Philippines - Apply for Financial or Technical Assistance Agreement (FTAA)

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Procedure

Apply In-Person:

1. To Apply for Financial or Technical Assistance Agreement (FTAA), the applicant has to approach the Department of Environment and Natural ResourcesMines and Geosciences Bureau (MGB) offices link The applicant has click on the region to find nearby offices.
2. An application form will be provided to the applicant by the concerned officer.
3. The applicant has to fill in all the necessary details in the application form. (Incomplete applications are not accepted)
4. Make sure that the applicant has attached all the necessary documents that are mentioned in the “Required Documents” section of this page.
5. The applicant has to attach the photocopies of the required documents along with the application form while submitting.
6. Submit all the documents with the completed form to the concerned officer.
7. The applicant has to pay the prescribed fee as requested by the authority.
8. After receiving the application, the concerned authority will check the submitted application and document set. If all are in place, the application will be accepted.
9. All applications are processed within a reasonable time, having regard to the particular circumstances of each application, including the completeness of information and documents submitted to the authority by the applicant.
10. The authority may seek additional information from an applicant if this is necessary to assess the application. The authority does not need to deal further with an application until the applicant has provided this additional information.
11. The authority will undergo a thorough inspection by a certified inspector to ensure that it meets the required standards.
12. This entire process can be completed within 30 days or as per the timeline advised by the respective department authority.

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Required Documents

The prescribed form (MGB Form No. 07-1) through payment of the filing fee and submission of eight (8) sets of the FTAA proposal and five (5) sets of the following:
Upon filing of the application, the following mandatory requirements

• Duly certified Certificate of Registration, Articles of Incorporation and By-Laws issued by the Securities and Exchange Commission or authorized Government agency(ies) concerned, or Certification from the Bureau/Regional Office concerned that the said documents are duly registered in that Office
• Location map/sketch plan of the proposed contract area showing its geographic coordinates/meridional block(s) and boundaries in relation to major environmental features and other projects using a NAMRIA topographic map in a scale of 1:50,000 duly prepared, signed and sealed by a deputized Geodetic Engineer
• Two-year Exploration Work Program (MGB Form No. 5-4) duly prepared, signed and sealed by a licensed Mining Engineer or Geologist; Proof of technical competence, including, among others, curricula vitae and track records in mining operations and environmental management of the technical personnel who shall undertake the activities in accordance with the submitted Exploration Work Program
• Proof of financial capability to undertake the activities pursuant to the Exploration Work Program, such as latest audited financial statement and, where applicable, Annual Report for the preceding year, credit line(s), bank guarantee(s) and/or similar negotiable instruments
• Affidavit of Undertaking

After the acceptance of the application but prior to the approval of the FTAA:

• Posting of financial guarantee/performance bond and letter of credit or other forms of negotiable instruments from any Government-accredited bonding company or financial institution, in favour of the Government upon notification by the Secretary, which shall be in any foreign currency negotiable with the Bangko Sentral ng Pilipinas or in Philippine Peso in such amount equivalent to the expenditure obligations of the applicant for any year
• Certificate of Environmental Management and Community Relations Record (CEMCRR)/Certificate of Exemption
• Environmental Work Program (MGB Form No. 16-1 or MGB Form No. 16-1A)
• Approved survey plan
• Environmental Compliance Certificate (ECC)
• Environmental Protection and Enhancement Program (MGB Form No. 16-2)
• Social Development and Management Program

Office Locations & Contacts

Department of Environment and Natural Resources – Philippines
Mines and Geosciences Bureau (MGB)
MGB Compound, North Avenue,
Diliman, Quezon City, Philippines
Telephone: (02)920-91 20/(02)920-91 36/(02)667-67 00
Email: [email protected]

MGB Regional Office No. 1 - San Fernando City, La Union
Government Center, Sevilla, City of San Fernando, La Union
Tel. No.: (072) 242-1123 / (072) 242-6129
Email: [email protected]

MGB Regional Office No. 2 - Tuguegarao City, Cagayan
Maura, Tuguegarao City, Cagayan
Tel. No.: (078) 846-2023
Email: [email protected]

MGB Regional Office No. 3 - City of San Fernando, Pampanga
DM Consunji Building, Diosdado Macapagal Government Center,
Maimpis, City of San Fernando, Pampanga
Tel. No.: (045) 455-1266 / (045) 455-2221
Email: [email protected]

MGB Regional Office No. 4A - Quezon City, Metro Manila
North Avenue corner Agham Road, Diliman, Quezon City
Tel. No.: (02) 8925-6041 / (02) 8925-6042
Email: [email protected]

MGB Regional Office No. 7 - Cebu City, Cebu
Gorordo Avenue, Lahug, Cebu City
Tel. No.: (032) 232-3184 / (032) 231-8648
Email: [email protected]
Website link
Contact Details link

Note: The applicant has click on the region to find nearby offices.

Eligibility

The following Qualified Person may apply for an FTAA:

• Any Filipino citizen of legal age and with capacity to contract
• A Filipino-owned Corporation, Partnership, Association or Cooperative, at least sixty percent (60%) of the capital is owned by Filipino citizens, organized or authorized for the purpose of engaging in mining with technical and financial capability to undertake mineral resources development and duly registered in accordance with the law
• A Foreign-owned Corporation, Partnership, Association or Cooperative duly registered in accordance with law and in which less than fifty percent (50%) of the capital is owned by Filipino citizens

Fees

• The applicant has to pay the prescribed fee as requested by the authority.

Validity

• An FTAA has a term of twenty-five (25) years from the date of its issuance, and renewablefor another term not exceeding twenty-five (25) years.

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• This entire process can be completed within 30 days or as per the timeline advised by the respective department authority.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• Applicants must complete the application form before submitting it. Incomplete applications will not be accepted.
• Applicants must provide genuine information while applying for this procedure.

Required Information

• Name of the applicant
• Address
• City
• State
• Postal code
• Email
• Name of the firm
• Contact address
• City
• State
• Postal code
• Email
• Fax
• Details of partners and employees
• Details of mines
• Total area

Need for the Document

• A Financial or Technical Assistance Agreement may be entered into between a Contractor and the Government for the large-scale exploration, development and utilization of gold, copper, nickel, chromite, lead, zinc and other minerals except for cement raw materials, marble, granite, sand and gravel and construction aggregates

Information which might help

The maximum FTAA contract area that may be applied for or granted per Qualified Person in the entire Philippines are the following:

• One thousand (1,000) meridional blocks or approximately eighty-one thousand (81,000) hectares onshore
• Four thousand (4,000) meridional blocks or approximately three hundred twenty-four thousand (324,000) hectares offshore
• Combination of one thousand (1,000) meridional blocks onshore and four thousand (4,000) meridional blocks offshore.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Place some external links which might help.

Others

The following are the phase of mining operations of an FTAA:

• Exploration - up to two (2) years from date of FTAA execution, extendible for another two (2) years;
• Pre-feasibility study, if warranted - up to two (2) years from expiration of the exploration period
• Feasibility study - up to two (2) years from the expiration of the exploration/prefeasibility study period or from declaration of mining project feasibility
• Development, construction and utilization - remaining years of FTAA.