- Executive Order 211, s. 1987, Prescribing the Interim Procedures in the Processing and Approval of Applications for the Exploration, Development and Utilization of Minerals
- Presidential Decree No. 2027, s. 1986, Granting Tax Relief to Distressed Copper Mining Companies
- Proclamation No. 297, s. 2002, Excluding a Certain Area from the Operation of Proclamation No. 369 dated February 27, 1931, and Declaring the same as Mineral Reservation and as Environmentally Critical Area
- Proclamation No. 183, s. 2002, Revoking Proclamation No. 66, Series of 1999, Declaring The Lahar-Affected Rivers and Embankment Areas in the Provinces of Pampanga, Tarlac and Zambales as Environmentally Critical Areas and as Mineral Reservation under the Direct Supervision and Control of the Department of Environment and Natural Resources
- Letter of Instruction No. 1387 s. 1984
- RA No. 5092, Geothermal Energy, Natural Gas and Methane Gas Law
- Presidential Decree No. 87, The Off Exploration and Development Act of 1972
- Presidential Decree No. 972, The Coal Development Act of 1976
- Department of Environment and Natural Resources (DENR) Administrative Order No. 2010-21, (28 June 2010) Revised Implementing Rules and Regulations of R.A. 7942, otherwise known as the Philippine Mining Act of 1995
- R.A. No. 7160, the Loca! Government Code of 1991
- RA. No. 11054, the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao
- Executive Order No. 220, s. 1987, Creating a Cordillera Administrative Region, Appropriating Funds Therefor and for Other Purposes
- Department of Energy Issuances
- DENR Administrative Orders, Memorandum Orders and Memorandum Circulars
- Mines and Geosciences Bureau Memorandum Circulars
11. Sector: Agriculture
Subsector: Rice and Corn Industry
Industry Classification: ISIC 0111, Growing of cereals and other crops n.e.c.
ISIC 153, Manufacture of grain mill products, starches and starch products, and prepared animal feeds
Level of Government: All levels
Type of Obligation: National Treatment. Most-Favoured-Nation Treatment. Prohibition of Performance Requirements
Description of Measure:
An alien, association, partnership or corporation, owned in whole or in part by foreigners, may engage in the rice and com industry, subject to the following conditions:
(a) There is an urgent need for foreign investment in the undertaking and that the same will not pose a clear and present danger of promoting monopolies or combination in restraint of trade.
(b) The alien, association, corporation or partnership shall have the necessary financial capability and technical competence.
(c) The alien, association, corporation or partnership shall submit a development plan acceptable to the Philippine Govemment.
In connection with the foreign equity participation, at least 60 per cent thereof shall be transferred to Filipino citizens over a 30-year divestment period, which shall start from the actual operation of the business in the Philippines.
Foreign investors shall fully develop the land leased to them for rice and corn production and culture over a period as established in their development plan, provided such period shall not exceed four years; provided, further, that the Philippine Government may grant a grace period on a case-to-case basis.
Source of Measure:
- Presidential Decree No. 194, s. 1973, Authorizing Aliens, as well as Associations, Corporations or Partnerships Owned in Whole or in Part by Foreigners to Engage in the Rice and Corn Industry, and for Other Purposes and its Implementing Rules and Regulations
- RA. No. 8435, the Agriculture and Fisheries Modernization Act of 1997
- Executive Orders and Administrative Issuances
12. Sector: All sectors
Subsector: -
Industry Classification :-
Level of Government: All levels
Type of Obligation: National Treatment. Most-Favoured-Nation Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements
Description of Measure:
The Philippines reserves the right to adopt or maintain any measure or mechanism relating to:
(a) investments other than those recognized or other than those that should have been recognized by the Philippine Government owing to the circumstances on the date of entry into force of this Agreement; and
(b) investments which were not technically feasible on the date of entry into force of this Agreement.
Source of Measure: -
13. Sector: All sectors
Subsector: -
Industry Classification :-
Level of Government: All levels
Type of Obligation: National Treatment. Most-Favoured-Nation Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements
Description of Measure:
The Philippines reserves the right to adopt or maintain any measure or mechanism that it considers necessary for the protection of its essential security interests.
Source of Measure: -
14. Sector: All sectors
Subsector: -
Industry Classification : -
Level of Government: All levels
Type of Obligation: Prohibition of Performance Requirements
Description of Measure:
The Philippines reserves the right to adopt or maintain any measure or mechanism relating to technology transfer, production processes or other proprietary knowledge.
Source of Measure: -
15. Sector: All sectors
Subsector: -
Industry Classification : -
Level of Government: All levels
Type of Obligation: National Treatment. Most-Favoured-Nation Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements
Description of Measure:
The Philippines reserves the right to adopt or maintain any measure relating to investments in all services sectors and subsectors.
Source of Measure: -
16. Sector: All sectors
Subsector: -
Industry Classification :
Level of Government: All levels
Type of Obligation: National Treatment. Most-Favoured-Nation Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements
Description of Measure:
The Philippines reserves the right to adopt or maintain any measure affecting or relating to electronic commerce, where such measure is necessary and would not constitute arbitrary or unjustifiable discrimination or a_ disguised restriction on foreign investment.
Source of Measure: -
17. Sector: All sectors
Subsector: -
Industry Classification : -
Level of Government: All levels
Type of Obligation: National Treatment. Most-Favoured-Nation Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements.
Description of Measure
The Philippines reserves the right to adopt or maintain any measure affecting or relating to investment in a public service in the interest of national security or investment in strategic industries which may threaten territorial integrity and the safety, security and well-being of Filipino citizens.
Source of Measure: -
18. Sector: All sectors
Subsector: -
Industry Classification : -
Level of Government: All levels
Type of Obligation: National Treatment. Most-Favoured-Nation Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements.
Description of Measure:
The Philippines reserves the right to adopt or maintain measures relating to or affecting treatment of a permanent resident of a Party or its investment.
Source of Measure: -
ANNEX 3. SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. THAILAND
LIST A. EXPLANATORY NOTES
1. This List A sets out, pursuant to Article 13 (Reservations and Non- Conforming Measures) of Chapter 11 (Investment), ThailanD's existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 3 (National Treatment) of Chapter 11 (Investment);
(b) Article 4 (Most-Favoured-Nation Treatment) of Chapter 11 (Investment);
(c) Article 5 (Senior Management and Board of Directors) of Chapter 11 (Investment); or
(d) Article 6 (Prohibition of Performance Requirements) of Chapter 11 (Investment).
2. Each entry in this List A sets out the following elements:
(a) Sector refers to the sector for which an entry is made;
(b) Subsector, where referenced, refers to the specific subsector for which the entry is made;
(c) Industry Classification, where referenced, refers to the activity covered by the entry, according to the International Standard Industrial Classification (ISIC) Revision 3, the Central Product Classification (CPC), or as expressly otherwise described in that entry;
ISIC. Rev. 3 means the International Standard Industrial Classification of All Economic Activities as set out in the Statistical Papers, Series M, No.4, ISIC Rev. 3, Statistical Office of the United Nations, New York, 1989; and
CPC means the Provisional Central Product Classification as set out in the Statistical Papers, Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991.
(d) Level of Government indicates the level of government maintaining the listed measures;
(e) Obligation Concerned specifies the obligations referred to in Paragraph 1 that pursuant to Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), do not apply to the listed measure;
(f) Description sets out the non-conforming measure for which the entry is made; and
(g) Source of Measure means the laws, regulations or other measures that are the source of the non-conforming measure for which the entry is made. A measure cited in the Source of Measure element:
(i) means the measure as amended, continued or renewed as of the date of entry into force of the Second Protocol, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure.
3. In accordance with Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), the Articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming measure identified in the Description element of that entry.
4. For greater certainty, the Description element of each of the entries in this List A is to be interpreted in accordance with the relevant cited sources of the non- conforming measures. For greater certainty, to the extent of any conflict between the Description element and other elements in an entry, the Description element shall prevail.
5. The Schedules of other Parties shall not be used to interpret Thailand's commitments or obligations under Chapter 11 (Investment).
6. Thailand may add, withdraw or modify any of its reservations as set out in this List A for a period of 24 months from the date of entry into force of this Schedule, provided that relevant non-conforming measure is in existence as of the date of entry into force of the Second Protocol. Any such addition, withdrawal or modification will be submitted to the Depositary who will notify the other Parties, including the relevant laws and regulations. Such reservation shall be deemed to form part of this Schedule upon such notification.
7. These Explanatory Notes form an integral part of this List A.
1. Sector: Manufacturing
Subsector: Playing cards
Industry Classification: -
Level of Government: All levels
Obligations Concerned: National Treatment. Senior Management and Board of Directors
Description: No natural person or juridical person is allowed to produce or import playing cards, except receiving approval from the Director General of Excise Department.
Source of Measure:
- Playing Cards Act B.E. 2486 (1943), as amended, and its subsidiary legislations
- Excise Act B.E. 2560 (2017), as amended, and its subsidiary legislations
2. Sector: Manufacturing
Subsector: Manufacturing of notes and minting
Industry Classification: -
Level of Government: All levels
Obligations Concerned: National Treatment. Senior Management and Board of Directors
Description:
Only the Bank of Thailand has the right and authority to print, manage, and issue the notes of the Government of Thailand under the law governing the Bank of Thailand.
Only the Ministry of Finance has the right and authority to mint and put coins into circulation.
No person shall make, issue, use, or put into circulation any material or token for money except by authorisation from the Minister of Finance.
Source of Measure: Currency Act B.E. 2501 (1958), as amended
3. Sector: Manufacturing
Subsector: Manufacturing of lottery
Industry Classification: -
Level of Government: All levels
Obligation Concerned: National Treatment. Senior Management and Board of Directors
Description: Only the Government Lottery Office is authorised to produce, manage, and distribute the lottery in Thailand.