Database

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PHILIPPINES

Since April 1997
Since December 2015

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
The Philippines is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

PHILIPPINES

Since February 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
The Implementing Rules and Regulations of the New Government Procurement Act (Republic Act No. 12009)
Section 52.4.1 of "The Implementing Rules and Regulations of the New Government Procurement Act" stipulates that the following entities are eligible to participate in the bidding process for the supply of goods: (a) duly licensed Filipino citizens or sole proprietorships; (b) partnerships duly constituted under Philippine law, of which at least 60% of the ownership interest is held by Filipino citizens; (c) corporations duly organised under Philippine law, with at least 60% of the outstanding capital stock owned by Filipino citizens; (d) cooperatives duly organised pursuant to Philippine law; and (e) joint ventures, defined as associations of two or more persons or entities undertaking joint and several liability for a specific contract, provided that Filipino ownership or interest therein is not less than 60%, such ownership being determined on the basis of the respective contributions of the joint venture partners as set out in their agreement, and further provided that each member’s primary business purpose is similar or related to the requirements of the project to be procured. Foreign bidders may likewise be deemed eligible, subject to the guidelines issued by the Government Procurement Policy Board, where participation is authorised under a treaty or international or executive agreement; where the foreign entity’s home jurisdiction affords reciprocal rights or privileges to Filipino individuals or entities; where the goods sought are unavailable from domestic suppliers; or where such participation is necessary to prevent circumstances that undermine competition or restrain trade.
Coverage Horizontal

PHILIPPINES

Since February 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
The Implementing Rules and Regulations of the New Government Procurement Act (Republic Act No. 12009)
Section 52.4.3 of "The Implementing Rules and Regulations of the New Government Procurement Act" provides that participation in the bidding for consulting services shall be limited to duly licensed Filipino citizens or sole proprietorships; partnerships organised under Philippine law with at least 60% Filipino ownership; corporations likewise organised under Philippine law with at least 60% of their outstanding capital stock owned by Filipino citizens; cooperatives duly organised under Philippine law; and joint ventures comprising two or more persons or entities that agree to assume joint and several liability for a specific contract. Where the procurement of consulting services involves professions regulated by law, those who will actually render the services must be Filipino citizens and duly registered professionals authorised by the relevant regulatory body to practise in such professions and allied fields. In order to demonstrate trust and confidence in, and to foster the development of, Filipino consultancy, foreign consultants may be engaged only where the head of the procuring entity determines that Filipino consultants lack the requisite expertise and capability to deliver the services required for the project.
Coverage Consulting services

PHILIPPINES

Since July 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
New Government Procurement Act (Republic Act No. 12009)
Section 79 of the "New Government Procurement Act" provides that the procuring entity shall accord priority and preference to Philippine products and services, and such preference shall be guaranteed at all stages of the procurement process, including with respect to raw materials, ingredients, supplies, and fixtures. The procuring entity shall award the contract to a domestic bidder where its bid does not exceed the lowest foreign bid by more than 25%. However, this priority and preference may be waived in specified circumstances, including where domestic production is insufficient or unavailable in the required commercial quantities, where the required quality cannot be satisfied, where applying such preference would be inconsistent with the Philippines’ obligations under international agreements, or where other analogous conditions arise.
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, entry into force in February 1987
Since June 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Constitution of the Republic of the Philippines

Executive Order No. 175 Promulgating the Twelfth Regular Foreign Investment Negative List
Section 11.1, Article XVI of the Constitution provides that the ownership and management of mass media shall be restricted to citizens of the Philippines, or to corporations, cooperatives, or associations wholly owned and managed by such citizens. This prohibition on foreign equity is reiterated in Section 1, List A of the Twelfth Regular Foreign Investment Negative List, although an exception is recognised for the recording and internet business sectors, with ‘internet business’ defined as referring to internet access providers that merely function as conduits for the transmission of messages, rather than as creators of content or information. Nonetheless, the restriction has reportedly been applied to an online news platform. In 2018, the Securities and Exchange Commission (SEC) found the digital media company Rappler to have infringed the constitutional and statutory limitations on foreign equity in mass media, although in 2024 the Court of Appeals ordered the reinstatement of the certificates of incorporation of Rappler Inc. and Rappler Holdings Corporation, holding that the organisation was wholly owned and managed by Filipino citizens.
Coverage Media sector

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

SINGAPORE

Since May 2012, last amended in March 2024

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Singapore Network Information Centre (SGNIC) Rules of Registration
Under Section 8.1 of the Singapore Network Information Centre (SGNIC) Rules of Registration, foreign applicants for ".sg " domain names must appoint and duly authorise a local agent as their administrative contact.
Coverage Horizontal

SINGAPORE

Since March 2004, last amended in February 2025

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Protection (Fair Trading) Act
The Consumer Protection (Fair Trading) Act provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

SINGAPORE

Signed in 2006, entry into force in March 2013

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Singapore has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SINGAPORE

Since July 2010, last amended in January 2025

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Electronic Transactions Act
Singapore enacted the Electronic Transactions Act, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

SINGAPORE

N/A

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

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