Section 6Sec./Art. 6

Section 12 of Republic Act No. 9490 is hereby amended to read as follows:

"Section 12. Powers and Functions of the Aurora Pacific Economic Zone and Freeport Authority (APECO). - The APECO shall have the following powers and functions:

"(a) To operate, administer, manage and develop the Aurora Ecozone according to the principles and provisions set forth in this Act;

"(b) To register, regulate and supervise the enterprises in the Aurora Ecozone in an efficient and decentralized manner, subject to existing laws;

"(c) To coordinate with local government units and exercise general supervision over the development plans, activities and operations of the Aurora Ecozone;

"(d) To license, set fees, regulate and undertake the establishment, operation and maintenance of utilities, other services and infrastructure in the Aurora Ecozone 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;

"(e) To construct, acquire, own, lease, operate and maintain on its own or through contracts, franchise, licenses, bulk purchase from the private sector or permits under any of the schemes allowed in Republic Act No. 6957 (the Build-Operate-Transfer Law, as amended by R.A. No. 7718), or joint venture, adequate facilities and infrastructures required or needed for the operation and development of the Aurora Ecozone, in coordination with appropriate national and local government authorities and in conformity with applicable laws thereon;

"(f) To operate on its own, either directly or through a subsidiary entity, or concession or license to others, tourism-related activities, including games, amusements and nature parks, recreational and sports facilities such as casinos, online game facilities, golf courses and others under priorities and standards set by the APECO;

"(g) To authorize the APECO to enter into mutual cooperation agreement with the PEZA for the utilization of the PEZA's resources, facilities and assets;

"(h) To raise or borrow 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;

"(i) To protect, preserve, maintain and develop the virgin forests, beaches, coral and coral reefs and maintain ecological balance within the Aurora Ecozone through the establishment of marine, forest, wildlife and botanical reservations, in cooperation with the Department of Environment and Natural Resources (DENR);

"(j) To establish, operate and/or contract to operate skills training centers, plant and flower nurseries, forest and sea ranger services and such other necessary and functional units of offices of the APECO as it may deem necessary;

"(k) To adopt, alter and use a corporate seal; make contracts, leases, own, or otherwise dispose of personal or real property; sue and be sued; and otherwise carry out its functions and duties as provided for in this Act;

"(l) To sue and be sued in order to carry out its duties, responsibilities, privileges, powers and functions ae granted and provided for in this Act and to exercise the power of eminent domain for public use and public purpose;

"(m) To recommend to the President the issuance of a proclamation to fix and delimit the size of the Aurora Ecozone;

"(n) To authorize or undertake, on its own or through others, and to regulate the establishment, operation and maintenance of public utilities, services, and infrastructure in the Aurora Ecozone such as shipping, barging, stevedoring, cargo, handling, warehousing, storage of cargo, port services or concessions, piers, wharves, bulkheads, bulk terminals, mooring areas, storage areas, roads, bridges, terminals, conveyors, water supply and storage, sewerage, drainage, airport operations, in coordination with the Civil Aeronautics Board, 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 Aurora Ecozone shall be given priority in the awarding of contracts, franchises, licenses or permits for the establishment, operation and maintenance of utilities, services and infrastructures in the Aurora Ecozone;

"(o) To issue certificates of origin for products manufactured or processed in the Aurora Ecozone in accordance with prevailing rules of origin, and the pertinent regulations of the PEZA, the Department of Trade and Industry (DTI) and/or the DOF;

"(p) To issue working visas renewable every three (3) years to foreign executives and foreign technicians with highly specialized skills which no Filipinos possesses, as certified by the Department of Labor and Employment (DOLE);

"(q) To report to the Bureau of Immigration the names of the foreigners who have been granted permanent resident status and working visas within thirty (30) days after issuance of such grant;

"(r) To issue exemptions from the requirements of alien employment permits (AEP) and/or working visas for aliens employed with, or consultants of, APECO-registered enterprises who will stay and perform work in the Philippines for less than six (6) months, subject to such rules and regulations as may thereafter be established;

"(s) To undertake and carry out at its own expense the reclamation by dredging, filling, or other means, of any foreshore lands bordering the Aurora Ecozone and to establish, provide, construct, maintain and repair proper adequate docking and harbor facilities as the APECO may determine in consultation with the Secretary of Finance and the Secretary of Public Works and Highways;

"(t) To create and establish subsidiaries, affiliates or other entities for the operations of ancillary activities/services which the APECO is authorized to undertake but for reasons of cost-effectiveness, are better contracted out to such subsidiaries, affiliates or similar entities; in such event, the APECO may invite the private sector investors to participate up to sixty percent (60%) of the capital of the entity;

"(u) To exercise such powers as may be essential, necessary or incidental to the powers granted to it he re under as well as those that shall enable it to carry out, implement and accomplish the purposes, objectives and policies of this Act; and

"(v) To issue rules and regulations consistent with the provisions of this Act as may be necessary to accomplish and implement the purposes, objectives and policies provided herein."