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The Sixth Regular Foreign Investment Negative
List took effect on 8 January 2005. This list
does not include banking and other financial
institutions, which are governed and regulated
by the General Banking Law of 2000 and other
laws administered by the BSP, or insurers
abbreviations used
CA - Commonwealth Act
LOI - Letter of instruction
PD - Presidential decree
RA - Republic Act
SEC - Securities and Exchange Commission
BOT - Build-Operate-Transfer
List A: Foreign ownership is limited by
mandate of the Constitution and specific laws
No foreign equity
1. Mass media except recording (Art. XVI, Sec.
11 of the Constitution; Presidential Memorandum
dated 04 May 1994)
2. Practice of all professions1
a. Engineering
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Aeronautical engineering |
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Agricultural engineering |
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Chemical engineering |
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Civil engineering |
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Electrical engineering |
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Electronics and communication
engineering |
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Geodetic engineering |
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Mechanical engineering |
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Metallurgical engineering |
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Mining engineering |
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Naval architecture and marine
engineering |
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Sanitary engineering |
b. Medicine and allied professions
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Medicine |
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Medical technology |
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Dentistry |
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Midwifery |
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Nursing |
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Nutrition and dietetics |
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Optometry |
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Pharmacy |
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Physical and occupational therapy |
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Radiological and x-ray technology |
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Veterinary medicine |
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c. Accountancy |
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d. Architecture |
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e. Criminology |
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f. Chemistry |
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g. Customs brokerage |
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h Environmental planning |
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i. Forestry |
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j. Geology |
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k. Interior design |
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l. Landscape architecture |
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m. Law |
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n. Librarianship |
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o. Marine deck officers |
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p. Marine engine officers |
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q. Master plumbing |
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r. Sugar technology |
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s. Social work |
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t. Teaching |
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u. Agriculture |
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v. Fisheries |
(Art. XII, Sec. 14 of the Constitution; Sec. 1
of RA 5181)
3. Retail trade enterprises with paid-up capital
of less than US$2,500,000 (Sec. 5 of RA 8762)
4. Cooperatives (Ch. III, Art. 26 of RA 6938)
5. Private security agencies (Sec. 4 of RA 5487)
6. Small-scale mining (Sec. 3 of RA 7076)
7. Utilization of marine resources in
archipelagic waters, territorial sea, and
exclusive economic zone as well as small-scale
utilization of natural resources in rivers,
lakes, bays, and lagoons (Art. XII, Sec. 2 of
the Constitution)
8. Ownership, operation and management of
cockpits (Sec. 5 of PD 449)
9. Manufacture, repair, stockpiling and/or
distribution of nuclear weapons
(Art. II, Sec. 8 of the Constitution)
10. Manufacture, repair, stockpiling and/or
distribution of biological, chemical and
radiological weapons and anti-personnel mines
(various treaties to which the Philippines is a
signatory and conventions supported by the
Philippines)
11. Manufacture of firecrackers and other
pyrotechnic devices (Sec. 5 of RA 7183)
Up to 20% foreign equity
12. Private radio communications network (RA
3846)
Up to 25% foreign equity
13. Private recruitment, whether for local or
overseas employment (Art. 27 of PD 442)
14. Contracts for the construction and repair of
locally funded public works (Sec. 1 of
Commonwealth Act No. 541, Letter of Instruction
No. 630) except:
a. Infrastructure/development projects covered
in RA 7718; and
b. Projects which are foreign funded or assisted
and required to undergo international
competitive bidding (Sec. 2(a) of RA 7718)
15. Contracts for the construction of
defense-related structures (Sec. 1 of CA 541)
Up to 30% foreign equity
16. Advertising (Art. XVI, Sec. 11 of the
Constitution)
Up to 40% foreign equity
17. Exploration, development and utilization of
natural resources (Art. XII, Sec. 2 of the
Constitution)
18. Ownership of private lands (Art. XII, Sec. 7
of the Constitution; Ch. 5, Sec. 22 of CA 141;
Sec. 4 of RA 9182)
19. Operation and management of public utilities
(Art. XII, Sec. 11 of the Constitution;
Sec. 16 of CA 146)
20. Ownership/establishment and administration
of educational institutions (Art. XIV,
Sec. 4 of the Constitution)
21. Culture, production, milling, processing,
trading except retailing, of rice and corn and
acquiring, by barter, purchase or otherwise,
rice and corn and the by-products thereof (Sec.
5 of PD 194; Sec. 15 of RA 8762)
22. Contracts for the supply of materials, goods
and commodities to government-owned
or controlled corporation, company, agency or
municipal corporation (Sec. 1 of RA
5183)
23. Project proponent and facility operator of a
BOT Project requiring a public utilities
franchise (Art. XII, Sec. 11 of the
Constitution; Sec. 2(a) of RA 7718)
24. Operation of deep sea commercial fishing
vessels (Sec. 27 of RA 8550)
25. Adjustment companies (Sec. 323 of PD 612 as
amended by PD 1814)
26. Ownership of condominium units where the
common areas in the condominium
project are co-owned by the owners of the
separate units or owned by a corporation (Sec. 5
of RA 4726)
Up to 60% foreign equity
27. Financing companies regulated by the
Securities and Exchange Commission (SEC) (Sec. 6
of RA 5980 as amended by RA 8556)
28. Investment houses regulated by the SEC (Sec.
5 of PD 129 as amended by RA 8366)
List B: Foreign ownership is limited for
reasons of security, defense, risk to health and
morals and protection of small- and medium-scale
enterprises
Up to 40% foreign equity
1. Manufacture, repair, storage, and/or
distribution of products and/or ingredients
requiring Philippine National Police (PNP)
clearance:
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a. Firearms (handguns to shotguns),
parts of firearms and ammunition, I
instruments or implements used or
intended to be used in the manufacture
of firearms |
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b. Gunpowder |
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c. Dynamite |
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d. Blasting supplies |
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e. Ingredients used in making
explosives: |
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Chlorates of potassium and sodium |
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Nitrates of ammonium, potassium,
sodium barium, copper (11), lead (11),
calcium and cuprite |
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Nitric acid |
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Nitrocellulose |
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Perchlorates of ammonium, potassium
and sodium |
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Dinitrocellulose |
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Glycerol |
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Amorphous phosphorus |
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Hydrogen peroxide |
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Strontium nitrate powder |
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Toluene |
f. Telescopic sights, sniper scope and other
similar devices.
However, the manufacture or repair of these
items may be authorized by the Chief of the PNP
to non-Philippine nationals; Provided that a
substantial percentage of output, as determined
by the said agency, is exported. Provided
further that the extent of foreign equity
ownership allowed shall be specified in the said
authority/clearance (RA 7042 as amended by RA
8179)
2. Manufacture, repair, storage and/or
distribution of products requiring Department of
National Defense (DND) clearance:
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a. Guns and ammunition for warfare |
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b. Military ordnance and parts thereof (e.g.,torpedoes,
depth charges, bombs, grenades,
missiles) |
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c. Gunnery, bombing and fire control
systems and components |
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d. Guided missiles/missile systems and
components |
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e. Tactical aircraft (fixed and
rotary-winged), parts and components
thereof |
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f. Space vehicles and component systems |
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g. Combat vessels (air, land and naval)
and auxiliaries |
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h. Weapons repair and maintenance
equipment |
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i. Military communications equipment |
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j. Night vision equipment |
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k. Stimulated coherent radiation
devices, components and accessories |
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l. Armament training devices |
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m. Other as may be determined by the
Secretary of the DND |
However, the manufacture or repair of these
items may be authorized by the Secretary of
National Defense to non-Philippine nationals;
Provided that a substantial percentage of
output, as determined by the said agency, is
exported. Provided further that the extent of
foreign equity ownership allowed shall be
specified in the said authority/clearance (RA
7042 as amended by RA 8179).
3. Manufacture and distribution of dangerous
drugs (RA 7042 as amended by RA 8179)
4. Sauna and steam bathhouses, massage clinics
and other like activities regulated by law
because of risks posed to public health and
morals (RA 7042 as amended by RA 8179)
5. All forms of gambling, e.g. race track
operation (RA 7042 as amended by RA. 8179)
6. Domestic market enterprises with paid-in
equity capital of less than the equivalent of
US$200,000 (RA 7042 as amended by RA 8179)
7. Domestic market enterprises which involve
advanced technology or employ at least fifty
(50) direct employees with paid-in-equity
capital of less than the equivalent of
US$100,000 (RA 7042 as amended by RA 8179)
Notes:
1. This is limited to Filipino citizens save in
cases prescribed by law.
2. Full foreign participation is allowed for
retail trade enterprises: (a) with paid-up
capital of US$2,500,000 or more provided that
investments for establishing a store is not less
than US$830,000; or (b) specializing in high end
or luxury products, provided that the paid-up
capital per store is not less than US$250,000
(Sec. 5 of RA 8762)
3. Domestic investments are also prohibited
(Art. II, Sec. 8 of the Constitution;
Conventions/Treaties to which the Philippines is
a signatory
4. Full foreign participation is allowed through
financial or technical assistance agreement with
the President (Art. XII, Sec. 2 of the
Constitution)
5. Full foreign participation is allowed
provided that within the 30-year period from
start of operation, the foreign investor shall
divest a minimum of 60% of their equity to
Filipino citizens (Sec. 5 of PD 194; NFA Council
Resolution No. 193 s. 1998)
6. No foreign national may be allowed to own
stock in financing companies or investment
houses unless the country of which he is a
national accords the same reciprocal rights to
Filipinos (Sec. 6 of RA 5980 as amended by RA
8556; PD 129 as amended by RA 8366)
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