Approval of 1997 Investment Priorities Plan ( Memorandum Order No. 424 )
April 01, 1997
April 1, 1997
MEMORANDUM ORDER NO. 424
APPROVING THE 1997 INVESTMENT PRIORITIES PLAN
Pursuant to Article 29 of the Omnibus Investments Code of 1987 (EO 226), the attached 1997 Investment Priorities Plan (IPP) is hereby approved.
This Memorandum Order shall take effect fifteen (15) days after its publication as required under Article 31 of the Omnibus Investments Code of 1987.
DONE in the City of Manila, this 1st day of April, in the year of Our Lord, Nineteen Hundred and Ninety-Seven.
1997 INVESTMENT PRIORITIES PLAN
FOREWORD
"Pole-vaulting to Global Competitiveness" is the theme of this year's Investment Priorities Plan (IPP). Philippine economy is at a stage where initial economic reforms have begun to make its impact positively felt through the country's main economic indicators. Although reforms are still continuing and more investment enhancing measures are still being pursued, there are indications that the country can fastrack priority economic activities to pole-vault the economy's development. The 1997 IPP is crafted in such a way that it seeks to reinforce past and current measures that are aimed at expanding productivities and improving on capabilities for Philippine global competition.
The 1997 IPP, in this regard, reflects the current year's overall plan for investments eligible for investment incentives that are provided under the Omnibus Investments Code of 1987, as amended.
The 1997 IPP continually supports the objectives of the Medium-Term Philippine Development Plan (MTPDP) (1993-1998) of the government. The MTPDP has set three objectives in attaining a sustainable agri-industrial development.
1. Industrial restructuring for worldwide competitiveness and expansion of capacities for the production of goods and services for the domestic and export markets, including tourism;
2. Strong productive and ecological-sound links between agriculture and industry; and,
3. Higher income and productivity, and better access to resources among small entrepreneurs, farmers and fishermen.
Together with support to the MTPDP is support to the social programs of Government by the 1997 IPP. Firstly, there is the Special Zone of Peace and Development (SZOPAD) primarily for the Filipinos in the south which seeks to ensure the newfound peace, cooperation and development in that part of the country. Then, there is the continuing Social Reform Agenda of the Government to which the 1997 IPP addresses in its goals and in the less developed areas it is presently covering. Finally, the 1997 IPP seeks to push for economic activities it deems shall deliver the Philippine economy to a higher plane of economic state as the country prepares to celebrate the Philippine Centennial or the 100th year of Philippine political independence. These social programs substantially impact on the economy and ultimately the Filipino.
The goals for the 1997 IPP are the same as those laid down in earlier IPPs, to wit:
1. To further enhance global competitiveness of Philippine industrial products;
2. To increase exports;
3. To support small and medium enterprises (SMEs);
4. To increase agricultural productivity;
5. To set-up and upgrade infrastructure and support facilities;
6. To ensure efficient environmental management;
7. To disperse industry in the countryside; and
8. To alleviate poverty.
As these goals are of the medium-term basis, the major categories under the 1997 IPP are carried from the 1996 IPP as follows:
1. Export-oriented Industries
2. Catalytic Industries
3. Industries Undergoing Adjustment
4. Support Activities
5. Mandatory Inclusions
The major difference though is that the 1997 IPP focuses and qualifies further the following activities: a) Reinforced support to the agricultural sector as its activities link up with the manufacturing sector; b) Modernization programs — 19 critical economic activities in the current IPP are identified to warrant a modernization program for these industries to compete globally through technology upgrade of existing capacities or via complete adoption of state-of-the-art technology. As modernization of industries is not an overnight activity, but a continuing one until certain breakthroughs are attained, the program is envisioned to run until the year 2000. Industries availing of the program shall, however, complete the modernization in either 2 or 3 years from date of registration of the individual project, depending on the average operation period of a project and c) Environmental activities are made more focused by more specific listings of environmental projects.
Thirty-two (32) economic activities are listed in this year's plan as compared to the 35 areas listed in 1996.
In addition to the national listing of the 1997 IPP is a special listing of economic activities determined for promotion and eligible for investment incentives by the Autonomous Region for Muslim Mindanao (ARMM). The ARMM IPP is the list of priority areas which have been independently determined by the Regional Board of Investments (RBOI) of the ARMM in accordance with E.O. 458. Economic activities in this special listing shall be pursued in the ARMM only. However, economic activities listed in the national IPP may have its location also inside the ARMM.
The 1997 IPP was completed in consultation with the Inter-agency Working Group on the IPP [members of which are: Presidential Management Staff (PMS), the National Economic and Development Authority (NEDA), the Departments of Agricultural (DA), Environment and Natural Resources (DENR), Labor and Employment (DOLE), Finance (DOF), Science and Technology (DOST), Tourism (DOT), Trade and Industry (DTI) and Board of Investments (BOI)] in December 1996. Public hearings in consultation with multisectoral groups in Manila and the provinces of Cebu, North Cotabato, Albay, Leyte and Zamboanga were also held in February 1997. Consultation with the Special Joint Cabinet Clusters A and B was held in March 1997.
C. B. Bautista
Chairman, Board of Investments and
Secretary, Dept. of Trade and Industry
1997 INVESTMENT PRIORITIES PLAN
Part I: Priority Investment Areas (Countrywide)
LIST OF PRIORITY | ||||||||
AREAS/ACTIVITIES | COVERAGE/DEFINITION | |||||||
I. | EXPORT-ORIENTED | 1. | Export producer | |||||
INDUSTRIES (P/NP) * | — | Manufacturers of non-traditional export | ||||||
products/services with capability to | ||||||||
export at least 50% of its output, if | ||||||||
Filipino-owned and at least 70%, | ||||||||
if foreign-owned. | ||||||||
2. | Export trader | |||||||
3. | Service exporter | |||||||
4. | Agri-export processing estates | |||||||
5. | Activities in support of exporters | |||||||
II. | CATALYTIC INDUSTRIES | |||||||
A. | Manufacturing | |||||||
1. | Composite Board (P/NP) | Manufacture of composite boards using as raw | ||||||
materials the following: | ||||||||
— | natural resource-based materials | |||||||
— | industrial wastes | |||||||
2. | Drugs and Medicines (P/NP) | 1. | Manufacture of bulk chemicals, including | |||||
those derived from indigenous plants | ||||||||
2. | Formulation or preparation of bulk | |||||||
chemicals into dosage form | ||||||||
— | for catastrophic diseases; | |||||||
— | for animal vaccines; and, | |||||||
— | biologics for animal diseases | |||||||
3. | Shipbuilding/Shiprepair/ | 1. | Construction of cargo/passenger vessels | |||||
Shipbreaking (P/NP) | 2. | Repair of cargo/passenger vessels | ||||||
3. | Breaking of cargo/passenger vessels | |||||||
Steel re-rolling and/or steel scrap supply | ||||||||
agreement with local millers must be submitted | ||||||||
to support the application for shipbreaking. | ||||||||
4. | Processed Foods (P/NP) * | 1. | Processed fruits and vegetables (except | |||||
those that are identified as export winners) | ||||||||
2. | Seafoods (except shrimps and tuna) | |||||||
3. | Meat (Western style such as ham, salami, | |||||||
bacon, bologna, etc.) | ||||||||
4. | Cocoa products | |||||||
5. | Confectionery | |||||||
6. | Cereal and cereal preparations | |||||||
Cocoa and cocoa preparations, confectionery, | ||||||||
cereal and cereal preparations may only be | ||||||||
registered if they will adopt "state-of-the-art" | ||||||||
and/or cost-effective technology. | ||||||||
5. | Cement (P) | Limited to NEW projects only. | ||||||
Cement projects with at least 1.0 million | ||||||||
MTPY capacity (clinker base) may qualify for | ||||||||
registration but, ITH is limited to four (4) years | ||||||||
and not entitled to bonus years. | ||||||||
B. | Agriculture, Food and Forestry | |||||||
1. | Production of Planting | 1. | Commercial production of quality/ | |||||
Materials, Breeders, Genetic | certified seeds and/or seedlings; | |||||||
Materials & Fingerlings (P/NP) | 2. | Breeder stocks of livestock and poultry | ||||||
or its genetic materials; and, | ||||||||
3. | Fingerlings of fish and crustaceans. | |||||||
New and expansion projects may qualify for | ||||||||
pioneer status if they are endorsed by the | ||||||||
Dept. of Agriculture (DA) as highly essential | ||||||||
to the attainment of the national goals of food | ||||||||
security and global competitiveness. | ||||||||
2. | Pulp and Paper (P/NP) * | Modernization activity for the manufacture of | ||||||
products such as: | ||||||||
— | newsprint; | |||||||
— | printing and writing; | |||||||
— | packaging; and | |||||||
— | specialty paper. | |||||||
New and expansion projects using pulp-based | ||||||||
materials other than waste paper, may be | ||||||||
registered on pioneer status. | ||||||||
III. | INDUSTRIES UNDERGOING | |||||||
INDUSTRIAL ADJUSTMENT | ||||||||
A. | Textiles (P/NP) * | 1. | Spinning; | |||||
2. | Weaving; | |||||||
3. | Knitting; and, | |||||||
4. | Dyeing & finishing. | |||||||
Only pioneer new and expansion projects may | ||||||||
be registered. Specialized mills with project | ||||||||
cost of at least P1.0B may qualify for pioneer | ||||||||
status. | ||||||||
B. | Chemical Products (P/NP) * | 1. | Manufacture of both organic and inorganic | |||||
chemicals. | ||||||||
2. | Manufacture of petroleum products from | |||||||
refining of crude oil with a minimum | ||||||||
annual processing capacity of 36 million | ||||||||
barrels, even without the introduction of | ||||||||
new process/technology, may qualify for | ||||||||
pioneer status. | ||||||||
Similar projects regardless of capacity but | ||||||||
locating in Visayas or Mindanao may | ||||||||
qualify for pioneer status. | ||||||||
Further processing of refinery petroleum | ||||||||
products leading to another product may | ||||||||
also qualify for registration. | ||||||||
3. | Production of organic fertilizers of plant | |||||||
and animal origin may be registered, | ||||||||
including: | ||||||||
a) | production of microbial fertilizer with | |||||||
nitrogen-fixing organism and, | ||||||||
b) | mycorrhiza. | |||||||
Mere mixing and compounding of organic | ||||||||
fertilizers are not covered. | ||||||||
Only pioneer new and expansion projects may | ||||||||
be registered. | ||||||||
C. | Sugarcane Plantation/Sugar | 1. | Sugarcane plantation; | |||||
Mills/Sugar Refineries (P/NP) * | 2. | Sugar mills; and, | ||||||
3. | Refineries. | |||||||
New and expansion projects must be endorsed | ||||||||
by the Sugar Regulatory Administration (SRA) | ||||||||
and the Department of Agriculture (DA). | ||||||||
D. | Packaging Products (P) | |||||||
E. | Machinery and Equipment | 1. | Manufacture of engines or motors; | |||||
and/or their Parts and | 2. | Metalworking and woodworking | ||||||
Components (P/NP) * | machinery; | |||||||
3. | Special purpose industrial machinery; | |||||||
4. | Agricultural machinery; | |||||||
5. | Equipment for power generation; | |||||||
6. | Communication equipment and apparatus; | |||||||
7. | Office computing and accounting | |||||||
machinery; and, | ||||||||
8. | Medical equipment/devices. | |||||||
Radio and television are limited to modernization | ||||||||
only. | ||||||||
F. | Coconut Plantation and Coco Oil | 1. | Coconut plantation; and, | |||||
Mills/Refineries (P/NP) * | 2. | Coconut oil mills and refineries | ||||||
New coconut oil mills (crude) may be allowed | ||||||||
provided these are integrated with plantation. | ||||||||
(Plantation refers to planted areas with coconut | ||||||||
trees still in their pre-production stage.) | ||||||||
G. | Fishery Production (P/NP) * | 1. | Fish | |||||
2. | Crustaceans | |||||||
3. | Mollusks | |||||||
H. | Feeds Production (P/NP) | 1. | Feeds for: | |||||
a) | aquaculture | |||||||
b) | livestock | |||||||
2. | Feeds production, integrated with corn | |||||||
production and/or other feed ingredient | ||||||||
production, may qualify for pioneer status. | ||||||||
IV. | SUPPORT ACTIVITIES | |||||||
A. | Infrastructure (P/NP) * | 1. | Development of industrial estates; | |||||
2. | Industrial communities; | |||||||
3. | Service cities; | |||||||
4. | Telecommunications; | |||||||
5. | Ports; | |||||||
6. | Water supply; | |||||||
7. | Waterway and sewerage systems; | |||||||
8. | Tollroads/highways; | |||||||
9. | Power generation and transmission; and | |||||||
10. | Distribution facilities for refined petroleum | |||||||
products/liquified petroleum gas (LPG), | ||||||||
including depot/bulk handling. | ||||||||
Infrastructure projects may be undertaken under | ||||||||
any of the following schemes: | ||||||||
a) | Joint venture agreement between the | |||||||
private sector and government entity | ||||||||
concerned; or, | ||||||||
b) | Other schemes feasible for | |||||||
infrastructure development. | ||||||||
For ports and airports, the project must be | ||||||||
endorsed by the Philippine Ports Authority | ||||||||
(PPA) and Air Transportation Office (ATO), | ||||||||
respectively. | ||||||||
Industrial Estates refer to: | ||||||||
1. | Large tracts of land for the use of a | |||||||
community or manufacturing industries | ||||||||
and services which include science and | ||||||||
technology parks and, | ||||||||
2. | Technology incubation centers or science | |||||||
and technology centers under a unified and | ||||||||
continuous management. | ||||||||
Development of industrial estates must be | ||||||||
outside Metro Manila, Laguna and Cavite. | ||||||||
Industrial estates in Laguna and Cavite may | ||||||||
apply for registration under the Philippine | ||||||||
Economic Zone Authority (PEZA). | ||||||||
Registrations for the development of industrial | ||||||||
estates in underdeveloped areas of Laguna and | ||||||||
Cavite shall be determined by the Board. | ||||||||
Applications for registration shall include | ||||||||
approvals from the local government unit | ||||||||
(LGU) concerned, Dept. of Agrarian Reform | ||||||||
(DAR) for land conversion, and other relevant | ||||||||
government agencies. | ||||||||
Industrial Communities refer to: | ||||||||
1. | Large tracts of land for development with | |||||||
carrying capacity for town facilities, such | ||||||||
as: | ||||||||
a) | accommodation facilities; | |||||||
b) | multi-purpose centers; | |||||||
c) | health centers; | |||||||
d) | drugstores; | |||||||
e) | schools; and, | |||||||
f) | other livelihood centers | |||||||
2. | Located within a 5-kilometer radius from | |||||||
an industrial estate and must be located | ||||||||
outside Metro Manila. | ||||||||
Service Cities refer to: | ||||||||
1. | A well-planned, well-managed, well- | |||||||
developed, environmentally sustainable and | ||||||||
globally competitive metropolis, provided | ||||||||
with a full range of products, services and | ||||||||
amenities, such as: | ||||||||
a) | educational institutions | |||||||
b) | medical facilities | |||||||
c) | a grand central station to serve as | |||||||
transportation hub | ||||||||
d) | a well-lighted parking system and | |||||||
structure | ||||||||
e) | integrated design and adaptable utility | |||||||
system | ||||||||
f) | latest telecommunication system | |||||||
g) | theaters, concert halls and galleries and, | |||||||
h) | multi-modal stations and convention | |||||||
centers. | ||||||||
2. | Service cities must have an area of not less | |||||||
than 500 hectares and be located outside | ||||||||
Metro Manila. | ||||||||
Telecommunication includes: | ||||||||
1. | The establishment and operation of local | |||||||
exchanges; | ||||||||
2. | Public calling offices; | |||||||
3. | International gateway facilities; | |||||||
4. | Multi-media training systems; and, | |||||||
5. | Inter-exchange carrier network operations | |||||||
(satellite or terrestrial-based). | ||||||||
The use of digital systems are encouraged. | ||||||||
A National Telecommunications Commission | ||||||||
(NTC) endorsement should be submitted with | ||||||||
the application. | ||||||||
Tollroads/Highways | ||||||||
1. | May be registered as NEW provided that | |||||||
the cost of upgrading already approximates | ||||||||
the cost of constructing a new road (i.e., | ||||||||
90% and above). | ||||||||
2. | Cost of upgrading shall be certified by the | |||||||
Toll Regulatory Board (TRB), including a | ||||||||
further TRB certification that the upgrading | ||||||||
activity will result in low toll charges. | ||||||||
Power Projects * | ||||||||
1. | Power generation; and | |||||||
2. | Power transmission. | |||||||
All power projects, except power generation | ||||||||
derived from waste treatment and indigenous | ||||||||
sources of energy making use of environment- | ||||||||
friendly processes (e.g., geothermal, liquified | ||||||||
natural gas (LNG), coal, solar energy, wind), | ||||||||
are not entitled to ITH. | ||||||||
All applications for registration must be | ||||||||
endorsed by the Department of Energy (DOE). | ||||||||
Distribution Facilities | ||||||||
1. | Oil depot/bulk handling for refined | |||||||
petroleum products/liquified petroleum gas | ||||||||
(LPG). | ||||||||
B. | Common Carriers (P/NP) * | 1. | Land transport * | |||||
a) | public utility buses (PUBs) | |||||||
— | Only buses for provincial | |||||||
operations may be registered | ||||||||
provided franchises are available | ||||||||
for particular routes. | ||||||||
b) | cargo truck operations | |||||||
— | integrated cargo handling and | |||||||
trucking may be registered | ||||||||
provided, this would include | ||||||||
Brand-New (not | ||||||||
reconditioned) cargo trucks; | ||||||||
— | Cargo handling may include rail | |||||||
transport of cargoes; and | ||||||||
— | Subcontracting of cargo handling | |||||||
shall not be extended incentives. | ||||||||
2. | Air Transport Facilities | |||||||
a) | passenger aircrafts; and, | |||||||
b) | cargo aircrafts without franchises | |||||||
Applications must be endorsed by the Civil | ||||||||
Aeronautics Board (CAB). | ||||||||
3. | Inter-island shipping * | |||||||
a) | pure cargo vessels; and, | |||||||
b) | passenger-carrying vessels | |||||||
For passenger/cargo and pure cargo vessels, | ||||||||
age limit must not be more than ten (10) years | ||||||||
old. For high-speed passenger crafts, age limit | ||||||||
is five (5) years. | ||||||||
All applications for registration must be | ||||||||
endorsed by the Maritime Industry Authority | ||||||||
(MARINA). Vessels for tourism purposes must | ||||||||
also be endorsed by the Department of Tourism | ||||||||
(DOT). | ||||||||
C. | Agricultural Services Related to | 1. | Establishment and operation of facilities | |||||
Crops, Livestock, Fish Production | that render services to agricultural and | |||||||
and Post-Harvest Facilities (NP) * | fishery producers | |||||||
a) | cold storage; | |||||||
b) | farm machinery & equipment services; | |||||||
and, | ||||||||
c) | irrigation, etc. | |||||||
Registered operators may be allowed to | ||||||||
utilize not more than 20% for its own | ||||||||
requirements. | ||||||||
2. | Ice plant projects, as a separate activity, | |||||||
may be registered if they locate in less- | ||||||||
developed areas or Key Production Areas | ||||||||
(KPAs) identified by the DA. | ||||||||
D. | Environmental/Ecological Support | |||||||
Facilities * | ||||||||
Environmental Degradation/ | 1. | Development or Conversion of Industrial | ||||||
Abatement/Mitigation and Ecology | Estates into Industrial Ecosystems | |||||||
Management/Maintenance (P/NP) | An industrial ecosystem is composed of | |||||||
a group of industries with varying nature of | ||||||||
operations but where the wastes/residues of | ||||||||
one industry become raw materials of | ||||||||
another, or used in another's system in a | ||||||||
substantive manner. A symbiotic | ||||||||
relationship among industries and adjacent | ||||||||
communities exists and that companies | ||||||||
exchange by-products for use as raw | ||||||||
materials instead of virgin materials | ||||||||
resulting to wastes accumulation. | ||||||||
2. | Industry Self-Regulation/Upgrading At | |||||||
Plant/Firm Level | ||||||||
As an extension/offshoot of modernization | ||||||||
program, capital equipment/systems | ||||||||
acquisition designed to make firm manufacturing | ||||||||
facilities conform to such EMS as ISO 14000 | ||||||||
may be eligible to enjoy incentives except | ||||||||
the income tax holiday. | ||||||||
3. | Establishment of Toxic and Hazardous | |||||||
Wastes (THW) Merchant Facility | ||||||||
Refers to plants capable of handling a | ||||||||
wide range of wastes. The facility must | ||||||||
incorporate physical, chemical and | ||||||||
biological treatment, together with an | ||||||||
incinerator and a dedicated THW landfill | ||||||||
site for final disposal. | ||||||||
4. | Establishment of New or Expansion, | |||||||
Rehabilitation, Modernization of | ||||||||
Sewerage Systems for | ||||||||
Industrial/Municipal Wastes * | ||||||||
Refers to plant facility capable of | ||||||||
handling non-toxic and hazardous wastes | ||||||||
(THW) incorporating a wide range of | ||||||||
treatment methods or any other innovative | ||||||||
system. Standard facilities should preferably | ||||||||
be provided with recycling loop capable of | ||||||||
efficient segregation/classification where applicable. | ||||||||
5. | Restoration/Rehabilitation of Major | |||||||
Water Catchment Basins/Waterways and | ||||||||
Related Infrastructure, Man-made or | ||||||||
Natural (may or may not be integrated with | ||||||||
reclamation works) | ||||||||
6. | Establishment of Stationary and Mobile | |||||||
Facilities for Emission-Testing (preferably | ||||||||
with rehabilitation capability.) | ||||||||
Refers to emission-testing facilities for | ||||||||
industrial/commercial types of equipment, | ||||||||
including motor vehicles. | ||||||||
E. | Research and Development | 1. | In-house R&D activities of any | |||||
Activities (P) | manufacturing/producing firm; and, | |||||||
2. | Commercial R&D activities of private firms | |||||||
and research institutions | ||||||||
The research activities shall fall within the | ||||||||
Science and Technology Agenda for National | ||||||||
Development (STAND) of the Department of | ||||||||
Science and Technology (DOST) and the | ||||||||
National Agricultural Research and Extension | ||||||||
Agenda (NAREA) of the DA. | ||||||||
Endorsement by the DOST or DA is required. | ||||||||
F. | Support to Other Government | |||||||
Priority Programs | ||||||||
1. | Rice and Corn Production | Growing and cultivation of rice and corn up to | ||||||
(NP) | storing and drying. | |||||||
Preferred areas are listed in the Key Grain | ||||||||
Areas of the Dept. of Agriculture's Medium- | ||||||||
Term Agricultural Development Plan. | ||||||||
2. | Production and Processing of | 1. | Production of swine or poultry; | |||||
Livestock and Poultry (NP) | 2. | Cattle raising for beef and/or dairy; and, | ||||||
3. | Crocodile farming (excluding game | |||||||
animals/fowls and other species for | ||||||||
pet/pleasure purposes). | ||||||||
Contract growers and integrators may be | ||||||||
registered jointly or separately. | ||||||||
Preferred areas are listed in the Key Livestock | ||||||||
Development Areas of the Dept. of Agriculture's | ||||||||
Medium-Term Agricultural Development Plan. | ||||||||
3. | Housing Components for | Fabrication of major mass housing components | ||||||
Socialized/Low Cost | using non-traditional, structurally-sound, | |||||||
Housing Projects (P/NP) | environment-friendly materials/technology | |||||||
a) | roof/framing systems; | |||||||
b) | partition systems; | |||||||
c) | flooring systems; | |||||||
d) | door/window systems; | |||||||
e) | finishing/ceiling systems; and, | |||||||
f) | water/sewerage systems | |||||||
Products other than steel-based should conform | ||||||||
with the Modular Coordination System (MCS) | ||||||||
of the Construction Industry Authority of the | ||||||||
Philippines. | ||||||||
Endorsement by both the Housing and Urban | ||||||||
Development Coordinating Council and the | ||||||||
DOST is required. | ||||||||
4. | Motor Vehicle Parts and | Manufacture of parts and components for the | ||||||
Components (P/NP) * | motor vehicle industry. | |||||||
5. | Social Services (P/NP) * | Establishment of: | ||||||
1. | Educational/training institutions; | |||||||
2. | Rehabilitation centers; | |||||||
3. | Health service facilities * ; and, | |||||||
4. | New retirement villages. | |||||||
Applications for registration of health services | ||||||||
must be endorsed by the Department of Health | ||||||||
(DOH). Projects must locate in an area | ||||||||
identified by the DOH while educational and | ||||||||
training institution must be endorsed by | ||||||||
TESDA and DOST. Applications for | ||||||||
retirement villages must be endorsed by the | ||||||||
Philippine Retirement Authority. | ||||||||
6. | Tourism (P/NP) * | 1. | Tourist accommodation facilities * ; | |||||
2. | Tourism estates; | |||||||
3. | Eco-tourism projects; and, | |||||||
4. | Tourist buses | |||||||
New, expansion and modernization of tourist | ||||||||
accommodation facilities in Metro Manila may | ||||||||
be registered but limited to capital equipment | ||||||||
incentives only. | ||||||||
Applications for registration must be endorsed | ||||||||
by the Department of Tourism (DOT). | ||||||||
V. | MANDATORY INCLUSIONS | |||||||
A. | Mineral Resources [R.A. No. 7942 | 1. | Exploration of Mineral Resources | |||||
(The Philippine Mining Act of | Projects are qualified for pioneer status. | |||||||
1995)] (P/NP) | ||||||||
Qualified Projects: | ||||||||
a) | Projects with approved exploration | |||||||
permit, mineral agreement or Financial | ||||||||
and/or Technical Assistance Agreement | ||||||||
(FTAA) under E.O. 279, series of 1987 | ||||||||
or under R.A. No. 7942; | ||||||||
b) | Projects are not entitled to Income Tax | |||||||
Holiday (ITH). | ||||||||
2. | Mining quarrying and Processing of | |||||||
Minerals * | ||||||||
All processing projects must locate outside | ||||||||
NCR. | ||||||||
Qualified projects: | ||||||||
a) | Projects involving mining, quarrying | |||||||
and processing of minerals except those | ||||||||
involving river bed operations, cave | ||||||||
mining and beach mining. | ||||||||
b) | All marble processing projects, whether | |||||||
or not integrated with mining or | ||||||||
quarrying, to qualify for registration, | ||||||||
must export at least 50% of production, | ||||||||
if Filipino-owned and at least 70% of | ||||||||
production, if foreign-owned. | ||||||||
c) | Projects with approved FTAA under | |||||||
E.O. 279, series of 1987 or under R.A. | ||||||||
7942 are considered pioneer with ITH | ||||||||
limited to four (4) years for new | ||||||||
projects unless complying with Art. 17, | ||||||||
Title 1 of E.O. 226, as amended. | ||||||||
Foreign-owned corporations, as defined | ||||||||
under R.A. 7942 and holders of valid | ||||||||
mineral processing permits, may | ||||||||
register their mineral processing | ||||||||
projects on pioneer status but with ITH | ||||||||
limited to four (4) years for new | ||||||||
projects unless complying with either | ||||||||
criterion under Art. 17, Title 1 of E.O. | ||||||||
226, as amended. | ||||||||
d) | Projects that will involve only mining or | |||||||
quarrying without processing shall be | ||||||||
entitled only to capital equipment and | ||||||||
non-fiscal incentives. | ||||||||
e) | Mining or quarrying integrated with | |||||||
mineral processing shall be entitled to | ||||||||
full incentives. | ||||||||
f) | Processing without mining or quarrying | |||||||
shall be entitled to full incentives. | ||||||||
B. | Iron and Steel (RA No. 7103 — | The following may be registered only on pioneer | ||||||
Iron and Steel Act) (P/NP) * | status: | |||||||
1. | Basic iron and steel-making integrated with | |||||||
slab-making; | ||||||||
2. | Flat products; | |||||||
3. | Seamless pipes production; | |||||||
4. | Long products; | |||||||
5. | Galvanizing integrated with steel fabrication | |||||||
in support of infrastructure projects such as | ||||||||
transmission towers, electric poles, | ||||||||
highway guards, pier sheet pilings, industrial | ||||||||
tanks, structural bridge members, streetlight | ||||||||
poles, steel columns and beams for | ||||||||
industrial plants and buildings, agricultural | ||||||||
grain silos and highway steel culverts; and, | ||||||||
6. | Fabricated steel structural members | |||||||
produced from computer-aided processes in | ||||||||
support of infrastructure projects, such as | ||||||||
in reinforced-concrete bridges, highways, | ||||||||
overpasses, skyways, and industrial plants | ||||||||
and buildings. | ||||||||
C. | Industrial Tree Plantation (P) | Establishment of forest tree plantations: | ||||||
Section 36 (f) of P.D. 705 | 1. | rubber | ||||||
2. | bamboo | |||||||
3. | non-timber forest species for commercial | |||||||
and industrial purposes | ||||||||
The activity may be integrated with nursery | ||||||||
establishments. | ||||||||
The plantation may be in private land or | ||||||||
covered by an Industrial Forest Management | ||||||||
Agreement (IFMA). | ||||||||
D. | Book Publishing (Sec. 12, R.A. | 1. | Production of books | |||||
8047 or the "Book Publishing | 2. | Production of textbooks | ||||||
Industry Development Act") (NP) | Applications for registration must be endorsed | |||||||
by the National Book Development Board. | ||||||||
E. | BOT Projects (R.A. 6957, as | Construction, rehabilitation, improvement, | ||||||
amended by R.A. 7718) (P/NP) * | betterment, expansion, modernization, operation; | |||||||
financing and maintenance of the following | ||||||||
types of projects: | ||||||||
1. | Highways, including expressways, roads, | |||||||
bridges, interchanges, tunnels, and related | ||||||||
facilities; | ||||||||
2. | Railways or rail-based projects packaged | |||||||
with commercial development opportunities; | ||||||||
3. | Non-rail based mass transit facilities, | |||||||
navigate inland waterways and related | ||||||||
facilities; | ||||||||
4. | Port infrastructure like piers, wharves, | |||||||
quays, storage, handling, ferry services | ||||||||
and related facilities; | ||||||||
5. | Airports, air navigation, and related | |||||||
facilities; | ||||||||
6. | Power generation, transmission, | |||||||
distribution, and related facilities; | ||||||||
7. | Telecommunications, backbone network, | |||||||
terrestrial and satellite facilities and related | ||||||||
service facilities; | ||||||||
8. | Information technology and data base | |||||||
infrastructure; | ||||||||
9. | Irrigation and related facilities; | |||||||
10. | Water supply, sewerage, drainage, and | |||||||
related facilities; | ||||||||
11. | Education and health infrastructure; | |||||||
12. | Land reclamation, dredging and other | |||||||
related development facilities; | ||||||||
13. | Industrial and tourism estates or townships, | |||||||
including related infrastructure facilities and | ||||||||
utilities; | ||||||||
14. | Government buildings, housing projects; | |||||||
15. | Markets, slaughterhouses, and related | |||||||
facilities; | ||||||||
16. | Warehouses and port-harvest facilities; | |||||||
17. | Public fishports and fishponds, including | |||||||
storage and processing facilities; and | ||||||||
18. | Environmental and solid waste management | |||||||
related facilities such as collection | ||||||||
equipment, composting plants, incinerators, | ||||||||
landfill and tidal barriers, among others. | ||||||||
The foregoing projects may be undertaken | ||||||||
under any of the following schemes or | ||||||||
contractual arrangements: | ||||||||
1. | Build-operate-and-transfer (BOT); | |||||||
2. | Build-and-transfer (BT); | |||||||
3. | Build-own-and-operate (BOO); | |||||||
4. | Build-lease-and-transfer (BLT); | |||||||
5. | Build-transfer-and-operate (BTO); | |||||||
6. | Contract-add-and-operate (CAO); | |||||||
7. | Develop-operate-and-transfer (DOT); | |||||||
8. | Rehabilitate-operate-and-transfer (ROT); | |||||||
and, | ||||||||
9. | Rehabilitate-own-and-operate (ROO). | |||||||
Applications for registration must be | ||||||||
accompanied by: 1) endorsement from | ||||||||
concerned government agency or corporation or | ||||||||
Local Government Unit (LGU) with a | ||||||||
certification that BOI incentives have been | ||||||||
considered in the supply contract; 2) copy of | ||||||||
supply contract; and 3) Environmental | ||||||||
Compliance Certificate (ECC). | ||||||||
F. | ASEAN Industrial Cooperation | Manufacture of all products, other than those in | ||||||
(AICO) Projects (P/NP) | the General Exception List of the Common | |||||||
Effective Preferential Tariff (CEPT) scheme | ||||||||
under the ASEAN Free Trade Agreement | ||||||||
(AFTA), shall be eligible for registration. | ||||||||
An AICO Arrangement is a cooperative | ||||||||
arrangement consisting of a minimum of two | ||||||||
participating companies from two different | ||||||||
ASEAN countries. | ||||||||
To form an AICO Arrangement, the prospective | ||||||||
companies must fulfill the following criteria: | ||||||||
— | be incorporated and operating in any | |||||||
ASEAN country; | ||||||||
— | have a minimum 30% national equity; and, | |||||||
— | undertake resource-sharing, industrial | |||||||
complementation or industrial cooperation. | ||||||||
— | complementation or industrial cooperation | |||||||
activities. |
PART II: Additional Priority Investment Areas for the Autonomous Region in Muslim Mindanao
Presented in this section is the list of priority areas which have been independently identified by the Regional Board of Investments of the Autonomous Region in Muslim Mindanao (ARMM), in accordance with E.O. 458. The BOI-ARMM can grant registration and administer incentives to activities listed herein, provided these are located in the ARMM .
I . EXPORT ACTIVITIES
A. Export Trader and Service Exporters
B. Support Activities for Exporters
II . AGRICULTURE, FOOD AND FORESTRY-BASED INDUSTRIES
A. Processed Food
1. Halal Meat
2. Leguminous and other vegetable — Based Protein
(Textured, pelletized or liquid)
3. Spices Processing (e.g., hot pepper, black pepper, etc.)
Note: (May be integrated with plantation)
4. Vegetable Oils (e.g., peanut oil, rice bran oil, sunflower and soybean oil)
5. Coconut Oil
6. Seaweeds Processing
7. Cassava Processing
Note:(May be integrated with plantation)
8. Fruit Processing (e.g., durian, mangosteen, jack fruit, marang, banana)
Note: May be integrated with plantation
9. Fish Production and Processing
a) Frozen fish
b) Chilled fish
c) Canned fish
d) Abalone
e) Crab fattening
f ) Eel production
10. Corn Flour Mill
11. Young Corn Production
Note: May include processing/canning
B. Cutflower Production
C. Pearl Culture
D. Industrial Tree Plantation (Includes Mangrove, Rattan, Bamboo, etc.)
E. Shipbuilding
F. Abaca Pulp Plantation and Processing
G. Palm Oil Plantation and Processing
H. Coffee Processing (May be integrated with plantation)
I. Particle Board (Use of agri-based waste materials such as rice straw, wood waste, etc.)
J. Activated Carbon Manufacturing (Use of coconut shell, wood-based, etc.)
K. Feeds Production
III . BASIC INDUSTRIES
A. Textile and Textile Products
1. Yarns and fabrics
2. Non-woven textiles
3. Specialty fabrics
4. Tire cord fabrics
Note: Must be integrated with weaving and dipping units.
5. Ramie (degumed, staple fiber, combed tops, noils, and silvers)
6. Fish nets
B. Fertilizers (organic and inorganic)
IV . CONSUMER MANUFACTURES
A. Rubber Products such as:
1. High pressure and hydraulic rubber hoses
2. Rubber bolts
3. Industrial rubber rollers
4. Rubber tires
B. Leather Products
V . INFRASTRUCTURE AND SERVICES
A. Public Utilities (With developmental route of the four provinces of the ARMM and other adjacent Cities and Provinces)
1. Common Carrier (land, air and water transport facilities)
2. Electric Transmission/distribution
3. Water Supply Facilities
4. Buses
B. Tourism
1. Tourism Estates
— Subject to guidelines developed jointly by the BOI-ARMM and
Department of Tourism (DOT)
2. Tourist Accommodation Facilities
a. Hotels
b. Resorts
c. Other tourist accommodation facilities such as apartels, pension houses, tourist inns, and others.
3. Tourist Transport Facilities
a) Air
b) Water
c) Tourist Buses and taxi/van
Note: * Endorsed by the DOT
** New and expansion projects may be registered
C. Industrial Service Facilities
This will cover the following activities:
1. Common Centers:
a) Testing and Quality Control Laboratories
b) Training and Demonstration Centers
c) Tool Shops and Similar Facilities
d) Metal Working
* Electroplating
* Foundry
* Forging
* Machining
* Heat Treatment
e) Furniture
* Kiln Drying
* Treatment and processing facilities
f) Ceramics
* Kiln
* Glazing
g) Food Processing
* Bottling and Canning
* Vapor Heat Treatment
* Slaughterhouse/Abattoir
h) Automotive Battery Plate Manufacturing
i) Tire Recapping
Note: The following criteria must be met:
* The project will serve the common needs of the industry in the locality and;
* The project will improve the relative status and comparative advantages of the industry
2. Development of Retirement Villages
a. Shall include Health and Medical facilities including amenities required by the Philippine Retirement Authority (PRA).
b. Subject to the guidelines to be approved by BOI-ARMM in consultation with the PRA, the Department of Health (DOH), the Regional Planning and Development Office (RPDO) and other concerned agencies.
c. Pipeline Bulk Transport System for Petroleum and Natural Gases and Liquids and Coal Slurry (Underwater and Underground)
VI. ENGINEERING INDUSTRIES
A. Engineering Products
1) Motor Vehicle parts and components
2) Automobile parts and assembly
3) Modern offset printing
B. Electronics and Telecommunications Products
VII. ARMM PRIORITY AND TOURISM AREAS
NOTE: Listed below are potential tourist destinations which need further exploration and evaluation for intensified promotions, development and marketing.
NUCLEUS | GATEWAY | SATELLITE DESTINATION |
AREA I - SULU | JOLO | SULU PROVINCE |
AREA II - TAWI-TAWI | BONGAO | TAWI-TAWI PROVINCE |
AREA III - LANAO DEL SUR | MARAWI CITY | LANAO DEL SUR PROVINCE |
AREA IV - MAGUINDANAO | COTABATO CITY | MAGUINDANAO PROVINCE |
CLARIFICATORY NOTES TO MODERNIZATION
PROGRAMS IN THE 1997 IPP
GENERAL POLICIES
1. Non-pioneer status.
2. In general, must be completed in 2 years. Completion shall be reckoned from date of registration with the Board.
3. For existing projects located in NCR, modernization shall be exempted from the industrial location policy.
4. May avail of Income Tax Holiday (ITH) for 3 years which shall be applied to the incremental income resulting from the increase in capacity due to modernization.
5. Modernization to be registrable may or may not result to increase in capacity but the following conditions should be met:
a) area must be listed in the IPP specifically for modernization or rehabilitation;
b) phases/stages of production sought to be modernized/rehabilitated must be identified; and
c) must result in any of the following:
• substantial reduction of production cost; or
• significant increase in productive efficiency including debottlenecking; or
• meaningful upgrading of product quality; or,
• keeping abreast with the state-of-the-art in the production of registered product.
[Section 1(ff), Rules and Regulations to Implement Exec. Order No. 226, Otherwise known as the Omnibus Investments Code of 1987].
SPECIFIC POLICIES
Modernization, in general, is limited to the coverage of each area listed in the IPP where such modernization activity is allowed.
Preferred Economic Activity | Guidelines | |||
1. | Export-Oriented Industries | — | Subject to general modernization policies. | |
2. | Processed Foods | — | Subject to general modernization policies. | |
3. | Pulp and Paper | — | Subject to general modernization policies. | |
4. | Textiles | — | Subject to general modernization policies. | |
5. | Chemical Products | — | Subject to general modernization policies. | |
6. | Sugarcane Plantation/Sugar Mills/ | — | For sugar plantations, modernization must | |
Sugar Refineries | be completed in two (2) years. | |||
— | For sugar mills and sugar refineries, | |||
modernization must be completed within | ||||
three (3) years. | ||||
7. | Machinery and Equipment and/or their | — | Subject to general modernization policies. | |
Parts and Components | ||||
— | For radio and television, modernization | |||
may be allowed provided 50% of the | ||||
incremental volume shall be exported. | ||||
8. | Coconut Plantation and Coco Oil | — | Modernization only for coconut oil mills | |
Mills/Refineries | and coconut oil refineries. | |||
— | For coconut oil mills, registration may be | |||
allowed provided it is integrated with | ||||
coconut oil refineries. | ||||
9. | Fishery Production | — | Modernization is allowed only in deep- | |
sea fishing. | ||||
10. | Infrastructure | — | Modernization is allowed for registration | |
in activities such as rail-based projects, | ||||
ports and airport. | ||||
— | For power projects, modernization may | |||
be allowed provided completion is | ||||
undertaken: | ||||
a) | For three (3) years, provided | |||
generating capacity of the power plant | ||||
is 100MW and above; | ||||
b) | For two (2) years, for generating | |||
capacity below 100MW. | ||||
11. | Common Carriers | — | Modernization of PUBs, including those | |
in Metro Manila, that involves refleeting, | ||||
is allowed under the following conditions: | ||||
a) | brand-new buses shall be acquired; | |||
b) | refleeting is within the coverage of | |||
existing franchises (i.e., as to the | ||||
number of units); | ||||
c) | substituted old units should not be | |||
used for public conveyance in any | ||||
form; and, | ||||
d) | submission of a scheduled system per | |||
bus trip. | ||||
— | For inter-island shipping, this shall be | |||
subject to the general policies on | ||||
modernization. | ||||
12. | Agricultural Services Related to | — | Modernization is allowed for: | |
Crops, Livestock, Fish Production | a) | slaughterhouses/dressing plants; and, | ||
and Post-Harvest Facilities | b) | cold storages | ||
— | Above activities are subject to the general | |||
policies on modernization. | ||||
13. | Environmental/Ecological Support | — | Subject to general modernization policies. | |
Facilities | ||||
14. | Motor Vehicle Parts and Components | — | Subject to general modernization policies. | |
15. | Social Services | — | Modernization of health facilities is | |
allowed and subject to general | ||||
modernization policies. | ||||
16. | Tourism | — | Modernization of tourist accommodation | |
facilities is allowed. | ||||
a) | For facilities in Metro Manila, capital | |||
equipment incentives only are allowed; | ||||
b) | For facilities outside Metro Manila, | |||
modernization shall entitle enterprises | ||||
to full incentives to modernization | ||||
projects. | ||||
— | Subject to general modernization policies. | |||
17. | Mineral Resources | — | Modernization projects must be | |
completed within three (3) years. | ||||
18. | Iron and Steel | — | Subject to general modernization policies. | |
19. | BOT Projects | — | Subject to general modernization policies. | |
* | With modernization program |