JOINT DENR-DTI
MEMORANDUM CIRCULAR
ON THE
ESTABLISHMENT OF A
REPUBLIC OF
THE
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DEPARTMENT OF TRADE AND INDUSTRY
SUBJECT: ESTABLISHMENT OF A
The Government has recently shifted
from a policy of tolerance to promotion in support to the revitalization of the
Philippine minerals industry. This policy shift aims to enhance economic growth
through the generation of wealth from the abundant mineral resources of the
country integrating the principles of sustainable development, namely:
environmental protection, economic development and social stability. The shift
also aims to attract local and foreign investments in mineral exploration and
development and downstream processing, to generate fiscal revenues for
government, and to promote infrastructure and community development for the
reduction of poverty in the countryside.
To address the special difficulties
of mining investors in transacting with government, the Department of
Environment and Natural Resources (DENR) and the Department of Trade and
Industry (DTI) have been directed by the President to set up a Mining
Investment Assistance Center (MIAC).
The MIAC aims to facilitate
transactions of mining investors with government by providing the following
assistance:
1. Information relative to mining
rights, investment policies, rules and procedures; fiscal regimes; business
norms; and environmental and social requirements;
2.
Coordination with and referrals to other government agencies concerned;
and
3.
Advisory services on matters pertaining to approaches and strategies in
doing business in the
III. Implementing and Cooperating Agencies
This Circular shall be jointly implemented by the
following agencies:
1.
The
DENR and its Bureaus and attached agencies, namely: Mines and Geosciences
Bureau (MGB), Environment Management Bureau (EMB), Forest Management Bureau
(FMB), Protected Areas and Wildlife Bureau (PAWB), Land Management Bureau
(LMB), the National Mapping Resources Information Authority (NAMRIA), and the
Natural Resources Development Corporation (NRDC); and
2.
The
DTI and the Board of Investments (BOI).
The
operations of the MIAC shall be implemented in coordination with the Department
of the Interior and Local Government (DILG) and the National Commission On Indigenous Peoples (NCIP).
The MIAC shall provide potential
investors with the following:
1. Technical, geological, legal and
investment information on potential mining investment opportunities in the
country;
2. Forms and other documents required
in the application of various permits, clearances, mining agreements/contracts,
etc.;
3.
Facilitation
services in the access to vital information and guidance on laws and procedures
in doing business in the
4.
Technical
and legal advisory and referral services on the various requirements, systems
and procedures for the application, processing, evaluation and approval of mining
rights;
5.
Environmental
and social acceptability counseling; and
6.
Addressing
issues on mining activities.
The MIAC shall establish the necessary linkages with the
various DENR-MGB regional “One Stop Shops”, and other government agencies
having specific authorities and responsibilities relative to the processing and
approval of mining applications including the National Commission on Indigenous
Peoples (NCIP), the Department of Interior and Local Government (DILG), and
other offices of the DENR and the DTI.
The DENR and DTI hereby agree to
cooperate in the establishment and operation of the MIAC under the following
terms and conditions:
A. The DENR shall:
1. Consolidate, maintain and make
available an updated copy of all regional mining tenements, geological, mineral
potential and other necessary base and thematic maps;
2. Make available copies of pertinent
laws, rules and regulations, and other issuances related to mining rights acquisition,
mineral lands administration, environmental protection, occupational safety and
health, investments, trade and taxation.
3. Make available to mining investors
copies of pertinent forms, model contracts/agreements, work and system flows,
and the like, relative to the acquisition of mining rights and permits;
4. Provide the appropriate technical
and legal expertise to address inquiries and requests for assistance.
5. Establish linkages and provide
technical assistance, training and support to the various Regional DENR-MGB
“One-Stop-Shops”;
6. Establish institutional arrangement
with its various bureaus and attached agencies and other government offices to
facilitate transactions and timely approvals, including issuance of area status
and clearances, Environmental Compliance Certificates (ECC), and forestry,
foreshore and land use permits.
7. Strengthen the existing system of
disseminating information on mining investment prospects and opportunities,
particularly the website.
B. The DTI shall:
1.
Provide
investment information, assistance and/or advisories to clients on the
following:
a. Qualifications and requirements for
BOI registration and availment of incentives.
b. Preparation of BOI application documents
and the acceptance of reports from BOI-registered firms.
c. Pertinent laws, regulations and
procedures relative to local and foreign investment, doing business in the
2.
Develop
and implement a joint venture matching for local and foreign investors on
mining investment projects.
3.
Coordinate
and network with concerned government agencies for the immediate resolution of
issues and concerns raised by various sectors, such as business organizations,
mining associations, non-government organizations, investors, etc.
4.
Coordinate
with other government offices in the processing and approval of permits,
clearances, documentary evidences and similar instruments needed in setting up
a mining business and investments.
5.
Provide
facilitation services on investor transaction with investment-related
institutions/regulatory agencies such as Securities and Exchange Commission, Bangko Sentral ng Pilipinas, Department of Labor
and Employment, Bureau of Immigration, Bureau of Customs, Local Government
Units, etc.
6.
Provide
training support to the MIAC staff on investor servicing and counseling.
1. The MGB shall take the lead in the operation
and management of MIAC.
2. MGB shall provide the office space,
core and support staff, communication and other facilities to run the MIAC.
3. The DENR shall designate focal
resource persons from its bureaus and attached agencies to the MIAC to provide
advisory and facilitation services to mining investors;
4. BOI shall designate and make
available investment experts to complement the services of the MIAC.
5. The MIAC shall establish
communication linkages or networks with other government agencies for access to
important information and databases relevant in addressing the queries of
potential investors; and
6. MGB and BOI shall coordinate with
the DILG and NCIP with regard to compliances with the requirements of the Local
Government Code and the Indigenous Peoples Rights Act, and addressing the needs
and concerns of the Local Government Units and the indigenous peoples,
respectively.
If any
clause, sentence or provision of this Circular shall be held invalid or
unconstitutional, its remaining parts shall not be affected thereby.
All orders, rules and regulations
inconsistent or contrary to the provisions of this Circular are hereby repealed
or modified accordingly.
This order shall take
effect immediately.
(Sgd.)
ELISEA G. GOZUN
|
(Sgd.) MANUEL A. ROXAS II
|
Secretary,
Department of Environment and Natural Resources
|
Secretary,
Department of Trade and Industry
|