

INTELLECTUAL PROPERTY OFFICE (IPO) 66 Patent Application 67 Annuity Payments 70 Trademark Application 71 International Trademark Application (Madrid Protocol) 73 Releasing of Trademark Certificates 74 Declaration of Actual Use (DAU) 75

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES – ENVIRONMENTAL MANAGEMENT BUREAU (DENR-EMB) 76 Application for an Environmental Compliance Certificate (ECC) 77 ECC for Category A & B Projects (Online Processing) 78 ECC for Category C Projects (Manual Processing) 78 Certificate of Non-Coverage (CNC) 79 CNC for Category C Projects (Manual Processing) 79 CNC for Category D Projects (Online Processing) 80

DEPARTMENT OF AGRARIAN REFORM 80 Land-Use Conversion 80

DEPARTMENT OF ENERGY (DOE) 87 Petroleum Service Contract Under the Philippine Energy Contracting Round 87 Petroleum Sub-Contract Registration 90 Tax-Exemption Certificate (TEC) Application 91 Issuance of DOE Certificate of Endorsement to the Energy Regulatory Commission 92 Registration Process of Renewable Energy Developer 94 Accreditation of a Biofuel Manufacturer 97 Approval to Engage In Downstream Oil Industry (DOI) 98 Certificate of Accreditation As An Oil Industry Participant Under the Fuel Bioethanol Program 100 Endorsement for BOI Registration (Downstream Oil Industry Participant) 101

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Endorsement for BOI Incentives Availment (Downstream Oil Industry Participant) 102 Issuance of DOE Certificate of Endorsement to BOI 103

BUREAU OF FIRE PROTECTION (BFP) 104 Fire Safety Inspection Certificate (FSIC) 104 For New Business Permit with Valid FSIC Issued During Occupancy Permit Stage 104 For New Business Permit without Valid FSIC Issued During Occupancy Permit Stage 105 Renewal of FSIC for Business Permit without Valid FSIC or Expire FSIC / With Existing Violation of the Fire Code / Included in the Negative List 105 For Renewal of Business Permit 106 For Occupancy Permit 106

DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT) 107 Independent Tower Company Registration 107

DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST) 109 Certification of Foreign Investments in Advanced Technology 109

DEPARTMENT OF TOURISM (DOT) 112 Application for Star Rating (New) 112 Endorsement of Tourism Development Projects to the Board of Investment (BOI) and Philippine Economic Zone Authority (PEZA) 114 Progressive Accreditation System (PAS) 116 Accreditation of Dive Establishments 122

LAND TRANSPORTATION OFFICE (LTO) 124 Accreditation of Manufacturers, Assemblers, Importers, Rebuilders, and/or Dealers (MAIRDs) 124 Initial Registration of Motor Vehicles 126 Enrollment and Stock Reporting of Other Entities 130

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB) 132 LTFRB New Certificate of Public Convenience 132

PHILIPPINE NATIONAL POLICE 135 Highway Patrol Group (HPG) 135 Motor Vehicle Clearance Certificate 135 Firearms and Explosives Division (FED) 137 Authority to Export Firearms and Ammunitions, Spare Parts and Accessories for Commercial Purposes, Demonstration, Display, Test and Evaluation 137 Authority to Import Firearms, Ammunitions, Spare Parts, Accessories, and Reloading Components (For Commercial Purposes) 138 License for New/Transfer Firearms (Juridical Entity) 139 License to Deal in Firearms, Ammunition, Spare Parts, and Accessories (New-Main License) 140 License to Operate (New Branch) 141 License to Operate to Manufacture 143

FOOD AND DRUG ADMINISTRATION (FDA) 145 Certificate of Compliance 148 Cosmetic Establishment Licensing 149 License to Operate Cosmetic Establishment 149 License to Operate Household/Urban Hazardous Substances Establishment 153 Certificate of Free Sale for Cosmetics and Household Urban Hazardous Substances (HUHS) 157 Certificate of Product Registration for Household/ Urban Pesticide (HUP) 158 Medical Device Registration 160

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License to Operate as Medical Device Importer / Wholesaler / Exporter Establishment 160 Certificate of Free Sale for Medical Device Products (CFS) 161 Certificate of Exemption for Product Registration (COE) 161 Certificate of Product Registration of Medical Devices 162 Registration of an In-Vitro Diagnostic Device (IVD) 164 X-Ray Facilities Registration 165 License to Operate a Dental X-Ray Facility 166 License to Operate for Dental Educational X-Ray Facility 167 License to Operate a Medical X-Ray Facility 168 License to Operate a Non-Medical X-Ray Facility (Industrial, Anti-Crime, and Research) 170 License to Operate a Veterinary X-Ray Facility 171 License to Operate a Medical Educational X-Ray Facility 172 Certificate of Registration (COR) for Magnetic Resonance Imaging Facility 173 Pre-Operational Permit of Therapeutic X-Ray Facility 174 License to Operate a Therapeutic X-Ray Facility 175 Drug Establishment Registration 177 License to Operate as Drug Manufacturer 177 License to Operate as Drug Distributors (Importer / Exporter / Wholesaler) 178 License to Operate a Drugstore / Hospital Pharmacy / Institutional Pharmacy 179 License to Operate a Retail Outlet for Non-Prescription Drugs (RONPD) 180 Foreign Good Manufacturing Practice (GMP) Clearance 181 Food Establishment Licensing Requirements 182 License to Operate a Food Establishment 182 Food Registration 186 Certificate of Product Registration. 186

NATIONAL WATER RESOURCES BOARD (NWRB) 189 Water Permit 189 Certificate of Public Convenience (CPC) 191 Permit to Drill (PTD) for Observation/Monitoring Deepwells 193 NWRB Certification for PEZA Registration 193

DEPARTMENT OF FINANCE (DOF) 194 Mabuhay Lane 194

PHILIPPINE LABOR CODE COMPLIANCE 195

SOCIAL SECURITY SYSTEM (SSS) 196 Employer Registration 196

HOME MUTUAL DEVELOPMENT FUND (HDMF) 199 PAG-IBIG Employer Registration 199

PHILIPPINE HEALTH INSURANCE CORPORATION (PHILHEALTH) 201 PHILHEALTH Private Employer Registration (Formal Economy) 201 Manual Registration 201 Electronic Registration 201 Electronic Premium Remittance System Account for Employers 201

DEPARTMENT OF LABOR AND EMPLOYMENT 202 Occupational Safety and Health Standards Registration 202 Registration of Job Contractors and Sub-Contractors 203

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INCENTIVES AVAILMENT 205

BOARD OF INVESTMENTS 206 BOI Registration 207 Qualifications for BOI Registration 207 Basic Documentary Requirements 207 Procedure 208 Filing Fee 210 Registration Fee 210 BOI Endorsements and Other Issuances 211 Endorsement to set up a Regional or Area Headquarters (RHQ) / Regional Operating Headquarters (ROHQ) 211 Certificate of Good Standing for Bureau of Customs purposes 212

PHILIPPINE ECONOMIC ZONE AUTHORITY (PEZA) 213 PEZA Registration 213 Registering as Ecozone Export Enterprise 214 Registering as Ecozone IT Enterprise 216 Registering as Ecozone Logistics Enterprise 218 Registering as Ecozone Medical Tourism Enterprise 220 Registering as Ecozone Tourism Enterprise 222 Registering as Ecozone Agro-Industrial Enterprise 224 Registering as Ecozone Domestic Market Enterprise 226 Registering a Special Economic Zone 228 Registering as Economic Zone Facilities and IT Facilities Enterprise 234 Registering as Economic Zone Utilities Enterprise 236 Permit to Locate 237

ACKNOWLEDGEMENT a

DIRECTORY OF CONTACTS b

National Government Agencies c

Investment Promotions Agencies e

BOI Investments Assistance Center f Investments Assistance Service (IAS) f Counseling and Business Requirements Division (CBRD) f Aftercare Services Division (ASD) f

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 1

VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 2

ALIEN REGISTRATION AND PERMITS

Alien Certification Registration Identity Card (ACR I-card) Source: http://immigration.gov.ph/

An ACR I-Card is a microchip based, credit card-sized, identification card issued to all registered aliens whose stay in the Philippines has exceeded fifty-nine (59) days. It also has an embedded computer chip with biometric security features capable of data management and can be updated electronically.

Agency Involved: Bureau of Immigration

Requirements:

I. For New Applicants 1. Accomplished application form (BI Form 2014-08-006 Rev 0); 2. Certified true copy issued by the Records Section of the Board of Commissioners (BOC)’s Order granting the visa (for internal verification purposes); 3. Certified true copy issued by the Records Section of the Commissioner’s Order of Approval granting the Student Visa (for internal verification purposes); 4. Photocopy of bio-page and passport pages bearing valid visa implementation and latest admission with authorized stay; 5. Photocopy of official receipt(s) of payment for applicable fees; and 6. Two (2) pieces of 2x2 photograph of the applicant with white background and must be taken within the last three (3) months from the date of application

II. For Paper-Based ACR holders (Late-Filing for Permanent Residents) 1. Accomplished application form (BI Form 2014-08-006 Rev 0); 2. Letter of explanation regarding the late filing; 3. Original ACR (to be surrendered); 4. Photocopy of Immigrant Certificate of Residence (ICR)/Native-Born Certificate of Residence (NBCR); 5. Index Card Imaging print-out from the Fingerprint Section; 6. Photocopy of passport bio-page and passport pages bearing the visa implementation and latest admission; 7. Affidavit of Undertaking in case of expired passport (original and photocopy of the new passport which shall be presented fifteen (15) days from the date of its issuance); and 8. Two (2) pieces 2x2 photograph of the applicant with white background and must be taken within the last three (3) months from the date of application

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 3

Procedure:

1. Secure and fill out an application form and attach required documents. 2. Submit application with complete requirements. 3. Check the database for any derogatory record. 4. Get an Order of Payment Slip (OPS). 5. Pay the required fees. 6. Submit copy of Official Receipt. 7. After evaluation of application and approved, the ACR I-Card shall be printed. 8. Present claim stub and identification (ID) card.

Fees:

ITEM DISCRIPTION AMOUNT

I-Card Fee $ 50. 00

Express Fee Php 500.00

*Fees are updated as of 06 March 2014 and may change without prior notice.

Source: http://immigration.gov.ph/services/alien-registration/acr-i-card-issuance Checklist: http://immigration.gov.ph/images/FORMS/Checklist/4AlienRegistration/2.%20CDR%20ACR%20I- Card%20Issuance.pdf Application forms: http://immigration.gov.ph/images/FORMS/VariousApplicationsForms/4.%20Application%20Form%20for%20ACR %20I-CARD%20NEW.pdf

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 4

Special Work Permit (SWP) A foreign national who shall engage in gainful employment for three to six months should have a SWP.

Agency Involved: Bureau of Immigration

Requirements: 1. Letter request addressed to the Commissioner from the petitioning company; 2. Duly accomplished CGAF for Work Permit; 3. Photocopy of applicant’s passport bio-page and latest admission with valid authorized stay; 4. For Corporations or Partnerships, photocopies of the following: a. Securities and Exchange Commission (SEC) Certificate of Registration; b. Articles of Incorporation; c. General Information Sheet (GIS) for the current year stamped received by the SEC; For Single Proprietorships, photocopies of the following: a. Photocopy of Department of Trade and Industry (DTI) Certificate of Registration of Business Name; b. Mayor’s Permit 5. Employment Contract, Secretary’s Certificate of Election, Appointment, Assignment, Secondment or Deployment of applicant, or equivalent document indicating duration of employment, compensation and other benefits, and scope of duties; 6. Board Resolution if the signatories of the letter of application and employment contract are other than those appearing in the Articles of Incorporation and in the latest GIS; 7. For newly-incorporated corporations, a photocopy of BIR Certificate of Registration (BIR Form 2303) or latest Quarterly Income Tax Return (ITR) [BIR Form 1702Q] or official receipt of the corporation’s Quarterly ITR; 8. A sworn declaration of the petitioning company operating in the Philippines: a. Undertaking to withhold and remit to the Bureau of Internal Revenue (BIR) the taxes due on all income of the applicant; b. Stating that the entire salary or any other form of compensation of the SWP applicant shall be paid entirely by his/her home office outside the country (for SWP applicants who are not paid by the petitioning companies within the Philippines where they intend to render short-term work/services); and 9. BI Clearance Certificate

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 5

Procedure:

1. Secure the CGAF from either at the Public Information and Assistance Unit (PIAU) at BI G/F Main Office or from the official BI Website. 2. Submit the documents for pre-screening to the Central Receiving Unit (CRU) or to the frontline officer or staff of other Immigration Offices able to process this transaction. 3. Get the Order of Payment Slip (OPS). 4. Pay the required fees. 5. Submit copy of Official Receipt. 6. Get the approved SWP (for SWP without ACR I-Card). 7. Please refer to the Official Receipt for the schedule and venue of the hearing and Image and Fingerprint Capturing. (if with ACR I-Card). 8. In case of renewal application, the biometric data previously captured during the visa conversion shall be used in the printing of the renewed ACR I-Card. However, applicants aged ten (10) years and below shall have their image and fingerprint captured every extension of visa. Applicants aged eleven (11) years and above shall have their image and fingerprint captured every after five (5) years. 9. Proceed to Image and Fingerprint Capturing Counter of the Alien Registration Division (ARD) and submit requirements for ACR I-Card application 10. If approved, claim the SWP and ACR I-Card.

Fees:

NO I-CARD WITH I-CARD PhP 6,440.00 PhP 6,440.00 Additional Fee for ACR I-Card *Fees are updated as of 06 March 2014 and may 1 Year - + US $50 change without prior notice. *Fees are updated as of 06 March 2014 and may change without prior notice.

Source: http://immigration.gov.ph/services/special-permits/special-work-permit-commercial Checklist: http://immigration.gov.ph/images/FORMS/June2015/BI%20FORM%20P-002-Rev%201.pdf Application Forms: http://immigration.gov.ph/images/FORMS/18Dec2015/BI%20FORM%20CGAF-002- Rev%203.1.pdf

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 6

Provisional Work Permit (PWP) Issued to foreign nationals during the pendency of their employment visa application.

Agency Involved: Bureau of Immigration

Requirements:

1. Letter request addressed to the Commissioner from the petitioning company with an undertaking to withhold and remit to the Bureau of Internal Revenue (BIR) taxes due on all income of the applicant; 2. Duly accomplished CGAF for Work Permit; 3. Photocopy of the applicant’s passport bio-page and latest admission with valid authorized stay; 4. Any proof of possession of valid Taxpayer Identification Number (TIN); 5. Photocopy of Alien Employment Permit (AEP) or the official receipt of the application for an AEP; 6. For Corporations or Partnerships, photocopies of the following: a. Securities and Exchange Commission (SEC) Certificate of Registration; b. Articles of Incorporation; c. General Information Sheet (GIS) for the current year stamped received by the SEC. For Single Proprietorship, photocopies of the following a. Photocopy of Department of Trade and Industry (DTI) Certificate of Registration of Business Name; b. Mayor’s Permit 7. Photocopy of Employment Contract specifying the exact compensation to be earned by the applicant; and 8. BI Clearance Certificate

Procedure:

1. Secure the CGAF from either at the Public Information and Assistance Unit (PIAU) at BI G/F Main Office or from the official BI Website. 2. Submit the documents for pre-screening to the Central Receiving Unit (CRU) or to the frontline officer or staff of other Immigration Offices able to process this transaction. 3. Get the Order of Payment Slip (OPS). 4. Pay the required fees. 5. Submit copy of Official Receipt. 6. Get the approved PWP

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 7

Fees:

Application Fee 2,000.00 Certificate Fee 500.00 Legal Research Fee 20.00 Service Fee 100.00 PWP Fee 400.00 Legal Research Fee 20.00 Express Lane Fee (Certification) 500.00 Express Lane Fee (Filing) 500.00 Total 4,040.00 *Fees are updated as of 06 March 2014 and may change without prior notice.

Source: http://immigration.gov.ph/services/special-permits/provisional-work-permit Checklist: http://immigration.gov.ph/images/FORMS/June2015/BI%20FORM%20P-004-Rev%201.pdf Application Forms: http://immigration.gov.ph/images/FORMS/18Dec2015/BI%20FORM%20CGAF-002-Rev%203.1.pdf http://immigration.gov.ph/images/SERVICESFORMS/SPECIALPERMITS/2PWP/BI%20Form%202014-00- 005%20Rev%200%20CGAF%20for%20Information%20on%20Applicants%20Children.pdf

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 8

Alien Employment Permit (AEP) Under Article 40 of the Labor Code of the Philippines, as amended, any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor and Employment. The Alien Employment Permit (AEP) is a permit issued to a non-resident alien or foreign national seeking admission to the Philippines for employment purposes after a determination of the non-availability of Filipino citizen who is competent, able and willing at the time of application to perform the services for which the alien is desired.

Agency Involved: Department of Labor and Employment – Bureau of Local Employment

Documentary Requirements:

New Application

1. Application Form duly accomplished and notarized with 2x2 picture in white background 2. Original copy of notarized appointment or Contract of Employment enumerating the duties and responsibilities, annual salary and other benefits of foreign national 3. Certified Photocopy of passport with visa or Certificate of Recognition for Refugees 4. Photocopy of Mayor's Permit or in case of Ecozone locators a Certification from the Ecozone authority that the employer is existing and operating in the Ecozone, photocopy of license from PCAB or DO 174-17 5. Business Name Registration and Application Form with DTI or SEC Registration and General Information Sheet (GIS) 6. Special Temporary Permit (STP) from Professional Regulation Commission (PRC) if position is regulated profession 7. Authority to Employ Foreign National from DOJ if covered by Anti-Dummy Law of from DENR in case of mining. 8. If the filer is a representative of the foreign national, authorization letter from the company or foreign national

Renewal

1. Application Form duly accomplished and notarized with 2 x 2 picture in white background 2. Original copy of notarized appointment or Contract of Employment enumerating the duties and responsibilities, annual salary and other benefits of foreign national 3. Certified Photocopy of passport with visa or Certificate of Recognition for Refugees 4. Photocopy of updated Mayor's Permit or in case of Ecozone locators a Certification from the Ecozone authority that the employer is existing and operating in the Ecozone, photocopy of license from PCAB or DO 174-17 5. Business Name Registration and Application Form with DTI or SEC Registration and GIS 6. Special Temporary Permit (STP) from Professional Regulation Commission (PRC) if position is regulated profession 7. Authority to Employ Foreign National from the Department of Justice if covered by Anti-Dummy Law or from DENR in case of mining. 8. If the filer is a representative of the foreign national, authorization letter from the company or foreign national

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 9

Note: Present to the DOLE Action Officer the original passport with valid visa and other original documents for verification purposes.

Where to Apply:

Regional Office having jurisdiction over the intened

Procedure:

1. Get application form (DOLE AEP Application Form) and the list of requirements from the Action Officer or download the form from DOLE-BLE’s website (www.ble.dole.gov.ph) and fill-up the form; 2. Submit to Action Officer the filled up application form with the documentary requirements; 3. Get the Order of Payment; 4. Bring the Order of Payment to the designated Cashier, pay the required permit fees and receive Official Receipt (OR); 5. Present the OR to the Action Officer on the date and claim AEP/Letter of Denial/Disapproval. If the claimant of the requested service is other than the one who filed the application, submit the letter of authorization together with photocopy of their IDs (Filer/Applicant and Authorized Representative – to present original for verification purposes).

Processing Period:

Three (3) working days after publication and payment of required fees and fines, if there are any

Fees:

For one year validity or a fraction thereof Permit Fee PhP9,000.00 plus PhP4,000.00 for every additional year or fraction thereof

For every year of validity or a fraction Renewal of Application PhP4,000.00 thereof Request for replacement must be Card Replacement Penalty PhP1,500.00 supported by Affidavit of Loss For every year or a fraction thereof on PhP10,000.00 each foreign national found working without valid AEP Penalty For every year or fraction thereof for PhP10,000.00 employer employing foreign nationals working without valid AEP

Sources: http://bwsc.dole.gov.ph/media/files/DOLE-Revised-Citizens-Charter.pdf (as of 2018) Application Form and Checklist: http://www.ble.dole.gov.ph/downloads/AEP/Revised%20AEP%20Application%20Form.pdf

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 10

SPECIAL VISAS

Special Visa for Employment Generation (SVEG) A qualified non-immigrant foreigner who shall actually employ at least ten (10) Filipinos in a lawful and sustainable enterprise, trade or industry.

Agency Involved: Bureau of Immigration

Documentary Requirements: 1. Letter request addressed to the Commissioner from the applicant with statements that: a. He/she undertakes the generation of employment of at least ten (10) full time Filipino workers or employees on a regular basis; and/or b. In case of rehabilitation, his/her investment intended for rehabilitation of a business activity, investment, enterprise or industry enabled the retention of at least ten (10) Filipino workers or employees on a regular basis, and without said investment, existing workers or employees would suffer loss of employment; 2. Duly accomplished CGAF (BI Form CGAF-002-Rev 3); 3. Photocopy of passport bio-page and latest admission with valid authorized stay; 4. For Corporations or Partnerships, photocopies of the following: a. Securities and Exchange Commission (SEC) Certificate of Registration; b. Articles of Incorporation; c. General Information Sheet (GIS) for the current year stamped received by the SEC. For Single Proprietorship, photocopies of the following a. Photocopy of Department of Trade and Industry (DTI) Certificate of Registration of Business Name; b. Mayor’s Permit 5. Certified true copy of Alien Employment Permit (AEP) issued by the Department of Labor and Employment (DOLE) if the applicant foreign national is elected or appointed to occupy a position in the company; 6. DOLE Certification that the applicant’s business activity, investment, enterprise or industry has employed at least ten (10) Filipino workers on a regular basis; 7. Valid Medical Certificate from the Bureau of Quarantine; 8. Sworn statement by the applicant certifying: a. The names and addresses of the Filipinos employed by him/her; b. That he/she undertakes to pay PhilHealth and SSS contributions; c. That no employee is receiving salary below the minimum wage; 9. Valid National Bureau of Investigation (NBI) Clearance, if application is filed six (6) months or more from the date of first arrival in the Philippines; and 10. BI Clearance Certificate

Additional Requirements for EACH Dependent

1. Duly accomplished CGAF (BI Form CGAF-002-Rev 3); 2. Photocopy of the passport bio-page and latest admission with valid authorized stay; 3. Proof of filiation with the applicant; 4. BI Clearance Certificate; and

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 11

Procedure:

1. Secure the CGAF from either at the Public Information and Assistance Unit (PIAU) at BI G/F Main Office or from the official BI Website. 2. Submit the documents for pre-screening to the Central Receiving Unit (CRU) or to the frontline officer or staff of other Immigration Offices able to process this transaction. 3. Get the Order of Payment Slip (OPS). 4. Pay the required fees. 5. Submit copy of Official Receipt. 6. Attend hearing. Please refer to the Official Receipt for the schedule and venue of the hearing and Image and Fingerprint Capturing. 7. Proceed to Image and Fingerprint Capturing Counter of the Alien Registration Division (ARD) and submit requirements for ACR I-Card application 8. Check website if visa application is already approved. 9. If approved, submit passport for visa implementation. 10. If ACR I-Card is approved, claim ACR I-Card.

Fees:

PRINCIPAL DEP-SPOUSE DEP-B16 DEP-B14 Php 29,330.00 Php 29,330.00 Php 29,330.00 Php 29,330.00

Additional Fee for ACR I-Card SVEG - + US $250 *Fees are updated as of 06 March 2014 and may change without prior notice.

Source: http://immigration.gov.ph/visa-requirements/special-visa/special-visa-for-employment-generation Checklist: http://immigration.gov.ph/images/FORMS/18Dec2015/BI%20FORM%20V-NI-026-Rev%201.1.pdf Application Forms: http://immigration.gov.ph/images/FORMS/18Dec2015/BI%20FORM%20CGAF-002- Rev%203.1.pdf

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 12

47 (a)(2) Visa (Special Non-Immigrant Visa) Foreign nationals falling under the following categories may be issued 47(a)(2) visas:

(a) Those employed as executives, supervisors, specialists, consultants, contractors or personal staff at enterprises registered with Export/Special Economic Processing Zones, Philippine Economic Zone Authority (PEZA), Board of Investments (BOI), or Authority of the Freeport Area of Bataan (AFAB);

(b) Those employed in enterprises that have existing agreement/s with the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, for the completion of a project;

(c) Exchange professors, scholars, trainees, participants, students, fellows and social workers under sponsorship of locally or internationally recognized educational, scientific, cultural, relief and charitable organizations, institutions, agencies or foundations, including representatives of non- recognized foreign governments to any of the aforementioned organizations, institutions, agencies or foundations;

(d) Volunteers who are registered with the Philippine National Volunteer Service Coordinating Agency (PNVSCA), including foreign personnel of international rescue/aid organizations providing assistance on occasion of natural disasters and major emergencies;

(e) Dependents of foreign nationals covered under any of the foregoing categories;

(f) Those who, upon application, were approved by the President or by this Department to be eligible to apply for 47(a)(2) visas, consistent with the provisions of CA No. 613, as amended.

Agency Involved: Department of Justice

Schedule of Availability of Service: Monday to Friday, 8:00 a.m. to 5:00 p.m. with no noon break

Documentary Requirements:

1. Valid passport/s of foreign nationals (and his/her dependents; if any) subject of the application, and when required by the Department of Justice, his/her/their re-entry permit/s to port of embarkation or country of origin. (Original and photocopies of the pertinent pages) 2. Marriage contract for dependent spouse. 3. Birth certificate/s for dependent children. 4. Affidavit of support and guaranty of return fare by the sponsor/applicant if spouse or dependent child is included in the application.

Additional Requirements for Executives, Supervisors, Specialists, Consultants, Contractors, Personal Staff and Dependents:

1. Certificate of registration issued by appropriate agency, of the employer/sponsor, if engaged in business. 2. Certification from the applicant employer/sponsor that the prospective special non- immigrant is being admitted to the Philippines pursuant to a contract entered into by the former with a government office/agency or subdivision or private firm. 3. Confirmation of appropriate agency or private firm utilizing the foreign national’s services.

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 13

4. Certification by employer on the number of personnel employed in the same category as that of the subject foreign national and their nationalities. 5. Copy of the contract/agreement entered into by the employer/sponsor of the prospective special non-immigrant with a government office, agency or subdivision or a private firm. 6. For exchange professors, fellows, students, scholars, participants, volunteers, and social workers under sponsorship of locally or internationally recognized educational, scientific cultural, relief and charitable organizations institutions, agencies or foundations and representative of non-recognized foreign government to international organization and their dependents: 7. Contract or agreement between local sponsor and foreign national, if any. 8. Appointment of foreign national by the host or receiving organization, institution or foundation. 9. Acceptance signed by the subject foreign national. 10. Proof of guarantor’s financial capacity to fulfil his/her undertaking, e.g., income tax return, bank accounts, etc.

Procedure:

STEP APPLICANT/CLIENT PROCEDURE / ACTION REQUIRED FEES DURATION

1 Submit duly accomplished Stamp the date received, affix initial, advise None 5 minutes Visa Application complete the applicant to proceed to specific room with documentary number and forward the documents to the requirements in three (3) assigned Authorized Verifier. sets

2 Proceed to the Authorized Check completeness of information in the None 10 minutes Verifier application form, verify the completeness of documentary requirements by accomplishing a checklist and indicate “Okay for payment.”

3 Proceed to the Authorized Issue Order of Payment (O.P.) and instruct the None 3 minutes Staff in Room 311 applicant to pay for the legal fee at the Cashier Section.

4 Pay the legal fee of Receive the payment, issue Official Receipt PhP2,525.00 2 minutes PhP2,525.00 at the (O.R.) and retrieve the O.P. for attachment to per person Cashier Section the Report of Collection

5 Return to the Authorized Receive the documents in 3 sets, return the 3rd None 5 minutes Staff, Legal Staff to submit set with stamp received to the applicant, and the documents and attach the Xerox copy of the O.R. to the furnish a Xerox copy of original Visa Application. the O.R.

6 Receive the 3rd set of the Assign the Visa Application (in two sets) to a None 5 minutes documents for reference State Counsel. and file

Note: Follow-up may be done only after ten (10) days at telephone numbers 524 9364 or at 523 8481 loc. 343

END OF TRANSACTION

Source: https://www.doj.gov.ph/visa_application.html Checklist and Application Forms: https://www.doj.gov.ph/files/dojform%2047a2.pdf

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 14

Special Investor’s Resident Visa (SIRV) The SIRV is a program of the government in attracting foreign investments into the Philippines. The program requires investors to remit at least US$75,000 into the country and invest subject capital in viable economic activities pursuant to Book V of the Omnibus Investments Code (Executive Order No. 226, as amended).

Agency Involved: Board of Investments

Legal Basis: Executive Order No. 226

Who can avail of the program?

Any alien who is at least twenty-one (21) years of age, who meets the following qualifications:

• He has not been convicted of a crime involving moral turpitude; • He is not afflicted with any loathsome, dangerous or contagious disease; • He has not been institutionalized for any mental disorder or disability; • He is willing and able to invest the amount of at least US$75,000.00 in an eligible form of investment; and • He is holder of a tourist (i.e. 9(a)) visa with at least one (1) month validity

Allowable Forms of Investment

For purposes of securing an SIRV, only investments/shares of stocks in existing, new or proposed corporations shall be allowed/ accepted as eligible forms of investment:

a. Publicly- listed companies;

b. Companies engaged in areas listed in the Investment Priorities Plan (IPP) of the Board of Investments. (The IPP is a list of priority areas of economic activities which the Government promotes for investments.);

c. Companies engaged in the manufacturing and services sectors; or

The companies whose activities fall in any of the following major sectoral classifications found under the services sectoral classification lists which are based on the UN Central Product Classification shall be deemed in the service sectors for purposes of evaluating the qualification of SIRV applicants:

1. Business services (such as BPO, consultancy, etc.); 2. Communication services; 3. Construction and related engineering services; 4. Distribution services; 5. Educational services; 6. Environmental services; 7. Financial services; 8. Health related and social services; 9. Tourism and travel related services; 10. Recreational, cultural and sporting services; 11. Transport services, and 12. Other services not included elsewhere.

d. Government securities

Note: Ownership of shares of stock in corporations engaged in wholesale trading and investments in condominium units are no longer allowed.

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 15

Filing of Applications

The application for a Special Investor’s Resident Visa may be filed with:

a. The Philippine Embassy or Consulate in the applicant’s home country or place of residence; or b. The embassy or consulate nearest thereto in the absence of the foregoing; or c. The Board of Investments if the investor is already in the Philippines.

All applications must be accompanied by all required supporting documents, otherwise the same shall not be officially accepted for processing.

Documentary Requirements:

1. Application form filled up and duly notarized, with recent ID pictures 2. Accomplished Personal History Statement Form (PHSF) from National Intelligence Coordinating Agency (NICA) (including dependents over 14 years old) 3. Police Clearance from the applicant’s country or place of residence, competent to give information about the criminal record that applicant may have, duly authenticated by the Philippine Embassy; or Certification of no criminal liability by the INTERPOL Division of the National Bureau of Investigation (NBI) 4. Medical Certificate from any government hospital or health facility or any licensed and accredited hospital or health facility in the applicant’s home country certifying that the applicant is physically fit. The Medical Certificate should be validated by the Bureau of Quarantine prior to the filing of SIRV application for those whose application are filed at the Board of Investments. 5. Certification from the Development Bank of the Philippines (DBP) as to the amount inwardly remitted by the applicant and its conversion to pesos. 6. Birth Certificate/Family Registry/Household Registry authenticated by the Philippine consulate or embassy located in the applicant’s home country or the applicant’s embassy in the Philippines. If the dependent child was born in the Philippines, original birth certificate issued by the National Statistics Office. 7. If applicable, marriage contract authenticated by the Philippine consulate/embassy located in the applicant’s home country or the applicant’s embassy in the Philippines.

Procedure

Application and Issuance of Visa

Endorsement of Applications Filed with Philippine Embassy/Consulate to BOI - An application, and its attachments filed with the Philippine Embassy/Consulate shall be endorsed by said Embassy/Consulate to the Board of Investments for evaluation. After evaluation, the same shall be re-endorsed to the Philippine Embassy/Consulate concerned through the DFA Consular Office for issuance of a probationary multiple entry visa.

Endorsements of Applications Filed with the BOI to BI - An application and its attachments filed with the BOI, including the original passport shall be endorsed to the BI for the grant of a provisional multiple entry visa.

Grant of Visa - Upon compliance with the requirements of Book V of the Code and these rules:

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 16

1. The applicant, who filed an application with the Philippine Embassy/Consulate, and who has not made an actual investment at the time his application is reendorsed by the BOI to the concerned Philippine Embassy/Consulate shall be issued a probationary multiple entry SIRV valid for a period of six (6) months;

2. The applicant, who filed an application with the BOI, and who has not made an actual investment at the time his application is endorsed by the BOI to the Bureau of Immigration shall be granted a probationary multiple entry SIRV valid for six (6) months;

3. Only upon submission by the applicant of all required documents to prove actual investments shall the BOI endorse to the BI his application for issuance of an indefinite multiple entry SIRV; For investments made in existing corporations, the indefinite multiple entry visa shall be granted only after validation of the same by the BI.

Processing Period:

For application for Probationary SIRV BOI – 7 working days BI – minimum of 10 working days

For conversion from Probationary to Indefinite SIRV BOI – 7 working days BI – minimum of 10 working days

It is recommended that the SIRV applicant and his dependents not leave the country until the SIRV is implemented in his passport. Otherwise, the SIRV may be subject to revalidation.

Release of – The Bureau of Immigration shall release passports with the SIRV only to an authorized officer or representative of the BOI. The applicant shall personally claim his passport from the BOI. He shall then be required to undergo a briefing as an SIRV holder.

Issuance of SIRV ID – The BOI shall issue SIRV identification cards only to applicants with actual investments, valid for one (1) year, renewable yearly. The SIRV ID Card shall be a basis for seeking exemption from securing the Special Return Certificate (SRC) and Emigration Clearance Certificate (ECC) from the Bureau of Immigration (BI) for purposes of travel abroad and presented in lieu of the BI Alien Certificate of Registration (ACR) / I-card.’

Conversion of Deposit to Investments

Prior Board Approval - The SIRV holder may not withdraw his deposit from the accredited bank unless authorized by the BOI. The Board may allow a partial conversion of deposit to investments, provided that the total deposit is converted to investments within the one hundred eighty (180) day period from date of issuance of probationary SIRV.

Application for Conversion of Deposit to Investments – Before a peso time deposit may be invested, an application in the prescribed form for conversion of time deposit to investments shall be filed with the Board of Investments.

Evaluation and Withdrawal of Time Deposit – Upon submission of all of the foregoing documents and evaluation thereof, the Board shall authorize the SIRV applicant to withdraw

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 17

time deposit from the accredited bank and invest the same. After securing prior BOI approval, the depository bank shall issue a check payable to the corporation.

Submission of Proof of Investment – At least thirty (30) days prior to the expiration of the one hundred eighty (180) day period to make the investment, the probationary SIRV holder shall show proof of investment as follows:

For investment in new corporation –

a. Duplicate copies of articles of incorporation and by-laws; b. Treasurer’s affidavit; c. Certified true copy of official receipt issued by the treasurer-in-trust; d. Certified true copy of Securities and Exchange Commission (SEC) registration; e. Certified true copy of stock certificate issued in favor of the applicant.

For investment in existing corporation not publicly listed –

a. Certified true copy of business/mayor’s permit; b. Certified true copies of articles of incorporation, by-laws and SEC registration; c. BOI registration, if any; d. Latest audited financial statement, list of officers and directors; e. Secretary’s certificate; f. Waiver of pre-emptive rights of existing stockholders; g. Certified true copy of the resolution from SEC authorizing the issuance of shares from the unsubscribed portion and exempting said shares from registration; h. BIR certificate of registration of official receipts; i. Certified true copy of stock certificate issued in favor of applicant; j. Certified true copy of SEC certificate of change of stockholders; k. Lease contract or proof of ownership of office or factory/plant sites.

Additional documents for shares purchased from existing stockholders

a. Corporate Secretary’s certificate; b. Certified true copy of stock certificate issued to selling stockholder; c. Deed of assignment between buyer and the seller of the stock;

For investment in shares in publicly listed corporations

a. Certified true copy of stock certificate to be submitted within three (3) months from date of investments; b. Certified true copy of official receipts and buy invoice; c. Sworn certification of stock broker.

The Board from time to time may require submission of other proofs of investment as it may deem necessary.

Annotation of SIRV Investment; BOI Approval – Stock Certificates issued to SIRV holders shall bear the annotation that the owner thereof is a holder of the Special Investors Resident Visa and that the same shall not be sold, transferred, or conveyed without prior BOI approval.

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 18

Ocular Inspection of Investment – The BI together with the BOI, shall conduct a one-time inspection of the companies of SIRV applicants or SIRV holders prior to the grant of indefinite SIRV. The inspection shall be done in accordance with the following:

a. For investments in existing corporations – inspection by BI together with BOI, within six (6) working days from submission of proof of investment. The BI shall process the conversion of the probationary to indefinite SIRV within fourteen (14) working days;

b. For investments in new corporations – one year from date of issuance of indefinite visa or before expiration of the holder’s identification card.

In case of investments in publicly listed firms – verification thereof may be secured from the firm’s Corporate Secretary.

In case of investment in IPP - listed project and investment is approved by the BOI, no inspection shall be necessary.

The BOI may assess the SIRV holder a nominal fee to cover the cost of inspection.

Registration of Investment with BSP – The SIRV applicant/holder shall register his investments with the Bangko Sentral ng Pilipinas (BSP) only if the foreign exchange needed to service the repatriation of capital and the outward remittance of dividends, profits and earnings which accrue thereon shall be sourced from the local banking system.

Registry of Investment – The BOI shall keep a registry of all SIRV investments and shall report any withdrawal or transfer thereof to the BI. The BOI shall likewise furnish the BSP a monthly report of SIRV investments registered by the BOI.

Fees

Application Fee US$300 per person

Conversion of Deposit to Investment PhP1,000

Conversion of Probationary to Indefinite SIRV PhP2,000

SIRV ID PhP 2,000 per person

Annotation Fee PhP 750.00

Certification Fee PhP750

Penalty for non-submission of annual reports PhP1,000 + PhP100 per day late

Application Forms: http://boi.gov.ph/ufaqs/special-investors-resident-visa/ Frequently Asked Questions: http://boi.gov.ph/wp-content/uploads/2019/11/SIRV-FAQ.pdf

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 19

Special Retiree’s Resident Visa (SRRV) Agency Involved: Philippine Retirement Authority

Who May Avail the SRRVisa:

Foreign Nationals and Former Filipinos except those classified as restricted by the Department of Foreign Affairs (DFA) at least 35 years old.

Documentary Requirements:

I. For Principal Applicant a. Duly accomplished SRRV Application Form b. Original Passport with valid Entry Visa c. Medical Examination Clearance Note: Can be secured abroad (with English translation) duly authenticated by the Philippine Embassy/Consular Office, or at any clinic/hospital in the Philippines accredited by the Dept. of Health (DOH). d. Police Clearance (from Country of origin/Country of residency with English translation) and National Bureau of Investigation (NBI) Clearance Note: Police Clearance only for Applicant whose stay in the Philippines is 30 days or less from the date of last entry. e. Twelve (12) pieces of 2”x2” ID Picture f. Bank Certificate of time deposit inwardly remitted to any PRA accredited banks II. For Spouse a. All requirements mentioned above, from I.a – I.e b. Marriage Certificate or in its absence, submit any of the following documents: For c. Koreans & Japanese – Family Register / Domicile • For Taiwanese – Household Register • For P.R.O.C. Chinese – Certificate of Relationship • For Japanese – Koseki Tohon III. For Dependent/s (Child) a. All requirements mentioned above, from I.a – I.e (except I.d which is only for dependents aged 18 to 20 years of age) b. Birth Certificate or in its absence, submit any of the documents mentioned in II.b

Note: All documents obtained / issued abroad must be duly authenticated by the Philippine Embassy / Consular Office / Department of Foreign Affairs, with corresponding English translation.

Procedure:

STEP APPLICANT SERVICE PROVIDER Submit documentary requirements to the Evaluate the documents submitted, 1 Front Desk Officer brief/orient applicant if needed. Pay the necessary fee at the Cashier booth Accept the payment and issue PRA Official 2 Receipt Present Official Receipt to the Front Desk Provide the applicant with a Claim Stub Officer which will indicate when and whom to 3 follow up the Passport and SRRVisa and PRA ID Card

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 20

Wait for the call of PRA Personnel about the 4 approved SRRVisa application Prepare all necessary documents / attachments, then forward to 5 Processing Division Chief for document verification Review all documents/attachments 6 prepared, affix initial/sign documents 7 Approves Disbursement Voucher Review documents, process check for 8 payment of Bureau of Immigration Fees 9 Route check for signing Submit documents to Bureau of 10 Immigration 11 Approval of Order Prepare SRRVisa sticker, affix to 12 applicant’s passport 13 Implement the SRRV Prepare the Oath Taking Materials and 14 SRRV ID Card 15 Inform retiree about the approved SRRVisa Go to the PRA Office and claim passport with Orient retiree member of his/her 16 the approved SRRVisa / Oathtaking obligations as a member of the PRA Program Affirm the retiree’s membership to the 17 program and take photo of the retiree with PRA Officer

Where the Temporary Visitor’s Visa expires during the processing of the SRRVisa, the retiree-applicant needs to have the Temporary Visitor’s Visa extended. Retiree-applicant may just give payment to PRA for the processing of the extension of the said Visa.

Where the processing must be discontinued (needs to return to his country or for any other emergency reasons), the documents including the passport may be pulled out from the Bureau of Immigration. The applicant may proceed with his application later on but needs to pay an additional revalidation fee of PhP 5,520.00 (Brueau of Immigration required fee).

The PRA reserves the right to request for additional documents in cases where additional proofs (documents re pension, visa deposits, entry status, etc.) are needed.

Processing Period:

1-3 Working Days *External processes not included such as VISA approval and implementation by the Bureau of Immigration

Fees:

Processing/Service (one-time)

US$1,400.00 Principal applicant US$ 300.00 Dependent applicant

Annual Fee of US$360.00 (for the Principal & 2 dependents)

Source: https://pra.gov.ph/wp-content/uploads/2018/03/SRRV-Info-Guide-04.14.15.pdf Application Forms: https://pra.gov.ph/downloads/

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 21

Endorsement for Special Investor’s Resident Visa Procedure for the endorsement of qualified foreign investors, who will engage in tourism activities, to the Bureau of Immigration for the availment of the Special Investor’s Residents Visa under Executive Order 63.

Office: Department of Tourism - Project and Investment Evaluation Division

Who may avail: Qualified Foreign National

Documentary Requirements

1. DOT OTSR Form 003 2. Bank Certificate under oath signed by the Presidents or Senior/Executive Vice President or officer with a rank not lower than Assistant Vice President or officer of equivalent rank, and proof of inward Remittances converted into pesos (e.g. credit advice, copy of tele graphic transfer, etc.) 3. Central Bank Certificate 4. Police clearance duly authenticated by the Philippines Embassy or Consulate 5. NBI Clearance 6. CID Intelligence Clearance 7. Medical Health Certificate from duly authorized physician (inclusive of AIDS Test Result) 8. Medical Health Certificate on physical fitness to be issued by the National Quarantine Office upon presentation of an AIDS results from any of the following hospitals: a) American Hospital b) Makati Center c) St. Luke's Hospital d) Doctor's Hospital 9. Mental Health Certificate from a competent mental health institution issued by any of the following hospitals: a) National Center for Mental Health b) Philippine General Hospital c) Jose Reyes Memorial Hospital d) Veterans Memorial Hospital 10. Applicant’s Passport 11. Passport of the applicant's legal spouse and dependent/s, if any 12. Marriage certificate of applicant and his spouse 13. Birth certificate of the applicant, his spouse and dependent children joining him/her to the Philippines.

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 22

Process

PROCESSING CLIENT STEPS AGENCY ACTIONS TIME Visit the reception area to get a Visitor’s Identification Card and Service Feedback Form Check the purpose of the visit, request the from the agency deposit of a valid identification card, and 1 minute Security Officer and requests the client to register in the logbook. proceed to the Project and Investment Evaluation Division.

Receive complete application documents and forward to Division Chief for task delegation. 10 minutes

Return incomplete application for completion Evaluate and prepare transmittal memorandum for the Undersecretary of TRCRG and the corresponding Endorsement Letter, and Letter Request for BSP Certification. 1 day

Submit duly Return to the Division Chief for review and accomplished initials Application Form and Forward to the Office of the OTSR Director for complete documentary 1 day requirements. recommendation and approval. Endorse to the TRCRG Assistant Secretary for 30 minutes initials Affix initials on the Endorsement Letter and 30 minutes forward to the Office of the Undersecretary.

Sign BSP Endorsement Letter and remand to 3 days PIED for transmittal. Affix seal and release to the proponent. 15 minutes

Processing Period: 5 days, 1 hour, 26 minutes

Fee: None

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 23

NON-IMMIGRANT VISAS Extension of Tourist Visa – Section 9(a) / Visa Waiver A foreign national whose stay will exceed fifty-nine (59) days should secure extensions of stay with the Bureau of Immigration

Agency Involved: Bureau of Immigration

Documentary Requirements:

1. Accomplished Tourist Visa Extension Form available at the Public Information and Assistance Counter or may be downloaded at BI website www.immigration.gov.ph 2. Original passport 3. If filed thru a representative: Special Power of Attorney or photocopy of BI Accreditation ID 4. If overstaying: Sworn Statement or Motion for Reconsideration

*Motions for Reconsideration are being applied by foreign nationals who are either filing for extension of visa beyond allowable maximum stay of 36 months (for non-visa required nationals) or 24 months (for visa-required nationals) or those who have been overstaying in the country for more than six months. Said motion is being evaluated and approved by the Commissioner.

Process:

DURATION OF PERSON APPLICANT / ACTIVITY (UNDER STEP ACTION OFFICER IN FORM CLIENT NORMAL CHARGE CIRCUMSTANCES) 1 To secure Provide applicant 2 minutes PIAU Visa Application queuing with checklist of Form number and requirements, application application forms form and general information to the transacting public 2 Review the 5 minutes TVS application form for Staff- completeness and incharge correct attachments Issue BI Clearance 15 minutes Staff- BI Clearance Certification if not incharge Certification included in the alert list otherwise advise applicant to proceed to Verification and Certification Unit for Clearance Issue Order of 10 minutes Assessor Order of Payment Slip and Payment Slip advise applicant to proceed to Cashier for payment 3 To submit Issue official receipt Official Receipts Order of

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 24

Payment Slip and payment to cashier 4 To process Implementation of implementation visa of visa 5 To present Review if the Official number of months Receipts, BI requested is clearance correct, if the certificate and extension has been conformity signed, etc. – sheet when Release the name is called passport. END OF TRANSACTION

Processing Time: Regular Lane – 72 hours / Express Lane – 1 hour

Fees:

APPLICATION TYPE FEES (in Php) 1) Initial Extension for the following passport holders: [a] British National 2,430.00 Overseas (BNO); [b] Portuguese-Macao; [c] Hong Kong SAR; [d] Macao SAR; [e] PROC with AJACS Visa; and [f] Indian with AJACSSUK Visa 2) Visa Waiver for foreign nationals admitted under EO 408 3,130.00 3) One (1) Month Extension after 59 days of Stay (Fees are exclusive of US $50.00 for ACR I-Card; based on BSP Forex Rate) a. Non-Visa Required Nationals: i. Minor 3,660.00 ii. 14-16 years of age 4,660.00 iii. Adults 4,910.00 b. Visa Required / Korean Nationals: i. Minor 4,960.00 4,960.00 ii. 14-16 years of age 5,960.00 5,960.00 iii. Adults 6,210.00 5) Initial Extension for holders of Brazilian passports (Fees are exclusive of US $50.00 for ACR I-Card; based on BSP Forex Rate) i. Minor 4,160.00 6,210.00 ii. 14-16 years of age 5,160.00 3,240.00 iii. Adults 5,410.00 3,490.00 UPDATING OF STAY FOR OVERSTAYING APPLICANTS 6) Motion for Reconsideration 510.00 7) Monthly Extension Fine 500.00 *For every month or fraction thereof Administrative fine 5000.00 *For every year or a fraction thereof, an Administrative Fine of ₱ 5,000.00 is imposed; however, those admitted under RA 6768 or "Balikbayan" are exempted.

Source: http://immigration.gov.ph/images/citizenscharter/CitizensCharter2019.pdf http://immigration.gov.ph/visa-requirements/non-immigrant-visa/temporary-visitor- visa/extension-of-authorized-stay-beyond-59-days

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 25

Long-Stay Visitor Visa Extension (LSVVE) Foreign Nationals who wish to extend his/her tourist visa during the last thirty (30) days of the previously issued LSVVE, or upon the expiry of a regular visa extension. The total duration of extension shall be not more than six (6) months from the time of expiration of authorized stay.

Source: http://immigration.gov.ph/visa-requirements/non-immigrant-visa/temporary-visitor-visa/long-stay- visitor-visa-extension-lsvve

Agency Involved: Bureau of Immigration

Documentary Requirements:

1. Original Passport 2. Application Form (TVS-CGAF-VE-2016) 3. Sworn Statement for overstaying/updating of stay of more than six (6) months

Process:

1. Secure the CGAF from either at the Public Information and Assistance Unit (PIAU) at BI G/F Main Office or from the official BI Website. 2. Submit the completely filled-out application form and attachments together with the passport to the frontline officer. 3. If the applicant has no derogatory records, a BI Clearance Certificate shall be issued. Otherwise, the applicant must proceed to the Verification and Certification Unit for Clearance. 4. Get the Order of Payment Slip and proceed to Cashier for payment. 5. Pay the fees and get the Official Receipt. 6. Submit the Official Receipt with the application form, attachments and passport to the receiving/assessment Officer. 7. Claim the passport stamped with the requested extension of stay.

Fees:

For Visa-Required For Non Visa-Required Nationals Nationals Item Description Amount Extension Fee PhP3,010.00 PhP3,010.00 Application Fee 1,810.00 910.00 ACR 1,010.001 1,010.006 Head Tax 250.002 250.007 ECC 710.003 710.008 Certification Fee 510.00 510.00 I-Card 2,100.004 2,100.009 Express Lane Fee 3,000.00 1,500.00 Express Lane Fee (Cert.) 1,000.005 1,000.0010 Express Lane Fee (I-Card) 500.00 500.00 TOTAL PhP 13,900.00 PhP 11,500.00 Fees are updated as of 06 March 2014 and may change without prior notice.

1Php 510.00 for fourteen (14) years old and below. 6Php 510.00 for fourteen (14) years old and below. 2No Head Tax for those below sixteen (16) years of age. 7No Head Tax for those below sixteen (16) years of age. 3Php 210.00 for fourteen (14) years old and below. 8Php 210.00 for fourteen (14) years old and below. 4Rate may change depending on US dollar exchange. 9Rate may change depending on US dollar exchange 5Double Express Lane Fee. 10Double Express Lane Fee

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 26

Philippines Treaty Trader’s Visa (9D) A foreign national of the United States of America (USA), Japan and Germany who is entering the Philippines solely to carry on trade or commerce pursuant to an existing treaty of commerce and navigation OR a foreigner who seeks admission for the purpose of developing and directing the operations of an enterprise in the Philippines.

Agency Involved: Bureau of Immigration

Documentary Requirements: 1. Letter request addressed to the Commissioner from the applicant and/or the petitioner; 2. Duly accomplished CGAF for Non-Immigrant Visa; 3. Photocopy of the applicant’s passport bio-page and latest admission with valid authorized stay; 4. For Corporations or Partnerships, photocopies of the following: a. Securities and Exchange Commission (SEC) Certificate of Registration; b. Articles of Incorporation; c. General Information Sheet (GIS) for the current year stamped received by the SEC. For Single Proprietorship, photocopies of the following c. Photocopy of Department of Trade and Industry (DTI) Certificate of Registration of Business Name; d. Mayor’s Permit 5. Photocopy of petitioner’s latest Income Tax Return (ITR) with the corresponding proof of payment (official receipt, bank teller’s validation slip, BIR’s eFPS payment details’ print-out or other similar evidence); 6. Duly acknowledged Employment Contract, Secretary’s Certificate of Election, Appointment, Assignment, Secondment or Deployment of applicant, or equivalent document indicating duration of employment, compensation and other benefits, and scope of duties; 7. Board Resolution if the signatories of the letter of application and employment contract are other than those appearing in the Articles of Incorporation and in the latest GIS; 8. BI Clearance Certificate; and 9. Original or certified true copy of Bureau of Quarantine Medical Clearance, if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A who arrived in the Philippines on or after June 2014.

Additional Requirements for EACH Dependent

1. Duly accomplished CGAF for Non-Immigrant Visa; 2. Photocopy of the dependent’s passport bio-page and latest admission with valid authorized stay; 3. Proof of filiation with the applicant; 4. BI Clearance Certificate; and 5. Original or certified true copy of Bureau of Quarantine Medical Clearance, if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A who arrived in the Philippines on or after June 2014.

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 27

Procedure:

1. Secure the CGAF from either at the Public Information and Assistance Unit (PIAU) at BI G/F Main Office or from the official BI Website. 2. Submit the documents for pre-screening to the Central Receiving Unit (CRU) or to the frontline officer or staff of other Immigration Offices able to process this transaction. 3. Pay the required fees. 4. Submit copy of Official Receipt. 5. Attend hearing. 6. Proceed to Image and Fingerprint Capturing Counter of the Alien Registration Division (ARD) and submit requirements for ACR I-Card application 7. Check website if visa application is already approved. 8. If approved, submit passport for visa implementation. 9. If ACR I-Card is approved, claim ACR I-Card.

Fees:

VALIDITY PRINCIPAL DEP-SPOUSE DEP-B16 DEP-B14 1 Year PhP 9,620.00 PhP 8,120.00 PhP 7,870.00 PhP 7,370.00

2 Years PhP 13,650.00 PhP 11,950.00 PhP 11,700.00 PhP 11,200.00

Additional Fee for ACR I-Card 1 Year - + US $50 2 Years - +US $100

*Fees are updated as of 06 March 2014 and may change without prior notice

Source: http://immigration.gov.ph/visa-requirements/non-immigrant-visa/treaty-trader-or-treaty- investor/conversion-to-treaty-trader-or-treaty-investor Checklist: http://immigration.gov.ph/images/FORMS/June2015/BI%20FORM%20V-NI-002-Rev%201.pdf Application Forms: http://immigration.gov.ph/images/FORMS/18Dec2015/BI%20FORM%20CGAF-002-Rev%203.1.pdf http://immigration.gov.ph/images/ImmigrantVisasForms/QuotaVisaForms/BIForm2014-00-005.pdf

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 28

Pre-Arranged Employment Visa (9G) Foreign nationals who are proceeding to Philippines to engage in any lawful occupation, whether for wages or salary or other forms of compensation

Agency Involved: Bureau of Immigration

Documentary Requirements:

1. Joint letter request addressed to the Commissioner from the applicant and the petitioner; 2. Duly accomplished CGAF for Non-Immigrant Visa; 3. Photocopy of passport bio-page and latest admission with valid authorized stay; 4. Photocopy of Employment Contract, Secretary’s Certificate of Election, Appointment or Assignment of applicant, or equivalent document, with details of exact compensation, duration of employment and comprehensive description of the nature and scope of the applicant’s position in the company; 5. Photocopy of petitioner’s latest Income Tax Return (ITR) with the corresponding proof of payment (official receipt, bank teller’s validation slip, BIR’s eFPS payment details’ print-out or other similar evidence); 6. For Corporations or Partnerships, photocopies of the following: a. Securities and Exchange Commission (SEC) Certificate of Registration; b. Articles of Incorporation; c. General Information Sheet (GIS) for the current year stamped received by the SEC. For Single Proprietorship, photocopies of the following a. Photocopy of Department of Trade and Industry (DTI) Certificate of Registration of Business Name; b. Mayor’s Permit 7. Photocopy of Alien Employment Permit (AEP) issued by the Department of Labor and Employment (DOLE); and actual publication of the applicant’s approved AEP or in the absence thereof, a Certificate of Publication issued by the Publisher; 8. Notarized certification of number of foreign and Filipino employees from the petitioning company (preferred format can be downloaded at the BI website); 9. Special Temporary Permit for an applicant practicing a regulated profession under the Professional Regulation Commission (PRC), if applicable; 10. BI Clearance Certificate; and 11. Original or certified true copy of Bureau of Quarantine Medical Clearance, if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A who arrived in the Philippines on or after June 2014.

Additional Requirements for EACH Dependent

1. Duly accomplished CGAF for Non-Immigrant Visa; 2. Photocopy of the dependent’s passport bio-page and latest admission with valid authorized stay; 3. Proof of filiation with the applicant; 4. BI Clearance Certificate; and 5. Original or certified true copy of Bureau of Quarantine Medical Clearance, if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A who arrived in the Philippines on or after June 2014.

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 29

Procedure:

1. Secure the CGAF from either at the Public Information and Assistance Unit (PIAU) at BI G/F Main Office or from the official BI Website. 2. Submit the documents for pre-screening to the Central Receiving Unit (CRU) or to the frontline officer or staff of other Immigration Offices able to process this transaction. 3. Pay the required fees. 4. Submit copy of Official Receipt. 5. Attend hearing. 6. Proceed to Image and Fingerprint Capturing Counter of the Alien Registration Division (ARD) and submit requirements for ACR I-Card application 7. Check website if visa application is already approved. 8. If approved, submit passport for visa implementation. 9. If ACR I-Card is approved, claim ACR I-Card.

Fees:

Non-Top 1,000 Corporations

VALIDITY PRINCIPAL DEP-SPOUSE DEP-B16 DEP-B14 1 Year PhP 10,130.00 PhP 8,120.00 PhP 7,870.00 PhP 7,370.00 2 Years PhP 17,170.00 PhP 13,960.00 PhP 13,710.00 PhP 13,210.00 3 Years PhP 24,210.00 PhP 19,800.00 PhP 19,550.00 PhP 19,050.00 Additional Fee for ACR I-Card 1 Year - + US $50 2 Years - +US $100 3 Years - + US $150

*Fees are updated as of 06 March 2014 and may change without prior notice

Top 1,000 Corporation

VALIDITY PRINCIPAL DEP-SPOUSE DEP-B16 DEP-B14 1 Year PhP 10,630.00 PhP 8,620.00 PhP 8,370.00 PhP 7,870.00 2 Years PhP 18,170.00 PhP 14,960.00 PhP 14,710.00 PhP 14,210.00 3 Years PhP 25,710.00 PhP 21,300.00 PhP 21,050.00 PhP 20,550.00 Additional Fee for ACR I-Card 1 Year - + US $50 2 Years - +US $100 3 Years - + US $150

*Fees are updated as of 06 March 2014 and may change without prior notice

Source: http://immigration.gov.ph/visa-requirements/non-immigrant-visa/pre-arranged-employment-visa/conversion- to-pre-arranged-employee-commercial Checklist: http://www.immigration.gov.ph/images/FORMS/2017_Aug/V-NI-007-Rev_1Conversion.pdf Application Forms: http://immigration.gov.ph/images/FORMS/18Dec2015/BI%20FORM%20CGAF-002-Rev%203.1.pdf. http://immigration.gov.ph/images/ImmigrantVisasForms/QuotaVisaForms/BIForm2014-00-005.pdf http://immigration.gov.ph/images/FORMS/June2015/CERTIFICATION.pdf

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 30

IMMIGRANT VISAS Philippine Immigrant Visa – Quota (Sec. 13) Maybe granted to nationals of countries which have diplomatic relations with the Philippines and grant the Filipinos the same immigration privileges under the principle of reciprocity which shall not be in excess of fifty (50) of any one nationality or without nationality for any one calendar year.

Agency Involved: Bureau of Immigration

Documentary Requirements: 1. Letter request addressed to the Commissioner from the applicant stating that he/she: a. is in possession valid passport (or equivalent document) an visa at the time of filing the application; b. does not belong to any class of excludible or deportable foreign nationals enumerated under Sections 29 and 37 of the Philippine Immigration Act of 1940; c. possesses the qualifications, skills, scientific, educational or technical knowledge which will advance and be beneficial to the national interest of the Philippines or has sufficient capital for a viable and sustainable investment in the Philippines; 2. Accomplished CGAF (BI Form CGAF-001-Rev 2); 3. Photocopy of passport bio-page and latest admission with valid authorized stay; 4. Proof of applicant’s special qualifications, skills of knowledge, or proof of financial capacity or investment, including but not limited to: a. Bank certification of inward remittance amounting to at least US$50,000.00 or equivalent in other foreign currency; b. Documents evidencing ownership/purchase of a condominium [condominium unit(s) acquired within four (4) years prior to inwardly remitted from foreign sources; c. Documents showing ownership of or investment in an existing corporation, enterprise or business concern [shares of stock or other equivalent proof of ownership in a corporation or business concern acquired within four (4) years prior of filing the application may be considered] with a corresponding proof that the amount he/she invested came or was inwardly remitted from foreign sources; 5. Stamp issued by the Bureau of Quarantine appearing in applicant’s passport or , if required, and a certification from a government health institution that the applicant is physically and mentally fit; 6. Valid National Bureau of Investigation (NBI) Clearance, if application is filed six (6) months or more from the date of first arrival in the Philippines; and 7. BI Clearance Certificate

Additional Requirements for EACH Dependent 1. Accomplished CGAF (BI Form CGAF-001-Rev 2); 2. Photocopy of passport bio-page and latest admission with valid authorized stay; 3. Proof of filiation with the applicant; 4. Stamp issued by the Bureau of Quarantine appearing in applicant’s passport or travel document, if required, and a certification from a government health institution that the applicant is physically and mentally fit; and 5. BI Clearance Certificate

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 31

Procedure: 1. Secure the Consolidated General Application Form (CGAF) from either at the Public Information and Assistance Unit (PIAU) at BI G/F Main Office or from the official BI Website. 2. Submit the documents for pre-screening to the Central Receiving Unit (CRU) or to the frontline officer or staff of other Immigration Offices able to process this transaction. 3. Get the Order of Payment Slip (OPS). 4. Pay the required fees. 5. Submit copy of Official Receipt. 6. Attend hearing. Please refer to the Official Receipt for the schedule and venue of the hearing and Image and Fingerprint Capturing. 7. Proceed to Image and Fingerprint Capturing Counter of the Alien Registration Division (ARD) and submit requirements for ACR I-Card application 8. Check website if visa application is already approved. 9. If approved, submit passport for visa implementation. 10. If ACR I-Card is approved, claim ACR I-Card.

Fees:

PRINCIPAL DEP-SPOUSE DEP-B16 DEP-B14 Php 18,830.00 Php 18,830.00 Php 18,580.00 Php 18,080.00 Additional Fee for ACR I-Card 1 Year - + US $50

*Fees are updated as of 06 March 2014 and may change without prior notice.

Source: http://immigration.gov.ph/visa-requirements/immigrant-visa/quota-visa Checklist: http://immigration.gov.ph/images/FORMS/18Dec2015/BI%20FORM%20V-I-001-Rev%20.1.1pdf.pdf Application Forms: http://immigration.gov.ph/images/FORMS/18Dec2015/BI%20FORM%20CGAF-001- Rev%202.1.pdf

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 32

PERSONAL TAX IDENTIFICATION NUMBER (TIN) Tax Identification Number (TIN) for Self-Employed and Mixed Income Individuals Application for Registration for Self-Employed and Mixed Income Individuals, Non-Resident Alien Engaged in Trade/Business, Estates/Trusts

Office: Bureau of Internal Revenue (BIR)

Documentary Requirements

1. BIR Form No. 1901 2. Any identification issued by an authorized government body (e.g. Birth Certificate, passport, driver’s license, Community Tax Certificate) that shows the name, address and birthdate of the applicant; 3. Photocopy of Mayor’s Business Permit; or Duly received Application for Mayor’s Business Permit, if the former is still in process with the LGU; and/or Professional Tax Receipt/Occupational Tax Receipt issued by the LGU [For Professionals where PTR is not required (i.e. Consultants, Agents, Artist, Underwriters & the like)]; or DTI Certificate; 4. Proof of Payment of Annual Registration Fee (ARF) (if with existing TIN or applicable after TIN issuance); 5. BIR Form No. 1906; 6. Final & clear sample of Principal Receipts/ Invoices; 7. Other documents for submission only if applicable: a. Special Power of Attorney (SPA) and ID of authorized person, in case of authorized representative who will transact with the Bureau; b. Franchise Documents (e.g. Certificate of Public Convenience) (for Common Carrier); c. Photocopy of the Trust Agreement (for Trusts); d. Photocopy of the Death Certificate of the deceased (for Estate under judicial settlement); e. Certificate of Authority, if Barangay Micro Business Enterprises (BMBE) registered entity; f. Proof of Registration/Permit to Operate BOI/BOI-ARMM, PEZA, BCDA and SBMA

Procedure

1. Accomplish BIR Form 1901 and 1906 and submit the same together with the documentary requirements with the New Business Registrant Counter of the RDO having jurisdiction over the place where the head office and branch, respectively. 2. Pay the Annual Registration Fee (P500.00) and/or payment for the BIR Printed Receipt/Invoice (if taxpayer opted to buy for use) at the New Business Registrant Counter in the BIR Office. 3. The RDO shall then issue the Certificate of Registration (Form 2303) together with the “Ask for Receipt” notice, Authority to Print, BIR Printed Receipt/Invoice (if applicable) and eReceipt as proof of payment.

Note: Taxpayer may attend the scheduled initial briefing for new business registrants to be conducted by the concerned RDO in order to apprise them of their rights and duties/responsibilities.

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VISA, EMPLOYMENT PERMITS, AND ALIEN REGISTRATION 33

Tax Identification Number (TIN) for Persons Registering Under E.O. 98 Application for Registration for One-Time Taxpayer and Persons Registering under E.O. 98 to be able to transact with any Government Office.

Office: Bureau of Internal Revenue (BIR)

Documentary Requirements

• Individual 1) Any identification issued by an authorized government body (e.g. Birth Certificate, passport, driver’s license, Community Tax Certificate) that shows the name, address and birthdate of the applicant; 2) Passport (in case of non-resident alien not engaged in trade or business); 3) Marriage Contract, if the applicant is a married woman;

• Non-Individual 1) Document to support transaction between a non-resident foreign corporation and the withholding agent (e.g. bank certification, invoice, contract, etc.).

Procedure

Accomplish BIR Form 1904 and submit the same together with the documentary requirements to the RDO having jurisdiction over the residence of the applicant.

Deadlines

Application shall be accomplished and filed before transacting with any government agencies or instrumentalities.

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 34

BUSINESS ENTERPRISE REGISTRATION AND LICENSING In order to validly transact business in the Philippines, business entities should first be registered with the appropriate government agencies.

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 35

SECURITIES AND EXCHANGE COMMISSION (SEC) Source: SEC 2018 Citizens Charter (http://www.sec.gov.ph/wp-content/uploads/2015/07/2018-CITIZENS-CHARTER-as-of-20180723.pdf)

CERTIFICATIONS ISSUED BY SEC UPON REGISTRATION

Incorporation of Stock or Non-Stock Certificate of Incorporation Corporation

Formation of Partnership Certificate of Recording

Establishment of Foreign Branch or License to Do Business in the Representative office, Regional Philippines Headquarters or Regional Operating Headquarters

Schedule of Availability of Service:

• Online Application (24 hours a day, 7 days a week) • Submission of Physical Documents o Monday 8:30 AM to 5:00 PM, no noon break o Tuesday to Friday 8:00 AM to 5:00 PM, no noon break

Requirements:

Three (3) sets of the following (at least 2 originals, in A4 size bond paper)

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 36

Registration of Corporations through the Company Registration System A corporation is a juridical person created by operation of law and registered with the Securities and Exchange Commission. A corporation can either be stock or non-stock company regardless of nationality. Such company, if 60% Filipino and 40% foreign-owned, is considered a Filipino corporation. If more than 40% foreign-owned, it is considered a domestic foreign-owned corporation.

Procedure:

1. Online Registration / Application a. Create an account in the Company Registration System (CRS) at crs.sec.gov.ph b. Verify the created account through email c. Verify proposed company name; trade/business names i. Online name verification ii. Online appeal of rejected names by uploading supporting documents for appeal d. Encode data for registration documents e. Upload CRS-Generated or CRS Non-Generated documents f. CRMD Processor evaluates uploaded documents for registration 2. Payment a. Receive notification through e-mail and CRS accounts i. If for compliance, open compliance section in CRS ii. If for payment, print the Order of Payment (of payment is through SEC Cashier, proceed to CRMD for the issuance of Payment Assessment Form) b. Pay the filing fee online with Landbank, GCash, and on collection with Landbank, or SEC c. CRMD Receiving Staff will tag the application as “Received” if documentary requirements were uploaded correctly and completely. If not, it will be tagged as “Suspended” 3. Upload proof of payment of filing fee (Not required if payment is online) and signed and notarized documents 4. Submit hard copies of uploaded documents at CRMD Receiving Unit 5. Processing a. CRMD Approver’s Staff generates Certificate of Registration b. CRMD Director/Approver signs the Certificate of Registration c. Client receives e-mail alert on the release of Certificate 6. Issuance of the Certificate of Registration and Unified Registration Record (URR)

Processing Period:

• Three (3) working days from receipt of hard copies of documents with proof of payment for CRS-generated forms • Seven (7) working days from receipt of hard copies of documents with proof of payment for Non-CRS forms • Twenty (20) working days from receipt of hard copies of documents with proof of payment for CRS and Non -CRS generated forms but payment for subscription is non- cash

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 37

• Twenty (20) working days from receipt of hard copies of documents with proof of payment for registration with secondary license

Stock Corporation A corporation with authorized capital stock dividend into shares of stock either with or without par value. A stock corporation is engaged in income generating activities and is authorized to declare dividends.

Documentary Requirements 1. Cover Sheet* 2. Articles of Incorporation (AI)* 3. Treasurer’s Affidavit* 4) By-laws (BL)* 4. Other Requirements, if applicable a. Foreign Investments Acts (F-100) Application Form* b. Joint Affidavit of Undertaking to Change Name, in case not incorporated in the Articles of Incorporation c. Affidavit of Relinquishment (in case Treasurer-in-Trust is a foreigner for a corporation with a partly nationalized business activity) d. Authenticated Articles of Incorporation and By-Laws and supporting documents, in case any of the incorporator/s or authorized signatories signed the AI-BL or other documents in a foreign country e. Endorsement/Clearance from other government agencies f. Endorsement/Clearance from other Department/s of the SEC g. Endorsement/Clearance from i. Philippine Economic Zone Authority (PEZA); ii. Subic Bay Metropolitan Authority (SBMA) or Clark Development Corporation (CDC) iii. Cagayan Economic Zone Authority h. Tax Identification Numbers (TIN) for Filipino incorporators, directors, and stockholders, including corporate subscribers i. Tax Identification Numbers (TIN) or Passport Numbers for foreign incorporators, and directors j. Proof of Existence of foreign corporate subscribers *CRS in-Form

Filing Fees

1. Articles of Incorporation a. Stock corporation with par value – 1/5 of 1% of the authorized capital stock or the subscription price of the subscribed capital stock, whichever is higher but not less than PhP2,000.00 b. Stock corporation without par value – 1/5 of 1% of the authorized capital stock computed at P100 per share of the subscription price of the subscribed capital stock, whichever is higher but not less than PhP2,000.00 2. By-laws—PhP1,000.00 3. Legal Research Fee—1% of the Total Amount of the Filing Fee for the Articles of Incorporation and By-laws but not less than PhP20.00 4. Reservation of Name—PhP100.00 for the corporate name and P100 per trade name, if applicable

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 38

5. License Fee—1/10 of 1% of the Paid-up Capital Non-Stock, Non-Profit Corporation A corporation with no authorized capital stock. It is organized for charitable, religious, educational, professiona, cultural, fraternal, literary, scientific, social civil service, or similar purposes, like trade, industry, agricultural and like chambers, or any combinations thereof.

Documentary Requirements

1. Cover Sheet* 2. Articles of Incorporation (AI)* 3. By-Laws (BL)* 4. Other Requirements, if applicable a. Joint Affidavit of Undertaking to Change Name, in case not incorporated in the Articles of Incorporation b. List of names of contributors or donors and the amounts contributed or donated, certified by the Treasurer (not required if this is already stated in the Articles of Incorporation). There is no fixed amount of contribution required but only such amount as the incorporators and trustees may deem sufficient to enable the corporation to start operation, except in the case of a Foundation which must have a minimum contribution of at least One Million Pesos (P1,000,000.00) Cash c. Endorsement/clearance from other government agencies d. For a Foundation: i. Notarized Certificate of Bank Deposit of the contribution, which shall not be less than One Million Pesos (P1,000,000,00); and ii. Statement of Willingness to allow the Commission to conduct an audit e. For a Religious Corporation: a) Refer to Sections 109-116 of the Corporation Code; b) An affidavit of Affirmation or Verification by the chief priest, rabbi, minister or presiding elder (not required if this is already part of the Articles of Incorporation) f. For a Federation: List of Member-Associations, certified by the Corporate Secretary g. For a Condominium corporation/association: a) Master Deed with primary entry of the Register of Deeds; b) Certification that there is no other existing similar condominium association within the condominium project h. Tax Identification Numbers (TIN) for Filipino incorporators, trustees, and members i. Tax Identification Numbers (TIN) or Passport Numbers for foreign incorporators, trustees, and members

*CRS In-Form

Filing Fees

1. Articles of Incorporation—P1,000 2. By-laws—P1,000 3. Legal Research Fee—P20 4. Reservation of Name—P100 for the corporate name and P100 per trade name, if applicable

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 39

5. Registration of Membership Book—P75.00

Application for Licensing of Lending Companies

Documentary Requirements: 1. All documents required for registration as a corporation 2. Cover Sheet* 3. Application Form 4. Information sheet of registrant company 5. Notarized Bank Certificate of Deposit of the Paid-up Capital 6. For Filipino Directors and Officers: Clearance from the National Bureau of Investigation (NBI) 7. Other requirements, if applicable: a. Manual on Anti-Money Laundering: i. If foreign participation in voting stock is more than 40%; or ii. If total assets is PhP10M or more b. Manual on Corporate Governance i. If foreign participation in voting stock is more than 40%; or ii. If total assets is PhP50M or more -If commercial paper issuer, either exempt or registered iii. Board Resolution on the Adoption of the Manual/s (Certified by the Corporate Secretary) iv. Photocopy of Alien Certificate of Registration or Immigration Certificate of Registration, for foreign directors and officers v. Photocopy of passport showing valid visa or stay in the Philippines, for foreign directors and officers vi. Clearance from the Bureau of Immigration (BI), for foreign directors and officers

*CRS In-Form

Filing Fees: 1. Articles of Incorporation a. Stock corporation with par value – 1/5 of 1% of the authorized capital stock or the subscription price of the subscribed capital stock, whichever is higher but not less than PhP2,000.00 b. Stock corporation without par value – 1/5 of 1% of the authorized capital stock computed at PhP100.00 per share of the subscription price of the subscribed capital stock, whichever is higher but not less than PhP2,000.00 2. By-laws—PhP1,000.00 3. Legal Research Fee—1% of the Total Amount of the Filing Fee for the Articles of Incorporation and By-laws but not less than PhP20.00 4. Reservation of Name—PhP100.00 for the corporate name and P100 per trade name, if applicable 5. License Fee—1/10 of 1% of the Paid-up Capital

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 40

Application for Licensing of Financing Companies

Documentary Requirements: 1. All documents required for registration as a corporation 2. Cover Sheet* 3. Application Form 4. Information sheet of registrant company 5. Notarized Bank Certificate of Deposit of the Paid-up Capital 6. Format of Disclosure Statement on Loan/Credit Transactions 7. For Filipino Directors and Officers: Clearance from the National Bureau of Investigation (NBI) 8. Other requirements, if applicable: a. Manual on Anti-Money Laundering: i. If foreign participation in voting stock is more than 40%; or ii. If total assets is PhP10M or more b. Manual on Corporate Governance i. If foreign participation in voting stock is more than 40%; or ii. If total assets is PhP50M or more iii. If commercial paper issuer, either exempt or registered c. Board Resolution on the Adoption of the Manual/s (Certified by the Corporate Secretary) d. Photocopy of Alien Certificate of Registration or Immigration Certificate of Registration, for foreign directors and officers e. Photocopy of passport showing valid visa or stay in the Philippines, for foreign directors and officers f. Clearance from the Bureau of Immigration (BI), for foreign directors and officers g. Clearance from the Bangko Sentral ng Pilipinas, if the applicant is a subsidiary or affiliate of a bank acnd/or non-bank financial institution with quasi-banking license

*CRS In-Form

Filing Fee:

1. Articles of Incorporation a. Stock corporation with par value – 1/5 of 1% of the authorized capital stock or the subscription price of the subscribed capital stock, whichever is higher but not less than PhP2,000.00 b. Stock corporation without par value – 1/5 of 1% of the authorized capital stock computed at PhP100.00 per share of the subscription price of the subscribed capital stock, whichever is higher but not less than PhP2,000.00 2. By-laws—PhP1,000.00 3. Legal Research Fee—1% of the Total Amount of the Filing Fee for the Articles of Incorporation and By-laws but not less than PhP20.00 4. Reservation of Name—PhP100.00 for the corporate name and P100 per trade name, if applicable 5. License Fee—1/10 of 1% of the Paid-up Capital

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 41

Registration of Corporations with Less than Five (5) Shareholders Corporations with less than five (5) shareholders, including One Person Corporations, must register with the SEC through manual registration at the Ground Floor, Secretariat Bldg., PICC Complex, Roxas Boulevard Pasay City.

Documentary Requirements

1. Cover Sheet 2. Articles of Incorporation (AI) 3. Treasurer’s Affidavit, and By-laws (if Applicable) 4. Other Requirements, if applicable a. Foreign Investments Acts (F-100) Application Form b. Joint Affidavit of Undertaking to Change Name, in case not incorporated in the Articles of Incorporation c. Affidavit of Relinquishment (in case Treasurer-in-Trust is a foreigner for a corporation with a partly nationalized business activity) d. Authenticated Articles of Incorporation and By-Laws and supporting documents, in case any of the incorporator/s or authorized signatories signed the AI-BL or other documents in a foreign country e. Endorsement/Clearance from other government agencies f. Endorsement/Clearance from other Department/s of the SEC g. Endorsement/Clearance from i. Philippine Economic Zone Authority (PEZA); ii. Subic Bay Metropolitan Authority (SBMA) or Clark Development Corporation (CDC) iii. Cagayan Economic Zone Authority h. Tax Identification Numbers (TIN) for Filipino incorporators, directors, and stockholders, including corporate subscribers i. Tax Identification Numbers (TIN) or Passport Numbers for foreign incorporators, and directors j. Proof of Existence of foreign corporate subscribers

Process

STEP/ APPLICANT/CLIENT SERVICE PROVIDER FEES DURATION

1 Verify or reserve proposed If proposed name is allowed P100.00 name by the system, the /reservation for reservation and confirmation 30 days; notice is printed and given to the applicant;

2 Present valid Name Check the document Filing fee for Reservation and presented. If complete, stock Confirmation with the advise the registrant to pay corporation: Articles of Incorporation and the filing fee. 1/5 of 1% of the By-Laws at the Green Lane authorized Unit Registration Division. If not, advise applicant to capital stock but comply with requirements not less than P2,000.00 plus

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 42

1% of the amount as legal research fee; Registration fee for By-Laws of stock corporation is P1,010.00

MC#3 s.2017

3 Pay Filing Fee and Name After receipt of application, None Reservation Fee at the CPRD staff generates the Cashier Certificate of Incorporation bearing applicant`s SEC registration no. and Unified Registration Report (URR)

4 Present Official Receipt to Asst. Director reviews the None Releasing Unit application and forwards it for approval of CRMD Director.

Processing Period

Name Reservation – Three (3) Working Days Issuance of SEC Certificate of Registration – 20 Working Days

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 43

Registration of Partnerships through the Company Registration System Article 1767 of the Civil Code defines a partnership as two or more persons bind themselves to contribute money or industry to a common fund, with the intention of dividing the profit among themselves.

Documentary Requirements:

1. Cover Sheet* 2. Articles of Partnership* 3. Other Requirements, if applicable: a. Foreign Investments Act (F-102) Application Form * b. Joint Affidavit of Undertaking to Change Name, in case not incorporated in the Articles of Partnership c. Endorsement/Clearance from other government agencies d. Endorsement/Clearance from other Department/s of the SEC e. Tax Identification Numbers (TIN) for Filipino Partners f. Tax Identification Numbers (TIN) or Passport Numbers for foreign partners

*CRS In-Form

Procedure:

1. Online Registration / Application a. Create an account in the Company Registration System (CRS) at crs.sec.gov.ph b. Verify the created account through email c. Verify proposed company name; trade/business names i. Online name verification ii. Online appeal of rejected names by uploading supporting documents for appeal d. Encode data for registration documents e. Upload CRS-Generated or CRS Non-Generated documents f. CRMD Processor evaluates uploaded documents for registration 2. Payment a. Receive notification through e-mail and CRS accounts i. If for compliance, open compliance section in CRS ii. If for payment, print the Order of Payment (of payment is through SEC Cashier, proceed to CRMD for the issuance of Payment Assessment Form) b. Pay the filing fee online with Landbank, GCash, and on collection with Landbank, or SEC c. CRMD Receiving Staff will tag the application as “Received” if documentary requirements were uploaded correctly and completely. If not, it will be tagged as “Suspended” 3. Upload proof of payment of filing fee (Not required if payment is online) and signed and notarized documents 4. Submit hard copies of uploaded documents at CRMD Receiving Unit 5. Processing a. CRMD Approver’s Staff generates Certificate of Registration b. CRMD Director/Approver signs the Certificate of Registration c. Client receives e-mail alert on the release of Certificate 6. Issuance of the Certificate of Registration and Unified Registration Record (URR)

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 44

Filing Fees:

1. Articles of Partnership—1/5 of 1% of the partnership’s capital but not less than PhP2,000.00 2. Legal Research Fee (LRF): 1% of the Registration/Filing Fee but not less than Twenty Pesos (PhP20.00) 3. Reservation of Name—PhP100.00 for the partnership name and P100 per trade name, if applicable 4. FIA Application—PhP3,000.00

Processing Period:

Three (3) working days from receipt of hard copies of documents with proof of payment

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 45

Licensing of Foreign Corporations through the Company Registration System (CRS) A foreign corporation is formed, organized or existing under any laws other than those of the Philippines and whose laws allow Filipino citizens and corporations to do business in its own country or state. It shall have the right to transact business in this country in accordance with this Code and a certificate of authority from the appropriate government agency. (Section 123, CCP)

Procedure:

1. Online Registration / Application a. Create an account in the Company Registration System (CRS) at crs.sec.gov.ph b. Verify the created account through email c. Verify proposed company name; trade/business names i. Online name verification ii. Online appeal of rejected names by uploading supporting documents for appeal d. Encode data for registration documents e. Upload CRS-Generated or CRS Non-Generated documents f. CRMD Processor evaluates uploaded documents for registration 2. Payment a. Receive notification through e-mail and CRS accounts i. If for compliance, open compliance section in CRS ii. If for payment, print the Order of Payment (of payment is through SEC Cashier, proceed to CRMD for the issuance of Payment Assessment Form) b. Pay the filing fee online with Landbank, GCash, and on collection with Landbank, or SEC c. CRMD Receiving Staff will tag the application as “Received” if documentary requirements were uploaded correctly and completely. If not, it will be tagged as “Suspended” 3. Upload proof of payment of filing fee (Not required if payment is online) and signed and notarized documents 4. Submit hard copies of uploaded documents at CRMD Receiving Unit 5. Processing a. CRMD Approver’s Staff generates License to Transact Business in the Philippines b. CRMD Director/Approver signs the License c. Client receives e-mail alert on the release of the license 6. Issuance of the License and Unified Registration Record (URR)

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 46

Processing Period:

Twenty (20) working days from receipt of hard copies of documents with proof of payment

Fees:

• PhP100.00 /reservation for 30 days; • Branch Office - 1% of the actual inward remittance of the corporation converted into Philippine currency but not less than P3,000.00 • Representative Office - 1/10 OF 1% of the actual inward remittance of the corporation converted in Philippine currency but not less than P2,000.00 • Area or Regional Headquarters - P5,000.00 • Regional Operating Headquarters - 1% of the actual remittance but not less than 1% of peso equivalent of US$200,000 at the time of remittance • Foreign Non-Stock - P3,000.00

Note: In addition to the registration fee, there shall be a Legal Research Fee equivalent to one percent (1%) of the Filing Fee but not less than P10.00

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 47

Branch Office / Representative Office A Branch Office is a foreign company that carries out the business activities of the head office and derives income from the host country; (IRR of Republic Act No. 7042,Foreign Investment Act of 1991)

A Representative Office deals directly with the clients of the parent company but does not derive income from the host country and is fully subsidized by its head office. It undertakes activities such as but not limited to information dissemination and promotion of the company's product as well as quality control of products. (IRR of Republic Act No. 7042, Foreign Investment Act of 1991).

Documentary Requirements:

1. Cover sheet*

2. Application Form a. F-103 for Stock Branch Office (SBO) b. F-104 – Stock Representative Office (SRO) c. F-108 – Non-Stock Branch and Representative Office, including Foundations (NBO & NRO)

3. Authenticated copy of the Board Resolution a. Authorizing the establishment of the Branch/Representative Office in the Philippines; b. Designating the Resident Agent to whom summons and other legal processes may be served in behalf of the foreign corporation; and c. Stipulating that in the absence of such Agent or upon cessation of its business in the Philippines, any summons or legal processes may be served to SEC as if the same is made upon the corporation at its home office

4. Authenticated copy of the Articles of Incorporation/Partnership with an English translation thereof if in foreign language other than English

5. Financial Statements (per MC 11 of 2013)

a. For those whose home country requires Audited Financial Statements, the applicant shall submit financial statements: i. For the immediately preceding year at the time of filing of application ii. Audited by an independent Certified Public Accountant of the home country iii. Authenticated before the Philippine Consulate/Embassy

If the date of the AFS exceeds the one-year requirement, the applicant shall submit i. Authenticated Audited Financial Statements that are available as of date of filing and application; and ii. Authenticated Unaudited Financial Statements (AUFS) as if date bit exceeding one (1) year immediately prior to the filing of the application signed by an officer of the foreign corporation.

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 48

b. For those whose country does not require Audited Financial Statements, the applicant shall submit: i. Authenticated Unaudited Financial Statements as of the date not exceeding one (1) year immediately prior to the filing of the application; and ii. Authenticated Certification signed under oath by an officer of a responsible regulatory institution or by the applicant’s legal counsel that the applicant is not required to prepare and submit audited financial statements, with citation of the law or regulation on which it is based.

6. Compliance with Financial ratios a. Stock Branch Office

Ratio Formula Benchmark Value Solvency Total assets/total liabilities 1:1 Liquidity Current assets/current liabilities 1:1 Debt to equity Total liabilities/equity 3:1

b. Stock Representative Office / Non-Stock Branch and Representative Office

Ratio Formula Benchmark Value Solvency Total assets/total liabilities 1:1

Notes: • If Solvency Ratio is not within the Benchmark Value: application is rejected) • If Liquidity Ratio and/or Debt to Equity Ratio is/are not within the Benchmark Value/s: Submit PhP1M Surety Bond

7. Notarized proof of Inward Remittance such as bank certificate of inward remittance or credit advances

8. Other requirements, if applicable: a. Affidavit of undertaking to change corporate name (not required if already stated in the Application form b. Resident Agent’s acceptance of appointment (not required if Resident Agent is the signatory in the Application Form) c. Indorsement/clearance from appropriate government agencies d. For Foundations, Notarized Certificate of Bank Deposit of the amount less than PhP1M and Statement of willingness to allow the Commission to conduct an audit

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 49

Regional Headquarters (RHQs) A Regional Headquarters (RHQ) undertakes activities that shall be limited to acting as supervisory, communication and coordinating center for its subsidiaries, affiliates and branches in the Asia-Pacific region. It acts as an administrative branch of a multinational company engaged in international trade. It does not derive income from sources within the Philippines and does not participate in any manner in the management of any subsidiary or branch office it might have in the Philippines.

Incentives:

• Exemption from corporate income tax; • Exemption from branch profits remittance tax; • Exemption from value-added tax; • Sale or lease of goods and property, and services to the RHQ are zero-rated; • Exemption from all kinds of local taxes, fees or charges imposed by a local government unit, except real property tax on land improvements and equipment; • Tax and duty free importation of equipment and materials for training and conferences needed and solely used for the RHQ functions, and which are not locally available, subject to prior BOI approval; • Importation of brand new motor vehicle but subject to payment of taxes and duties.

Documentary Requirements:

1. Cover sheet; 2. Application Form; 3. Certification from the Philippine Consulate/Embassy or the Philippine Commercial Attaché or from the equivalent office of the Philippine DTI in the applicant's home country that said foreign firm is an entity engaged in international trade with affiliates, subsidiaries or branch offices in the Asia Pacific Region and other foreign markets; in case the Certification is issued by the equivalent office of the DTI, the same shall be authenticated by the Philippine Consulate/Embassy; 4. Authenticated Certification from principal officer of the foreign entity to the effect that the said foreign entity has been authorized by its board of directors or governing body to establish its RHQ/ROHQ; 5. Endorsement of the Board of Investments (BOI); 6. Other requirements, if applicable: a. Affidavit of undertaking to change corporate name if not stated in the AF; b. Endorsement/Clearance from appropriate government agencies

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 50

Regional Operating Headquarters (ROHQs) A Regional Operating Headquarters (ROHQ) is a foreign business entity which is allowed to derive income in the Philippines by performing qualifying services to its affiliates, subsidiaries or branches in the Philippines, in the Asia-Pacific Region and other foreign markets (R.A. No. 8756, Nov. 23, 1999).

ROHQs may engage in the following activities:

• General administration and planning • Business planning and coordination • Sourcing/procurement of raw materials component • Corporate finance advisory services • Marketing control and sales promotion • Training and personnel management • Logistics services • Research and development services and product development • Technical support and maintenance • Data Processing and communications • Business development

Incentives:

• Subject to preferential income tax rate of 10% on taxable income; • Exemption from all kinds of local taxes, fees or charges imposed by a local government unit, except real property on land improvements and equipment; • Tax and duty free importation of equipment and materials for training and conferences needed and solely used for the ROHQ functions, and which are not locally available, subject to prior Board of Investments (BOI) approval; • Importation of brand new motor vehicle but subject to payment of taxes and duties. • ROHQ is allowed to offer qualifying services only to its affiliates, branches or subsidiaries as declared in its registration with the Securities and Exchange Commission (SEC). It is not allowed to directly and indirectly solicit or market goods and services whether on behalf of their mother company, branches, affiliates, subsidiaries or any other company. • Incentives for Expatriates o Multiple Entry Visa: ▪ Expatriates, including spouse and unmarried children below 21 years old will be issued this type of visa; ▪ Non-immigrant visa will be processed within 72 hours from submission of documents to the Bureau of Immigration; ▪ Validity period of 3 years extendible for another 3 years; ▪ Exemption from payment of fees except reasonable administrative costs; ▪ Exemption from securing Alien Certificate of Registration; o Withholding tax of 15% on compensation income applicable to both alien and Filipino executives holding managerial and technical positions; o Tax and duty free importation of used household goods and personal effects; o Travel tax exemption for personnel and their dependents.

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 51

Documentary Requirements:

1. Cover sheet; 2. Application Form; 3. Certification from the Philippine Consulate/Embassy or the Philippine Commercial Attaché or from the equivalent office of the Philippine DTI in the applicant's home country that said foreign firm is an entity engaged in international trade with affiliates, subsidiaries or branch offices in the Asia Pacific Region and other foreign markets; in case the Certification is issued by the equivalent office of the DTI, the same shall be authenticated by the Philippine Consulate/Embassy; 4. Authenticated Certification from principal officer of the foreign entity to the effect that the said foreign entity has been authorized by its board of directors or governing body to establish its RHQ/ROHQ; 5. Endorsement of the Board of Investments (BOI); 6. Other requirements, if applicable: a. Affidavit of undertaking to change corporate name if not stated in the AF; b. Endorsement/Clearance from appropriate government agencies

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 52

DEPARTMENT OF TRADE AND INDUSTRY (DTI) Business Name Registration Certificate The DTI administers the registration of business names for sole proprietorship. Business Name Registration (BNR) is compulsory and must be completed prior the commencement of business operations.

Documentary Requirements: 1. Applicant must be at least 18-years old 2. One (1) duly filled-out Application Form signed by the applicant of the BNR 3. One (1) valid government-issued ID 4. Additional requirements for non-Philippine national: a. Applicant must be at least 18 years old (where the laws of the home country of the authorized non-Philippine national provides for the legal or contract age lower than 18 years, said authorized non-Philippine national shall submit proof thereof) b. Clear certified copy of the Alien Certificate of Registration c. Certificate of Registration for Sole Proprietorship/Certificate of Authority to engage in business in the Philippines issued by the concerned DTI Office per Republic Act No. 7042 (Foreign Investment Act) as amended by Republic Act No. 8179, Republic Act No. 8762 (Retail Trade Liberalization Law) or such other applicable laws, as the case may be 5. Additional requirement for refugee/stateless persons: a. Clear certified copy of the Certificate of Recognition issued by the Department of Justice – Refugee and Stateless Person Protection Unit (DOJ-RSPPU) showing that the applicant is recognized as a refugee/stateless person or presentation of the original Certificate of Recognition and submission of a duplicate copy thereof 6. Additional requirements if filer is other than the owner a. Authorization letter from the owner b. Valid ID of the authorized representative

For online applications:

A signed application form is no longer required since the accomplished online application is equivalent to the duly-accomplished physical application form. The online application for BN registration is subject to the Terms and Conditions set forth under the Rules and by clicking the “I Agree” button, the applicant is deemed to have understood and accepted all such Terms and Conditions including the mandatory undertakings as posted on the web- enabled BN registration system.

Online applications filed by non-Philippine nationals, refugees and stateless persons shall be acted upon submission of the abovementioned supporting documentary requirements.

For Renewal of Registration: Same requirements as that for new application

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Offices: DTI Regional and Provincial Offices, Negosyo Centers

General Procedure:

CLIENT STEPS AGENCY ACTIONS PROCESSING TIME PERSON Accomplish and Receive, verify and BN Processor or submit application process application Negosyo Center form form (NC) Business Upon submission of Counsellor, if completed through NC Pay registration fee Receive payment documents and Cashier/Special and issue official approval of Collecting Officer receipt application under (SCO) normal circumstances, If online application, estimated through online processing time is payment Claim Certificate of Print and issue fifteen (15) minutes BN Processor/NC BNR Certificate of BNR Business Counsellor, if through NC

Processing Period: Three (3) Working Days

Fees:

• Registration fee per territorial scheme o Barangay P 200.00 o City/Municipality P 500.00 o Regional P 1,000.00 o National P 2,000.00 • Documentary Stamp P 30.00 per application • Surcharge for Renewal Additional 50% of registration fee if filed within ninety- one (91) days to one hundred eighty days (180) days after the expiration date

Validity of Business Name Registration: Five (5) Years from date of registration. The application for renewal may be filed one hundred eighty (180) calendar days prior to its expiration up to 180 calendar days after the expiration date.

Sources: https://www.dti.gov.ph/transparencyseal/citizenscharter https://bnrs.dti.gov.ph/web/pbr/faq

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 54

Online Application for Business Name (BN) Registration

Procedure:

1. Access DTI’s e-Business Name Registration System (e-BNRS) Portal through https://bnrs.dti.gov.ph/; 2. Hover mouse to “Business Name Services” and choose “Registration;” 3. Accept Terms & Conditions 4. Business Name Registration. Fill all the required fields (*). a. Owner’s Information b. Business Name & Scope Identification i. The used has an opt to select a Proposed Business Name; ii. If the Proposed Business Name has passed all the validation, the proponent may continue the process; iii. If the Proposed Business Name has a “Failed” status, the user shall change the Dominant Name (or whatever is applicable) until the system accepts the proposed business name, else, the process will not continue; iv. By clicking “Next”, the system will prompt a summary. Click “Yes” to proceed, and then the Transaction Code for your transaction would be issued. c. Business Details Identification i. User must choose Filipino as Citizenship if he/she is a Filipino, else, choose other citizenship. ii. If the user is a Non-Filipino Citizen or a Refugee/Stateless Person, required files shall be uploaded. 5. User may download the Undertaking Form by clicking the “Download” button; 6. Pay corresponding fees based on the scope of your business: a. Online Payment - user can pay online using GCash - user must provide detail (Mobile Number where the payment will be billed) to process the payment. b. Teller/Cashier Payment – user can pay through teller/cashier in any DTI Authorized Office – By clicking the “Transact” button, the issuance of transaction code will prompt. The user must give his/her TC to an authorized Teller in DTI to process the payment. 7. TIN Application; and 8. Issuance of Business Registration

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 55

Business Name (BN) Registration for Walk-In Applicants

Schedule of Service Availability: Monday to Friday, 8:00AM-5:00PM

Offices: DTI Offices (Provincial/City/Area), NERBAC Regional/Provincial Office

Procedure:

Step Client’s Step Agency’s Action Person in Charge No. 1 Secure Application Provide Application Form Frontline Desk Form. Officer / Officer of the Day (Applicant can also download application Form from www.bnrs.dti.gov.ph) 2 Fill out Application BN Processor Form and proceed to BN Waiting Area.

3 Submit duly a. Receive Application Form. BN Processor accomplished b. Check completeness of Application Form Application Form. together with c. Verify proposed BN. supporting d. Encode information documents. in the database. e. Generate Transaction Reference Number (TRN) f. Encode the TRN to effect the documents submitted in the database. g. Return Application Form with TRN to applicant.

4 Present Application a. Receive payment together with Cashier/Special Form with TRN and Application Form and TRN Collecting Officer pay fees. b. Encode the TRN to effect (SCO) payment in database. -do- c. Print Official Receipt (OR). -do- d. Print BN Certificate of BN Processor Registration. e. Record in the logbook BN Processor / Designated Staff

5 Claim BN Certificate Release BN Certifcate of BN Processor/ of Registration. Registration. Designated Staff

END OF TRANSACTION

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BUSINESS ENTERPRISE REGISTRATION AND LICENSING 56

COOPERATIVE DEVELOPMENT AUTHORITY (CDA) Source: http://www.cda.gov.ph/index.php/transparency/transparency-seal/120-i-cda-mandate-powers-and- functions-citizen-s-charter-and-contact-information/c-citizen-s-charter (as of 2018)

Registration of Selected Types of Cooperatives

Documentary Requirements

1. Articles of Cooperation 2. By-Laws

Procedure

Stage 1

1. Client submits accomplished registration forms and other documents; 2. CDA conducts on-site validation and verification

Stage 2

1. CDA evaluates submitted Registration Documents; 2. CDA prepares and issues Statement of Account (SOA) and Order of Payment (OP); 3. Client pays corresponding registration fee at the CDA Cashier; 4. Client submits duplicate copy of Order of Payment and presents Official Receipt to Senior CDS for issuance of Certificate of Registration; and 5. Client receives Certificate of Registration

Processing Period: Ten (10) days and four (4) Hours

Initial Registration Fee:

1/10 of 1% of the authorized share capital or the basic fee below whichever is higher:

Regular Lane PhP 500.00 Primary Cooperative Express Lane PhP 1,000.00 Secondary Cooperative PhP2,000.00 Tertiary Cooperative PhP3,000.00 Laboratory Cooperative -

Reservation of Cooperative Name

Procedure

1. Client applies for cooperative name on-line through www.cda.gov.ph. Copy reservation number or print; 2. Client visits any CDA Office within 48 hours of reservation to pay corresponding fee; 3. CDA processes name application; 4. CDA prepares and issues Statement of Account (SOA) and Order of Payment (OP); 5. Client pays corresponding name reservation fee at CDA Cashier; 6. CDA issues Cooperative Name Reservation Notice (CNRN); and 7. Client receives the duly approved Cooperative Name Reservation Notice (CNRN) with CDA Seal

Processing Time: 40 minutes

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BUSINESS TAXATION 57

BUSINESS TAXATION Source: https://www.bir.gov.ph/index.php/registration-requirements/primary-registration/application-for- tin.html (as of 2019)

For taxation purposes, every business enterprise has to register with the Bureau of Internal Revenue (BIR) before the commencement of the business operation.

Issuance of BIR Certificate of Registration for Corporations/Partnerships

Office: Bureau of Internal Revenue (BIR)

Documentary Requirements

Corporations/Partnerships

• Photocopy of SEC Certificate of Incorporation; or Photocopy Certificate of Recording (in case of partnership); or Photocopy of License to Do Business in the Philippines (in case of foreign corporation); • Articles of Incorporation; or Articles of Partnerships • Photocopy of Mayor’s Business Permit; or Duly received Application for Mayor’s Business Permit, if the former is still in process with the LGU; • New sets of permanently bound books of accounts; • Proof of Payment of Annual Registration Fee (ARF)(not applicable to those exempt from the imposition of ARF); • BIR Form No. 1906; • Final & clear sample of Principal Receipts/ Invoices; • Other documents for submission only if applicable: o Board Resolution indicating the name of the authorized representative and Secretary’s Certificate, in case of authorized representative who will transact with the Bureau; o Franchise Documents (e.g. Certificate of Public Convenience) (for Common Carrier); o Memorandum of Agreement (for JOINT VENTURE) o Franchise Agreement; o Certificate of Authority, if Barangay Micro Business Enterprises (BMBE) registered entity; o Proof of Registration/Permit to Operate with BOI, BOI-ARMM, SBMA, BCDA, PEZA

Procedure

1. Accomplish BIR Form 1903 and 1906 and submit the same together with the documentary requirements with the New Business Registrant Counter of the RDO having jurisdiction over the place where the head office and branch, respectively. 2. Pay the following at the New Business Registrant Counter in the BIR Office. (i) Annual Registration Fee (P500.00); (ii) Documentary Stamp Tax (if applicable) (iii) BIR Printed Receipt/Invoice (if opted to buy for use) 3. The RDO shall then issue the Certificate of Registration (Form 2303) together with the “Ask for Receipt” notice, Authority to Print, BIR Printed Receipt/Invoice (if applicable) and eReceipt as proof of payment.

Note: Taxpayer may attend the scheduled initial briefing for new business registrants to be conducted by the concerned RDO in order to apprise them of their rights and duties / responsibilities.

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 58

NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 59

BANGKO SENTRAL NG PILIPINAS (BSP) Registration of Foreign Investments Source: http://www.bsp.gov.ph/downloads/regulations/attachments/2013/c818.pdf (Accessed as of 01 August 2019)

The Foreign Investment Act of 1991 (FIA) defines the term ‘foreign investment as an equity investment made by a non-Philippine national in the form of foreign exchange and/or assets actually transferred to the Philippines xxx.” (Section 3.c. of the FIA).

If the foreign exchange requirement needed to service the repatriation of capital and remittance of cash dividends/profits/earnings accruing on foreign investments will be sourced from authorized agent banks (AABs) or their affiliate/subsidiary foreign exchange corporations (AAB-foreign corps), registration of the foreign investment with the Bangko Sentral ng Pilipinas (BSP) is required.

Schedule of Availability of Service: Banking days, 9:00AM-4:30PM

Fee: No fees except for replacement of lost BSRDs at PHP2,000.00 per lost BSRD

Processing Time:

Foreign Direct Investments – five (5) to ten (10) banking days Foreign Investments in Money Market Instruments – two (2) to five (5) banking days

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 60

Application of Registration of Inward Foreign Investments and Other Investments (Procedures and Documentary Requirements)

For Registration with the BSP

1. Foreign Direct Investments (FDIs) FDIs are required by law to be registered with the SEC or the Bureau of Trade Regulation and Consumer Protection of the Department of Trade and Industry shall be extended to Bangko Sentral Registration Document (BSRD) upon endorsement by either agency and submission of required documents.

The application shall be filed directly with BSP, through the International Operations Department together with the following supporting documents:

a. For cash investments i. Certificate of Inward Remittance (CIR) of foreign exchange and its conversion to pesos through an AAB (except for investments in banks where conversion to pesos is not required) in the prescribed format (Sample CIR and Guide/Instructions for Filling-Out CIR Form available at BSP); and ii. Sworn certification of the officer of the investee firm concerned attesting to the number of shares issued and amount paid for the investment (BSP- suggested format). iii. Photocopy of SEC Certificate of Registration and Articles of Incorporation/Partnership and amendments thereto (if any) together with the latest General Information Sheet stamped received by SEC, if any; or DTI Business Name Registration Certificate for sole proprietorship

b. For investments in kind i. Shipping documents; ii. Bureau of Customs Import Entry and Internal Revenue Declaration (IEIRD); and iii. Sworn certification of the officer of the investee firm concerned attesting to the number of shares and amount paid for the investment (BSP- suggested format).

The value of investments in kind shall be assessed/appraised by the BSP before registration.

c. For investment in financial institutions that are supervised by the BSP, namely: banks and non-bank financial institutions performing quasi-banking functions i. Clearance from the Supervision and Examination Sector of the BSP, in addition to the documentary requirements for investments in cash or in kind

d. Investment in Condominium Units i. Copy of duly accomplished original Certificate of Remittance of foreign exchange;

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 61

ii. Condominium Certificate of Title in the name of the foreign investor, or copy of the Deed of Absolute Sale/Contract to Sell the condominium unit to the foreign investor; and iii. Certification from the owner/developer/administrator/property manager of the condominium attesting to compliance with the foreign ownership limitation under existing Philippine laws.

e. Registration as foreign investments in the form of capitalized oil/gas/geothermal energy exploration/development expenditures i. Government-approved service contract/other contract; and ii. Copy of the Department of Energy (DOE)/National Power Corporation (NPC) letter-validation of expenditures showing, among others, the distribution of validated expenditures among the partners (if more than one) under the service contract/other contract.

f. Investments funded by foreign loan/s and other payables/obligations converted into equity i. Original CIR of foreign exchange through an AAB in the prescribed format for foreign loans not registered with the BSP; or copy of BSP registration document (BSRD) for BSP registered foreign loans; ii. Sworn certification from investee firm’s authorized officer attesting: 1. to the number of shares issued, amount paid for the investment; and 2. that such investment was funded from foreign loans/payables/obligations converted to equity; iii. Deed of Assignment for the foreign loan or other payables; iv. Latest audited financial statements of investee firm; and v. Articles of Incorporation of the investee firm.

g. Stock and/or property dividends accruing on BSP-registered investments in non- PSE-listed firms i. Copy of BSRD; and ii. Sworn certification signed by the investee firm’s authorized officer on the declaration of the stock and/or property dividend, including relevant excerpts of the covering: (i) Stockholders’ and Board Resolutions for stock dividends; and (ii) Board Resolution for property dividends.

h. Stock splits/reverse stock splits on BSP-registered investments in non-PSE- listed firms i. Copy of BSRD; and ii. Sworn certification signed by the investee firm’s authorized officer declaring the stock split/reverse stock split, including relevant excerpts of the covering Stockholders’ and Board Resolution.

2. Investments in Other Peso-denominated Debt Instruments Investments in other peso-denominated debt instruments issued onshore by private resident firms (such as bonds/notes, bills payables, non-participating preferred shares, and not covered by Section 23 of the FX Manual)

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a. Original CIR of foreign exchange and its conversion to pesos through an AAB in the BSP- prescribed form; and b. Contract/Certificate of investment.

For bonds/notes issued by private domestic firms that were purchased from local banks, the following additional documents shall be required: a. Copies of bonds/notes; and b. Purchase Price Letter/Agreement;

For foreign investments in non-participating preferred shares, the following additional document/s shall be required

a. Purchase invoice or subscription agreement; and/or b. Proof of listing in the local stock exchange for new/additional issues/stock rights

3. Investment in bonds/notes converted into equity shares in PSE-listed companies a. Original CIR of foreign exchange issued by an AAB in the prescribed format for proceeds of foreign loans not registered with the BSP; or Copy of BSP registration for foreign loans registered with the BSP; b. Bond/Note Offering Circular for bonds/notes not registered with the BSP; c. Sworn certification from investee firm’s authorized officer attesting to the number of shares issued and amount paid for the investment and that such are funded from foreign loans/payables converted to equity; d. Notice of Bond Conversion from the Agent showing the amount of bonds converted, equivalent number of shares, conversion price and conversion date; e. Latest audited financial statements of investee firm; and f. Articles of Incorporation of the investee firm and latest Feneral Information Sheet submitted to SEC

4. Reinvestment of divestment/sales proceeds or dividends/profits/earnings pertaining to duly registered investments. (The documentary requirements are in lieu of the CIR and in addition to the required documentation listed above for each specific form/type of reinvestment)

For divestment/sales proceeds: a. Original BSRD (for FDIs and peso-denominated MMIs that were fully sold; if sale is partial, a copy of the BSRD shall suffice); b. Sworn certification signed by the original investee firm’s authorized officer attesting to the divestment/sale by the foreign investor; and c. Proof of divestment/sale for direct investment/s; or d. Matured contract/certificate of investment/proof of redemption for money market instruments.

For dividends/profits/earnings: a. Copy of BSRD; and b. Sworn certification signed by the investee firm’s authorized officer declaring the dividends or distribution of profits, including relevant excerpts of the covering Board Resolution; or c. Proof of interest/coupon payments for investment/s in money market instruments.

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 63

5. BSP-registered investments sold/transferred to another foreign investor if payment is made offshore in foreign exchange: a. Original BSRD; b. Sworn certification from the authorized officer of the investee firm, attesting to the sale/transfer in the books of the investee firm of the investments from the existing non-resident investor to the new investor; and c. Deed of Sale/Assignment

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 64

For Registration with Custodian Banks

Custodian banks designated by the foreign investors shall register, in behalf of the BSP, the following:

1. Non-resident investments in peso-denominated government securities, PSE-listed securities of Philippine residents, and peso time deposits with tenor of at least 90 days; and 2. Non-resident investments in PSE-listed equity securities issues by non-residents

The duplicate copy of the BSRD issued by custodian banks, together with the requisite supporting documents enumerated in this Appendix, shall be submitted to the BSP-IOD within two (2) banking days from date of Registration for post audit purposes. The original BSRD shall remain in the custody of the issuing custodian bank.

2. Investments in peso-denominated government securities (GS) a. Accredited dealer’s Confirmation of Sale (COS); b. Original CIR of foreign exchange and its conversion to pesos through an AAB in the prescribed format; and c. “Authority to Disclose Information” in the prescribed format of BSP. 3. Investments in PSE-listed securities of residents a. For New/Additional Investments: i. Purchase invoice or subscription agreement and/or proof of listing in the local stock exchange for new/additional issues/stock rights; and ii. Original CIR of foreign exchange and its conversion to pesos through an AAB in the BSP-prescribe format; iii. For annotation the BSRD of stock dividends which accrued to registered investments: PSE Notice (Circular for Brokers) announcing the stock dividend declaration b. For annotation on the BSRD of stock splits/reverse stock splits: PSE Notice (Circular for Brokers) announcing the stock split/reverse stock split 4. Investments in peso-time deposits with tenor of at least 90 days a. Certification of peso time deposit; b. Original CIR of foreign exchange and its conversion to pesos through an AAB in the BSP-prescribed format; and c. “Authority to Disclose Information” in the prescribed format 5. Non-resident investments in equities issued by non-residents previously listed in an international exchange and subsequently uplifted/transferred to PSE a. Proof of transfer of shares, e.g. certificate of lodgement with the Philippine Depository and Trust Corp. (PTDC), with details, including the following: number of shares transferred and par value of securities; b. For annotation on the BSRD of stock dividends which accrued to registered investments: PSE Notice (Circular for Brokers) announcing the stock dividends c. For annotation on the BSRD of stock splits/reverse stock splits: PSE Notice (Circular for Brokers) announcing the stock split/reverse stock split 6. Non-resident investments in PSE-listed equity securities issued by non-residents a. Original CIR of foreign exchange and its conversion to pesos through an AAB in the BSP-prescribed format; b. Purchase invoice or Subscription agreement and/or proof of listing at the PSE for new/additional issues/stock rights;

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c. For annotation on the BSRD of stock dividends which accrued to registered investments: PSE Notice (Circular for Brokers) announcing the stock dividends d. For annotation on the BSRD of stock splits/reverse stock splits: PSE Notice (Circular for Brokers) announcing the stock split/reverse stock split 7. Reinvestment of peso divestment/sales proceeds or dividents/profits/earnings of duly registered investments a. For divestment /sales proceeds: i. Original BSRD-Letter Advice; and ii. Proof of redemption of GS; or Broker’s sales invoice; or Matured Certificate of Peso time deposit, as applicable b. For dividends/profits/earnings: i. Original BSRD Letter ; and ii. PSE Notice (Circular for Brokers) announcing the issuance of cash dividend for PSE-listed securities; or proof of interest/coupon payments for investment/s in GS and peso time deposits

Note: All documents shall be accompanied by duly accomplished application for registration.

Surrender of BSRD

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Whenever the BSP-registered investments have been fully divested (redeemed/sold/withdrawn) by the foreign investor, the custodian bank shall surrender the original BSRD to the BSP for cancellation within two (2) banking days from date of full remittance of divestment proceeds.

INTELLECTUAL PROPERTY OFFICE (IPO) Source: https://www.ipophil.gov.ph https://drive.google.com/file/d/1McylilSPAxlDLCr6nrlrzZ2zxcyijq_G/view

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IPOPHL is the government agency mandated to administer and implement State policies on intellectual property (IP) to strengthen the protection of IP rights in the country.

Schedule of Availability of Service: 8:00AM-4:30PM

Note:

All fees and charges plus 1% Legal Research Fund (LRF) as required by R.A. 3870 as amended by P.D. Nos. 200 and 1856, except charges for domestic photocopy and sequence listings for invention patent applications in excess of 4,000 pages. For single filing where the fee is below Php 1,000.00, the LRF is automatically Php 10.00.

Patent Application An invention patent is a government-issued grant, bestowing an exclusive right to an inventor over a product or process that provides any technical solution to a problem in any field of human activity which is new, inventive, and industrially applicable.

Benefits

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A patent is an exclusive right that allows the inventor to exclude others from making, using, or selling the product of his invention during the life of the patent. Patent owners may also give permission to, or license, other parties to use their inventions on mutually agreed terms. Owners may also sell their invention rights to someone else, who then becomes the new owner of the patent.

Eligibility

The Intellectual Property Code of the Philippines sets three conditions for an invention to be deemed patentable: it has to be new, involves an inventive step, and industrially applicable.

In the IP Code, an invention is not considered new if it already forms part of the domain of prior art. An invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art at the time of the filing date or priority date of the application claiming the invention. An invention that can be produced and used in any industry is considered industrially applicable.

Term of Protection

The term of a patent shall be twenty (20) years from the filing date of the application. The patent must be maintained yearly, starting from the 5th year.

Documentary Requirements

Invention Application

1. Request Form for Grant of Patent (Triplicate copies) - 2 copies are considered 2. Name, address and signature of applicant(s); for non-resident applicant, the name and address of his/her/their resident agent 3. Description of the invention a. The title b. A brief statement of its nature and purposes c. Complete and detailed enabling description d. Distinct and explicit claim or claims of the invention which the applicant seeks to be protected – omnibus claim is also accepted e. Abstract of the invention 4. Drawings necessary for the understanding of the invention, if any a. Size A4 = 29.7 cm x 21 cm (substance 20) – any paper size is considered b. Imaginary margins: i. Top = 5.5 cm ii. Bottom = 1.0 cm iii. Left = 2.5 cm iv. Right = 1.5 cm – informal drawings are acceptable 5. If the priority of an earlier filed application is being claimed, indicate the filing date and country of origin only.

Utility Model

1. Request Form for a Registration of Utility Model (Triplicate Copies) – 2 copies are considered 2. Name, address and signature of applicant(s); for non-resident applicant, the name and address of his/her/their resident agent 3. Description of the utility model

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a. The title b. A brief statement of its nature and purposes c. Complete and detailed enabling description d. Distinct and explicit claim or claims of the invention which the applicant seeks to be protected e. Abstract of the utility model 4. Drawings necessary for the understanding of the utility model, if any a. Size A4 = 29.7 cm x 21 cm (substance 20) – any paper size are considered b. Imaginary margins: i. Top = 5.5 cm ii. Bottom = 1.0 cm iii. Left = 2.5 cm iv. Right = 1.5 cm – informal drawings are acceptable.

Industrial Design

1. Request Form for a Registration of Industrial Design (Triplicate Copies) -2 copies are considered 2. Name, address and signature of applicant(s); for non-resident applicant, the name and address of his/her/their resident agent 3. Description of the Industrial Design a. The title b. Brief explanation of the drawings c. Characteristic features, if any d. An omnibus claim for industrial design 4. Drawings and a “design” claim If only drawings are submitted and there is no specification and design claim, it is acceptable. a. Size A4 = 29.7 cm x 21 cm (substance 20) any paper size are considered b. Imaginary margins: i. Top = 5.5 cm ii. Bottom = 1.0 cm iii. Left = 2.5 cm iv. Right = 1.5 cm – informal drawings are acceptable

Procedure

1. Customers enters the building and secures visitor’s pass from the guard by providing a valid I.D. with picture and signs in the visitor’s logbook 2. Customer proceeds to the Receiving Section and hands the application to the Patent Duty Officer 3. Patent Duty Officer encodes the details in the Duty Officer Module

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4. The Duty Officer Module that the Patent Duty Officer uses issues an application number and the Patent Duty Officer writes the application number and stamps the date of receipt in the request form 5. Patent Duty Officer prints the acknowledgement receipt and Notice of Submission of Priority Document under Rule 38 for PCT application with priority claim/s and affixes signature 6. Patent Duty Officer forwards the acknowledgment receipt and notice (for PCT applications with priority claim) and documents to the Receiving Officer for stamping/validation of application 7. Receiving Officer stamps/validates the application 8. Customer receives documents from the Receiving Officer 9. Customer proceeds to get a queuing number from the guard and proceeds to cashier section the Cashier Section and gets a queuing number from the guard 10. Customer gives payment, SOA, and other documents to Cashier personnel 11. Cashier personnel validates SOA and documents filed by customer and prepares official receipt 12. Customer receives official receipt and validated SOA and documents from the Cashier Personnel

Processing time: 30 minutes

Fees

Big Small Invention Application PhP4,320.00 PhP2,000.00 Utility Model PhP3,600.00 PhP1,720.00 Industrial Design PhP3,600.00 PhP1,720.00

Application Form: https://drive.google.com/file/d/1Rq_lfuqpSKZUM6tTfEDNRVzdkLXXgAPg/view

Annuity Payments

Documentary Requirements 1. Request form for payment of annual fees (Triplicate copies) 2. Under R.A. 165 indicate the patent no., issued date, applicant/patentee and title of the invention, check and fill-up the details of payments. 3. Under 8293 indicate the patent no., filing date, publication date, applicant/patentee and title of the invention, check and fill-up the details of payments.

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Procedure 1. Customers enters the building and secures visitor’s pass from the guard by providing a valid I.D. with picture and signs in the visitor’s logbook 2. Customer proceeds to the Receiving Section and hands the request form for payment of annual fee to the Patent SOA Duty Officer 3. Patent SOA Duty Officer encodes the detail in the FMS (Fee Management System) 4. Patent SOA Duty Officer prints the prepares SOA and affixes signature 5. Customer receives the annuity form from the SOA Duty Officer 6. Customer gets a queuing number from the guard then proceeds to the Cashier Section 7. Cashier personnel validates SOA and the form of annuity payment and prepares official receipt 8. Customer receives official receipt and the copy of their form of annuity payment from the cashier personnel

Processing time: 10 minutes

Fees

Each payment starts from the 5th year and is paid yearly up to the 20th year

Big Small PhP3,240.00 PhP1,550.00 PhP4,320.00 PhP2,000.00 PhP5,400.00 PhP2,580.00 PhP6,480.00 PhP3,100.00 PhP8,640.00 PhP4,140.00 PhP10,800.00 PhP5,170.00 PhP13,920.00 PhP6,670.00 PhP17,280.00 PhP8,280.00 PhP20,400.00 PhP9,770.00 PhP24,480.00 PhP11,900.00 PhP29,160.00 PhP13,970.00 PhP33,360.00 PhP15,980.00 PhP37,680.00 PhP18,050.00 PhP45,240.00 PhP21,670.00 PhP54,360.00 PhP26,040.00 PhP65,160.00 PhP31,222.00

Annual Fee for each claim in excess of 5 (5th and 20th) due and payable at the same time as the applicable Annual Fee listed above

Big Small PhP420.00 PhP210.00 Trademark Application A trademark is a word, a group of words, sign, symbol, logo or a combination thereof that identifies and differentiates the source of the goods or services of one entity from those of others.

Benefits

A trademark protects a business’ brand identity in the marketplace.

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Registration of it gives the owner the exclusive rights to prevent others from using or exploiting the mark in any way.

Aside from being a source-identifier, differentiator, quality indicator, and an advertising device, a protective mark may also bring another stream of income to the owner through licensing or franchising.

Eligibility

Generally, the distinctiveness of the mark is the key point of consideration.

Term of Protection

The period of protection is ten (10) years from the date of issuance and is renewable for a period of ten (10) years at a time.

Documentary Requirements

1. Request for Trademark Registration 2. Name and address of the applicant 3. Name of a State in which the applicant is a national or where he has domicile; and the name of a State in which the applicant has a real and effective industrial or commercial establishment, if any 4. Where the applicant is a juridical entity, the law under which it is organized and existing 5. The appointment of an agent or representative, if an applicant is not domiciled in the Philippines 6. Where the applicant claims the priority of an earlier application, an indication of: a. The name of the State with whose national office the earlier application was filed or if filed with an office other than a national office, the name of that office b. The date on which the earlier application was filed c. Where available, the application number of the earlier application 7. Where the applicant claims color as a distinctive feature of the mark, a statement to that effect as well as the name or names of the color or colors claimed and an indication, in respect of each color of the principal parts of the mark which are in that color 8. Where the mark is a three-dimensional mark, a statement to that effect 9. One or more reproductions of the mark, as prescribed in Regulations 10. A transliteration or translation of the marks or of some parts of the mark, as prescribed in Regulations 11. The names of the goods or services for which the registration is sought, grouped according to the classes of the Nice Classification together with the number of the class of said Classification to which each group of goods or services belong 12. A signature by, or other self-identification of, the applicant or his representative

Procedure

1. Customer enters the building and secures visitor’s pass from the guard by providing a valid I.D. with picture and signs in the visitor’s logbook

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2. Customer proceeds to the Receiving Section and hands the application to the Trademark Duty Officer 3. Trademark Duty Officer encodes the details in the TEAMS (Trademark System) 4. Trademark Duty Officer prints the acknowledgement receipt and SOA and affixes signature 5. Customer receives documents from the Trademark Duty Officer 6. Customer proceeds to the guard to get a queuing number. Signs in the payment log sheet and waits his/her number to be called 7. Customer gives payment, SOA, and other documents to Cashier personnel 8. The cashier personnel issue an application number and stamps the date of receipt in the request form. Cashier personnel validates SOA and documents filed by customer and prepares official receipt 9. Customer receives official receipt and validated SOA and documents from the Cashier Personnel

Processing Time: Average of two (2) minutes per document

Fees

Big Small PhP2,592.00 PhP1,200.00

Application Form: https://drive.google.com/file/d/1amZi1FD5n1he_bbQbT8goFDo8u5tNSQ1/view

International Trademark Application (Madrid Protocol) The Madrid System for the International Registration of Marks provides a one-stop solution for registering and managing marks worldwide, allowing the trademark owner to file one application in one language, and to pay one set of fees to protect mark in up to 120 countries.

Documentary Requirements

1. Accomplished form MM2 2. Name and address of the applicant

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3. Where the mark is a three-dimensional mark, a statement to that effect 4. One or more reproductions of the mark, as prescribed in Regulations 5. The names of the goods or services for which the registration is sought, grouped according to the classes of the Nice Classification together with the number of the class of said Classification to which each group of goods or services belong 6. Designated contracting parties 7. Payment of handling fee

Procedure

1. Customer enters the building and secures visitor’s pass from the guard by providing a valid I.D. with picture and signs in the visitor’s logbook 2. Customer proceeds to the Receiving Section and hands the application to the Trademark Duty Officer 3. Trademark Duty Officer retrieves the record from the database using the application/registration number in the form 4. Trademark Duty Officer prints the acknowledgement receipt and SOA and affixes signature 5. Trademark Duty Officer gives documents to the customer 6. Customer proceeds to the guard to get a queuing number. Signs in the payment log sheet and waits his/her number to be called 7. Customer gives payment, SOA, and other documents to Cashier personnel 8. The cashier personnel stamps the date of receipt in the request form. Cashier personnel validates SOA and documents filed by customer and prepares official receipt 9. Customer receives official receipt and validated SOA and documents from the Cashier Personnel

Processing Time: Average of two (2) minutes per documents

Handling Fee: PhP2,592.00

Releasing of Trademark Certificates

Schedule of Availability of Service: 8:00AM-5:00PM

Documentary Requirement: Notice of Allowance

Procedure

1. Customer enters the building and secures visitor’s pass from the guard by providing a valid I.D. with picture and signs in the visitor’s logbook

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2. Customer proceeds to the Trademark Releasing Officer and hands documents 3. Trademark Releasing Officer retrieves certificate of registration 4. Customer accepts trademark certificate of registration

Processing Time: Ten (10) minutes

Declaration of Actual Use (DAU)

Documentary Requirements

1. Duly filled-out and notarized DAU form 2. One Label of the mark or other evidence of use

Procedure

1. Customer enters the building and secures visitor’s pass from the guard by providing a valid I.D. with picture and signs in the visitor’s logbook

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2. Customer proceeds to the Receiving Section and hands the application to the Trademark Duty Officer 3. Trademark Duty Officer retrieves the records from the database using the application/registration number indicated in the DAU form 4. Trademark Duty Officer prints the SOA and affixes signature 5. Customer receives documents from the Trademark Duty Officer 6. Customer proceeds to the guard to get a queuing number, signs in the payment log sheet and waits his/her number to be called 7. Customer gives payment, SOA, and other documents to Cashier personnel 8. Cashier personnel validates SOA and documents filed by customer and prepares official receipt 9. Customer receives official receipt and validated SOA and documents from the Cashier Personnel

Processing Time: Average of Two (2) minutes per document

Fees

Big Small PhP1,920.00 PhP900.00

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES – ENVIRONMENTAL MANAGEMENT BUREAU (DENR-EMB) Sources: www.emb.gov.ph http://eia.emb.gov.ph/wp-content/uploads/2019/01/Revised-Guidelines_Threshold_MC-2014-005.pdf

Every proposed project or undertaking which is projected to have significant adverse impact to the quality of the environment is covered by the Philippine Environmental Impact Statement (EIS) system. This includes major expansion, rehabilitation, and/or modification of existing projects as well as resumption of projects that have stopped operations for a prolonged period.

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To determine coverage, proposed projects or undertakings shall be screened according to the following categories:

Category A – project undertakings which are classified as Environmentally Critical Projects (ECPs) under Presidential Proclamation No. 2146 (s. 1981), Proclamation No. 803 (s. 1996), and any other projects that may later be declared as such by the President of the Philippines. Proponents of these projects implemented from 1982 onwards are likewise required to secure an ECC.

Category B – projects or undertakings which are not classified as ECP under Category A, but which are likewise deemed to significantly affect the quality of the environment by virtue of being located in an Environmentally Critical Area (ECA) as declared under Proclamation No. 2146 and according to the parameters set forth in the attached guidelines. Proponents of these projects implemented from 1982 onwards are likewise required to secure an ECC.

Category C – project or undertakings not falling under Category A or B which are intended to directly enhance the quality of the environment or directly address existing environmental problems.

Category D – projects or undertakings that are deemed unlikely to cause significant adverse impact on the quality of the environment according to the parameters set forth in the Screening Guidelins. These projects are not covered by the Philippine EIS system and are not required to secure an ECC. However, such non-coverage shall not be construed as an exemption from compliance with other environmental laws and government permiting requirements.

Application for an Environmental Compliance Certificate (ECC) Document issued by the DENR-EMB after a positive review of an ECC application, certifying that based on the representations of the proponent, the proposed project or undertaking has complied with all the requirements of the EIS System and has committed to implement its approved Environmental Management Plan to address the environmental impacts.

Note: The ECC issued will be considered not valid if the project is not implemented within five (5) years unless otherwise specified in the ECC.

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ECC for Category A & B Projects (Online Processing) User Guide: https://ecconline.emb.gov.ph/live/Help/Applicant.pdf (accessed as of July 2019)

Schedule of Service Availability: Monday - Sunday

Processing Period: • 20 days upon updating the payment for ECC Application

Documentary Requirements: 1. Geotagged photographs of project site (taken for last 30 days); 2. Topographic Map of impact/affected areas (at least 1km form the project boundaries); 3. Certification from LGU on the compatibility of proposed project with existing land use plan; 4. Site Development and/or Vicinity map signed by registered professionals; 5. Project/Plan layout signed by registered professionals; 6. Schematic diagram of wastewater treatment facility; 7. Schematic Diagram of Air Pollution Control Facility; 8. Organizational Chart in charge on environmental concerns; 9. Proof of authority over the project site (land title, lease contract, deed of absolute sale, etc.); and 10. Affidavit of No Complaint (e-copy; PDF format)

Procedure:

1. Visit www.emb.gov.ph 2. To access the system, click ECC Online 3. Create an account to register 4. Request, Fill-up necessary information and submit Environmental Compliance Certificate (ECC) Requirements/Application Online; 5. Using the Order of Payment, pay the corresponding application fee in the nearest LandBank branch (Order of Payment is generated online); 6. Attach Proof of Payment online (Bank Receipt in e-copy; PDF format); 7. Download approved ECC for notarization 8. Submit notarized ECC for repository online (e-copy; PDF format)

Application Fee: PhP 5,055.00

ECC for Category C Projects (Manual Processing)

Schedule of Service Availability: Monday – Friday, 8:00AM – 5:00PM

Processing Period: Ten (10) days upon submission of complete requirements

Documentary Requirements: 1. Zoning;

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2. Proof of Ownership, 3. Project Plans

Procedure:

1. Request Environmental Compliance Certificate (ECC) personally; 2. Fill-up and submit the Request Form to the Records Officer; 3. Issuance of Order of Payment; 4. Settlement of Payment with the Cashier; 5. Present Official Receipt to EMB Personnel; 6. Receive ECC

Fees: PhP 4,000.00 Processing Fee + PhP15.00 Documentary Stamp

Certificate of Non-Coverage (CNC) A certification issued by the DENR-EMB certifying that, based on the submitted project description, the project is not covered by the EIS System and is not required to secure an ECC.

CNC for Category C Projects (Manual Processing)

Schedule of Service Availability: Monday – Friday, 8:00AM – 5:00PM

Processing Period: One (1) day upon submission of complete requirements

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Documentary Requirements: 1. Project Layout Plan 2. Authority Over the Project

Procedure:

1. Request Certificate of Non-Coverage (CNC) personally; 2. Fill-up and submit the Request Form to the Records Officer; 3. Issuance of Order of Payment; 4. Settlement of Payment with the Cashier; 5. Present Official Receipt to EMB Personnel; 6. Receive Certificate of Non-Coverage

Fees: PhP 600.00 Processing Fee + PhP15.00 Documentary Stamp

CNC for Category D Projects (Online Processing) User Guide: https://cnconline.emb.gov.ph/projectchecker/CNCOnlineSteps.pdf

Schedule of Service Availability: Monday - Sunday

Processing Period: Seven (7) days upon updating the payment for CNC Application

Documentary Requirements: 1. Project Layout Plan 2. Authority Over the Project (e-copy)

Procedure:

1. Visit www.emb.gov.ph; 2. To access the system , click CNC Online; 3. Create an account to register 4. Verify the coverage of your Project; 5. Request, Fill-up and submit Certificate of Non-Coverage (CNC) Application Online; 6. Using the Order of Payment, pay the corresponding application fee in the nearest LandBank branch (Order of Payment is generated online); 7. Update Payment of the application online (e-copy of the Bank Receipt/Proof of Payment and Government Issued ID); and 8. Download Certificate of Non-Coverage

Application Fee: PhP 1,126.00 DEPARTMENT OF AGRARIAN REFORM Land-Use Conversion Source: DAR Guidelines for the Processing of Land Use Conversion http://www.evoss.ph/Home/Download/2103 (accessed as of January 2020)

Concerned Agency: Department of Agrarian Reform

Criteria for Conversion:

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1. Conversion may be allowed if the land subject of application is not among those considered nonnegotiable for conversion. 2. When the land has ceased to be economically feasible and sound for agricultural purposes or the locality has become urbanized and the land will have a greater economic value for residential, commercial, industrial, or other non-agricultural purposes. 3. Conversions of land within SAFDZ shall take into account the following factors: 3.1 Conversion of land use is consistent with the natural expansion of the municipality or locality as contained in the approved physical framework and land use plan. 3.2 Area to be converted in use is not the only remaining food production area of the community 3.3 The land use conversion shall not hamper the availability of irrigation to nearby farmlands. 3.4 Areas with low productivity will be accorded priority for land use conversion. 3.5 Sufficient disturbance compensation shall be given to farmers whose livelihoods are negatively affected by the land use conversion as provided for by the existing laws and regulations. 4. When the agricultural land which is subject of the application for conversion has been acquired under RA 6657, its conversion shall be allowed only if the applicant is the agrarian reform beneficiary thereof, and after he has fully paid his obligation as required under Section 65 of RA 6657.

Who May Apply for Conversion:

1. Owners of private agricultural lands or other persons duly authorized by the landowner; 2. Beneficiaries of the agrarian reform program after the lapse of five (5) years from award, reckoned from the date of the issuance of the Certificate of the Landownership Award (CLOA), and who have fully paid their obligations and are qualified under these Rules, or persons duly authorized by them; and 3. Government agencies, including government-owned or controlled corporations, and LGUs, which own agricultural lands as their patrimonial property

Requirements:

1. Official receipt showing proof of payment of filing fee and inspection cost. 2. Official receipt showing proof of posting bond or an original copy of the GSIS surety bond in accordance with the terms and conditions set forth in Section 24 of DAR AO No.1, Series of 2002. 3. Sworn application for Land Use Conversion. (Form No.1)

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4. True copy of the Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT) of the subject land, certified by the Register of Deeds not earlier than thirty (30) days prior to application filing date. In case of untitled land, the following shall require in lieu of a title.

4.1 Certification from the Department of Environment and Natural Resources- Community Environment and Natural Resources Officer (DENR-CENRO) that the landholding has been classified as alienable and disposable; and 4.2 Certification from the DENR-CENRO (for administrative confirmation of imperfect title) or the Clerk of Court (for judicial confirmation of imperfect title) that the tilting process/proceedings has commenced and there are no adverse claimants 5. True copy of the Certificate of Title of the subject land as of 15 June 1988, and all successor Titles until the present. Title referred to in No. 4 hereof if applicable 6. True copy of the current Tax declaration covering the subject properly. 7. Project feasibility study. 8. Joint venture agreement or any other business arrangement on the use of land between landowner and the developer (if the developer is other than the landowner) or between the Emancipation Patent/Certification of Landownership Award (EP/CLOA) holders and the developer (if the land was awarded under the agrarian reform program). 9. Narrative description of the development plan describing in detail the activities, program components, phasing, schedule, work and financial plan, all duly certified by a licensed engineer, architect or land use planner. 10. Proof of financial and organizational capability of the developer to develop land, including the following information: 10.1 Statement of project cost and availability of potential funding source(s) for the development of the proposed project; 10.2 Profile of the developer; 10.3 Most recent financial statement, not later than the year before application, duly authenticated by a certified public accountant; and 10.4 If the developer is a corporation or partnership, a copy of its Certificate of Registration and the recent General Information Sheet (GIS) for the immediately preceding year, certified by the Securities and Exchange Commission (SEC), or in lieu of the latter, a duly accomplished GIS sworn to before a notary public, provided that if the land is to be used for socialized housing by the LGU under EO 124-1993, a Sanggunian Resolution appropriating funds for the project and authorizing the LGU to undertake the same shall be required. Provided further that if the socialized housing shall be undertaken by other government agencies such as the National Housing Authority and the like, a board resolution approving the project and appropriating funds therefore shall likewise be submitted. 11. Socio-Economic Benefit-Cost Study of the proposed project. 12. Photographs, size 5R (five [5] inches by seven [7] inches, using color film, and taken on the land holding under sunlight. The applicant shall attach the pictures to a paper background and the photographer who took said pictures shall sign on said paper background to certify the authenticity of the pictures. On each background paper shall be written a short description of each picture. The pictures shall consist of:

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12.1 At least four (4) photographs taken from the center of the landholding: one (1) facing north, one (1) facing east, one (1) facing south, and one (1) facing west; 12.2 At least one (1) photograph per corner, taken from each corner of the landholding’s orders. 12.3 At least two (2) photographs of each for all distinct man-made structure existing in on the land, taken from opposite angles. 12.4 At least two (2) photographs each of the front view of the billboard(s) required in Section 11 of DAR A.O No. 1 Series of 2002. Second copy will be used for submission to 12.5 Sufficient number of photographs of the most conspicuous landmarks from the nearest barangay center and leading to and from the ingress and egress routes at the subject landholding, for the purpose of assisting the ocular inspection team in the in the locating site. 13. Affidavit/Undertaking in a single document of the applicant (LUC Form No.2) 14. MARO Certification (LUC Form No.3) and Notice of Land Use Conversion in English language (LUC Form No.4) and in local dialect (LUC Form No. 4A). 15. Certification from the Housing and Land Use Regulatory Board (HLURB) Regional Officer on the actual zoning or classification of the land subject of the application based on the approved comprehensive land use citing: (1) the municipal or city zoning ordinance number, and (2) resolution number and date of approval by the HLURB or the Sangguniang Panlalawigan concerned, as the case may be. (LUC Form No.5). 16. Certification from the Department of Agriculture official stating, among others, the 17. Classification of the property under the Network of Protected Areas for Agricultural and Agro-Industrial Development (NPAAAD) and Strategic Agriculture and Fisheries Development Zones (SAFDZ) whether or not the subject property is within five (5) percent limit of the SAFDZ allowed for conversion, the status of irrigation coverage of the subject properly and whether the land has ceased to be economically feasible and sound for agricultural purposes. Certification from the authorized DENR official stating among others whether or not the subject land is within the National Integrated Protected Area System (NIPAS), mossy and virgin forests, riverbanks, or swamped forests and marshlands; within an Environmentally Critical Area (ECA), or will involve the establishments of an Environmentally Critical Project (ECP). (LUC Form No.6) 18. Environmental Compliance Certificate (ECC) when the subject land is within an ECA or will involve the establishment of an ECP. 19. If applicable Special Power of Attorney (SPA) when the applicant is not the registered owner. 20. If applicable, notarized secretary’s certificate of a corporate/cooperative board resolution authorizing the representative, when the applicant is a corporation or cooperative. 21. If applicable, concurrence letter of the mortgage or the individual or entity in whose favor the encumbrance was constituted when the property is encumbered. 22. If applicable, endorsement from the concerned government agency, when the application involves a priority development areas or project such as: a) NEDA-NLUC endorsement if under EO 124-1993; or b) HLURB endorsement if socialized housing (LUC Form No 7); or c) PEZA Board Resolution approving the project for ecozone project

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23. If applicable, Land Bank of the Philippines (LBP) Certification attesting that the applicant-landowner has fully paid his obligations to the LBP, when the applicant- landowner is a beneficiary of the agrarian reform program. (LUC Form No. 8) 24. If applicable, Provincial Agrarian Reform Officer (PARO) Certification attesting that the applicantlandowner acquired the subject land from a landed-estate or under the Voluntary Land Transfer / Direct Payment Scheme (VLT/ DPS) and he has already fully paid his obligation there under, when the applicant-landowner is a beneficiary of the agrarian reform program (LUC Form No.9). 25. Vicinity map and a lot plan prepared by a duly-licensed geodetic engineer indicating the lots being applied for and their technical descriptions, name of owner/s, lot number and area. The map shall highlight the specific area applied for conversion if the application covers less than the total lot area. 26. Directional sketch map showing the orientation of the subject property in relation to adjoining lands and nearest provincial and/or national and/or feeder roads, to facilitate and determine the location of the property for the purpose of ocular inspection. Indicate in the map the existing infrastructure and/or improvements thereon including any house or tillage thereupon for any occupant therein, landmarks within a one (1) kilometer radius and owners of adjacent properties. No need to draw map in scale. 27. Map of the development plan. For socialized housing projects, the applicant shall submit the map of the development plan with marked “reviewed by the HLURB” (Housing and Land Use Regulatory Board). 28. Topographic Map if the subject properly is within upland, hilly or mountainous area.

Note: The applicant shall submit all the foregoing applicable requirements from Nos1 to 28 hereof at the time of filing of application to the CLUPPI/RCLUPPI. However, for applications involving housing projects under EO-45- 2001, requirements mentioned in Nos. 15 to 18 maybe submitted at a later time.

Procedure:

1. Applicant gets Application Form 2. Applicant erects billboard, takes photos of billboard, land and structures of land.

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3. Applicant submits 2 Land Use Conversion Folders (LUFC) to Municipal Agrarian Reform Officer (MARO) containing Forms 1, 3 & 4, titles, and sketch map & billboard photo. 4. MARO transmits one folder to PARO. Within 20 days, MARO check Comprehensive Agrarian Reform Program (CARP) coverage status of land inspects billboard, and checks presence of farmers, posts notices in conspicuous places, prepares MARO certification & gives original copy of certification to applicant. If MARO refuses to act, Provincial Agrarian Reform Officer (PARO) shall take over. 5. Applicants files (4) set of LUFCs plus MARO certification at RCLUPPI or CLUPPI. 6. RCLUPPI / CLUPPI checks Application Folder’s completeness using LUC Form A; if complete issues assessment of fees, if not complete return the application to applicant and require to submit the lacking documents. 7. Applicant pays filing fee plus inspection cost and posts bond. 8. Raffling of Case to the CLUPPI Technical Staff 9. RCLUPPI / CLUPPI evaluate LUCF. Acceptance date is equivalent to Filing date 10. Within 10 days from acceptance, RCLUPPI/CLUPPI schedules ocular inspection. 11. Applicant writes ocular inspection (OCI) schedule in billboard & transmit notice of conduct of OCI to the MARO. 12. Team conducts ocular inspection within 20 days from the date of notice of OCI. 13. Deliberation/Resolution of Application, 80 days from Filing Date, RCLUPPI/CLUPPI issues recommendation to Approving Authority. 14. Drafting Orders within 10 days from the date of Deliberation. 15. 30 days from issuance of RCLUPPI/CLUPPI recommendation, the Approving Authority shall issue the Provisional Conversion Order or its denial.

Fees:

AREA APPLIED FILING FEE INSPECTION COST Php 10,000.00 – if the subject landholding is within the same island as that of the Office Five (5) hectares of the Regional Director Php 1,000.00 and below Php 15,000.00 – if the subject landholding is not within the same island as that of the Office of the Regional Director Php 10,000.00 – if the subject landholding is within the main island of Luzon (except Bicol Peninsula); Php 15,000.00 – if the subject landholding is within Regions I to IV but is not located More than five (5) Php 2,000.00 within the main island of Luzon. hectares Php 15,000.00 – if the subject landholding is in Bicol Peninsula or Visayas Group of Islands; or Php 20,000.00 – if the subject landholding is in the Mindanao group of Islands

Bond:

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1. The cash bond shall be computed at two and 5/10 percent (2.5%) of the zonal value of the land as per latest issuance of the Bureau of Internal Revenue in the form of cash or manager’s/cashier check. 2. In lieu of a cash bond, the applicant may post a surety bond issued by the GSIS equivalent to fifteen percent (15%) of the total zonal value of the land per latest issuance of the BIR, indicating the following conditions at the minimum that: o the bond is callable on demand; o the DAR shall forfeit the bond in favor of the Agrarian Reform Fund when it finds the applicant carrying out any premature conversion activity; and o the validity of the bond shall be for a period of one (1) year but renewable on a year to year basis, if necessary. 3. The following projects shall be exempted from posting a “bond to guarantee against premature conversion”. o Socialized housing projects as certified by the HLURB; o Resettlement projects for families displaced by development of government projects as certified as such by the National Housing Authority (NHA); and o Community Mortgage Program (CMP) projects as certified by the National Home Mortgage Finance Corporation (NHMFC).

When the application involves a mixed use of socialized and non-socialized housing projects, the application shall not enjoy any bond exemption for socialized housing unless eighty (80%) percent of the land applied for conversion shall be used directly and exclusively for socialized housing

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DEPARTMENT OF ENERGY (DOE) Source: https://www.doe.gov.ph/sites/default/files/pdf/citizen_charter/2018-citizen-charter-doe.pdf (as of 2018) Petroleum Service Contract Under the Philippine Energy Contracting Round

DOE Bureau: Petroleum Resources Development Division (PRDD)

Legal Bases: Presidential Decree 87 / DC2014-002-0005

Documentary Requirements:

II. Legal Documentation (1) Duly filled‐out covering information sheet showing a brief summary of the application; (2) Certified true copies of the Securities and Exchange Commission (SEC) Certificate of Registration, Articles of Incorporation and By‐Laws. The corporate purpose of the applicant shall include the exploration, development and utilization of petroleum resources; (3) Certified true copy of the General Information Sheet (GIS) stamped‐received by the Securities and Exchange Commission (SEC) not more than twelve (12) months old at the time of filing of application; (4) Original Copy of the Certificate of Authority from the Board of Directors of the applicant authorizing a designated representative/s to apply, negotiate, sign any documents and execute the petroleum service contract. The said Certificate of Authority shall be executed under oath by the Corporate Secretary. III. Work Program Documentation (1) Proposed work program (discussion of the exploration strategies and methodologies to be employed in delineating petroleum resources with subsequent manpower complement should be in detailed narrative format including the Schedule of Activities in a Gantt Chart) and minimum expenditure for each proposed activity with respect to the area or areas specified in the proposal. Work program and minimum expenditure with respect to the proposal; (2) Geological and geophysical evaluation of the Contract Area applied for: (a) Database (b) Petroleum Potential Analysis (c) Prospect/Lead evaluation (d) Resources; and (e) Probability of Discovery (Whenever applicable); (3) Economics and development concepts of possible petroleum discoveries; (a) Plan of Development (b) Project Economics IV. Technical Documentation (1) Upstream Petroleum Projects (2) Technical Personnel V. Financial Documentation (1) For corporations existing for more than two (2) years at the time of filling of application:

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(a) Original Copy of the Annual Report or Audited Financial Statements (FS) for the last two (2) years from the filing date and Original Copy of the latest Unaudited FS duly signed by the responsible official such as the President and/or Chief Finance Officer if the Audited FS is more than six (6) months old at the time of filing; (b) Original Copy of the Bank Certification to substantiate the cash balance as of the latest unaudited FS; (c) Original Copy of the Projected Cash Flow Statement for three (3) years covering fund sources and uses for the particular offered area, other applied PECR areas, renewable energy service contract applications, existing service/operating contracts with DOE and other existing business, if applicable; and, (d) For domestic corporations, certified true copy of the latest income tax return filed with the Bureau of Internal Revenue, and duly validated with the tax payments made thereon. (2) For newly‐organized corporations existing for less than two (2) years at the time of filing of application: (a) Original Copy of the Audited Financial Statements (FS) or unaudited FS duly signed by the responsible official such as the President and/or Chief Finance Officer; (b) Original Copy of the Bank Certification to substantiate the cash balance as of the latest unaudited FS; and (c) Original Copy of the Projected Cash Flow Statement for three (3) years covering fund sources and uses for the particular offered area, other applied PECR areas, renewable energy service contract applications, existing service/operating contracts with DOE and other existing business, if applicable. (3) For Parent Company that guarantees for corporations with insufficient working capital: (a) Parent Company’s fund guarantee shall be limited to the corresponding participating interest and shall submit the following: (i) Original Copy of the Parent Company's financial documents per D.1.a and D.1.b; and (ii) Original Copy of duly notarized Letter of Undertaking / Support from the Parent Company to fund the Work Program. (4) Minimum working capital (Liquid Assets less Current Liabilities) is 100% of the financial commitment for the first contract year of the proposed work program and budget. Liquid Assets shall consist only of cash, trade accounts receivables and short term investments/placements. Credit line is not a Liquid Asset. (5) The applicant shall have available working capital for each PECR application separate from other applied PECR areas, renewable energy service contract applications and existing energy service/operating contracts, if applicable.

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Process:

1. Submission of Requirements; 2. Payment of Application Fee; 3. Opening of Proposals and checking for completeness of applications (Note: this happens on a set date as dictated by the published PECR timeline, and not immediately after submission); 4. Legal, Technical and Financial Evaluation of applications, in-house review and endorsement to REC; 5. Preparation of REC Endorsement to the Secretary for award of contract to the winning applicants; 6. Review of Recommendation & Endorsement of the Secretary to the Office of the President for approval; 7. If approved, issuance of Notice of Contract Signing to the DOE Secretary; 8. Notify winning applicant of the Notice for Contract Signing and Payment of Processing Fee; 9. Payment of Processing Fee; 10. Preparation of PSC, Signing, Notarization, Transmittal, Recording, and Release of Service Contract

Processing Period: 45 Working Days

Fees:

Application Fee - PhP200,000.00/area Processing Fee - PhP0.48/hectare

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Petroleum Sub-Contract Registration Registration of subcontracts for cost-recovery purposes under the Petroleum Service Contract.

DOE Bureau: Petroleum Resources Development Division (PRDD)

Legal Bases: Presidential Decree 87 / DC2014-08-0013, amending OEA Circular No. 89-01- 02

Documentary Requirements:

1. Two (2) copies of Subcontracts for registration; 2. Summary of submission indicating the Service Contract to which it is applied for, document type and control number, title of subcontract, name of subcontractor, date of execution and notarization and total amount involved in the contract; and 3. Subcontracts for registration must be submitted within 6 months from date of the last signature in the subcontract (date of execution). Late subcontracts will be penalized.

Procedure:

1. Submission of subcontracts; 2. Transmittal of application to Energy Resource Development Bureau (ERDB); 3. Endorsement of application for technical evaluation; 4. Technical Evaluation (Note: if submission is incomplete, a Deficiency Notice is issued to the contractor. Those that have passed will be referred to the Legal Services for further evaluation); 5. Legal Evaluation (Note: If submission did not meet the deadline, the submission will be penalized. Failure to pay within 60 days from receipt of penalty notice will result in disallowance for cost-recovery); a. Issuance of Payment Order b. Payment of penalty (Note: The Official Receipt for the payment of penalty must be submitted to PRDD to resume registration of penalized subcontracts) 6. Issuance of Confirmation of Subcontract Registration; and 7. Release of Registered Subcontracts

Processing Period: Three (3) Working Days

Notes: • Timeline is for one (1) submitted subcontract. • Subcontracts must be submitted within 6 months of effective date. Late submissions will be penalized. Penalty must be paid within 60 days from receipt of notice to avoid disallowance for cost-recovery.

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Tax-Exemption Certificate (TEC) Application DOE Bureau: Petroleum Resources Development Division (PRDD)

Legal Bases: Presidential Decree 87 / Administrative Order 31 s. 2012

Documentary Requirements:

1. Five (5) copies of application form duly signed by company representative, notarized and sealed by Notary Public; 2. TEC application number, official receipt of processing fee; 3. Company purchase order, use/s, justification; 4. Computation of taxes waived; and 5. BED Circular No. 81‐11‐09, if applicable

Procedure:

1. Submission of complete set of application requirements and transmittal to ERDB; 2. Payment of processing fee; 3. Technical/Legal Evaluation; 4. If Technical/Legal requirements satisfied, prepare Endorsement Memorandum for Clearance of TEC (Note: If technical/legal requirements are not satisfied, notify Service Contractor of the reason for disapproval); 5. Endorsement for clearance to Undersecretary/Secretary; 6. Clearance for TECl 7. If cleared, TEC Approval (Note: If not cleared, notify Service Contractor of the reason for disapproval); 8. Authentication (DOE Dry Seal); and 9. Release of TEC & transmittal of TEC to DOE and retention of duplicate copy

Processing Period: Four (4) Working Days

Processing Fee: PhP750.00/application

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Issuance of DOE Certificate of Endorsement to the Energy Regulatory Commission

The DOE Certificate of Endorsement is a requirement under the Amended Guidelines for the issuance of Certificate of Compliance (COC) by Energy Regulatory Commission (ERC) promulgated on March 7, 2003. No person may engage in the Generation of Electricity as a new Generation Company unless such person has received a COC from the ERC to operate facilities used in the Generation of Electricity. DOE Bureau: Electric Power Industry Management Bureau (EPIMB)

Who are required to apply? b. Existing Generation Facilities c. Generation Facilities under Construction d. New Generation Facilities

Documentary Requirements: 1. Letter of Request addressed to the DOE Secretary, Attention to the Undersecretary for Power and EPIMB Director (parallel submission to DOE Records Division and EPIMB‐PPDD) 2. Company Profile 3. Project Background/Description to include the installed capacity, plant type, exact location/address of the power generating facility, official name of the power‐ generating facility, target commissioning date, off‐taker of the electricity, host community/ies, etc.) 4. Articles of Incorporation and By‐Laws of the Company 5. Certificate of Assumption of Accountability (applicable to the successor company that takes on the Ownership and/or takes‐over the operations of the previous generation company whether under a new name or using the same company name as the case maybe) 6. Number of Jobs Generated (estimate during construction and during project implementation) 7. Undergone Competitive Selection Process (for Off‐Grid Projects) 8. Copy of Power Supply Agreement with Stakeholders filed to ERC

Additional for Renewable Energy Power Projects:

9. Copy of the Service Contract 10. Copy of Certificate of Registration of Proponent as RE developer 11. DOE‐approval on the transfer of assignment’ 12. DOE‐REMB endorsement of the project (status of service contract, transfer of assignment, increase/decrease in capacity

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Procedure:

Step Responsible Unit Process No. 1 Applicant Submission of application with complete supporting documents 2 Power Planning & Evaluation of Application Development Division (PPDD) Renewable Energy For Renewable Energy Power Projects, an Management Bureau endorsement from the REMB shall be issued (REMB) 3 Rural Electrification and Memorandum of Approval (MOA) on the establishment Management Division of trust accounts (REAMB) 4 PPDD Preparation of Certificate of Endorsement (COE) and Memorandum 5 PPDD Review and endorsement of COE and Memorandum 6 EPIMB Director / Review and signing of Memorandum, endorsing the Assistant Secretary / MOA and COE for approval and signature Undersecretary 7 DOE Senior Approval and signing of MOA Undersecretary 8 Office of the DOE Approval and signing of the COE Secretary 9 REAMB / Legal Services Transmittal to EPIMB-PPDD of signed COE and MOA Notarization of MOA

Processing Time: 26 to 28 working days

Fees:

• Minimum of PhP500.00 (<1MW) • PhP1,000.00 (1MW to <10MW) • Maximum of P10,000.00 or P100.00 per MW of installed capacity whicheveris higher for 10MW and above

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Registration Process of Renewable Energy Developer

DOE Bureau: Renewable Energy Management Bureau (REMB)

Legal Bases: Administrative Order No. 31 dated 01 October 2012

Documentary Requirements:

1) Preliminary Requirements a) Geothermal, Hydro, Wind, Solar and Ocean/Current Energy Only i) Letter of Intent/ Application; ii) Duly accomplished RE Contract Application Form; iii) Proposed RE Project Site/Area Location Description/Map complies with Annex A b) Biomass Energy Only i) Letter of Intent/ Application; ii) Duly accomplished RE Contract Application Form; iii) Proposed RE Project Site/Area Location Description/Map complies with Annex A iv) Feasibility Study / Plant Description; v) Biomass Feedstock Supply Agreement; vi) Environmental Clearance Certificate (ECC if > 5MW, CNC if<5MW); vii) Wood Processing plan permit under MAO 50; (if feedstock is woodchip); viii) Supply contract for existing plantation (if feedstock is woodchip); ix) Payment of application/processing fee upon completion of all requirements.

2) Legal Requirements a) Individual or Proprietorship i) Birth Certificate‐ duly authenticated by National Statistics Office (NSO); ii) Business Permit‐ certified true copy; and iii) Department of Trade and Industry (DTI) Registration (if applicable) b) Corporation/ Joint Venture/ Consortium/ Cooperative i) Securities and Exchange Commission (SEC) Registration‐ original SEC‐certified, if applicant is a Cooperative, the ii) Articles of Incorporation and By Laws shall be certified by the Cooperative Development Authority (CDA); iii) By‐Laws and Articles of Incorporation‐ original SEC‐certified; iv) Certification authorizing its representative to negotiate and enter into RE Contract with the DOE (Original); v) Latest General Information Sheet; vi) Business Permit vii) Controlling Stockholders and Percentage of their Holdings; viii) Organizational Chart of the Company; ix) Parent/ Subsidiary/Affiliates (if applicable); and x) Company Profile

3) Technical Requirements a) Track Record or Experience; b) Work Program with financial commitment per activities; c) Curriculum Vitae of Management and Technical Personnel; d) List of Technical Consultants with corresponding contract between the developer and the consultants showing their respective qualifications; and e) List of existing company‐owned and leased equipment appropriate for the RE project with the corresponding description

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4) Financial Requirements a) Annual Report or Audited Financial Statements (FS) for the last two (2) years from the filing date and latest Unaudited FS duly signed by the responsible official such as the President and/or Chief Finance Officer if the Audited FS is more than six (6) months old at the time of filing; b) Original Bank certification to substantiate the cash balance as of the latest Unaudited FS; c) Projected Cash Flow Statement for two (2) years covering fund sources and uses for the particular offered area, other applied OCSP areas, renewable energy service contract applications, existing service/operating contracts with DOR and other existing business, if applicable, with supports by any or all of the following: i) Sales Agreement/Purchase Order of buyer for projected revenues on existing Operations (Photocopy) ii) Sworn Letter of Commitment from stockholders for additional equity/cash infusion within one (1) year of operation (Original) iii) Bank‐approved loan/credit line earmarked for the proposed operation (Original); and d) In addition, for newly organized corporation or subsidiary corporation with insufficient funds to finance the proposed work program with guarantee from parent company: i) Parent Company's financial documents per items 1 and 2 above ii) Duly notarized Letter of Undertaking/Support from the Parent Company to fund the work program e) In case of foreign parent company, the documents shall be duly authenticated by the Philippine Consulate having the appropriate jurisdiction over the said parent company.

Process:

Stage 1 (Receipt of RE Contract Application and RE Contract Area Clearance)

1. Submission of RE Contract Application (including subsequent documents) to Records Management Division (RMD); 2. Endorsement to RE-REC Secretariat; 3. Issuance of acknowledgement letter and order of payment for application fee to the applicant; 4. Upon receipt of the copy of application fee, endorse the application to ITMS for area clearance; 5. Conduct area evaluation and validation and provide evaluation report after three (3) working days; 6. If the RE application is free of Conflict, proceed to Stage 2.

Stage 2 (Completeness of RE Application)

1. Upon receipt of the copy of application fee, RE-REC Secretariat shall determine its completeness and notify applicant; 2. Once the documents are complete, RE-REC Secretariat shall notify applicant and issue order of payment for processing fee, otherwise, the applicant must comply lacking documents within 5 working days or the application shall be deemed withdrawn; 3. If the processing fee has been paid (within 3 working days), proceed to Stage 3

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Stage 3 (RE Contract Evaluation)

1. RE-REC Secretariat will endorse the application to the Legal Services (LS) for legal evaluation in three (3) working days; 2. LS shall endorse the legally qualified application to the REMB within five (5) working days; 3. REMB shall endorse the qualified application to the Financial Services for financial evaluation in five (5) working days; 4. If the RE application is compliant with all the requirements, the application shall be endorsed to RE-REC for deliberation and appropriate action; 5. RE-REC shall issue a resolution to the Secretary to award the contract; 6. Secretary shall act within three (3) working days; 7. RE-REC Chair shall notify applicant in writing the date of signing of contract which shall be within 15 working days from receipt of notice; 8. Once the applicant signified its interest to proceed to the signing within the prescribed period, RE-REC members shall initial on the contract; 9. DOE Secretary shall sign the contract; and 10. Signed RE Service Contract and Certificate of Registration shall be released upon RE Developer’s payment of the signature bonus and posting of performance bond, respectively.

Note:

For SESC Rooftop Application within existing SESC, the exact coordinates of the former may be carved out if the following exists:

• Existing SESC is under construction or in commercial operation and does not cover the proposed rooftop area. • Existing SESC is compliant with Milestone obligation and does not include the proposed rooftop area in its FS and WP.

For RESC Application overlapping with existing RESC of other RE technologies, the former may pursue by submitting a written acknowledgment of such fact and the prior rights of existing RE contract holder or a requirement to secure a clearance. (3 working days)

For RESC Application within protected area, RE‐REC Secretariat shall notify the applicant

Processing Period: 45 Days

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Accreditation of a Biofuel Manufacturer

DOE Bureau: Renewable Energy Management Bureau (REMB)

Legal Bases: Executive Order 197 / Administrative Order No. 31 dated 01 October 2012

Documentary Requirements:

1. CME Manufacturer Accreditation Application Form 2. Official Receipt

Process:

1. Submit complete application and requirements; 2. Payment of processing fee; 3. Inspection of Facility and sample taking of Plant Site** 4. Laboratory Test 5. If it meets PNS, the Biomass Division shall prepare its evaluation/Recommendation/Endorsement for DOE Accreditation; 6. Approval of Biofuel Producer Accreditation; and 7. Recording, Transmittal, Posting at the DOE Website

**Excluding site visits/field verifications

Processing Period: 15 Days

Processing Fee: PhP5,000.00 (Joint Administrative Order No. 2008-1 s. 2018)

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Approval to Engage In Downstream Oil Industry (DOI)

DOE Bureau: Oil Industry Management Bureau (OIMB)

Legal Bases: Administrative Order No. 31 dated 01 October 2012

Documentary Requirements:

1. Written Notice with the following information: a. Business Name, address, telephone/email address; b. Contact person and contact details; c. Activity to engage in (refining, importing, distributing, terminalling, hauling, used oil re-processing, manufacturing/blending; and d. Product/s to be imported 2. Supporting Documents a. Project/Business Plan indicating the scope of activity including the following: i. List of buyers / Market Area, as applicable; ii. Source/s of supply / Projected volume of importation; and iii. Cost of Investment b. List of facilities & proof of availability of said facilities to support proposed business i. Storage Facility (Importing, Distributing, Terminalling, Re-processing) 1. Location/s of facility; 2. Number of storage tank/s and capacity/ies; 3. Product/s to be stored per tank; 4. Layout/s of facility/ies 5. Lease agreement, if facility is not owned. ii. Distribution Facilities (Distributing, Hauling) 1. Number and capacity of tank trucks used for distributing/hauling iii. Process/Product Description (manufacturing, blending, re- processing, importing) 1. Flow chart; 2. Procudtion capacity; 3. Product Brochure/Bulletin; Guaranteed Product Specifications c. Other Government Permits i. SEC/DTI Registration* ii. For corporation/cooperative/entities with legal personality, a Duly Executed Secretary’s Certificate and Board Resolution naming their authorized representative/s; iii. Updated Business/Mayor’s Permit* iv. Fire Safety Inspection Certificate for Occupancy of facility/ies* v. Certificate of Accreditation as Importer form the Bureau of Customs* vi. EMB Importation Clearance form DENR-EMB* (importation of recyclable materials with hazardous substance); vii. Chemical Control Order Registration Certificate* (for avgas) 3. Original copy to be presented for the above documents* for authentication purposes

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Process:

1. Submission of Application; 2. Payment of Fees; 3. Evaluation of submission; 4. Preparation of letter to applicant; 5. Review of application/letter to applicant; and 6. Approval of Notice to Engage in DOI / Letter to Applicant 7. Release of document

Processing Period: Four (4) Days

Application Fee: PhP 1,000.00 (If mailed: DOE accept Postal Money Order / Manager’s Cheque payable to the Department of Energy)

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Certificate of Accreditation As An Oil Industry Participant Under the Fuel Bioethanol Program

DOE Bureau: Oil Industry Management Bureau (OIMB)

Legal Bases: Administrative Order No. 31 dated 01 October 2012

Qualification Requirement:

Must be acknowledged downstream oil industry participant under RA 8479

Documentary Requirements:

1. Written Request for Accreditation 2. Supporting Documents for Initial Issuance a. Permit to Import Denatured Alcohol and Produce Ethanol-Blended Gasoline issued by BIR* b. Permits to operate dedicated storage tanks and to import ethanol issued by BIR*; c. Location of tanks, Tank ID No., and Capacity (MB) duly approved by BIR*; d. Proof of technical and physical logistical capability to handle bioethanol products appropriate and commensurate to the scope of activity applied for DOE accreditation (provision of dedicated storage tanks and/or especially modified/retrofitted retail outlets where bioethanol-blended products shall be marketed; e. Certificate of Compatibility of Equipment for alternative fuels issued by contractor; f. Process Flowchart of Ethanol Importation and Ethanol Blending 3. Supporting Documents for Renewal a. Permit to Import Denatured Alcohol and Produce Ethanol-Blended Gasoline issued by BIR, if expired* b. Permits to operate dedicated storage tanks and to import ethanol issued by BIR, if expired*; 4. Original copy to be presented for the above documents* for authentication purposes

Process:

1. Submission of application 2. Payment of Fees 3. Evaluation/Processing of Notice / Preparation of Accreditation 4. Review/endorsement of Accreditation for approval 5. Approval of Certificate of Accreditation/Acknowledgement Letter of the OIMB Director; and 6. Release of document

Processing Period: Four (4) Days

Application Fee: PhP 500.00 (If mailed: DOE accept Postal Money Order / Manager’s Cheque payable to the Department of Energy)

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 101

Endorsement for BOI Registration (Downstream Oil Industry Participant)

DOE Bureau: Oil Industry Management Bureau

Legal Bases: Administrative Order No. 31 dated 01 October 2012

Qualification Requirement: Must be acknowledged downstream oil industry participant under RA 8479

Documentary Requirements:

4. Written Request for Endorsement addressed to the Director of the Oil Industry Management Bureau of the DOE; 5. Detailed description of the project to be registered, indicating the timeframe, and target date of operation; and 6. Investment plan indicating the project cost and the list of facilities/equipment for which incentives may be availed of.

Process:

1. Submission of Application with Complete Documents; 2. Payment of Fees; 3. Evaluation/processing of application and preparation of Memorandum of Approval (MOA) and Endorsement Certificate (EC); 4. Review of MOA and EC and recommend approval for the issuance of MOA and EC; and 5. Approval and release of MOA & EC

Processing Period: Four (4) Days

Application Fee: PhP1,000.00

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 102

Endorsement for BOI Incentives Availment (Downstream Oil Industry Participant)

DOE Bureau: Oil Industry Management Bureau (OIMB)

Legal Bases: Administrative Order No. 31 dated 01 October 2012

Documentary Requirements:

1. Written Request for Endorsement addressed to the Director of the Oil Industry Management Bureau of the DOE; 2. Detailed description of the project that is subject for incentives availment; a. Description and details of equipment for importation (cost, supplier, loading date) b. Commercial invoice/Purchase Oder c. Certificate of quality of equipment for importation 3. Copy of BOI Certificate of Registration of registered project prior to incentives availment.

Process:

1. Submission of Application with Complete Documents; 2. Payment of Fees; 3. Evaluation/processing of application and preparation of Memorandum of Approval (MOA) and Endorsement Certificate (EC); 4. Review of MOA and EC and recommend approval for the issuance of MOA and EC; 5. Recommend approval – signing of MOA and EC by the Secretary; 6. Approval of MOA & EC / Release to OIMB; and 7. Recording / transmittal of MOA and EC

Processing Period: Eight (8) days

Application Fee: PhP1,200.00

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 103

Issuance of DOE Certificate of Endorsement to BOI

DOE Bureau: Investment Promotions Office (IPO)

Documentary Requirements:

1. Request letter addressed to the Secretary of the Department of Energy 2. Company Profile 1. Briefly describe the company, history and the sector in which it operated 2. List of Key Officials (Director level up) 3. List and overview of the major power projects accomplished by the company in the Philippines and overseas, if applicable. (Project, Key Project Features, Location, Customers, Contact Person) 3. Securities and Exchange Commission (SEC) / Department of Trade and Industry (DTI) Registration (including the most recent/current year GIS certified by the SEC); 4. Articles of Incorporation / Partnership certified by the SEC; 5. Project Profile 1. Project Fact Sheet 2. Executive Summary of Feasibility Study 3. Technical Description 4. Total Investment Cost (Include the breakdown) 5. 5-Year Projected Financial Statements with and without ITH (in PhP) 6. Power Supply Agreement or Energy Sales/Supply Agreement including all the amendments in the contract and assignment if applicable 7. Copy of CSP Certification endorsed by DOE for projects in SPUG areas 8. For Coal Plants: indicate sources of coal and percentage of its sources 9. For Diesel Plants: certificate from fuel supplier indicating compliance with the 2% biodiesel blend and the Fuel Supply Agreement (Certificate should bear original and not electronic signature) 10. For projects not yet included in the Power Development Plan (PDP), submit a Letter of Intent (LOI) addressed to the Director of EPIMB for your project to be included in the PDP.

Procedure:

1. Submit required documents; 2. The Office of the Secretary will forward the documents to the DOE-Investment Promotions Office (IPO) for the checklisting of the documents submitted; 3. Once complete, the DOE-IPO will issue a memorandum to concerned bureau/s for evaluation/recommendation/endorsement; 4. Concerned bureau/s will evaluate the project and issues recommendation/endorsement; 5. If for approval, DOE-IPO will prepare/draft memorandum for the Undersecretary’s approval/endorsement to the Secretary; 6. Once approved, the DOE-IPO prepares/draft memorandum and Certification for the Secretary’s approval and signature; and 7. DOE-IPO issues the Certificate of Endorsement

Processing Period: 19 working days

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 104

BUREAU OF FIRE PROTECTION (BFP) The Bureau of Fire Protection was created by virtue of RA 6975 primarily to perform the following functions:

1. Be responsible for the prevention and suppression of all destructive fires on building, houses and other structures; forest; land transportation vehicles and equipment; ships and vessels docked at piers or wharves anchored in major sea ports; petroleum industry installations; plane crashes; and other similar activities

2. Be responsible for the enforcement of the Fire Code of the Philippines (PD 1185) and other related laws;

3. Shall have the power to investigate all causes of fires and if necessary, file the proper complaint with the city or provincial prosecutor who has jurisdiction over the case;

4. In the time of national emergency, all elements of the BFP shall upon direction of the President, assist the AFP in meeting the national emergency; and

5. Shall establish at least one (1) fire station with adequate personnel, firefighting facilities and equipment in every provincial capital, city and municipality subject to standard rules and regulations as maybe promulgated by

Fire Safety Inspection Certificate (FSIC) Source: New BFP Citizens Charter (http://bfp.gov.ph/wp-content/uploads/2013/11/New-BFP-Citizen-Charter-FSIC.pdf )

Availability of Service: Monday to Friday (except holidays), 8:00 am to 5:00 pm

For New Business Permit with Valid FSIC Issued During Occupancy Permit Stage

Documentary Requirements: 1. Certified true copy of valid occupancy permit; 2. Photo copy of FSIC for occupancy permit; 3. Assessment of business permit fee /tax assessment bill from BPLO; and 4. Copy of fire insurance policy (if any)

Procedure:

1. Apply for FSIC using the Unified Form with complete documentary requirements; 2. Wait for the release of Order of Payment (OP); 3. Pay the assessed amount and submit copy of receipt of payment to Customer Relations Officer; 4. Receive Claim Stub; and 5. Owner/Authorized Representative presents Claim Stub.

Processing Period: One (1) Working Day

Fees: 10% of all fees charged by BPLO in granting business permit. (Other fees/taxes prescribed under RA 9514 and its IRR not assessed and collected during application period will be assessed and collected after regular fire safety inspection)

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 105

For New Business Permit without Valid FSIC Issued During Occupancy Permit Stage

Documentary Requirements: 1. Assessment of Business Permit Fee; 2. Tax Assessment Bill from BPLO; 3. Endorsement from Building Official(BO)/Certificate of Completion; 4. Certified True Copy of Assessment Fee from Securing Occupancy Permit from BO; and 5. Copy of Fire Insurance Policy (if any)

Procedure:

1. Apply for FSIC using the Unified Form with complete documentary requirements; 2. Wait for the release of Order of Payment (OP); 3. Pay the assessed amount and submit copy of receipt of payment to Customer Relations Officer; 4. Receive Claim Stub; and 5. Owner/Authorized Representative presents Claim Stub.

Processing Period: Three (3) Working Days if no violation found during inspection

Fees: 10% of all fees charged by BPLO in granting business permit. (Other fees/taxes prescribed under RA 9514 and its IRR not assessed and collected during application period will be assessed and collected after regular fire safety inspection)

Renewal of FSIC for Business Permit without Valid FSIC or Expire FSIC / With Existing Violation of the Fire Code / Included in the Negative List

Documentary Requirements: 1. Photocopy of Previous FSIC (if any); 2. Assessment of Business Permit/Tax or Assessment Bill from BPLO; and 3. Copy of Fire Insurance Policy (if any)

Procedure:

1. Apply for FSIC using the Unified Form with complete documentary requirements; 2. Wait for the release of Order of Payment (OP); 3. Pay the assessed amount and submit copy of receipt of payment to Customer Relations Officer; 4. Receive Claim Stub; and 5. Owner/Authorized Representative presents Claim Stub.

Processing Period: Two (2) Working Days if no violation found during inspection

Fees: 10% of all fees charged by BPLO in granting business permit. (Other fees/taxes prescribed under RA 9514 and its IRR not assessed and collected during application period will be assessed and collected after regular fire safety inspection)

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 106

For Renewal of Business Permit

Documentary Requirements: 1. Photocopy of Previous FSIC (issued in the immediately preceding year); 2. Assessment of Business Permit/Tax or Assessment Bill from BPLO; and 3. Copy of Fire Insurance Policy (if any)

Procedure:

1. Apply for FSIC using the Unified Form with complete documentary requirements; 2. Wait for the release of Order of Payment (OP); 3. Pay the assessed amount and submit copy of receipt of payment to Customer Relations Officer; 4. Receive Claim Stub; and 5. Owner/Authorized Representative presents Claim Stub.

Processing Period: One (1) Working Day if no violation found during inspection

Fees: 10% of all fees charged by BPLO in granting business permit. (Other fees/taxes prescribed under RA 9514 and its IRR not assessed and collected during application period will be assessed and collected after regular fire safety inspection)

For Occupancy Permit

Documentary Requirements: 1. Endorsement from BO/Certificate of Completion; and 2. Certified True Copy of Assessment Fee for Securing Occupancy Permit from BO

Procedure:

1. Apply for FSIC for Occupancy Permit using the standard application form including the requirements; 2. Wait for the release of Order of Payment (OP); 3. Pay the assessed amount and submit copy of receipt of payment to Customer Relations Officer; 4. Receive Claim Stub; and 5. Owner/Authorized Representative presents Claim Stub.

Processing Period: Three (3) Working Days if no violation of the Fire Code and its IRR has been noted during inspection

Fees: 10% of all fees charged by BO in granting Occupancy Permit

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 107

DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT) Source: https://commontower.gov.ph/ (Updates as of 17 November 2020) Independent Tower Company Registration All entities engaged in the business of constructing, managing, or operating one or more Passive Telecommunications Tower Infrastructures (PTTIs) in the Philippines shall apply for registration with the DICT,

Minimum Qualifications for ICT Registration:

Applicant ITCs should have at least the relevant construction experience, registration, license, and financial capacity of, or equivalent to, a contractor falling under Category A or higher of the Philippine Contractors Accreditation Board to qualify.

Documentary Requirements:

1. Duly accomplished and notarized Application Form 2. Cover Letter e-signed using PNPKI Digital Certificate as required under DC No. 011, s. 2020. 3. Board Resolution or notarized Secretary’s Certificate designating an Authorized Representative to file the application 4. Securities and Exchange Commission (SEC) Certificate of Registration 5. SEC Articles of Incorporation 6. By-Laws 7. Latest General Information Sheet (GIS) 8. Latest Audited Financial Statements stamped received by the Bureau of Internal Revenue (BIR) 9. BIR Registration 10. Mayor’s/Business Permit for the current year 11. Board Resolution or notarized Secretary’s Certificate authorizing the filing of the application 12. Notarized Corporate Certification indicating that no MNO or “Related Party” thereto, as defined by the rules and regulations issued by the SEC, owns, directly or indirectly, any equity, whether in whole or in part, in the ITC 13. Acceptable documentary evidence indicating that the applicant, or any of its joint venture partners or affiliates, has the relevant construction experience, registration, license, and financial capacity of, or equivalent to, a contractor falling under Category A, or higher, of the PCAB

Procedure:

1. Fill-up Application Form accessible at: ITC Registration Page (https://commontower.gov.ph/registration/), and attach complete documentary requirements. 2. Verify contents and attachments, and confirm submission of online application. 3. Print-out and sign under oath the generated Application Form. 4. Submit the duly signed and executed Application Form complete with supporting documentary requirements to the DICT, either personally or by courier/mail, postage prepaid, in accordance with DC 011 (s. 2020). 5. The DICT authorized personnel shall checklist the documentary submissions. If incomplete, the Applicant shall be informed of any additional information/document

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 108

required. If complete, the Order to Pay the initial Processing Fee for Phase I review shall be sent to the Applicant. The Applicant shall be contacted through the contact details provided in the Application Form. 6. The Applicant should pay the initial Processing Fee and send proof of payment to DICT via email reply to [email protected]. 7. After confirming payment of initial Processing Fee, DICT shall commence review of the application. 8. If application is denied, the Applicant will be notified of the reason for disapproval. 9. If application is approved, the Applicant will receive an Order to Pay the balance amount as Processing Fee for Phase II review. 10. After complete payment of Processing Fee for Phase II, the Applicant shall send proof of payment to DICT via email reply to [email protected]. 11. Within a reasonable time after confirming full payment of the Processing Fees, approved ITC Certificate of Registration will be mailed directly to the Applicant via courier, or may be picked up from the DICT Central Office, at the option of the Applicant.

Validity: Five (5) years and renewable for the same period.

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 109

DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST) Source: DOST Administrative Circular No. 002 (s. 1992) on DOST Guidelines for Certification of Foreign Investments in Advanced Technology

Certification of Foreign Investments in Advanced Technology Advanced technologies are high technologies or emerging technologies. These are based on modern scientific knowledge of biological and physical sciences, and require advanced knowledge of solid state physics, chemistry, materials science and engineering, information technology.

Advanced technology shall also include a higher degree or form of technology than what is domestically available and needed for the development of certain industries, as shall hereinafter be prescribed.

Criteria for DOST Certification:

In addition to the definition of Advance Technology, all applications shall be evaluated in accordance with the following criteria in so far as are applicable:

1. Extent to which technological advances are applied and adapted to local conditions; 2. Impact on productivity and efficiency; 3. Innovativeness/novelty of the product/processes or equipment to be developed; and 4. Extent of technology transfer to local manpower

Preference for fifteen (15) Leading Edges and Job-Creating Industries

In areas involving advanced technology for which the DOST may give certification, the areas included in the fifteen (15) leading edges under the Science and Technology Master Plan (STMP) of which emerging technologies is one, as well as job-creating industries or enterprises shall be given preference.

15 Leading Edges as identified by DOST:

• Agriculture • Marine Fisheries and Aquaculture • Construction Industry • Electronics, Instrumentation, and Controls • Energy • Food and Feed Industry • Forestry and Natural Resources • Information Technology • Metals and Engineering • Mining and Minerals • New and Emerging Technologies • Pharmaceutical Industry • Processing • Textiles • Transportation

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 110

Documentary Requirements:

Pre Evaluation Requirements Before the DOST shall act on any application for certification, the following must be complied with or satisfactorily shown:

1. Duly accomplished application form as prescribed by the DOST (Annex A), together with the documents or exhibits in support of the requirements under Nos. 2 and 3 below, as follows: a. Securities and Exchange Commission (SEC) Certificate of Registration, and Articles of Incorporation/Partnership and By-Laws; i. For a new project, this may be submitted as part of pre-registration requirements. ii. For existing and expanding projects whose existing operating is not registered with the Board, this must be submitted. iii. For expanding project, whose existing operation is registered with the Board, this requirement is waived. b. Copy of the company’s Audited Financial Statement (AFS) and Income Tax Return (ITR) for the past three (3) years or for the period the applicant has been in operation if less than three (3) years. c. Board Resolution authorizing an officer to sign in behalf of the applicant enterprise. For domestic existing and expanding projects whose existing operations are not registered with the Board, this must be submitted, otherwise this may be waived; and d. Project Report or Feasibility Study i. For the activities listed in the IPP (new) ii. For the activities listed in the IPP (Expansion, Different Product Line) iii. For the activities listed in the IPP (Expansion, same Product Line) iv. Existing Projects 2. Presentation by the applicant of any specific description of the line of activity, business, technology, or any such description that would indicate the areas in which the applicant is intending to invest, together with a project report or feasibility study; 3. That once approved, the applicant will and has the capability to invest in areas involving advanced technologies, which may be shown by appropriate documents. The applicant must also submit a foreign investor backgrounder or profile that must include the areas of technology, activity or business it has already ventured into, here or abroad.

Note: Proof of financial capacity (Sworn Statement of Assets and Liabilities and latest Income Tax Return) of Principal Stockholders may be required only for new products and on a case to case basis.

Environmental Assessment

If considered necessary by the DOST, an assessment of the impact on ecology and the environment may be required in accordance with existing laws.

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 111

Procedure:

1. Applicants must accomplish three (3) copies of the Application Form which can be obtained from the Office of the Undersecretary for Research and Development, DOST, the One Stop Action Center of the Board of Investments (BOI), the Department of Trade and Industry, and the Securities and Exchange Commission (SEC). 2. These shall be submitted, together with the requirements, to the Office of the Undersecretary for Research and Development, DOST. The Undersecretary for Research and Development, or his assigned representative, shall check the application for completeness, after which it shall be indicated that the application had been duly accepted. 3. The Undersecretary for R&D shall then proceed to evaluate the application according to the criteria enumerated under Section D hereof and shall render a decision within fifteen (15) working days from official receipt of the application. After the application had been approved, and a certification is issued, the Office of the Undersecretary for R&D shall cause to transmit one copy thereof to the applicant, and another copy to the SEC or the Bureau of Trade Regulation and Consumer Protection (BTRCP) as the case may be.

Note:

The Undersecretary for Research and Development of the DOST may, after evaluating any application according to the criteria herein provided, approve such application and issue a certification therefore under his signature. The Secretary, DOST, however, may in appropriate cases, review such approval and accordingly alter, modify or otherwise reverse such approval which will result in the cancellation of any certificate issued in connection therewith.

Any application disapproved by the Undersecretary for R&D may be appealed to the Secretary, DOST, within 60 days from receipt of such disapproval.

The certification issued in accordance with the guidelines set shall serve only as proof that the area in which the investment is to be made involves advanced technology, as determined herein, and does not give any other right whatsoever, to the recipient thereof. Such certification is being issued as a requirement for registration under Republic Act No. 7042 otherwise known as the Foreign Investments Act of 1992.

Filing Fee: PhP 500.00

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DEPARTMENT OF TOURISM (DOT) Source: http://www.tourism.gov.ph/files/DOT%20Citizen's%20Charter%202019%2012-6-19.pdf (s. 2019)

The Department of Tourism (DOT) is the primary government agency charged with the responsibility to encourage, promote, and develop tourism as a major socio-economic activity to generate foreign currency and employment and to spread the benefits of tourism to both the private and public sector.

Application for Star Rating (New) The Star Rating System shall refer to the national system of classification of hotels, resorts and apartment hotels based on the National Accommodation Standards using a five-level accommodation standards ranging rating such type of accommodation on a scale of one to five stars.

Office: Office of Tourism Standards and Regulation

Who may avail: Hotels. Resorts, Apartment Hotels

Documentary Requirement: Letter of Intent

Process

PROCESSING CLIENT STEPS AGENCY ACTIONS TIME

Receive request and send a Memorandum of Endorsement to the Office of Tourism Standards and Regulation (OTSR) endorsing the request audit for Star Rating Assessment.

Submit letter request for Note: DOT shall not accept star rating assessment Star Rating Classification requests without accreditation application or valid 1 day to the DOT Regional Office accreditation.

If the request was sent directly to TRCRG, OTSR shall coordinate with the Regional Office for the scheduling of assessment

Schedule inspection (first come, first serve basis), Prepare and wait for coordinate with a Third Party Assessor and prepare 7 days inspection team audit kits and documents.

Assess the compliance of the establishment based on 8 hours the National Accommodation Standards

Submit encoded audit findings, comments and photo General documentation thru email and submit the original 3 days Manager/Authorized audit booklet to SMED. Representative should be present during the time of Review the assessment report based on the Audit audit. Booklet, validation of points, mandatory and minimum requirements 1 day Prepare the Confirmation Memorandum for the Regional Office to be signed by the OTSR Director.

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 113

Review and confirm assessment results. 1 day

The Regional Director shall confirm the result through an official memo.

Note: The original copy of the audit report shall be 1 day signed by the Regional Director and Accreditation Officer and must be returned to SMED through registered mail/ courier service.

Prepare Assessment Result Letter and final Audit Report copy

Note: If points garnered is more than 250 points and have complied with all the Mandatory and Minimum Requirements, the Establishment shall be issued its 1 day corresponding star classification If points garnered is within 201-250 & complied Mandatory & Minimum requirements, Regular Accreditation shall be issued

Affirm and recommend to the TRCRG Undersecretary the approval of star rating classification

Approve the Star-Rating classification and forward to the OTSR Officer.

If not approved, TRCRG Undersecretary shall return to 1 day OTSR the assessment result to further review the assessment findings

Release Assessment Result Letter to the property together with the Audit Report Copy through electronic and registered mail of DOT Records Section. Receive assessment result.

Note: If not amenable with the result, the Establishment shall request for a reassessment/file an appeal within 15days from receipt of registered mail with return card. T

Processing Period: 15 days, 8 hours

Fee: None

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 114

Endorsement of Tourism Development Projects to the Board of Investment (BOI) and Philippine Economic Zone Authority (PEZA) Procedure for agency endorsement of tourism development projects to appropriate government agencies for the availment of business incentives and grant of permits, clearances and franchises

Office: Project and Investment Evaluation Division

Who may avail: Qualified private proponents planning to invest in tourism priority areas/activities listed in the Investment Priorities Plan (IPP).

Documentary Requirements

General Requirements

1. DOT OTSR PIED Form 001 2. Municipal/City Government’s certification or approval of development project/activity in favor of the proponent/owner/Building Permit/Environmental Compliance Certificate 3. Project Description Outline 4. Feasibility Study with statistical data that shows the need to construct an additional accommodation facility in the concerned location/region (Accommodation Establishments only) 5. Vicinity/Location Map & Site Development Plan 6. Typical floor plans & elevators of all structures & facilities preferably signed by a Licensed Architect. Exterior perspective or 5” x 7” reproduction of the same. Facilities for PWD to include room allocation. One PWD room for every 50 up to 150 rooms, and 1 for every 100 rooms thereof, for less than 50 rooms at least one PWD room 7. Copies of the Bureau of Lands Location (Survey) Plan and Certificate of Land Ownership or Lease Contract or Rights or any agreement entered into for the development of the land. In the absence of the title/s to the property/ies, submit Affidavit of Ownership

Specific Requirements

1. For Corporation/Partnership/Association and Other Entities: a) Certified true copy of the applicant’s Articles of Incorporation/Partnership (amended copy, if applicable) b) Notarized Board Resolution authorizing the following: • Authority to sign the application • Authority to transact business with the Department • Authority to file the application 2. For Single/Sole Proprietorship: a) Notarized authorization letter from the owner authorizing the following: • Authority to transact business with the Department • Authority to file the application certified true copy of the applicant’s Bureau of Trade and Consumer Protection • Certificate of Registration (BTCPCR) issued by DTI.

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 115

Process

PROCESSING CLIENT STEPS AGENCY ACTIONS TIME Visit the reception area to get a Visitor’s Identification Card and Service Feedback Form Check the purpose of the visit, request the from the agency deposit of a valid identification card, and 1 minute Security Officer and requests the client to register in the logbook proceed to the Project and Investment Evaluation Division (PIED) Complete application documents are received Submit the DOT OTSR and submitted to Division Chief task delegation. PIED Form 001 and the 5 minutes Documentary Incomplete application documents will be Requirements. returned to the proponent for completion. Evaluate documents and prepare transmittal memorandum to the Office of the Undersecretary for TRCRG and Endorsement 1 day Letter to BOI/PEZA together with the letter to proponent Application then submit to the Division Chief for review and initial. Review transmittal memorandum and Endorsement Letter to BOI/PEZA and forwards 1 day to the OTSR Director for recommending approval. Endorse to the TRCRG Assistant Secretary for 1 day initial.

Forward to the TRCRG Undersecretary 30 minutes signature. Sign the Endorsement Letter to BOI/PEZA and 3 days remands the same to PIED for release. Affix seal on the signed endorsement and 15 minutes released to the proponent.

Processing Period: 6 days, 41 minutes

Fee: None

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 116

Progressive Accreditation System (PAS)

Documentary Requirements:

Accreditation of Primary Tourism Enterprises

Basic Regular Accreditation Premium Accreditation Registration Accommodation Valid Mayor’s Permit and/or Business License Valid Comprehensive Valid Comprehensive General General Liability Insurance Liability Insurance Policy

Policy (Minimum amount of (Minimum amount of coverage – coverage – PhP500,000.00) PhP1,000,000.00) Hotel, Resort, Concerned employees must Apartment have appropriate certification Hotel (e.g. Housekeeping, Front Office, Food and Beverage, Food Production) Quality Recognition and/or Awards received from reputable institutions Travel and Tour Services Valid Mayor’s Permit and/or Business License

Proof of working capital of PhP500,000.00 For Corporation / Partnership / Cooperative – Audited Financial Statements or PhP500,000.00 Paid-Up / any documents to prove that the

Partners capital establishment has a minimum of For single proprietorship – PhP1,500,000.00 working capital original copy of bank certification with cheque Travel and writer tour Agencies For General Manager, proof of three (3) years managerial experience in travel and tour agency operations or proof of

passing a travel and tour operator management course conducted by a DOT accredited training center Proof of Membership of good standing from any duly

recognized national or international associations Recognition/Commendation or Awards received from duly

recognized institutions of associations For Online Travel Agencies (OTA’S) Valid Mayor’s Permit and or Travel and Municipal License tour Agencies Not Applicable Contract of Lease for the Not Applicable occupied office or certificate of title of the office

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Basic Regular Accreditation Premium Accreditation Registration Barangay Clearance Accommodation Valid Mayor’s Permit and/or Business License Valid LTFRB Tourist Transport Service Franchise of the Vehicles Tourist Land Transport Not Applicable LTO Certificate of Registration of Vehicles Operator LTFRB Confirmation of Units of the current year Proof of attendance to DOT conducted Seminar for Tourist Drivers Meetings, Incentives, Conventions and Exhibitions (MICE) Valid Mayor’s Permit and/or Business License Proof of successful handling of at least five (5) domestic and international events organized, Company Profile/Portfolio managed and serviced with a minimum of 1,000.00 participants per event or at least 100 exhibitors Audited Financial Audited Financial Statements Statements reflecting a reflecting a minimum working minimum working capital of MICE capital of PhP1,000,000.00 Organizer PhP500,000.00 For the General Manager, documents to prove a minimum of three (3) years relevant experience in event organizing or proof

of attendance to a PCO/Event Organizer’s Training or its equivalent Proof of Membership of good standing to any duly recognized

MICE Organizations/Associations Award/Commendation received from reputable institutions/organizations Valid Mayor’s Permit and/or Business License Valid Comprehensive Valid Comprehensive General General Liability Insurance Liability Insurance with amount with amount of not less than MICE of not less than PhP1,000,000.00 Facility/Venue PhP500,000.00 Quality Assurance Certification / Award given by an international or national organization

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Accreditation of Secondary Tourism Enterprises

14. Valid Mayor’s Permit and/or Municipal License from LGU; 15. Business Registration; a. SEC Certificate of Registration, Articles of GENERAL REQUIREMENTS Incorporation/Partnership, By-Laws, and amendments FOR ACCREDITATION if any; or

b. DTI Business Name Registration Certificate (for single (Required for all types of proprietorship) entities) 16. Valid visa from Bureau of Immigration and employment permit from DOLE (for foreign nationals); and 17. Fire Safety Inspection Certificate (for standalone structures) Medical Concierge: Notarized list of affiliated dentists, medical doctors, and DOT accredited establishments Ambulatory Clinic: 1. Valid PRC license of medical and dental doctors; and 2. Valid License to Operate from the Bureau of Health Facilities Health and Wellness and Services of the Department of Health Services Spa: Valid DOH License as duly registered massage therapist for massage supervisors Tertiary Hospital: Valid License to operate from the Department of Health Department Store / Agri-Tourism Farm and Facility / Restaurant / Specialty Shop / Museum / Gallery / Tourism Recreational Facility : General requirements for Accreditation Tourism Training Center: List of Training Programs/Modules Approved by DOT Dive Shop: Valid Certificate of accreditation from the Philippine Tourism-Related Enterprises Commission on Sports Scuba Diving Ecotourism Facility: If located in a protected are, Memorandum of Agreement with the Protected Area Management Board of Protected Area Wildlife Bureau, whichever is applicable Shooting Range: Valid license from the Bureau of Firearms and Explosives Division of the Philippine National Police Rest Area: Valid Mayor’s Permit and/or Municipal License only Tour Guides (Mountain Guide/Cave Guide/Ecoguide)* 1. Certificate of attendance to Tour Guiding Seminar by DOT or any DOT accredited training center; 2. Valid Health Certificate; and 3. Valid NBI Clearance

Tourism Frontliners *Standards under review Tourism Trainer 1. Proof of experience and knowledge of the subject matter handled; 2. Copy of Training programs as approved by the DOT/TIBFI 3. Valid Health Certificate; and 4. Valid NBI Clearance

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 119

Procedure

STEP APPLICANT DURATION Securing of Secure Self-Assessment Form (SAF) / Application Application Form from the respective DOT Regional Office or DOT Website;

Determine the establishments’ level of compliance (Basic Registration, Regular Accreditation, Premium/Star-Rating Accreditation) based on the SAF/Application Form;

Submit duly accomplished SAF/Application Immediately upon receipt up to Form with the required documents to apply one (1) working day for accreditation and Letter of Intent for Star-Rating to the concerned DOT Regional Note: For tourist operators with Office; ten (10) to 19 units, within three (3) working days upon receipt of complete and correct documents. For more than 20 units, within five (5) working days upon receipt of complete documents

Actual Prepare and wait for DOT inspection team to Within 14 working days Inspection of visit the establishment the Note: With due considerations to Establishment geographic locations, budget processing and other logistics

Payment Pay the DOT Cashier the corresponding accreditation fees (for regular and premium applications and those with request for extension of basic registration

Issuance of Secure Certificate of Registration, Certificate Immediately upon full payment Certificate of of Accreditation, DOT Quality Seal Sticker, Registration, DOT IDs (if any). Accreditation (Regular or Premium/Star- Rating) Quality Seal Sticker and Plaque

END OF TRANSACTION

Note: Only applications with complete documents will be processed and scheduled for inspection.

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Accreditation Fees

Primary Tourism Enterprises

Accommodation Type of Tourism Accreditation Fee Accreditation Classification Other Fees Validity Enterprise B R PS Period Hotel, Resort, 5 Star 8,500.00 300.00 2,500.00 Apartment Hotel 4 Star 7,500.00 (Sticker (Plaque Fee) Fee) Request for 3 Star 6,500.00 Duplicate 2 Star 5,500.00 Regular 1 Star 4,500.00 Two (2) 5,000.00 30,000.00 Years (Re- Regular 2,000.00 (Re- August 01 to assessment assessment Mabuhay 500.00 Fee) For October 31 1,400.00 2,100.00 Fee) Premium Accommodation HTL/RST/APA Three (3) Homestay 150.00 Years (Lost Certificate/ID) 600.00 900.00 Upon submission of Letter Request and Affidavit of Loss

Travel and Tour Services Type of Tourism Accreditation Fee / Unit Accreditation Classification Other Fees Validity Enterprise B R PS Period Tourist Land Bus 700.00 1,050.00 300.00 150.00 Transport Coaster / (Sticker (Lost 400.00 600.00 Fee) per Certificate/ID) Operator Mini Bus pair Upon Van 300.00 450.00 submission of Letter Regular Minimum of Request and Two (2) Three (3) Units Car 200.00 300.00 Affidavit of Years February 01 Loss Tourist Water to April 30 Premium Transport Vessel Three (3) Operator 300.00 Years 1,400.00 (Sticker Fee) Tourist Air (Establishment) Transport Aircraft Operator

Travel and Tour Services Type of Tourism Accreditation Fee Accreditation Classification Other Fees Validity Enterprise B R PS Period Travel and Tour Main Office 5,000.00 7,500.00 Agencies 150.00 Regular • Travel Agency (Lost Certificate/ID) Two (2) • Travel and Tour Branch Office 3,000.00 4,500.00 300.00 Upon April 01 to Years Agency N/A (Sticker submission June 30 • Tour Operator Fee) of Letter Premium Online Travel Request and Three (3) • Online Travel Affidavit of 5,000.00 N/A Years and Tour and tour Loss Agency Agency

Meetings, Incentives, Conventions and Exhibitions (MICE) Type of Tourism Accreditation Fee Accreditation Classification Other Fees Validity Enterprise B R PS Period 150.00 Regular MICE Operator 1,400.00 2,100.00 (Lost Certificate/ID) Two (2) 300.00 Upon April 01 to Years (Sticker submission MICE Fee) of Letter June 30 2,800.00 4,200.00 Premium Request and Three (3) Facility/Venue Affidavit of Loss Years

Tourism Frontliner Type of Tourism Accreditation Classification Accreditation Fee Other Fees Validity Enterprise Period Tour Guide 150.00 150.00 (Lost Certificate/ID) May 01 to One (1) 30.00 (Sticker Fee) Upon submission of Letter Request and June 30 Year Affidavit of Loss

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Secondary Tourism Enterprises

Health and Wellness Services Type of Tourism Accreditation Accreditation Fee Other Fees Validity Enterprise Period Ambulatory Clinics 1,000.00 Medical Concierge 1,000.00 100.00 July 01 to One (1) Year Spa 1,000.00 (Sticker Fee) August 31 Tertiary Hospitals 2,000.00 Two (2) Years

Tourism Related Enterprises Type of Tourism Accreditation Accreditation Fee Other Fees Validity Enterprise Period Agri-Tourism 1,000.00 Farm/Site Department Store / Shopping Mall / 300.00 Specialty Shop Galleries 300.00 Museums 300.00 Restaurants 300.00 Tourism 300.00 100.00 Entertainment Anytime One (1) Year (Sticker Fee) Complex Tourism 300.00 Recreational Facility Tourism Training 300.00 Center / Institute Rest Areas / 300.00 Restrooms Zoos 300.00

Tourism Frontliner Type of Tourism Accreditation Accreditation Fee Other Fees Validity Enterprise Period May 01 to Tourism Trainer 150.00 30.00 One (1) Year (ID Fee) June 30

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Accreditation of Dive Establishments A certification issued by the PCSSD recognizing the holder’s compliance with the minimum standards required in the operation of a sports scuba diving establishment.

Office: Philippine Commission on Sports SCUBA Diving

Who May Avail:

Any establishment organized under Philippine laws and duly registered with concerned government agencies/authorities engaged in sports scuba diving activities, whether or not for a fee, such as:

• Dive Center • Dive Resort • Dive Shop (Wholesale and Retail Shop) • Air Refilling Station

Documentary Requirements

General Requirements

1. Accomplished the Online Application Form (1 original copy to be printed by Accreditation Officer) http://www.divephilippines.com.ph/ 2. Mayor’s Business permit (1 photocopy or scanned copy) 3. DTI or SEC Certificate (1 photocopy or scanned copy) 4. Accident Management Plan (1 scanned copy) 5. Company Logo (high resolution) 6. Proof of Deposit/Deposit Slip (scanned copy) 7. To be checked during random inspection: a) First-Aid Kit; b) Oxygen (O2) Facility (with nonrebreather mask and regulator that delivers 15L/min); and c) Spineboard

Specific Requirements

Disclosure on their application as to the hiring of foreign employee/s (whether or not on full-time capacity) together with the submission of the corresponding documentary requirements (1 photocopy), to wit: a. Alien Certificate of Registration (ACR); b. Valid Working Visa; c. Alien Employment Permit (AEP); d. d. Special Resident Retiree’s Visa (SRRV) or Special Investor’s Resident Visa (SIRV)/ Employment Permit (AEP) (if applicable); and e. Special Working Permit (SWP)

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Process

PROCESSING CLIENT STEPS AGENCY ACTIONS TIME Accomplish the application form Acknowledge the receipt of the 3 minutes directly from the PCSSD’s website application. and click submit.

OR Review the application form and inform Download the application form, fill- the applicant of the documentary 30 minutes out the same and submit the scanned requirements to be submitted. copy to the PCSSD email address: [email protected] Send an email detailing the payment procedure to the compliant applicant/s. Submit complete scanned copies of 30 minutes all the documentary requirements. If incomplete, a notification will be sent instructing the submission of the complete documentary requirements Acknowledge receipt of proof of payment 5 minutes (deposit slip).

Process the Order of Payment, and 30 minutes Pay the full amount of the required assist applicant to the Cash Division for Accreditation Fees via bank deposit the issuance of official receipt and submit proof of payment through PCSSD email address, Accreditation Officer to process Order of Payment with submitted deposit slip for [email protected] 30 minutes submission to DOT-Cash Division for OR processing of Official Receipt. Verify payment from Landbank of the 2 days Proceed to the PCSSD-DOT Office to Philippines. personally pay the Accreditation Fee If payment is confirmed, tag and schedules applicant as for inspection. 5 minutes (Based on the availability of logistical requirements) Random Inspection Accreditation /Inspection officers to • Verification of declared facility, conduct the random inspection. (within 15 1 day equipment, foreign and local days from the scheduling thereof) employees, etc. • Air quality test (tests oil mist, Accreditation officers to issue water vapor, carbon monoxide accreditation certificate if no discrepancy 10 minutes and carbon dioxide content with the inspection.

Fees: PHP5,000.00

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LAND TRANSPORTATION OFFICE (LTO) Source: LTO 2019 Citizens’ Charter https://www.lto.gov.ph/images/Transparency/2019/Citizens_Charter/2019_Citizen's-Charter-of-Land- Transportation-Office.pdf (s. 2019)

Accreditation of Manufacturers, Assemblers, Importers, Rebuilders, and/or Dealers (MAIRDs)

Documentary Requirements

1. Duly accomplished application form under oath 2. Certified true copy of Mayor’s Permit/s specifying the classification of business or Business Permit applying for: a) Plant, if applying for manufacturer, assembler and rebuilder b) Warehouse, if applying for importer c) Display Center, if applying for dealer 3. Affidavit of Undertaking by Sole Proprietor or highest ranking company official in the Philippines that all stocks to be reported and sold are compliant with all Philippine laws, rules and regulations relating to manufacture, assembly, importation, sale, registration and/or use in the Philippines 4. Certification that the applicant has undergone the Orientation on accreditation 5. Additional requirement/s if applying as: a) Assemblers – Certified True Copy of DTI Board of Investments (BOI) Certificate of Membership b) Rebuilders – Certified True Copy of DTI Certificate of Accreditation of Rebuilding Center c) Dealer - Photocopy of sales invoice approved by BIR

Procedure

PROCESSING PERSON CLIENT STEPS AGENCY ACTION TIME RESPONSIBLE 1. Submits application 1. Receives application and evaluates the 15 Minutes MAIRDs and requirements completeness of the requirements Secretariat, Regional Office/ 1.1 Receives POS 1.1 Issues Payment Order Slip (POS) Central Office 2. Proceeds to the 2. Accepts payment and issue manual Official 10 Minutes Cashier, cashier for Receipt (OR) Operations payment of fees. Division (RO/CO) 2.1. Receives the OR 2.1 Furnishes the MAIRDs Secretariat with the File Copy of the OR 3. No activity 3. Inspects the establishment and prepares 2 Days Inspector/s Inspection Report (Regional Note: In the event of Accreditation findings of deficiency 3.1 Informs the applicant of the deficiency Committee or nonconformity, the or nonconformity, if there is any, through Members/ applicant shall be formal writing. Staff, CO required to comply Operations within five (5) days 3.2 Submits the Inspection Report with the Division) upon receipt of notice. requirements to the Regional MAIRDs Accreditation Committee/CO Operations Division. 4. No activity 4. Reviews the recommendation in the 2 days Regional Inspection Report and forwards the Accreditation application to the Regional Director for Committee,

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endorsement to Central Office (in the case of Chairperson / applicant from the Region) or to the Chief, Chief, Operations Division (CO) Operations Division 4.1 Receives POS 4.1 Prepares endorsement of the /MAIRDs application to the Assistant Secretary Secretariat through Operations Division, Central Office

4.2 Advises the applicant to pay the accreditation fee and other charges. Issues POS. 5. Proceeds to the 5. Collects payment and issues manual 10 Minutes Cashier, cashier for Official Receipt (OR) Operations payment of fees Division (RO/CO) 5.1 Receives the OR 5.1 Furnishes the MAIRDs Secretariat with the File Copy of the OR 6. No activity 6. Endorses the application to the Assistant 1 day Regional Secretary thru the Operations Division, Director / Central Office MAIRDs Secretariat 6.1 Transmits the application to the Central Office thru the Operations Division either electronically or thru courier

*In the case of application directly submitted to the CO, skip these steps 7. No activity 7. Reviews and recommends approval of the 2 days Chief, application for accreditation Operations Division (CO) / 7.1 Prepares the Certificate of Accreditation Secretariat

7.2 Assigns accreditation number for uploading and issuance of provisional authority at the Regional Level.

7.3 Uploads the accreditation number.

7.4 Advises the Regional Office on the issuance of provisional authority and the uploaded accreditation number 8. Receives the 8. Issues Provisional Authority to the 1 day MAIRDs Provisional applicant Secretariat/ Authority Regional Director 9. No activity 9. Countersigns the Certificate of 1 day Executive Accreditation Director 10. No activity 10. Approves and signs the Certificate of 1 day Assistant Accreditation Secretary 11. No activity 11. Forwards the Certificate of Accreditation to 2 days Releasing Clerk the Regional Office except LTO NCR 12. Receives the 12. Releases the Certificate of Accreditation 5 minutes MAIRDs Certificate of Secretariat Accreditation

Processing Period: 12 Days, 35 Minutes

Fees:

Legal Charges - PhP10.00 Application Fee (New Application) - PhP500.00 Accreditation Fee - PhP3,000.00/classification

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Initial Registration of Motor Vehicles

Documentary Requirements

CHECKLIST OF REQUIREMENTS WHERE TO SECURE Brand New Locally Assembled / Manufactured Completely Built Units (CBU) / Imported CBUs / Brand new local imported trailer General Requirements 1. Original Sales invoice Accredited Manufacturer / Assembler / Importer / Rebuilder / Dealer (MAIRD) 2. Original LTO Copy or electronically transmitted appropriate Accredited insurance insurance companies by the Insurance Certificate of Cover (COC) Commission 3. Original Philippine National Police -Highway Patrol Group (PNP- PNP-HPG MV Clearance HPG) Motor Division Vehicle (MV) Clearance Certificate and Special Bank Receipt (SBR) 4. Original Certificate of Stock Reported (CSR) Accredited MAIRD 5. Payment Reference Number if payment is made through e-PAT LANDBANK Link.BizPortal Additional Requirements A. Brand new motorcycle with sidecar (TC) Original Affidavit of Attachment for sidecar executed by the Owner, mechanic owner and mechanic stating among other the date of completion B. Tax Exempt 1. Original Certificate of Payment (CP) Bureau of Customs (BOC) 2. Original duly accomplished Motor Vehicle Inspection Report LTO DO / EO, Motor Vehicle (MVIR) if imported second hand Inspection Center (MVIC) 3. Original Certificate of Compliance to Emission Standards LTO RO (CCES) if imported second hand C. Used-Imported a. exempted from EO 156/877-A 1.One copy of Commercial invoice / Certificate of Title Country of Origin 2. Original duly accomplished MVIR LTO DO / EO , MVIC 3. Original CCES (result of emission test) LTO RO b. through the no dollar importation 1. One copy of Commercial invoice of MV or Certificate of Country of origin Title issued by the country of origin 2. Original / certified true copy of Authority under the No Department of Trade and Dollar Importation. If no authority, Seizure Proceedings and Industry -Fair Trade Notice of Award Enforcement Bureau (DTI - FTEB) 3. Original Affidavit of first and last importation BOC 4. Original duly accomplished MVIR LTO DO / EO, MVIC 5. Original CCES (result of emission test) LTO RO D. Rebuilt trucks and buses a. With new or used imported engine and/or chassis 1. Original or one photocopy of Commercial / Sales Invoice Country of origin from country of origin 2. Original Affidavit of Rebuilt executed by the owner and/or Accredited rebuilder mechanic, with TESDA NC II (mechanic), stating among others the date of completion 3. Original CSR of rebuilt truck / bus Operations Division of Central Office, Regional Office

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4. One Certified true copy of DTI – FTEB Endorsement DTI - FTEB b. With new or used imported engine and/or chassis combined with a previously registered component of not more than 5 years from the date of the initial registration 1. Original Sales Invoice of body Accredited rebuilder 2. One Certified true copy of DTI – FTEB Endorsement DTI - FTEB 3. Original CR if chassis, one photocopy of CR if engine Registered MV owner 4. Original Affidavit of Rebuilt executed by the owner and/or Accredited rebuilder mechanic, with TESDA NC II (mechanic), stating among others the date of completion 5. Original CSR for engine and chassis Operations Division of Central Office, Regional Office 6. Original duly accomplished MVIR LTO DO / EO, MVIC 7. Original CCES (result of emission test) LTO RO c. With engine and chassis purchased locally or from previously registered vehicles of not more than five (5) years from the date of initial registration or combination thereof. 1. Original Sales Invoice of engine and chassis Accredited dealer 2. Original Sales Invoice of body Accredited rebuilder 3. One photocopy of CR (for previously registered engine) Registered MV owner 4. Certified true copy of endorsement DTI-FTEB 5. Original Affidavit of Rebuilt executed by the owner and/or Accredited rebuilder mechanic with TESDA NC II stating among others the date of completion 6. Original CSR for engine and chassis Operations Division of Central Office, Regional Office 7. Original duly accomplished MVIR LTO DO / EO, MVIC 8. Original CCES (result of emission test) LTO RO E. Imported motor vehicles acquired through public bidding 1. Certified true copy of OR evidencing payment of acquisition BOC cost 2. Certified true copy of the Notice of Award BOC

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Procedure

PROCESSING PERSON CLIENT STEPS AGENCY ACTION TIME RESPONSIBLE 1. Submits 1. Receives application and evaluates 20 minutes Receiving requirements the completeness and authenticity of Clerk / the requirements Evaluator / Input Clerk 1.1. Retrieves Motor Vehicle (MV) information from the system and generates transaction ID

1.2. Encodes / supplies details not cascaded from MAIDRs 2. No activity 2. Approves transaction 10 minutes Approving Officer 3. Proceeds to the 3. Accepts payment 30 minutes Cashier Cashier for payment of fees.

3.1 Receives OR 3.1 For the payments made through e-PAT, verifies Payment Reference Number through the Merchant Payment Inquiry Facility under process payment module.

3.2 Prints and issues Official Receipt (OR) 4. No activity 4. Prints Certificate of Registration 5 minutes Supply Officer (CR) 5. No activity 5. Reviews transaction and signs CR 5 minutes Chief of Office 6. Presents OR 6. Tags as released plates and 10 minutes Releasing sticker Officer/Supply 6.1 Receives OR, Officer CR, sticker and 6.1 Issues plates, RFID, OR and CR plates

Processing Time: One (1) hour, 20 minutes

Note:

a. Processing time includes waiting time and starts upon the submission of complete requirements b. For District Offices handling mixed transactions (New, Renewal and Miscellaneous Registration and Licensing Transactions with Adjudication Facilities) exceeding 800, the processing time shall be 2 hours, 40 minutes c. If the client arrives at the office when the transaction cannot be completed within the day, he/she will be advised to return on the next working day and be prioritized at the step where he/she stopped

Fees

Computer Fee: PhP 169.06 Legal Research Fee: PhP 10.00

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Private Cars – Based on Gross Vehicle Weight (GVW) and Year Model

VEHICLE CATEGORY TRANSACTION FEE (in PhP) PASSENGER CARS Light Vehicles up to 1,600kgs Year 2001 Onwards 1,600.00 Year 1995 to 2000 2,000.00 Year 1994 and below 1,400.00 Medium Vehicles 1,600 to 2,300kgs Year 2001 Onwards 3,600.00 Year 1997 to 2000 6,000.00 Year 1995 to 1996 4,800.00 Year 1994 and below 2,400.00 Heavy Vehicles 2,301kgs & Up Year 2001 Onwards 8,000.00 Year 1995 to 2000 12,000.00 Year 1994 and below 5,600.00 MOTORCYCLES Without Sidecar 240.00 With Sidecar 300.00 UTILITY VEHICLES AND SUV MODELS 1990 & EARLIER GVW up to 2,700kgs 2,000.00 2,000.00 + GVW more than 2,700kgs (Actual GVW - 2,700kgs x .40) SPORTS UTILITY VEHICLE (SUV) GVW up to 2,700kgs 2,300.00 2,300.00 + GVW more than 2,700kgs (Actual GVW - 2,700kgs x .46) TRUCKS/BUSES GVW up to 2,700kgs 1,800.00 1,800.00 + GVW more than 2,700kgs (Actual GVW - 2,700kgs x .24) TRAILERS GVW x .24 *Fees are exclusive of Legal Research Fund worth PhP10.00 and computer fee of PhP169.06

For Hire – Based on Gross Vehicle Weight (GVW)

VEHICLE CATEGORY TRANSACTION FEE (in PhP) PASSENGER CARS Light Vehicles (up to 1,600kgs) 900.00 Medium Vehicles (1,601kgs to 2,300kgs) 1,800.00 Note: All For Hire Passenger Cars are Ageless UTILITY VEHICLES - GVW up to 4,500 kgs Actual GVW x .30 SPORTS UTILITY VEHICLE (SUV) GVW up to 2,700kgs 2,300.00 2,300.00 + GVW more than 2,700kgs (Actual GVW - 2,700kgs x .46) MOTORCYCLES/MOPEDS/TRICYCLES Without Sidecar 240.00 With Sidecar 300.00 TRUCKS GVW up to 2,700.00kgs 1,800.00 1,800.00 + GVW more than 2,700kgs (GVW in excess of 2,700kgs x .24) TRUCK/BUSES Actual GVW x .30 TRAILERS Actual GVW x .24 Note: Cross over is defined as having an engine of a light car and a body of a Utility Vehicle or a Sports Utility Vehicle.

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1. If GVW is below 1600 kgs, collect MVUC for car light 2. if above 1600 kgs collect MVUC for UV 3. Three-wheeled vehicles includes Bajaj, Piaggio, E-trike, Motorella. If the GVW is 1000kgs and below, collect P300.00 Enrollment and Stock Reporting of Other Entities

Documentary Requirements

CHECKLIST OF REQUIREMENTS WHERE TO SECURE 1. One duly accomplished application form under oath Customer Service Representative (CSR) of Operations Division, Central and Regional Offices except LTO NCR 2.One photocopy of Certificate of Payment (Owner's BOC copy to be presented) 3.Original Stencils of Engine and Chassis No. Motor vehicle owner 4. Authorization letter with the ID of the authorizing For Authorization letter: Authorizing official and of the representative official/ client For ID: Any issuing Government Agency

Procedure

PROCESSING PERSON CLIENT STEPS AGENCY ACTION TIME RESPONSIBLE 1. Submits 1. Receives and evaluates the 15 minutes Receiving supporting completeness and authenticity of the Clerk/ documents requirements, validates the electronic Evaluator Certificate of Payment (CP) and issues Payment Order Slip (POS) for enrollment 2. Proceeds to the 2. Accepts payment and issues manual 10 minutes Cashier Cashier for payment Official Receipt (OR) of fees and other charges 3. No activity 3. Enrolls/Uploads owner's information 30 minutes Evaluator and MV details in the system 4. No activity 4. Reviews and approves the transaction 30 minutes Approving Officer 4.1 Issues POS for Certificate of Stock Reported (CSR) 5. Proceeds to the 5. Accepts payment and issues OR 10 minutes Cashier Cashier for payment of fees

5.1 Receives OR 6. Submits OR 6. Receives OR, Prints and Releases CSR 15 minutes Releasing Clerk/ 6.1 Receives OR and Evaluator CSR

Processing Time: One (1) hour, 50 minutes

Note: a. Processing time includes waiting time and starts upon the submission of complete requirements. b. If the client arrives at the office when the transaction cannot be completed within the day, he/she will be advised to return on the next working day and be prioritized at the step where he/she stopped.

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Fees:

Computer Fee - PhP 169.06 Certification Fee - PhP 30.00 Legal Research Fee - PhP 10.00

Enrollment Fee: For Diplomat - PhP 110.00 (P100 enrollment fee, P10 LRF) For Individual - PhP1,010.00 (P1000 enrollment fee, P10 LRF)

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LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB)

LTFRB New Certificate of Public Convenience Source: http://ltfrb.gov.ph/wp-content/uploads/2017/10/A.-NEW-CERTIFICATE-OF-PUBLIC-CONVENIENCE- CPC.pdf (accessed as of 03 February 2020)

Documentary Requirements

Upon Filing of Application*

1. Four (4) copies of Verified Application alleging proof of citizenship and financial capacity with annexes and verification and certification of NonForum Shopping 2. Authorization from the Department of Transportation (DOTr) for applicable types of service (PUB, TX) PUJ, UV, TNVS and P2P); 3. LTO OR/CR of authorized unit/s with year model; 4. Business Registration a. For Sole Proprietorship (1) Certificate of Business Name issued by the Department of Trade and Industry (except PUJ); b. For Cooperatives (1) Valid Certificate of Registration from the Cooperative Development Authority (CDA); (2) Endorsement from the Office of Transportation Cooperatives (OTC); (3) Management Agreement between the Cooperative and the member; (4) Board Resolution authorizing the application for new certificate of public convenience and delegating the authorized representative/s to file application. c. For Corporations: (1) SEC Certificate of Registration (2) Board Resolution/Secretary’s Certificate authorizing the application for new certificate of public convenience and delegating the authorized representative/s to file application. 5. Operator’s data sheet with complete details and Valid Driver’s License/s of authorized driver/s (circa 2016 format); and 6. Additional Requirements: a. For Tourist Transport Service** (1) Valid Department of Tourism (DOT) and Department of Transportation (DOTr) Endorsement Letters per Department Order No. 2013-004 (indicate area of operation); (2) Valid Concessionaire Agreement DOT Accredited Hotels and Resorts b. For School Service: (1) Valid Parent-Teacher Association or School Certification/ Endorsement Letter Authorizing/Accrediting the School Service. The Certification or Endorsement Letter should contain the following information: (a) Name of School; (b) Complete School address; (c) School Contact Person with contact details, valid ID; (d) Full name of Applicant;

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(e) Number of units endorsed; (f) Area of Coverage. c. For Truck-for-Hire: (1) Any proof of public need (Notarized Hauling Contract with Area of Operation, Number of Units to be authorized and Duration of Contract; Authority to Operate in Ports must be duly notarized). d. For Shuttle Service: (1) Notarized Shuttle Service Contract with duration; (2) Time schedule of travel to and from company premises to designated pick- up/drop-off points and vice versa; (3) Number of units to be authorized.

For Submission During the Hearing

1. Proof of Filipino Citizenship; a. For individual applicant - Authenticated Birth Certificate from National Statistics Office (NSO), valid Philippine Passport, Voter’s ID, Senior Citizen’s ID, NSO Marriage Certificate or any government-issued ID showing Filipino citizenship b. For juridical entity (1) Articles of Partnership/Incorporation and By Laws for Partnership or Corporation, and Certificate of Registration issued by SEC; or (2) Articles of Cooperation and By Laws for Cooperatives, and Certificate of Registration issued by CDA. 2. Proof of Existence and Sufficiency of Garage; a. Location map; b. Dimension of garage; c. If the applicant is the owner of the garage, Transfer Certificate of Title (TCT)/ Tax Declaration in the name of the applicant; if not, notarized Contract of Lease/Authority to use with TCT of Lessor; d. LGU Zoning Clearance for the location of the garage for at least three (3) units the gross weight of each does not exceed 4500kg or for one (1) unit for truck and bus; e. For TH, entering Metro Manila, proof of garage or authority to use garage within Metro Manila to avoid traffic congestion; f. For UV, exact location of terminal at both endpoints. 3. Proof of Financial Capability; a. Certified True Copy of latest Income Tax Return or Certificate of Registration issued by the BIR for newly incorporated corporations and new individual applicant; b. Corporation/Partnership/Cooperative/Single proprietorship for PUB, TB, SHB and TH: Certified true copy of latest Financial Statement duly certified by a CPA; c. Single proprietorship/Individual: (1) Five Units or Less (a) Proof of Bank Deposit in the amount of P20,000 per unit or other proof of financial capacity such as land title, ownership of business, etc. (For PUJ); (b) Proof of Bank Deposit in the amount of P50,000 per unit or other proof of financial capacity such as land title, ownership of business, etc. (For small units such as TX, TNVS and AUV);

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(c) Proof of Bank Deposit in the amount of P100,000 per unit or other proof of financial capacity such as land title, ownership of business ( For PUB, TB, SHB & TH). (2) At least 6 units - Certified true copy of latest Financial Statement duly certified by a CPA. 4. LTFRB Inspection Report with picture of unit taken during inspection; 5. Business Registration Certificate; and 6. Proof of Publication: a. Affidavit of publication by the publisher; and b. Copies of Publication

Note:

*Photocopies should be submitted upon filing of application while originals are to be presented during the hearing. **If DOT-Central Office endorsement, area of operation can cover at least two (2) Regions; and if DOT- Regional Office endorsement, area of operation is limited to concerned region. ***For individuals, personal appearance of petitioner is required. However, should it not be possible for petitioner to be physically present, authorized representative who is a lawyer or a relative (re: direct ascendant/descendants) is allowed upon presentation of duly notarized Special Power of Attorney (SPA), valid IDs and proof why petitioner is not physically present.

Process

1. Applicant submits the Verified Application/Petition with supporting documents 2. Assessor prepare the assessment of Fees and Filing Fee 3. Applicant to proceed to the cashier for payment of assessed fees 4. Cashier issues the Official Receipt (OR) to the applicant 5. Applicant submits the application/petition together with the OR of payment 6. LTFRB Officially receives the application/petition and issues claim stub and Clearance of Account to the Applicant and forwards the document to Legal for issuance of Notice of Hearing 7. Issues the Notice of Hearing (Publication of Notice of Hearing by the client/applicant) 8. Conduct of Hearing, drafts and evaluates the decision/order for recommendation to the Board 9. For review deliberation and resolution of the Board 10. For docketing and attestation of order 11. Releasing of Decision/Order to the applicant

Processing Period: Within 15 days from the date the Application is submitted for resolution, the Legal Division/RFROs shall transmit the case folder to the Board through the Office of the Executive Director for signature

Fees

Filing Fee - Php510.00 first two (2) units - Php70.00 per unit in excess of two (2) units Unit Verification Fee - Php 40.00 per unit Inspection Fee - Php 50.00 – PUV (with gross weight not exceeding 4,500 kg) per unit Php 100.00 – bus and truck per unit

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PHILIPPINE NATIONAL POLICE Source: http://www.pnp.gov.ph/images/transparency_seal/PNP-Citizens-Charter.pdf (as of 2016)

Schedule of Availability of Services: 8:00AM-5:00PM, Monday to Friday

Highway Patrol Group (HPG) Source: https://hpg.pnp.gov.ph/images/Services/MVClearance.pdf (accessed as of 03 February 2020) Motor Vehicle Clearance Certificate

Schedule of Availability: Monday to Friday, 8:00AM – 5:00PM (without noon break)

Office: Highway Patrol Group – Motor Vehicle Clearance Division

Documentary Requirements

a. Original Registration (Brand New – Local) 1. Original Sales Invoice 2. Original LTO Certificate of Stock Reported 3. TIN of Dealer and New Owner 4. Stencil of Engine and Chassis Numbers

b. Original Registration (Brand New – Imported) 1. Original BOC Certificate of Payment 2. Original LTO Certificate of Stock Reported 3. Informal Entry 4. Bill of Lading 5. Stencil of Engine and Chassis Numbers 6. TIN of Dealer and New Owner

c. Original Registration (Secondhand – Imported) 1. Original BOC Certificate of Payment 2. Original LTO Certificate of Stock Reported 3. Informal Entry 4. Macro-Etching Certificate 5. TN of Dealer and New Owner

d. Original Registration (Completely Knocked-Down – Imported) 1. Original BOC Certificate of Payment 2. Original LTO Certificate of Stock Reported on the Engine, Chassis, and Body 3. Original Affidavit of Rebuilt (duly notarized and to be executed by the owner and rebuilder) 4. Informal Entry 5. Bill of Lading 6. Macro-Etching Certificate for Vehicles with Gross Weight of 4.500kg and below or Stencil of Engine and Chassis Numbers if Gross Weight is more than 4,500kg 7. TIN of New Owner

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e. Original Registration (Imported – Voluntary Payment) 1. Original BOC Certificate of Payment 2. Original LTO Certificate of Stock Reported 3. Macro-Etching Examination 4. TIN of Dealer and New Owner

f. Original Registration (Acquired thru Bidding) 1. Original Sales Invoice (Official Receipt) 2. Certificate of Award 3. Macro-Etching Examination 4. Certificate of Assignment of LTO number (if tampered) 5. TIN of Dealer and New Owner

g. For Permit to Assemble 1. Statement Under Oath by the Owner (containing the type, make and serial numbers of the engine and chassis and body, if any) 2. Complete List of Spare Parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof

Procedure

1. Go to Receiving Section and fill out an application form 2. Submit the form together with the required documents 3. Go to LandBank of the Philippines (LBP) and pay the necessary fees 4. Go back to Receiving Section of the HPG MVCD and get a copy of the action slip and claim stub 5. Go to Motor Vehicle Inspection Section 6. Return the following day 7. Present claim stub at the Releasing Section

Processing Period: Three (3) Working Days (16 hours and 45 minutes)

Fees:

PhP150.00 Permit to Assemble PhP200.00 (Original Registration) Local and Imported PhP300.00 Transfer of Ownership Change of Engine/Chassis Change of Color Change Body Design For Shipment Record Check PhP400.00 (Original Registration) Transfer of Ownership Completely Knocked-Down Importer Voluntary Payment Acquired through Bidding PhP550.00 (Original Registration) Assembled-Rebuilt

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Firearms and Explosives Division (FED)

Authority to Export Firearms and Ammunitions, Spare Parts and Accessories for Commercial Purposes, Demonstration, Display, Test and Evaluation

Documentary Requirements (2 folders in numerical red tabbing)

1. Letter of Request addressed to PNP Chief 2. Purchase Order 3. End-user Certificate 4. Letter of Intent of foreign buyer 5. Photocopy of License to Operate to Manufacture 6. Request of Organization Event (for demonstration only)

Procedure

1. Submit application with documentary requirements then return after 16 days 2. Claim approved Authority to Export

Processing Period: 17 working days

Fee: None

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Authority to Import Firearms, Ammunitions, Spare Parts, Accessories, and Reloading Components (For Commercial Purposes)

Documentary Requirements (2 folders in numerical red tabbing)

Authority to Import for Commercial Purposes

1. Letter of Request addressed to PNP Chief 2. Authenticated photocopy of License to Operate 3. Summary of Transaction

Authority to Import by Government/Juridical Entities thru Licensed Indentor

1. Letter of Request addressed to PNP Chief 2. Authenticated photocopy of Indentor’s License to Operate 3. End-user’s certificate 4. Purchase Order/Contract, duly certified by COA that funds are available for the purpose 5. Summary of Previous Transaction

Authority to Import for Test and Evaluation

1. Letter of Request addressed to PNP Chief 2. Authenticated photocopy of License to Operate 3. End-user’s certificate issued by head of agency 4. Summary of Transaction 5. Recommendation from the Directorate for Research and Development (DRD), PNP

Authority to Import for Manufacturer of Firearms and Ammunition for Commercial Purposes

1. Letter of Request addressed to PNP Chief 2. Authenticated photocopy of License to Manufacture 3. Disposition of manufactured firearms, ammunition, spare parts, accessories and ammo components which shall include the approved bodega transfer if locally sold, document from the recipient of the articles if exported, and quantities of stocks on hand

Procedure

1. Submit application with documentary requirements then return after 16 days 2. Claim approved Authority to Export

Processing Period: 15 working days

Fees*

Per firearm PhP12.00 Per airgun or airsoft PhP5.00 Per barrel, frame, slide, and magazine PhP6.00 Per ammunition PhP0.10 Per shell, primer, and head PhP0.02 Per pound of gun powder PhP0.50 Per reloading machine PhP1,200.00 Per bulletproof vest PhP600.00 *Fees will be collected upon arrival of the items

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License for New/Transfer Firearms (Juridical Entity)

Client/Requesting Party

1. Local Government Units 2. Government Security Force 3. Private Gun Club Owners 4. Private Security Force 5. Private Security Agencies

Documentary Requirements

For Private Agencies For Government Agencies 1. Letter of Request to Purchase 1. Letter of Request to Purchase Firearm addressed to the PNP Firearm addressed to the PNP Chief Chief 2. Duly accomplished Application Form 2. Duly accomplished Application 3. Board Resolution Form (Barangay/Muinicipal/City/Provincila 3. Affidavit of Non-Pending Case Council for LGUs and from Board of (Supervision and Guards Directors for GOCCs) Supervision Division or SAGSD) 4. Requisition and Issue Voucher 4. License to Operate from SAGSD 5. Purchase Order 5. Authority to Purchase Firearms 6. Authority to Purchase Firearms (SAGSD) from PNP-Security and Guards 6. Inspection and Investigation (I&I), Supervision Division) for FED and Assistant Directorate for Government Security Force only Intelligence (ADI, CSG) Clearance 7. Oath of Office or Appointment Order 7. Monthly Disposition Report (duly from Civil Service Commission notarized) (licensee) 8. Business Registration 8. Firearms Records Verification 9. Firearms Surety Bond (from 9. Firearms License Application Form accredited bonding companies, e.g. GSIS, UCPB) 10. Deed of Sale (for transfer) 11. LTO of Vendee and Vendor of Firearm (for transfer) 12. Firearms Verification Report 13. Firearm License Application Form

Procedure

1. Submit application with documentary requirements then return the following day 2. Go to LandBank of the Philippines and pay the necessary fees 3. Submit the special bank receipt then return the following day 4. Claim the printed license card

Processing Period: Five (5) working days

License Fees

Classification 2 Years Validity 4 Years Validity Cal. .45, .40 PhP1,010.00 PhP1,930.00 Cal. 9MM, .38 PhP930.00 PhP1,770.00 Cal. 12GA PhP630.00 PhP1,770.00

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License to Deal in Firearms, Ammunition, Spare Parts, and Accessories (New-Main License)

Documentary Requirements (2 copies of the following in numerical red tabbing)

1. Letter of Request to Purchase Firearm addressed to the PNP Chief 2. Authenticated copy of License to Operate (Main) 3. Location plan of the proposed gun store or repair shop showing distance from the nearest police headquarters within 1,000meters 4. Sketch of the firearms and ammunition vault showing inside dimension and construction materials used and the kind of door and locking device (width = 1m; height 1.5m; depth = 0.5m) 5. Copy of Business Registration 6. Clearances of manager who will manage the Firearm/Ammunition Dealership from the City or Municipal Mayor, Metropolitan or Regional Trial Court, Police Clearance from place of Residence, NBI Clearance, and Directorate for Intelligence (DI) Clearance 7. Accomplished Application Form for License to Deal in Firearms and Ammunition (Form 1) 8. Certification or Affidavit of the Corporate Treasurer and Bank Statement that paid-up capital stock/cash of PhP500,000.00 as proof of capitalization 9. Name and clearances of the employee who will work/repair firearms and his/her qualification and experience in the business such as training certificate from TESDA and from previous employer (for License to Operate to Repair Firearms only) 10. Picture of gun store/repair shop and depository vault (Burglar and Fireproof) 11. Certification from Provincial or City Director that the gun store/repair shop is secure and safe from insurgents 12. Tax Identification Number Re-Revenue Regulations No. 11-99 13. Inspection Report conducted by Inspection and Investigation Section of FED for NCR applicants

Notes:

• For applications from the provinces, submit all documents to the Police Provincial or City Director for inspection, comment, recommendation, and proper endorsement to the C,FED. • For applicants from Metro Manila, the application shall be submitted directly to Permits and Other Licenses Section, FED, PNP, Camp Crame, Quezon City • All Photocopied documents must be authenticated by the issuing office

Procedure

1. Submit application with documentary requirements then return or call the office concerned after 14 days 2. Go to LandBank of the Philippines and pay the necessary fees 3. Submit the special bank receipt and Surety Bond Policy and Receipt 4. Claim approved application

Processing Period: 15 working days

Fees

Firearms and Ammunitions PHP15,000.00 Repair of firearms PhP12,000.00 Spare parts and accessories, ammunition reloading components, PhP9,000.00 airgun/airsoft, bulletproof vests

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License to Operate (New Branch) • To Deal in Firearms and Ammunition • To Deal in Firearms Spare Parts and Accessories • To Deal in Ammunition Reloading Components • To Deal in Airgun or Airsoft • To Deal in Bulletproof Vest • To Repair Firearms

Documentary Requirements (2 copies of the following in numerical red tabbing)

1. Letter of Request to Purchase Firearm addressed to the PNP Chief 2. Authenticated copy of License to Operate (Main) 3. Location plan of the proposed gun store or repair shop showing distance from the nearest police headquarters within 1,000meters 4. Sketch of the firearms and ammunition vault showing inside dimension and construction materials used and the kind of door and locking device (width = 1m; height 1.5m; depth = 0.5m) 5. Copy of Business Registration 6. Clearances of manager who will manage the Firearm/Ammunition Dealership from the City or Municipal Mayor, Metropolitan or Regional Trial Court, Police Clearance from place of Residence, NBI Clearance, and Directorate for Intelligence (DI) Clearance 7. Accomplished Application Form for License to Deal in Firearms and Ammunition (Form 1) 8. Certification or Affidavit of the Corporate Treasurer and Bank Statement that paid- up capital stock/cash of PhP500,000.00 as proof of capitalization 9. Name and clearances of the employee who will work/repair firearms and his/her qualification and experience in the business such as training certificate from TESDA and from previous employer (for License to Operate to Repair Firearms only) 10. Picture of gun store during ocular inspection showing the following: a. Exterior view; b. Interior view; c. Display cabinet, counters, fire extinguisher; d. Vault; and e. Equipment/Machineries used, if any 11. Certification from Provincial or City Director that the gun store/repair shop is secure and safe from insurgents 12. Tax Identification Number Re-Revenue Regulations No. 11-99 13. Inspection Report conducted by Inspection and Investigation Section of FED for NCR applicants

Notes:

• For applications from the provinces, submit all documents to the Police Provincial or City Director for inspection, comment, recommendation, and proper endorsement to the C,FED. • For applicants from Metro Manila, the application shall be submitted directly to Permits and Other Licenses Section, FED, PNP, Camp Crame, Quezon City • All Photocopied documents must be authenticated by the issuing office

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Procedure

1. Submit application with documentary requirements then return or call the office concerned after 8 working days 2. Go to LandBank of the Philippines and pay the necessary fees 3. Submit the special bank receipt and Surety Bond Policy and Receipt 4. Claim approved application

Processing Period: Ten (10) working days

Fees

Firearms and Ammunitions PHP15,000.00 Repair of firearms PhP12,000.00 Spare parts and accessories, ammunition reloading components, PhP9,000.00 airgun/airsoft, bulletproof vests

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License to Operate to Manufacture • Firearms and Ammunition • Firearm Spare Parts and Accessories • Load and Reload Ammunition • Firearms, Ammunitions, and Air Munition Products (for use of AFP/PNP and other Law Enforcement Agencies Only) • Mortar Fuzes and Smoke Grenade (for Sale to AFP/PNP and other Law Enforcement Agencies only) • Riflescopes • Airgun and Airsoft Rifles/Pistols

Documentary Requirements (2 copies of the following in numerical red tabbing)

1. Letter of Request addressed to the Secretary of the Department of Interior and Local Government (SILG) with the subject Issuance of License to Manufacture, Issuance of a License to Manufacture Firearms, Ammunition, Major Firearm Spare Parts and Ammo Components 2. Location of a shop or factory showing distance from the nearest police headquarters (within 1km) 3. Name of the manager of the shop or factory 4. Certification/Affidavit of the Corporate Treasurer and Bank Statement that the paid- up capital stock/cash of PhP500,00.00 as proof of capitalization 5. Report of Inspection and Investigation Section, FED for applicants from Metro Manila 6. Picture of plant/factory showing signage, front view and vault used for storage of finished products before deposit to FED (width = 1m; height = 1.5m) 7. Duly Accomplished Application Form 8. Detailed plan of the shop/factory approved by the municipal or city engineer 9. Copy of Business Registration (include Articles of Incorporation and By-Laws for Corporations) 10. Clearances of the manager and other personnel employed in the production from their respective place of residence (Mayor, Court, Police, DI Clearance, and NBI Clearance) 11. Documents to show the technical qualification of the applicant and employee in the manufacture of firearms and ammunition, load/reload ammunition, such as Training Certificate from TESDA or Certificate of Employment from previous employer with firearms manufacturing plant 12. Certification and Inspection Report from the Bureau of Working Condition, Department of Labor and Employment (DOLE) 13. Surety Bond Receipt

Notes:

• For applications from the provinces, submit all documents to the Police Provincial or City Director for inspection, comment, recommendation, and proper endorsement to the C,FED. • For applicants from Metro Manila, the application shall be submitted directly to Permits and Other Licenses Section, FED, PNP, Camp Crame, Quezon City • All Photocopied documents must be authenticated by the issuing office

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Procedure

1. Submit application with documentary requirements then return or call the office concerned after 18 working days 2. Go to LandBank of the Philippines and pay the necessary fees 3. Submit the special bank receipt and Surety Bond Policy and Receipt & Policy then return after 13 days 4. Claim approved License to Manufacture

Processing Period: 32 working days

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FOOD AND DRUG ADMINISTRATION (FDA) Source: https://ww2.fda.gov.ph/index.php/citizen-charter-2015/227365-fda-citizen-s-charter (as of 2015) https://ww2.fda.gov.ph/industry-corner/downloadables/237-integrated-application-form-and-process (accessed as of 01 August 2019)

The Food and Drug Administration of the Philippines was created under the Department of Health to license, monitor, and regulate the flow of food, drugs, cosmetics, medical devices, and household hazardous waste in the Philippines

Licensing and Registration by the FDA

Licensing of Health Establishments Registration of Health Products Manufacturers Drug Traders Food and Food Supplements

Retailers (Drug Outlets only) Medical Devices Distributors (Importers/Exporters/Wholesalers) Household/Urban Pesticides Toys and Childcare Articles (Notification) Cosmetics (Notification)

Centers and Product Jurisdiction

Schedule of Availability of Service: Monday to Friday, 8:00AM-5:00PM

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Procedure

1. Download. Application form is downloaded from ww2.fda.gov.ph. The integrated application form in XLS or XLSX format is used for both License and Registration applications, as well as amendments and other certifications. Promos and advertisements are also now covered in the application form. Remember that a valid LTO is required for a CPR.

2. Fill up Form. Application form is filled up correctly. The application form has six parts: 1) General Information, 2) Establishment Information, 3) Product Information, 4) Supporting Information, 5) Sources and Clients, and 6) Applicant Information. If the part is appropriately filled up, a green 'PROCEED' will be indicated. Required fields will appear sequentially. If the form is appropriately filled up, the composed body text (in the green box) will appear.

3. Email. Send an email to [email protected]. In the XLS application form, the worksheet 'Email' composes the subject and body of the email that should be sent to [email protected]. Copy and paste the appropriate fields onto the email. Include CCs as needed. The XLS or XLSX file should not be attached but it will be required during submission. Any attachment will lead to rejection of schedule request. Up to ten applications in a single email are acceptable.

4. Scheduling. Within two working days, a Document Tracking Log (DTL) is sent with a schedule for submission. The FDA will determine the schedule of applications according to the priority of the Centers. A quota will be set for the total number of applications that can be scheduled in a day. Multiple applications sent in a single email may be scheduled over separate days. Requests for specific schedules will not be accommodated. Receiving will be scheduled within 10 working days of receipt of application email.

5. Pay. Fees are paid either at Land Bank branches or at the main FDA cashier. Once a DTL is received, payment can be made immediately through any branch of the Land Bank of the Philippines, The main FDA cashier will only accommodate those scheduled to be received for the day. A copy of the DTL provided by FDA and a copy of the application form are required to process payment. Indicate in the application form the tracking number provided. Check that the tracking number indicated in the DTL is indicated in the proof of payment.

6. Check. Check if all requirements are in order. Be sure that you have a checklist of requirements and that you have all the necessary documents. Don't forget to have the petition or declaration form notarized. A softcopy of all requirements should be stored in a USB device to facilitate transfer. Include an XLS or XLSX copy of the accomplished application form. Please keep your USB devices free of malicious software. A copy of the OnColl Payment Slip is also required at the point of submission.

7. Submission. Application is filed in on schedule. Only applications scheduled for the day will be accommodated. Hard copies will no longer be required at submission. Don't forget to get back the USB devices used to transfer documents. Remember the RSN number of each application. Use the RSN to follow-up through [email protected]. Should you fail to complete submission on the set date, queue for another schedule through [email protected] using the RSN.

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Turnaround Time of the FDA’s Services

Type of Service Turnaround Time* Licensing of Establishments (without inspection) 14 calendar days Medium to High Risk Food Product Registration 114 calendar days Raw Material and Low Risk Food Product Registration 53 calendar days Drug Product Initial Registration 254 calendar days Drug Product Automatic Renewal Registration 33 calendar days Drug Product Regular Renewal Registration 68 calendar days Household/Urban Pesticide Registration 175 calendar days Cosmetic Product Notification 14 calendar days Toys and Childcare Articles Notification 14 calendar days *Based on Citizen’s Charter Commitments, provided that the application is compliant

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Certificate of Compliance Source: https://ww2.fda.gov.ph/attachments/article/527789/Annex%20B%20- %20List%20of%20Documentary%20Requirements%20for%20COC%20of%20Device.pdf (accessed as of 01 August 2019)

Documentary Requirements

1. Declaration and Oath of Undertaking; 2. Accomplished Online Application Form; 3. Technical Specifications of the Device; a. Detailed diagram of the device showing all parts b. Materials used on the device 4. User Manual 5. Sample of on-product sticker: a. Name of Marketing Authorization Holder (MAH) b. Battery Capacity c. Brand Name d. Model 6. Commercial Label/Inset bearing the following required information: a. Name of MAH b. Registered address of MAH (as reflected on LTO) c. Contact details of MAH d. Brand Name e. Model f. Instructions for Use g. Maintenance Instructions h. Instructions for Disposal i. Precautionary Statement j. Batch Number k. Country of Manufacture 7. Payment

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Cosmetic Establishment Licensing

License to Operate Cosmetic Establishment

Frontline Office: Center for Cosmetic Research and Regulation

Documentary Requirements

I. General Requirements a. Completely accomplished and notarized Integrated Application Form with ID picture of both the Owner/Incorporator/General Manager and the Authorized Person (Refer to FDA Circular No. 2014-003) (only for NCR and CHD IV-A) b. Notarized Accomplished Petition Form with 2 x 2 ID picture of Owner/Incorporator/Authorized Representative (see Annex A) (except for NCR and CHD IV-A) i. Notarized Secretary’s Certificate/Special Power of Attorney (if the Authorized Representative is not the owner in the DTI business registration or one of the incorporators in the SEC) c. Proof of Business Registration: i. Valid certificate of business name registration with the Department of Trade and Industry (DTI), (for single proprietorship) ii. Valid registration with the Securities and Exchange Commission (SEC) and Articles of Incorporation or Partnership (for corporation or partnership) 1. If the business name is different from the corporate name, SEC Certificate must reflect “Doing Business under the name and style of (Name of Establishment)” iii. Certificate of Cooperative Development Authority (CDA), (for cooperatives) d. Proof of Occupancy (Office, Manufacturing Plant and Warehouse): i. Transfer Certificate of Title (TCT) as proof of ownership. ii. Notarized Certificate of Occupancy, if owned by one of the incorporators. iii. Notarized valid contract of lease/sublease, if the space/building being occupied is not owned, iv. Valid Clearance from Homeowner’s Association (HOA) / Condominium/Building Administration, if within a residential area/ condominium, o Valid notarized warehousing agreement for third party logistics, e. Other requirements i. Floor plan/lay-out in meters and proper identification of areas (office and warehouse) ii. Blueprint for manufacturing plant iii. Vicinity/Location map with landmarks (i.e. google map, sketch of the area) f. Pertinent Documents for Authorized Person (Pharmacist or any Allied Health Science Professional with relevant trainings): i. Notarized Joint Affidavit of Undertaking with 2 x 2 ID picture of Authorized Person (see Annex B) (except NCR and CHD IV-A)

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ii. PRC Board Certificate iii. Valid PRC ID iv. Current Professional Tax Receipt (PTR) v. Duties and responsibilities signed by the authorized person and the immediate supervisor vi. Certificate of Attendance to “Qualified Person in Industry Regulatory Affairs (QPIRA)” for CCRR or promissory letter to attend with proof of scheduled day of attendance and payment vii. Certificate of Attendance to“Training on the 13 ASEAN Cosmetic GMP Modules” or promissory letter to attend with proof of scheduled day of attendance and payment (only for traders and manufacturers) II. Specific Requirements a. For Cosmetic Distributor i. List of products indicating the name and address of source/supplier/manufacturer, country of origin (if imported) following the format below:

Source Name & Manufacturer Name Country of Origin Complete Product Address & Address List*

*Specify the cosmetic product type (Example: lipstick, lotion, creams, eye liner, foundation, masks, scrub, etc.)

ii. For Importer 1. Valid Foreign Agency Agreement (FAA) or any form of authorization from each source/supplier duly authenticated by the Territorial Philippine Consulate 2. If the source/supplier has appointed another logistic/invoicing company, any of the following: a. Valid Supply Agreement between the foreign source/supplier and manufacturer b. Valid Tripartite Agreement duly authenticated by the Territorial Philippine Consulate 3. Proof of GMP Compliance of Manufacturer (any of the following): a. Valid GMP Certificate of manufacturer issued by the government agency or accredited business association (WHO, ECC/EU, COLIPA) in the country of origin b. Self-declaration of compliance to GMP if manufacturer is from an ASEAN Member State c. Certificate of Free Sale issued by the government agency (National Regulatory Authority or Chamber of Commerce) in the country of origin d. ISO Certificate in compliance to GMP e. Valid manufacturer’s license iii. For Wholesaler 1. Duly notarized valid distribution agreement with the FDA- licensed supplier

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iv. For Exporter 1. Duly notarized valid distribution agreement with the local supplier reflecting the country where the products are to be exported 2. List of products to be exported with their corresponding notification numbers and validities b. For Cosmetic Trader i. Photocopy of the Financial statement notarized/received by the Bureau of Internal Revenue (BIR) or notarized certification of initial capital invested ii. Duly notarized valid contract manufacturing agreement with the FDA- licensed Cosmetic Manufacturer stipulating the following: 1. That the trader owns the formulation 2. That the trader and manufacturer are jointly responsible for the quality of the product/s 3. List of products to be manufactured by the toll manufacturer iii. For Exporter of own finished products: 1. Duly notarized valid distribution agreement with the supplier in the country where the products are to be exported 2. List of products to be exported with corresponding notification numbers and validities c. For Cosmetic Manufacturer i. Photocopy of the Financial statement notarized/received by the Bureau of Internal Revenue (BIR) or notarized certification of initial capital invested ii. Site Master File (see Annex C) iii. List of products to be manufactured iv. For exporter of own finished products/finished bulk: v. For Repacker: 1. Duly notarized valid contract/agreement with the manufacturer of the product/s to be repacked with stipulation that both the manufacturer and repacker are jointly responsible for the quality of the product 2. List of products to be repacked 3. List of repacking and quality control equipment and facilities vi. For Toll Manufacturer 1. Duly notarized valid contract manufacturing agreement with the FDA-licensed Cosmetic Trader stipulating the following: a. That the trader owns the formulation b. That the trader and manufacturer are jointly responsible for the quality, efficacy and safety of the product/s placed in the market c. List of products to be manufactured by the toll manufacturer

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Fees

Fees (PhP) Classification Initial (One Year) Renewal (for Two Years) Cosmetic Distributors (Importer, 3,000.00 6,000.00 Exporter, Wholesaler) Cosmetics Manufacturer 20 Million and below 5,000.00 10,000.00 Over 20M but below 50M 10,000.00 20,000.00 50M and above 15,000.00 15,000.00 Cosmetics Trader 20 Million and below 3,000.00 6,000.00 Over 20M but below 50M 5,000.00 10,000.00 50M and above 7,000.00 14,000.00

Guidelines: https://ww2.fda.gov.ph/attachments/article/15751/FC2013-002.pdf

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License to Operate Household/Urban Hazardous Substances Establishment

Frontline Office: Center for Cosmetic Research and Regulation

Documentary Requirements

I. General Requirements a. Completely accomplished and notarized Integrated Application Form with ID picture of both the Owner/Incorporator/General Manager and the Authorized Person (Refer to FDA Circular No. 2014-003) (only for NCR and CHD IV-A) b. Notarized Accomplished Petition Form with 2 x 2 ID picture of Owner/Incorporator/Authorized Representative (see Annex A) (except for NCR and CHD IV-A) i. Notarized Secretary’s Certificate/Special Power of Attorney (if the Authorized Representative is not the owner in the DTI business registration or one of the incorporators in the SEC) c. Proof of Business Registration: i. Valid certificate of business name registration with the Department of Trade and Industry (DTI), (for single proprietorship) ii. Valid registration with the Securities and Exchange Commission (SEC) and Articles of Incorporation or Partnership (for corporation or partnership) 1. If the business name is different from the corporate name, SEC Certificate must reflect “Doing Business under the name and style of (Name of Establishment)” iii. Certificate of Cooperative Development Authority (CDA), (for cooperatives) d. Proof of Occupancy (Office, Manufacturing Plant and Warehouse): i. Transfer Certificate of Title (TCT) as proof of ownership. ii. Notarized Certificate of Occupancy, if owned by one of the incorporators. iii. Notarized valid contract of lease/sublease, if the space/building being occupied is not owned, iv. Valid Clearance from Homeowner’s Association (HOA) / Condominium/Building Administration, if within a residential area/ condominium, o Valid notarized warehousing agreement for third party logistics, e. Other requirements i. Floor plan/lay-out in meters and proper identification of areas (office and warehouse) ii. Blueprint for manufacturing plant iii. Vicinity/Location map with landmarks (i.e. google map, sketch of the area) f. Pertinent Documents for Authorized Representative: i. Duties and responsibilities signed by the authorized representative and the immediate supervisor ii. Certificate of Attendance to “Qualified Person in Industry Regulatory Affairs (QPIRA)-Household/Urban Hazardous Substances” under CCRR or promissory letter to attend with proof of scheduled day of attendance and payment

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iii. Certificate of Attendance to“Training on the 13 ASEAN Cosmetic GMP Modules” or promissory letter to attend with proof of scheduled day of attendance and payment (only for traders and manufacturers) II. Specific Requirements a. For HUHS Distributor i. List of products indicating the name and address of source/supplier/manufacturer, country of origin (if imported) following the format below:

Source Name & Manufacturer Name Country of Origin Complete Product Address & Address List*

*Specify the HUHS product type (Example: laundry detergent powder, liquid laundry detergent, shoe polish, insect repellent spray, pencil, etc.)

ii. For Importer 1. Valid Foreign Agency Agreement (FAA) or any form of authorization from each source/supplier duly authenticated by the Territorial Philippine Consulate 2. If the source/supplier has appointed another logistic/invoicing company, any of the following: a. Valid Supply Agreement between the foreign source/supplier and manufacturer b. Valid Tripartite Agreement duly authenticated by the Territorial Philippine Consulate 3. Proof of GMP Compliance of Manufacturer (any of the following): a. Valid GMP Certificate of manufacturer issued by the government agency or in the country of origin b. Certificate of Free Sale issued by the government agency (National Regulatory Authority or Chamber of Commerce) in the country of origin c. ISO Certificate in compliance to GMP d. Valid manufacturer’s license 4. For Wholesaler a. Duly notarized valid distribution agreement with the FDA-licensed supplier 5. For Exporter a. Duly notarized valid distribution agreement with the local supplier reflecting the country where the products are to be exported o List of products to be exported with their corresponding registration/notification numbers and validities

b. For HUHS Trader

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i. Photocopy of the Financial statement notarized/received by the Bureau of Internal Revenue (BIR) or notarized certification of initial capital invested ii. Duly notarized valid contract manufacturing agreement with the FDA- licensed Cosmetic Manufacturer stipulating the following: 1. That the trader owns the formulation 2. That the trader and manufacturer are jointly responsible for the quality of the product/s 3. List of products to be manufactured by the toll manufacturer iii. For exporter of own finished products: 1. Duly notarized valid distribution agreement with the supplier in the country where the products are to be exported 2. List of products to be exported with corresponding registration/notification numbers and validities c. For HUHS Manufacturer i. Photocopy of the Financial statement notarized/received by the Bureau of Internal Revenue (BIR) or notarized certification of initial capital invested ii. Site Master File (see Annex B) iii. List of products to be manufactured iv. List of manufacturing and quality control equipment and facilities v. List of technical and non-technical personnel indicating their academic qualifications and relevant experiences vi. Valid clearance from Department of Environment & Natural Resources (DENR) d. For Repacker i. Duly notarized valid contract/agreement with the manufacturer of the product/s to be repacked with stipulation that both the manufacturer and repacker are jointly responsible for the quality of the product ii. List of products to be repacked iii. List of repacking and quality control equipment and facilities e. For Toll Manufacture i. Duly notarized valid contract manufacturing agreement with the FDAlicensed HUHS Distributor or Trader ii. List of products to be manufactured by the toll manufacturer f. For Exporter of Own Finished Product/Finished Bulk: i. Duly notarized valid distribution agreement with the supplier in the country where the products are to be exported ii. List of products to be exported with notification/registration numbers and validity

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 156

Fees

Fees (PhP) Classification Initial (One Year) Renewal (for Two Years) Household Hazardous Substances Importer, Exporter, 3,000.00 6,000.00 Wholesaler Household Hazardous Substance

Manufacturer 1 Million and below 1,000.00 2,000.00 Over 1M but below 5M 2,000.00 4,000.00 5M but below 10M 3,000.00 6,000.00 10M but below 20M 5,000.00 10,000.00 20M but below 50M 10,000.00 20,000.00 50M and above 15,000.00 30,000.00

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 157

Certificate of Free Sale for Cosmetics and Household Urban Hazardous Substances (HUHS)

Frontline Office: Center for Cosmetic Research and Regulation

Documentary Requirements

1. Letter of Intent 2. Photocopy of the following a. Valid LTO with attachment(s) b. Valid acknowledged notification with complete particulars 3. Proof of payment

Note: If the cosmetic formulation contains placenta ingredient, submit the following:

1. Certificate of Origin indicating the specie, e.g. Equus caballus (horse), of the connective tissue extract, or embryo extract and/or placental protein 2. Certificate of Analysis stating the composition of the placental protein or hormone free 3. Certificate from Health Authority of the country of origin that the bovine is free from transmittable spongiform encephalopathy (TSE).

Fees: PhP510.00 per product per country

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 158

Certificate of Product Registration for Household/ Urban Pesticide (HUP)

Frontline Office: Center for Cosmetic Research and Regulation

Documentary Requirements

1. Duly Accomplished and Notarized Integrated Application Form including the Declaration 2. Copy of valid License to Operate as HUP Manufacturer, Trader, or Distributor (Importer, Wholesaler, Exporter) 3. Any of the following document which must be duly authenticated by the Consulate of the Philippine Embassy from the country of origin (for imported HUPs): a. Certificate of Free Sale b. Certificate of Good Manufacturing Practices (GMP) c. Manufacturer’s License or ISO Certificate equivalent to GMP 4. Quantitative and Qualitative Formulation of the HUP product 5. Safety Data Sheet (SDS) formerly known as Material Safety Data Sheet (MSDS) SDS must contain 16 sections to be consistent with the UN Globally Harmonized System of Classification and Labeling of Chemicals (GHS) a. For Raw Materials including the active ingredient (AI) b. For Finished HUP product including the product’s physico-chemical properties and the AI’s acceptance limit 6. Certificate of Analysis of the Finished HUP Product a. The COA shall be duly signed and dated by the Laboratory Analysis who conducted the tests and shall include the name and batch number of the HUP product. The COA shall reflect the technical specifications of the HUP product, test methods used and test results. 7. Copies of the test procedures/ methods conducted on the Finished HUP product (based on the Technical Specifications and COA) 8. Mock labelling and other informative materials used (per pack size) bearing the following information: a. Brand name or Trade Name b. Composition/Formulation in percentage concentration c. KEEP OUT OF REACH OF CHILDREN d. Intended Use e. Name and Address of the Manufacturer f. Name and Address of the Distributor/ Trader g. FDA Registration Number - HSR no.: _____ h. Net content i. Direction for Use j. Hazard Statement k. Storage and Disposal l. Precaution m. First Aid Treatment n. Note to Physician o. Manufacturing date p. Batch number q. Expiration date

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 159

r. Color band (Refer to the Toxicity and Hazard Classification from the Fertilizer and Pesticide Authority adopted from the WHO and GHS of Classification and Labeling of Chemicals) s. Pictogram t. Signal word 9. Commercial sample of the Finished HUP Product (for small pack sizes only) 10. Local Bio-efficacy Study 11. Toxicity Study a. Acute Oral Toxicity b. Acute Dermal Toxicity c. Acute Inhalation Toxicity d. Skin Corrosion/ Irritation e. Eye Irritation f. Skin Sensitization 12. Stability Study (Long term or Accelerated) 13. Substantiation of other claims, if any

Fees

Initial Registration (One Year Validity) - PhP500.00 Renewal (Five Years Validity) - PhP2,500.00

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 160

Medical Device Registration

Frontline Office: Center for Device Regulation, Radiation, Health and Research

License to Operate as Medical Device Importer / Wholesaler / Exporter Establishment

Frontline Office: Center for Device Regulation, Radiation, Health and Research

Documentary Requirements

I. General Requirements 1. Notarized Application Form and Joint Affidavit of Undertaking 2. Notarized Electronic Copy (E-copy) Affidavit 3. List of Medical Devices to be Imported/Distributed 4. Photocopy of the Pharmacist’s Board Registration Certificate, PRC-ID, valid PTR, Duties and Responsibilities, Certificate of Attendance of Owner/Pharmacist to an FDA/BFAD Seminar on Licensing of Drug/Medical Device Establishments and Outlets 5. Location Plan and Floor Plan (office and storage room/warehouse) with dimensions 6. Photocopy of the Business Name Registration a. If single proprietorship, registration from the Department of Trade and Industry b. If corporation/partnership, registration from the Securities and Exchange Commission (SEC) and Articles of Incorporation 7. ID pictures of the Owner/Authorized Representative and Pharmacist (not computer generated) 8. Photocopy of Notarized Contract of Lease for the space of the office and storage to be occupied or any proof of ownership if it is owned by the applicant. II. Additional Requirements 1. If Importer: a. Foreign Agency Agreement with each supplier/source duly authenticated by the Territorial Philippine Consulate b. Certificate of Registration of the Manufacturer and its conformity with GMP issued by a Government Health Authority or valid ISO Certification for Medical Device. Should be duly authenticated by the Territorial Philippine Consulate. 2. If Wholesaler: a. Notarized valid Contract/Agreement with each FDA (BFAD) licensed supplier/manufacturer b. Copy of the License to Operate (LTO) of the contracted manufacturer/supplier c. Copy of the Certificate of the Product Registration to be distributed 3. If Exporter: a. Notarized valid Contract/Agreement with each FDA (BFAD) licensed supplier/manufacturer b. Copy of the License to Operate (LTO) of the contracted manufacturer/supplier c. Copy of the Certificate of the Product Registration to be distributed

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 161

Notes

1. In addition to the hard copy of the above-mentioned standard requirements, the client shall also submit an electronic/scanned copy (in PDF searchable format at least 300dpi) on a DVD-R of the application 2. The above-stated requirements shall be properly labeled with table of contents indicating the number of pages, divider with ear tags, and place in a White Data Folder.

Fees

Fees (PhP) Classification Initial (One Year) Renewal (for Two Years) Medical Device Distributors 4,000.00 8,000.00 Importer, Exporter, Wholesaler

Certificate of Free Sale for Medical Device Products (CFS)

Documentary Requirements

1. Letter of Intent regarding application for Certificate of Free Sale 2. Certificate of Product Registration (if the product is registrable) 3. License to Operate as Medical Device Exporter 4. Fee

Certificate of Exemption for Product Registration (COE)

Documentary Requirements

1. Letter of Intent regarding exemption of the device/product from registration 2. Photocopy of Product Brochure (s) 3. License to Operate as Medical Device Distributor/Importer/Exporter 4. Fee (computation of fee is per product as indicated in the letter of intent)

Fee: PhP500.00 per product

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 162

Certificate of Product Registration of Medical Devices

Documentary Requirements

1. Table of Contents (with page number) 2. Notarized Application Form from Distributor (Importer/ Exporter/ Wholesaler)/ Local Manufacturer/Trader 3. Valid License to Operate (LTO) of Distributor (Importer/ Exporter/ Wholesaler)/ Local Manufacturer/Trader 4. Valid Government Certificate of Clearance and Free Sale/Registration approval from the country of origin issued by the Health Authority and duly authenticated by the territorial Philippine Consulate for Imported Product 5. Valid Government Certificate attesting to the status of the manufacturer, competency and reliability of the personnel and facilities or valid ISO Certification for Imported Product. For imported products, certificate must be and duly authenticated by the territorial Philippine Consulate 6. Valid Certificate of Foreign Agency Agreement between the manufacturer and trader / distributor / importer regarding the product involved duly authenticated by the territorial Philippine Consulate 7. Specific Use and Directions/Instruction for use 8. List of all raw materials used as component of the product. Must include quantity and technical specifications or detailed information on physical and chemical properties of each component 9. Brief description of the methods used, the facilities and control in the manufacture, processing, and packaging of the product. For sterile products, include sterilization standard parameters, sterilization procedures, validation protocol and results of latest sterilization revalidation with sterility tests. If the sterilization of the device is contracted out, submit copy of valid ISO Certificate of the contracted sterilizing company. 10. Technical specifications and physical description of the Finished Product. Submit also the following: a. Functionality/performance test data and results conducted on the finished product; b. Test data and results of the Biocompatibility test of the device being registered; (c) Risk analysis with control measures, if applicable 11. Stability study of the product duly signed by the person who conducted the studies to justify claimed expiration date. For accelerated study, submit computation to justify the storage condition used. If no expiration, submit justification from the manufacturer why the device has no expiration. 12. Labeling materials for all the sizes/reference codes to be used for the product: Immediate label, secondary packaging, box label and package insert/brochure, whichever is applicable 13. Representative sample (as needed) and clear colored photo of the actual commercial product sample without its packaging 14. Evidence of registration fee/payment (charge slip/official receipt)

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 163

Notes

• Submit an electronic/scanned copy (in PDF searchable format of at least 150 dpi) • The soft copy should be arranged according to the checklist of requirements. The file name should consist of the name of the requirement. The electronic copy should be contained either in one single continuous file per requirement or single continuous file for all requirements. • Bring hard copy of the assessment slip

Fees

Initial (One Year Validity) PhP1,5000.00 Renewal (Two Years Validity) PhP5,000.00

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 164

Registration of an In-Vitro Diagnostic Device (IVD) 1. Table of Contents (with page number) 2. Notarized Application Form from Distributor (Importer/Exporter/Wholesaler)/Local Manufacturer/Trader 3. Certificate of Brand Name Clearance (for branded products, if applicable) 4. Valid License to Operate (LTO) of an IVD Distributor (Importer/ Exporter/ Wholesaler)/ Local Manufacturer/Trader 5. Valid Government Certificate of Clearance and Free Sale/Registration approval of the Product from the country of origin issued by the Health Authority and duly authenticated by the territorial Philippine Consulate for Imported Product 6. Valid Government Certificate attesting to the status of the manufacturer, competency and reliability of the personnel and facilities or valid ISO Certification for Imported Product. For imported products, certificate must be and duly authenticated by the territorial Philippine Consulate 7. Certificate of Foreign Agency Agreement between the manufacturer and trader/distributor/importer regarding the product involved duly authenticated by the territorial Philippine Consulate 8. Intended use and Directions for Use 9. List of all raw materials used as components of the reagents/test kit 10. Technical specifications and physical description of the Finished Product 11. Process-control/Test Procedure and expected performance specification 12. Brief description of the methods used in the facility and the controls in the manufacture, processing, packaging of the IVD and the process flowchart showing an overview of production 13. Risk analysis with control measures 14. For INITIAL: Stability test data and results describing the shelf life, in-use stability, and the shipping stability studies to justify claimed shelf life. The testing should be performed on at least three (3) different product lots manufactured under conditions that are essentially equivalent to routine production conditions. 15. A. For INITIAL: Labeling materials to be used for the product: Immediate label, secondary packaging, box label and package insert/brochure. 16. For pregnancy test kit, 15 samples of the same lot with at least nine (9) months expiration date. For other IVD applications, samples will be submitted directly to the respective NRLs. No. of samples required will depend on the requirement of each NRL 17. Evidence of registration fee/payment (charge slip/official receipt)

Note:

• Submit an electronic/scanned copy (in PDF searchable format of at least 150dpi). • The soft copy should be arranged according to the checklist of requirements. The file name should consist of the name of the requirement. The electronic copy should be contained either in one single continuous file per requirement or single continuous file for all requirements. • Bring hard copy of the assessment slip.

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 165

X-Ray Facilities Registration

Frontline Office: Center for Device Regulation, Radiation, Health and Research

Notes

1. The surcharge/penalty for late filing of the renewal of LTO will be assessed pursuant to the Implementing Rules and Regulations (Book II, Article I Section 3.A.2) of RA 9711 and to the FDA Circular No. 2011-004 as follows: “An application for renewal of an LTO received after its date of expiration shall be subject to a surcharge or penalty equivalent to twice the renewal licensing fee and an additional 10% per month or a fraction thereof of continuing non- submission of such application up to a maximum of one hundred twenty (120) days. Any application for renewal of license filed thereafter shall be considered expired and the application shall be subject to a fee equivalent to the total surcharge or penalty plus the initial filing fee and the application shall undergo the initial filing and evaluation procedure.” 2. Pursuant to FDA Circular No. 2011-003, a Legal Research Fee (LRF) amounting to “one percent (1%) of the filing fee imposed, but in no case lower than ten pesos” shall be collected. 3. Incomplete requirements shall not be processed. 4. For initial/renewal application, fee paid shall be forfeited when the facility fails to comply with the licensing requirements within 15 days upon proper notice from the CDRRHR.

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 166

License to Operate a Dental X-Ray Facility

Documentary Requirements

1. Duly accomplished dental x-ray application form (2 copies). 2. License application fee (refer to the schedule of fees below). Either a photocopy of the machine validated Land Bank of the Philippines (LBP) OnColl Payment Slip or Manager’s Check or Cashier’s Check payable to FOOD AND DRUG ADMINISTRATION. For LBP payment, you may visit FDA website through this link for the guidelines for payment portal: https://ww2.fda.gov.ph/index.php/issuances-2/cdrrhr-laws-and- regulationspertaining-to-all-regulated-medical-devices/cdrrhr-fda- circular/508371-fda-circular-no-2018-004. 3. Photocopy of the Official Receipt of the personal dose monitor (TLD or OSL) from the provider of personnel dose monitoring service. 4. Photocopy of the certificate of training of the dentist and/or radiologic/x-ray technologist in radiation protection for radiation safety officers of dental x-ray facilities conducted by an organization recognized by CDRRHR. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIATION PROTECTION OFFICER, THIS REQUIREMENT IS OPTIONAL.) 5. Photocopy of the VALID Professional Regulation Commission (PRC) license of all the dentist/s and radiologic/x-ray technologist/s. 6. Photocopy of the PRC board certificate of all the dentist/s and/or all radiologic/x-ray technologist/s connected with the x-ray facility. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT DENTIST/S OR RADIOLOGIC/X-RAY TECHNOLOGIST/S, THIS REQUIREMENT IS OPTIONAL.) 7. Photocopy of the valid notarized contract of employment of all the dentist/s and/or radiologic/x-ray technologist/s connected with the x-ray facility. CDRRHR recommends that the contract be valid for at least one year. 8. Duly filled-up and notarized affidavit of continuous compliance. (FOR RENEWAL APPLICATION ONLY) 9. Photocopy of the business/mayor’s permit or SEC/DTI registration of the facility. (FOR INITIAL/VARIATION APPLICATION ONLY) 10. Photocopy of the latest License to Operate. (FOR RENEWAL APPLICATION ONLY)

Fees

RENEWAL Renewal of Expired LTO mA RANGE INITIAL (Valid >4 1st Month 2nd Month 3rd Month 4th Month LTO) Months 100 and 810.00 410.00 1,250.00 1,290.00 1,330.00 1,370.00 1,770.00 below 101 up to 300 1,111.00 560.00 1,715.00 1,770.00 1,825.00 1,880.00 2,431.00 301 up to 1,414.00 710.00 2,180.00 2,250.00 2,320.00 2,390.00 3,094.00 500 501 up to 1,717.00 860.00 2,645.00 2,730.00 2,320.00 2,900.00 3,757.00 700 > 700 2,020.00 1,010.00 3,110.00 3,210.00 2,815.00 3,410.00 4,420.00

Application Form: https://ww2.fda.gov.ph/attachments/article/150669/LAF_DENTAL%20X-RAY%20FACILITY.pdf

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 167

License to Operate for Dental Educational X-Ray Facility

Documentary Requirements

1. Duly accomplished dental educational x-ray license application form (2 copies). 2. License application fee (refer to the schedule of fees below). Either a photocopy of the machine validated Land Bank of the Philippines (LBP) OnColl Payment Slip or Manager’s Check or Cashier’s Check payable to FOOD AND DRUG ADMINISTRATION. For LBP payment, you may visit FDA website through this link for the guidelines for payment portal: https://ww2.fda.gov.ph/index.php/issuances-2/cdrrhr-laws-and- regulationspertaining-to-all-regulated-medical-devices/cdrrhr-fda- circular/508371-fda-circular-no-2018-004. 3. Photocopy of the Official Receipt of the personal dose monitor (TLD or OSL) from the provider of personnel dose monitoring service. 4. Photocopy of certificate of training of the radiation protection officer (RPO) in an appropriate radiation protection training course conducted by an organization recognized by the CDRRHR. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIATION PROTECTION OFFICER, THIS REQUIREMENT IS OPTIONAL) 5. Photocopy of the VALID Professional Regulation Commission (PRC) license of the Radiation Protection Officer (RPO) and all the dentist/s working in the x-ray facility. 6. Photocopy of the PRC board certificate of the RPO and all the dentist/s working in the x-ray facility. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RPO OR RADIOLOGIC/X-RAY TECHNOLOGIST/S, THIS REQUIREMENT IS OPTIONAL) 7. Photocopy of the notarized contract of employment of the RPO and all the dentist/s working in the x-ray facility. The CDRRHR recommends that the contract be valid for at least one year. 8. Duly filled-up and notarized affidavit of continuous compliance. (FOR RENEWAL APPLICATION ONLY) 9. Photocopy of the business/mayor’s permit or SEC/DTI registration of the facility. (FOR INITIAL/VARIATION APPLICATION ONLY) 10. Photocopy of the latest License to Operate. (FOR RENEWAL APPLICATION ONLY)

Fees

RENEWAL Renewal of Expired LTO mA RANGE INITIAL (Valid >4 1st Month 2nd Month 3rd Month 4th Month LTO) Months 100 and 810.00 410.00 1,250.00 1,290.00 1,330.00 1,370.00 1,770.00 below 101 up to 300 1,111.00 560.00 1,715.00 1,770.00 1,825.00 1,880.00 2,431.00 301 up to 1,414.00 710.00 2,180.00 2,250.00 2,320.00 2,390.00 3,094.00 500 501 up to 1,717.00 860.00 2,645.00 2,730.00 2,320.00 2,900.00 3,757.00 700 > 700 2,020.00 1,010.00 3,110.00 3,210.00 2,815.00 3,410.00 4,420.00

Application Form: https://ww2.fda.gov.ph/attachments/article/150669/LAF_DENTAL%20EDUCATIONAL%20X- RAY%20FACILITY.pdf

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 168

License to Operate a Medical X-Ray Facility Documentary Requirements

1. Duly accomplished medical x-ray license application form (2 copies). 2. License application fee (refer to the schedule of fees below). Either a photocopy of the machine validated Land Bank of the Philippines (LBP) OnColl Payment Slip or Manager’s Check or Cashier’s Check payable to FOOD AND DRUG ADMINISTRATION. For LBP payment, you may visit FDA website through this link for the guidelines for payment portal: https://ww2.fda.gov.ph/index.php/issuances-2/cdrrhr-laws-and- regulationspertaining-to-all-regulated-medical-devices/cdrrhr-fda- circular/508371-fda-circular-no-2018-004. 3. Photocopy of the Official Receipt or certificate of subscription of the personal dose monitor (TLD or OSL) from the provider of personnel dose monitoring service. 4. Photocopy of the VALID Professional Regulation Commission (PRC) license of all the radiologist/s and radiologic/x-ray technologist/s. 5. Photocopy of the certificate of all the radiologist/s for being a Fellow of the Philippine College of Radiology (FPCR) or Diplomate of the Philippine Board of Radiology (DPBR). (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIOLOGIST/S, THIS REQUIREMENT IS OPTIONAL) 6. Photocopy of the PRC board certificate of all the radiologic/x-ray technologist/s. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIOLOGIC/ X-RAY TECHNOLOGIST/S, THIS REQUIREMENT IS OPTIONAL) 7. For Radiologic/X-ray Technologist who will act as the radiation protection officer (RPO), photocopy of the certificate of training as proof that he/she had completed the RPO training provided by the FDA/DOH recognized training service provider. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIATION PROTECTION OFFICER, THIS REQUIREMENT IS OPTIONAL) 8. Certificate of training of the head of the facility in radiology if he is not a FPCR/DPBR for government facilities and in areas with no FPCR/DPBR within 45 km vicinity radius. 9. Photocopy of valid notarized contract of employment of all the radiologist/s and radiologic/x-ray technologist/s. The CDRRHR recommends that the contract be valid for at least one year. 10. Photocopy of performance test report from FDA – CSL/DTI – PAB accredited testing body. (FOR INITIAL/VARIATION APPLICATION OF CT SCAN/MAMMOGRAPHY ONLY) 11. Duly filled-up and notarized affidavit of continuous compliance. (FOR RENEWAL APPLICATION ONLY) 12. Photocopy of the business/mayor’s permit or SEC/DTI registration of the facility. (FOR INITIAL/VARIATION APPLICATION ONLY) 13. Photocopy of the latest License to Operate. (FOR RENEWAL APPLICATION ONLY) 14. Photocopy of a valid vehicle LTO registration (OR/CR). (FOR TRANSPORTABLE X-RAY FACILITIES ONLY)

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 169

Fees

RENEWAL Renewal of Expired LTO mA RANGE INITIAL (Valid >4 1st Month 2nd Month 3rd Month 4th Month LTO) Months 100 and 810.00 410.00 1,250.00 1,290.00 1,330.00 1,370.00 1,770.00 below 101 up to 300 1,111.00 560.00 1,715.00 1,770.00 1,825.00 1,880.00 2,431.00 301 up to 1,414.00 710.00 2,180.00 2,250.00 2,320.00 2,390.00 3,094.00 500 501 up to 1,717.00 860.00 2,645.00 2,730.00 2,320.00 2,900.00 3,757.00 700 > 700 2,020.00 1,010.00 3,110.00 3,210.00 2,815.00 3,410.00 4,420.00

Application Form: https://ww2.fda.gov.ph/attachments/article/150669/LAF_MEDICAL%20X-RAY%20FACILITY.pdf

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 170

License to Operate a Non-Medical X-Ray Facility (Industrial, Anti-Crime, and Research)

Documentary Requirements

1. Duly accomplished non-medical x-ray license application form (2 copies). 2. License application fee (refer to the schedule of fees below). Either a photocopy of the machine validated Land Bank of the Philippines (LBP) OnColl Payment Slip or Manager’s Check or Cashier’s Check payable to FOOD AND DRUG ADMINISTRATION. For LBP payment, you may visit FDA website through this link for the guidelines for payment portal: https://ww2.fda.gov.ph/index.php/issuances-2/cdrrhr-laws-and- regulationspertaining-to-all-regulated-medical-devices/cdrrhr-fda- circular/508371-fda-circular-no-2018-004. 3. Photocopy of the Official Receipt of the personal dose monitor (TLD or OSL) from the provider of personnel dose monitoring service. 4. Photocopy of certificate of training of the radiation protection officer (RPO) in an appropriate Radiation Protection for Radiation Safety Officers training course conducted by an organization recognized by the CDRRHR. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIATION PROTECTION OFFICER, THIS REQUIREMENT IS OPTIONAL) 5. Provision of Radiation Survey Meter. Applicant must be able to provide adequate access to a radiation monitoring instrument, for the conduct of the appropriate regular workplace monitoring. 6. Photocopy of valid Radiation Survey Meter Calibration Certificate. The radiation monitoring instrument should be calibrated at least once a year. 7. Copy of periodic workplace area monitoring results within the validity period of the expired license. (FOR RENEWAL APPLICATION ONLY) 8. Duly filled-up and notarized affidavit of continuous compliance. (FOR RENEWAL APPLICATION ONLY) 9. Photocopy of the business/mayor’s permit or SEC/DTI registration of the facility. (FOR INITIAL/VARIATION APPLICATION ONLY) 10. Photocopy of the latest License to Operate. (FOR RENEWAL APPLICATION ONLY)

Fees

RENEWAL Renewal of Expired LTO mA RANGE INITIAL (Valid >4 1st Month 2nd Month 3rd Month 4th Month LTO) Months 100 and 810.00 410.00 1,250.00 1,290.00 1,330.00 1,370.00 1,770.00 below 101 up to 300 1,111.00 560.00 1,715.00 1,770.00 1,825.00 1,880.00 2,431.00 301 up to 1,414.00 710.00 2,180.00 2,250.00 2,320.00 2,390.00 3,094.00 500 501 up to 1,717.00 860.00 2,645.00 2,730.00 2,320.00 2,900.00 3,757.00 700 > 700 2,020.00 1,010.00 3,110.00 3,210.00 2,815.00 3,410.00 4,420.00

Application Form: https://ww2.fda.gov.ph/attachments/article/150669/LAF_NON-MEDICAL%20X- RAY%20FACILITY.pdf

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 171

License to Operate a Veterinary X-Ray Facility

Documentary Requirements

1. Duly accomplished veterinary x-ray license application form (2 copies). 2. License application fee (refer to the schedule of fees below). Either a photocopy of the machine validated Land Bank of the Philippines (LBP) OnColl Payment Slip or Manager’s Check or Cashier’s Check payable to FOOD AND DRUG ADMINISTRATION. For LBP payment, you may visit FDA website through this link for the guidelines for payment portal: https://ww2.fda.gov.ph/index.php/issuances-2/cdrrhr-laws-and- regulationspertaining-to-all-regulated-medical-devices/cdrrhr-fda- circular/508371-fda-circular-no-2018-004. 3. Photocopy of the Official Receipt of the personal dose monitor (TLD or OSL) from the provider of personnel dose monitoring service. 4. Photocopy of the certificate of training of the veterinarian and/or radiologic/x-ray technologist in radiation protection for radiation safety officers of veterinary x-ray facilities conducted by an organization recognized by CDRRHR. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIATION PROTECTION OFFICER, THIS REQUIREMENT IS OPTIONAL) 5. Photocopy of the VALID Professional Regulation Commission (PRC) license of all the veterinarian/s and radiologic/x-ray technologist/s. 6. Photocopy of the PRC board certificate of all the veterinarian/s and/or all radiologic/x-ray technologist/s connected with the x-ray facility. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT VETERINARIAN/S OR RADIOLOGIC/X- RAY TECHNOLOGIST/S, THIS REQUIREMENT IS OPTIONAL) 7. Photocopy of the valid notarized contract of employment of all the veterinarian/s and/or radiologic/x-ray technologist/s connected with the x-ray facility. The CDRRHR recommends that the contract be valid for at least one year. 8. Duly filled-up and notarized affidavit of continuous compliance. (FOR RENEWAL APPLICATION ONLY) 9. Photocopy of the business/mayor’s permit or SEC/DTI registration of the facility. (FOR INITIAL/VARIATION APPLICATION ONLY) 10. Photocopy of the latest License to Operate. (FOR RENEWAL APPLICATION ONLY)

Fees

RENEWAL Renewal of Expired LTO mA RANGE INITIAL (Valid >4 1st Month 2nd Month 3rd Month 4th Month LTO) Months 100 and 810.00 410.00 1,250.00 1,290.00 1,330.00 1,370.00 1,770.00 below 101 up to 300 1,111.00 560.00 1,715.00 1,770.00 1,825.00 1,880.00 2,431.00 301 up to 1,414.00 710.00 2,180.00 2,250.00 2,320.00 2,390.00 3,094.00 500 501 up to 1,717.00 860.00 2,645.00 2,730.00 2,320.00 2,900.00 3,757.00 700 > 700 2,020.00 1,010.00 3,110.00 3,210.00 2,815.00 3,410.00 4,420.00 Application Form: https://ww2.fda.gov.ph/attachments/article/150669/LAF_VETERINARY%20X- RAY%20FACILITY.pdf

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License to Operate a Medical Educational X-Ray Facility

Documentary Requirements

1. Duly accomplished medical educational x-ray license application form (2 copies). 2. License application fee (refer to the schedule of fees below). Photocopy of the machine validated Land Bank of the Philippines (LBP) OnColl Payment Slip. You may visit FDA website through this link for the guidelines for payment portal: https://ww2.fda.gov.ph/index.php/issuances-2/cdrrhr-laws-andregulations- pertaining-to-all-regulated-medical-devices/cdrrhr-fda-circular/508371-fda- circular-no-2018-004. 3. Photocopy of the Official Receipt of the personal dose monitor (TLD or OSL) from the provider of personnel dose monitoring service. 4. Photocopy of certificate of training of the radiation protection officer (RPO) in an appropriate radiation protection training course conducted by an organization recognized by the CDRRHR. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIATION PROTECTION OFFICER, THIS REQUIREMENT IS OPTIONAL) 5. Photocopy of the VALID Professional Regulation Commission (PRC) license of the Radiation Protection Officer (RPO) and all the radiologic technologist/s working in the x-ray facility. 6. Photocopy of the PRC board certificate of the RPO and all the radiologic technologist/ working in the x-ray facility. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RPO OR RADIOLOGIC/X-RAY TECHNOLOGIST/S, THIS REQUIREMENT IS OPTIONAL) 7. Photocopy of the notarized contract of employment of the RPO and all the radiologic technologist/s working in the x-ray facility. The CDRRHR recommends that the contract be valid for at least one year. 8. Duly filled-up and notarized affidavit of continuous compliance. (FOR RENEWAL APPLICATION ONLY) 9. Photocopy of the business/mayor’s permit or SEC/DTI registration of the facility. (FOR INITIAL/VARIATION APPLICATION ONLY) 10. Photocopy of the latest License to Operate. (FOR RENEWAL APPLICATION ONLY)

Fees

RENEWAL Renewal of Expired LTO mA RANGE INITIAL (Valid >4 1st Month 2nd Month 3rd Month 4th Month LTO) Months 100 and 810.00 410.00 1,250.00 1,290.00 1,330.00 1,370.00 1,770.00 below 101 up to 300 1,111.00 560.00 1,715.00 1,770.00 1,825.00 1,880.00 2,431.00 301 up to 1,414.00 710.00 2,180.00 2,250.00 2,320.00 2,390.00 3,094.00 500 501 up to 1,717.00 860.00 2,645.00 2,730.00 2,320.00 2,900.00 3,757.00 700 > 700 2,020.00 1,010.00 3,110.00 3,210.00 2,815.00 3,410.00 4,420.00 Application Form: https://ww2.fda.gov.ph/attachments/article/150669/MEDICAL%20EDUCATIONAL%20X- RAY%20APPLICATION%20FORM%20(7-6-2018).pdf

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 173

Certificate of Registration (COR) for Magnetic Resonance Imaging Facility

Documentary Requirements

1. Duly accomplished MRI registration form (2 copies). 2. License application fee (refer to the schedule of fees below). Either a photocopy of the machine validated Land Bank of the Philippines (LBP) OnColl Payment Slip or Manager’s Check or Cashier’s Check payable to FOOD AND DRUG ADMINISTRATION. For LBP payment, you may visit FDA website through this link for the guidelines for payment portal: https://ww2.fda.gov.ph/index.php/issuances-2/cdrrhr-laws-and- regulationspertaining-to-all-regulated-medical-devices/cdrrhr-fda- circular/508371-fda-circular-no-2018-004 . 3. Photocopy of the VALID Professional Regulation Commission (PRC) license of all the radiologist/s and radiologic technologist/s. 4. Photocopy of the certificate of all the radiologist/s for being a Fellow of the Philippine College of Radiology (FPCR) or Diplomate of the Philippine Board of Radiology (DPBR). (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIOLOGIST/S, THIS REQUIREMENT IS OPTIONAL) 5. Photocopy of the PRC board certificate of all the radiologic technologist/s. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIOLOGIC TECHNOLOGIST/S, THIS REQUIREMENT IS OPTIONAL) 6. Photocopy of valid notarized contract of employment of all the radiologist/s and radiologic technologist/s. The CDRRHR recommends that the contract be valid for at least one year. 7. Photocopy of the business/mayor’s permit or SEC/DTI registration of the facility. (FOR INITIAL/VARIATION APPLICATION ONLY) 8. Photocopy of the latest Certificate of Registration. (FOR RENEWAL APPLICATION ONLY) 9. Radiofrequency/Magnetic Field map. (FOR INITIAL APPLICATION ONLY)

Fees

RENEWAL Renewal of Expired LTO INITIAL (Valid LTO) 1st Month 2nd Month 3rd Month 4th Month >4 Months 2,020.00 1,010.00 3,110.00 3,210.00 2,815.00 3,410.00 4,420.00

Application Form: https://ww2.fda.gov.ph/attachments/article/150669/RAF_MAGNETIC%20RESONANCE%20IMAGING%20FACILITY.p df

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Pre-Operational Permit of Therapeutic X-Ray Facility

Documentary Requirements

1. Duly accomplished application form (2 copies). 2. The design of the medical linear accelerator facility indicating shielding details duly evaluated and verified by a board certified radiation oncology medical physicist. 3. Technical description/specifications of the following equipment: a. Medical linear accelerator (linac) b. Treatment planning system c. Patient data management software if available d. Radiotherapy simulator or computed tomography simulator e. All other equipment listed in Appendix V of the AO No. 31 series 2013 4. Certification issued by the equipment manufacturer a. that the medical linac in its present condition is compliant with the performance and safety requirements of the International Atomic Energy Agency and the International Organization for Standardization/International Electrotechnical Commission (ISO/IEC). b. on the availability of spare parts, maintenance and repair services. 5. Notarized contract of employment between the facility and a. the radiation oncologist/s b. the certified radiation oncology medical physicist c. the radiation oncology medical physicist/s d. the four (4) radiologic technologists 6. Radiation Protection and Safety Program 7. Emergency procedures during testing, commissioning, internal and external quality audit and during clinical operation, including a system of reporting a radiological accident/incident. 8. Emergency preparedness and response plan in the event of radiological emergencies such as: a. Accident medical exposure of a patient b. Accident exposure of a worker c. Accident exposure of a member of the public 9. A certified true copy of the SEC/DTI registration

Application Form: https://ww2.fda.gov.ph/attachments/article/150669/PRE- OPERATIONAL%20PERMIT%20FOR%20THERAPEUTIC%20X-RAY%20FACILITY%20APPLICATION%20FORM.pdf

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License to Operate a Therapeutic X-Ray Facility

Documentary Requirements

1. Duly accomplished x-ray application form (2 copies). 2. License application fee (refer to the schedule of fees below). Either a photocopy of the machine validated Land Bank of the Philippines (LBP) OnColl Payment Slip or Manager’s Check or Cashier’s Check payable to FOOD AND DRUG ADMINISTRATION. For LBP payment, you may visit FDA website through this link for the guidelines for payment portal: https://ww2.fda.gov.ph/index.php/issuances-2/cdrrhr-laws-and- regulationspertaining-to-all-regulated-medical-devices/cdrrhr-fda- circular/508371-fda-circular-no-2018-004. 3. Photocopy of the Official Receipt of the personal dose monitor (TLD or OSL) from the provider of personnel dose monitoring service. 4. Photocopy of the VALID Professional Regulation Commission (PRC) license of all the radiation oncologist/s and radiotherapy technologists. 5. Photocopy of the Philippine Radiation Oncology Society (PROS) or Philippine Board of Radiology in Radiation Oncology (PBR-RO) certificate/s of all radiation oncologists working in the therapeutic x-ray facility. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIATION ONCOLOGIST/S, THIS REQUIREMENT IS OPTIONAL) 6. Photocopy of the PRC board certificate of all radiotherapy technologists and their certificates of training as specified in Section VI-A-4.3 of the AO No. 0031 series 2013. (FOR RENEWAL APPLICATION WITH NO CHANGES ON CURRENT RADIOTHERAPY TECHNOLOGISTS, THIS REQUIREMENT IS OPTIONAL) 7. Photocopy of the Philippine Board of Medical Physics certificate s of all Radiation Oncology Medical Physicist/s (ROMP). For non-board certified ROMP/s, documentary evidence satisfying the provisions stated in section XV-C2 of the AO No. 0031 series 2013. (FOR INITIAL/VARIATION APPLICATION ONLY) 8. Notarized contract of employment between the facility and the a. radiation oncologist/s b. radiation oncology medical physicist/s c. radiotherapy technologists 9. Notarized appointment of the Radiation Protection Officer (RPO) and the Assistant RPO. (FOR INITIAL/VARIATION APPLICATION ONLY) 10. Duly filled-up and notarized affidavit of continuous compliance. (FOR RENEWAL APPLICATION ONLY) 11. Photocopy of the latest License to Operate. (FOR RENEWAL APPLICATION ONLY) 12. Additional documents to be submitted prior to the initial issuance of the LTO: a. Acceptance Test Certificate signed by the technical representative of the equipment manufacturer/supplier and board certified ROMP (if available upon filing of application). b. Commissioning report of the equipment duly signed by the facility’s certified ROMP. c. Conformance testing report of the x-ray units in the radiation oncology facility. d. LINAC output calibration report of the DOH- SSDL or of a third-party board certified radiation oncology medical physicist

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Fees

RENEWAL Renewal of Expired LTO INITIAL (Valid LTO) 1st Month 2nd Month 3rd Month 4th Month >4 Months 2,020.00 1,010.00 3,110.00 3,210.00 2,815.00 3,410.00 4,420.00

Application Form: https://ww2.fda.gov.ph/attachments/article/150669/LAF_THERAPEUTIC%20X- RAY%20FACILITY.pdf

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Drug Establishment Registration

Frontline Office: Center for Drug Regulation and Research

License to Operate as Drug Manufacturer

Documentary Requirements

1. Application Form 2. Proof of Business Name Registration a. For single proprietorship – Certificate of Business Registration issued by the Department of Trade and Industry (DTI) b. For corporation partnership and other juridical person – Certificate of Registration issued by the Securities and Exchange Commission (SEC) and Articles of Incorporation c. For cooperative – Certificate of Registration issued by the Cooperative Development Authority (CDA) 3. Credentials of the Pharmacist and Other Qualified Personnel, including: a. Valid PRC ID b. Certificate of Attendance to appropriate FDA Licensing Seminar c. Resignation letter of the pharmacist from previous employer (if previously employed) d. Note: Other qualified personnel shall be listed, which include the (1) production manager/hear, (2) quality assurance manager/hear, (2) quality control manager/head, (4) authorized person for batch release, and (5) pharmacovigilance officer. The credentials will not be submitted during application but may be verified during inspection. 4. Risk Management Plan 5. Locational Plan and Global Positioning System (GPS) Coordinates 6. Site Master File 7. Proof of Payment 8. Self-Assessment Toolkit

Fees

Fees (PhP) Classification Initial Renewal (One Year Validity) (Two Years Validity) 20 Million and below 10,000.00 20,000.00 Over 20 Million but below 50 Million 15,000.00 30,000.00 50 Million and Above 20,000.00 40,000.00

Self-Assessment Toolkit Form: https://ww2.fda.gov.ph/attachments/article/95601/FC2014-027%20- %20Guideline%20on%20the%20Implementation%20of%20New%20Rules%20and%20Regulation%20of%20Licensing %20Drug%20Manufacturer%20following%20AO2014-0034.pdf

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License to Operate as Drug Distributors (Importer / Exporter / Wholesaler)

Documentary Requirements

1. Application Form 2. Proof of Business Name Registration a. For single proprietorship – Certificate of Business Registration issued by the Department of Trade and Industry (DTI) b. For corporation partnership and other juridical person – Certificate of Registration issued by the Securities and Exchange Commission (SEC) and Articles of Incorporation c. For cooperative – Certificate of Registration issued by the Cooperative Development Authority (CDA) 3. Credentials of the Pharmacist and Other Qualified Personnel, including: a. Valid PRC ID b. Certificate of Attendance to appropriate FDA Licensing Seminar c. Resignation letter of the pharmacist from previous employer (if previously employed) d. Note: Other qualified personnel shall be listed, which include the (1) production manager/hear, (2) quality assurance manager/hear, (2) quality control manager/head, (4) authorized person for batch release, and (5) pharmacovigilance officer. The credentials will not be submitted during application but may be verified during inspection. 4. Risk Management Plan 5. Locational Plan and Global Positioning System (GPS) Coordinates 6. Proof of Payment 7. Additional Requirements (On-Site Inspection Only) a. Quality Management System b. Quality Manual and Standard Operating Procedures c. Distributorship Agreement between the Philippine Importer/Exporter and Foreign supplier/importer d. GMP Certificates for foreign manufacturers or equivalent document (where applicable) e. Proof of Ownership/Lease Agreement of the space/building f. Reference Materials (Hard copy or e-copy i. RA 3720, RA 9711, RA 6675, RA 5921, RA 8203, RA 9502 ii. WHO Annex 5 Guide to Good Distribution Practices (GDP) for Pharmaceutical Products and Annex 9 Guide to Good Storage Practices for Pharmaceuticals iii. Standard Practice Guidelines iv. Other applicable reference materials

Fees

Initial (One Year Validity) PhP5,000.00 Renewal (Two Years Validity) PhP10,000.00

Self-Assessment Toolkit Form: https://ww2.fda.gov.ph/issuances-2/cosmetic-laws-and-regulations- pertaining-to-all-regulated-cosmetic-products/cosmetic-memorandum-circular/224758-drug-distributors

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License to Operate a Drugstore / Hospital Pharmacy / Institutional Pharmacy

Documentary Requirements

1. Application Form 2. Proof of Business Name Registration a. For single proprietorship – Certificate of Business Registration issued by the Department of Trade and Industry (DTI) b. For corporation partnership and other juridical person – Certificate of Registration issued by the Securities and Exchange Commission (SEC) and Articles of Incorporation c. For cooperative – Certificate of Registration issued by the Cooperative Development Authority (CDA) 3. Credentials of the Pharmacist and Other Qualified Personnel, including: a. Valid PRC ID b. Certificate of Attendance to appropriate FDA Licensing Seminar c. Resignation letter of the pharmacist from previous employer (if previously employed) d. Note: Other qualified personnel shall be listed, which include the (1) production manager/hear, (2) quality assurance manager/hear, (2) quality control manager/head, (4) authorized person for batch release, and (5) pharmacovigilance officer. The credentials will not be submitted during application but may be verified during inspection. 4. Risk Management Plan 5. Locational Plan and Global Positioning System (GPS) Coordinates 6. Proof of Payment 7. Additional Requirements (On-Site Inspection Only) a. Agreement between the franchiser and franchisee, where applicable b. Records/E-file c. Standard Operating Procedure d. Display of Information, Education, and Communication Materials as required e. If with additional activity i. Certificate of Training of the Pharmacist ii. Documents related to the additional activity with proof of validation f. Reference Materials i. RA 3720, RA 9711, RA 6675, RA 5921, RA 8203, RA 9502 ii. WHO Annex 5 Guide to Good Distribution Practices (GDP) for Pharmaceutical Products and Annex 9 Guide to Good Storage Practices for Pharmaceuticals iii. Philippine National Drug Formulary iv. Standard Practice Guidelines (Phil PSP) v. Pharmacovigilance-related References vi. Other applicable reference materials, including latest issuance of FDA related to community practice

Self-Assessment Toolkit Form: https://ww2.fda.gov.ph/issuances-2/cosmetic-laws-and- regulations-pertaining-to-all-regulated-cosmetic-products/cosmetic-memorandum- circular/224760-drugstores

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License to Operate a Retail Outlet for Non-Prescription Drugs (RONPD)

Documentary Requirements

1. Application Form 2. Proof of Business Name Registration a. For single proprietorship – Certificate of Business Registration issued by the Department of Trade and Industry (DTI) b. For corporation partnership and other juridical person – Certificate of Registration issued by the Securities and Exchange Commission (SEC) and Articles of Incorporation c. For cooperative – Certificate of Registration issued by the Cooperative Development Authority (CDA) 3. Credentials of the Pharmacist and Other Qualified Personnel, including: a. Valid PRC ID b. Certificate of Attendance to appropriate FDA Licensing Seminar c. Resignation letter of the pharmacist from previous employer (if previously employed) d. Note: Other qualified personnel shall be listed, which include the (1) production manager/hear, (2) quality assurance manager/hear, (2) quality control manager/head, (4) authorized person for batch release, and (5) pharmacovigilance officer. The credentials will not be submitted during application but may be verified during inspection. 4. Risk Management Plan 5. Locational Plan and Global Positioning System (GPS) Coordinates 6. Picture of RONPD with display of signage 7. Proof of Payment 8. Additional Requirements (On-Site Inspection Only) a. For franchisee, valid agreement from the franchisor and applicant company b. Records/E-file c. Reference Materials (hard copy or e-copy) i. RA 3720, RA 9711, RA 6675, RA 5921, RA 8203, RA 9502 ii. WHO Annex 5 Guide to Good Distribution Practices (GDP) for Pharmaceutical Products and Annex 9 Guide to Good Storage Practices for Pharmaceuticals iii. Other applicable reference materials d. Standard Operating Procedures i. Receipt and Dispatch ii. Handling consumer complaints, product recalls, and other regulatory mandates iii. Disposal of expired/deteriorated/damaged and returned products iv. Cleaning of Storage area v. Other SOPs as reuquried e. Display of Information, Education, and Communication Materials as required

Guidelines: https://ww2.fda.gov.ph/issuances-2/cosmetic-laws-and-regulations- pertaining-to-all-regulated-cosmetic-products/cosmetic-memorandum-circular/224761- ronpds

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Foreign Good Manufacturing Practice (GMP) Clearance

Documentary Requirements

1. For Foreign GMP Evidence Evaluation a. Letter of Request b. GMP Evidence c. Annex B d. Annex C (for non-PIC/s countries) e. Annex E f. Assessment Slip 2. For Foreign GMP Inspection (if disapproved from desktop evaluation) a. Letter of Request b. Annex C (where applicable) c. Annex D d. Notice of Inspection e. Assessment Slip 3. For Renewal of GMP Clearance a. Letter of Request b. GMP Evidence c. Annex B d. Annex C (for non-PIC/s countries) e. Annex E f. Copy of GMP Clearance g. Assessment Slip 4. Re-issuance of GMP Clearance a. Letter of Request b. Copy of GMP Clearance c. Assessment Slip

Notes

• All documentary requirements must be in PDF format to be submitted to PAIR • Existing image file format shall be followed • A hard copy of the letter of request is required

Forms: https://ww2.fda.gov.ph/industry-corner/downloadables/313-foreign-good- manufacturing-practice-gmp-forms

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Food Establishment Licensing Requirements

License to Operate a Food Establishment

Documentary Requirements

1. Accomplished Integrated Application Form 2. Proof of Payment of Fees 3. Proof of Business Registration a. If Single Proprietorship: Valid Certificate of Business Name Registration with the Department of Trade and Industry indicating the same name, address and ownership as the establishment applying for a license; b. If a Corporation or Partnership: 3.2.1 i. Valid Registration with Securities and Exchange Commission (SEC) indicating the same name, address, and ownership as the establishment applying for a license; ii. Articles of Incorporation; and iii. Other pertinent documents, as applicable; c. If a Cooperative: Certificate of Cooperative Development Authority (CDA) indicating the same name, address, and ownership as the establishment applying for a license; 4. If the business name and/or and address is different from the registered name and/or address in the DTI-, SEC-, or CDA-issued certificate, the following shall be submitted in addition to the documents specified above as applicable: a. If a Corporation or Partnership, SEC Certificate must reflect “Doing business under the name and style of (Name of Establishment) b. Valid Mayor's Business Permit or Barangay Business Permit indicating the same name, address and ownership as the establishment applying for a license; 5. Proof of Occupancy (per facility and/or address declared as part of the establishment); a. If the facility and/or address declared as part of application is not owned by the applicant: i. Notarized valid Contract of Lease of the space or building occupied; and ii. If the applicant is engaged in distribution (i.e. third-party logistics): - Duly notarized warehousing agreement; b. If the facility and/or address declared as part of application is owned by the applicant: - Copy of Transfer Certificate of Title; 6. Product List a. The list of food products to be manufactured, processed or repacked with proposed brand name per product b. The list of products to be distributed, sold, or offered for sale or use, as appropriate, including the following information per product: i. Business name and address of direct source; ii. Business name and address of facility where the product is last packaged, if different from source; iii. Business name and address of facility where product is last processed, if different from last packaging site and direct source;

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iv. If product is to be imported, a unique global product identification number (if applicable) 7. Location Map – a graphic illustration indicating the address, landmarks, immediate environment, type of building, and Global Positioning System (GPS) coordinates (if available) for each facility and/ or address declared part of the establishment: a. Food Manufacturer- Manufacturing Plant b. Food Distributor- Office and warehouse/s (if different from the Office) 8. Floor plan/ layout with dimensions a. Food Manufacturer- Manufacturing Plant b. Food Distributor- Office and warehouse/s (if different from the Office)

Specific Requirements

Manufacturer/Processor

1. Description of the products to be manufactured (e.g. list of ingredients, physicochemical, and/or microbiological specifications) 2. Description of manufacturing process or food processing/preparation, including a flowchart with quality control points, as appropriate to the size of operation 3. Quality control procedures, as appropriate to the size of operation 4. Results of analysis of Finished Product /s showing compliance with applicable standards 5. Facsimile of proposed product label, compliant with FDA standards

Repacker

1. Description of the product to be repacked (e.g. name of product, physicochemical, and/or microbiological specifications) 2. Description of repacking process, including a flowchart with quality control points 3. Quality control procedures 4. Results of analysis of Finished Product /s showing compliance with applicable standards 5. Photocopy of duly notarized valid contract or agreement with the manufacturer, and, as appropriate, the License to Operate (LTO) of the manufacturer where the product will be sourced for repacking 6. Facsimile of proposed label, compliant with FDA labelling requirements

Toll Manufacturer

1. Valid and notarized toll manufacturing agreement with FDA-licensed trader 2. Copy of valid LTO including attachments

Importer of Raw Materials for Own Use

1. Each item declared in the list of food product(s) to be imported must be identified in any of the following: a. Pro forma invoice b. Foreign agency agreement/ Contract Agreement 2. Scanned copy of any of the following original documents issued to the source by the regulatory or health authority at the country of origin. Otherwise, attested by recognized business association or chamber of commerce at the country of Origin per source: a. Valid manufacturer’s certificate of registration with GMP compliance, or its equivalent,

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b. Valid Sanitary Phyto-sanitary Certificate or Health Certificate, c. Valid ISO 22000 Certification, d. Valid HACCP Certificate, or • Certificate of Free Sale *If document is in foreign language other than English, provide an Official English translation by issuing agency or authenticated by Philippine Consulate from country of origin. 3. Appropriate test result or certificate of analysis routinely conducted in the country of origin or source that would indicate or show safety of the product. For test or analysis conducted in the Philippines, the applicant shall be guided by appropriate FDA standards as published in the FDA Website in addition to the recognition or accreditation of laboratories

Importer-Distributor of Raw Materials/Finished Products/ Ingredients/ Additives for Distribution

1. Each item declared in the list of food product(s) to be imported must be identified in any of the following: a. Pro forma invoice b. Foreign agency agreement c. Appointment letter d. Distributorship agreement 2. Scanned copy of any of the following original documents issued to the source by the regulatory or health authority at the country of origin. Otherwise, attested by recognized business association or chamber of commerce at the country of Origin per source: a. Valid manufacturer’s certificate of registration with GMP compliance, or its equivalent b. Valid Sanitary Phyto-sanitary Certificate or Health Certificate c. Valid ISO 22000 Certification d. Valid HACCP Certificate e. Certificate of Free Sale * If document is written in foreign language other than English, provide an Official English translation by regulatory/health authority or issued by private entity, authenticated by Philippine Consulate from country of origin 3. Appropriate test result or certificate of analysis for salt, flour, cooking oil, rice premixes and other products with current safety issue.

Distributor-Exporter

1. Any of the following documents issued to the applicant by the establishment from which it sources the products it exports: a. Valid notarized distributorship agreement; or b. Letter of appointment between FDA-licensed manufacturer and exporter 2. Valid Certificate(s) of Product Registration

Distributor-Wholesaler

1. Any of the following documents issued to the applicant by the establishment from which it sources the products it sells: a. Valid notarized distributorship agreement; or

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 185

b. Letter of appointment between the applicant and FDA-licensed source 2. Valid Certificate(s) of Product Registration

Food Trader

Any establishment which is a registered owner of food and food product/s and/or procure the raw materials and packing components, quality control standards and procedures, but subcontracts the manufacture of such product to a licensed manufacturer

1. Valid and notarized toll manufacturing and/or repacking agreement with FDA- licensed toll manufacturer and/or repacker

Fees

Fees (PhP) Classification Initial (One Year) Renewal (for Two Years) Food Manufacturer 1 Million and below 1,000.00 2,000.00 Over 1M but below 5M 2,000.00 4,000.00 5M but below 10M 3,000.00 6,000.00 10M but below 20M 5,000.00 10,000.00 20M but below 50M 10,000.00 20,000.00 50M and above 15,000.00 30,000.00 Food Distributors Importer, 4,000.00 8,000.00 Exporter, Wholesaler Iodized Salt Importer 1,000.00 2,000.00

Checklist: https://ww2.fda.gov.ph/attachments/article/95603/Requirement%20for%20LTO%20Intial.pdf

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Food Registration

Certificate of Product Registration.

Documentary Requirements

1. Valid License to Operate (Food Manufacturer / Exporter / Trader / Importer / Distributor / Wholesaler) 2. Scanned copy of clear and complete loose labels or artworks as applicable, of all packaging sizes, or equivalents as defined by FDA regulations and Picture of the product in all angles and in different packaging sizes, and from at least two different perspective allowing visual recognition of a product as the same with the one being registered. For Food Supplement: Please include the artworks and/or blister packs Alu-Alu Pack and secondary packaging i.e. paper box or cardboard box 3. Specific Requirements • For Trader/Wholesale/Distributor of Locally Manufactured Food Products (When a product is manufactured or distributed by an establishment other than the FDA Licensed Manufacturer) a. Scanned copy of any of the Following: (1) Notarized Distribution b. Contract Agreement with FDA Licensed Food Manufacturer/Repacker • For Importers/Distributor a. Scanned copy of any of the original documents (1) Foreign Agency Agreement (2) Certificate of Distributorship (3) Appointment Letter (4) Proforma Invoice (5) Memorandum of Agreement from the manufacturer b. Scanned copy of any of the following: (1) Valid Phytosanitary Certificate / Health Certificate (2) Valid ISO 22000 Certification (3) Valid HACCP Certificate issued in the country of origin (4) Certificate of Free Sale (CFS) attested by the recognized regulatory body or Chamber of Commerce / Philippine Consulate in the country of Origin 4. As Applicable, Documents to substantiate claims, such as: • Technical or nutrition health studies or reports • Market research studies • Certificate of analysis, quantitative analysis and computations • Scientific reports or studies published in peer-reviewed scientific journals • Certificates or certification of support use of logo/seal on Sangkap Pinoy, Halal, Organic, Kosher and in compliance with current labelling requirements 5. Certificate of Analysis reflecting critical parameters to determining compliance to applicable standards and regulations • For medium and high risk products with standards of identity (infant formula, milk supplement, food for infants and young children, foods for special medical purposes, foods for special dietary use, food supplements, bottled water, processes meat products, etc.), the corresponding Certificates of Analysis for assessment of compliance to such standard must be uploaded.

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 187

• Fortified Food Product covered by RA 8176 (iodized salt) and RA 8976 (cooking oil, flours, and refined sugar) 6. Additional requirements for Food Supplement: • Stability study of the finished product • Safety data (e.g. LD50 or toxicity tests as applicable to products with herbs and botanical ingredients not included in the Official Pharmacopoeias and Generally Recognized as Safe (GRAS) list or other applicable test procedures or reports to assess potential toxicity) must be attached to address uncertainties on safety of the product 7. Actual representative product sample of Food Supplement (on initial application only) in commercial presentation with labels. Representative sample must be properly labelled with the respective case numbers, packages accordingly to protect the contents and submitted to FDA Main office within 10 days upon assess fee through either of the following means: • Delivery via registered courier that must contain the following information: To: Food and Drug Administration Civic Drive, Filinvest City, Alabang, Muntinlupa City From: Company’s complete name and address Subject: Food Product e registration application Case No.: ------

Basic Procedure on E-Registration (as per FDA Circular 2016-014)

1. Secure username and password and submit/upload the required documents 2. Log In at the FDA website e-portal (https://www.fda.gov.ph/sysFDA_WorkFlow/en/neoclassic/login/login 3. Click New Case 4. Input/Type on the required fields the information pertaining to the product • Input/Declaration of the brand and product name; food category (low risk, medium, and high risk) • Input/Declaration on data entry of complete list of ingredients in descending order of proportion • Input/Declaration on data entry of the Finished product specification/description (physical, chemical, microbiological) as applicable • Input/Declaration on data entry of the Establishment Information • Input/Declaration of the packaging material and presentation; shelf-life; storage; allergen information; Lot Code interpretation 5. Upload the required documents 6. Print the Oder of Payment and pay the corresponding assessed fee through FDA Main Office Alabang Cashier or Bancnet on line payment gateway following the procedure per FDA Advisory 2015-021 or any applicable payment system prescribed by FDA. 7. Track the application through the Process Map

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 188

Fees

Fees (PhP) Classification Initial (One Year) Renewal (for 5 Years) Category 1 200.00 1,000.00 Category 2 250.00 1,250.00 Food Supplement 1,000.00 5,000.00 Bottled Water 1,000.00 5,000.00

Guidelines: https://ww2.fda.gov.ph/attachments/article/95602/Food%20Registration%20Requirements% 202017.pdf

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 189

NATIONAL WATER RESOURCES BOARD (NWRB) Source: http://www.nwrb.gov.ph/images/citizens_charter/REVISED_CITIZENS_CHARTER-NWRB_Dec_10_2013.pdf (as of December 2013)

Schedule of Availability of Service: 8:00AM – 5:00PM, Monday-Friday

Water Permit

Who May Avail of the Service: All Filipino citizens; association, duly registered cooperatives or corporations organized under Philippine laws, at least 60% of the capital or which is owned by citizens of the Philippines; government entities and instrumentalities, including government-owned and controlled corporations.

Documentary Requirements

General Requirements

A. Duly accomplished Water Permit Application (WPA) and Notices B. Proof of land ownership of, legal title to, or right to use, the property on which the water source is situated C. List of beneficiaries with corresponding hectarage and tax declaration certified by Municipal/Provincial Assessor D. Location plan and vicinity map showing: 1. Point of diversion of water source 2. Delineation of service area indicating hectarage for which water will be used 3. Nature of diversion works whether temporary or permanent 4. In case of groundwater, location and spacing of proposed drilling sites E. Business Registration 1. CORPORATION/PARTNERSHIPS – Securities and Exchange Commission (SEC) Registration with Articles of Incorporation & By-Laws and Certificate of latest Corporate Financial Structure issued by the Corporate Secretary; 2. COOPERATIVE – Certificate of Registration from Cooperative Development Authority (CDA); 3. SOLE PROPRIETORSHIP – Certificate of Registration from Department of Trade and Industry (DTI); WATER DISTRICT – Certificate of Conformance from Local Water Utilities F. Environmental Compliance Certificate or Certificate of Non-Coverage (Department of Environment and Natural Resources-Environmental Management Bureau (DENR – EMB) G. Bacteriological Test (if found negative, attached duly notarized manifestation letter indicating water treatment process) H. Clearance from Bureau of Food and Drugs (BFAD) or any agency accredited with BFAD (for Bottled Water) I. Subdivision Plan J. Brief description of the project which includes: 1. how water will be used 2. amount of water needed 3. power expected to be generated 4. amount of water to be discharged back to the source 5. measures to be taken to avoid water pollution

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 190

6. population and area to be served 7. area of water surface needed for the purpose 8. scheme of development K. Well drilling data (Pumping Test, Well Log Data, Water Analysis) in case of existing groundwater source. NOTE: Well Driller must have a valid NWRB Certificate of Registration L. Other requirement as deemed necessary by the Board

Specific Requirements

1. MUNICIPAL USE: documents listed on letters A, B, D1, D3, D4, E, G, I, K, L 2. IRRIGATION/AGRICULTURE USE: documents listed on letters A, B, C, D1-4, E, K ,L 3. POWER USE: documents listed on letters A, B, D1, D3, E, F, J1-5, & J8, K, L with the following additional requirements: a. Certificate of Endorsement from Department of Energy (DOE); b. Certificate of Registration from DOE; c. schematic diagram of project development with corresponding coordinates; d. feasibility study (hydrology part); and environmental/ ecological study of possible effect or impact of the hydropower project on the river ecosystem 4. FISHERIES USE: documents listed on letters A, B, D1, D3, D4, E, F, K, L 5. INDUSTRIAL USE: documents listed on letters A, B, D1, D3, D4, E, F, I, J1, J2, J4, J5,J8, K, L 6. LIVESTOCK USE: documents listed on letters A, B, D1, D3, D4, E, F, K, L 7. RECREATIONAL USE: documents listed on letters A, B, D1, D3, D4, E, F, J1, J2, J5, J7, K, L 8. BULK WATER SUPPLY: documents listed on letters A, B, D1, E, G, J1, J2 and MOA/Joint Venture Agreement between the private water supplier and the buyer with specific purpose on how water will be used. 9. OTHER USE: documents listed on letters A, B, D1, D3, D4, E, G, H, J1, J2, J5, K, L

Procedure

1. Applicant secure WPA forms 2. Screening of WPA and documents 3. Payment 4. Filing 5. Application Endorsement and Posting of Notice 6. Mailing of Letters 7. Field investigation 8. Determined water Resources 9. Permit to Dill 10. Submission of Well Data 11. Evaluation 12. Recommendation and Approval 13. CWP Preparation and releasing 14. Submission of Compliance 15. Recommendation and Approval 16. Water Permit Preparation and Releasing

Processing Period: Four (4) to six (6) months without protest

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 191

Certificate of Public Convenience (CPC)

Who May Avail/Apply Certificate of Public Convenience: All private waterworks or water utility operators who are required under Section 15 of the Public Service Act to apply for CPC.

Documentary Requirements

1. Articles of Incorporation/Partnership/DTI Registration 2. Board resolution (for corporations and partnerships) or special power of attorney (for single proprietorships) authorizing the signatory to sign and file the application 3. Copy of Approved Water Permit/s 4. Copy of Official Receipt/s of Annual Water Charges 5. Copy of Latest Certificate of Potability issued by City/Municipal Health Officer where source is located with Results of Bacteriological, Physical & Chemical Impurities conducted by laboratory of DOH 6. Plan of Water Distribution System 7. Plan, Elevation of Cross-sectional Views of Tank/Reservoir 8. Plan, Elevation of Cross-sectional Views of Pump House, Machinery & Equipment 9. Latest Audited Financial Statement1 10. Actual Balance Sheet of Water Operations2,1 11. Actual Income Statement for Water Operations2,1 12. List of Existing Assets in Service Subject to Return1 13. Itemized Projected Financial Statement for Water Operations for 5 years a. Income Statements b. Funds Flow c. Balance Sheet d. Assumptions 14. Business Plan & Itemized List of Required Investments for the Next 5 years 15. Proposed Tariff Schedule 16. Levels of service agreed of consumers commensurate with proposed rate 17. Others

1 For new CPC applicants, last 2 years For old applicants, last 2 years 2 If applicant has another operation other than water supply

Procedure

1. Submission of application at the Registration & Licensing Section and Water Rates Evaluation Section; 2. Payment of Filing Fee 3. Issue Docket Number 4. Issue Notice of Hearing 5. Publication of Notice 6. Hearing a. Technical (Site Inspection) b. Financial (Examination of books of accounts and Tariff Analysis) 7. Consolidation and evaluation of reports/findings 8. Report/Recommendation for Board Action

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 192

9. Executive Director recommends application for Board Approval, and NEDA for Tariff Validation 10. NWRB Board Approval 11. Board Resolution of Approval 12. Preparation of the Certificate of Public Convenience Diploma 13. Release of CPC Diploma

Processing Period: Minimum of six (6) months

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 193

Permit to Drill (PTD) for Observation/Monitoring Deepwells

Who May Avail of the Service: All proponents who require establishment of observation wells for monitoring purposes.

Documentary Requirements

1. Letter request stating reasons for the establishment of observation/monitoring deepwells 2. Proof of land ownership where the deepwell will be drilled 3. Location Plan 4. Project Description

Procedure

1. Applicant submits letter of request with attachment to AFDRS 2. NWRB checks the documents and prepares Permit to Drill (PTD) 3. Applicant proceeds to cashier for payment 4. Issuance of Official Receipt (OR) 5. Client presents OR to WRD and received PTD

Processing Time: 55 minutes

NWRB Certification for PEZA Registration

Who May Avail of the Service: Those who are applying for registration with the Philippine Economic Zone Authority (PEZA).

Documentary Requirements

1. SEC Registration 2. Project Feasibility/Water Resources Studies 3. Location Map and Diversion Point 4. Source/s of Water Supply 5. Water Requirement of the Project (if applicable)

Procedure

1. Applicant submits letter of request with requirements 2. NWRB forwards the request to the Water Resources Assessment Section (WRAS) of the Policy and Program Division (PPD) 3. NWRB analyzes and Evaluates using available data at NWRB 4. Recommendation and endorsement to PPD, DEDO (Deputy Executive Director’s Office), EDO 5. If favorable, DEDO/EDO records and approves the Certificate and routes back to PPD/WRAS 6. Client secures Order of Payment from WRAS and proceeds to Cashier for payment 7. Issuance of Official Receipt 8. Presents Official Receipt to WRAS and receives the NWRB Certification

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NATIONAL LEVEL CLEARANCES, PERMITS, AND LICENSES 194

DEPARTMENT OF FINANCE (DOF)

Mabuhay Lane 1. Export-oriented Firms with BOI or equivalent agency endorsement 2. Sec. 4(3), Article 14 of the 1987 Philippine Constitution 3. Agreement between the ADB and the Gov’t of RP regarding the headquarters of the ADB, Secs. 34 and 45 and R.A. No. 10963, Sec. 109(k) 4. Importations of personal effects and household good 5. Importations of books and raw materials thereof 6. The Florence Agreement Annexes A to H and R.A. No. 10963, Sec. 109(r) 7. R.A. No. 11035, Sec. 6(e) (Balik-Scientist Program) 8. R.A. No. 10963, Sec. 109(b)

Procedure

1. Applicant proceeds to Kiosk-Revenue Office (RO) to encode corporate /individual identity. 2. Officer of the Day checks the accuracy and completeness of registration documents. 3. Applicant presents his application at the designated Window of the Revenue Office (RO) for evaluation. 4. Officer of the Day checks the completeness of documents submitted based on the Checklist Form. 5. Applicant secures Order of Payment based on the Schedule of Filing Fees. Applicant with Order of Payment proceeds to Cashier to pay the appropriate filing fee. Applicant secures an Official Receipt from the Cashier. Applicant proceeds to CRMD for filing and generating/recording of application/s 6. CRMD, a separate office, generates a trace number for the application. The application is assigned to RO Action Officer based on the legal basis claimed by the applicant. CRMD forwards applications to the Revenue Office. 7. AO evaluates the application and selects the correct legal basis in the TESLite . Details of the importations are encoded in the TESLite . AO generates Indorsement for tax exemption applications or prepares reply letter and initials on the second copy. 8. The AO determines if inspection/ verification is necessary for any application and recommends to Director IV for approval. 9. Director IV reviews and signs the application 10. Approval of Application 11. Release of signed reply/endorsement/TEI

Notes

• Letter-request and Affidavit of End-use should be original copies. Other requirements should be clear and readable copies. • Incomplete supporting documents are returned to the applicant.

Processing Period: within three (3) working days from receipt of complete documentary requirements.

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PHILIPPINE LABOR CODE COMPLIANCE 195

PHILIPPINE LABOR CODE COMPLIANCE

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PHILIPPINE LABOR CODE COMPLIANCE 196

SOCIAL SECURITY SYSTEM (SSS) Source: SSS 2018 Citizens Charter https://www.sss.gov.ph/sss/DownloadContent?fileName=Citizens_Charter_2018.pdf (as of 2018) Employer Registration An employer or any person who uses the services of another person in business, trade, industry or any undertaking must be registered with the SSS. Social, civic, professional, charitable and other non-profit organizations, which hire the services of employees, are considered "employers".

Documentary Requirements

LEGAL PERSONALITY AUTHORIZED SIGNATORY SUPPORTING DOCUMENTS Single Proprietorship Owner or, in his/her Any of the following: absence, any 1. Certificate of Registration of representative with Business Name from the DTI Special Power of Attorney 2. Business Permit from the (SPA) City/Municipal Office

Partnership Managing Partner Approved Articles of Partnership from Incorporation from SEC

Corporation including President, Chairman or Approved Articles of Incorporation non-stock/non-profit Corporate Secretary from SEC corporations

Foreign-Owned The designated Philippine 1. Approved Articles of Corporation representative as shown Incorporation from SEC; and in the SEC Registration 2. License to Transact Business in the Philippines

Manning Agency with President, Chairman or 1. Approved Articles of foreign principal Corporate Secretary Incorporation from SEC; and 2. Agency Agreement between the manning agency and foreign principal

Cooperative Chairman or Corporate Approved Articles of Cooperation Secretary from the Cooperative Development Authority (CDA)

Manpower Service Chairman or Corporate 1. Approved Articles of Cooperative Secretary Cooperation from CDA; and 2. Accreditation from the Department of Labor and Employment

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PHILIPPINE LABOR CODE COMPLIANCE 197

List of Filer’s Valid Identification (ID) Cards/Documents Employer Registration Form (SS Form R-1)

FILED BY IDENTIFICATION REQUIREMENTS BUSINESS REPRESENTATIVE EMPLOYER One (1) Primary ID card/document of the authorized signatory of the SS Form R-1; or ✓ ✓ (Present the original Two (2) Secondary ID cards/documents of (Present the original) and submit the the authorized signatory of the SS Form photocopy) R-1 [both with signature and at least one (1) with photo] One (1) Primary ID card/document of the representative of the authorized signatory ✓ of the registration form; or (Present the original

and submit the Two (2) Secondary ID cards/documents of photocopy) representative of the authorized signatory of the SS Form R-1. ✓ Authorization Letter (Submit the original)

A. Primary Cards/Documents 1. Driver’s License 2. Passport 3. Professional Regulation Commission (PRC) card 4. Seaman’s Book (Seafarer’s Identification & Record Book) 5. Social Security (SS) Card 6. Unified Multi-Purpose ID (UMID) Card

B. Secondary ID Cards/Documents 1. Alien Certificate of Registration 2. Certificate from any of the following, whichever is applicable: • National Commission on Indigenous Peoples • National Commission on Muslim Filipinos 3. Certificate of Licensure/Qualification Documents from Maritime Industry Authority 4. Company ID Card 5. Credit Card 6. Firearm License Card issued by Philippine National Police (PNP) 7. Fishworker’s License issued by Bureau of Fisheries and Aquatic Resources (BFAR) 8. Government Service Insurance System (GSIS) Card/Member’s Record/Certificate of Membership 9. Health or Medical Card 10. Homeowners Association ID Card 11. ID Card issued by Local Government Units (LGUs) (e.g., Barangay/Municipality/City) 12. ID Card issued by professional association recognized by PRC 13. Marriage Contract/Marriage Certificate 14. Overseas Worker Welfare Administration (OWWA) Card 15. PAG-IBIG Member’s Data Form or Transaction Card 16. Philippine Health Insurance Corporation (PHIC) ID Card/Member’s Data Record 17. Police Clearance 18. Postal ID Card

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PHILIPPINE LABOR CODE COMPLIANCE 198

19. School ID Card Procedure

1. Get Employer Registration Form (SS Form R-1) and/or Specimen Signature Card (L- 501); 2. Read instructions and fill out the form in two (2) copies; 3. Get a queue number and wait for the number to be called. 4. Submit the accomplished form/s duly signed by the authorized signatory together with the original and photocopy/ies of the required document/s and valid Identification cards/documents; and 5. Get the following: a. Processed copies of SS Form R-1; b. Specimen Signature Card (if any); c. Certificate of Registration (for regular employers only) d. Letter to employer; and e. Original copies of the presented documents

Processing Time: 15 minutes

Fee: No Service Fees

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PHILIPPINE LABOR CODE COMPLIANCE 199

HOME MUTUAL DEVELOPMENT FUND (HDMF) Source: 2019 Pag-ibig Citizens Charter 1st Edition https://www.pagibigfund.gov.ph/document/pdf/citizencharter/Citizen%20Charter_Ease%20of%20Doing%20Busin ess%20and%20Efficient%20Government%20Service%20Delivery%20Act%20of%202018.pdf (s. 2019)

The HDMF, otherwise known as PAG-IBIG (Pagtutulungan sa kinabukasan: Ikaw, Bangko, Industriya at Gobyerno) Fund is a government financial institution involved in mobilizing provident funds primarily for shelter finance, It is a nationwide tax-exempt mutual provident savings system for private and government employees and other earning groups, supported by mandatory contributions of their respective employers in the spirit of social justice and the pursuit of national development, with housing as the primary investment.

PAG-IBIG Employer Registration Employer registration enables employers to register with the Fund and secure their Pag- IBIG Employer ID Number.

Office or Division:

• Member Services I - Marketing and Sales - Pag-IBIG Fund Branch • Data Center Department (DCD)

Who may avail:

• Employers of employees’ compulsory covered by the SSS. These shall include private employers previously granted waiver or suspension. • The Government, its national and local offices, political subdivisions, branches, agencies or instrumentalities, government-owned and controlled corporations (GOCCs), including the Armed Forces of the Philippines, Bureau of Fire Protection, the Bureau of Jail Management and Penology, and the Philippine National Police

Documentary Requirements

1. Employers Data Form (HQP-PFF-002) (1 Original); 2. Present the following as proof of business existence: i. For Sole Proprietorship - Department of Trade and Industry (DTI) Certificate of Registration (1 Certified True Copy) ii. Partnership/Corporation/Foreign-Owned Corporation • Securities and Exchange Commission (SEC) Certificate of Partnership/ Incorporation (1 Certified True Copy) • Approved Articles of Partnership/ Incorporation and By-Laws (1 Certified True Copy) iii. For Cooperative • Cooperative Development Authority (CDA) Certificate (1 Certified True Copy) • Approved Articles of Cooperation (1 Certified True Copy) iv. For Trade Association • Securities and Exchange Commission (SEC) Certificate of Incorporation (1 Certified True Copy) • Articles of Incorporation and By-Laws (1 Certified True Copy)

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PHILIPPINE LABOR CODE COMPLIANCE 200

Procedure

PROCESSING CLIENT STEPS AGENCY ACTIONS TIME Proceeds to the Information Officer and Provides queue number for the get a queue number and wait for the 30 minutes desired transaction. number to be called.

Receives EDF and required 15 minutes documents and encodes employer Submits duly accomplished EDF and details in the system. present the required supporting documents to Marketing Specialist. At cut-off period, the system shall 2 Working perform deduping process prior Days assignment of ERID number

Processing Time: 2 days and 45 minutes

Processing Fee: None

Notes: a. Once the Pag-IBIG Employer ID Number is available, the employer shall receive a letter informing them on the assigned Pag-IBIG Employer ID Number. b. Registrant may also inquire their Employer ID No. through the Pag-IBIG Hotline or at any Pag-IBIG Fund Branch after three (3) working days upon successful registration. i. The concerned employer may call telephone number 8724-4244 and request their Pag-IBIG Employer ID number. ii. The concerned employer/authorized representative may also visit any Pag-IBIG Fund Branch and present one (1) valid ID to request their Pag- IBIG Employer ID number.

*Time indicated shall include waiting time of the transacting members and shall depend on the number on queue.

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PHILIPPINE LABOR CODE COMPLIANCE 201

PHILIPPINE HEALTH INSURANCE CORPORATION (PHILHEALTH) Source: PHILHEALTH 2017 Citizens’ Charter https://www.philhealth.gov.ph/about_us/transparency/Citizens_Charter.pdf (s. 2017)

PHILHEALTH Private Employer Registration (Formal Economy)

Manual Registration

PHILHEALTH LOCATION DOCUMENTARY REQUIREMENTS FEES DURATION FORMS PhilHealth Business permit / license to operate (Non-PBR) and/or any of the following: • Single Proprietorship – DTI Business Name Registration • Partnerships, Corporations, Foundations, & Non-Profit No Organizations – SEC Certificate of 15 minutes ER1 Service Registration per ER1 Fee • Cooperatives – CDA Registration • Backyard Industries/Ventures and Micro-Business Enterprises – Barangay Certification and/or Mayor’s Permit

Electronic Registration

PHILHEALTH LOCATION DOCUMENTARY REQUIREMENTS FEES DURATION FORMS Securities and Exchange Commission No None – Integrated Service c/o SEC

Business Fee Registration System (SEC-IBRS) Philippine No Business None Service c/o DTI Registry Fee (PBR)

Electronic Premium Remittance System Account for Employers

DOCUMENTARY PHILHEALTH FORMS FEES DURATION REQUIREMENTS Manual No None PhilHealth Online Access Submission Service Within Form (POAF) Fee Three (3) Electronic No Working None Electronic PhilHealth Online Submission Service Days Access Form (e-POAF) Fee

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PHILIPPINE LABOR CODE COMPLIANCE 202

DEPARTMENT OF LABOR AND EMPLOYMENT The Philippines' Department of Labor and Employment is the executive department of the Philippine Government mandated to formulate policies, implement programs and services, and serve as the policy-coordinating arm of the Executive Branch in the field of labor and employment.

Occupational Safety and Health Standards Registration Source: http://www.oshc.dole.gov.ph/images/Files/OSH%20Standards%202017.pdf (as of 2017)

Every employer shall register his business with the Regional Labor Office or Authorized Representative having jurisdiction thereof to form part of a databank of all covered establishments.

Establishments regardless of size of economic activity, whether shall, medium or large scale in one single location shall register.

Period of Registration

8. Existing establishment shall be registered within sixty (60) days after the effectivity of this Standards. 9. New establishments shall register within thirty (30) days before operation.

Documentary Requirements

1. Three (3) copies of Form DOLE-BWC-IP-3; 2. Layout plan of the place of work floor by floor, in a scale of 1:100 meters white or blue print showing all the physical features of the workplace including storage, exits, aisles, machinery, clinic, emergency devices and location.

Fees: Free of charge

Validity

Valid for the lifetime of the establishment except when any of the following conditions exists, in which case, re-registration as if it were a new establishment is required:

a. Change in Business Name; b. Change in location; c. Change in ownership; or d. Re-opening after previous closing

Application Form: http://ncr.dole.gov.ph/fndr/mis/files/rule%201020%20New%20Establishment%20Registration%20(1).pdf

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PHILIPPINE LABOR CODE COMPLIANCE 203

Registration of Job Contractors and Sub-Contractors The Certificate of Registration of Job Contractors and Sub-contractors is issued to persons, entities, companies engaged in legitimate contracting and subcontracting arrangements in accordance with Articles 106 to 109 of the Labor Code, as amended and its implementing guidelines under DOLE Department Order No. 174, Series of 2017.

Documentary Requirements

1. Verified application for registration as a contractor containing the following information: a. name and business address of the applicant and the areas where it seeks to operate; b. the name and addresses of officers, if the applicant is a corporation, partnership, cooperative or a labor organization; c. the nature of the applicant’s business and the industry or industries where the applicant seeks to operate; d. the number of regular workers and the total workforce; the list of the clients, if any, the number of personnel assigned to each client, if any, and the services provided to the client; e. the description of the phases of the contract, including the number of the employees covered in each phrase, where appropriate; and f. proof of compliance with substantial capital requirement as defined in Section 3(l) of the Rules. 2. Certified true copy of certificate of registration of firm or business name from the Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI), Cooperative Development Authority (CDA) or from the DOLE if the applicant is a labor organization; 3. Certified true copy of the license or business permit issued by the local government unit or units where the contractor or sub-contractor operates; 4. Certified listing, with proof of ownership or lease contract of facilities, tools, equipment, premises implements, machineries and work premises, that are actually and directly used by the contractor in the performance or completion of the specific job or work contracted out together with the photo of the office building and premises where it holds office; 5. Certified true copy of audited financial statements if the applicant is a corporation, partnership, cooperative or labor organization, or a copy of the latest ITR if the applicant is a sole proprietorship; 6. Sworn disclosure that the registrant, its officers and owners or principal stockholders or any one of them, has not been operating or previously operating as a contractor under a different business name or entity or with pending cases of violations of these Rules and/or labor standards, or with a cancelled registration. In case any of the foregoing has a pending case, a copy of the complaint and the latest status of the case shall be attached.

Where to Apply:

Regional/Field Office where the applicant principally operates

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PHILIPPINE LABOR CODE COMPLIANCE 204

Procedure

1. Get application form (DOLE Job Contracting/Sub-Contracting Application Form) and the list of requirements from the Action Officer or download the form from DOLE- BLE’s website (www.ble.dole.gov.ph) and fill-up the form; 2. Submit to Action Officer the filled up application form with the documentary requirements; 3. Get the Order of Payment; 4. Bring the Order of Payment to the designated Cashier, pay the PhP100,000.00 registration fee and receive Official Receipt (OR); 5. Enroll in DOLE programs on improving compliance with labor standards; 6. Present the OR to the Action Officer on the date and claim AEP/Letter of Denial/Disapproval. If the claimant of the requested service is other than the one who filed the application, submit the letter of authorization together with photocopy of their IDs (Filer/Applicant and Authorized Representative – to present original for verification purposes).

Processing Period: Within two (2) days upon receipt of the application with complete supporting documents, the authorized representative of the Regional Director shall conduct a verification inspection of the facilities, tools, equipment, and work premises of the applicant. The Regional Director shall deny or approve the application within three (3) working days after conduct of verification inspection.

Registration Fee: PhP100,000.00

Validity Period of Registration:

Two (2) years and renewable every thirty (30) days before the expiration of the Certificate of Registration

Sources: http://bwsc.dole.gov.ph/media/files/DOLE-Revised-Citizens-Charter.pdf (as of 2018) Application Form: www.ble.dole.gov.ph/downloads/forms/Con-Subcon%20Form.doc

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INCENTIVES AVAILMENT 205

INCENTIVES AVAILMENT

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INCENTIVES AVAILMENT 206

BOARD OF INVESTMENTS The Philippine Board of Investments (BOI) is an attached agency of Department of Trade and Industry (DTI) responsible for promoting investments in the Philippines. As the lead industry promotion agency (IPA) in the Philippines, BOI offers guidance to local and foreign investors in doing business in desirable areas of economic activities in the country.

List of incentives under Book I of Executive Order (EO) No. 226, otherwise known as the

Omnibus Investments Code of 1987.

Fiscal Incentives

1. Income Tax Holiday (ITH) a. Six (6) years for projects with pioneer status and for projects located in a Less Developed Area (LDA); b. Four (4) years for new projects with non-pioneer status; c. Three (3) years for expansion/modernization projects 2. Additional deduction for labor expense; 3. Zero Percent (0%) Duty on importation of capital equipment spare parts and accessories; 4. Tax and duty exemption on importation of breeding stocks and genetic materials; 5. Tax and duty exemption on importation of spare parts and supplies (for export producer only); 6. Exemption from wharfage dues, and any export tax, duty, impost and fees

Non-Fiscal Incentives

1. Unrestricted use of consigned equipment; 2. Employment of Foreign nationals; 3. Simplification of customs procedures; 4. Access to bonded manufacturing warehouse

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INCENTIVES AVAILMENT 207

BOI Registration

Qualifications for BOI Registration

1. The applicant is proposing to engage in a business activity listed in the prevailing Investment Priorities Plan. If not listed, at least 50% of the total production is for export, if the entity is at least 60% owned by citizens of the Philippines; or at least 70% of the total production is for export if the entity is less than 60% owned by citizens of the Philippines; 2. The applicant for BOI registration must be a citizen of the Philippines or a corporation organized under Philippine laws at least 60% of which is owned by citizens of the Philippines. If it is less than 60% owned by citizens of the Philippines, the applicant must engage in a pioneer project or export at least 70% of its products or services; and 3. The business activity must be new or expanding.

Basic Documentary Requirements

New Project Activity (submit in two sets)

1. Accomplished, signed and duly notarized BOI Application Form, available at the Project Evaluation and Registration Divisions of each Industry Services; 2. Google Map, indicating the applicant’s existing project/s (if any) located near the proposed site. Sketches not acceptable; 3. Business Model - Schematic diagram/model of the activity being registered (clearly indicate how the proponent will earn revenues and make profit); 4. Financial Projections (at least 5 years projection), (in Excel format); 5. SEC Registration with Articles of Incorporation and By-Laws, including amendments; 6. Latest SEC General Information Sheet; 7. Board Resolution Authorizing officer to transact, execute and sign in behalf of the applicant enterprise; 8. Other requirements/endorsement that the specific sector of activity may require

Existing / Expansion project activities (submitted in two sets)

1. Accomplished, signed and duly notarized BOI Application Form, available at the Project Evaluation and Registration Divisions of each Industry Services; 2. Google Map, indicating the applicant’s existing project/s (if any) located near the proposed site. Sketches not acceptable; 3. Business Model - Schematic diagram/model of the activity being registered (clearly indicate how the proponent will earn revenues and make profit); 4. Financial Projections (at least 5 years projection), (in Excel format); 5. Audited Financial Statements (for the last 3 years); 6. SEC Registration with Articles of Incorporation and By-Laws, including amendments; 7. Latest SEC General Information Sheet 8. Board Resolution Authorizing officer to transact, execute and sign in behalf of the applicant enterprise; 9. Other requirement/endorsement that the specific sector of activity may require

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INCENTIVES AVAILMENT 208

Procedure

PROCESSING CLIENT STEPS AGENCY ACTIONS TIME For Micro and Small Enterprises Covered by 3-day 1 (Project cost Php15,000,000 and below) processing

Submit Checklist application (for completeness/ consistency Day 1 application for of documents and information/substance); if 30 mins to 1 hr checklisting/ documents are incomplete, application to be returned completeness to the client together with the Checklist Form of documents If documents are complete, official acceptance of application, the applicant firm receives:

Copy of Notice of Publication (for publication to any newspaper of general circulation),

Assessment Bill for payment and issuance of Official Day 2 Receipt (OR)

Forward application to Records Division for the Day 3 assignment of Application No.

Project Evaluation Process: o PERD drafts/finalizes Final Evaluation Report (FER) o PERD presents the FER to IDS Executive Director for action.

Client receives a Notice of Board Action (whether project is approved or denied)

If approved, client pays registration fee, submits pre- registration requirements to PERD

Covered by Project Evaluation and Registration Cycle For Regular Projects (PERC) (Project Cost exceeding Php15,000,000) Week 1 Checklist application (for completeness/ consistency 30 mins to 1 hr of documents and information);

If documents are complete, acceptance of application 5 working days for checklisting of substance information, schedule of site visit (if applicable), PERD sends letter of deficiency, if any within 5 working days

If documents are incomplete, application to be returned to the client together with the Checklist Form

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INCENTIVES AVAILMENT 209

PROCESSING CLIENT STEPS AGENCY ACTIONS TIME 2 Official acceptance of the application: Week 2

The applicant firm receives: 1. Copy of Notice of Publication (for publication to any newspaper of general circulation), 2. Assessment Bill for payment and issuance of Official Receipt (OR)

Present Assessment Bill (AB) to Accounting Division and to the Cashier for payment. Forward application form to Records Division for the assignment of Application No Project Evaluation Process: o PERD drafts/finalizes Final Evaluation Report (FER) o PERD presents the FER to Management Week 3-4 Committee and Board for Action within 20 deliberation/confirmation of action. working days

3 Client receives a Notice of Board Action (whether project is approved or denied)

If approved, client pays registration fee, submits pre- registration requirements to PERD 4 • Client submits the pre-registration Week 1 requirements from client; issues Assessment Bill, Accounting issues Order of Payment, client pays the registration fee, Cashier issues Official Receipt • Prepares Certificate of Registration • Ready issuance of Certificate of Registration

Note: BOI - Board of Investments IDS – Industry Development Services PERD – Project Evaluation and Registration Division FER – Final Evaluation Report

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INCENTIVES AVAILMENT 210

Filing Fee

Project Cost Filing Fee* 3 million and below (Micro Project) PhP 1,500.00 Exceeding PhP 3 million to PhP 15 million (Small Project) PhP 3,000.00 Exceeding PhP 15 million to PhP 20 million PhP 3,000.00 Exceeding PhP 20 million to PhP 50 million PhP 4,500.00 Exceeding PhP 50 million PhP 6,000.00

* Excludes additional fee for Legal Research Fund (LRF) equivalent to 1% of filing fee but not lower than PhP 20.00 as per P.D. 1856.

Registration Fee

Project Cost Registration Fee 1/10 of 1% of project cost, but not New and Expansion Projects less than PhP 3,000.00; and not to exceed PhP 15,000.00 Existing Projects PhP 3,000.00

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INCENTIVES AVAILMENT 211

BOI Endorsements and Other Issuances

Endorsement to set up a Regional or Area Headquarters (RHQ) / Regional Operating Headquarters (ROHQ)

Documentary Requirements

1. Covering letter addressed to OIC-Director LANIE O. DORMIENDO, International Investments Promotion Service, Board of Investments requesting for endorsement to SEC. (Please state in your letter request the projected employment of the company) 2. Application form for Registration and License to establish ROHQ/RHQ in the Philippines (SEC system generated application form) 3. Duly accomplished Application Form for BOI Endorsement to SEC. 4. Certification from the Philippine Consulate/Embassy, or the Philippine Commercial Office, or from the equivalent office of the Philippine Department of Trade and Industry in the foreign firm’s home country that said foreign firm is an entity engaged in international trade with affiliates, subsidiaries or branch offices in the Asia-Pacific Region and other foreign markets. 5. Duly authenticated Certification from the principal officer of the foreign entity to the effect that the said foreign entity has been authorized by its Board of Directors or governing body to establish its ROHQ / RHQ in the Philippines.

Important Reminders: • Qualified multinational companies with 2 or more affiliates or subsidiaries or branches in at least 2 countries. • All documents must be submitted to BOI-International Investments Promotion Service. In addition to the original documents, please submit 2 sets of photocopies.

Procedure

1. Checklist application; if documents are incomplete, application to be returned to the client. If documents are complete, IIPS issues preliminary order of payment to the firm. 2. Applicants submits preliminary order of payment to the Accounting Division; Accounting Staff issues official order of Payment 3. Firm applicant brings the official Order of Payment to the Cashier and pays the filing fee; Cashier issues Official Receipt; 4. Applicant submits the complete documents to Records Division; 5. Records Division provides the complete set of documents to IIPS; 6. IIPS Account Officer evaluates the application and prepares the endorsement letter to SEC and the letter to the applicant company; Division Chief reviews the evaluation report and letters and submits to IIPS Director. 7. IPPS Director reviews and signs the evaluation report, endorsement letter to SEC and the letter to the applicant company for submission to the IPS Exec. Director for approval of the application 8. IPS Exec. Director reviews and signs endorsement letter to SEC 9. IIPS releases to the client the approved endorsement letters.

Fee: PhP4,545.00

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INCENTIVES AVAILMENT 212

Certificate of Good Standing for Bureau of Customs purposes

Documentary Requirement: Letter request from the firm stating the purpose of request

Procedure

STEPS PROCESSING TIME

Registered firm submits letter request for endorsement to Bureau 3 working days of Customs (BOC)

LCS staff checks the compliance of the requesting firm with its

BOI registration terms and conditions

Upon validation of the compliance with the terms and conditions of the requesting firm, LCS prepares endorsement letter for signature by the Division Chief and Director

If complied with its terms and condition • LCS releases endorsement letter to the Records Section which delivers it to the BOC. • Client receives a copy of the Endorsement letter of good standing

If not complied with its terms and conditions • LCS holds release of endorsement subject to compliance with submission of the lacking reports and payment of penalty, if

any, for late submission of reports. • - Informs requesting company of the lacking reports needed to be submitted and penalty, if any, to be paid.

Fees: None

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INCENTIVES AVAILMENT 213

PHILIPPINE ECONOMIC ZONE AUTHORITY (PEZA) Source: https://drive.google.com/file/d/1M0N3h7qJ2y5dqhIxSPLMshUEOeLosmsc/view

PEZA, an attached to the Department of Trade and Industry, is a Philippine government agency tasked to promote investments, extend assistance, register, grant incentives to and facilitate the business operations of investors in export-oriented manufacturing and service facilities inside selected areas throughout the country proclaimed by the President of the Philippines as PEZA Special Economic Zones.

PEZA Registration

Schedule of Availability of Services:

Mondays to Fridays from 8:00 A.M. - 5:00 P.M.

Cut off period for submission of applications:

3 working days prior to scheduled PEZA Board meeting (NOTE: The PEZA Board meets twice a month, usually on the 2nd and 4th week of the month).

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INCENTIVES AVAILMENT 214

Registering as Ecozone Export Enterprise

Who may avail of the Service?

1. Business entities (Corporations, Partnerships or Single Proprietorships) whose activities are covered under the approved annual Investments Priorities Plan (IPP) (refer to www.boi.gov.ph for the latest IPP) and PEZA Guidelines in the Registration and Operation of Ecozone Enterprises (refer to www.peza.gov.ph for the guidelines under Issuances); and will export its production output/services; 2. Those referred to in (1) above who will locate in a PEZA-registered Special Economic Zone; and 3. Those referred to in (1) above who has paid-up capitalization equivalent to 25% of its project cost (may be complied within a period of 1 year).

Documentary Requirements

1. Completely filled-out PEZA Application Form for Ecozone Export Enterprise; 2. Notarized Undertaking and Anti-Graft Certificate (format attached in the application form); 3. Notarized copy of Board Resolution authorizing the filing of the application with PEZA and designation of a representative(s) authorized to transact registration with PEZA; 4. Certificate of Registration from Securities and Exchange Commission, Articles of Incorporation and By-Laws indicating among its purpose the applicant’s export/manufacturing activities (if not yet available, submit draft of Articles of Incorporation); 5. Resume or biodata of principal officers; 6. Reservation form or similar document on building/area to be leased (if applicable). If lessor is a PEZA-registered enterprise, aside from an Ecozone Facilities Enterprise, a letter-request from the lessor is required; 7. Favorable endorsement from the developer/operator of the Special Economic Zone and PEZA Zone Administrator/Manager; and 8. Company profile of parent company (if applicable).

Additional Requirements for a Company which will Transfer Existing Operations to PEZA

1. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s operations to PEZA); 2. Certification from three (3) labor agencies (Department of Labor and Employment, National Labor Relations Council, and National Conciliation and Mediation Board) stating that 3. enterprise has no pending labor case(s); 4. SSS Clearance; 5. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s BOI Registration to PEZA); 6. Copy of Audited Financial Statements and Annual Income Tax Returns for the past three (3) years (as applicable); 7. Summary of export and local sales performance (volume and value) and employment for the past three (3) years (as applicable); and 8. If registered with the Board of Investments (BOI): Copy of company’s Certificate of Registration and Terms and Conditions under BOI.

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INCENTIVES AVAILMENT 215

Procedure

Step Client Service Provider 1 Submit Application documents for Review application documents and issue pre-screening order of payment 2 Pay Application Fee Process payment and issue Official Receipt 3 Submit completely filled-out (a) Receive, log and endorse application to Application form and other Enterprise Regulations Department (ERD) documents/information as may be (b) Evaluate application and prepare required by PEZA report for the PEZA Board (c) Review/Initial submitted draft/finalized report and endorse to the DG (d) Approve application 4 Receive copy of Board Resolution Prepare and issue Board Resolution 5 Submit Pre-registration Evaluate submitted pre-registration requirements as stated in the Board requirements and prepare Registration Resolution Agreement 6 Pay Registration Fee Issue order of payment Process payment and issue Official Receipt 7 Sign Registration Agreement with Sign Registration Agreement with PEZA Applicant and issue Certificate of Registration

Fees

Application Fee – PhP 3,600.00 Registration Fee - PhP 6,000.00

Processing Period:

21 working days (subject to the submission of all required documents and data, and other additional information as may be required by PEZA).

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INCENTIVES AVAILMENT 216

Registering as Ecozone IT Enterprise

Who may avail of the Service?

1. Business entities (Corporations, Partnerships or Single Proprietorships) whose activities are covered under the approved annual Investments Priorities Plan (IPP) (refer to www.boi.gov.ph for the latest IPP) and PEZA Guidelines in the Registration and Operation of Ecozone Enterprises (refer to www.peza.gov.ph for the guidelines under Issuances); and will export its I.T. output/services; and 2. Those referred to in (1) above who will locate in a PEZA-registered Special Economic Zone or I.T. Park/Building.

Documentary Requirements

1. Completely filled-out PEZA Application Form for Ecozone I.T. Enterprise; 2. Notarized Undertaking and Anti-Graft Certificate (format attached in the application form); 3. Notarized copy of Board Resolution authorizing the filing of the application with PEZA and designation of a representative(s) authorized to transact registration with PEZA; 4. Certificate of Registration from Securities and Exchange Commission, Articles of Incorporation and By-Laws indicating among its purpose the applicant’s I.T. activities (if not yet available, submit draft of Articles of Incorporation); 5. Resume or biodata of principal officers; 6. Reservation form or similar document on building/area to be leased (if applicable). If lessor is a PEZA-registered enterprise, a letter-request from the lessor is required; 7. Favorable endorsement from the developer/operator of the PEZA-Registered Special Economic Zone or I.T. Park/Building and PEZA Administrator/Zone Manager/Zone Manager for I.T. Parks and Buildings in Metro Manila; and 8. Company profile of parent company (if applicable).

Note: For Ecozone I.T. Enterprises engaging in contact/call center operations, a minimum investment cost of the equivalent of US$2,500 per seat is required covering the cost of equipment (hardware and software), office furniture and fixture, building improvements and renovation, and other fixed assets except land, building and working capital to qualify for Income Tax Holiday (ITH) incentive.

Additional Requirements for a Company which will Transfer Existing Operations to PEZA

1. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s operations to PEZA); 2. Certification from three (3) labor agencies (Department of Labor and Employment, National Labor Relations Council, and National Conciliation and Mediation Board) stating that enterprise has no pending labor case(s); 3. SSS Clearance; 4. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s BOI Registration to PEZA); 5. Copy of Audited Financial Statements and Annual Income Tax Returns for the past three (3) years (as applicable); 6. Summary of export and local sales performance (volume and value) and employment for the past three (3) years (as applicable); and 7. If registered with the Board of Investments (BOI): Copy of company’s Certificate of Registration and Terms and Conditions under BOI.

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INCENTIVES AVAILMENT 217

Procedure

Step Client Service Provider 1 Submit Application documents for Review application documents and issue pre-screening order of payment 2 Pay Application Fee Process payment and issue Official Receipt 3 Submit completely filled-out (a) Receive, log and endorse application to Application form and other Enterprise Regulations Department (ERD) documents/information as may be (b) Evaluate application and prepare required by PEZA report for the PEZA Board (c) Review/Initial submitted draft/finalized report and endorse to the DG (d) Approve application 4 Receive copy of Board Resolution Prepare and issue Board Resolution 5 Submit Pre-registration Evaluate submitted pre-registration requirements as stated in the Board requirements and prepare Registration Resolution Agreement 6 Pay Registration Fee Issue order of payment Process payment and issue Official Receipt 7 Sign Registration Agreement with Sign Registration Agreement with PEZA Applicant and issue Certificate of Registration

Fees

Application Fee – PhP 3,600.00 Registration Fee - PhP 6,000.00

Processing Period:

21 working days (subject to the submission of all required documents and data, and other additional information as may be required by PEZA).

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INCENTIVES AVAILMENT 218

Registering as Ecozone Logistics Enterprise

Who may avail of the Service?

1. Business enterprises (Corporations, Partnerships or Single Proprietorships) which will engage in the establishment of a warehouse facility for storage, deposit, safekeeping of goods for subsequent transfer directly to the ecozone plant of the PEZA-registered export enterprise owner/consignee; 2. Enterprises which will engage in the importation or procurement from local sources and/or from other PEZA-registered enterprises of goods for resale, or for packing/covering (including marking, labeling), cutting or altering to consumers’ specification, mounting and/or packing into kits or marketable lots for subsequent sale, transfer or disposition to export-producer enterprises registered with PEZA, SBMA, CDC BOI operating customs bonded manufacturing warehouses (CBMWs), other investment promotion agencies, and to overseas clients for direct export, or for consignment to PEZA-registered enterprises. 3. Those referred to in (1) and (2) above who are willing to locate in a PEZA-registered Special Economic Zone; and 4. Those referred to in (1) and (2) above who has paid-up capitalization equivalent to US$ 200,000.00 prior to registration.

Documentary Requirements

1. Completely filled-out PEZA Application Form for Ecozone Logistics Service Enterprise; 2. Notarized Undertaking and Anti-Graft Certificate (format attached in the application form); 3. Notarized copy of Board Resolution authorizing the filing of the application with PEZA and designation of a representative(s) authorized to transact registration with PEZA; 4. Certificate of Registration from Securities and Exchange Commission, Articles of Incorporation and By-Laws indicating among its purpose the applicant’s export/manufacturing activities (if not yet available, submit draft of Articles of Incorporation); 5. Resume or biodata of principal officers; 6. Reservation form or similar document on building/area to be leased (if applicable). If lessor is a PEZA-registered enterprise, aside from an Ecozone Facilities Enterprise, a letter-request from the lessor is required; 7. Favorable endorsement from the developer/operator of the Special Economic Zone and PEZA Administrator/Zone Manager; and 8. Company profile of parent company (if applicable).

Additional Requirements for a Company which will Transfer Existing Operations to PEZA

1. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s operations to PEZA); 2. Certification from three (3) labor agencies (Department of Labor and Employment, National Labor Relations Council, and National Conciliation and Mediation Board) stating that enterprise has no pending labor case(s); 3. SSS Clearance; 4. Copy of Audited Financial Statements and Annual Income Tax Returns for the past three (3) years (as applicable); and

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INCENTIVES AVAILMENT 219

5. Summary of export and local sales performance (volume and value) and employment for the past three (3) years (as applicable).

Procedure

Step Client Service Provider 1 Submit Application documents for Review application documents and issue pre-screening order of payment 2 Pay Application Fee Process payment and issue Official Receipt 3 Submit completely filled-out (a) Receive, log and endorse application to Application form and other Enterprise Regulations Department (ERD) documents/information as may be (b) Evaluate application and prepare required by PEZA report for the PEZA Board (c) Review/Initial submitted draft/finalized report and endorse to the DG (d) Approve application 4 Receive copy of Board Resolution Prepare and issue Board Resolution 5 Submit Pre-registration Evaluate submitted pre-registration requirements as stated in the Board requirements and prepare Registration Resolution Agreement 6 Pay Registration Fee Issue order of payment Process payment and issue Official Receipt 7 Sign Registration Agreement with Sign Registration Agreement with PEZA Applicant and issue Certificate of Registration

Fees

Application Fee – PhP 3,600.00 Registration Fee - PhP 6,000.00

Processing Period:

21 working days (subject to the submission of all required documents and data, and other additional information as may be required by PEZA).

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INCENTIVES AVAILMENT 220

Registering as Ecozone Medical Tourism Enterprise

Who may avail of the Service?

1. Business entities (Corporations, Partnerships or Single Proprietorships) whose activities are covered under the approved annual Investments Priorities Plan (IPP) (refer to www.boi.gov.ph for the latest IPP) and PEZA Guidelines in the Registration and Operation of Ecozone Enterprises (refer to www.peza.gov.ph for the guidelines under Issuances); and will export its production output/services; 2. Those referred to in (1) above who will locate in a PEZA-registered Special Economic Zone; and 3. Those referred to in (1) above who has paid-up capitalization equivalent to 25% of its project cost (may be complied within a period of 1 year

Documentary Requirements

1. Completely filled-out PEZA Application Form for Ecozone Medical Tourism Enterprise; 2. Notarized Undertaking and Anti-Graft Certificate (format attached in the application form); 3. Notarized copy of Board Resolution authorizing the filing of the application with PEZA and designation of a representative(s) authorized to transact registration with PEZA; 4. Certificate of Registration from Securities and Exchange Commission, Articles of Incorporation and By-Laws indicating among its purpose the applicant’s medical tourism activities (if not yet available, submit draft of Articles of Incorporation); 5. Endorsement from the Department of Health; 6. Copy of Site Development Plan; 7. Resume or biodata of principal officers; 8. Reservation form or similar document on building/area to be leased (if applicable). If lessor is a PEZA-registered enterprise, aside from an Ecozone Facilities Enterprise, a letter-request from the lessor is required; 9. Favorable endorsement from the developer/operator of the Special Economic Zone or proof of land ownership (as applicable); 10. Company profile of parent company (if applicable).

Additional Requirements for a Company which will Transfer Existing Operations to PEZA

1. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s operations to PEZA); 2. Certification from three (3) labor agencies (Department of Labor and Employment, National Labor Relations Council, and National Conciliation and Mediation Board) stating that enterprise has no pending labor case(s); 3. SSS Clearance; 4. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s BOI Registration to PEZA); 5. Copy of Audited Financial Statements and Annual Income Tax Returns for the past three (3) years (as applicable); 6. Summary of export and local sales performance (volume and value) and employment for the past three (3) years (as applicable); and 7. If registered with the Board of Investments (BOI): Copy of company’s Certificate of Registration and Terms and Conditions under BOI.

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INCENTIVES AVAILMENT 221

Procedure

Step Client Service Provider 1 Submit Application documents for Review application documents and issue pre-screening order of payment 2 Pay Application Fee Process payment and issue Official Receipt 3 Submit completely filled-out (a) Receive, log and endorse application to Application form and other Enterprise Regulations Department (ERD) documents/information as may be (b) Evaluate application and prepare required by PEZA report for the PEZA Board (c) Review/Initial submitted draft/finalized report and endorse to the DG (d) Approve application 4 Receive copy of Board Resolution Prepare and issue Board Resolution 5 Submit Pre-registration Evaluate submitted pre-registration requirements as stated in the Board requirements and prepare Registration Resolution Agreement 6 Pay Registration Fee Issue order of payment Process payment and issue Official Receipt 7 Sign Registration Agreement with Sign Registration Agreement with PEZA Applicant and issue Certificate of Registration

Fees

Application Fee – PhP 3,600.00 Registration Fee - PhP 6,000.00

Processing Period:

21 working days (subject to the submission of all required documents and data, and other additional information as may be required by PEZA).

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INCENTIVES AVAILMENT 222

Registering as Ecozone Tourism Enterprise

Who may avail of the Service?

1. Business entities (Corporations, Partnerships or Single Proprietorships) whose activities are covered under the approved annual Investments Priorities Plan (IPP) (refer to www.boi.gov.ph for the latest IPP) and PEZA Guidelines in the Registration and Operation of Ecozone Enterprises (refer to www.peza.gov.ph for the guidelines under Issuances); and will export its production output/services; 2. Those referred to in (1) above who will locate in a PEZA-registered Special Economic Zone; and 3. Those referred to in (1) above who has paid-up capitalization equivalent to 25% of its project cost (may be complied within a period of 1 year

Documentary Requirements

1. Completely filled-out PEZA Application Form for Ecozone Tourism Enterprise; 2. Notarized Undertaking and Anti-Graft Certificate (format attached in the application form); 3. Notarized copy of Board Resolution authorizing the filing of the application with PEZA and designation of a representative(s) authorized to transact registration with PEZA; 4. Certificate of Registration from Securities and Exchange Commission, Articles of Incorporation and By-Laws indicating among its purpose the applicant’s tourism activities (if not yet available, submit draft of Articles of Incorporation); 5. Endorsement from the Department of Tourism; 6. Copy of Site Development Plan; 7. Resume or biodata of principal officers; 8. Reservation form or similar document on building/area to be leased (if applicable). If lessor is a PEZA-registered enterprise, aside from an Ecozone Facilities Enterprise, a letter-request from the lessor is required; 9. Favorable endorsement from the developer/operator of the Special Economic Zone or proof of land ownership (as applicable); 10. Company profile of parent company (if applicable).

Additional Requirements for a Company which will Transfer Existing Operations to PEZA

1. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s operations to PEZA); 2. Certification from three (3) labor agencies (Department of Labor and Employment, National Labor Relations Council, and National Conciliation and Mediation Board) stating that enterprise has no pending labor case(s); 3. SSS Clearance; 4. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s BOI Registration to PEZA); 5. Copy of Audited Financial Statements and Annual Income Tax Returns for the past three (3) years (as applicable); 6. Summary of export and local sales performance (volume and value) and employment for the past three (3) years (as applicable); and 7. If registered with the Board of Investments (BOI): Copy of company’s Certificate of Registration and Terms and Conditions under BOI

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INCENTIVES AVAILMENT 223

Procedure

Step Client Service Provider 1 Submit Application documents for Review application documents and issue pre-screening order of payment 2 Pay Application Fee Process payment and issue Official Receipt 3 Submit completely filled-out (a) Receive, log and endorse application to Application form and other Enterprise Regulations Department (ERD) documents/information as may be (b) Evaluate application and prepare required by PEZA report for the PEZA Board (c) Review/Initial submitted draft/finalized report and endorse to the DG (d) Approve application 4 Receive copy of Board Resolution Prepare and issue Board Resolution 5 Submit Pre-registration Evaluate submitted pre-registration requirements as stated in the Board requirements and prepare Registration Resolution Agreement 6 Pay Registration Fee Issue order of payment Process payment and issue Official Receipt 7 Sign Registration Agreement with Sign Registration Agreement with PEZA Applicant and issue Certificate of Registration

Fees

Application Fee – PhP 3,600.00 Registration Fee - PhP 6,000.00

Processing Period:

21 working days (subject to the submission of all required documents and data, and other additional information as may be required by PEZA).

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INCENTIVES AVAILMENT 224

Registering as Ecozone Agro-Industrial Enterprise

Who may avail of the Service?

1. Business entities (Corporations, Partnerships or Single Proprietorships) whose activities are covered under the approved annual Investments Priorities Plan (IPP) (refer to www.boi.gov.ph for the latest IPP) and PEZA Guidelines in the Registration and Operation of Ecozone Enterprises (refer to www.peza.gov.ph for the guidelines under Issuances); and will export its production output/services; 2. Those referred to in (1) above who will locate in a PEZA-registered Special Economic Zone; and 3. Those referred to in (1) above who has paid-up capitalization equivalent to 25% of its project cost (may be complied within a period of 1 year

Documentary Requirements

1. Completely filled-out PEZA Application Form for Ecozone Agri-Industrial Enterprise; 2. Notarized Undertaking and Anti-Graft Certificate (format attached in the application form); 3. Notarized copy of Board Resolution authorizing the filing of the application with PEZA and designation of a representative(s) authorized to transact registration with PEZA; 4. Certificate of Registration from Securities and Exchange Commission, Articles of Incorporation and By-Laws indicating among its purpose the applicant’s agro- industrial activities (if not yet available, submit draft of Articles of Incorporation); 5. Endorsement from the Department of Agriculture; 6. Copy of Site Development Plan; 7. Resume or biodata of principal officers; 8. Favorable endorsement from the developer/operator of the Special Economic Zone or proof of land ownership (as applicable); 9. Company profile of parent company (if applicable).

Additional Requirements for a Company which will Transfer Existing Operations to PEZA

1. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s operations to PEZA); 2. Certification from three (3) labor agencies (Department of Labor and Employment, National Labor Relations Council, and National Conciliation and Mediation Board) stating that enterprise has no pending labor case(s); 3. SSS Clearance; 4. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s BOI Registration to PEZA); 5. Copy of Audited Financial Statements and Annual Income Tax Returns for the past three (3) years (as applicable); 6. Summary of export and local sales performance (volume and value) and employment for the past three (3) years (as applicable); and 7. If registered with the Board of Investments (BOI): Copy of company’s Certificate of Registration and Terms and Conditions under BOI

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INCENTIVES AVAILMENT 225

Procedure

Step Client Service Provider 1 Submit Application documents for Review application documents and issue pre-screening order of payment 2 Pay Application Fee Process payment and issue Official Receipt 3 Submit completely filled-out (a) Receive, log and endorse application to Application form and other Enterprise Regulations Department (ERD) documents/information as may be (b) Evaluate application and prepare required by PEZA report for the PEZA Board (c) Review/Initial submitted draft/finalized report and endorse to the DG (d) Approve application 4 Receive copy of Board Resolution Prepare and issue Board Resolution 5 Submit Pre-registration Evaluate submitted pre-registration requirements as stated in the Board requirements and prepare Registration Resolution Agreement 6 Pay Registration Fee Issue order of payment Process payment and issue Official Receipt 7 Sign Registration Agreement with Sign Registration Agreement with PEZA Applicant and issue Certificate of Registration

Fees

Application Fee – PhP 3,600.00 Registration Fee - PhP 6,000.00

Processing Period:

21 working days (subject to the submission of all required documents and data, and other additional information as may be required by PEZA).

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INCENTIVES AVAILMENT 226

Registering as Ecozone Domestic Market Enterprise

Who may avail of the Service?

1. Business entities (Corporations, Partnerships or Single Proprietorships) whose activities are covered under the approved annual Investments Priorities Plan (IPP) (refer to www.boi.gov.ph for the latest IPP) and PEZA Guidelines in the Registration and Operation of Ecozone Enterprises (refer to www.peza.gov.ph for the guidelines under Issuances); and will export its production output/services; 2. Those referred to in (1) above who will locate in a PEZA-registered Special Economic Zone; and 3. Those referred to in (1) above who has paid-up capitalization equivalent to 25% of its project cost (may be complied within a period of 1 year

Documentary Requirements

1. Completely filled-out PEZA Application Form for Ecozone Domestic Market Enterprise; 2. Notarized Undertaking and Anti-Graft Certificate (format attached in the application form); 3. Notarized copy of Board Resolution authorizing the filing of the application with PEZA and designation of a representative(s) authorized to transact registration with PEZA; 4. Certificate of Registration from Securities and Exchange Commission, Articles of Incorporation and By-Laws indicating among its purpose the applicant’s manufacturing activities (if not yet available, submit draft of Articles of Incorporation); 5. Resume or biodata of principal officers; 6. Reservation form or similar document on building/area to be leased (if applicable). If lessor is a PEZA-registered enterprise, aside from an Ecozone Facilities Enterprise, a letter-request from the lessor is required; 4. Favorable endorsement from the developer/operator of the Special Economic Zone and PEZA Administrator/Zone Manager; and 5. Company profile of parent company (if applicable)

Additional Requirements for a Company which will Transfer Existing Operations to PEZA

1. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s operations to PEZA); 2. Certification from three (3) labor agencies (Department of Labor and Employment, National Labor Relations Council, and National Conciliation and Mediation Board) stating that enterprise has no pending labor case(s); 3. SSS Clearance; 4. BIR Tax Clearance (if not yet available, submit copy of notice to BIR of transfer of Company’s BOI Registration to PEZA); 5. Copy of Audited Financial Statements and Annual Income Tax Returns for the past three (3) years (as applicable); 6. Summary of export and local sales performance (volume and value) and employment for the past three (3) years (as applicable); and 7. If registered with the Board of Investments (BOI): Copy of company’s Certificate of Registration and Terms and Conditions under BOI

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INCENTIVES AVAILMENT 227

Procedure

Step Client Service Provider 1 Submit Application documents for Review application documents and issue pre-screening order of payment 2 Pay Application Fee Process payment and issue Official Receipt 3 Submit completely filled-out (a) Receive, log and endorse application to Application form and other Enterprise Regulations Department (ERD) documents/information as may be (b) Evaluate application and prepare required by PEZA report for the PEZA Board (c) Review/Initial submitted draft/finalized report and endorse to the DG (d) Approve application 4 Receive copy of Board Resolution Prepare and issue Board Resolution 5 Submit Pre-registration Evaluate submitted pre-registration requirements as stated in the Board requirements and prepare Registration Resolution Agreement 6 Pay Registration Fee Issue order of payment Process payment and issue Official Receipt 7 Sign Registration Agreement with Sign Registration Agreement with PEZA Applicant and issue Certificate of Registration

Fees

Application Fee – PhP 3,600.00 Registration Fee - PhP 6,000.00

Processing Period:

21 working days (subject to the submission of all required documents and data, and other additional information as may be required by PEZA).

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INCENTIVES AVAILMENT 228

Registering a Special Economic Zone

Who may avail of the Service?

Any business entity or concern duly registered with the Securities and Exchange Commission to engage in real estate development.

Requirements

Incentives Granted to Minimum Area Requirement Facilities Requirement Developers Manufacturing • a specialized industrial estate Special 5% Tax on Gross Must conform with located physically and/or Income and exemption from development guidelines for administratively outside the all national and local industrial subdivision customs territory and taxes, except real property planning of the HLURB predominantly oriented to tax on land owned by the and Land Use and Zoning export production Economic Zone Developer Regulations • minimum area requirement is [to the extent it shall • Centralized 250,000 sq.m. develop] Wastewater Treatment • Facility • Fire Fighting Facility • PEZA and BOC Offices • Corral or Container Yard • Recreational facilities and open spaces Agro-Industrial • a specialized industrial estate Special 5% Tax on Gross Must conform with involved in the primary Income and exemption from development guidelines for production up to processing of all national and local taxes, industrial subdivision final products utilizing except real property tax on planning of the HLURB agricultural aqua- land owned by the and Land Use and Zoning marine/aqua culture produce. Economic Zone Developer Regulations • minimum area requirement is [to the extent it shall • Centralized 50,000 sq.m. develop] Wastewater Treatment • Facility Note : with an area less than • Fire Fighting Facility is 250,000 sq.m - No • PEZA and BOC Offices Incentive [except for single • Corral or Container locator economic zones] Yard • Recreational facilities and open spaces Information Technology Park [IT Park] • an area developed into a Within Metro Manila and Basic structures and complex capable of providing Cebu City: facilities in the IT Park infrastructures and other No incentive • Fiber optic telecom support facilities required by connection IT Enterprises as well as Outside Metro Manila and • Clean, uninterruptible amenities required by Cebu City: power supply professionals and workers Special 5% Tax on Gross • Computer security and involved in IT Enterprise, or Income and exemption from building monitoring easy access to such amenities all national and local taxes, system • minimum area requirement is except real property tax on 10,000 sq.m. land owned by the Economic Zone Developer [for new projects]

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INCENTIVES AVAILMENT 229

Information Technology Center [IT Center] • a stand-alone building readily Within Metro Manila and Basic structures and available to host IT Cebu City: No incentive facilities in the IT Center Enterprises as well as • Fiber optic telecom amenities required by Outside Metro Manila and connection professionals and workers Cebu City: Special 5% Tax on • Clean, uninterruptible involved in IT Enterprises, or Gross Income and power supply easy access to such amenities exemption from all national • Computer security and • within Metro Manila and Cebu and local taxes, except real building monitoring City, the minimum area property tax on land owned system requirement is 10,000 sq.m. by the Economic Zone floor area Developer [for new • outside Metro Manila and projects] Cebu City, the minimum area requirement is 5,000 sq.m. floor area. [Except for IT Centers locate or to be located in Less Developed Areas under the current Investment Priorities Plan, the 2,000-square meter minimum floor area shall apply] Tourism Economic Zone • a specialized tourism Special 5% Tax on Gross Integrated resort complex development zone/tourism Income and exemption from offering accommodation, estate where tourist all national and local taxes, sports and recreation accommodation facilities except real property tax on centers, convention and and/or recreation facilities are land owned by the cultural facilities, theme provided to render tourism Economic Zone Developer parks, and other special services for both local and [to the extent it shall interest with foreign foreign tourist, travelers and develop] tourists as primary investors clientele • minimum area requirement is Note: with an area less than 50,000 sq.m. 250,000 sq.m and located Must conform with outside Boracay Island, development guidelines of Cebu City, Mactan Island the Department of Tourism and Metro Manila - NO [DOT] INCENTIVE

NO MORE NEW Tourism Economic Zones within Boracay Island, Cebu City, Mactan Island and Metro Manila Medical Tourism Center • a standalone building capable Within Metro Manila and Must conform with of providing medical Cebu City: No incentive development guidelines for infrastructures and other medical health facilities of support facilities such as but Outside Metro Manila and the Department of Health not limited to medical Cebu City: Special 5% Tax on [DOH] and Land Use and accommodations, wellness Gross Income and Zoning Regulations centers, spa, health farms, exemption from all national sports and recreational and local taxes, except real facilities, and rehabilitation property tax on land owned facilities by the Economic Zone • within Metro Manila and Cebu Developer [for new City, the minimum area projects]

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INCENTIVES AVAILMENT 230

requirement is 5,000 sq.m. floor area • outside Metro Manila and Cebu City, the minimum area requirement is 2,000 sq.m. floor area. Medical Tourism Park • an area developed into a Within Metro Manila and Must conform with the complex capable of providing Cebu City: No incentive development guidelines for medical infrastructures and medical health facilities of other support facilities such Outside Metro Manila and the Department of Health as but not limited to medical Cebu City: Special 5% Tax on [DOH], Department of accommodations, wellness Gross Income and Tourism [DOT] and Land centers, spa, health farms, exemption from all national Use and Zoning sports and recreational and local taxes, except real Regulations facilities, and rehabilitation property tax on land owned facilities by the Economic Zone • minimum area requirement is Developer [for new 10,000 sq.m. projects] Retirement Ecozone Park • an area which has been Special 5% Tax on Gross Must conform to the developed into a complex Income and exemption from development guidelines capable of providing all national and local taxes, and operating standards of retirement infrastructure and except real property tax on the Philippine Retirement other support facilities such land owned by the Authority [PRA]. It may be as but not limited to Economic Zone Developer an existing, new or accommodation facilities, [to the extent it shall proposed complex and health and wellness facilities, develop] must be equipped with sports and recreational amenities required by facilities foreign retirees • minimum area requirement is 40,000 sq.m. Retirement Ecozone Center • a stand alone building which Special 5% Tax on Gross Must conform to the hosts foreign retirees and has Income and exemption from development guidelines been developed to provide all national and local taxes, and operating standards of support facilities and except real property tax on the Philippine Retirement amenities land owned by the Authority [PRA]. It may be • within Metro Manila and Cebu Economic Zone Developer an City, the minimum area [for new projects] existing, new or proposed requirement is 5,000 sq.m. complex and must be floor area equipped with amenities • outside Metro Manila and Cebu required by foreign City, the minimum area retirees requirement is 2,000 sq.m. floor area.

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INCENTIVES AVAILMENT 231

Documentary Requirements

A. Documents Required for PEZA Board Pre-Qualification Clearance 1. Duly Accomplished and Notarized Application Form, Anti-Graft Certificate (R.A. 3019) and Applicant's Undertakings 2. SEC Registration Certificate and Articles of Incorporation and By-Laws (including latest GIS) 3. Audited Financial Statements for the last three (3) years of operation, if applicable 4. Resolution designating authorized representative to PEZA and to sign the application for the registration of the proposed economic zone 5. Project Description, which should provide, among others, information on the financial capability of the proponent, present and proposed land uses, master development plan and schedule for the proposed economic zone 6. Essential document: a. Tourism Economic Zone: Endorsement of the Department of Tourism (and in the case of Ecotourism Projects, together with the endorsement of the National Ecotourism Steering Committee and endorsement from the Palawan Council for Sustainable Development for Tourism projects to be located in the Province of Palawan) b. Medical Tourism Center: Endorsement from the Department of Health (DOH) c. Medical Tourism Park: Endorsement from the DOH and the Department of Tourism (DOT) d. Retirement Ecozone Park/Center: Endorsement from the Philippine Retirement Authority e. Agro-Industrial Economic Zone: Favorable Endorsement from the Department of Agriculture for Bio-fuel Projects 7. Site development plan and vicinity map reflecting various land uses and important verifiable landmarks within one (1) kilometer radius of the project site 8. Proof of payment of application fee

B. Documents Required for PEZA’s Endorsement of a Proposed Economic Zone for Presidential Proclamation 1. Proof of land Ownership or any perfected contract/document confirming the applicant’s authority/clearance to use the land for economic zone development and related purposes.

Acceptable Documents Qualification 1) Contract of Lease • Must be a perfected document 2) Memorandum of • Time-bounded [minimum of 25 Agreement/Understanding years, subject to renewal] 3) Addendum to MOA/MOU • Shall stipulate among others, the 4) Deed of Assignment/Conveyance specific provision authorizing the 5) Joint Venture Agreement developer/operator to apply the property for declaration and development as special economic zone under RA 7916, as amended. 6) Deed of Absolute Sale • Must be supplemented by the current Tax Declaration

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INCENTIVES AVAILMENT 232

2. Endorsement of the Sangguniang Bayan/Panlungsod for the development of the proposed economic zone (i.e., all government units of all municipalities and cities with areas included in the proposed economic zone) 3. DAR Conversion Clearance/Exemption Certificate or Housing and Land Use Regulatory Board (HLURB) Zoning Certification or City/Municipal Zoning Certification, whichever is applicable 4. Verified Survey Returns and Separate Narrative Technical Description of the proposed economic zone area 5. Environmental Compliance Certificate or Certificate of Non-Coverage issued by the Department of Environment and Natural Resources, whichever is applicable 6. Certification from the National Water Resources Board or the Local Water provider that the identified source(s) of water for the economic zone shall not cause water supply and related problems in adjacent communities 7. For IT Center i. Copy of the Building Permit, Occupancy Permit, and latest Fire Safety Inspection Certificate issued by the LGU for existing project/s ii. Secretary’s Certificate of Compliance to minimum requirements for existing project/s iii. Certification on the building/s occupancy density in square meter per person signed by the Building Administrator/Building Designer as required by the PEZA-Support Services Group

C. Documents to be submitted to PEZA prior to signing of a Registration Agreement of an Economic Zone covered by a Presidential Proclamation 1. Proof of Payment of Registration Fee 2. Other Documents as may be prescribed by the PEZA Board

Duration:

All complete applications for economic zone development including requests for amendments submitted up to the cut-off period are presented to the Board for Pre- Proclamation/ Qualification Clearance in its next immediate meeting.

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INCENTIVES AVAILMENT 233

Procedure

Step Client Service Provider 1 Proceed to the 5/F Give client an Application Form with corresponding Ecozone Development checklist of requirements Department Provide briefing on the registration process

Provide assistance/guidance in identifying documents necessary for its type of application 2 Submit notarized Pre-evaluate the filled-out application and its application form and attachments all the documentary If found compliant, issue the Order requirements of Payment. If non-complying, inform the applicant immediately. 3 Pay to the Cashier Process payment and issue Official Receipt 4 Proceed to the Office Filled-out application form and all the documentary of the Director General requirements [including the Official Receipt] will be officially received by the Office of the Director General and will be forwarded to EDD Prepare evaluation report for PEZA Board Approval Approve the Application Inform client of the approval of the application Prepare the PEZA Board Resolution Inform the client that the Board Resolution is ready for pick-up Issue the PEZA Board Resolution of Approval 5 Submit documentary Validate the submitted documents requirements for Request the Certification of Concurrences from presidential concerned LGUs and Government Agencies involved in proclamation of the Ecozone development [if necessary] proposed economic Endorse the Proclamation documents to the Secretary, zone Department of Trade and Industry, for his Endorsement to the Office of the President of the Philippines Issue the Proclamation by the President of the Philippines Prepare the Registration Agreement between Proponent and PEZA Prepare the Certificate of Registration Issue the Order of Payment for Registration Fee 6 Pay to the Cashier Process payment and issue Official Receipt 7 Sign the Registration Sign the Registration Agreement and Issue the PEZA Agreement Certificate of Registration to Proponent

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INCENTIVES AVAILMENT 234

Registering as Economic Zone Facilities and IT Facilities Enterprise

Who may avail of the Service?

Any business entity or concern duly registered with the Securities and Exchange Commission to engage in the construction of buildings (e.g. warehouses/ready built factory buildings inside manufacturing economic zones or IT building facilities inside IT parks) for lease to PEZA-registered enterprises.

Minimum Area Requirement

1. Economic Zone Facilities Enterprise (Warehouse/Factory Building): None 2. Economic Zone Information Technology (IT) Facilities Enterprise (IT Building Facilities) a. Within Metro Manila and Cebu City: 5,000 Square Meters Floor Area b. Outside Metro Manila and Cebu City: 2,000 Square Meters Floor Area

Documentary Requirements

1. Duly accomplished and notarized PEZA Application Form and anti-graft certificate (R.A. 3019); 2. Board Resolution authorizing the filing of the application with PEZA and designation of representative(s) authorized to transact registration with PEZA; 3. Securities and Exchange Commission (SEC) Registration including Articles of Incorporation and By-Laws; 4. Proof of land ownership or any document confirming the applicant’s authority to use the land subject of the proposed project; 5. Audited financial statements for the last three (3) years, if applicable; 6. Project Description (Development Plan and Timetable); 7. 5-year Projected Balance Sheet and Income Statement; 8. Favorable Endorsement from the Economic Zone Developer/Operator; and 9. Environmental Compliance Certificate issued by the Environmental Management Bureau of the Department of Environment and Natural Resources (EMB-DENR).

Procedure

Step Client Service Provider 1 Proceed to the 2/F Give client an Application Form with corresponding Ecozone Development checklist of requirements Department 2 Submit notarized Pre-evaluate the filled-out application and its application form and attachments all the documentary If found compliant, issue the Order requirements of Payment. If non-complying, inform the applicant immediately. 3 Pay to the Cashier Process payment and issue Official Receipt Prepare evaluation report for PEZA Board Approval Approve the Application Inform client of the approval of the application Prepare the PEZA Board Resolution Inform client that the Board Resolution is ready for pick- up

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INCENTIVES AVAILMENT 235

Issue the PEZA Board Resolution of Approval 4 Submit pre- Validate the submitted documents registration Prepare the Registration Agreement between Proponent requirements, if any and PEZA Prepare the Certificate of Registration Issue the Order of Payment for Registration Fee and Franchise Fee 5 Pay to the Cashier Process payment and issue Official Receipt 6 Sign the Registration Sign the Registration Agreement and Issue the PEZA Agreement Certificate of Registration to Proponent

Fees

Application Fee – PhP 3,600.00 Registration Fee - PhP 6,000.00 Franchise Fee - PhP 12,000.00

Processing Period: 22 working days

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INCENTIVES AVAILMENT 236

Registering as Economic Zone Utilities Enterprise

Who may avail of the Service?

Any business entity or concern duly registered with the Securities and Exchange Commission to engage in power generation and/or distribution inside economic zones.

Documentary Requirements

1. Duly accomplished and notarized PEZA Application Form and anti-graft certificate (R.A. 3019); 2. Board Resolution authorizing the filing of the application with PEZA and designation of representative(s) authorized to transact registration with PEZA; 3. Securities and Exchange Commission (SEC) Registration including Articles of Incorporation and By-Laws; 4. Audited financial statements for the last three (3) years, if applicable; 5. Project Description (Development Plan and Timetable); 6. Drawing/layout of typical support structure arrangement; 7. Complete operational plan including capacity plan (current and future demand); 8. Favorable Endorsement from the Department of Energy; 9. Favorable Endorsement from the Economic Zone Developer/Operator; and 10. Environmental Compliance Certificate issued by the Environmental Management Bureau of the Department of Environment and Natural Resources (EMB-DENR).

Procedure

Step Client Service Provider 1 Proceed to the 5/F Give client an Application Form with corresponding checklist Ecozone Development of requirements Department 2 Submit notarized Pre-evaluate the filled-out application and its attachments application form and all the documentary If found compliant, issue the Order requirements of Payment. If non-complying, inform the applicant immediately. 3 Pay to the Cashier Process payment and issue Official Receipt Prepare evaluation report for PEZA Board Approval Approve the Application Inform client of the approval of the application Issue the PEZA Board Resolution of Approval 4 Submit pre-registration Validate the submitted documents requirements, if any Prepare the Registration Agreement between Proponent and PEZA Prepare the Certificate of Registration Issue the Order of Payment for Registration Fee 5 Pay to the Cashier Process payment and issue Official Receipt 6 Sign the Registration Sign the Registration Agreement and Issue the PEZA Agreement Certificate of Registration to Proponent

Fees

Application Fee – PhP 3,600.00 Registration Fee - PhP 6,000.00

Processing Period: 22 working days

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INCENTIVES AVAILMENT 237

Permit to Locate

Who may avail of the Service?

1. Enterprises whose activities are not registrable with PEZA but complements the operation of the economic zones and PEZA-registered export enterprises (e.g. banking services, consultancy, canteen concessionaires, operation of hotels and other related services, installation of ATMs, packaging, operation of housing facilities for officials and employees, provision of medical services, business support services, operation of commercial centers, just-in-time delivery services, manpower services, etc.); and 2. Companies that will not physically locate inside the zone such as communication towers, poles, etc.

Documentary Requirements

3. New Application 1. Duly Accomplished and Notarized Application Form; 2. Anti-Graft Certificate (R.A. 3019) and Proof of payment of Application Fee; 3. DTI Registration or SEC Registration Certificate and Articles of Incorporation and By-Laws (including latest GIS); 4. Any perfected contract/document confirming the applicant’s authority/clearance to use the land and/or /building; 5. Endorsement from the Zone Administrator for public economic zones or Zone Manager for private economic zone [to be requested by the Ecozone Development Department]; 6. Endorsement from the registered developer/operator for private economic zones; and 7. Proof of Payment of Permit to Locate Fee

4. Renewal 1. Letter Request for the renewal of PTL address to PEZA Director General; 2. Any perfected contract/document confirming the applicant’s authority/clearance to use the land and/or /building; 3. Current Mayor’s Permit/Business Permit; 4. Endorsement from the Zone Administrator for public economic zones or Zone Manager for private economic zone [to be requested by the Ecozone Development Department]; 5. Endorsement from the registered developer/operator for private economic zones; and 6. Proof of Payment of Permit to Locate Fee

Validity

The Permit to Locate issued by the Authority shall be valid only for one (1) year and renewable every year or until termination of business in the economic zone.

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INCENTIVES AVAILMENT 238

Procedure

Step Client Service Provider 1 Proceed to the Ecozone New Application - Give client an Application Development Department Form with corresponding checklist of requirements [EDD] Renewal - Give client the checklist of 5th Floor, PNOC Building 5 Requirements PNOC-DOE Complex, Provide briefing on the registration process Drive, Bonifacio Global City,Taguig City 2 Submit notarized application Pre-evaluate the application form and all the documentary and its attachments requirements If non-complying, inform the applicant immediately If found compliant: • Issue the Order of • Payment for Application • Fee 3 Pay to the Cashier Process payment and issue Official Receipt

3rd Floor, PNOC Building 4-A 4 Proceed to the Office of the Filled-out application form/Letter request of renewal and Director General its attachments [including the Official Receipt] will be officially received by the Office of the Director General 5th Floor, PNOC Building 5 and will be forwarded to EDD Prepare request for endorsement and/or comments of the concerned Zone Manager/Zone Administrator regarding the applicant’s activity If application is denied, inform the proponent immediately

If application is favorably endorsed by the Zone Administrator/Manager, prepare recommendation to the Director General for approval of the proponent’s application and the Certificate of Permit to Locate Forward the Certificate for final approval

Inform client that the Certificate has been approved and ready for pick-up 5 Pick-up the Certification at the Release Certificate of Permit to Locate EDD

Application Fee: PhP 2,400.00

Processing Period: All complete applications for Permit to Locate are processed and submitted with recommendation to the Director General within ten (10) working days

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ACKNOWLEDGEMENT a

ACKNOWLEDGEMENT

The Investments Assistance Service crafted the Investors’ Guidebook which is a compilation of common government transactions and processes in relation to doing business in the Philippines.

The completion of this project could not have been accomplished without the information lodged in the current Citizen’s Charters and official websites of selected government agencies. The IAS properly acknowledges the accessibility and transparency of data from the following government agencies:

1. Bureau of Immigration 2. Philippine Retirement Authority 3. Department of Labor and Employment 4. Securities and Exchange Commission 5. Department of Trade and Industry 6. Cooperative Development Authority 7. Bureau of Internal Revenue 8. Social Security System 9. Home Mutual Development Fund 10. Philippine Health Insurance Corporation 11. Bangko Sentral ng Pilipinas 12. Intellectual Property Office 13. Department of Environment and Natural Resources - Environmental Management Bureau 14. Department of Agrarian Reform 15. Department of Energy 16. Bureau of Fire Protection 17. Department of Information and Communications Technology 18. Department of Science and Technology 19. Department of Tourism 20. Land Transportation Office 21. Land Transportation Franchising and Regulatory Board 22. Philippine National Police 23. Food and Drug Administration 24. National Water Resources Board 25. Department of Finance 26. Board of Investments 27. Philippine Economic Zone Authority

The Investment Assistance Service avails itself of this opportunity to strengthen its cooperation and continuous coordination with government agencies to further enhance the ease of doing business in the Philippines.

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DIRECTORY OF CONTACTS b

DIRECTORY OF CONTACTS

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DIRECTORY OF CONTACTS c

National Government Agencies

Bureau of Treasury Bureau of Internal Revenue www.treasury.gov.ph www.bir.gov.ph Palacio del Gobernador Bldg., Intramuros, BIR National Office Bldg., BIR Road, Diliman, Manila Quezon City (+632) 8663 2287 (+632) 8981 7000 [email protected] [email protected]

Department of Agrarian Reform Department of Information and Communication www.dar.gov.ph Technology Elliptical Road, Diliman, Quezon City www.dict.gov.ph (+632) 3453 7980 C.P Garcia Avenue, Diliman, Quezon City [email protected] (+632) 8920 0101 [email protected]

Department of Agriculture Department of the Interior and Local www.da.gov.ph Government Elliptical Road, Diliman, www.dilg.gov.ph Quezon City DILG NAPOLCOM Center, EDSA cor. (+632) 8273 2474 / (+632) 8928 8756 to 65 Quezon Avenue, Quezon City [email protected] (+632) 8925 0330 / 8925 0331 / 8876 3454 [email protected]

Department of Budget and Management Department of Labor and Employment www.dbm.gov.ph www.dole.gov.ph Boncodin Hall, General Solano St., San Miguel, Muralla Wing cor. General Luna St., Manila Intramuros, Manila (+632) 8657 3300 (+632) 1349 / 8527 3000 [email protected] [email protected]

Department of Education Department of Public Works and Highways www.deped.gov.ph www.dpwh.gov.ph DepEd Complex, Meralco Avenue, 2nd St., Port Area, Manila Pasig City (+632) 5304 3700 (+632) 8636 1663 / 8633 1942 www.dpwh.gov.ph/dpwh/directory/index [email protected]

Department of Energy Department of Science and Technology www.doe.gov.ph www.dost.gov.ph Energy Center, Rizal Drive, DOST Building, Gen. Santos Ave., Bicutan, Bonifacio Global City, Taguig City Taguig City (+632) 8479 2900 (+632) 8837 2071 to 82 / (+632) 8837 2937 https://www.doe.gov.ph/doe-helpdesk http://helpdesk.dost.gov.ph/alldirectory

Department of Environment and Natural Department of Tourism Resources www.tourism.gov.ph http://denr.gov.ph 351 Senator Gil Puyat Ave., Makati City Visayas Avenue, Diliman, Quezon City (+632) 8459 5200 to 8459 5230 (+632) 8929 6626, 7755 3330 [email protected] [email protected]

Department of Finance Department of Transportation www.dof.gov.ph http://dotr.gov.ph DOF Bldg., BSP Complex, Roxas Blvd., Manila The Columbia Tower, Bgy. Wack-Wack, (+632) 8525 0244 Ortigas Avenue, Mandaluyong City [email protected] (+632) 8790 8300 / 8790 8400

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DIRECTORY OF CONTACTS d

Department of Foreign Affairs Department of Trade and Industry www.dfa.gov.ph www.dti.gov.ph DFA Home Office, Trade & Industry Building, 361 Senator Gil J. 2330 Roxas Boulevard, Puyat Ave., Makati City Pasay City (+632) 7751 0384 / 1-DTI (384) (+632) 8834 3000 / 8834 4000 [email protected]

Department of Health Bureau of Immigration www.doh.gov.ph www.immigration.gov.ph San Lazaro Compound, Tayuman, Magallanes Drive, Manila (HO) Sta. Cruz, Manila (+632) 8465 2400 / 8524 3769 (+632) 8651 7800 [email protected] [email protected] http://www.immigration.gov.ph/contact- us/main-office

Food & Drug Administration Philippines National Economic and Development Authority www.fda.gov.ph www.neda.gov.ph 1781 Civic Drive, Filinvest Corporate City, NEDA Building, St. Jose Maria Escriva Drive, Alabang, Muntinlupa City Ortigas Center, Pasig City (+632) 8857 1900 (+632) 8631 0945 to 56 [email protected] [email protected]

Metropolitan Waterworks and Sewerage System Public-Private Partnership Center http://mwss.gov.ph https://ppp.gov.ph MWSS Compound, Katipunan Road, Balara, 8th Floor, One Cyberpod Centris, Eton Centris, Diliman, Quezon City Piñahan, Quezon City (+63 2) 8922 2969 (+63 02) 8709 4146 [email protected] [email protected]

Natural Resources Development Corporation Maritime Industry Authority http://nrdc.denr.gov.ph www.marina.gov.ph 9th Floor, DENR By The Bay Building, 1515 Roxas 984 Parkview Plaza, Taft Avenue cor. Kalaw Boulevard, Ermita, Manila Street, Manila (+632) 8521 9421 / 8521 9466 (+632) 8526 0107 / 8523 9078 [email protected] [email protected]

Philippine Export-Import Credit Agency Insurance Commission www.philexim.gov.ph www.insurance.gov.ph 17/F Citibank Tower, Citibank Plaza, Makati City 1071 United Nations Ave., Ermita, Manila (+632) 8885 4700 (+632) 8523 8461 to 70 [email protected]

Philippine Government Electronic Procurement Bureau of Customs System www.customs.gov.ph http://philgeps.gov.ph South Harbor, Gate 3, Port Area, Manila Unit 608 Raffles Corporate Center, F. Ortigas Jr. (+632) 7917 3200 (3201 to 3205) Rd., Ortigas Center, Pasig City [email protected] (+632) 8640 6906 - 09 [email protected] [email protected]

Securities and Exchange Commission www.sec.gov.ph Secretariat Building, PICC Complex Roxas Boulevard, Metro Manila Philippines Telephone No.:(+632) 818-0923 [email protected]

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DIRECTORY OF CONTACTS e

Investment Promotions Agencies

Board of Investments (BOI) Philippine Economic Zone Authority (PEZA) www.boi.gov.ph www.peza.gov.ph Industry and Investments Building, 385 Sen. Gil Building 5, DOE-PNOC Complex, Energy Puyat Avenue, Makati City Center, 34th Street, Bonifacio Global City, (+632) 8897 6682 Taguig City [email protected] (+632) 8551 3451 [email protected]

Philippine Retirement Agency (PRA) Tourism Infrastructure and Enterprise Zone www.pra.gov.ph Authority (TIEZA) 29th Floor, Citibank Tower, 8741 Paseo De Roxas, http://tieza.gov.ph Makati City Meridian Tower, Tower 1 Double Dragon, (+632) 8848 1412 to 16 Avenue, Pasay City [email protected] (+632) 8249 5900 to 79 [email protected]

Bases Conversion and Development Authority https://bcda.gov.ph/ 2nd Floor, Bonifacio Technology Center 31st St., corner 2nd Avenue Bonifacio Global City, Taguig (+632) 8575-1700

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DIRECTORY OF CONTACTS f

BOI Investments Assistance Center ATTY. BOBBY G. FONDEVILLA OIC Executive Director

Investments Assistance Service (IAS) ERNESTO C. DELOS REYES JR. OIC Director

Counseling and Business Requirements Division (CBRD) Hotline: +63 961 680 5445 Tel Nos.: (+ 63 02) 8897 6682 loc. 275/293; +63 (02) 8895 8322; Email: [email protected]

EDILBERTO C. NUNAG LUBIN R.DE VERA Chief Investments Specialist Supervising Investments Specialist MARILOU O. AVELLANOSA HELEN SS. CASCO Senior Investments Specialist Senior Investments Specialist JOANNE C. CASTAÑEDA ROSA ARLENE R. AGONOY Investments Specialist Investments Specialist DANELA C. BAUTISTA HANNAH JAMAIGN R. BAROQUILLO Investments Specialist Investments Analyst

Aftercare Services Division (ASD) Tel No.: (+ 63 02) 8897 6682 loc. 252/291; +63 (02) 8896 7342 Email: [email protected]

AILEEN P. MACAPAGAL OIC Chief Investments Specialist OPHELIA O. ADAD MINERVA E. TABAR Senior Investments Specialist Senior Investments Specialist CLARISSA MAY A. VIDUYA LUIS ANTONIO ALFONSO B. PERALTA Investments Specialist Investments Specialist PAOLO SALES Z. BISNAR Investments Specialist

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DIRECTORY OF CONTACTS g

Investments Assistance Service Investors’ Guidebook 2020

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G/F Industry and Investments Building, 385 www.boi.gov.ph Sen. Gil Puyat Avenue, Makati City 1200, Philippines www.boi-own.gov.ph Tel No.: (+63 02) 897 6682