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Manila
Quisumbing Torres is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm.
Leo G. Dominguez
Partner, Quisumbing Torres
The Legal Framework for Mining in the Philippines: Is it Stable?
Launching of the German edition of the Primer on the Philippine Minerals IndustryKfW IPEX-Bank, Frankfurt, Germany28 June 2007
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©2005 Quisumbing Torres 2
Legal Framework of Mining in the Philippines: Key Aspects
The Philippine Government – An Active Partner
• Government mining policy: the old paradigm
• The new paradigm: government as active partner of
mining
• Philippine Mining Law: implementing the government’s
proactive policy
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©2005 Quisumbing Torres 3
Legal Framework of Mining in the Philippines: Key Aspects
Government mining policy: the old paradigm
• In a word: UNCERTAINTY
• Bureaucracy was in a time warp
• DENR suffered from “Jekyll and Hyde” syndrome
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©2005 Quisumbing Torres 4
Legal Framework of Mining in the Philippines: Key Aspects
The new paradigm: government as an active partner of mining
2004 – Minerals Action Plan (EO270)
2005 – in La Bugal, Supreme Court ruled with finality Philippine Mining Act / FTAA Constitutional
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©2005 Quisumbing Torres 5
Legal Framework of Mining in the Philippines: Key Aspects
The new paradigm: government as an active partner of mining
2005 –Delia Domingo-Albert appointed Presidential Adviser for Minerals Development (PAMD)
The roles of the PAMD:• Streamlining/shortening
permitting process• promoting mining
investments abroad
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©2005 Quisumbing Torres 6
Legal Framework of Mining in the Philippines: Key Aspects
The new paradigm: government as an active partner of mining
2005 – Creation of the Minerals Development Council (MDC)
MDC’s functions:
1. enlist the assistance of any instrumentality of the government
2. implement programs relative to responsible minerals development
3. harmonize investment-related requirements and procedures
4. facilitate and expedite investments in the minerals sector
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©2005 Quisumbing Torres 7
Legal Framework of Mining in the Philippines: Key Aspects
The new paradigm: government as active partner of mining• Result: all three branches of government (Executive,
Judiciary & Legislative) unanimously support responsible minerals development.
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©2005 Quisumbing Torres 8
Legal Framework of Mining in the Philippines: Key Aspects
Philippine Mining Law: implementing the government’s proactive policy
1. Financial or Technical Assistance Agreement (FTAA)
- minimum investment of USD50M
- contractor up to100% foreign-owned
- Max area: 81,000 hectares for entire Philippines
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©2005 Quisumbing Torres 9
Legal Framework of Mining in the Philippines: Key Aspects
Philippine Mining Law: implementing the government’s proactive policy
2. Mineral Production Sharing Agreement (MPSA)
- contractor not more than 40% foreign-owned
- Max area: 8,100 hectares per province; 16,200 hectares for entire Philippines
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©2005 Quisumbing Torres 10
Legal Framework of Mining in the Philippines: Key Aspects
Philippine Mining Law: implementing the government’s proactive policy
Environmental and Social Issues• Environmental Protection and Enhancement Program• Indigenous Peoples• Social Development and Management Program
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©2005 Quisumbing Torres 11
Legal Framework of Mining in the Philippines: Key Aspects
Summary
1. First time 3 branches of government –Legislature, Executive and Judiciary - solidly behind responsible minerals development as key to economic growth.
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©2005 Quisumbing Torres 12
Legal Framework of Mining in the Philippines: Key Aspects
Summary
2. All mining projects are projects of the State - State is effectively your partner.
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©2005 Quisumbing Torres 13
Legal Framework of Mining in the Philippines: Key Aspects
Summary
3. FTAA - legal vehicle for 100% foreign-owned contractors to undertake large scale (US$50M) projects
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©2005 Quisumbing Torres 14
Legal Framework of Mining in the Philippines: Key Aspects
Opportunity Awaits You in the Philippines
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Manila
Quisumbing Torres is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm.
Leo G. Dominguez
Partner, Quisumbing Torres
Thank You!