[ MEMORANDUM NO. M-2015-040, November 25, 2015 ]

PROHIBITION AGAINST DISCLOSURE OF THE REPORT OF EXAMINATION (ROE) AND THE CONTENTS THEREOF



ADOPTED: 05 NOVEMBER 2015
DATE FILED: 25 NOVEMBER 2015


The Bangko Sentral ng Pilipinas (BSP) reminds all BSFIs that the ROE is the property  of the BSP and is furnished  to BSFIs  for their use only. Accordingly, BSFIs, their directors and officers should treat the ROE and its contents as confidential and they are prohibited from disclosing or making public the same or make any representations  concerning  the ROE and its contents except in very limited  circumstances  and with prior written  consent  of the BSP.  The circumstances  for the disclosure  of this confidential  information  by a director or officer of a BSFI are as follows:
1.    In favor  of a financial  consultant,  due  diligence  team  head,  and  potential business partners upon written consent of the Deputy Governor, Supervision and Examination Sector; and

2.     In favor of third parties other than those enumerated  in item 1 above, upon approval of the Monetary Board or the Governor.
BSFls, without prior BSP consent, are authorized to allow external auditors (EAs) access to the ROE, albeit on a read-only basis, with a condition that EAs shall include  a provision  in their audit engagement  letters  that contents  of the ROE shall be treated appropriately and confidentially.

BSFIs  are  also  allowed  to disclose  their  most  recent  CAMELS  ratings  to National Government Agencies (NGAs), Government-Owned or -Controlled Corporations (GOCCs), and Local Government Units (LGUs), without prior BSP consent, through a certification, if such information is requested by the NGAs, GOCCs, or LGUs for the purpose of complying with a requirement of another government agency. These government agencies may validate with the BSP the CAMELS ratings disclosed to them by BSFIs by submitting to the BSP, BSFIs ™ (i) certification   on  their  CAMELS  rating,  and  (ii)  authorization   in  favor  of  the government agencies to validate the said certification with the BSP.

For guidance and immediate implementation.

(SGD) NESTOR A. ESPENILLA, JR.
Deputy Governor