Title
Confidentiality of BSP Exam Reports
Law
Memorandum No. M-2015-040
Decision Date
Nov 25, 2015
The Bangko Sentral ng Pilipinas mandates that the Report of Examination (ROE) is confidential property, prohibiting disclosure by banking institutions except under specific conditions with prior consent, while allowing limited sharing of CAMELS ratings with government entities.
A

Permitted Circumstances for Disclosure

  • Directors or officers of BSFIs may disclose the ROE content under the following conditions:
    1. To financial consultants, heads of due diligence teams, or potential business partners with prior written consent from the BSP's Deputy Governor of the Supervision and Examination Sector.
    2. To other third parties, only with approval from the Monetary Board or the Governor of the BSP.

Access Rights of External Auditors

  • BSFIs may allow their external auditors (EAs) to access the ROE on a read-only basis without prior BSP approval.
  • External auditors must include confidentiality clauses regarding the ROE in their audit engagement letters.
  • This ensures appropriate protection and confidentiality of the ROE content during audits.

Disclosure of CAMELS Ratings to Government Entities

  • BSFIs are authorized, without prior BSP consent, to disclose their most recent CAMELS ratings to:
    • National Government Agencies (NGAs)
    • Government-Owned or -Controlled Corporations (GOCCs)
    • Local Government Units (LGUs)
  • Such disclosures must be made via certification and only if requested for compliance with other government agency requirements.
  • The requesting government entity can validate the disclosed CAMELS rating with the BSP by submitting:
    1. A certification of the CAMELS rating.
    2. An authorization allowing BSP to verify the certification.

Implementation and Compliance

  • BSFIs and relevant stakeholders are directed to adhere strictly to these confidentiality rules.
  • Immediate and consistent implementation of these provisions is mandated by the BSP.
  • This memorandum serves as the official guidance to ensure protection of sensitive examination reports and regulatory information.

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