Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 1 - Jan/Feb/Mar 2023
 

Green Lanes for Strategic Investments Established to Facilitate Ease of Doing Business in the Philippines

On 23 February 2023, Executive Secretary Lucas P. Bersamin, on behalf of the President, signed Executive Order No. 18 ("EO No. 18"), titled "Constituting Green Lanes for Strategic Investments". EO No. 18 aims to expedite the process of securing necessary licences and permits for Strategic Investments through the creation of Green Lanes.


Under EO No. 18, Strategic Investments are defined as those which are aligned with the Philippine Development Plan or any similar national development plan, and can be characterised by (i) significant capital or investment to the country; (ii) consequential economic impact; (iii) positive impact on the environment; (iv) significant contribution to the country’s balance of payments; (v) with complex technical processes and engineering designs; and (vi) will bring about improvement in the country’s infrastructure capabilities. These Strategic Investments are classified into three categories:


  1. Highly Desirable Projects;
  2. Foreign Direct Investments; and
  3. Projects or Activities under the Strategic Investment Priority Plan (SIPP).

EO 18 mandates all national government agencies and their regional and provincial offices, government-owned-or-controlled corporations, government instrumentalities, and local government units involved in the issuance of permits, licences, certifications, or authorisations covering Strategic Investments to establish Green Lanes to expedite the processes and streamline the requirements for the issuance of permits and licences. It also mandates the establishment of a One-Stop-Action-Center for Strategic Investments ("OSAC-SI"), which shall serve as the single point of entry for all projects qualified as strategic investments. OSAC-SI shall identify and endorse Strategic Investments to the appropriate Green Lanes, and shall include aftercare or post-investment assistance as part of its services.


Should a government agency fail to process an application within the prescribed periods, the application shall be deemed approved under Section 10 of the Anti-Red Tape Act of 2007. The Department of Trade and Industry or the Board of Investments may likewise endorse unresolved applications for permits and licences to the Anti-Red Tape Authority upon the lapse of the original or extended period for processing.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Gatmaytan Yap Patacsil Gutierrez
& Protacio (C&G Law)
30/F 88 Corporate Center
Sedeño cor. Valero Streets
Salcedo Village, Makati City 1227
Philippines
http://www.cagatlaw.com


Contacts:

Ben Dominic R Yap
Managing Partner
D +632 8894 0377
F +632 8552 1978
bdryap@cagatlaw.com

Jaime Renato B Gatmaytan
Partner
D +632 8894 0377
F +632 8552 1978
jrbgatmaytan@cagatlaw.com

Norma Margarita B Patacsil
Partner
D +632 8894 0377
F +632 8552 1978
nmbpatacsil@cagatlaw.com

Anthony Mark A Gutierrez
Partner
D +632 8894 0377
F +632 8552 1978
amgutierrez@cagatlaw.com

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