According to Sec. 9D of the Philippine Immigration Act, a foreign investor is entitled to enter the Philippines as a treaty trader, if he is a national of a country with which the Philippines has in place an agreement for the admission of treaty traders or investors. Currently, the Philippines has such an agreement with the United States, Japan and Germany. The term “treaty trader” is meant to include any treaty investor or an alien employed by a treaty investor in a supervisory or executive position. The employee wishing to apply for a 9D visa must be of the same nationality as the majority shareholder of the sponsoring firm.
Apart from the requirements, the foreign investor must prove that: he or his employer intends to carry out “substantial trade” between the Philippines and their country; or he intends to develop and direct the operations of an enterprise in which he or his employer has invested, or is in the process of investing, a substantial amount of capital. Substantial trade refers to a non-nationalized business in which the investment is at least US$120,000.00 as well as the equally important factor of the volume of business conducted.