Common use of Other Business Services Clause in Contracts

Other Business Services. Services Incidental to Mining (883) Oil and Gas Exploration and Development 1) Unbound* 2) None 1) Unbound* 2) None Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 3) Up to 100 percent foreign equity participation is allowed provided there is President’s approval. The Constitution allows the President to enter into service contract agreement with foreign-owned corporation for technical, financial or other forms of assistance involving large-scale exploration, development and utilization of petroleum. Limitations listed in the horizontal section also apply. 3) None Limitations listed in the horizontal section also apply. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Geothermal Exploration and Development 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None Limitations listed in the horizontal section also apply. Coal Exploration and Development 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None Limitations listed in the horizontal section also apply. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Services Related to Energy Distribution (CPC 887) Energy distribution networks such as pipelines for transmission, distribution and supply of natural gas, and power transmission and distribution systems 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None, except as indicated in the horizontal section. Services Related to Power Generation Construction of Power Plants (as provided for under the BOT scheme) 1) Unbound* 2) None 3) Up to 100 percent foreign equity is allowed under the BOT scheme. However, a Special Contractor’s License is required to undertake construction activities. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) A Contractor’s License (Regular or Special) issued by the Philippine Contractors Accreditation Board (PCAB) is required to undertake construction activities. A. The Regular Contractor’s License is reserved for, and Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments issued only to, Filipino sole proprietorships or partnerships/corporations with at least 60 percent Filipino equity and duly organized and existing under and by virtue of Philippine laws. B. A Special Contractor’s License may be given to foreign companies on a project-to-project basis such as BOT. Limitations listed in the horizontal section also apply. Operation of power plants (as provided for under the BOT scheme) 1) Unbound * 2) None 3) None, except that electric cooperative operation is limited to Filipinos. 1) Unbound * 2) None 3) None, except as indicated in the horizontal section. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Limitations listed in the horizontal section also apply. Pipeline Transport (713) 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None, except as indicated in the horizontal section.

Other Business Services. Services Incidental to Mining (883) Oil and Gas Exploration and Development 1) Unbound* 2) None 1) Unbound* 2) None Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 3) Up to 100 percent foreign equity participation is allowed provided there is President’s approval. The Constitution allows the President to enter into service contract agreement with foreign-owned corporation for technical, financial or other forms of assistance involving large-scale exploration, development and utilization of petroleum. Limitations listed in the horizontal section also apply. 3) Unbound* None None Limitations listed in the horizontal section also apply. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Geothermal Exploration and Development 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None Limitations listed in the horizontal section also apply. Coal Exploration and Development 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None Limitations listed in the horizontal section also apply. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Services Related to Energy Distribution (CPC 887) Energy distribution networks such as pipelines for transmission, distribution and supply of natural gas, and power transmission and distribution systems 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None, except as indicated in the horizontal section. Services Related to Power Generation Construction of Power Plants (as provided for under the BOT scheme) 1) Unbound* 2) None 3) Up to 100 percent foreign equity is allowed under the BOT scheme. However, a Special Contractor’s License is required to undertake construction activities. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) A Contractor’s License (Regular or Special) issued by the Philippine Contractors Accreditation Board (PCAB) is required to undertake construction activities. A. The Regular Contractor’s License is reserved for, and Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments issued only to, Filipino sole proprietorships or partnerships/corporations with at least 60 percent Filipino equity and duly organized and existing under and by virtue of Philippine laws. B. A Special Contractor’s License may be given to foreign companies on a project-to-project basis such as BOT. Limitations listed in the horizontal section also apply. Operation of power plants (as provided for under the BOT scheme) 1) Unbound * 2) None 3) None, except that electric cooperative operation is limited to Filipinos. Limitations listed in the horizontal section also apply. 1) Unbound * 2) None 3) None, except as indicated in the horizontal section. Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Limitations listed in the horizontal section also apply. Pipeline Transport (713) 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None, except as indicated in the horizontal section. COMMUNICATION SERVICES All subsectors 3) No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least 60 per cent of whose capital is owned by such citizens 3) Limitations listed in the horizontal section shall apply. B. Courier Services Courier Services 1) Commercial presence is required 2) None 3) None except as indicated in the horizontal section for communication services 1) None 2) None 3) None