Cross Sector

Area Of Concern Recommendation Status Action Taken
Enactment of a national fair competition law Passing of Fair Competition Act Implemented Lobbied for the current administration to approve the bill Details
Opening up for FDIs Clear Definition of Public Utility On-going We continue to actively lobby for an opinion by the Department of Justice on what is and what is not a public utility Details
Opening up for FDIs Revision of the FINL Not Applicable The 10th FINL, which replaces the 9th FINL was promulgated on May 29th , by Executive Order No. 184, s.2015. Unfortunately, the 10th FINL continues to restrict foreign investment by maintaining restrictions on foreign ownership in all areas included in the 9th FINL. With the exception of pharmacy, radiologic and x-ray technology, criminology, forestry and law all professions were removed to a footnote, subject to reciprocity. Details
Opening up for FDIs Economic amendments to the Constitution On-going We continue to seek clear instructions by SC and SEC on when the control test or the grandfather test are used to determine the nationality of a corporation. Details
Opening up for FDIs Clear instructions on control test vs. grandfather test On-going We continue to seek clear instructions by SC and SEC on when the control test or the grandfather test are used to determine the nationality of a corporation. Details
Enactment of a national fair competition law Enactment of an effective fair competition law On-going The Philippine Competition Act was ratified by both Houses of Congress in early June and awaits approval from the President, to be enacted into law. Details
Public procurement law reform Amendments to the Government Procurement Reform Act On-going Details
Public procurement law reform Philippine Participation in the WTO GPA On-going As a member of the WTO we strongly support that the Philippines becomes a participant of the WTO Agreement on Government Procurement, initially as an observer. Details
Public procurement law reform Increased transparency in the procurement process On-going We continue to actively advocacy for increased transparency at all levels of government to improve procurement processes and consequently national infrastructure development. Details
Public procurement law reform Publication of the reciprocity list by GPPB, inclusion of EU Member States Not Applicable On December 16th 2014, the GPPB issued Resolution No. 34-2014 amending Section 23.5.1.2(b) of the IRR of RA 9184 and Section 7.2 of the Guidelines by removing reference to Annex "I". With this, the submission by the foreign bidder of a certification from the relevant government office of their country stating that Filipinos are allowed to participate in their government procurement for the same item/ product by the foreign bidder claiming eligibility is sufficient compliance to declare the bidder eligible. Details
Rationalization of fiscal incentives Non-removal of the provision for income tax holidays On-going Details
Rationalization of fiscal incentives Improved future fiscal incentives regime On-going Details
Rationalization of fiscal incentives 15% corporate income tax for 15 years as an additional option, not a replacement to current fiscal incentives On-going Details
Customs modernization and anti-smuggling Enactment of a robust Customs Modernization and Tariff Act On-going We continue to closely monitor deliberations in both Houses of Congress on this priority bill. Details
Customs modernization and anti-smuggling Integration of the CMTA bill and an-anti smuggling measure into one bill On-going The bill filed in the House of Representatives has already integrated anti-smuggling measures, we continue to monitor deliberations and actively advocate to ensure that any bill approved by both Houses of Congress includes the suggested provisions. Details
Promoting integrity in the public and private sectors Enactment of HB 5298 which ammends the Anti-Graft and Corrupt Practices Act On-going Details
Promoting integrity in the public and private sectors Passage of a Freedom of Information Act On-going Details
Justice reform Enactment of a Whistleblower Act and strengthening of the Witness Protection Law On-going Details
Justice reform Operational-level improvements to the judicial system On-going Details
Justice reform Increased budget allocations to judicial instruments On-going Details
Justice reform Implementation and enforcement of anti-corruption measures On-going Details
Justice reform Consistency between local ordinances and national policies On-going Details
Justice reform Creation of an inventory of laws On-going Details
Protection and enforcement of intellectual property rights Creation of specialized IPR courts On-going Details
Protection and enforcement of intellectual property rights Implementation of a sui generis or specific GI legal protection framework On-going Details
Proposed amendments to the Local Government Code of 1991 Clarification of prevalence of national policies On-going This advocacy was included in a position paper submitted to the team working on the amendments to the Local Government Code of 1991. We continue to follow up, but the amendments are yet to be made public. Details
Proposed amendments to the Local Government Code of 1991 Introduction of a lower single tax rate On-going This advocacy was included in a position paper submitted to the team working on the amendments to the Local Government Code of 1991. We continue to follow up, but the amendments are yet to be made public. Details
Proposed amendments to the Local Government Code of 1991 Clear framework for allocation of revenues from PEZA companies On-going This advocacy was included in a position paper submitted to the team working on the amendments to the Local Government Code of 1991. We continue to follow up, but the amendments are yet to be made public. Details
Proposed amendments to the Local Government Code of 1991 Introduction of an administrative mechanism for appeal of tax assessments On-going This advocacy was included in a position paper submitted to the team working on the amendments to the Local Government Code of 1991. We continue to follow up, but the amendments are yet to be made public. Details

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