RULES AND REGULATIONS IMPLEMENTING
REPUBLIC ACT NO.8756 AMENDING BOOKS III & IV OF
EXECUTIVE ORDER NO. 226, OTHERWISE KNOWN AS
THE OMNIBUS INVESTMENTS CODE, AS AMENDED
Pursuant to Section 9 of R.A. 8756, the following rules and regulations are hereby promulgated to implement the intent and provisions of the said law.
PART IV – MULTINATIONAL COMPANIES ESTABLISHING
REGIONAL OR AREA HEADQUARTERS OR REGIONAL OPERATING
HEADQUARTERS IN THE PHILIPPINES
RULE XVII. APPLICATION FOR REGISTRATION
A) REGIONAL OR AREA HEADQUARTERS (RHQ)
Section1. Filing of application. – Any multinational company may file, upon payment of filing fee, an application with the Securities and Exchange Commission (SEC) through the Registration Division of the Board of Investments for the establishment of the regional or area headquarters in the Philippines, in accordance with the form prescribed for the purpose, accompanied by the following documents:
(1) A certification from the Philippine Consulate/Embassy, or the Philippine Commercial Office or from the equivalent office of the Philippine Department of Trade and Industry in the applicant’s home country that said foreign firm is an entity engaged in international trade with affiliates, subsidiaries or branch offices in the Asia-Pacific Region and other foreign markets. In case the certification is issued by the equivalent office of the Philippine Department of Trade and Industry, the same shall be authenticated by the Philippine Consulate/Embassy.
(2) A duly authenticated certification from the principal officer of the foreign entity to the effect that the said foreign entity has been authorized by its Board of Directors or governing body to establish its regional or area headquarters in the Philippines, specifying that: a. The activities of the regional or area headquarters shall be limited to acting as a supervisory, communications and coordinating center for its subsidiaries, affiliates and branches in the region;
b. The regional or area headquarters will not derive any income from sources within the Philippines and will not participate in any manner in the management of any subsidiary or branch office it might have in the Philippines nor shall it solicit or market goods and services whether on behalf of its mother company or its branches, affiliates, subsidiaries or any other company; and
c. The regional or area headquarters shall notify the Board of Investments and the Securities and Exchange Commission of any decision to close down or suspend operations of its headquarters at least fifteen (15) days before the same is effected.
(3) An undertaking that the multinational company will remit into the country, through an authorized agent bank, such amount as may be necessary to cover its operations in the Philippines but which amount will not be less than fifty thousand United States dollars (US$ 50,000.00) or its equivalent in other foreign currencies annually. Within thirty (30) days from receipt of Certificate of Registration from the Securities and Exchange Commission, the multinational company will submit to the Securities and Exchange Commission a certificate of inward remittance from a local bank showing that it has remitted to the Philippines the amount of at least fifty thousand United States dollars ($50,000.00) or its equivalent in other foreign currencies and converted the same to Philippine currency. Annually, within thirty (30) days from the anniversary date of the multinational company’s registration as a regional or area headquarters with the Securities and Exchange Commission, it will submit proof to the Securities and Exchange Commission of inward remittance amounting to at least fifty thousand United States dollars ($50,000.00) or its equivalent in other foreign currencies converted to Philippine currency through an authorized agent bank during the past years.
Section 2. Issuance of Certificate of Registration and License. – Upon submission of all the required documents and the application having been favorably endorsed by the Board of Investments, the Securities and Exchange Commission shall issue to the applicant company a Certificate of Registration and License authorizing it to establish a regional or area headquarters in the Philippines.
Section 3. Reporting Requirements. – Every registered regional or area headquarters of a multinational company shall submit to the Board of Investments and the Securities and Exchange Commission the following reports:
1. A general information sheet in the prescribed form showing, among others, the names, positions, titles and salaries of all the officers and personnel of the regional or area headquarters in the Philippines, within thirty (30) days after the issuance of the Certificate of Registration and License.
2. An annual report showing its operation in the Philippines, including proofs of inward remittance amounting to at least fifty thousand Unites States dollars (US$ 50,000.00) or its equivalent in other foreign currencies converted into Philippine Pesos, and its expenditures in the Philippines during the past year. All funds of the Regional Headquarters shall be utilized for salaries and other emoluments, including fringe benefits of personnel, rental of offices, transportation expenses, communication fees and similar costs for the maintenance of the regional or area headquarters in the Philippines.
B. REGIONAL OPERATING HEADQUARTERS (ROHQ)
Section 4. Filing of Application. – Any multinational company may file, upon payment of filing fee, an application with the Securities and Exchange Commission through the Registration Division of the Board of Investments for the establishment of the regional operating headquarters in the Philippines, in accordance with the form prescribed for the purpose, accompanied by the following documents:
a) A certification from the Philippine Consulate/Embassy, or the Philippine Commercial Office or from the equivalent office of the Philippine Department of Trade and Industry in the applicant’s home country that said foreign firm is an entity engaged in international trade with affiliates, subsidiaries or branch offices in the Asia-Pacific Region and other foreign markets. In case the certification is issued by the equivalent office of the Philippine Department of Trade and Industry, the same shall be authenticated by the Philippine Consulate/Embassy.
b) A duly authenticated certification from the principal officer of the foreign entity to the effect that the said foreign entity has been authorized by its Board of Directors or governing body to establish its regional operating headquarters in the Philippines:
1. Specifying any of the qualifying services it will render:
general administration and planning;
business planning and coordination;
sourcing/procurement of raw materials and components;
corporate finance advisory services;
marketing control and sales promotion;
training and personnel management;
logistics services;
research and development services, and product development;
technical support and maintenance;
data processing and communication; and
business development.
The ROHQ shall not offer qualifying services to entities other than its affiliates, branches or subsidiaries, as declared in its registration with the Securities and exchange Commission nor shall it directly and indirectly solicit or market goods and services whether on behalf of their mother company, branches, affiliates, subsidiaries or any other company.
ROHQ’S cannot directly or indirectly engage in the sale and distribution of goods and services of its mother company, branches, affiliates, subsidiaries or any other company.
2. The regional operating headquarters shall notify the Board of Investments, the Securities and Exchange Commission and in the case of ROHQ’s of banking and quasi-banking institutions the Bangko Sentral ng Pilipinas, of any decision to close down or suspend operations of its headquarters at least fifteen (15) days before the same is effected.
(c) An undertaking that the multinational company will initially remit I nto the country within thirty (30) days from receipt of the certificate of registration with the SEC through the BOI such amount as may be necessary to cover its operations in the Philippines but which amount will not be less than two hundred thousand United States dollars (US$ 200,000.00) or its equivalent in other foreign currencies.
Section 5. Issuance of Certificate of Registration and License. – Upon submission of all the required documents and the application having been favorably endorsed by the Board of Investments, and the Bangko Sentral ng Pilipinas (BSP) in case of ROHQ’s of banking or quasi-banking institutions, the SEC shall issue to the applicant company a Certificate of Registration and License authorizing it to establish a regional operating headquarters in the Philippines.
After securing the SEC Certificate of Registration and License, ROHQ’s of banking or quasi-banking institutions shall obtain a license from the BSP in accordance with the prescribed form.
Within thirty (30) days from receipt of Certificate of Registration, the multinational company will submit to the Securities and Exchange Commission a certificate of inward remittance from a local bank showing that it has remitted to the Philippines the amount of at least two hundred thousand United States dollars ($200,00.00) or its equivalent in other foreign currency converted the same to Philippine currency.
Section 6. Reporting Requirements.- Every registered operating headquarters of a multinational company shall submit to the Board of Investments and the Securities and Exchange Commission the following reports:
1. A general information sheet in the prescribed form showing, among others, the names, positions, titles and salaries of all the officers and personnel of the regional operating headquarters in the Philippines, within thirty (30) days after the issuance of the Certificate of Registration and License and annually thereafter.
2. An annual financial report together with an audited financial statement and income tax return.
C. CONVERSION OF EXISTING REGIONAL OR AREA HEADQUARTERS TO REGIONAL OPERATING HEADQUARTERS
Section 7. Filing of Application for Conversion.- A regional or area headquarters may file its application for conversion into a regional operating headquarters with the Securities and Exchange Commission through the Registration Division of the Board of Investments, in accordance with the prescribed form, accompanied by the following documents:
(a) A petition under oath to amend license signed by the Resident Agent or duly authorized officer of the regional or area headquarters requesting conversion into a regional operating headquarters and indicating the qualifying services to be rendered by the applicant;
(b) A duly authenticated certification from the principal officer of the foreign entity to the effect that said foreign entity has been authorized by its Board of Directors or governing body to convert its regional headquarters to a regional operating headquarters specifying the qualifying services it will render as provided for under Section 4 of the Rules.
(c) Proof by means of a bank certification that at the time of conversion it has at least two hundred thousand United States dollars ($200,00.00) or more.
The ROHQ shall not offer qualifying services to entities other than its affiliates, branches or subsidiaries, as declared in its registration with the Securities and Exchange Commission nor shall it directly and indirectly solicit or market goods and services whether on behalf of their mother company, branches, affiliates, subsidiaries or any other company.
The ROHQ cannot directly and indirectly engage in the sales and distribution of goods and services of its mother company, branches, affiliates, subsidiaries or any other company.
Section 8. Issuance of Certificate of Registration and License.- Upon submission of all the required documents and the application having been favorably endorsed by the Board of Investments and the Bangko Sentral ng Pilipinas in case of ROHQ’s of banking and quasi-banking institutions, the SEC shall issue to the applicant company an amended Certificate of Registration and License authorizing it to establish a regional operating headquarters in the Philippines.
The Certificate of Registration and License for the establishment and operation of the regional or area headquarters of the multinational company shall be surrendered to the SEC for cancellation.
ROHQ’s of banking and financial institutions, in addition to the foregoing application, shall also obtain licenses from the Banko Sentral ng Pilipinas in accordance with its prescribed rules and regulations.
D. INCENTIVES TO EXPATRIATES
Section 9. Multiple Entry Visa.- Upon submission of all necessary documents, the Bureau of Immigration shall issue the multiple entry special visa to foreign personnel of regional or area headquarters and regional operating headquarters of multinational companies, their respective spouses and unmarried children under twenty-one (21) years of age, if accompanying them or it following to join them after their admission into the Philippines as non-immigrant within seventy-two (72) hours upon submission of all required documents. This is without prejudice to the authority of the Department of Foreign Affairs to issue visas.
The foregoing documents shall include a duly authenticated certificate issued by a responsible officer of the applicant company stating to the effect that the person who seeks entry into the Philippines is an executive of the applicant company and will work exclusively for applicant’s regional or area headquarters or regional operating headquarters which duly licensed to operate in the Philippines, and that he will receive a salary and will be paid by the headquarters in the Philippines an amount equivalent to at least twelve thousand United States dollars ($12,000.00), or the equivalent in other foreign currencies per annum.
The visa shall be valid for a period of three (3) years to enter the Philippines.
The admission and stay shall be co-terminus with the validity of the multiple entry special visa. The stay, however, is extensible for three (3) years upon submission to the Bureau of Immigration of a sworn certification by a responsible officer of the regional or area headquarters or Regional operating headquarters; that its license to operate remains valid and subsisting and that the regional headquarters or regional operating headquarters has withheld tax due on compensation and the same has been paid to the Bureau of Internal Revenue.
Non-immigrants who have been admitted under the multiple entry special visa, as well as their respective spouses and dependents, shall be exempt from; the payment of all fees due under immigration and alien registration laws; securing alien certificates of registration; and obtaining emigration clearance certificates, except reasonable administrative costs. They are also exempt from all types of clearance required by any government department or agency, except that upon final departure from the Philippines the employer of the said non- immigrants shall so advise in writing the Bureau of Immigration at least five (5) working days prior to the non-immigrant’s departure and the finally departing non-immigrant employee shall be required to submit to the said office a tax clearance from the Bureau of Internal Revenue.
Section 10. Withholding Tax of 15% on Compensation Income. – Alien executives occupying managerial and technical positions employed by the regional or area headquarters and regional operating headquarters of multinational companies shall be subject for each taxable years upon their gross income received as salaries, wages, annuities, compensations, remunerations and emoluments to a final tax equal to fifteen percentum (15%) of such gross income.
The same tax treatment is applicable to Filipinos employed and occupying the same positions as those aliens employed by multinational companies, regardless of whether or not there is an alien executive occupying the same position.
Qualified Filipino employees shall have the option to be taxed at either 15% of gross income or at the regular tax rate on their taxable income in accordance with the National Internal Revenue Code, as amended by RA 8424.
Section 11. Tax and Duty Free Importation of Personal and Household Effects. – This privilege may be enjoyed by an alien executive of the regional or area headquarters and regional operating headquarters of a multinational company provided that the personal and household effects shall arrive in the Philippines within ninety (90) days before or after conversion of the alien executive’s admission category to multiple entry visa issued.
Section 12. Travel Tax Exemption.- Travel tax exemption shall be granted by the Philippine Tourism Authority (PTA) upon recommendation of the BOI, to personnel of regional or area headquarters and regional operating headquarters of multinational companies and the dependents of such foreign personnel if joining them during the period of their assignment in the Philippines, as certified by the Board of Investments.
For this purpose, the regional or area headquarters or regional operating headquarters shall submit a certification as to the purpose, duration and designation of travel.
E. INCENTIVES TO REGIONAL OR AREA HEADQUARTERS AND REGIONAL OPERATING HEADQUARTERS
Section 13. Corporate Income Tax.- Regional or area headquarters are exempt from payment of corporate income taxes. However, they shall file an annual information return of an tax exempt corporation in accordance with the provisions of National Internal Revenue Code, as amended and its Implementing Rules and Regulations.
Income derived by ROHQ’s from performing the qualifying services shall be subject to the preferential rate of 10% on taxable income in accordance with the provisions of the National Internal Revenue Code, as amended. Moreover, any income derived from Philippine sources by the ROHQ when remitted to the parent company shall be subject to the tax on branch profit remittances as provided for in Section 28 (a)(5) of the National Internal Revenue Code, as amended.
Section 14. Value-Added Tax. – Regional or area headquarters shall be exempted from the value-added tax. The sale or lease of goods and property and the rendition of services to regional or area headquarters shall be subject to zero percent (0%) VAT rate as provided for in the National Internal Revenue Code, as amended.
The regional or area headquarters shall not be required to obtain or secure a prior permit from the Bureau of Internal Revenue for Zero-Rating of the supplier’s sale of goods and services to them.
In general, the regional operating headquarters shall be subject to the ten percent (10%) value-added tax unless otherwise provided under the National Internal Revenue Code, as amended or other existing laws.
Section 15. Exemption from all Kinds of Local Taxes, Fees, or Charges.- The regional or area headquarters and regional operating headquarters of multinational companies shall be exempt from all kinds of local taxes, fees, or charges imposed by a local government unit except real property tax on land improvements and equipment.
Section 16. Tax and Duty Free Importation of Training Materials and Equipment.- Regional or area headquarters and regional operating headquarters shall enjoy tax and duty free importation of equipment and materials for training and conferences which are needed and used solely for their functions as regional or area headquarters or regional operating headquarters and which are not locally available subject to the prior approval of the Board of Investments.
Training materials shall refer to equipment and materials exclusively appropriate and shall be used in holding seminars and conferences, such as video equipment, slides, printed materials and other visual aids. The sale or disposition of equipment within two years after importation, entered tax and duty free, shall require prior approval of the Board of Investments and prior payment of applicable taxes and duties waived in favor of RHQ/ROHQ.
Section 17. Importation of Motor Vehicles. – Regional or area headquarters and regional operating headquarters shall be entitled to the importation of new motor vehicle subject to the payment of the corresponding taxes and duties.
Section 18. Suspension of Availment of Incentives._ No availment of incentives by regional or area headquarters or regional operating headquarters shall be allowed if found delinquent in the compliance of any of the terms and conditions for registration including such reports and statistical data which may be required by the SEC or the BOI.
Section 19. Visitorial powers. – In the public interest and/or for the enforcement of any applicable law, rules and regulations, The BOI, SEC or any government office having jurisdiction on the matter may, through any of its duly authorized representatives, conduct necessary examination of records and books of accounts of the regional or area headquarters and regional operating headquarters in the Philippines, make pertinent inquiries from its officials and take such action as may be necessary for the proper exercise of its authority.
Section 20. Withdrawal/Closure of Regional Headquarters and Regional Operating Headquarters. Applications for withdrawal or closure of regional or area headquarters and regional operating headquarters shall be filed with the Securities and Exchange Commission for appropriate consideration provided that a favorable recommendation is obtained from the Board of Investments.
Section 21. Penalties.- Any violation by the regional or area headquarters or a regional operating headquarters in the Philippines of any of the provisions of Book III of the Omnibus Investments Code of 1987, as amended or these rules and regulations, or other terms and conditions of its registration, or any provision of any existing applicable laws shall constitute s sufficient cause for the cancellation of its Certificate of Registration and License.
RULE XVIII. MULTINATIONAL COMPANIES ESTABLISHING REGIONAL WAREHOUSES
Section 1. Application for the Establishment of a Regional Warehouse.- Multinational Companies who have established regional or area headquarters or regional operating headquarters under Book III of the Omnibus Investments Code of 1987, as amended, shall file an application for the establishment of regional warehouse(s) with Philippine Economic Zone Authority or the concerned ecozone authority in a form prescribed for this purpose, describing the premises, the location and capacity of the regional warehouse and the purpose for which the building is to be used, accompanied by the following documents:
(a) A certification from the Philippine Consulate/Embassy, or the Philippine commercial office or from the equivalent office of the Philippine Department of Trade and Industry in the applicant’s home country that said foreign firm is an entity engaged in international trade and supplies spare parts, components, semi-finished products and raw materials to its distributors or markets in the Asia-Pacific Region and other foreign markets. In case the certification is issued by the equivalent office of the Philippine Department of Trade and Industry, the same shall be authenticated by the Philippine Consulate/Embassy.
(b) A duly authenticated certification from the principal officer of the foreign entity to the effect that the said foreign entity has been authorized by its Board of Directors or governing body to establish its regional warehouse in the Philippines. Specifying that:
(1) The activity of the regional warehouse shall be limited to serving as a supply depot for the storage, deposit, safekeeping of its spare parts, components, semi-finished products and raw materials including the packing, covering, putting up, marking, labelling and cutting or altering to customers specification , mounting and/or packaging into kits or marketable lots thereof, to fill up transactions and sales made by its head offices or parent companies and to serving as storage or warehouse of goods purchased locally by the home office of the multinational for export abroad;
(2) The articles to be stored in the warehouse are spare parts, components, semi-finished products and raw materials of the multinational company operator for distribution and supply to its Asia Pacific and other foreign markets including packaging, coverings, brands, label and warehouse equipment as provided in Article 69(a) of R.A. 8756; (3) That the entry or importation, storage or re-export of the goods destined for or to be stored in the regional warehouse will not involve any dollar outlay from Philippine sources;
(4) That they are of such character as to be readily identifiable for re-export; and in case of local distribution they shall be subject to Article 68(1), Article 69 paragraph (b).
(5) That for Regional Warehouse operating outside the ecozone, it shall file an ordinary warehousing bond in an amount equal to one hundred per cent (100%) of the ascertained customs duties on the articles imported without prejudice to its filing a general warehousing bond in lieu of the ordinary warehousing bond.
For a regional warehouse operating inside the ecozone, it shall comply with all rules, regulations and procedures of PEZA or the concerned ecozone authority, and the Bureau of Customs in regard to the movement of goods into and from the regional warehouse in the ecozone.
(6) The regional warehouse shall not directly engage in trade nor directly solicit business, promote any sale, nor enter into any contract for the sale or disposition of goods in the Philippines, Provided that a regional warehouse may be allowed to withdraw imported goods from said warehouse/s for delivery to an authorized distributor in the Philippines: Provided, however, that the corresponding taxes, customs duties and charges under the Tariff and Customs Code and value added tax (VAT) have been paid by the headquarters of the said multinational upon arrival of such goods.
(7) The regional warehouse shall maintain a separate book of accounts of its delivery of said goods to the aforesaid distributor in the Philippines which shall be treated as a sale made by the headquarters rather than that of its head office, any representation as to who is the seller to the contrary notwithstanding, Provided, that the aforementioned sale shall be governed by the provisions of value added tax in accordance with the National Internal Revenue Code as amended by R.A. 8424 Provide, furthermore, that the income from the aforementioned sale to the said distributor shall be treated as income derived by the said headquarters from sources within the Philippines and shall be subject to the corporate income tax of a resident foreign corporation under the NIRC as amended, the provision of any law to the contrary notwithstanding.
(8) The personnel of a regional warehouse will not participate in any manner in the management of any subsidiary, affiliate or branch office it might have in the Philippines other than the activities allowed under the law and shall be responsible for the operation of the regional warehouse subject to the provisions of this Code.
Section 2. Multinational companies without regional headquarters or regional operating headquarters.- Multinational companies who have not established regional or area headquarters or regional operating headquarters in the Philippines under Book III hereof shall be allowed to file simultaneously an application to establish a regional warehouse(s) under Book IV of the Code in a form prescribed for the purpose accompanied by the documents mentioned in the preceding section and under Section I, Rule XVII of these Implementing Rules and Regulations.
The application for the establishment of the regional warehouse by the applicant with the PEZA or concerned ecozone authority shall be processed upon receipt thereof. Issuance of the license for the regional warehouse shall, however, be held in abeyance until the Certificate of Registration and License to establish regional headquarters or regional operating headquarters under Book III to the Code is issued by the Securities and Exchange Commission.
Section 3. Due Course Letters.- The PEZA or concerned ecozone authority, upon submission by the applicant of all the documents required in Section 1 hereof and said documents having been found satisfactory, shall issue in favor of the applicant a Due Course Letter, specifying the terms and conditions for compliance.
Section 4. Certificate of Registration and License.-Upon acceptance of the terms and conditions and compliance with pre-registration requirements, the PEZA or concerned ecozone authority shall issue in favor of the applicant company a Certificate of Registration and License authorizing it to establish regional warehouse(s). Payment of license fees and other fees/charges shall be determined by PEZA or the concerned ecozone authority.
Section 5. List of Articles to be Imported.- Only articles authorized by the concerned agency to be imported shall be transferred and stored at the regional warehouse. For this purpose, the concerned agency shall furnish the Collector of Customs a list of importable articles as well as amendatory or supplemental lists.
Section 6. Period of Storage in the Regional Warehouse.-The provision of the law in Section 1908 of the Tariff and Customs Code of the Philippines, as amended, to the contrary notwithstanding, articles duly entered for warehousing may remain in the regional warehouses for a period of two (2) years from the time of transfer to the regional warehouses, which period may be extended with the approval of the PEZA or the concerned ecozone authority with respect to regional warehouses in ecozone, or of the Board of Investments with respect to existing regional warehouse outside ecozones for an additional period of one (1) year upon payment of the corresponding storage fee on the unexported articles, as provided for under Article 68(4), for each extension until they are re-exported in accordance with the guidelines implementing Book IV of this Code. Articles not withdrawn within the reglementary period shall be examined, assessed and the corresponding duties and taxes thereon collected, Provided, articles withdrawn, released or removed contrary to the provisions of existing laws shall be forfeited pursuant to Article 69(b) of R.A. 8756.
Section 7. Rules and Regulations on the Jurisdiction, Operation and Control Over Qualified Goods in the Regional Warehouse.- The Board of Investments, the PEZA, concerned Ecozone authorities and the Bureau of Customs shall jointly issue special rules and regulations on the receiving, handling, custody, entry, examination, classifications, delivery, storage, warehousing, manipulation and packaging, release for re-exportation or for importation and delivery to a Philippine distributor and for the safekeeping, recording, inventory and liquidations of said qualified goods, any existing law notwithstanding. Such rules and regulations shall be formulated in consultation with the applicants/operators of regional warehouses, provided that pending the issuance thereof, existing rules and regulations shall be observed.
Section 8. Manipulation of Articles in the Warehouse.- All works on articles-shall be done inside the warehouse. The articles being prepared for re-export or for local consumption may be repacked, packaged, covered, put up, marked, labeled, cut or otherwise altered but in no case shall processing be undertaken unless authorized by the concerned Agency.
Section 9. Limitations on Withdrawals for Domestic Use.- The percentage of annual allowable withdrawal for domestic use of warehouses located outside ecozones shall be subject to the approval of the Board of Investments, or of the PEZA or concerned ecozone authorities with respect to warehouses located within the ecozone: Provided, however, That in the case of existing warehouses, in no case shall their withdrawals exceed thirty percent (30%) of the value of goods they have brought in for any given year and the payment of the corresponding taxes and duties shall have been made upon the arrival of such goods imported: Provided, further, that the PEZA or concerned ecozone authorities may allow withdrawal exceeding thirty percent (30%) of the value of goods under such terms and conditions the PEZA or concerned ecozone authorities may impose, Provided, finally, that the sale of goods to the domestic market beyond the allowed percentage described above shall be subject to the taxes and duties imposed under existing laws.
Only goods for which taxes and duties have been paid thereon upon arrival shall be allowed to be withdrawn for domestic sale.
Section 10. Tax treatment of Income derived from Sale to Domestic Market.- The income derived from the sale to the distributor shall be treated as income derived by the said headquarters from sources within the Philippines and shall be subject to the corporate income tax of a resident foreign corporation under the National Internal Revenue Code, as amended, the provision of any law to the contrary notwithstanding.
Section 11. Storage of Locally Purchased Goods for Export.-The regional warehouse may also serve as a storage or warehouse of goods purchased locally by the present company or home office for export provided that such purchases shall be stored separately from importations.
Section 12. Assignment of Customs Personnel to the Regional Warehouses.- The Collector of Customs shall assign such customs personnel as may be necessary to supervise the operations of regional warehouses outside ecozones. The operator shall provide customs personnel with suitable working space complete with the supplies and equipment.
Section 13. Books and Records.- Books of account and other records as may be prescribed by the PEZA or the ecozone authority with respect to regional warehouses in ecozones, or by the Bureau of Customs with respect to regional warehouses outside ecozones, shall be maintained by the operator and kept at all times in their places of business and shall be made available, as required, to duly authorized representatives of the concerned agency.
Section 14. Visitorial Power.- In the public interest and/or for the effective implementation of Book IV of this Code, the Board of Investments, the PEZA or concerned ecozone authority and the Bureau of Customs may, through any of its duly authorized representatives, exercise the following functions:
a) Conduct such investigations as it deems necessary to determine whether or not a multinational company which has registered its regional warehouse in the Philippines is complying with the provisions of Book IV of this Code or of any applicable laws, rules and regulations, including but not limited to:
1) Conducting necessary examination of the books and records of accounts of the regional warehouse;
2) Determining all the facts and circumstances concerning the matter to be investigated, including making inquiries from its personnel; and
3) Taking such action as may be necessary for the proper exercise of its authority.
b) Request such other reports, financial or otherwise, as may be necessary in the public interest or for the proper compliance of this Code: provided, that such requirement shall be applicable to all those similarly situated;
c) Take such proper proceedings to recommend the revocation or cancellation of the license or registration of the regional headquarters or regional operating headquarters of the multinational company which has established a regional warehouse in the Philippines in case the same is found to have willfully violated any provisions of this Code and these implementing rules and regulations.
Section 15. Cancellation of License or Registration.- Any willful violation by the regional or area headquarters or regional operating headquarters of a multinational company which has established a regional warehouse or warehouses contrary to or in violation of the provisions of existing laws and the implementing guidelines of Book IV of this Code shall constitute a sufficient cause for the cancellation of its license or registration in addition to the penalties herein-above provided in Article 69, paragraph (b) hereof.
The Board of Investments, the PEZA or concerned ecozone authorities, as the case may be, shall have the authority to impose such fines in amounts that are just and reasonable in cases of late submission or non-compliance on the part of registered enterprises, with reporting and other requirements under this Code and its implementing rules and regulations.
RULE XXIX – REPEALING AND EFFECTIVITY CLAUSES
Section 1. All other rules and regulations or parts thereof, inconsistent with the foregoing rules and regulations are repealed, amended or modified accordingly. 17
Section 2. These Rules shall take effect thirty (30) days following its complete publication in a newspaper of general circulation in the Philippines.
APPROVED:
(Sgd.) MAR ROXAS (Sgd.) DOMINGO L. SIAZON
Secretary Secretary
Department of Trade and Industry Department of Foreign Affairs
(Sgd.) LILIA R. BAUTISTA (Sgd.) DAKILA B. FONACIER
Chairman Commissioner
Securities and Exchange Commission Bureau of Internal Revenue
(Sgd.) RAFAEL BUENAVENTURA (Sgd.) RUFUS B. RODRIGUEZ
Governor Commissioner
Bangko Sentral ng Pilipinas Bureau of Immigration
(Sgd.) RENATO A. AMPIL (Sgd.) ANGELITO T. BANAYO
Commissioner General Manager
Bureau of Customs Philippine Tourism Authority
(Sgd.) LILIA B. DE LIMA (Sgd.) FELICITO C.PAYUMO
Director-General Chairman
Philippine Economic Zone Authority Subic Bay Metropolitan Authority
(Sgd.) ROGELIO L. SINGSON (Sgd.) ROGELIO L. SINGSON
Chairman Chairman
Bases Conversion Development Authority Clark Development Corporation
(Sgd.) RODOLFO O. REYES
Administrator
Cagayan Economic Zone Authority |
