Published by Department of Energy(DOE) on Nov. 10, 2023.
Requested from DOE by S. Yap at 06:23 PM on
Nov. 10, 2023.
Purpose: Business & Employment
Date of Coverage: 11/10/2023 - 11/10/2023
Tracking no: #DOE-188124435851
S.YAP
Nov. 10, 2023, 6:23 p.m.
Hi,
Last year (Nov 2022), Department of Energy (DOE) aready opened up the Renewable Energy Sector for 100% foreign investment and sought to update the Foreign Investment Negative List.
However, the last (12th) Regular Foreign Investment Negative List (RFINL) was published in June 2022 in which Renewable Energy is in Negative List and allows max 40% Foreign Ownership only.
In the absence of any updated RFINL, what's the status of Renewable Energy Sector- is it open for 100% or 40% foreign investment & ownership?Does any EO clarifies this, which also would be acceptable by SEC & DOLE?
R.DIVISION
Nov. 13, 2023, 9:08 p.m.
November 13, 2023
Dear Citizen,
Thank you for your request dated Nov 10, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Whether the Renewable Energy Sector is still part of Foreign Investment Negative List?.
We received your request on Nov 10, 2023 and will respond on or before Dec 01, 2023 06:23:22 PM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPRS0xODgxMjQ0MzU4NTEM, for request with ticket number #DOE-188124435851.
Thank you.
Respectfully,
Imelda M. Roxas
Records Management Division
DOE FOI Receiving Officer
R.BUREAU
Nov. 23, 2023, 8:21 a.m.
November 23, 2023
Dear Citizen,
Greetings!
Thank you for your request dated Nov 10, 2023, 06:23:22 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You asked Whether the Renewable Energy Sector is still part of the Foreign Investment Negative List?.
Response to Request
The DOE, allows 100% foreign investments in the exploration, development, production, and utilization of renewable energy resources through the issuance of Department Circular (DC) No. DC2022-11-0034 in November 2022, prescribing amendments to Section 19 of the Renewable Energy Act’s Implementing Rules and Regulations.
However, the following activities, as mentioned in the DC, shall be reserved for Filipino citizens or corporations or associations at least 60% of whose capital is owned by Filipinos:
1. The appropriation of water direct from a natural source;
2. The exploration, development, and utilization of geothermal resources, except for financial or technical assistance agreements covering the large-scale exploration;
3. The utilization of timber and non-timber forest products originating from lands of the public domain and private lands where the collection, harvesting, and processing of timber or wood are permitted or the utilization of naturally-occurring flora on lands of the public domain.
Please see the attached DC for your reference.
Your right to request a review
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to the DOE Secretary. Your review request should explain why you are dissatisfied with this response and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
Thank you.
Respectfully,
Renewable Energy Management Bureau
FOI Receiving Officer
Thanks for the reply! However, I am sorry to say that it doesn't answer my query whether the Renewable Energy Sector is still part of Negative list or not -- particularly --Exploration, development, and utilization of Solar, wind and other renewable energy resources.
You have referred to the same DOE circular (November 2022), which I have already quoted in my query. Unfortunately, Department of Labour & Employment (DOLE) doesn't accept it. DOLE still follows the twelfth Regular Foreign Investment Negative List published in June 2022 and qualifies Exploration, development, and utilization of Solar, Wind and other Renewable Energy Resources as partially nationalized activity (i.e., 60-40 or max. 40% foreign equity). On the other hand, President Marcos has been promoting Renewable Energy Sector as 100% open for foreign investment and ownership for almost an year now.
I would request you to kindly clearly answer:
1) Whether Exploration, development, and utilization of Solar, wind and other renewable energy resources is still a partially nationalized activity i.e. part of Negative list? [Yes or No]
2) If YES, which Executive Order No. clarifies the same that would be acceptable to DOLE and SEC, too?
3) If NO, when shall we expect it to be out of Negative list TRULY / LEGALLY i.e. opened up for 100% foreign equity and ownership?
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