NextGen Day

In order to encourage greater foreign investment, President Ferdinand R. Marcos Jr. issued an executive order (EO) creating a “green lane” for strategic investments in government facilities.

The government-owned or -controlled corporations (GOCCs) and other government instrumentalities, as well as local government units (LGUs), are all covered by EO 18, which was signed by Marcos on February 23. These entities are involved in the issuance of permits, licenses, certifications, or authorizations for strategic investments.

The EO defines strategic investments as those that are in line with the Philippine Development Plan or any national development plan of a comparable nature.

Strategic investments, according to EO 18, are those that “can be characterized by the significant capital or investment to the country; consequential economic impact; positive impact on the environment; significant contribution to the country’s balance of payments; with complex technical processes and engineering designs; and will improve the country’s infrastructure capabilities.”

Strategic investments are defined by the new EO as highly desirable projects, foreign direct investments, and initiatives covered by the Strategic Investment Priorities Plan.

The Department of Trade and Industry-Board of Investments (DTI-BOI) is mandated to create a One-Stop-Action-Center for Strategic Investments (OSAC-SI) within six months of the issuance of the EO. This center will act as the single point of entry for all projects that qualify as strategic investments.

“The concerned NGAs shall construct or designate, as applicable, a Green Lane within their offices for the purpose of speeding and streamlining the processes and requirements for the issue of permits and licenses of Strategic Investments authorized by the OSAC-SI,” according to EO 18.

Based on the EO, the relevant NGA or LGU is required to permit electronic application submission, and all other cities and municipalities are required to support the computerization of their respective business permit and licensing systems.

The EO mandates that technical assistance be given to the DTI, the Department of Information and Communications Technology (DICT), and the Department of the Interior and Local Government (DILG) in the development and implementation of a computerized or software-enabled business permit and licensing system.

Upon receipt of the entire application, the processing time for the issue of a permit or license should not exceed three working days for simple transactions, seven working days for complex transactions, and 20 working days for highly technical transactions.

A denial of such an application must be made in writing within the same required time period, and the processing period may only be extended once for the same number of days.

The NGA or LGU should issue the requested permit or license once the initial or extended period has passed; otherwise, the DTI-BOI would recommend the case to the Anti-Red Tape Authority (ARTA).

“The OSAC-SI shall address investor concerns beginning with the identification and designation of an investment as Strategic Investment under this Order and endorsement of the same to concerned NGAs, LGUs, and/or quasi-judicial bodies for processing of permits and licenses, and monitoring and reporting of actions taken thereunder. Aftercare or post-investment help shall be a component of the OSAC services, SI’s it was added.

The DTI-BOI is required to create and maintain an investor manual, guidebook, or its equivalent within three months of the issuance of EO 18, which includes a list of government requirements for the establishment of strategic investments by sector and the NGAs, LGUs, or quasi-judicial bodies issuing pertinent permits and licenses.

In collaboration with the Department of Budget and Management, the DTI-BOI will receive funding for additional staff, including the appointment of Account Officers for Strategic Investments, as well as the equipment required to operationalize the OSAC-SI.

In order to ensure the EO’s implementation, EO 18 also directs the formation of a Technical Working Group (TWG), which would be led by the DTI-BOI.

The DTI, DILG, ARTA, the Department of Finance, and the National Economic and Development Authority are some of the member agencies of the TWG.

EO 18, which was made public on Friday, becomes operative as soon as it is published in the Official Gazette or a newspaper with wide distribution.

The most recent action was a part of the Marcos administration’s commitment to promoting ease of doing business in the Philippines and elevating the nation’s attractiveness to foreign direct investment in comparison to other Southeast Asian countries.

“It is necessary to adopt measures that would speed transactions with the government,” EO 18 stated. “Consistent with the Eight-Point Agenda of the Administration, and as part of the continued efforts to implement ease of doing business reforms.”

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