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List of nationalized activities and the agencies of the Government powered under special laws to _______ employment of aliens thereat.
- Coal Land Exploration
- Citizenship requirements-
Public Act 2719 as amended by Act 3516, R.A. 740, and P.D. 972 - Lessee of unreserved and unappropriated coal bearing lands is limited to Filipino citizens or judicial persons with at least 60% Filipino capital.
- Agency Exercising Jurisdiction
Energy Development Board - (See Sec. 6, P.D. No. 910)
- Provision on employment of foreign nationals -
P.D. No. 972 Sec. 16. Incentives to Operators
(f) Entry upon the sole approval of the Energy Development Board which shall not be unreasonably withheld of alien technical and specialized personnel (including the immediate members of their families) who may exercise their profession only for the operation of the operator as prescribed in its coal operating contact with the government under this Decree:
- Geothermal Energy
- Citizenship requirements -
R.A. No. 5092 - Re-granting of permits and/or leases for exploration, tapping and utilization of geothermal energy, natural gas and methane gas. Lessee or permitte must be citizen of the Philippines or juridical person with at least Filipino capital (Sec.6).
- Agency Exercising Jurisdiction -
Energy Development Board - (See sec. 6 P.D. No. 910)
- Provisions on employment of foreign nationals -
R.A. No. 5092, Sec. 28 - Employment of Filipino Permittees and .or lessees and their contractors or operators are obligated to give preference to Philippine citizens types of employment within the country insofar as citizens are qualified to perform the corresponding with reasonable efficiency and without hazard to the safe the operations; and are obligated likewise to maintain effective programs of training and advancement commensurate with demonstrated abilities of such citizens to perform satisfactorily the various types of operations involved. The permittees and/or lessess, however, shall not be hindered from employees of their own selection and without restriction for executive or technical work and for all other work which in their judgment and with the approval of the Director of Mines (Energy Development Board under P.D. No. 910) requires highly specialized training or long experience.
- Minerals other than Geothermal Energy, Petroleum and Coal
- Citizenship Requirements -
C.A. No. 137 (Mining Act), as amended by C.A. 309, R.A. Nos. 225 & 746 and R.A. No. 4388 and 463 - Disposition, exploitation, development or utilize of minerals and mineral lands of the public domain, limited to Filipino citizens or corporations or associations with at least 60% Filipino capital.
- Agency Exercising Jurisdiction -
Bureau of Mines
- Provisions on Employment of Foreign Nationals -
Sec. 60. Employment of Filipinos - Lessees under this Decree are obligated to give preferences to Philippine citizens in all types of mining employment within the country x x x. The lessee, however, shall not be hindered from using employees of their own selection, subject to the provisions of C.A. No. 613, as amended, for technical and specialized work which, in their judgment and with the approval of the Director, requires highly specialized training or long experience in exploration, development or exploitation of the mining claim; Provided, that in no case shall each employment exceed five (5) years; Provided, further, That no foreigner shall be employed as mine manager, vice president for operation without passing the appropriate or pertinent government licensing examination or unless in special cases permitted by the Director for a period not exceeding one (1) year.
- Surigao Mineral Deposits Reservation -
- Citizenship Requirements -
R.A. No. 1828, Sec. 1. x x x it is hereby declared to be the policy of the Government to undertake such development, exploitation, utilization, processing and disposition, either by itself, or jointly with private enterprise, or by engaging and utilizing the services of persons or corporations, as independent contractors sixty per centum (60%) of the capital stock of which is owned and controlled by persons under the Constitution to exploit, develop and utilize the natural resources of the Philippines.
- Agency Exercising Jurisdiction -
Surigao Mineral Reservation Board -
Created under R.A. No. 2077, amending R.A. No. 1828,
Sec. 2. There is hereby created the Surigao Mineral Reservation Board, x x x to carry out the provisions of this Act.
- Provisions on Employment of Foreign Nationals -
Sec. 3. The President may grant to the government entity which may operate the Reservation under 1022 of Section two or to the operator under paragraph three of the section, as the case maybe, the following rights and privileges:
x x x x x x
(4) Importation of highly technical and specialized personnel and executive staff, who may exercise without examination or certification their profession solely for this undertaking subject to such regulations as maybe prescribed by the Office or agency to be created and designated x x x x and provided, That if the alien technicians lose their employment, the applicable laws and regulations on immigrants shall apply to such alien technicians and their immediate families.
- BOI Registered Enterprises -
- Citizenship Requirements -
R.A. No. 5186 - BOI registered enterprises engaged in any area declared as preferred, "-pioneer" in the Investment Priorities Plan is limited to corporations at least 60% capital stock of which is owned and held by Philippine nationals, and at least 60% of the members of the Board of Directors of which are citizens of the Philippines. Sec 3(b)/
- Agency Exercising Jurisdiction -
Board of Investments
Sec. 13. Board of Investments created to carry out the purpose of the Act.
- Provisions on Employment of Foreign Nationals -
Sec. 7(g) Employment of Foreign Nationals - Subject to the provisions of Sec. 29 of C.A. No. 613 as amended, an enterprise may within five years from registration employ foreign nationals in supervisory, technical or advisory positions not in excess of five per centum of its total personnel in each category; Provided, That in no case shall each employment exceed five years. The employment of foreign nationals after five years from registration, or within such five years but in excess of the proportion herein provided, shall be governed by Sec. 20 of C.A. 613, as amended.
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