i. Mere investment as a shareholder by a foreign entity in domestic corporations duly registered to do business, or the exercise of rights as such investor;

ii. Having a nominee director or officer to represent its interests in such corporation;

iii. Appointing a representative or distributor domiciled in the Philippines which transacts business in the representative's or distributor's own name and account;

iv. The publication of a general advertisement through any print or broadcast media;

v. Maintaining a stock of goods in the Philippines solely for the purpose of having the same processed by another entity in the Philippines;

vi. Consignment by a foreign entity of equipment with a local company to be used in the processing of products for export;

vii. Collecting information in the Philippines; and

viii. Performing services auxiliary to an existing isolated contract of sale which are not on a continuing basis, such as installing in the Philippines machinery it has manufactured or exported to the Philippines, servicing the same, training domestic workers to operate it, and similar incidental services.

i. The percentage share of the volume or peso value of goods exported to the total volume or value of goods sold in any taxable year if the export enterprise is engaged in manufacturing or processing.

ii. The percentage share of the peso value of services sold to foreigners to total earnings or receipts from the sale of its services from all sources in any taxable year if the export enterprise is service-oriented; Value of services sold shall refer to the peso value of all services rendered by an export enterprise to foreigners that are paid for in foreign currency or pesos funded from inwardly remitted foreign currency as properly documented by the export enterprise; or

iii. The percentage share of the volume or peso value of goods exported to the total volume or value of goods purchased domestically in any taxable year if the export enterprise is engaged in merchandise trading.

i. For purposes of Section 8 of the Act, and Section 36, Rule X of these Rules and Regulations, existing foreign investment shall mean an equity investment made by a non-Philippine national and duly registered with the SEC or the DTI in the form of foreign exchange or other assets transferred to the Philippines.

ii. Foreign direct investments (FDIs) flows monitored and recorded by the BSP; and

iii. Actual foreign investments monitored and recorded by investment promotion agencies (IPAS);

i. Directly or indirectly owns more than fifty percent (50%) of the capital taking into account both the voting rights and beneficial ownership;

ii. Controls through ownership interests, the exercise of more than fifty percent (50%) of the voting rights;

iii. Holds the power to appoint a majority of members of the board of directors or any other equivalent management body; or

iv. Has the ability to interfere in the management, operation, administration, or control of an enterprise.

i. Is engaged exclusively in the following activities:

1. Administering or providing a plan for pension, retirement, social security, disability, death or employee benefits, or any combination thereof solely for the benefit of natural persons who are contributors to such a plan and their beneficiaries; or

2. Investing the assets of these plans;

ii. Has a fiduciary duty to the natural persons referred to in subparagraph (i)(1); and

iii. Is free from investment direction from the government of the foreign state;

Provided, that investment direction (1) does not include general guidance with respect to risk management and asset allocation that is not inconsistent with usual investment practices; and (2) is not demonstrated, alone, by the presence of government officials on the enterprise's board of directors or investment panel.

i. Serves solely as a special purpose investment fund or arrangement for asset management, investment, and related activities, using financial assets of a foreign state; and

ii. Is a member of the international forum of sovereign wealth funds.

a. Provide leadership and ensure the effective functioning of the IIPCC;

b. Call meetings, approve and set agenda, and preside over IIPCC meetings where all IIPCC members are enabled and encouraged to actively participate in all discussions and resolutions on matters taken up by the IIPCC;

c. Shall oversee the quality, quantity, and timeliness of the outputs and deliverables of the IIPCC;

d. Assist in ensuring compliance with guidelines on good governance;

e. Ensure that the IIPCC makes an informed decision through a sound process that incorporates relevant facts and data;

f. From time to time, as a particular foreign investment may require, request the participation of other government departments and agencies or instrumentalities, local government units (LGUs), non-governmental organizations (NGOs) and local business chambers and enterprises;

g. Sign resolution to be issued and agreed by majority of the IIPCC members; and

h. Exercise such other powers and duties as may be vested by the IIPCC pursuant to its functions and mandate.

a. Provide administrative support to the IIPCC and the IIPCC Technical Committee;

b. Consolidate the inputs to the budget, work plans, and reports of the IIPCC, as directed by the IIPCC or the IIPCC Technical Committee, and present recommendation to the IIPCC and the IIPCC Technical Committee;

c. Issue notice of meetings, organize the proper conduct and documentation of meetings, facilitate efficient records keeping and archiving, and perform the necessary administrative functions in pursuing the mandate of the IIPCC;

d. Monitor policies and resolutions approved by the IIPCC;

e. Exercise such other powers and duties as may be vested by the IIPCC pursuant to its functions and mandate; and

f. Report directly to the IIPCC Chairperson and the IIPCC Technical Committee Chairperson.

a. Establish both a medium- and long term Foreign Investment Promotion and Marketing Plan (FIPMP), coordinating all existing investment development plans and programs under the BOI, PEZA, and various IPAs, investment promotion units of LGUs, and other agencies such that there is a single investment promotion framework and strategy for the Philippines;

b. Design a comprehensive marketing strategy and campaign, promoting the country as a desirable investment area in accordance with the FIPMP;

c. Coordinate and, when necessary, partner with and assist the IPAs and all other similar existing authorities or that may be created by law, in promoting foreign investments to the country;

d. Support inbound and outbound foreign direct investment or trade missions for international markets to promote the country as a premier investment location;

e. Encourage and support research and development in the priority investment areas indicated in the FIPMP;

f. Create a technical committee that will lead the conduct of strategic industry review;

g. Monitor actual performance against measurable and time-bound targets in the FIPMP, including job generation, revenue generated, realized investments, and other related performance indicators;

h. Submit annual evaluation and reports to the President of the Philippines and the Congress regarding the activities of the IIPCC;

i. Establish and regularly update an online database including directory of ready local partners from priority sectors under the FIPMP as a tool for promoting investments and business matching in local supply chains; and

j. Support local government efforts to promote foreign direct investments, facilitate the processing of the national requirements to expedite compliance by the foreign investor in highly desirable projects, and address other safeguards and services requested by foreign investors in their different localities involved with said foreign investments.

a. Undertake a risk-assessment study to identify and recommend the list of:

i. Strategic industries, including other activities which may threaten territorial integrity and the safety, security and well-being of Filipino citizens; and

ii. Geographical areas critical to national security.

The IIPCC shall recommend the list to the President for approval. The recommendations, if approved by the President, will form part of the initial list of strategic industries and geographical areas critical to national security as provided under Section 16 of the Act and Rule XXII of these Rules and Regulations. Provided that, the initial list of strategic industries and geographical areas critical to national security can be amended at any time, as necessary, subject to the approval of the President. This shall be without prejudice to the powers of other national government agencies to make recommendations to the President or to the IIPCC on the composition of the list of strategic industries.

b. Upon the order of the IIPCC, undertake an initial risk assessment of foreign investment transactions satisfying the conditions stated in Section 69, Rule XXII of these Rules and Regulations;

c. Upon order of the IIPCC, conduct the comprehensive national security review of foreign investments; and

d. Submit findings or recommendations stated in b and c of this rules to the IIPCC.

a. Provide leadership and ensure the effective functioning of the IIPCC Technical Committee;

b. Call meetings, approve and set agenda, and preside over IIPCC Technical Committee meetings;

c. Ensure that the IIPCC Technical Committee makes informed decisions through a sound process that incorporates relevant facts and data; and

d. Form time to time, as a particular foreign investment may require, request the participation of other government departments and agencies or instrumentalities, LGUs, NGOs, and local business chambers and enterprises to the IIPCC Technical Committee discussions.

a Ensure alignment of the FIPMP with the preferred investment areas under the Strategic Investment Priority Plan (SIPP);

b. Coordinate with the Office of the President, prior to its issuance of an order to review foreign investments that have national security implications under Section 16 of the Act and Rule XXII of these Rules and Regulations;

c. Solicit information from the Fiscal Incentives Review Board (FIRB) on foreign investments to determine whether the foreign investment is registered, or is applying to be registered, or is applying to be registered with an IPA, or is applying for fiscal incentives under Title XII of the National Internal Revenue Code (NIRC), as amended;

d. Coordinate with the NSC with respect to foreign investments with national security implications;

e. Coordinate with the Philippine Competition Commission (PCC) with respect to the review of foreign investments involving mergers and acquisitions, and with the Governance Commission for GOCCs (GCG) with respect to the review of foreign investments involving government-owned-or-controlled corporations (GOCCs), when the investments satisfy policy parameters defined under Section 16 of the Act and Rules and Regulations;

f. Ensure alignment of the FIPMP with the Philippine Development Paln (PDP), Regional Development Plan (RDPs), and other relevant sectoral plans;

g. Coordinate with the IPAs, investment promotion units of LGUs and other agencies to harmonize all investment promotion and marketing initiatives, including investment facilitation to streamline processes and procedures, and enable ease of doing business; and

h. Coordinate with other interagency committees or councils, and other relevant bodies in matters where the work of the IIPCC will relate or require close coordination given the mandate, functions or scope of these bodies.

a. Create high-skilled jobs to grow a local pool of enterprises, particularly micro, small and medium enterprises (MSMEs), that can supply domestic and global value chains;

b. Increase the sophistication of products and services that are produced or sourced domestically;

c. Expand sources of domestic supply;

d. Attract significant foreign capital or investment; and

e. Promote export diversification and accelerate countryside development.

a. IIPCC procedures, contacts, schedules, among others;

b. Foreign Investment Promotion and Marketing Plan (FIPMP);

c. Information on the rights and obligations of investors and the government, among others;

d. Links to other government websites relevant to investment promotion;

e. IIPCC issuances, resolutions or documents as it deems appropriate for public circulation, among others;

d. Database of:

i. investment-related statistics, including "the value or amount of approved investments and actual investments that have materialized";

ii. local partners or enterprises capable and willing to partner with potential foreign investors;

iii. available land locations; and

iv. other databases, that may be necessary; and

g. Registration link to the CBP in the filing or application of necessary registration, clearances, or permits in facilitating foreign investments.

i. It is investing in a domestic market enterprise in areas outside the FINL; or

ii. It is investing in an export enterprise whose products and services do not fall within Lists A and A of the FINL, except for defense-related activities, which may be approved pursuant to Section 8(b)(1) of this Act.

i. For enterprises wishing to engage in defense-related activities, clearance from the Department of National Defense (DND) or the Philippine National Police (PNP).

ii. For non-Philippine nationals engaged in micro and small domestic market enterprise with a paid-in equity capital of at least US$100,000 but not equal to or more than US$200,00:

1. A certificate from the DOST that the investment involves advanced technology; or

2. A certificate from the DICT or DTI or DOST endorsing startups or startup enablers; or

3. A certificate from the appropriate DOLE Regional Office having jurisdiction over the place of the enterprise that the enterprise or investor has executed a notarized undertaking that the majority of their direct employees shall be Filipinos and that in no case shall the number of Filipino direct employees be less than fifteen (15).

i. They involve advanced technology as determined by the DOST;

ii. They are endorsed as startup or startup enablers by the lead host agencies, namely the DTI or DICT or DOST, pursuant to R.A. No. 11337, otherwise known as the Innovative Startup Act; or

iii. They execute a notarized undertaking that the majority of their direct employees shall be Filipinos and that in no case shall the number of Filipino direct employees be less than fifteen (15).

i. Military or defense-related industries,

ii. Cyber infrastructure,

iii. Pipeline transportation, or

iv. Such other activities, upon:

1. Recommendations of the National Security Council; or

2. Recommendation of the Secretary of National Defense; or

3. Recommendation of the relevant department or administrative agency, when a proposed investment effectively results in the grant of control of a public service, whether direct or indirect, to a foreigner or foreign corporation.