GUIDELINES FOR THE TREATMENT OF NON-DELIVERABLE FORWARDS INVOLVING THE PHILIPPINE PESO
(Appendix to Sec. 622 on Non-deliverable Forward Contracts Involving the Philippine Peso)
Definition of Terms. As used in this Appendix, the following terms are defined accordingly:
a) Peso Non-Deliverable Forwards (Peso NDFs) – refers to a forward foreign exchange (FX) contract involving the value of the Philippine peso against a foreign currency at a specified maturity date on an agreed notional amount. Only the net difference between the contracted forward exchange rate and the spot exchange rate between the Philippine peso and the foreign currency at the fixing date shall be settled. NDFs may be transacted by a bank with offshore or onshore counterparties.
b) Peso NDF Purchase with Non-Residents – refers to an NDF contract undertaken by the bank with a non-resident counterparty to receive foreign currency at an agreed forward exchange rate with the Philippine peso over a specified tenor.
c) Peso NDF Sale with Non-Residents – refers to an NDF contract undertaken by the bank with a non-resident counterparty to deliver foreign currency at an agreed forward exchange rate with the Philippine peso over a specified tenor.
d) Onshore Non-Deliverable Forward – refers to an NDF contract undertaken by the bank with a resident counterparty. It may be an NDF purchase or an NDF sale. All NDF contracts with residents shall be settled in Philippine pesos.
e) Fixing Date – refers to the date at which the difference between the prevailing market exchange rate and the agreed upon exchange rate or the reference rate is calculated. NDF contracts shall not be pre- terminated before their fixing date.
f) Settlement Date – refers to the date by which the payment of the difference is due to the party receiving payment.
a) the requirements of a Type 2 derivatives license;
b) the provisions of Appendix 22 (Risk Management Guidelines for Derivatives);
c) the provisions of Appendix 26 (Sales and Marketing Guidelines for Derivatives) is immediately prohibited from entering into further NDF transactions. Within five (5) banking days, the bank shall present to the appropriate supervising department of the Bangko Sentral a formal plan that will remedy the cited deficiencies and achieve the plan’s objectives within a reasonable period. If the remedial plan is deemed unacceptable by the appropriate supervising department of the Bangko Sentral, the bank shall be directed to close all of its outstanding positions within two (2) months.
a. First Offense
i. Reprimand for the directors/officers responsible for the violation with a warning that subsequent violations will be subject to more severe sanctions.
ii. Banks in breach of the limits shall be required to submit remedial plan to comply with the limits.
b. Subsequent Offense – Bank will be subject to any or all of the following, as may be recommended by the SES to the Monetary Board:
i. Restriction or prohibition on the bank from requesting new authority and/or licenses of any sort;
ii. Restriction or prohibition on the bank from declaring dividends; and
iii. Issuance of an order requiring the bank to cease and desist from conducting business in an unsafe and unsound manner and may further order that immediate action be taken to correct the conditions resulting from such unsafe or unsound banking.