Department of Energy

Division 03:26 PM, Mar 24, 2020

March 24, 2020

Dear Jonathan,

Thank you for your request dated Mar 24, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Regulations on 100% Foreign Ownership of Business in the Philippines.

We received your request on Mar 24, 2020 and will respond on or before Apr 14, 2020 09:43:07 AM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPRS04NDUxODEzMjc0MjUM, for request with ticket number #DOE-845181327425.

Thank you.

Respectfully,

Nelly M. Zabala
Records Management Division
FOI Receiving Officer

Office - DOE 03:08 PM, Aug 28, 2020

August 28, 2020

Dear Jonathan Espiritu,

Greetings!

Thank you for your request for Updates on the Regulations on 100% Foreign Ownership of Business in the Philippines.

Response to Request

Your FOI request is approved. I have attached here the following materials for your reference 
1. RA 9513 or the RE Law of 2008 
2. Department Circular no. DC2009-05-008 or the IRR of RA 9513
3. Omnibus Guidelines for Awarding RE Contracts
4. RA 8479
5. RA 8479 IRR
6. Guidelines for PCECP_Petroleum.pdf

100% foreign equity is allowed in the following energy projects:

1) Power generation projects.  However, if the fuel to be used for the project is renewable energy, the exploration and development of such energy source shall be limited to 40% for foreign equity as indicated in the Renewable Energy Act of 2008 (refer to RA 9513 and DC2019-10-0013 Omnibus Guidelines) except for Biomass Energy Resources wherein 100% foreign equity is allowed. 

2) Downstream oil projects such as retail fuel stations and LPG outlets, among others, (refer to RA 8479).

3) Upstream exploration projects such as oil and gas exploration and coal exploration projects.  However, for oil and gas exploration projects, this will require the approval of the President of the Philippines.

We hope to have provided you the information you need. 

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Secretary Alfonso G. Cusi at osec.appointments@gmail.com. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,

Investment Promotion Office - DOE
FOI Receiving Officer

Attachments:
 Omnibus Guidelines _ DC2019-10-0013.pdf