Law Summary
Prohibited Outsourcing Activities
- Outsourcing of "inherent banking functions" is strictly prohibited; defined as outsourcing manpower for servicing deposit transactions.
- Management functions may not be outsourced except with Monetary Board authorization and justified circumstances.
Outsourcing of Information Technology (IT) Systems and Processes
- Banks may outsource IT systems/processes with prior Monetary Board approval, except for key strategic and control IT functions.
- Non-outsourcable IT functions include strategic planning, system functionality determination, change management, contract and security policy administration.
- Consultants may assist bank personnel in non-outsourcable IT functions subject to approval.
Requirements for IT Outsourcing
- Banks must submit a comprehensive outsourcing contract detailing scope, fees, security measures, responsibilities, confidentiality, disaster recovery plans, insurance, hardware/software ownership, audit access, BSP access, corrective measures, and remedies for service provider insolvency.
- Board of Directors' minutes must document benefits, evaluations of service providers, oversight and help desk structures, and testing procedures.
- Detailed profile of the selected IT service provider must be submitted including financials, track record, clientele, and competence evidence.
Outsourcing of Other Banking Functions
- With Monetary Board approval, banks can outsource data imaging, check processing (excluding Philippine Clearing House System), printing of deposit statements, and other board-determined activities.
- Additional permissible outsourcing includes credit card services, printing of loan statements, credit investigations, collections, export/import processing, securities transfer agent services, property appraisal/management, courier/security/janitorial services, and other activities as determined.
Service Providers
- Outsourcing contracts must be entered only with providers demonstrating sufficient technical and financial capability appropriate to the service scope.
Review of Existing Outsourcing Contracts
- Within six months from effectivity, banks must submit a complete list of outsourcing contracts with details on services, contract terms, confidentiality measures, and compliance information.
- Non-compliant contracts must be either pre-terminated, renegotiated and submitted to BSP, or a program of compliance submitted.
Penalties for Non-Compliance
- Violations are subject to penalties under Sections 34-37 of R.A. No. 7653 (New Central Bank Act).
- Monetary Board may suspend or remove directors/officers who violate the circular.
Repeal of Previous Regulation
- This circular supersedes Section X169 of the Manual of Regulations for Banks (MORB).
Effectivity
- The circular takes effect immediately upon issuance.