AGRICULTURE I. MARKET OVERVIEW The Philippines is in a good position to offer numerous opportunities to agriculture-oriented investors, thanks to its strategic location, favourable climactic conditions and available resources for agriculture. The country has a land area of 30 million hectares, 9,671 million hectares of which is considered as agricultural land. Prime agricultural lands are located around the rural and less populated areas. In the first quarter of 2016, the agricultural industry grew by 4,4%. Admittedly, Philippine agriculture does not perform as well as the services and industrial sectors and remains vulnerable to extreme weather events, which could reduce agricultural output. The Philippines’ agricultural land area is divided into four categories, namely: Ì Arable land amounting to 4,936 million hectares land area; Ì Permanent cropland with a total land area of 4,225 million hectares; Ì Permanent pastures with 0,129 million hectares land area; and Ì Forest land area with 0,074 million hectares. About 12 million Filipinos work in the agricultural sector. If the country can significantly increase its exports and imports of agricultural goods, agricultural provinces would generate much greater revenue, provide more employment opportunities, and lessen poverty in rural areas. This is especially important for Mindanao, the country’s breadbasket that has great underdeveloped potential for agricultural exports. II. MAIN LEGISLATIVE FRAMEWORK Ownership of land in the Philippines is highly regulated with land ownership reserved for persons or entities considered Philippine nationals or Filipino citizens. For this purpose, a corporation owned at least 60% by Filipino citizens is treated as a Philippine national. Foreigners interested in acquiring land or real property through aggressive ownership structures must consider the provisions of the Philippines’ Anti-Dummy Law to determine how to proceed. A major restriction in the law is the restriction on the number of foreign members on the Board of Directors of a landholding company which is limited to 40% foreign participation. Another concern is the possible forfeiture of the property if the provisions of the law are breached. CREATING BUSINESS OPPORTUNITIES for EUROPEAN COMPANIES in the PHILIPPINES This project is co-funded by the European Union AGRICULTURE Exceptions to the restriction on foreigners’ acquisition of land in the Philippines are the following: Ì information, which includes approximated costs and income regarding the production of each product. Acquisition before the 1935 constitution; Philippine producers can now export more than 6 000 Ì Acquisition through hereditary succession if the products to EU markets at zero or substantially lower tariff rates using the new Generalized System of Preferences foreigner is a legal or natural heir; (GSP+). Products that may avail of the duty free access Ì Purchase of not more than 40% interest in a include coconut and marine products, processed fruit, condominium project; prepared food, animal and vegetable fats and oils, Ì Purchase by a former natural-born Filipino citizen textiles, garments, headwear, footwear, furniture, subject to the limitations prescribed by law (naturalumbrellas, and chemicals. Philippines’ exports to the born Filipinos who acquired foreign citizenship is EU grew by over 19% in the period January-September entitled to own up to 1,000 sq. m. of residential land, and 1 hectare of agricultural or farm land); and 2015 compared to the same period in 2014. This is to a large extent attributable to GSP+ benefits granted in Ì Filipinos who are married to foreigners and who December 2014 (animal products (+157%); fish and retain their Filipino citizenship. related products (+41%); cereals, flour, nuts, etc. (+46%); prepared foodstuffs (+72%); but also chemicals (+42%); plastics (+46%); wood and wood charcoal (+199%); and III. MAJOR OPPORTUNITIES FOR EU footwear (+230%)). European agriculture companies can BUSINESSES develop joint venture partnerships with export-oriented Agricultural exports present great opportunity for foreign Philippine agribusinesses to take advantage of this investors. Investors may refer to Philippine Agribusiness preferential trade arrangement. Investment Opportunities by the Department of Agriculture published in 2013. It includes details on the widely known crops, fishery, processed fruits and meat processing recipes in the Philippines. It includes detailed CREATING BUSINESS OPPORTUNITIES for EUROPEAN COMPANIES in the PHILIPPINES This project is co-funded by the European Union
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