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    Government to go after foreigners
    in unregistered retailing
    By Max V. de Leon
    Reporter
     

    The government will start going after foreign nationals who own retail outlets in the country that are not duly registered in accordance with the Retail Trade Liberalization Act (RA 8762).

    This is after reports reached the office of Trade Secretary Peter B. Favila that there are now several convenient specialty stores and eateries owned by foreigners.

    However, based on the records of the DTI, only 11 firms have applied for government license and accreditation as specified by the law.

    These companies are the Adidas Salomon AG, Caltex Services Philippines Inc., L’Oreal Philippines Inc., Louis Vuitton Malleteir SA, McDonald’s, Mitsui, Okram Holdings Asia, Petron Corporation, Tan Chong, Watsons Personal Care Stores and Marionnaud Philippines Inc.

    These firms registered with the Board of Investments (BOI) their business collectively worth about P50 billion.

    Favila said foreign nationals should have the necessary government registration permits and licenses before engaging in retail trade in the country.

    Before, retail trade was restricted to Filipino nationals.

    With the passage of the Retail Trade Liberalization Act, however, foreigners can now engage in the business provided they meet the capitalization, net worth and other requirements of the law.

    Favila said the requirements are stringent to limit the number of foreign nationals in the retail sector and protect small-business men from being crowded out in the business.

    “We are coordinating with local government units and other government units to ensure that only legitimate businesses are operating and that foreigners do not encroach on the small retail business which is reserved for Filipinos,” Favila said.

    Under RA 8762, which took effect in March 2000, foreign investors can own up to 100 percent of retail enterprises with paid-up capital of $2.5 million or more.

    A store to be opened should not be below the peso equivalent of $830,000.

    The parent corporation of the foreign retailers should be worth at least $200 million.

    ”Below the $2.5 million capital specified, foreigners cannot go into retail business even if he just owns a portion of it,” Favila said.

    Also fully open to investors are those engaged in the retail of high-end or luxury items (Category D) with a net worth of at least $50 million.

    Foreign investors going to retail trade must also own at least five retail stores or franchises anywhere in the world or at least one branch with capitalization of $25 million or more, have a five-year track record in retailing, and that the foreign retailer’s home country offers reciprocal benefits to Filipinos.

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