Professional Documents
Culture Documents
Contents
Memorandum Order No. 314 3
Message 4
Foreword 5
Annex A
Projects Not Qualified Under the Contingency List and
MSE Projects 58
Pursuant to Article 29 of the Omnibus Investment Code of 1987, the attached 2010 Investment
Priorities Plan (IPP) is hereby APPROVED. Further to the provision of said Article, upon the
affectivity of the IPP, all government agencies and entities are enjoined not to adopt any policy or
take any course of action contrary to or inconsistent with the IPP.
This Memorandum Order shall take effect fifteen (15) days after its publication in a national
newspaper of general circulation as required under Article 31 of the Omnibus Investments Code
of 1987.
DONE in the City of Manila, this 30th of April, in the year of Our Lord, Two Thousand and Ten.
By the President:
LEANDRO R. MENDOZA
Executive Secretary
Note: Memorandum Order No. 314, approving the 2010 Investment Priorities Plan, was published on 21 May 2010 in
Philippine Star. Said Order therefore became effective fifteen (15) days thereafter.
MALACAÑANG
M
MANILA
ESSAGE
In pursuit of sustainable development, reforms have been
the central pillar of my administration as espoused in my
10-Point Agenda, the Medium Term Philippine Development
Plan and in my vision of a Strong Republic.
The future for the Philippine economy is brighter. I am optimistic and hopeful that
with the country’s internal strength and resilience, which we have built up through
investments in our country and sound economic policies, we can continue to march
towards sustainable growth and bring the benefits of economic progress to every
Filipino.
F OREWORD
The Philippine economy has remained resilient in the midst of the global economic crisis
that swept through the countries in East Asia including China and Japan extending to the
US and Europe. The economic reforms implemented through the years of the Arroyo
Administration have paved the way for a strong Philippines poised to take advantage of
the opportunities from the global economic recovery.
The 2010 Investment Priorities Plan (IPP) provides a platform to maximize these
opportunities as well as the benefits from the implementation of our free trade
agreements. Recognizing, however, that the effects of the global economic crisis still
linger and upon recommendation of the National Economic Development Authority
(NEDA), we have retained the Contingency List, which is a temporary inclusion
in the 2010 IPP to assist existing enterprises recover from global crisis aftermath and
which also covers new projects of micro and small enterprises.
Further, the 2010 IPP promotes a sustainable economic model that allows for growth, job
creation and environmental protection. Embracing an approach that is both green and
economically successful, we provide support to private sector initiatives on greenhouse
gas emissions reduction and disaster risk management.
The 2010 IPP has identified the priority areas that can provide the greatest push for the
country to attract more investments and generate more jobs. In this regard, the 2010
IPP likewise contains the following priority investment areas:
The Regular List, which includes nine (9) priority investment areas that were identified
to support the current priority programs of the government.
The Export Activities, which covers manufacture of export products, export services
and activities in support of exporters.
The Mandatory List, which now includes the recently passed R.A. No. 9593 or the
Tourism Act of 2009, covers all areas/activities where the inclusion in the IPP and/or the
grant of incentives under EO 226 is mandated by law.
The ARMM List, which covers priority investment areas that have been determined by
the Regional Board of Investments of the Autonomous Region of Muslim Mindanao
(RBOI-ARMM) in accordance with EO 458. The economic activities listed in the ARMM
shall be entitled to incentives provided that the said activities are undertaken in the
ARMM region.
The 2010 IPP was formulated through the concerted efforts of the IPP Inter-Agency
Working Group spearheaded by the Board of Investments, in coordination with the
Regional Board of Investments - Autonomous Region of Muslim Mindanao (BOI-ARMM),
the Office of the President - Presidential Management Staff, NEDA and the Departments
of Finance, Agriculture, Energy, Environmental and Natural Resources, Health, Labor
and Employment, Public Works and Highways, Social Welfare and Development, Science
and Technology, Tourism, and Transportation and Communications.
Other participating agencies were Built Operate Transfer (BOT) Center, Bureau of
Customs (BOC), Bureau of Export Trade Promotion (BETP), Bureau of Micro, Small
and Medium Enterprise Development (BMSMED), Bureau of Product Standards
(BPS), Civil Aeronautics Board (CAB), Civil Aviation Authority of the Philippines
(CAAP), Commission on Information and Communications Technology (CICT),
Construction Industry Authority of the Philippines (CIAP), Development Academy
of the Philippines (DAP), Fiber Industry Development Authority (FIDA), Housing and
Land Regulatory Board (HLURB), Intellectual Property Office (IPO), Maritime Industry
Authority (MARINA), National Book Development Board (NBDB), National Housing
Authority (NHA), National Power Corporation (NPC), National Telecommunications
Commission (NTC), Philippine Economic Zone Authority (PEZA), Philippine Ports
Authority, Philippine Retirement Authority (PRA), Small Business Guarantee and Finance
Corporation (SBGFC), Technical Education and Skills Development Authority (TESDA)
and the DTI-Regional Operations Group.
Private sector inputs were likewise obtained through well-attended simultaneous public
hearings in Manila, Cebu and Davao on 15 February 2010.
With unity and cooperation among all sectors of the economy, we shall be “Maximizing
Opportunities of a Stronger Philippine Economy”!
PETER B. FAVILA
Chairman, Board of Investments
Secretary, Department of Trade and Industry
PART I
PRIORITY INVESTMENT AREAS
Part I
The coverage, description and entitlement to incentives of the following listed activities shall be
defined and clarified in the General Policies and Specific Guidelines to be issued by the Board of
Investments (BOI).
The grant of incentives under the 2010 IPP is subject to Article 7, paragraph 3 of EO 226, to wit:
(3) Process and approve applications for registration with the Board, imposing such terms and
conditions as it may deem necessary to promote the objectives of this Code, including refund of
incentives when appropriate, restricting availment of certain incentives not needed by the project
in the determination of the Board x x x .”
I. PREFERRED ACTIVITIES
A. Contingency list
This covers existing projects and/or activities affected by the global economic crisis
that will at least retain investments and either maintain current number of workers,
reinstate laid-off workers to equal their pre-crisis number, or increase current number
of workers.
This also covers new projects of micro and small enterprises pursuant to R.A. 9501.
The projects enumerated in Annex “A” are not qualified under this listing.
NOTE: The Contingency List is a temporary inclusion in the IPP to enable existing
enterprises to recover from the effects of the global crisis and will be delisted upon
an official pronouncement by the National Economic Development Authority (NEDA)
that the crisis no longer exists.
B. Regular List
This covers production and processing of agricultural and fishery products (including
their by-products and wastes), biofuels, feeds, and fertilizers.
2. Infrastructure
This covers transport (air, water and mass rail transport), water (water supply and/
or distribution), logistics, energy (power generation projects, projects/activities under
the PSALM privatization plan, power generation projects located in missionary areas,
and rehabilitation of power plants), waste management facilities, mass housing, physical
infrastructure, pipeline projects for oil and gas, and projects under the Build-Operate-
Transfer (BOT) Law.
3. Manufactured Products
This covers shipbuilding, and manufacture of machinery and equipment including their
parts and components, other transport equipment (air, water and land) including
their parts and components, cement, modular housing components (for mass housing
projects) and iron and steel products.
This covers voice and non-voice IT-enabled services including procurement and
sourcing services.
5. Creative Industries
This covers non-BPO IT-enabled services and film, TV and theater arts production.
6. Strategic Activities1
This covers projects that exhibit high social economic returns and require large
investments that will significantly contribute to the country’s economic development
taking into consideration any two (2) of the following:
a. Minimum project investment cost of the peso equivalent of US$ 300 Million
b. Employment generation of at least 1,000
c. Use of new, emerging and technologically advanced products/services involving
breakthrough processes and innovation
This also covers major projects of global companies intended to be located only in one
country as a regional hub where the Philippines is one of the short-listed countries for
investment location.
7. Green Projects
This covers the production of goods (such as but not limited to capital equipment, lighting,
and construction materials), the utilization of which would lead to either the efficient use of
energy, natural resources, raw materials, or minimize/prevent pollution.
This also covers systems/processes that would involve the application of cleaner
and more efficient technologies on carbon and/or other greenhouse gases emission
reduction.
This covers projects that will prevent or mitigate adverse impacts of calamities and disasters
(e.g., installation of flood control systems, installation of early warning systems for typhoons,
earthquake occurrences, tsunami, volcanic eruptions, dikes, etc.)
This also covers projects to rehabilitate areas affected by calamities and disasters (e.g.,
rebuilding of roads and bridges after earthquakes/floodings, volcanic eruptions, oil spill
clean-up, etc.).
1
Projects under these activities will be approved upon determination by the Board in consultation with
DOF, NEDA and other appropriate government agencies.
This covers activities that require their inclusion in the IPP as provided for under existing laws.
LAW ACTIVITY
This covers extensive plantation of forest land of tree crops (except fruit
trees) for commercial and industrial purposes.
2
R.A. 7942 Philippine Mining Act of 1995
2
In general, not entitled to Income Tax Holiday.
3
Entitled to Income Tax Holiday if registered under RA 8479 (Downstream Oil Industry Deregulation Act).
This covers the manufacture of technical aids and appliances for the use and/
or rehabilitation of disabled persons, and the establishment of special schools,
homes, residential communities or retirement villages solely to suit the needs
and requirements of persons with disability.
This covers tourism enterprises that are outside the tourism enterprise
zones (TEZs) and are engaged in the following:
• Tour operations;
• Tourist transport services whether for land, sea and air transport
for tourist use;
• Establishment and operation of:
- Accommodation establishments such as but not limited to hotels,
resorts, apartment hotels, tourist inns, motels, pension houses, private
homes for homestay, ecolodges, condotels, serviced apartments, and
bed and breakfast facilities;
- Convention and exhibition facilities or “meetings, incentives,
conventions and exhibition” (MICE) facilities;
- Amusement parks;
- Adventure and ecotourism facilities;
- Sports facilities and recreational centers;
- Theme parks;
- Health and wellness facilities such as but not limited to spas,
tertiary hospitals, and ambulatory clinics;
- Agri-tourism farms and facilities; and
- Tourism training centers and institutes.
4
Subject to standards to be adopted by the BOI in consultation with the Department of Tourism (DOT).
The ARMM List covers priority activities that have been identified by the Regional Board of
Investments of the ARMM (RBOI-ARMM) in accordance with EO 458. The RBOI-ARMM
can also grant registration and administer incentives to activities in the IPP.
I. PREFERRED ACTIVITIES
A. Export Activities
1. Export Trader and Service Exporters
2. Support Activities for Exporters
This covers the production of processed foods (production of “Halal” meat and
foods), vegetable oils, food crops, integrated coconut processing and plantation,
activated carbon, production of beverage crops and plantation, seaweeds
production and processing, fruit processing, aquaculture (fish production and
processing), young/sweet corn production, potato and sweet potato plantation/
processing, cutflower production/processing, abaca plantation/processing, oil palm
plantation/processing/refining and germinated oil palm seeds, feeds production,
jatropha plantation/processing, sugarcane plantation/processing and refineries,
quality seed and seedlings of fruit trees and other planting materials propagated
asexually or by tissue culture, pearl culture/processing, production of livestock
and poultry that includes processing, crocodile farming and processing, sericulture,
feeds production and production of plantation crops and other pharmaceuticals,
medical herbs/essential oil plants.
C. Basic Industries
D. Consumer Manufactures
This covers public utilities with developmental route of the five provinces and one
city of ARMM and other adjacent cities and provinces such as common carriers,
electric transmission/distribution, water supply facilities/waterways and sewerage
systems, buses/cargo trucks, other specialized mass transport systems, power
generation like hydro power, geothermal and natural gas, and telecommunications
with international gateways.
This covers common centers to include testing and quality control laboratories,
training and demonstration centers, tool shops and similar facilities, metal casting,
metal working, furniture, ceramics and food processing, petrochemical complex
and industrial gases.
G. Engineering Industries
This covers enterprises located or have their base of operation in the BIMP –
EAGA, namely, Brunei; Sabah and Sarawak in Malaysia; Maluku, Sulawesi, Kalimantan
and Irian Jaya in Indonesia; and Mindanao and Palawan in the Philippines, who
shall invest and engage in economic activity in the ARMM including the age old
Traditional Barter Trading System in the BIMP – EAGA.
J. Tourism
This covers the establishment of private hospitals, medical clinics, wellness centers,
primary education, secondary education, tertiary education (colleges, universities
and vocational – technical schools) and ancillary services including any and all
health and education related investment.
L. Halal Industry
This covers services and the production of goods permissible under muslim or
Islamic law.
ANNEX “A”
Projects Not Qualified Under the Contingency List and MSE Projects
• Banks and financial institutions (as provided under Article 11 of E.O. 226)
• Retailing business as defined under R.A. 8762
• All services except those qualified under the Regular List
• Small-scale mining as defined under P.D. 1899 and R.A. 7076
• Activities that are restricted/regulated by law or ordinances for reasons of security,
defense and risk to health and morals (e.g., beerhouse; “health clubs”; manufacture/
distribution of dangerous drugs; race track operations and forms of gambling, among others)
• Activities of non-Philippine nationals engaged in small and medium-sized domestic
market enterprises that are not qualified under the Foreign Investment Act (R.A.
7042) as amended by R.A. 8170
• Non-agricultural basic consumer goods
• Personal care products
• All existing power and infrastructure projects with sovereign guarantee or granted ITH
• Other activities as may be determined by the Board
PART II
GENERAL POLICIES
Part II
G ENERAL POLICIES
The approval of application for registration and entitlement to incentives under this IPP is
subject to Article 7, paragraph 3 of Executive Order No. (E.O.) 226, to wit:
(3) Process and approve applications for registration with the Board, imposing
such terms and conditions as it may deem necessary to promote the objectives
of this Code, including refund of incentives when appropriate, restricting
availment of certain incentives not needed by the project in the determination
of the Board x x x”
Except as provided for under the Constitution and the Foreign Investment Act (Republic
Act No. 7042, as amended), there are no restrictions on the extent of foreign ownership of
export-oriented and/or pioneer enterprise that will engage in the activities listed in the IPP.
In general, the equity of the project applied for registration is 25% of the project cost.
2. Projects in the thirty (30) poorest provinces shall be entitled to pioneer or non-
pioneer incentives, as may be applicable.
3. The BOI may, on a case to case basis, consider areas within any province as a less
developed area.
Exemption from the above locational restriction, however, may be given to the following:
1
Less Developed Areas (LDAs).
Once the foregoing government industrial estates are privatized, existing locators
thereat shall continue to enjoy incentives for the period provided for under their
BOI registration.
4. Modernization project
5. Projects of micro and small enterprises (MSEs)
6. Strategic Activities as defined under this IPP (see Part I, I.B.6 “Strategic Activities”)
Mineral products are covered by the Specific Guidelines (see Part III, II.B Philippine Mining
Act of 1995 (R.A. No. 7942)).
The application for registration of projects engaged in the export of products in short
domestic supply may be suspended if national interest so requires.
In line with the Medium Term Philippine Development Plan (MTPDP), the BOI promotes
the development of MSMEs on account of their contribution to employment generation,
countryside development, and the cultivation of the Filipino entrepreneurial spirit.
In addition, the following assistance are provided to micro and small enterprises:
A. New Projects
“New Complete Line” refers to new facilities used in the production of the
registered product/service separate from existing line.
“New Facility” refers to the space or area, physical structure and equipment
provided for a particular purpose or segment of the production process/
service activity.
b. The project will locate in an area not contiguous to the premises of the
existing project of the existing enterprise, with which the enterprise has
common stockholders of more than 70% of equity.
The ITH shall be subject to the limitations set forth under Part II, I. “Approval of
Application and Entitlement to Incentives”.
Pioneer status may be granted to either of the following unless the Specific
Guidelines provides for other qualifications for pioneer status:
7. Projects of Micro and Small Enterprises operating for less than one (1) year
These are projects of micro and small enterprises with total project cost of not
more than PhP15 million, excluding cost of land, that have been in commercial
operation for less than one year.
B. Expansion Projects
These are activities involving the same products of or services rendered by an existing
enterprise, as follows:
3. ICT projects located in the same building and using the same basic common
facilities such as servers, backup generators, internet connections, etc., shall be
considered as expansion
In general, ITH of expansion projects, except those under the Contingency List, are
subject to a base-figure equivalent to the enterprise’s highest sales volume in case of
homogenous products or sales value in case of heterogeneous products, in the last
three (3) years, prior to the filing of the application for registration of the project.
C. Modernization Projects
3. To be eligible for pioneer status, the project must comply with Article 17
of E.O. 226 unless other conditions are provided in the Specific Guidelines
covering the activity.
6. The general policy on brand new equipment also applies to modernization program.
Where:
(1) The ROE shall be fixed for the ITH entitlement period.
(2) The exchange rate shall be the existing rate at the time of actual
investment or time of availment of ITH whichever will result in
lower rate of ITH.
(3) The % share in Total Sales shall be based on actual sales values for the
year of availment.
Existing export producers must export at least 50% of their production, if Filipino-
owned, or at least 70%, if foreign-owned, to qualify for registration.
In general, pioneer status with pioneer incentives shall be governed by Article 17 of E.O. 226.
Pioneer status with pioneer incentives may be granted to projects that meet the minimum
investment requirement and other qualifications as provided in the Specific Guidelines.
In general, projects with sovereign guarantee or guaranteed rate of return are not entitled
to ITH.
Projects with sovereign guarantee for risks other than commercial risk may be granted ITH
subject to certification as such by the agency/institution providing the guarantee.
Pioneer status with non-pioneer incentives may be granted to projects that meet the
minimum investment requirement as provided in the Specific Guidelines.
Enterprises engaged in housing projects, when undertaking CSR activities, must establish
facilities (e.g., community centers, child care centers, etc.) for the benefit of the
homeowners within the housing project.
Registered enterprises with pioneer incentives must undertake CSR activities, to the
extent possible, in accordance with the development plans of the community where the
registered project is located. The grant of the last two years of their ITH shall be subject
to submission of proof thereof not later than the end of the 4th year of ITH entitlement.
All medium and large BOI-registered enterprises must abide by the principles of Good
Corporate Governance. All registered enterprises must likewise accomplish the self-rating
Governance Scorecard to be provided by BOI every year as a requirement for ITH availment.
In pursuit of the National Framework Strategy on Climate Change, projects seeking BOI
registration are encouraged to contribute to any of the following in their respective activities:
All registered food processing projects shall submit an international quality standard
certification from relevant certifying institutions.
All enterprises that will register under this IPP are encouraged to acquire international
certification such as ISO 9000 certification, Quality Standards (QS) or other similar
certifications to improve efficiency and global competitiveness.
XIX. EQUIPMENT
In general, registered enterprises will use brand new equipment and apply production
processes that meet environmental standards.
The ARMM List covers priority activities that have been identified by the Regional Board
of Investments of the ARMM (RBOI-ARMM) in accordance with E.O. No. 458.
Projects in the Autonomous Region in Muslim Mindanao (ARMM) should register with
the BOI-ARMM.
Revenues from the sale of carbon credits through certified emission reduction (CER)
units generated from registered activity may be considered as part of the income entitled
to ITH, provided that the enterprise made representation at the time of application for
registration that such projects would earn CER units.
Projects with foreign exchange earnings generated from CER units of at least more than
50% of their total revenues may be registered as export-oriented projects.
The BOI may deny applications for registration for reasons of public health or morals.
PART III
SPECIFIC GUIDELINES
Part III
S PECIFIC GUIDELINES
I. PREFERRED ACTIVITIES
A. CONTINGENCY LIST
1. This covers existing projects and/or activities affected by the global economic
crisis that will at least retain investments and either maintain current number of
workers, reinstate laid-off workers to equal their pre-crisis number, or increase
current number of workers.
For purposes of ITH under this Contingency List, start of commercial operation
shall be the date when a particular enterprise actually begins generating positive
Earnings Before Interest, Taxes and Depreciation Allowance (EBITDA).
To qualify for registration under this list, the enterprise must prove that its
operation has been affected by the global economic crisis impairing its viability
as reflected in its Audited Financial Statements (AFS). The Board may, however,
consider other factors that will establish the causal link between the present
condition of the enterprise vis-à-vis the global economic crisis.
2. This also covers new projects of micro and small enterprises pursuant to R.A.
No. 9501.
The projects enumerated in Annex “A” are not qualified under this listing.
NOTE: The Contingency List is a temporary inclusion in the IPP to enable existing
enterprises to recover from the effects of the global economic crisis and will be delisted
upon an official pronouncement by the National Economic Development Authority
(NEDA) that the crisis no longer exists.
B. REGULAR LIST
a. Commercial production
This covers the production of agricultural, fishery and livestock products for
commercial purposes.
b. Commercial processing
This covers the conversion of agricultural, fishery and livestock products, their by-
products and wastes, to a form ready for further processing or final consumption.
• The production of refined sugar, cooking oil, and rice should comply
with the applicable provisions of the Philippine Food Fortification Act of
2000 (R.A. No. 8976); production of iodized salt should comply with the
applicable provision of the ASIN law (R.A. No. 8172).
c. Biofuels
This covers the production of biofuel crops and/or processing of biomass materials.
d. Feed Milling
e. Fertilizer
Projects that cost at least the Philippine Peso equivalent of US$20 million may be
granted pioneer status but with non-pioneer incentives.
2. Infrastructure
This covers transport (air, water and mass rail transport), water (water supply and/
or distribution), logistics, energy (power generation projects, projects/activities
under the PSALM privatization plan, power generation projects located in
missionary areas, and rehabilitation of power plants), waste management facilities,
mass housing, physical infrastructure, pipeline projects for oil and gas, and projects
under the Build-Operate-Transfer (BOT) Law.
a. Transport
Pure lease may be allowed provided that the lease contract is for a
minimum of five (5) years.
Pure lease or bareboat charter may be allowed provided the lease contract
is for a minimum of one (1) year; Provided further, that any replacement of
vessels shall be covered by the enterprise’s existing registration involving
the leased vessel, which shall be valid for at least five (5) years.
All vessels must be seaworthy and must obtain valid Class and Statutory
Certificates as required by MARINA.
This covers mass rail transport system for passengers and cargoes
in line with the transport development plans and programs of the
Department of Transportation and Communications (DOTC).
c. Logistics
This covers ports, terminals, natural gas refueling stations, warehouses, post
harvest facilities and relocation of oil terminals.
(1) Ports
(2) Terminals
(3) Warehouses
Projects that cost at least PhP1 billion may be granted pioneer status
but with non-pioneer incentives.
d. Energy
Low cost housing refers to a housing program for low and middle-income
groups substantially constructed by the private sector as a business venture.
General requirements:
• The cost of housing units shall not exceed the amount for socialized
and low cost housing as set by the Housing and Urban Development
Coordinating Council (HUDCC)
• All low cost mass housing projects must comply with the socialized
housing requirement by developing an area for socialized housing
equivalent to at least 20% of the total subdivision area or total subdivision
project cost for horizontal housing and 20% of the total cost of building
construction and site preparation for vertical housing projects whether
within or outside the same city or municipality.This may be done through
any of the following modes:
Projects that have already been completed and have incurred sales (booked
sales) of housing packages shall, in general, not qualify for registration.
The ITH shall be limited only to the revenue generated from the registered
housing project.
g. Physical Infrastructure
If the cost of upgrading the physical infrastructure is less than 90% of the
prevailing cost of constructing a new physical infrastructure, the project may
be registered as a modernization activity but not entitled to ITH.
For projects that will involve the development and operation of physical
infrastructure to be undertaken by separate entities, both the developer and
operator may qualify for registration. However, the developer may be entitled
only to incentive on capital equipment directly needed for the operation of
the physical infrastructure.
Projects that cost at least the Philippine Peso equivalent of US$100 million
may be granted pioneer status but with non-pioneer incentives.
All applications for registration must be endorsed by the DOE and/or other
concerned Competent National Authority.
BOT projects that cost at least PhP1.0 billion may be granted pioneer status
but with non-pioneer incentives.
3. Manufactured Products
a. Shipbuilding
Projects that cost at least the Philippine Peso equivalent of US$10 million may
be granted pioneer status but with non-pioneer incentives.
This covers the manufacture of machinery and equipment including its parts
and components.
Projects that cost at least the Philippine Peso equivalent of US$20 million may
be granted pioneer status but with non-pioneer incentives.
This covers the manufacture of other transport equipment (air, water and
land) including their parts and components.
This also covers the manufacture of parts and components of motor vehicles.
The following are the qualifications for registration for the assembly or
manufacture of motor vehicles:
Projects complying with any of the following may qualify for pioneer status:
• Manufacture of transmission/engines
• Manufacture of tool & die to produce chassis and engine
• Common facility for forging/metal stamping of motor vehicle parts
and components
d. Cement
The same proof of compliance shall also be required from new cement
manufacturing companies consisting of stockholders of an existing cement
manufacturing company.
2
Clinker capacity is based on the industry association’s submitted data as of January 2010.
This covers the manufacture of modular housing components using new and
environment-friendly materials or technology. These include roof/framing
systems, partition systems, flooring systems, door/window systems, finishing/
ceiling systems, and plumbing/sewerage systems.
The firm shall sell at least 70% of total annual production to mass housing projects.
This covers the manufacture of refined iron ore, e.g., pig iron, hot briquetted
iron (HBI), direct reduction iron (DRI) and primary steel products.
All iron and steel products must be compliant with the PNS, if applicable.
2
Clinker capacity is based on the industry association’s submitted data as of January 2010.
A contact center project must have a minimum investment cost of Philippine Peso
equivalent of US$2,500 per seat to qualify for registration. This amount covers the
cost of equipment (hardware and software), office furniture and fixture, building
improvements and renovation, and other fixed assets except land, building and
working capital.
All ICT projects shall install internal security system compliant with BS 7799 or
its equivalent.
5. Creative Industries
This covers non-BPO IT-enabled services and film, TV and theater arts production.
Non-BPO IT-enabled services include development of original digital content for
video games or game development.
For film, TV and theater arts production, the BOI may consult and/or require
an endorsement from concerned Competent National Authority such as Film
Development Council of the Philippines (FDCP), National Historical Institute
(NHI) and the National Commission for Culture and Arts (NCCA).
All films, TV and theater productions with at least 50% of revenues derived from
export may qualify for pioneer status.
6. Strategic Activities
1. This covers projects that exhibit high social economic returns and require
large investments that will significantly contribute to the country’s economic
development taking into consideration any two (2) of the following:
7. Green Projects
1. This covers the production of goods (such as but not limited to capital
equipment, lighting, and construction materials), the utilization of which
would lead to either the efficient use of energy, natural resources, raw
materials, or minimize/prevent pollution.
Green Projects covers only projects other than those already listed in this IPP.
1. This covers projects that will prevent or mitigate adverse impacts of calamities
and disasters, which may include installation of flood control systems;
installation of early warning systems for typhoons, earthquake occurrences,
tsunami and volcanic eruptions; manufacture of goods critical to disaster
management; construction of dikes; salvaging operations; and installation of
power generating and auxiliary equipment.
For projects that will involve the development and operation of physical
infrastructure to be undertaken by separate entities, both the developer and
operator may qualify for registration. However, the developer may be entitled
only to incentive on capital equipment directly needed for the operation of
the physical infrastructure.
Disaster Prevention, Mitigation and Recovery Projects covers only projects other
than those already listed in this IPP.
The registered CRO must submit a copy of Permit for Clinical Investigational
Use (PCIU) issued by Food and Drugs Administration (FDA) before the
conduct of each clinical trial.
Projects that cost at least the Philippine Peso equivalent of US$ 2 million may
be granted pioneer status but with non-pioneer incentives.
c. Training/Learning Institutions
d. Innovation
This covers extensive plantation of forest land of tree crops, except fruit trees, for
commercial and industrial purposes.
Tree crops include timber and non-timber species such as rubber, bamboo, rattan, etc.
(excluding fruit trees) for commercial and industrial purposes.
New project refers to the development of any public or private land to plantation of
timber and non-timber producing species to supply the raw material requirements of
forest-based industries. It also includes plantation with existing tree crops, which have
not yet reached commercial harvest.
Each Industrial Tree Plantation (ITP) project must have an approved and issued forest
management/development agreement such as:
a.3. For nickel, chromite and iron projects, an additional processing step
that will add further value to the mineral end product is required (e.g.,
ferronickel, mixed sulfides, pig iron, ferrochrome, refractory bricks)
b.1 Must support a domestic downstream industry, e.g., clay for ceramic
manufacturing, silica for glass manufacturing
b.2 For processing of marble and/or other dimension stones, must export
at least fifty percent (50%) of production, if Filipino-owned or at least
seventy percent (70%), if foreign-owned
All projects must have a mine life of at least ten (10) years.
All projects must locate outside the National Capital Region and must have the necessary
permits/licenses from concerned Competent National Authority.
Application for registration shall be on a per book or title basis and must be endorsed
by the National Book Development Board (NBDB).
1. Oil refining refers to the manufacture of all petroleum products as defined under R.A.
No. 8479 through distillation, conversion and treatment of crude oil and other naturally
occurring petroleum hydrocarbons. This may include expansion, modification and
modernization of a refinery, resulting in an increase in existing volume of production,
and/or improvement in the quality of petroleum products in conformance with the
PNS, the Clean Air Act, and other applicable laws and regulations.
3. Distribution refers to bunkering and fuels shipping and transport. Fuels shipping
and transport cover shipping and transport through land such as tank trucks,
lorries and pipeline and tankers, and barges for the fuels to get to the points
or areas where they are needed. Bunkering covers the activity of selling fuel
for direct use by a vessel, usually for water and air transport, through a smaller
transport vessel.
Distribution projects are limited to those utilizing brand new equipment and
double-hulled vessels.
For gasoline retailing stations, except those locating in LDAs listed in this IPP,
the applicant shall be required to invest a minimum capital of PhP10 million
per station, excluding land, or such amount as may be determined jointly by
BOI and DOE for augmentation purposes, as the need arises; Provided, that
foreign retailers shall comply with the requirements provided under R.A.
No. 8762, otherwise known as the Retail Trade Liberalization Law, and its
implementing rules and regulations.
3
In general, not entitled to Income Tax Holiday.
4
Entitled to Income Tax Holiday if registered under R.A. No. 8479 (Downstream Oil Deregulation Act).
For storage, marketing and distribution, only investments of new industry participants
may be entitled to incentives.The applicant shall submit an endorsement from the DOE
certifying that the applicant is a new industry participant with new investments.
Refinery projects, in general, may be entitled to ITH under E.O. No. 226. Blending alone,
within or outside the refinery, may only be entitled to capital equipment and other
non-fiscal incentives.
Projects registered under R.A. No. 8479 are entitled to the incentives provided therein.
This covers the establishment of waste recycling facilities5 integrated with manufacturing
facility using as inputs 100% locally generated solid waste materials or scraps from the
recycling facility to produce semi-finished or finished product.
This covers the establishment of industrial wastewater treatment facilities, and sewage
collection integrated with treatment facilities and the adoption of water pollution
control technology, cleaner production and waste minimization undertaken through
BOT or non-BOT schemes.
Activities such as 5S and Good Housekeeping are not qualified for registration.
5
In general, not entitled to Income Tax Holiday
Projects adopting water pollution control technology, cleaner production and waste
minimization are only entitled to capital equipment incentive.
All applications for registration must be endorsed by the DENR, the Laguna Lake
Development Authority (LLDA) or other concerned Competent National Authority.
Projects that will employ new or proprietary technologies shall submit an Environmental
Technology Verification (ETV) issued by the DOST.
This covers the manufacture of technical aids and appliances for the use and/or
rehabilitation of disabled persons, and the establishment of special schools, homes,
residential communities or retirement villages solely to suit the needs and requirements
of persons with disability.
Disabled Persons are those suffering from restriction or different abilities, as result of a
mental, physical or sensory impairment, to perform an activity in the manner or within
the range considered normal for a human being.
Manufacturing of technical aids and appliances used by disabled persons includes but
not limited to the following:
All applications for registration must be endorsed by the Department of Social Welfare
and Development (DSWD).
This covers RE developers of renewable energy facilities, including hybrid systems, and
manufacturers, fabricators and suppliers of locally produced RE equipment and components.
This covers tourism enterprises that are outside the tourism enterprise zones (TEZs)
and are engaged in the following:
1. Tour operations;
2. Tourist transport services whether for land, sea and air transport for tourist use; and
3. Establishment and operation of:
- Accommodation establishments such as but not limited to hotels, resorts,
apartment hotels, tourist inns, motels, pension houses, private homes for homestay,
ecolodges, condotels, serviced apartments, and bed and breakfast facilities;
- Convention and exhibition facilities or “meetings, incentives, conventions and
exhibition” (MICE) facilities;
- Amusement parks;
- Adventure and ecotourism facilities;
- Sports facilities and recreational centers;
- Theme parks;
- Health and wellness facilities such as but not limited to spas, tertiary hospitals,
and ambulatory clinics;
- Agri-tourism farms and facilities; and
- Tourism training centers and institutes.
1. Tour operations cover packaged inbound tour services rendered to tourists from
transport, accommodation, recreation to guided tours and other related services.
2. Tourist transport services whether for land, water and air transport for tourist use
All tourist transport operators must have terminal, hangar, berthing/docking facilities.
Applications for registration of water and air transport operators must be endorsed
by MARINA or CAAP, respectively.
3. Tourism-related facilities:
- Accommodation establishments such as but not limited to hotels, resorts,
apartment hotels, tourist inns, motels, pension houses, private homes for homestay,
ecolodges, condotels, serviced apartments, and bed and breakfast facilities;
- Convention and exhibition facilities or “meetings, incentives, conventions and
exhibition” (MICE) facilities;
- Amusement parks;
- Adventure and ecotourism facilities;
- Sports facilities and recreational centers;
- Theme parks;
- Health and wellness facilities such as but not limited to spas, tertiary hospitals,
and ambulatory clinics;
- Agri-tourism farms and facilities; and
- Tourism training centers and institutes.
a. Health Spa
Projects that cost at least Philippine Peso equivalent of US$ 20 million may
be granted pioneer status but with non-pioneer incentives.
b. Tertiary Hospital
Tertiary hospitals with a minimum capacity of 100 beds and with investment
cost of at least the Philippine Peso equivalent of US$10 million may qualify
for pioneer status.
c. Ambulatory Clinics
Projects under this listing are subject to standards to be adopted by the BOI in
consultation with the DOT.
DOT accreditation must be submitted prior to ITH availment. Only income derived
from tourism- related activities shall be entitled to ITH.
Export products include electronics, garments and textiles (including brassieres, gloves
and mittens, and infant’s wear), footwear and leather goods, furniture, jewelry, marine
and aquaculture, mineral products and others.
New manufacturing projects with direct production cost of at least the Philippine Peso
equivalent of US$10 million may qualify for pioneer status. (NOTE: This provision is a
temporary inclusion in the IPP to enable enterprises to recover from the effects of the
global crisis and will be delisted upon an official pronouncement by the NEDA that the
crisis no longer exists.)
B. Export Services
This covers services activities rendered to clients abroad and paid for in foreign
currency with export requirement of at least 50% of its revenue. If Filipino-owned or
at least 70%, if foreign-owned.
These General Policies and Specific Guidelines shall take effect immediately upon publication.
EFREN V. LEAÑO
Executive Director
Management Services Group
ANNEX “A”
Projects Not Qualified Under the Contingency List and MSE Projects
• Banks and financial institutions (as provided under Article 11 of E.O. No. 226)
• Retailing business as defined under R.A. No. 8762
• All services except those qualified under the Regular List
• Small-scale mining as defined under P.D. No. 1899 and R.A. No. 7076
• Activities that are restricted/regulated by law or ordinances for reasons of security, defense
and risk to health and morals (e.g., beerhouse; “health clubs”; manufacture/distribution of
dangerous drugs; race track operations and forms of gambling, among others)
• Activities of non-Philippine nationals engaged in small and medium-sized domestic market
enterprises that are not qualified under the Foreign Investment Act (R.A. No. 7042) as
amended by R.A. No. 8170
• Non-agricultural basic consumer goods
• Personal care products
• All existing power and infrastructure projects with sovereign guarantee or granted ITH
• Other activities as may be determined by the Board