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Initiation and PreNegotiation
Sec. 8Initiating
Offictal
Negotiation
Process
The term "ARB Negotiation
case an ARB Negotiation Unit {ANU)
nit" (ANU) is used in the
d an investor agree to start negotiating
or an AVA, the parties shall submit their
egulation to indicate that the
· tention in writing to the DAR Provindal wners of the awarded land
as the ultimate authority
ffice which has jurisdiction over the
hether or not to enter into an
ertinent landholding. The parties will
dertake to wait for the DAR Advisory to YA. Said owners are the
roceed with Negotiations {DAPN) before rincipal bargaining unit. (Sec.
3)
roceeding with their first negotiation
eeting.
Pre-Negotiation Conference
·s convened by DAR
imultaneous to the conduct of
e assessment of facts and the
apacity building measures for
e ARBs. {Sec. 11)
Initiation and PreNegotiation
Sec. 9Ensuring the
Transparency
between the
parties
pon receipt of the written intent to
egotiate and its attachments, the DARPO
ill immediately assess the information
ubmitted by the ARB-Owners with
espect to their tenurial status, and the
·nvestors with respect to themselves.
Initiation and PreNegotiation
Sec. 10Improving the
Bargaining
Power of ARBs
and smallholder
farmers
Negotiation
Execution
AR Advisory to Proceed
ith Negotiation shall be
ppended with a list of
andatory provisions in the
YA as enumerated in Sec. 15.
hereafter, the parties may
chedule their Negotiation
onference meetings.
AR, by itself, or through other private or
ublic entities which will be funded by the
AR through a capadty building fund,
hall provide the ARB-Owners: (a)
usiness and legal advice and consultation;
) data and information with the purpose
f strengthening the bargaining power of
e ARBs and smallholder farmers.
Sec. 13- The Should one or both the parties request the
Negotiation
AR to observe the proceedings, the
Conference
ARPO shall act only as an impartial and
eutral observer during the conference. At
Sec. 14e option of the ANU and upon their
Consensus and
'tten request, the DAR, through the
Reports
rovincial Agrarian Legal Assistance Unit
ereafter referred to as the ALA team),
ay render free legal assistance to them.
Should the DAR be invited as observer, the
ARPO shall report to both parties the
ummary of discussions.
Sec. 15 of DAO No. 04, S.
016 provides mandatory
rovisions of agribusiness
enture agreements.
Sec.17 -No
o AVA may be executed until the parties
Permit to Execute the AVA
Execution
ave obtained a Permit to Execute the AVA PTE) or a Permit to Execute
ithout PARPO PTE) or a Permit to Execute the AVA and
e AVA and Observations
Permit
bservations (PEO) from the PARPO.
PEO) is issued after DAR's
arties must submit five copies of the
eview of the proposed AVA.
Sec. 18roposed written AVA to DARPO together
Submission of 'th Application for PTE accomplished by
Proposed AVA oth parties.
· fference between PTE and
toDARPO
EO. In case the PARPO
etermines that the proposed
YA does not violate Section
15 on the mandatory
rovisions, is faithful to what
as been negotiated, and the
U has not exceeded the
arameters provided in the
18
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