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www.greenergyph.com
RUTHP.BRIONES
Chairman/Chief Executive Officer
Greenergy Solutions Inc.
Regulatory Supports
For Renewable Energy
Investments In The
Philippines
The legal basis …
www.greenergyph.com
BASIC LEGAL FRAMEWORK: Foreign investments
in the Philippines are basically governed by
the following laws, rules, regulations and other
government issuances
 
www.greenergyph.com
BASIC LEGAL FRAMEWORK: Foreign investments in the
Philippines are basically governed by the following laws,
rules, regulations and other government issuances:
 
www.greenergyph.com
POLICY ON COMPETITION AND
ON
EXPROPRIATION OF PRIVATE
PROPERTY
www.greenergyph.com
Foreign Borrowings
www.greenergyph.com
Foreign Borrowings
[2]  Private Sector Loans - The
approval of and registration
with BSP of the private sector
loans are required under the
following circumstances:
www.greenergyph.com
Except for the foregoing types of
loans, other categories of private
sector loans are not subject to
prior approval by the BSP.
Registration with BSP, however,
is still required in order to
purchase foreign exchange from
the banking system to service the
loan. The following may be cited:
www.greenergyph.com
www.greenergyph.com
Short-term loans of 
private sector
borrowers from
FCDUs such as those
incurred, as…
www.greenergyph.com
Any investment proposal shall comply with certain requirements of the law. 
More specifically, the following conditions apply:
[1]  Merger - must comply with the legal requirements under the Corporation
Code of the Philippines;
[2]  Acquisition - must comply with Section 40 of the Corporation Code and
subject to the restrictions regarding foreign equity ownership under the 1987
Constitution.
[3]  Real Estate/Land - the foreign equity is up to forty percent [40%] only.
4]  Management Contract - must comply with Section 44 of the Corporation Code.
[5]  Joint Venture -  may be entered into without legal restriction on registration
unless the parties thereto form another business organization requiring
registration such as a corporation or partnership.
[6]  Greenfield Investments - must comply with the requirements under the
Corporation Code.
[7]  Agriculture - there is no limitation if private land is used for this purpose. 
However, foreign equity is required up to forty percent [40%] in case of public
land.
[8] Infrastructure - allowed but subject to the provisions of the Build-Operate-
Transfer [BOT] Law and Presidential Decree No. 1594.
Investments
And Approval
www.greenergyph.com
ENTRY OF NON-RESIDENT PERSONNEL
For non-resident personnel of
foreign firms, the entry visa
requirements and description
of the nature of the entry
restriction are as follows:
www.greenergyph.com
www.greenergyph.com
ENTRY OF NON-
RESIDENT PERSONNEL
www.greenergyph.com
Entry of Non-Resident Personnel
www.greenergyph.com
Entry of Non-Resident Personnel
www.greenergyph.com
RESTRICTIONS ON
EMPLOYMENT OF
FOREIGN TECHNICAL
OR MANAGERIAL
PERSONNEL AND
ACCOMPANYING
FAMILY MEMBERS
www.greenergyph.com
Restrictions on
skills
requirement:
www.greenergyph.com
Restrictions on skills requirement for the foreign workers
www.greenergyph.com
TAXATION LAW
ON
FOREIGN
INVESTMENTS:
Corporate and
similar entities.
www.greenergyph.com
TAXATION LAW
ON
FOREIGN INVESTMENTS:
www.greenergyph.com
TAXATION LAW
ON
FOREIGN INVESTMENTS:
www.greenergyph.com
Income Tax
Holiday
FISCAL INCENTIVES Omnibus Investments Codeof 1987
www.greenergyph.com
FISCAL INCENTIVES – Omnibus Code of 1987
 Income Tax Holiday
 These exemptions
periods may be
extended for
another year under
the following
conditions
www.greenergyph.com
FISCAL INCENTIVES TO FOREIGN
INVESTMENTS
Tax credits
on domestic
capital
equipment.
www.greenergyph.com
Tax and duty-free importation of capital
equipment.
www.greenergyph.com
FISCAL INCENTIVES TO FOREIGN
INVESTMENTS
Additional
deduction for
laborexpense.
www.greenergyph.com
.
FISCAL INCENTIVES TO FOREIGN
INVESTMENTS
Employme
nt Of
Foreign
Nationals
www.greenergyph.com
INTELLECTUAL
PROPERTY RIGHTS
PROTECTION
www.greenergyph.com
INTERNATIONAL INVESTMENT
AGREEMENTS
[PHILIPPINES, A PARTY-SIGNATORY]
The following is a rundown
of international
agreements [in force and
in effect] to which the
Philippines is a party-
signatory, which are of
commercial or economic
nature and significance:
 Friendship Commerce and
Navigation Treaty
www.greenergyph.com
Bilateral
Investme
nt
Treaties
www.greenergyph.com
INTERNATIONAL INVESTMENT AGREEMENTS
[PHILIPPINES, A PARTY-SIGNATORY]
All these
mentioned
treaties
commonly
embody the
following basic
tenets:
www.greenergyph.com
Advantages of Foreign
Investments in the
Renewable Energy Law
www.greenergyph.com
Advantages of Foreign Investments in the
Renewable Energy Law
www.greenergyph.com
Openness to Foreign Investments
www.greenergyph.com
www.greenergyph.com
www.greenergyph.com
PHILIPPINE ENERGY SECTOR GOALS FOR 2010, under the Philippine Energy
Plan (PEP) and The Energy Sector Agenda for 2005-2013
Energy Sector Goals for
2010
www.greenergyph.com
The Energy Sector
Agenda for 2005-
2013
www.greenergyph.com
What is the potential for renewable
energy in the Philippines?
www.greenergyph.com
The Renewable Energy law , Republic Act No.9513
www.greenergyph.com
The Pertinent Provisions of the Renewable Energy Law…
www.greenergyph.com
The Green Energy Market
www.greenergyph.com
The Green Energy Option
www.greenergyph.com
www.greenergyph.com
Incentives for Renewable Energy Projects
www.greenergyph.com
Incentives for Renewable Energy Projects
www.greenergyph.com
Incentives for Renewable Energy Projects
www.greenergyph.com
Zero Percent Value-Added Tax Rate
www.greenergyph.com
Zero Percent Value-Added Tax Rate
www.greenergyph.com
Incentives for Renewable Energy
Projects
www.greenergyph.com
www.greenergyph.com
Incentives for Renewable Energy
Projects
www.greenergyph.com
Hybrid and Cogeneration Systems
www.greenergyph.com
Incentives for RE Commercialization -
www.greenergyph.com
TaxandDuty-freeImportationof Components, Parts and
Materials
www.greenergyph.com
Incentives for RE Commercialization
www.greenergyph.com
Tax Rebate forPurchase of RE
Components
www.greenergyph.com
The Biofuel Act. SEC. 5. Mandatory Use of Biofuel. - Pursuant to the above policy, it is
hereby mandated that all liquid fuels for motors and engine sold in the Philippines shall
contain locally-sourced biofuels components as follows:
www.greenergyph.com
The Biofuel Act. SEC. 5. Mandatory Use of Biofuel. - Pursuant to the above policy, it is hereby mandated that all
liquid fuels for motors and engine sold in the Philippines shall contain locally-sourced biofuels components as
follows:
www.greenergyph.com
Incentive Scheme-
Biofuel Act
Incentive Scheme. - To encourage
investments in the production,
distribution and use of locally-
produced biofuel at and above
the minimum mandated
blends, and without
prejudice to enjoying
applicable incentives and
benefits under existing laws,
rules and regulations, the
following additional incentives
are hereby provided under this
Act.
 
www.greenergyph.com
Incentive Scheme- Biofuel
Act
www.greenergyph.com
The Feed –In-Tariff Rules(Section 7,
Republic Act No. 9513) ERC
Res.No.16,Series of 2010.
www.greenergyph.com
www.greenergyph.com
For more information, please contact:
www.greenergyph.com

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Regulatory supports for foreign investments of renewable energy112 r