MEMORANDUM OF AGREEMENT FOR THE DATA SHARING

ARRANGEMENT FOR THE CONDUCT OF THE COST-BENEFIT

ANALYSIS (CBA) UNDER THE TAX INCENTIVES MANAGEMENT AND
TRANSPARENCY ACT (TIMTA)

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (MOA) has been made and entered

into this _______ day of_____________ 2019 at ____________________, Philippines, by and
ROSEMARIE G. EDILLON

between:
For NEDA

NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY

(NEDA), with address at NEDA-sa-Pasig Bldg., No. 12 St. Jose Maria
Escriva Drive, Brgy. San Antonio, Ortigas Center, Pasig City,
Philippines, herein represented by its Undersecretary, ROSEMARIE
G. EDILLON (hereinafter referred to as “NEDA”);

and

TOURISM INFRASTRUCTURE AND ENTERPRISE ZONE

AUTHORITY (TIEZA), an attached body corporate of the
Department of Tourism by virtue of Republic Act No. 9593, with
principal office address at 6th and 7th Floors, Double Dragon Plaza,
DD Meridian Park, Macapagal Avenue corner EDSA Extension,
Pasay City, Metro Manila, represented herein by its Chief Operating
Officer, POCHOLO JOSELITO D. PARAGAS (hereafter referred to as
“TIEZA”).

Collectively, the “Parties”.

POCHOLO JOSELITO D. PARAGAS

RECITALS

WHEREAS, the Tax Incentives Management and Transparency Act

For TIEZA

(TIMTA) or Republic Act (R.A.) No. 10708 mandates the NEDA to conduct cost-
benefit analysis on the investment incentives to determine the impact of tax
incentives on the Philippine economy;

WHEREAS, TIEZA is one of the enumerated Investment Promotion

Agencies (IPAs) required under Section 6 of the above law to submit to the
NEDA the aggregate tax incentives, based on the submissions of registered
business entities (RBEs), and aggregate investment-related data, both on a
sectoral or per industry basis, which may include, but not limited to,
investment projects, investment cost, actual employment and export earnings;

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 NOW, THEREFORE, for and in the consideration of the foregoing
premises, and of the covenants and undertakings hereinafter set forth, the
parties hereto have mutually agreed as follows:

1. Definition of Terms

1.1 Datasets – Data Generated from Questionnaire made by NEDA;

1.2 Investment Promotion Agencies (IPAs) – government entities

created by law, executive order, decree or other issuance, in
charge of promoting investments, administering tax and non-tax
incentives, and/or overseeing the operations of the different
ROSEMARIE G. EDILLON

economic zones and freeports in accordance with their respective

charters. These include the Board of Investments (BOI), Philippine
For NEDA

Economic Zone Authority (PEZA), Bases Conversion and

Development Authority (BCDA), Subic Bay Metropolitan Authority
(SBMA), Clark Development Corporation (CDC), John Hay
Management Corporation (JHMC), Poro Point Management
Corporation (PPMC), Bataan Technology Park, Inc. (BTPI),
Cagayan Economic Zone Authority (CEZA), Zamboanga City
Special Economic Zone Authority (ZCSEZA), Phividec Industrial
Authority (PIA), Aurora Pacific Economic Zone and Freeport
Authority (APECO), Authority of the Freeport Area of Bataan
(AFAB), Tourism Infrastructure and Enterprise Zone
Authority (TIEZA), and all other similar authorities that may be
created by law in the future;

1.3 Registered Business Entity (RBE) – any individual, partnership,

corporation, Philippine branch of a foreign corporation, or other
entity incorporated and/or organized and existing under
Philippine laws and registered with an IPA;

1.4 Validation- refers only to quick rundown of datasets if there are

unusual magnitude of the submitted figures of the RBEs.
POCHOLO JOSELITO D. PARAGAS

2. Purpose and Scope

For TIEZA

This MOA aims to set the terms and conditions and scope of work and
responsibilities of the parties in relation to the collection, compilation
and use of data for the conduct of the CBA by the NEDA as mandated
under Section 6 of R.A. 10708.

3. Authority to the Signatories

Parties hereto warrant and represent that they are duly authorized to
enter into this Memorandum of Agreement.

4. Duties and Responsibilities of NEDA

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 4.1 NEDA shall exclusively use the submitted datasets of the RBE for
generation of the aggregate level datasets for the conduct of the
CBA as mandated under Section 6 of R.A. 10708;

4.2 NEDA shall treat all submissions of the RBEs with full
confidentiality and without prejudice to RBE in whatever form;

4.3 NEDA shall use a survey instrument through secured digital

platform to collect the RBE datasets. The survey instrument may
change according to the urgency and validity of the surrounding
circumstances;

4.4 NEDA shall send all the RBE-level datasets back to the IPA for
compilation and validation;

4.5 NEDA shall provide the written report on the CBA to the IPA.
ROSEMARIE G. EDILLON

5. Duties and Responsibilities of TIEZA

For NEDA

5.1 TIEZA shall give full authorization to NEDA to collect all related
datasets from RBEs for the conduct of the CBA;

5.2 TIEZA shall be fully responsible in communicating all the

developments to the RBEs on matters relating to the CBA;

5.3 TIEZA shall serve as the sole keeper and validator of the RBE
datasets. The validation of the datasets shall be done within the
span of six (6) months from the time an RBE has fully submitted
all the required datasets in the given reference year.

6. Amendments

This MOA may be amended from time to time by mutual agreement of all
the parties. It may only be modified by a written instrument executed by
the duly authorized representatives of the parties. Such modification or
POCHOLO JOSELITO D. PARAGAS

revision mutually accepted by both TIEZA and NEDA shall form part of
this MOA.
For TIEZA

7. Effectivity

This MOA shall take effect upon signing of the parties. It shall remain
valid unless revoked mutually by NEDA and TIEZA, by other competent
authorities, or any major amendment to Section 6 of RA 10708.

If any material provision of this MOA should be invalid, illegal, or in

conflict with any applicable law or government regulation, such law or
regulation shall prevail, to the extent of such conflict, without affecting
the remaining provisions of this MOA.

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 IN WITNESS WHEREOF, the parties hereto have set their hands this
_________ day of _____________ 2019 in ______________________________, Philippines.

For the NEDA For the TIEZA

NATIONAL ECONOMIC AND TOURISM INFRASTRUCTURE AND

DEVELOPMENT AUTHORITY ENTERPRISE ZONE AUTHORITY

By: By:

ROSEMARIE G. EDILLON POCHOLO JOSELITO D. PARAGAS

Undersecretary Chief Executive Officer

SIGNED IN THE PRESENCE OF:

_______________________ ______________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

__________________ ) S.S.

BEFORE ME, a Notary Public in and for__________________, Philippines, this

______ day of ________________2019 personally appeared:

Name ID Presented/ID No. Date & Place Issued

ROSEMARIE G. EDILLON

POCHOLO JOSELITO D. TIEZA ID No. 3270 City of Makati

PARAGAS

all known to me to be the same persons who executed the foregoing Deed of
Donation and acknowledged to me that the same is their free and voluntary act
and deed and that of the entities they respectively represent.

This instrument consists of THREE (3) pages, including this page where
this acknowledgment is written.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my

notarial seal on the date and at the place first above written.

Doc No. _____;

Page No. ____;
Book No. ____;

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Series of 2019.

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