Tuesday, June 2, 2009 [ sunstar.com.ph ]
CLARK FREEPORT -- The Clark Development Corporation (CDC) and the Philippine Economic Zone Authority (Peza) have signed a Memorandum of Agreement (MOA) for the administration of tax incentives in the Clark Special Economic Zone (CSEZ).
CDC president Benigno Ricafort and Peza director general Lilia de Lima signed the MOA at the Corporate Headquarters of the state-run firm last May 28.
Ricafort said that with the signing of the MOA, the CDC becomes the “administrative governing authority” of the CSEZ and assumes the following tasks:
* Identify and develop areas, and enter into lease agreements with locators in the CSEZ;
* Provide Peza with an approved comprehensive land use and zoning
plan of the CSEZ;
* Provide the necessary utility requirements in the CSEZ, inclusive of the following: power, water, telecommunications, wastewater treatment facilities, etc.;
* Screen and endorse to Peza applications of locators in the CSEZ wanting to avail of Peza incentives;
* Endorse to Peza all applications for building permits, fire and safety permits, sanitary permits and environment permits of enterprises in the CSEZ; and
* Resolve issues/claims on property ownership before registration as developer/operator entitled to incentives.
Meanwhile, De Lima said the Peza will be the “incentives administration authority” with the following responsibilities:
* Register CDC as a CSEZ developer-operator with entitlement to incentives to the extent that it shall develop for PEZA locators;
* Register qualified CSEZ locator upon the latter’s submission of and Peza’s evaluation and approval of complete documentary requirements;
* Issue permits to operate or certificates of registration, as the case may be, to qualified enterprises in the CSEZ;
* Issue building, fire, safety, and sanitary permits to enterprises in the CSEZ and collect the corresponding fees;
* Conduct preliminary review and endorse to DENR-EMB CSEWZ locators’ application for ECC;
* Administer incentives granted to investors within the CSEZ; and
* Assist the CDC in promoting the CSEZ to foreign and domestic investors.
The two officials signed the MOA as provided for by the Implementing Rules and Regulations of Republic Act (RA) 9400, an act amending RA 7227.
Ricafort said RA 7227, or the “Bases Conversion and Development Act of 1992,” paved the way for the creation of the almost 32,000-hectare CSEZ which originally comprises the 4,400-hectare Main Zone and the 27,000-hectare Sub Zone.
On March 10, 2006, Proclamation 1035 was issued “creating and designating certain parcels of land of the public domain situated at Angeles City, Municipalities of Mabalacat and Porac, Pampanga and the Municipalities of Capas, and Bamban, Tarlac as a Special Economic Zone pursuant to RA 7916, as amended by RA 8748.”
The passage of RA 9400 in March 2007, however, designated the Sub Zone and some parts of Clark as CSEZ while the Main Zone was declared as the Clark Freeport Zone.
The Sub Zone, now dubbed by the current CDC administration as “The Next Frontier,” is being developed for eco-tourism, agri-based industries and other mixed used projects.
Section 12 of RA 9400 repealed Section 50 of RA 7916 as amended on the non-applicability of Peza incentives to the economic zones created under RA 7227 hence, the signing of the MOA, Ricafort said.
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