SEC. 5. Section 13 of Republic Act No. 9728 is hereby amended to read as follows:
"SEC. 13. Powers and Functions of the AFAB. — The AFAB shall have the following functions:
"(a) x x x;
"(b) x x x;
"(c) To operate, administer, manage, and develop, in accordance with Executive Order No, 525, as amended, the FAB according to the principles and provisions set forth in this Act and to coordinate with the LGUs for the development plans, activities and operation of the FAB;
"(d) To register, regulate and supervise the enterprises in the FAB in an efficient and decentralized manner, subject to existing laws;
"(e) To coordinate with the LGUs and the Metro Bataan Development Authority (MBDA) and exercise general supervision over the development plans, activities and operations of the FAB. The exclusive delegation of certain powers to AFAB under this Act notwithstanding, the AFAB may partner with the MBDA in the implementation of development plans, enforcement of environmental laws, maintenance of road network and transport facilities, and performance of such other services designed to enhance the attractiveness of the FAB as an investment destination. The AFAB may provide assistance to the MBDA to ensure that the equipment and other resources necessary to perform the services envisaged under this Act are adequately provided;
"(f) To authorize or undertake, on its own or through others, and to regulate the establishment, construction, operation and maintenance of public utilities, services, and infrastructure in the FAB such as shipping, barging, stevedoring, cargo handling, hauling, warehousing, storage of cargo, port services or concessions, piers, wharves, bulkheads, bulk terminals, mooring areas, storage areas, roads, bridges, reclamation projects, terminals, conveyors, water supply and storage, sewerage, drainage, airport operations in coordination with the Civil Aviation Authority of the Philippines and such other services or concessions or infrastructure necessary or incidental to the accomplishment of the objectives of this Act: Provided, however, That the private investors in the FAB shall be given priority in the awarding of contracts, franchises, licenses, or permits for the establishment, operation and maintenance of utilities, services and infrastructure in the FAB;
"(g) To license, set fees, regulate and undertake the establishment, operation and maintenance of utilities, other services, educational and medical institutions and infrastructure in the FAB such as, but not limited to, heat, light and power, water supply, telecommunications, mobile, internet and other data facilities, transport, toll roads and bridges, port services, etc., and to fix just, reasonable and competitive rates, fares, charges and prices thereof;
"(h) To construct, acquire, own, lease, operate and maintain on its own or through contracts, franchises, licenses, bulk purchase from the private sector and build-operate-transfer scheme, or under a joint venture with the private sectors, any or all of the public utilities and infrastructure required or needed for the operation and development of the FAB, including transportation, access and connection to, and out of the FAB, in coordination with appropriate national and local government authorities and in conformity with applicable laws thereon. For this purpose, the AFAB shall exercise the power of eminent domain over private lands granted in paragraph (b) of this section insofar as it may be reasonably necessary, without prejudice to the execution of agreements with public agencies, and subject to the limitations prescribed therein and the observance of the prerequisites of taking of possession and the determination and payment of just compensation in accordance with Republic Act No. 10752. otherwise known as 'The Right-of-Way Act';
"(i) To operate on its own, either directly or through a license to other tourism-related activities, including games, amusements, recreational and sports facilities, subject to the approval and supervision of the Philippine Amusement and Gaming Corporation (PAGCOR);
"(j) To raise, or borrow, within the limitation provided by law, and subject to the approval or opinion of the Monetary Board of the BSP, in accordance with law, adequate and necessary funds from local or foreign sources, to finance its projects and programs under this Act, and for that purpose, to issue bonds, promissory notes, and other forms of securities, and to secure the same by a guarantee, pledge, mortgage, deed of trust, or an assignment of all or part of its property or assets;
"(k) To exclusively enforce and administer the provisions of the National Building Code of the Philippines and the Fire Code of the Philippines, as amended, within the territorial jurisdiction of the FAB: Provided, That the AFAB shall be fully responsible and accountable for the enforcement and administration of the National Building Code of the Philippines and the Fire Code of the Philippines, as amended, within the FAB.
"The AFAB administrator, or his official designate, shall function as the AFAB building official, who shall issue all building permits and other related permits subject to the collection by AFAB of the corresponding permit fees: Provided, That the AFAB building official shall also be authorized to require owners of houses, buildings, or other structures constructed without the necessary AFAB permit/s, or those that are condemned and/or abated by the AFAB in accordance with the conditions set forth in the National Building Code or Civil Code, as the case may be, whether constructed on public or private lands, to remove or demolish such houses, buildings, or structures within fifteen (15) days from receipt of notice. Upon failure of such owner to remove or demolish such house, building, or structure within such period, the AFAB may summarily cause its removal or demolition at the expense of the owner and the occupants.
"The AFAB may evict any person who refuses to vacate such premises in accordance with Republic Act No. 7279, otherwise known as the 'Urban Development and Housing Act of 1992", and other existing laws. A temporary or permanent relocation site shall be made available for qualified individuals or families;
"(l) To provide security for the FAB in coordination with the national and local governments. For this purpose, the AFAB may establish and maintain its security forces and firefighting capability or hire others to provide the same. In the event that an assistance of the military force is necessary, it shall not interfere in the internal affairs of the FAB except to provide the necessary security and defense, and their expenses shall be borne by the National Government. To ensure the maintenance of law and order within the boundaries of the FAB, including conducting police investigations, arrests, search and seizure for violation of penal laws inside the FAB, the Philippine National Police (PNP) shall establish a police substation, if necessary, under the supervision of the PNP Provincial Director, to be manned by such number of personnel as will allow them to effectively and efficiently pursue its mandate.
"The AFAB shall also be authorized to install control gates at strategic points of the national roads within the FAB, through which access into and departure from the FAB shall be fully controlled by the AFAB;
"(m) To protect, preserve, maintain and develop the forests, beaches, coral and coral reefs, and maintain ecological balance within the FAB. For this purpose, the rules and regulations of the Department of Environment and Natural Resources (DENR) and other government agencies involved in the above functions shall be implemented by the AFAB: Provided, That the issuance, enforcement and monitoring of environmental compliance certificates (ECCs), tree cutting permits, foreshore leases and all other related permits and clearances issued by the DENR and other government agencies shall be under the exclusive control and jurisdiction of the AFAB:
"(n) x x x;
"(o) x x x:
"(p) x x x;
"(q) To recommend the issuance of working visas renewable every three (3) years to foreign executives and foreign technicians with highly specialized skills which no Filipino possesses, subject to the issuance of the certification and alien employment permit by the Department of Labor and Employment (DOLE);
"(r) Subject to Republic Act No. 7653, otherwise known as 'The New Central Bank Act', other issuances of the BSP, Republic Act No. 8799, otherwise known as The Securities Regulations Code', existing applicable laws, and such other laws as may be required that are consistent with the objectives of the AFAB, to act as an offshore financial center that engage in, or allow, any or all international financial and business services, including banking, offshore fund management, collective investment schemes, and cryptocurrency mining, and provide the necessary and pertinent fiscal incentives as provided for under Republic Act No. 7916, as amended by Republic Act No. 8748, also known as 'The Special Economic Zone Act of 1995', and/or those provided under Executive Order No. 226, as amended, otherwise known as The Omnibus Investments Code of 1987'. Banks and financial institutions engaged in quasi-banking functions to be established in the FAB shall be under the supervision of the BSP, and shall be subject to existing banking laws., rules and regulations. Other financial institutions not engaged in quasi-banking functions, and those engaged in collective investment schemes and cryptocurrency mining within the FAB shall be under the supervision of the Securities and Exchange Commission;
"(s) To issue special regulations for the benefit of particular industries designed to improve ease of doing business, decrease cost of doing business, and lower bureaucratic burdens of investing and doing business within the FAB: Provided, That such special regulations shall not be contrary to existing laws;
"(t) To endorse Special Resident Retiree's Visas (SRRVs) for retirees that intend to reside in the FAB, in collaboration with the Philippine Retirement Authority (PRA): Provided, That the PRA and the AFAB shall issue joint regulations on the processing of SRRVs in accordance with existing laws;
"(u) To establish, operate and maintain utilities, facilities, infrastructure, services, businesses, activities, and concessions in the FAB, pertaining to shipping and maritime business and activities including stevedoring and port terminal services or concessions: Provided, That the Maritime Industry Authority (MARINA) shall continue to exercise its power to regulate and supervise the shipbuilding and ship repair of any merchant marine vessel operated or to be operated in the domestic trade and the domestic shipping industry within the FAB;
"(v) To establish one-stop shops for the issuance of all necessary permits, clearances, licenses, and other similar certifications to conduct activities, to improve the ease of doing business within the FAB, in coordination with government agencies having jurisdiction over activities in the FAB not otherwise solely reserved to the AFAB in this Act: Provided, That all government agencies are directed to provide and extend utmost and full cooperation to the AFAB in the establishment of such one-stop shops;
"(w) To exercise such powers as may be essential, necessary or incidental to the powers granted to it hereunder as well as those that shall enable it to carry out, implement and accomplish the purposes, objectives and policies of this Act; and
"(x) To be vested with other powers enjoyed or exercised by other freeport zone authorities."
