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Primary Text
Powers and Functions of the AFAB. - The AFAB shall have the following functions:
(a) To adopt, alter, use a corporate seal, to contract, lease, buy, sell, acquire, own and dispose properties of whatever nature;
(b) To sue and be sued in order to carry out its duties, responsibilities, privileges, powers and functions as granted and provided for in this Act and to exercise the power of eminent domain for public use and public purpose;
(c) To operate, administer, manage, develop, m 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 recommend to the President the issuance of a proclamation to fix and delimit the site of the FAB;
(e) To register, regulate and supervise the enterprises in the FAB in an efficient and decentralized manner, subject to existing laws;
(f) To coordinate with the LGUs and exercise general supervision over the development plans, activities and operations of the FAB;
(g) 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 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 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;
(h) To license, set fees, regulate and undertake the establishment, operation and maintenance of utilities, other services, educational and medical Institutions and infrastructure in the F AB 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;
(i) 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, in coordination with appropriate national and local government authorities and in conformity with applicable laws thereon;
(j) 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);
(k) To raise or borrow, within the limitation provided by 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;
(I) To provide security for the F AB in coordination with the national and local governments.ten.lihpwal 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;
(m) To protect, preserve, maintain and develop the virgin 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;
(n) To create, operate and/or contract to operate such functional units or offices of the AFAB as it may deem necessary;
(o) To issue certificates of origin for products manufactured or processed in the FAB;
(p) To Issue rules and regulations consistent with the provisions of this Act as may be necessary to implement and accomplish the purposes, objectives and policl8s provided herein;
(q) 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
(r) To be vested with other powers enjoyed or exercised by other free port zone authorities.
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