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PHILIPPINES

Since October 2003, last amended in October 2016

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Implementing Rules and Regulations of Republic Act No. 9184
Sections 23.5.1.1 and 24.3.1 of the 2016 Implementing Rules and Regulations of Republic Act No. 9184 provide that partnerships, corporations, and joint ventures with at least 60% Filipino ownership are considered eligible bidders for public procurement of goods and services. However, the procurement of infrastructure projects is more restrictive, which can discourage foreign contractors from participating in digital infrastructure, such as cloud services. Foreign contractors (those with less than 75% Filipino ownership) are allowed only when provided for under any treaty or international or executive agreement or if they form a joint venture with local contractors (Subsection 23.4.2). These provisions have been in force since the first Implementing Rules and Regulations of 2003.
Coverage Horizontal

PHILIPPINES

Since January 2003
Since October 2003, as amended in 2009, last amended in October 2016

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Government Procurement Reform Act - Republic Act No. 9184

Implementing Rules and Regulations of Republic Act No. 9184
The Government Procurement Reform Act acts as the enabling framework for preferential procurement by virtue of Art. XII, Section 43. In the interest of availability, efficiency and timely delivery of goods, the procuring entity may give preference to the purchase of domestically produced and manufactured goods, supplies and materials that meet the specified or desired quality. Rule XII of the Implementing Rules and Regulations outlines the implementation and process of preferential procurement, wherein the procurement award should be made to the lowest domestic bid, provided that it is not more than 15% in excess of the lowest foreign bid. The 2003 IRR only provided for a general preference.
Coverage Horizontal

PHILIPPINES

Since October 2003, as amended in 2009, last amended in October 2016

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Implementing Rules and Regulations of Republic Act No. 9184
Section 24.3.2 of the Implementing Rules and Regulations (IRR) of Republic Act No. 9184 specifies that, in cases where consulting services involve regulated professions, the individuals actually performing these services must be Filipino citizens and registered professionals, authorised by the appropriate regulatory body to practice the relevant professions and their associated fields. Although this provision was initially introduced in the 2003 IRR, it previously applied only to partnerships, corporations, and joint ventures. Under the 2009 IRR, however, the provision effectively prohibits foreign consultants from directly providing their professional services in these regulated areas.
Coverage Horizontal

PHILIPPINES

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
The Philippines is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2019.
Coverage Horizontal

PHILIPPINES

Since February 1987

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
The Constitution of the Republic of the Philippines
Section 11 of Article XVI of the Constitution of the Republic of the Philippines mandates that the ownership and management of mass media must be restricted to Filipino citizens or corporations entirely owned and managed by Filipinos. In 2018, it was reported that the Philippine government revoked the operating licence of Rappler, one of the country’s leading news websites, alleging that the organisation had violated the constitutional provision restricting media ownership to Philippine citizens. As of September 2023, the appeal against this decision remained pending before the Court of Appeals.
Coverage Mass media

PHILIPPINES

Since June 2022
Since March 2000, as amended in December 2021
Since March 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Executive Order No. 175 Promulgating the Twelfth Regular Foreign Investment Negative List

Retail Trade Liberalization Act of 2000

Implementing Rules and Regulations of the Retail Trade Liberalization Act of 2000 as amended by Republic Act No. 11595
According to List A of the Twelfth Regular Foreign Investment Negative List and Section 5 of the Retail Trade Liberalisation Act, as amended by Republic Act No. 11595, foreign investment in small retail enterprises is restricted to Philippine nationals. Retail trade businesses with capital below USD 500,000 are exclusively reserved for Filipino citizens. In addition, Section 3 of Rule III of the Implementing Rules and Regulations of the Retail Trade Liberalisation Act explicitly stipulates that this limitation extends to foreign retailers operating solely through online platforms.
Coverage E-commerce sector
Sources

PHILIPPINES

Since June 1991, last amended in March 2022
Since June 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Foreign Investment Act of 1991 - Republic Act No. 7042

Executive Order No. 175 Promulgating the Twelfth Regular Foreign Investment Negative List
The Foreign Investment Act requires the publication of the Foreign Investment Negative List (FINL) every two years, which outlines sectors in which foreign investment is restricted. According to List B of the 2022 FINL, up to 40% foreign equity is allowed in micro and small domestic market enterprises with paid-in equity capital of less than the equivalent of USD 200,000 and micro and small domestic market enterprises that involve advanced technology or are endorsed as startup or startup enablers by state agencies; or those whose majority of direct employees are Filipinos provided that their Filipino employees should not be less than 15, and with a paid-in equity capital of less than the equivalent of USD 100,000.
Coverage Horizontal
Sources

PHILIPPINES

Since June 1991, last amended in March 2022
Since June 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Foreign Investment Act of 1991 - Republic Act No. 7042

Executive Order No. 175 Promulgating the Twelfth Regular Foreign Investment Negative List
The Foreign Investment Act requires the publication of the Foreign Investment Negative List (FINL) every two years, which outlines sectors in which foreign investment is restricted. According to List A of the 2022 FINL, advertising is limited to 30% foreign equity.
Coverage Advertising sector
Sources

PHILIPPINES

Since February 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Revised Corporation Code of the Philipines - Republic Act No. 11232
Section 4 of the Revised Corporation Code of the Philippines (RA 11232) mandates a residency requirement for select corporate officers, namely the treasurer and the secretary.
Coverage Horizontal

PERU

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Peru has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

PERU

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Peru has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

PERU

Since 2000

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Peru has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

PERU

Since April 1993
Since January 2006, last amended in June 2019
Since July 2008

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Telecommunications Law Supreme Decree No. 013-93-TCC (Ley de Telecomunicaciones Decreto Supremo 013-93-TCC)

Specific Regulations for Homologation of Telecommunications Equipment and Apparatus (Reglamento Específico de Homologación de Equipos y Aparatos de Telecomunicaciones)

Ministerial Resolution No. 521-2008-MTC/03 (Resolución Ministerial N. 521-2008-MTC/03)
According to Art. 63 of the Telecommunications Law, all equipment or apparatus that has to be connected to a public network to provide any type of service or is used to carry out radioelectric emissions must have the corresponding approval certificate (“certificado de homologación”). According to Art. 75 of the Law, this procedure is carried out by the Peruvian Government through the Ministry of Transport and Communications, which can delegate powers to entities and laboratories for measurements and tests.
According to Art. 8 of the Specific Regulations for Homologation of Telecommunications Equipment and Apparatus, the homologation of telecommunications equipment and/or devices that produce radioelectric emissions is subject to the payment of a processing fee, and applicants must submit a copy of the technical manual with specifications for the equipment or appliance to be approved, indicating the mark, model, and name and address of the manufacturer. Ministerial Resolution N. 521-2008-MTC/03 established the recognition of approval certificates or similar documents for telecommunications equipment and devices from the United States and Canada.
Coverage Telecom equipment

PERU

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 200, following the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

PERU

Since September 2010

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Code Law No. 29,571 (Código de Protección y Defensa del Consumidor Ley N. 29,571)
The Consumer Protection Code Law provides a comprehensive consumer protection framework that applies to online transactions. According to Art. 2 of the law, the purpose of the Code is for consumers to have access to suitable products and services and to enjoy the rights and effective mechanisms for their protection, reducing information asymmetry, correcting, preventing, or eliminating conducts and practices that affect their legitimate interests.
Coverage E-commerce sector

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