Investors' Guide
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SUBIC BAY FREEPORT INVESTORS’ GUIDE This guidebook was produced by the Subic Bay Metropolitan Authority through the efforts of the Office of the Deputy Administrator for Corporate Communications and in consultation with all concerned SBMA Departments and offices. It is a compilation of all the current pertinent rules, regulations, procedures and guidelines as of date of release and therefore are subject to review and amendments from time to time by the SBMA. Readers are encouraged to verify with concerned departments and offices the current and latest updates of all the provisions therein. (February 2014) ACKNOWLEDGMENT We would like to thank all the SBMA departments/offices and the SBF Chamber of Commerce for the utmost cooperation in providing the data to produce this guidebook. SUBIC BAY FREEPORT INVESTORS’ GUIDE As of February 2014 Introduction The Subic Bay Metropolitan Authority (SBMA) welcomes you to Subic Bay Freeport, the pioneer Freeport of the Philippines. As a locator in this Freeport, you are now part of a vibrant and dynamic business environment at the center of Asia’s busiest cities and ports. As a valued member of a thriving business community of more than 1,000 local and foreign investors, you can look forward to fulfilling business experiences and growth opportunities here. The SBMA, as a government institution and investment promotion agency, is committed not to promise but to deliver quality services and maintain an investor-friendly climate at all times to the satisfaction of existing and prospective clients. The Agency shall treat your company fairly and with utmost transparency, and provide professional assistance and timely response in keeping with the highest standards of business ethics. Every SBMA employee and department is ready to assist you and facilitate the processing of your business concerns with as much speed and ease as possible. It is worthy to mention, too, that the SBMA has been consistent in its mandate to preserve and protect the Freeport’s natural environment. In this aspect, your cooperation and compliance shall be most vital. Purpose of the Guidebook This guidebook is intended for the use of all SBF locators. It provides a clear view of the processes and procedures relevant to the establishment and operation of your business. It also guides investors on the legal, taxation, and government policy aspects of investing in the Freeport. For new investors, this manual provides both the simplest and the most critical details of setting up a business, including which SBMA Departments are tasked to deliver after-care investor services and assistance in addressing particular concerns. For existing investors, the manual serves as a reference to the processes and procedures vital to the continuity of their operations. TABLE OF CONTENTS Section Title Page No. GENERAL INFORMATION 1 I. BUSINESS REGISTRATION Business Registration Process 5 Fees and Validity of Permits 6 The 14-Day Business Registration Process of the Subic and Clark Corridor 7 Process Flow: Issuance of Certificate of Registration and Tax Exemption and Registration Certificate 8 Performance Bond for Main Lease and Sublease Development Projects 9 Process Flow: Performance Bond for Main Lease and Sublease Development Projects 9 II. LAND ASSET MANAGEMENT Land Administration 13 Process Flow: Property Lot Survey 13 Estate Management 14 III. HIRING OF PERSONNEL A. Manpower Hiring and Accreditation Application for the Issuance of Certificate of Accreditation 18 Process Flow: Issuance of Certificate of Accreditation 18 Process Flow: Issuance of Entry/Exit Pass for Contractors/Subcontractors 19 Process Flow: Manpower Sourcing Services 20 Process Flow: Issuance of Entry/Exit Pass for Locators 21 Process Flow: Endorsement for Issuance of Provisional Permit to Work 22 Process Flow: Endorsement for Issuance of Special Work Permit 23 Process Flow: Endorsement for Issuance of Alien Employment Permit 24 Fees and Validity of Permits 25 B. Securing Workers’ Pass and ID Issuance of Gate Passes 28 Process Flow: Issuance of Paper Pass 28 Process Flow: Issuance of Laminated ID 29 Process Flow: Issuance of Computerized ID 30 Fees and Validity of Permits 31 IV. SAFETY REGULATIONS & COMPLIANCE A. Building Permit and Safety Application for Building Permit / Occupancy Permit 34 Process Flow: Issuance of Building Permit 37 Process Flow: Issuance of Occupancy Permit 38 B. Environmental Guidelines Environmental Permit and other Regulations 40 Process Flow: Issuance of Dive Permit 41 Process Flow: Issuance of Research Permit 42 Process Flow: Issuance of Permit to Film Movie in Protected Area 43 Process Flow: Issuance of Animal Transport Permit 44 Process Flow: Issuance of Tree Planting Permit 45 Application for ECC for Projects Covered by an EIS Report 46 Process Flow: Projects Covered by an EIS Report 47 Application for ECC for Projects Covered by an IEE Report 48 Process Flow: Projects Covered by an IEE Report 49 TABLE OF CONTENTS Section Title Page No. Application for ECC for Projects Covered by an EPRMP Report 50 Process Flow: Projects Covered by an EPRMP Report 51 Application for ECC for Projects Covered by an IEEC Report 52 Process Flow: Projects Covered by an IEEC Report 53 Application and Process Flow for Notice to Proceed (NTP) 54 Process Flow: Application for CNC 55 Process Flow: Application for Tree Trimming/Cutting 56 Process Flow: Issuance of Permit to Operate a Pollution Control Device/Equipment or Discharge Permit 57 Fees and Validity of Permits 58 Guidelines for Allowable Tree Cutting/Tree Trimming Activities 59 List of Environmentally Critical Areas 61 C. Health and Sanitation Issuance of Sanitary Clearance 64 Process Flow: Issuance of Sanitary Clearance 66 PHSD Clearance for SBMA Accreditation (for Sub-contractors) 67 Process Flow: Issuance of PHSD Clearance for SBMA Accreditation 73 Fees and Validity of Permits 74 D. Property Maintenance (Grass Cutting, Repairs, Solid Waste Management) Grass cutting and Building Maintenance 77 Process Flow: Grass-cutting and Trimming, and Building Maintenance/Repair 77 Solid Waste Management 78 Process Flow: Regular Waste/Garbage Collection 78 Process Flow: Special Waste/Garbage Collection 79 Process Flow: Tipping Permit 79 Fees and Validity of Permits 80 Special Rules on Waste Management 81 Waste Collection Schedule 83 E. Fire Safety & Protection Issuance of Hazardous Operation Permit 85 Process Flow: Issuance of Hazardous Operation Permit 85 Fees and Validity of Permits 85 V. IMPORT/EXPORT Direct Trader Input (DiTi) Accreditation 88 Process Flow: Issuance of Direct Trader Input Accreditation 88 Issuance of Admission Permit 89 Process Flow: Issuance of Admission Permit 89 Issuance of Single Administrative Document (SAD) - Yellow ASYCUDA 90 Process Flow: Issuance of SAD – Yellow ASYCUDA 90 Issuance of Single Administrative Document (SAD) –Red ASYCUDA 91 Process Flow: Issuance of SAD – Red ASYCUDA 91 Export Clearance 92 Process Flow: Issuance of Export Clearance 92 Approval of List of Importables to Etaps 93 Process Flow: Approval of List of Importables to Etaps 93 Approval of Client Profile Registration and Customs Client Number 94 Process Flow: Approval of List of Importables to Etaps 94 Fees and Validity of Permits 95 TABLE OF CONTENTS Section Title Page No. VI. REGULATION ON THE USE OF PRIVATELY-OWNED AND PUBLIC-OPERATED MOTOR VEHICLES (VEHICLE DECAL, TRANSPORTATION ACCREDITATION, AND ADMISSION OF DUTY FREE & TAX-EXEMPT MOTOR VEHICLES) SBMA Vehicle Decal 98 Process Flow: Issuance of SBMA Vehicle Decal 98 Transportation Accreditation 99 Process Flow: Issuance of Vehicle Accreditation 99 Admission of Tax Exempt and Duty free Motor Vehicle 100 Process Flow: Issuance of Admission Authority for Tax Exempt & Duty free Motor Vehicle 100 Process Flow: Issuance of Authority to Release for Tax Exempt & Duty free Motor Vehicle 101 Process Flow: Issuance of Admission for Tax Exempt and Duty free Motor Vehicle 101 Fees and Validity of Permits 102 Policy Guidelines on the Admission of Duty Free and Tax Exempt Motor Vehicles 103 Fines and Penalties For Violations/Non-Compliance 109 Guidelines on Public Transport and Shuttle Service Operations Within the Freeport 110 Fines and Penalties For Violations/Non-Compliance 117 VII. TOURISM-RELATED GUIDELINES A. Tourism Standards Classification Tourism Standards Classification 119 Process Flow: Issuance of Tourism Standards Classification 120 Fees and Validity of Permits 121 B. Posting of Business and Advertising Signages, Marketing/Minor Merchandising Activities Securing Permit for Posting of Business and Advertising Signages, Marketing & Minor Merchandising Activities 124 Application for Posting of Permanent Business Signs/Sign Structures 127 Process Flow: Issuance of Permit for Permanent Signs/ Sign Structures 130 Application for Posting of Temporary Signage/s 131 Process Flow: Issuance of Permit for Temporary Advertising Signs 131 Fines and Penalties for Violations and Non-Compliances 136 VIII. AVIATION AND MARITIME OPERATIONS A. Airport Permits Issuance of Personnel Access Pass 140 Process Flow: Issuance of Personnel Access Pass 140 Issuance of Official Business (OB) Pass 141 Process Flow: Issuance of Official Business (OB) Pass 141 Issuance of Flight Line Driver’s Permit 142 Process Flow: Issuance of Flight Line Driver’s Permit (Yellow) 142 Process Flow: Issuance of Flight Line Driver’s Permit (Green) 143 Fees and Validity of Permits 144 TABLE OF CONTENTS Section Title Page No. B. Seaport Permits Vessel Entry Clearance 147 Process Flow: Issuance of Vessel Entry Clearance