Title
Temporary Registration of Private Foreign Loans
Law
Circular No. 985
Decision Date
Jan 15, 2018
A six-month temporary window allows private sector borrowers to register unapproved foreign loans with the Bangko Sentral ng Pilipinas, provided the funds are used for legitimate purposes, with a fixed registration fee of PHP 20,000 and compliance reporting requirements.
A

Mechanics for Registration

  • Loans/borrowings must have been utilized for legitimate projects or purposes not contrary to existing laws, public order, health, safety, or policy.
  • Borrowers must submit an Application for Registration of Private Sector Foreign Loans/Borrowings to BSP’s International Operations Department within six months.
  • Required documents and proof of registration fee payment must accompany the application.
  • BSP issues a Bangko Sentral Registration Document (BSRD) upon approval.
  • BSRD must be presented with other documentary requirements for authorized foreign exchange transactions to service the loan without prior BSP approval.

Registration Fee

  • Fixed registration fee of PHP 20,000 is required.
  • Fee must be paid to BSP using Manager’s Check or Cashier’s Check upon submission of the registration application.

Reporting Requirements

  • Authorized agent banks (AABs), AAB forex corporations, and private borrowers have specific reporting obligations to BSP:
    • FX selling institutions must report FX sales within 5 banking days after the reference week via established FX Forms.
    • Private borrowers must file monthly reports on medium/long-term and short-term foreign borrowings within 5 banking days after the reference month.
  • Failure to comply with registration or reporting conditions can lead to cancellation of the BSRD.
  • Cancellation renders the loan ineligible for servicing through authorized foreign exchange resources.

Effectivity

  • The guidelines and temporary registration window take effect on January 15, 2018.

Definitions and Important Legal Concepts

  • Foreign loans/borrowings refer to obligations owed by residents to non-residents regardless of currency.
  • The BSP exercises regulatory oversight over foreign loans to ensure compliance with Philippine laws and foreign exchange regulations.

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