Constuting Green Lanes For Strategic Investments"

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Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT


DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City
www.dilg.gov.ph

MEMORANDUM CIRCULAR
No. __________

TO : ALL CITY AND MUNICIPAL MAYORS, BARANGAY


OFFICIALS, LOCAL ECONOMIC DEVELOPMENT AND
INVESTMENT PROMOTIONS OFFICER (LEDIPO), BUSINESS
PERMIT AND LICENSING OFFICER (BPLO), ENGINEERING
AND BUILDING OFFICIALS, PLANNING AND ZONING
CLEARANCE OFFICER, SANITARY PERMIT OFFICER,
OTHER LGU DEPARTMENT HEADS, DILG REGIONAL,
PROVINCIAL AND FIELD DIRECTORS, BARMM MINISITER
OF THE INTERIOR AND LOCAL GOVERNMENT, AND ALL
OTHERS CONCERNED

SUBJECT : GUIDELINES ON THE IMPLEMENTATION OF EXECUTIVE


ORDER NO. 18 “CONSTUTING GREEN LANES FOR
STRATEGIC INVESTMENTS”

DATE :
=============================================================================

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.

1.2 Consistent with the Eight-Point Socio Economic Agenda of the


Administration, and as part of the continuing efforts of emplementing
ease of doing business reforms, It is imperative to adopt mneasures that
will expedite transaction with government

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

2.1 EO 18 aims to expedite and streamline the processes and requirements


for the issuance of permits and licenses of Strategic Investment thereby
easing the “barriers” across multiple regulatory agencies that hamper the
realization of nationally significant or highly desirable projects that
generate quality jobs for our fellowmen nationawide. The proper
implementation of the said EO will contribute to the position of the
Philippines as one of the top locations for Foreign Direct Investments
(FDIs) in the region.

2.2 Establishment of the BOI-OSACSI

2.2.1 In compliance with Section 3 of EO 18, the DTI-BOI shall establish


a BOI-OSACSI with the following funtions:

a. Serve as the single point of entry for all projects


qualified as Strategic Investments;
b. Receive directly applications for Green Lane and
applications as endorsed by the Office of the President,
FIRB, IIPCC, and DTI-BOI;
c. Identify and designate projects as strategic
investments;
d. Process, evaluate and endorse for approval of the DTI
Secretary the application/s for Strategic Investments
e. Affress investor concerns, through coordination with
the investments Promotion Unit Network (IPU-Net)
member-agencies and endorse the same to concerned
NGAs, LGUs, and/or quasi-judicial bodies for the
processing of permits and licenses, and monitoring and
reporting of actions taken thereon;
f. Provide and regularly update and investor manual of
guidebook or its equivalent the list of government
requirements for the establishment for Strategic
Investments, as well as the concerned NGAs, LGUs, or
quasi-judicial bodies issuing the relevant permits and
licenses annually;
g. Monitor and inquire on the status of ongoing
applications for permits or licenses necessary for, or
related to, applications of Strategic Investments, and in
relation thereto, ascertain the Governmetn agency and
individuals tasked with the submission of electronic
document, and such individual’s action or inaction
thereon;
h. Submit monthly reports on the implementation of EO
18 to the BOI Board and Office of the President; and
i. Provide aftercare services or post-establishment
facilitation services to Strategic Investments.
3.0 Definition of Terms

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.

3.2 Green Lanes for Strategic Investments - The concerned NGAs


including their regional and provincial offices when applicable, LGUs,
and quasi-judicial bodies shall establish or designate, whichever is
applicable, a Green Lane within their offices in charge of expediting and
streamlining the processes and requirements for the issuance of permits
and licenses of Strategic Investments endorsed by the OSAC-SI. The
above agencies or offices shall designate an account officer for the
Green Lane who is responsible for coordination with the OSAC-SI. The
said Green Lanes shall be integrated and shall not be duplicative of the
existing one-stop shops or one-stop action centers established under
existing laws such as, RA No. 11534, RA No. 11234 or the "Energy
Virtual One-Stop Shop Act," and RA No. 11032 or the “Ease of Doing
Business and Efficient Government Service Delivery Act.”

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.

4.0 Policy Content and Guidelines

4.1 All local government units are direct to:

4.1.1 Designate their Local Economic and Investment Promotions


Officer (LEDIPO) as the Account Officer (Section 4 of the EO),
who will facilitate the needs of the investor in operating and
starting a business. Specifically, with the following functions:

a. Assists the investor in expediting the release of


necessary permits, clearances, authorization and other
requirements needed in starting and operating a
business (Section 5, 6 and 7 of the EO).
b. Coordinates with various offices in the Local
Government Units (LGUs) such as the Business Permit
and Licensing Office (BPLO), Building and Engineering
Offices, Agricultural Office, Planning and Zoning
Clearance Office, Sanitary Permit Office, Public
Employment Service Office (PESO) and other offices
that requires necessary license, permits, clearances,
authorization and other requirements including
payments (Section 10 of the EO).

c. Serves as the coordinating body between the LGU and


national government agencies (Section 10 of the EO).

d. Assists the investor in resolving any issues or


challenges raise against the LGU.

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.

4.1.3 Submit your designated account officer on or before July 5, 2024


thru this form: https://bit.ly/EO18_AccountOfficer.

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

5.1 Application for Green Lane


Pursuant to Section 3 of EO 18, all applications to the Green Lane shall
be filed with the BOI-OSACSI. Applications shall
be filed in accordance with the classiflcation of the project referred to in
Section 1, Rule ll of this lRR.

5.2 Documentary Requirements

The following are the documentary requirements for the applications to


Green Lane:

5.2.1 Accomplished Green Lane Application Form;


5.2.2 Letter of lntent addressed to the DTI Secretary;
5.2.3 Proof of registration with SEC or urith DTl, whichever is
applicable;
5.2.4 Latest General tnformation Sheet (GlS) filed with SEG or updated
DTI Business Name Registration, whiehever is applicable;
5.2.5 Project Briefer;
5.2.6 Company Profile / Comapany Portfolio;
5.2.7 List of permitsllicenses for the project; and
5.2.8 Name and designation of authorized representative of the
Company supported by a Secretary's Certificate or Letter of
Authorization.

The documentary requirements shall be submitted through email


at greenlane@boi.qov.ph or directly at the BOI-OSACSI office
located at the lnvestments Assistance Service, Ground Floor of
the Board of lnvestments.

Once an application is filed togetherwith the complete


documentary requirements, an acknowledgment letter will be sent
to the applicant company of the receipt of the application"

5.3 Evaluation of Application

An OSAC-SI account officer shall be designated to evaluate the


submitted application form and documentary requirements within twenty
(20) working days from the submission of complete requirements.
Applications with incomplete requirements shall not be processed and
the applicant shall be informed via email that the documentary
requirements are incomplete. The account officer may request the
lacking documents from the applicant.

Applications with complete requirements shall be evaluated and


assessed accordingly.

5.4 lnitial Action on the Application

Upon determination that the project is a Strategic lnvestment, the


application shall be endorsed to the DTI Secretary for his approval.

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.

The applicanUproponent may file one (1) ftIotion for Reconsideration


from the denial of application under the Green Lane directly to the BOI-
OSACSI, copy furnish the Office of the Secretary, within five (5) working
days from receipt of the written notice denying the application. The BOI-
OSACSI shall evaluate and make recommendation to the DTI Secretary
regarding the MR. The DTI Secretary shall resolve the same within
seven (7) working days from the receipt of the motion.

5.5 lssuance of Certificate of Endorsement

The Certificate of Endorsement signed by the DTI Secretary will be


issued to the company identifying and designating the project as a
Strategic lnvestment bestowing upon the project green lane processing
and issuance of permits and licenses as mandated under EO 18.

A confirmation letter will be sent to the company of the approval of its


Green Lane application.

5.6 Letter of Endorsement to Concerned Government Agencies

BOI-OSACSI shall send referral letters to the concerned government


agencies, including LGUs, endorsing the pro.lect as Strategic lnvestment
and that any permit and license applied for by the project shall be acted
upon within the prescribed processing time provided in the agency's
Citizen's Charter as mandated under EO 18.

5.7 Monitoring of Application endorsed as Strategic lnvestment

BOI-OSACSI shall monitor monthly actions taken by agencies on


applications for permits and licenses and submit regular reports monthly
on the implementation of the EO 18 to the President, through the
Executive Secretary.

Each concerned NGA, LGU, quasi-judicial body and the project


applicant/proponent shall submitto the DTI-BOl monthly updates
regarding the status of applications received and acted upon involving
Strategic lnvestments covered under EO 18.

The monitoring form to be used is attached as Annex "B".

5.8 Actions of NGAs and LGUs on the Green Lane Application

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.

If upon determination, the requirements necessary for the application for


permiU licenses are incomplete, NGAS/LGUS may refuse to accept the
application; Provided, that the said agency shall issue a written notice to
the applicant indicating the lacking documentary requirements within
three (3) working days from the receipt of the application. The proponent
can refile its application for permiUlicense accordingly to the concerned
agency having supervision over the disapproved application.

Consistent with Section 10 RA 11032, the complete application for the


issuance of a permit or license shall be deemed approved in case of
failure of the NGA or LGU to act, whether to approve or disapprove, on
said application- An application shall be considered complete when all
the documentary requirements indicated in the respective Citizen's
Charters are submitted and the required fees and charges are duly paid.
lmposition of additional requirements other than those listed in the
Citizen's Charter and imposition of additional costs not reflected in the
Citizen's Charter shall be subject to Sections 21 and 22 of RA 11A32.
However, with respect to applications for registration and tax incentives
under RA No. 11534, the same shall not be deemed approved in case
of failure of the NGA or LGU to act on said application pursuant to
Section 5 of EO 18.

After the lapse of the original or extension period under Section 5 of EO


18, the NGA or LGU shall issue the requested permit or license,
otherwise, the DTI-8OI 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, the
ARTA shall issue a declaration of completeness and order the concerned
office or agency to issue the appurtenant approval, extension, and/or
renewal of the license, clearance, permit, certification, or authorization
which is deemed approved pursuant to Section 10 of RA 11032.

5.9 lssuance of Permits and/or Licenses

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.

5.10 Simultaneous Processing of Applications and Affidavit of


Undertaking

Applications for Strategic lnvestments-related permits, licenses,


certifications, clearances or authorizations may be filed simultaneously
with all NGAs, and their regional and provincial offices, GOCCS,
government instrumentalities, as well as LGUs involved in the issuance
of permits, licenses, certifications, clearances or authorizations.

Government agencies and offices that receive an application or


transaction requiring permits from other government agencies or offices,
shall process the application without awaiting the action of the latter
agency provided there is substantial compliance on the application. The
agency or office shall act on the presumption that the relevant permit
from other government agencies had already been issued. The applicant
shall submit the EO 18 endorsement letter, together with the application
for permits and/or licenses to the concerned government agency, and
shall execute a notarized Affidavit of Undertaking, using the template
prescribed by the DTI-BOl, that it has filed the relevant documents from
specific NGAs or LGUs and the applicant shall submit the complete
documentary requirements within thirty (30) working days from the time
of execution of such Affidavit; Provided, that said Affidavit of Undertaking
shall be considered valid and binding between and among the
applicanUproponent and government agencies unless otherwise
revoked by the latter upon finding of non-compliance with laws, rules and
regulations.

The NGA or LGU concerned shall then issue the corresponding


provisional permits or licenses, with an annotation that it shall be subject
to the completion of requirements covered by the undertaking.

Any violation or circumvention of the provisions of the Affidavit of


Undertaking shall constitute sufficient grounds for the suspension,
cancellation or revocation of the Certificate of Registration, Permit,
License, or Certificate issued by the concerned government agency, as
well as the imposition of fees as may be authorized by applicable laws,
rules and regulations, and issuances.

The Affidavit of Undertaking template is attached as Annex "G"

5.11 Endorsement as Strategic Investment

Application Application of projects to the Green Lane shall be filed with


the One-Stop Action Center for Strategic lnvestments (OSAC-SI) as the
single point of entry for all projects qualified as Strategic lnvestment.

Applications shall be filed in accordance with the classification of the


project, as follows:

a. For Highly Desirable Projects, an endorsement from the FIRB or


Office of the President to the OSAC-SI is required.
b. For Foreign Direct lnvestments, an endorsement from the IIPCC
to the OSAC-SI is required.

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.

The Certificate of Endorsement for the project, once approved, shall be


issued under the name of the juridical entity that will undertake the
project. Any permits or licenses for the projects shall only be issued
under the name of the entity identified in the Certificate of Endorsement.
Moreover, projects endorsed must already have identif,ed its project
location for the purpose of securing its business permit with the
concerned Local Government Unit (LGU).

Once an endorsement is received by OSAC-SI, the applicant shall fill out


an application form which can be accessed through QR Code or through
this link: Green Lane Application Form (attached as Annex "A").

For Projects or activities under the SIPP as specified in BOI Board


Resolution No. 13-44, S. of 2023, the entity may directly apply with
OSAC-SI through QR Code or through the link mentioned above.

6.0 Digitalization, Computerization and Electronic Submission

6.1 Digital operations

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.

a. The Green Lane digital platform will be launched through the


platform to be developed by DICT.

b. The BOI-OSACSI, in coordination with DICT, shall develop a


single-entry system (similar to EVOSS) with monitoring functions,
system, chronology, framework, narrative, training, and security
features. The systern should have a platform for end-to-end
process with notification function where the agency involved in the
next process is notified to avoid delays.

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.

Pending the digitalization of operations for Green Lane


applications, the project applicanUproponent must submit the
duly accomplished application form and requirements through
BOI-OSACSI's email address at greenlane@boi.gov.ph or
directly at the BOI-OSACSI office located at the lnvestments
Assistance Service, Ground Floor of the Board of lnvestments
pursuant to Rule V of this lRR.

6.2 Business Continuity Plan (BCP)


All covered agencies shall provide in its BCP the policies and procedures
that will be followed in times of system failure. The BCP processes shall
be part of the agency's Citizen's Charter to be submitted to ARTA, copy
furnished the BOI-OSACSI.

7.0 Monitoring and Evaluation

To ensure delivery commitment and compliance of the Covered agencies with


EO, each concerned NGA, LGU and/or quasi-judicial body shall submit a
monthly updates of the status of applications received and acted upon involving
Stratefic Investments cover under EO 18 to the BOI-OSACSI:

a. List of applications filed to the respective offices;


b. Statusofapplications received and acted upon involving Strategic
lnvestments; and
c. Problems encountered, actions taken, and recommended ways forward.

The Monitroing form template for the status of applications is attached as


Annex “B”.
7.1 All concerned NGAs, GOCCs, and Instrumentalities, LGUs, are hereby
directed to provide necessary assistance and support for the successful
implementation of EO 18

8.0 Annexes

The following documents are attached as reference:

a. Affidavit of Undertaking
b. Executive Order 18

9.0 Effectivity

This Memorandum Circular shall take effect immediately.

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.

For the information and guidance of all concerned.

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

ATTY. BENNJAMIN C. ABALOS, JR.


Secretary

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