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MALACAÑANG “ANNEX A” n) Librarianship (RA 9246) b) Projects which are foreign funded or (Sec. 6 of RA 5980 as amended by RA 2.

b) Projects which are foreign funded or (Sec. 6 of RA 5980 as amended by RA 2. Manufacture, repair, storage and/or
Manila o) Marine Deck Officers (RA 8544) assisted and required to undergo 8556)6 distribution of products requiring Department
LIST A: FOREIGN OWNERSHIP IS LIMITED BY p) Marine Engine Officers (RA 8544) international competitive bidding (Sec. 28. Investment houses regulated by the SEC of National Defense (DND) clearance:
EXECUTIVE ORDER NO. 858 MANDATE OF THE CONSTITUTION AND q) Master Plumbing (RA 1378) 2a of RA 7718) (Sec. 5 of PD 129 as amended by RA 8366)6 a) Guns and ammunition for warfare
SPECIFIC LAWS r) Sugar Technology (RA 5197) 15. Contracts for the construction of defense- b) Military ordnance and parts thereof
PROMULGATING THE s) Social Work (RA 4373) related structures (Sec. 1 of CA 541) (e.g., torpedoes, depth charges, bombs,
NEGATIVE LIST u) Agriculture (RA 8435) Up to Thirty Percent (30%) Foreign Equity FOR REASONS OF SECURITY, DEFENSE, c) Gunnery, bombing and fire control
1. Mass Media except recording (Art. XVI, Sec. v) Fisheries (RA 8550) RISK TO HEALTH AND MORALS AND systems and components
WHEREAS, Republic Act (RA) No. 7042 also 11 of the Constitution; Presidential w) Guidance counseling (RA 9258) 16. Advertising (Art. XVI, Sec. 11 of the PROTECTION OF SMALL- AND MEDIUM- d) Guided missiles/missile systems and
known as the Foreign Investments Act of 1991, Memorandum dated 04 May 1994) 3. Retail trade enterprises with paid-up capital Constitution) SCALE ENTERPRISES components
as amended by RA 8179, provides for the 2. Practice of all professions1 (Art. XII, Sec.14 of less than US$2,500,000 (Sec. 5 of RA e) Tactical aircraft (fixed and rotary-
formulation of a Regular Foreign Investment of the Constitution, Sec. 1 of RA 5181) 8762)2 Up to Forty Percent (40%) Foreign Equity Up to Forty Percent (40 %) Foreign Equity winged), parts and components thereof
Negative List covering investment a) Engineering 4. Cooperatives (Ch. III, Art. 26 of RA 6938) f) Space vehicles and component
areas/activities which may be opened to i. Aeronautical engineering 5. Private Security Agencies (Sec. 4 of RA 17. Exploration, development and utilization of 1. Manufacture, repair, storage, and/or systems
foreign investors and/or reserved to Filipino (PD 1570) 5487) natural resources (Art. XII, Sec. 2 of the distribution of products and/or ingredients g) Combat vessels (air, land and naval)
nationals; ii. Agricultural engineering (RA 8559) 6. Small-scale Mining (Sec. 3 of RA 7076) Constitution)4 requiring Philippine National Police (PNP) and auxiliaries
iii. Chemical engineering (RA 9297) 7. Utilization of Marine Resources in 18. Ownership of private lands (Art. XII, Sec. 7 clearance: h) Weapons repair and maintenance
WHEREAS, there is a need to formulate the iv. Civil engineering (RA 1582) archipelagic waters, territorial sea, and of the Constitution; Ch. 5, Sec. 22 of CA a) Firearms (handguns to shotguns), parts equipment
Eighth Regular Foreign Investment Negative v. Electrical engineering (RA 7920) exclusive economic zone as well as small- 141; Sec. 4 of RA 9182) of firearms and ammunition therefor, i) Military communications equipment
List, replacing the 7th Regular Foreign vi. Electronics and Communication scale utilization of natural resources in 19. Operation and management of public instruments or implements used or j) Night vision equipment
Investment Negative List, to reflect changes to engineering (RA 9292) rivers, lakes, bays, and lagoons (Art. XII, utilities (Art. XII, Sec. 11 of the Constitution; intended to be used in the manufacture k) Stimulated coherent radiation devices,
List A and B, as recommended by concerned vii. Geodetic engineering (RA 8560) Sec. 2 of the Constitution) Sec. 16 of CA 146) of firearms components and accessories
agencies; viii. Mechanical engineering (RA 8495) 8. Ownership, operation and management of 20. Ownership/establishment and administration b) Gunpowder l) Armament training devices
ix. Metallurgical engineering cockpits (Sec. 5 of PD 449) of educational institutions (Art. XIV, Sec. 4 of c) Dynamite m) Other as may be determined by the
NOW, THEREFORE, I, GLORIA (PD 1536) 9. Manufacture, repair, stockpiling and/or the Constitution) d) Blasting supplies Secretary of the DND
MACAPAGAL ARROYO, President of the x. Mining engineering (RA 4274) distribution of nuclear weapons (Art. II, Sec. 21. Culture, production, milling, processing, e) Ingredients used in making explosives:
Republic of the Philippines, by virtue of the xi. Naval Architecture and Marine 8 of the Constitution)3 trading excepting retailing, of rice and corn i. Chlorates of potassium and However, the manufacture or repair of these
powers vested in me by Law, do hereby order: engineering (RA 4565) 10. Manufacture, repair, stockpiling and/or and acquiring, by barter, purchase or sodium items may be authorized by the Secretary of the
xii. Sanitary engineering (RA 1364) distribution of biological, chemical and otherwise, rice and corn and the by-products ii. Nitrates of ammonium, potassium, DND to non-Philippine nationals; Provided that a
SECTION 1. Only the investment areas and/or b) Medicine and Allied Professions radiological weapons and anti-personnel thereof (Sec. 5 of PD 194) 5 sodium, barium, copper (11), lead substantial percentage of output, as determined
activities listed in the Annex hereof shall be i. Medicine (RA 2382 as amended mines (Various treaties to which the 22. Contracts for the supply of materials, goods (11), calcium and cuprite by the said agency, is exported. Provided further
reserved to Philippine nationals, and hereafter by RA 4224) Philippines is a signatory and conventions and commodities to government-owned or iii. Nitric acid that the extent of foreign equity ownership
shall be referred to as the Eighth Regular ii. Medical Technology (RA 5527 as supported by the Philippines)3 controlled corporation, company, agency or iv. Nitrocellulose allowed shall be specified in the said
Foreign Investment Negative List. The extent amended by RA 6318, PD 6138, 11. Manufacture of firecrackers and other municipal corporation (Sec. 1 of RA 5183) v. Perchlorates of ammonium, authority/clearance (RA 7042 as amended by RA
of foreign equity in these areas shall be limited PD 498 and PD 1534) pyrotechnic devices (Sec. 5 of RA 7183) 23. Project Proponent and Facility Operator of potassium and sodium 8179)
to the percentages indicated in the List. iii. Dentistry (RA 9484) a BOT project requiring a public utilities vi. Dinitrocellulose
iv. Midwifery (RA 7392) Up to Twenty Percent (20%) Foreign Equity franchise (Art. XII, Sec. 11 of the vii. Glycerol 3. Manufacture and distribution of dangerous
SECTION 2. Any amendment to List A may be v. Nursing (RA 9173) Constitution; Sec. 2a of RA 7718) viii. Amorphous phosphorus drugs (RA 7042 as amended by RA 8719)
made at any time to reflect changes instituted vi. Nutrition and Dietetics (PD 1286) 12. Private radio communications network (RA 24. Operation of deep sea commercial fishing ix. Hydrogen peroxide 4. Sauna and steam bathhouses, massage
in specific laws while amendments to List B vii. Optometry (RA 8050) 3846) vessels (Sec. 27 of RA 8550) x. Strontium nitrate powder clinics and other like activities regulated by
shall not be made more often than once every viii. Pharmacy (RA 5921) 25. Adjustment Companies (Sec. 323 of PD xi. Toluene law because of risks posed to public health
two years, pursuant to Section 8 of RA 7042 ix. Physical and Occupational Up to Twenty-Five Percent (25%) Foreign 612 as amended by PD 1814) f) Telescopic sights, sniper scope and and morals (RA 7042 as amended by RA
as amended, and its revised Implementing Therapy (RA 5680) Equity 26. Ownership of condominium units where the other similar devices 8179)
Rules and Regulations. x. Radiologic and X-ray Technology common areas in the condominium project 5. All forms of gambling (RA 7042 as amended
(RA 7431) 13. Private recruitment, whether for local or are co-owned by the owners of the However, the manufacture or repair of these by RA 8179), except those covered by
SECTION 3. All orders, issuances, rules and xi. Veterinary Medicine (RA 9268) overseas employment (Art. 27 of PD 442) separate units or owned by a corporation items may be authorized by the Chief of the PNP investment agreements with PAGCOR (RA
regulations or parts thereof, which are c) Accountancy (RA 9298) 14. Contracts for the construction and repair of (Sec. 5 of RA 4726) to non-Philippine nationals; Provided that a 9487) operating within special economic
inconsistent with this Order are hereby d) Architecture (RA 9266) locally-funded public works (Sec. 1 of CA Up to Sixty Percent (60%) Foreign Equity substantial percentage of output, as determined zones administered by the Philippine
revoked or modified accordingly. e) Criminology (RA 6506) 541, LOI 630) except: by the said agency, is exported. Provided further Economic Zone Authority (RA 7916)
f) Chemistry (RA 754) a) Infrastructure/development projects 27. Financing companies regulated by the that the extent of foreign equity ownership 6. Domestic market enterprises with paid-in
SECTION 4. This Executive Order shall take g) Customs Brokerage (RA 9280) covered in RA 7718; and Securities and Exchange Commission (SEC) allowed shall be specified in the said equity capital of less than the equivalent of
effect 15 days after publication in a newspaper h) Environmental Planning (PD 1308) authority/clearance (RA 7042 as amended by RA US$200,000 (RA 7042 as amended by RA
of general circulation. i) Forestry (RA 6239) 8179) 8179)
2 Full foreign participation is allowed for retail trade
j) Geology (RA 4209) 7. Domestic market enterprises which involve
DONE in the City of Manila, this 5th day of k) Interior Design (RA 8534) enterprises: (a) with paid-up capital of US$2,500,000 advanced technology or employ at least fifty
or more provided that investments for establishing a
February in the year of our Lord, Two l) Landscape Architecture (RA 9053) (50) direct employees with paid-in-equity
store is not less than US$830,000; or (b) specializing 4 Full foreign participation is allowed through financial
Thousand and Ten. m) Law (Art. VIII, Sec. 5 of the in high end or luxury products, provided that the paid-
capital of less than the equivalent of
Constitution; Rule 138, Sec. 2 of the or technical assistance agreement with the President US$100,000 (RA 7042 as amended by RA
up capital per store is not less than US$250,000 (Art. XII, Sec. 2 of the Constitution) 6 No foreign national may be allowed to own stock in
(Sgd) GLORIA MACAPAGAL ARROYO Rules of Court of the Philippines) (Sec. 5 of RA 8762) 8179)
5 Full foreign participation is allowed provided that financing companies or investment houses unless
3 Domestic investments are also prohibited (Art. II,
By the President: within the 30-year period from start of operation, the the country of which he is a national accords the
Sec. 8 of the Constitution; Conventions/Treaties to foreign investor shall divest a minimum of 60 percent same reciprocal rights to Filipinos (Sec. 6 of RA 5980
(Sgd) EDUARDO R. ERMITA 1 This is limited to Filipino citizens save in cases which the Philippines is a signatory) of their equity to Filipino citizens (Sec. 5 of PD 194; as amended by RA 8556; PD 129 as amended by RA
Executive Secretary prescribed by law NFA Council Resolution No. 193 s. 1998) 8366)