EXECUTIVE ORDER NO. 136
EXECUTIVE ORDER NO. 136 -
ESTABLISHING THE COUNCIL FOR INVESTMENTS IN TRADE, INDUSTRY, TOURISM,
AGRICULTURE, NATURAL RESOURCES, TRANSPORTATION, COMMUNICATIONS AND
SERVICES AND FOR OTHER PURPOSES
WHEREAS,
to improve the businessman’s/investor’s perception of the Philippines
as an attractive, viable and practical investment option and to
encourage investments, there is a need to establish a Council which
will promote, coordinate, and facilitate investment development efforts
of the government.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do
hereby order:
Section 1. Council for Investments in Trade, Tourism,
Agriculture, Natural Resources, Transportation, Communications and
Services. — There is hereby created a Council for Investments in Trade,
Industry, Tourism, Agriculture, Natural Resources, Transportation,
Communications and Services hereinafter referred to as the “Council”.
The
Council shall be composed of:
(a) The
Secretary of Trade and Industry Chairman
(b) The
Secretary of Finance Member
(c) The
Secretary of
Tourism
Member
(d) The
Secretary of Agriculture & Food Member
(e) The
Secretary of Natural Resources
Member
(f) The
Secretary of Transportation
and Communications Member
(g) The
Governor, Central Bank
of the
Philippines
Member
(h) The Assistant
Secretary of Foreign
Affairs for Overseas Economic
Promotion
Member
(i) Two
representatives from the private
sector who shall be appointed by the
President
to serve for a term of
two
years
Member
In the absence of an ex-officio member of the Council, he shall be
represented by a duly authorized official in his Office or Department.
The Council shall be organized and hold its first meeting within thirty
(30) days from the promulgation of this Executive Order.
Sec. 2. Powers and Functions of the Council. — The
Council shall have the following powers and functions:
a.
To coordinate investment development efforts of the
Government;
b. To promote
the country as an attractive investment area in identified sectors;
c. To
maintain close contact and liaison with government offices or agencies
concerned with investments. For this purpose, the Council is empowered
to require the full detail of representatives from government agencies
concerned with investments in trade, tourism, agriculture, natural
resources, transportation, communications, and services to the
“Investment One Step Action Center” created herein. Such
Representatives shall be empowered to receive, process, act on and sign
the pertinent applications and clearances for their respective
offices/agencies;
d. To act as
a one step action center for foreign and local investors with authority
to act on any problems concerning the setting up of business or making
of investments in the Philippines;
e. To
establish an effective system for disseminating information, both
locally and abroad, on Philippine investment prospects and
opportunities;
f. To submit
annual reports to the President of the Philippines regarding the
activities of the Council;
g. To
recommend the modification/amendments of existing legislation and
procedures to remove disincentives for investments both local and
foreign.
Sec. 3. Meetings, Quorum and Secretariat. — The
Council shall meet once a month on a date and at a place to be
determined by the members. The presence of six (6) members shall
constitute a quorum for the doing of business.
The Board of Investments shall act as the Secretariat of the Council.
Sec. 4. Honoraria and Allowances. — The Council
may in its discretion provide for honoraria and allowances for council
members and its personnel subject to existing rules and
regulations.
Sec. 5. Investment One Step Action Center. — There
is hereby created as part of the Council an “Investment One Step Action
Center” which shall be established in the Board of Investments.
a.
Powers and Functions of the Investment One Step
Action Center. — The Investment One Step Action Center shall have the
following powers and functions:
1.
To provide assistance to local and foreign
investors, including trade and economic foreign missions, by providing
information, advice and guidance on pertinent laws and procedures
relative to the foreign and local investments and the doing of business
in the Philippines.
2. To accept
and act on applications for investments in the Philippines. For this
purpose, applications and other documents such as but not limited to
the following may be filed and acted upon by it:
aa.
Articles of Incorporation;
bb. Business
Name;
cc. Doing
Business with or without incentives;
dd. Special
Investor Resident’s Visa which need not to be filed in the investor’s
country, and
ee.
Employment of foreign nationals.
b.
Center Representatives. — The ex-officio members of
the Council shall, within fifteen (15) days from the effectivity
hereof, detail representatives of appropriate rank of the Investment
One Step Action Center with authority to give information assistance as
well as act on the applications submitted to the Investment One Step
Action Center. In addition, the Council shall require the detail of
representatives of other government offices concerned with the entry of
foreign investments and doing business in the Philippines with the same
authority as the above.
Whenever more detailed
evaluation of documents and papers submitted to the Investment One Step
Action Center are necessary, the Investment One Step Action Center
representatives shall be responsible for monitoring the status of such
documents and papers and ensuring that they are returned to the
Investment One Step Action Center and the Applicant in the shortest
time possible.
c. Priority.
— All government offices represented shall ensure that priority of
action is given to documents and papers referred to them by the Center.
Sec. 6. Support Centers. — There are hereby
created as part of the Council an Investment Information Center and
Investment Promotion Center to support the requirements of the
Investment One Step Action Center.
Sec. 7. Appropriations. — To carry out the
provisions of this Executive Order, the Council shall submit the
supplemental budget to the Ministry of Budget and Management which
shall set aside the amount of Four Million Pesos for its organizational
expenses and the amount necessary to cover its current operational
expenses from any fund in the National Treasury not otherwise
appropriate. Thereafter, appropriations for the Council shall be
included in the annual budget of the Board of Investments.
Sec. 8. Rules and Regulations. — The Council shall
promulgate the rules and regulations to implement the provisions of
this Executive Order. Such rules and regulations shall take effect
fifteen (15) days after their publication in a newspaper of general
circulation.
Sec. 9. Separability Clause. — In the event that
the provisions of this Executive Order are hereby declared to be
separable and in the event any provision or part thereof is declared
unconstitutional the other provisions or part thereof which are not
affected thereby shall remain in full force and effect.
Sec. 10. Repealing Clause. — The provisions of
Executive Order No. 845 and all other laws, orders, issuances, rules
and regulations or parts thereof inconsistent with this Executive Order
are hereby repealed or modified accordingly.
Sec. 11. Effectivity. — This Executive Order
shall take effect immediately.
Done in the City of Manila,
this 27th day of February in the year of Our Lord, nineteen hundred and
eighty-seven.
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Since 19.07.98.