Constuting Green Lanes For Strategic Investments"
Constuting Green Lanes For Strategic Investments"
Constuting Green Lanes For Strategic Investments"
MEMORANDUM CIRCULAR
No. __________
DATE :
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1.0 Background
1.1 His Excellency President Ferdinand R. Marcos Jr. (PBBM), has signed
the Executive Order No. 18 Constituing Green Lanes for Strategic
Investments last 23 February 2023 in order to promote the Philippines
as a top investment destination, and to encourage investors engage in
strategic investments, there is a need to ensure that the country’s
regulatory environment is conducive to business operations.
1.3 Republic Act (RA) No. 9485, as amended by Republic Act No. 11032, or
the "Ease of Doing Business and Efficient Government Service Delivery
Act of 2018," directs the State to take appropriate measures to maintain
and promote transparency in transactions involving the public, including
the adoption of unified and simplified requirements and procedures that
will reduce red tape and expedite transaction with the government.
2.0 Purpose/Objectives
3.1 Single Point of Entry - Within six (6) months from the issuance of
Executive Order No. 18, the Department of Trade and Industry-Board of
Investment (DTI-BOI) shall establish 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. The OSAC-SI
shall address investor concerns starting with identifying and designating
an investment as Strategic Investment under Executive Order No. 18
and endorse the same to concerned NGAs, LGUs, and/or quasi-judicial
bodies for processing of permits and licenses, and monitoring and
reporting of actions taken thereon. The OSAC-SI shall include aftercare
or post-investment assistance as part of its services.
3.3 Strategic Investment – are those which are aligned with the Philippine
Development Plan or any similar national development plans that are
characterized as: a) having a significant capital or investment to the
country; b) consequential economic impact; c) positive impact on the
environment; d) significant contribution to the country’s balance of
payments; e) with complex technical processes and engineering
designs; and f) will bring about improvement in the country’s
infrastructure capabilities.
4.1.2 Designate the LEDIP Office of each LGU as the Greenlane for
Strategic Investments in charge of expediting and streamlining
the processes and requirements for the issuance of permits and
licenses for Strategic Investments as endorsed by OSACSI.
4.2 Moreover, the DILG Regional and Provincial Directors are directed to
assign their Ease of Doing Business (EODB) focal person/s who shall
monitor and coordinate with the LGUs on the implementation of this
initiative in their respective jurisdiction. The Regional and Provincial
EODB Focal Persons shall be the designated Account Officer in the
DILG regional and field offices,
5.0 Processing
lf, however, upon evaluation, the project does not qualify as a Strategic
lnvestment, BOI-OSACSI shall send a letter of regret to the
appticanUproponent indicating that while the project does not qualify for
Green Lane services, the lnvestments Assistance Service may still
facilitate the project's issues and concerns with other government
agencies.
NGAs and LGUs shall act on the applications for the issuance of a permit
and/or license within the prescribed processing time provided in the
concerned agency or LGU's Citizen's Charter (original period), which
shall not be longer than three (3) working days in the case of simple
transactions, seven (7) working days in the case of complex
transactions, and twenty (20) working days for highly technical
transactions from the date the complete application was received. The
said prescribed maximum processing period may be extended only once
for the same number of days, provided the same is indicated in the
Citizen's Charter (extension period), pursuant to RA No. 11032.
After the lapse of the original or extension period under Section 5 of this
Order, the NGA or LGU shall issue the requested permit or license,
otherwise, the DTI-BOI shall endorse the case to the ARTA. Upon
receipt of the endorsement, together with the presentation of the
acknowledgment receipt and/or official receipt of the payment of the
necessary license or permit fees, and other transaction costs, and upon
due investigation and verification that the applicant has indeed fully
submitted all necessary documents and paid all the required fees, ARTA
shall issue a declaration of completeness and order the concerned office
or agency to issue the appurtenant approval, extension, andlor renewal
of the license, clearance, permit, certification, or authorization which is
deemed approved pursuant to Section 10 of RA 11032.
For projects endorsed by the FIRB or the llPCC, the entity applying for
Green Lane must be registered with the Securities and Exchange
Commission (SECyDTI or have applied for SECiDTI registration.
BOI-OSACSI shall coordinate with DICT for the use and adoption of
online and electronic mechanisms for efficient business processing,
whenever available; Pravided, however, that in case the online system
is not yet operational, the existing systems of LGUs and NGAs can be
utilized.
c. The NGAs and LGUs should adopt an online portal or utilize their
existing electronic Business One-Stop Shop to receive and
process manual and/or electronic applications for licenses,
clearance, permit and/or authorizations.
8.0 Annexes
a. Affidavit of Undertaking
b. Executive Order 18
9.0 Effectivity
10.0 Dissemination
All DILG Regional Directors and the BARMM Minister of Local Government shall
cause the immediate and widest dissemination of this Memorandum Circular to
all LGUs within their respective jurisdictions.
11.0 Feedback
For further inquiries, all concerned may directly coordinate with the Bureau of
Local Government Development through Ms. Lucita LV Dela Peña and/or
Jaime S. Vergara, Jr. (designated Account Officers in the Central Office) thru
email address: lfrdd.official@gmail.com.
12.0 Approving Authority