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Great start for BBM administration

PRESIDENT Ferdinand R. Marcos, Jr. presides over a cabinet meeting at the Aguinaldo State Dining Room in Malacañan Palace on Oct. 25. — REVOLI CORTEZ/PPA POOL

Not even an eternal optimist like me expected that the Philippine GDP would grow by 7.6% in the third quarter of 2022, what with inflation exceeding 7% and many alarmists talking about the Philippine peso reaching “senior citizen” levels (meaning more than P60 to $1).

After Philippine GDP grew at more than 7% for six consecutive quarters, peaking at 12.2% during the second quarter of 2021, the majority of economic forecasters expected a median figure of 6.1% (I forecasted 6.5% myself). The first quarter of the existence of the administration of President Ferdinand Marcos, Jr. produced a hefty rate of 7.6%, surpassed only by India and Vietnam in the Indo-Pacific region.

As reported by Dr. Dennis Mapa, Undersecretary and Head Statistician and Civil Registrar General, the main contributors to this robust growth were wholesale and retail trade (evidence of “revenge spending”), repair of motor vehicles and motorcycles (“revenge traveling”) at 9.1% growth; financial and insurance activities, 7.7%; and construction, 12.2% (continuation of the Build, Build, Build activities of both the public and private sectors).

The three major economic sectors, i.e., agriculture, forestry and fishing, industry, and services all posted positive growth rates in the third quarter of 2022 with 2.2%, 5.8%, and 9.1% respectively. Especially notable is the 2.2% growth of agriculture, a sector notorious for negative growth rates in the past decade or so. Although there is no reason to be complacent, this respectable growth rate of agriculture (even the agribusiness behemoths of the ASEAN such as Thailand and Vietnam can grow their agriculture sector only at an average of 2-3% yearly) shows that the President as Secretary of Agriculture has started on the right foot. He just has to make sure that we maintain an average of 2-3% yearly growth of agriculture to contribute to even an 8-10% annual growth of GDP during his tenure.

This high rate of growth is attainable if, together with agriculture growing at 2-3% yearly, the present administration can partner closely with the private sector to increase our rate of investment from the historically low 20-22% of GDP to the more than 30% attained by our East Asian neighbors. This can be done if during the next six years, we can bring up Foreign Direct Investments (FDIs) to a level of $20 billion yearly, an amount that Vietnam has already reached. With the amendment of the Public Service Act and the very visible aggressive campaign of President Marcos Jr. to travel all over the world appealing to foreigners to come and invest in the Philippines, it is possible to attain this level of FDIs.

It is also significant that on the demand side, as Dr. Mapa reported, Household Final Consumption Expenditure grew by 8% in the third quarter of 2022. This highlights the importance of having a young and growing population of 112 million consumers who constitute the main engines of growth of the economy. Now that we can feel comfortable that the pandemic is behind us (without throwing caution to the wind by still retaining some of the safeguard measures such as wearing masks in very crowded places), we can continue to rely on consumer spending to help us grow at an average of 6-7% as a minimum.

There is no question that, as President Marcos Jr. emphasized in his recent trip to Cambodia, the strongest appeal to investors, whether domestic or foreign, is the large domestic market we now have, thanks to a fertility rate that is still above the replacement of 2.1 babies per fertile woman. In fact, I suspect that this is the greatest attraction to Elon Musk to be bullish in getting Starlink to invest heavily in the Philippines. Musk is one of the most vocal business leaders about the need to combat demographic decline which is threatening the whole developed world and even China, which has not yet reached First World status. The major role of consumption in helping us attain a high GDP growth rate convinces me that we shall see the fourth quarter GDP still growing at over 7%, despite high inflation (at least 5-6%). I forecast consumption to grow even more than 8% during the fourth quarter as a result of consumer spending related to the Christmas season.

Where will the money come from for consumers to spend? I see at least two major sources: remittances of OFWs (overseas Filipino workers) that will grow at more than 5% in the last quarter, as well as the foreign exchange earnings of the BPO-IT (business process outsourcing-information technology) sector that is enjoying a boom because of its ability to quickly adjust to work from home (WFH) modes of servicing their clients, both here and abroad. I also see the large corporations in the developed countries of North America and Europe trying to fight recessionary forces in their respective regions by outsourcing more and more of their online services to countries like India and the Philippines. In fact, I was so impressed with the bullish stance I perceived among the leaders of the BPO-IT industry who announced in a recent conference they had in Boracay that they hope to add one million more workers to their sector between now and 2028.

These two foreign exchange earning sectors are among those who are happy that the peso is depreciating vis-à-vis the US dollar. That means more purchasing power for the relatives of the OFWs and workers in the BPO-IT sector — higher incomes can partly compensate for the higher prices of consumer goods. In the New Year, consumers will get some relief from the lower rate of inflation expected, i.e., 4-5%, as the Central Bank turns very hawkish in increasing policy rates to over 5% to match the increases in the policy rates in the US. I see our Central Bank having enough tools to succeed in inflation targeting as our monetary authorities manifested during the two episodes of inflation in the last 20 years. In 2008, inflation rose to 8.26%; the year after, 2009, inflation was brought down to 4.2%. Then 10 years later, with another round of high inflation in 2018, which the Central Bank was able to bring it down to 2.4% the year after. If there is one institution, we can count on to do its job of inflation targeting, it is the Philippine Central Bank, whose Governors have been systematically rated as among the best in the world for at least the last 20 years.

On the demand side, there is clearly a sector that will be a drag to GDP growth — Government Final Consumption Expenditures which grew only at 0.8% for obvious reasons.

The government is buried deeply in debt incurred during the pandemic and can hardly be an engine of growth for at least the next two years. Even the high growth of gross capital formation to which government infrastructure spending made a significant contribution, may slow down if we depend too much on the continuation of the Build, Build, Build program of the Duterte administration. Continuous growth of this item on the demand side can only be assured by greater investments from the private sector in the Build, Build, Build program through Public-Private Partnership (PPP) projects and, more importantly, as already indicated above, from FDIs in such sectors as airports, railways, subways, telecommunications, energy, and other public services that can now be owned 100% by foreigners, thanks to the amendment of the Public Service Act. The role of the government in infrastructure building should be in endowing the rural and agricultural sectors with more farm-to-market roads, irrigation facilities, and other public services badly needed by the farmers to improve their productivity.

I would like to point out, however, that the present administration cannot claim all the credit for the good performance in its first quarter of being in power. Much of the resilience of the Philippine economy during these times of global economic crisis should be attributed to more than 30 years of slow but sure institution building (such as those we have seen in the Central Bank, the National Economic and Development Authority, the Department of Finance and its subsidiaries, the Department of Trade and Industry, etc.) that some of our most competent and honest officials were able to deliver. The current success can also be attributed to a good number of major economic reforms that corrected some serious mistakes in economic policy in the last century (inward-looking, protectionist industrialization measures, unrealistic foreign exchange rates, almost criminal neglect of rural and agricultural development, among others).

Our present leaders should also be thankful for the advantages the Philippine economy derives from its demographic dividend (a young, growing, English speaking population); geographic dividend (being at the epicenter of the most dynamic economic region in the world today that has not turned anti-globalization); and the temporal dividend (being at the stage of transitioning from a low-middle income to an upper middle income country in the next few years, a stage of income growth that will result in an explosion of demand for more sophisticated consumer goods and services.)

Humbly recognizing those favorable conditions being given to them on a silver platter, our leaders today can better chart our economic future by building on our strengths and removing our weaknesses or at least making them irrelevant.

 

Bernardo M. Villegas has a Ph.D. in Economics from Harvard, is professor emeritus at the University of Asia and the Pacific, and a visiting professor at the IESE Business School in Barcelona, Spain. He was a member of the 1986 Constitutional Commission.

bernardo.villegas@uap.asia

Without good governance, we can never be truly investment-friendly

BW FILE PHOTO

Attracting investments” is an often-espoused objective when we talk about the economy. The objective is to make our country more attractive to investors, whether foreign or domestic, who would put in capital and operate their businesses here in the Philippines. These businesses stimulate economic activity, create jobs for the people, allowing them to have an income they could spend on their needs and wants, and to improve their quality of life.

At the outset, however, is the daunting task of creating a conducive, investment-friendly business environment. This is complicated by the long-term consequences of the COVID-19 pandemic that created havoc in the world’s — and our — health system and economy.

So, how do we get investors to take a chance on the Philippines, or raise their stakes, if they are already here? How do we recover from the damage done by the pandemic and ensure a strong and sustainable economy that would redound to improvements in the daily lives of our people? How do we avoid derailing our growth?

A survey of CEOs of various corporations taken by PwC Philippines and the Management Association of the Philippines earlier this year is instructive. The top executives were asked what factor they thought would delay Philippine recovery. Sixty-seven percent of the respondents answered “corruption.”

There were other factors — lower investments, political uncertainty, inflation, rising oil prices, among others. But these were far down on the list.

Mirroring these findings, a Pulse Asia survey commissioned by our group, Stratbase, found that 36% of Filipinos felt that economic recovery and development would benefit if corruption were controlled. In the same survey, an overwhelming 91% of Filipinos agree that to effectively control corruption, the government should cooperate with different forces and groups in society. Moreover, 92% believe that the government should strengthen anti-corruption laws and mechanisms.

These are the sentiments of the people. The survey findings indicate that both the captains of industry and the Filipino masses are aware of the close links between how our leaders govern our country, how the government engages all other sectors in society, and how the economy recovers and develops.

In theory, the situation is crystal clear. Even the solution and the way ahead seem fairly obvious — to address economic problems and ensure sustained growth, the government needs to engage the private sector, and to get the private sector onboard, the government must establish the conditions that would make them want to invest. And the best way to create these conditions is to show that there is respect for the rule of law, and that there is transparency and accountability in the conduct of government affairs.

Unfortunately, accountability — I also like its stronger, more evocative Filipino term, “pananagutan” — is something that we lack in our governance culture. Imagine if the public sector as a whole were more accountable for its actions. Imagine if all our officials made their decisions in a transparent way, and always in the interest of the people. And then the government, again as a whole, would be responsive and Filipinos would feel that their government was truly working for them. This would also prevent any individualistic, personalistic reverence for this or that politician who, more often than not, delivers less than what was promised and is eventually found to have feet of clay. This time around, we want the entire institution of government — no matter the names and faces of individuals — to work for the people.

This is thus the perfect opportunity for the Marcos administration to take up transparency and accountability as a primary agenda. It was voted into office by a majority of votes and continues to enjoy high trust and popularity ratings more than 100 days into the job. The administration could make good use of its strong mandate in exemplifying governance on every level, thus sending a clear signal to the private sector that it is ready and willing to be genuine partners in nation-building.

If this happens, this will be in stark contrast to the previous administration which demonized the private sector as oligarchs and made conflicting, if not whimsical and vindictive, decisions in working with the business community. This was grossly unfounded and unfair, if I may say so, because the private sector has thus far lived up to its role not only as drivers of the economy but also stewards of the environment, factoring in sustainability measures into their business models and operations.

Most encouraging is that among the key legislative priorities of the Legislative-Executive Development Advisory Council (LEDAC), are the Budget Modernization bill which aims to strengthen fiscal discipline, and the National Government Rightsizing Program bill which, when enacted into law, are important reforms that will strengthen the government’s accountability and efficiency to deliver public services to the people.

I look forward to more conversations on the dynamic relationship between government, the private sector, and civil society. There will be more of this next week (Nov. 21-22) during this year’s Pilipinas Conference, organized by The Stratbase ADR Institute.

Specifically, our first session on Day 1 is themed “Governance and the Private Sector: Carving Paths to Inclusive Development.” Our discussion will center on opportunities for governance reform and private sector initiatives to promote investment-led, sustainable, and resilient economic growth.

We at Stratbase have always been privileged to engage top decision makers and thought leaders in our conferences. This is already the sixth year of the Pilipinas Conference, where we have the honor to again convene and strengthen meaningful partnerships to overcome our nation’s challenges and make ordinary Filipinos feel that our progress is inclusive.

 

Victor Andres “Dindo” C. Manhit is the president of the Stratbase ADR Institute.

Reassessment of the nationality requirements for renewable energy projects

FILIPE RESMINI-UNSPLASH

On Sept. 29, the Department of Justice (DoJ) rendered its Opinion No. 21, Series of 2022, holding that the 40% foreign equity limitation as provided under the 1987 Constitution should not apply to the exploration, development, and utilization of inexhaustible renewable energy (RE) resources. In other words, the DoJ takes the position that foreign investors may fully own certain renewable energy projects.

By way of background, Article XII, Section 2 of the 1987 Constitution provides in part that “[a]ll lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.” The same provision states that “[t]he State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least [60%] of whose capital is owned by such citizens.”

In 2009, the Department of Energy (DoE), based on its interpretation of the foregoing, released Department Circular No. DC2009-05-0008, or the Rules and Regulations Implementing the Republic Act No. 9513 (the RE Act IRR), which effectively limits the award of all renewable energy contracts to Filipino citizens and corporations or associations at least 60% of whose capital is owned by Filipinos. Section 19(a) of the RE Act IRR provides that “[a]ll forces of potential energy and other natural resources are owned by the State and shall not be alienated. These include potential energy sources such as kinetic energy from water, marine current and wind; thermal energy from solar, ocean, geothermal and biomass.”

The DoJ then issued the Opinion which appears to be contrary to Section 19(a) of the RE Act IRR but is based on a pragmatic and technical reading of the 1987 Constitution. The DoJ stated that the exploration, development, and utilization of solar, wind, hydro, and ocean or tidal energy should not be subject to the 40% foreign equity limitation since these resources are inexhaustible and thus beyond the ambit of the term “natural resources” in the 1987 Constitution, which contemplates only those limited and exhaustible resources that are susceptible of appropriation. The DoJ further opined that the term “all forces of potential energy” as stated in the 1987 Constitution should be understood in a technical sense and interpreted to exclude kinetic energy, in which solar, wind, hydro, and ocean or tidal energies are included. However, the use of water sources, if the same is directly harvested from the source by foreign nationals or entities, may not be allowed pursuant to the provisions of the Water Code of the Philippines and the pronouncement of the Supreme Court in the case IDEALS, Inc. vs. PSALM.

Significantly, while the DoJ’s Opinion is not considered binding, its influence is significant as it serves as a catalyst to the opening of the RE sector to 100% foreign ownership. In this regard, on Oct. 12, the DoE released the Draft Department Circular Prescribing Amendments to Sections 19 of Department Circular No. DC2009-05-0008, Entitled, Rules and Regulations Implementing Republic Act No. 9513, Otherwise Known as “The Renewable Energy Act of 2008” (“Draft Amendments to the Renewable Energy Act IRR”), which seeks to incorporate the DoJ’s interpretation in its Opinion in the RE Act IRR.

The salient provisions of the Draft Amendments to the Renewable Energy Act IRR are as follows:

First, Section 19 (A) of the RE Act IRR, which reserves the exploration, development, and utilization of RE resources for Filipino citizens and corporations or associations at least 60% of whose capital is owned by Filipinos, is deleted.

Second, Section 19 (B) of the RE Act IRR is amended to state that the RE Service or Operating Contracts for the following activities shall be reserved for Filipino citizens or corporations or associations at least 60% of whose capital is owned by Filipinos: a.) the appropriation of water direct from a natural source; or, b.) the exploration, development, and utilization of geothermal resources, except for financial or technical assistance agreements for large-scale exploration, development, and utilization of geothermal resources pursuant to Article XII, Section 2 of the Philippine Constitution.

While it is difficult to speculate if the Draft Amendments to the Renewable Energy Act IRR or a similar version will be approved and if the amendments will remain unchallenged, the Opinion and the Draft Amendments show that public policy is shifting towards the relaxing of foreign equity restrictions in the RE sector. Should the RE Act IRR be amended, we will likely see an increase in RE investments by foreign investors.

In this connection, during the DoE’s 2022 Virtual Energy Investment Forum on Oct. 28, Energy Secretary Raphael P.M. Lotilla stated that the proposed amendments to the Renewable Act IRR are in line with the goal of President Ferdinand Marcos, Jr.’s programs to develop the country’s RE. Given the administration’s strong push for RE, it appears that the Philippines is poised to catch up in the race to curb climate change.

This article is for general informational and educational purposes only and not offered as and does not constitute legal advice or legal opinion.

 

Monique B. Ang is an associate of the Corporate & Special Projects department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

mbang@accralaw.com

(632) 8830 8000

FTX debacle poses challenges for Asia’s crypto capital

JONATHAN BORBA-UNSPLASH

AS ASIA’s premier cryptocurrency hub, Singapore will have to answer some tough questions. At least one of them has gained urgency following the bankruptcy of Sam Bankman-Fried’s digital-asset empire: “What do we do about Satoshi’s original sin?”

Satoshi Nakamoto, the pseudonymous founder of the Bitcoin network, left a major gap in his original 2008 white paper. He didn’t suggest an obvious way for people to swap their dollars or other fiat cash for decentralized currencies like Bitcoin or Ether.

Specialized crypto bourses like FTX, one of the world’s largest exchanges of digital assets until recently, burst forth through this conceptual hole. They helped create spectacular wealth, as evidenced by Bankman-Fried’s now-eviscerated $26 billion fortune. But although they chose to go by the name “exchange,” they weren’t satisfied taking a fee from customers. The real prize was in becoming shadow banks. Globally, regulators let them get away with it, even allowing them to ride on the reputation of some of the world’s largest financial centers.

There was a reason for that indifference. Before the contagion set off by the crash of the Terra-Luna blockchain network this spring, authorities’ main preoccupation was with preventing a new conduit for financing terror and laundering money. The Financial Action Task Force, an inter-governmental rule-setting body, said in 2019 that it wanted crypto bourses to follow the “travel rule,” and identify the originator and the beneficiary by name in transactions above a threshold. When Singapore introduced a law that year to recognize crypto exchanges as payment service providers, it bolted on the travel rule to its licensing requirement.

This has been pretty much the global norm so far. The focus of the regulators worldwide is “generally on anti-money laundering and due diligence measures — not trading,” blockchain scholars Martin C.W. Walker and Winnie Mosioma noted in their survey last year of 16 major crypto exchanges. They found only four to be regulated significantly when it came to trading.

Clearly, the scope of scrutiny needs to expand. Singapore, in the eye of the storm because of the city’s links with the now-defunct Three Arrows Capital hedge fund, the Terra-Luna project, and collapsed crypto platforms Hodlnaut and Zipmex, has already adopted a more cautious stance on consumer protection. In a consultation paper last month, the island’s monetary authority asked the public if digital-token payment services should be “required to appoint an independent custodian to hold customers’ assets.” After the most recent meltdown, in which FTX reportedly lent billions of dollars of clients’ funds to Alameda Research, a connected trading firm, the answer has to be obvious.

Another important lesson for Singapore from the Bankman-Fried saga may be that a license seeker may offer one of its doors for inspection, while it conducts business with the city’s wealthy population via another. According to a Straits Times article, FTX had a Singapore entity Quoine, which had the central bank’s permission to take on local customers pending a review of its license application. Yet Singaporean investors who have lost money were clients of FTX.com; there was no attempt to migrate them even though it was Quoine that was to be ultimately renamed as FTX Singapore, the article said. “The funds of Singapore investors in FTX.com are not parked under Quoine as FTX.com and Quoine operate as separate legal entities,” a spokesperson for the Monetary Authority of Singapore said in a statement. “Singapore users have the choice to deal with either FTX.com or Quoine. MAS has not required FTX.com to migrate Singapore users to Quoine.”

In conventional finance, the 2008 subprime crisis was a cautionary tale. Entities with liquid liabilities, illiquid assets, and no access to central bank emergency lines were in fine shape as long as the housing market only went up. Crypto bros simply replaced homes with even riskier digital assets and replicated the same dangerous shadow-banking model. Yet authorities globally weren’t in a hurry to prescribe risk-based capital or liquidity requirements for them. That’s because only a thin channel connected the small pond of digital-asset trading with the vast ocean of traditional finance: According to one survey, major banks’ exposure to cryptocurrencies was less than $200 million in 2020.

But low institutional entanglement doesn’t mean that the industry can be left lightly supervised. The stakes will only rise as decentralized finance, or DeFi, attempts to recreate all of regular banking, investment, and insurance on the blockchain. The focus of Western regulators even here will be on how algorithms are used to launder money. The US Office of Foreign Assets Control opened a fresh can of worms this summer when it placed sanctions on a set of smart contracts — self-executing computer programs — that reduce the traceability of some virtual assets.

The sledgehammer may be the right tool in some instances, but not all. To make DeFi safer, one option suggested by Bank of Italy economist Claudia Biancotti is to require developers to embed certain controls in protocols before they assume a life of their own.

There’s plenty to do here for Singapore. It has an opportunity to lead the world by coming up with a comprehensive licensing regime for digital-asset intermediaries as well as code. To not allow crypto advertising around the tracks during the city’s annual Formula One night race or to prevent people from buying tokens with credit cards is the weak-tea version of consumer protection. After this year’s string of debacles, filling the gap that Satoshi left unaddressed should go right on top of the regulatory agenda.

BLOOMBERG OPINION

IMF’s Georgieva urges G20 leaders to ‘allow trade to do its job’

International Monetary Fund (IMF) Managing Director Kristalina Georgieva. — IMF Photo/Kim Haughton

NUSA DUA, Indonesia — International Monetary Fund (IMF) Managing Director Kristalina Georgieva warned Group of 20 (G20) leaders on Tuesday against allowing trade protectionism to “take root” and said fragmentation of the world economy into geopolitical blocs would significantly hurt growth. 

In prepared remarks delivered at the Group of 20 leaders summit, Ms. Georgieva said that 345 million people in the world were now suffering from a food crisis as a result of Russia’s war in Ukraine, high inflation and climate disasters. She said G20 countries should “allow trade to do its job.” 

“Removing barriers, especially for food and fertilizers, can go a long way to counter the suffering of hundreds of millions of people,” Ms. Georgieva said. 

“We must not allow protectionism to take root and the world to drift into separate blocs.” 

Ms. Georgieva has long warned against fragmentation of the world economy into blocs led by the United States and Western allies on one side, and China and other state-driven economies on the other, saying this would lead to differing technology and regulatory standards and increasing trade protectionism. 

The IMF has calculated that such a divided world would lose at least 1.5% of GDP output annually. 

“And the cost would be much higher — two times higher or more — for open economies, those that depend on international cooperation,” she said. 

There was still time to avoid this situation and “prevent sleepwalking into a world that is poorer and less secure,” she added. 

Ms. Georgieva also reiterated her call for G20 countries to accelerate efforts to provide debt relief to poorer countries slammed by coronavirus disease 2019 (COIVD-19), Ukraine war spillovers and inflation. 

For 25% of emerging market economies and 60% of low-income countries, it is crushing their ability to deal with food and energy insecurity, she said. 

She lauded Chad’s deal with creditors to restructure $3 billion in external debt, saying it was evidence G20’s long delayed common debt treatment framework was starting to deliver results. 

“But we need to do much, much more,” Ms. Georgieva said. — Reuters

Europe must avoid over-reliance on China, says EU leader

European Council President Charles Michel. — European Union

NUSA DUA, Indonesia — Europe will engage with China but needs to “rebalance” the relationship to avoid becoming too reliant on the country for areas like innovative technology, European Council President Charles Michel said on Tuesday. 

Mr. Michel said Monday’s meeting between US President Joseph R. Biden, Jr., and Chinese leader Xi Jinping was important and positive in the sense “there is a choice for competition but not a systematic conflict.”  

Europe will also engage with China despite differences the two sides had, as it was “important to listen to each other, to develop a better understanding,” Mr. Michel told a news conference before attending the G20 leaders’ summit.  

But Europe must avoid making “the same mistakes” it made by relying too heavily on Russia’s fossil fuels, he said. “With China, we don’t want to be too dependent for the innovative technology that we need today, and that we need more in the future,” he said. “That’s why it’s important to rebalance relationship and for that, it’s important also to engage with China authorities.”  

Leaders of the Group of 20 (G20) major economies open talks on Tuesday on the island of Bali, after a final pitch by host Indonesia for the bloc to focus on action to help a global economic recovery despite deep rifts due to the war in Ukraine.  

In a sign of the challenges of forging an agreement among the leaders, Mr. Michel said Europe must try to use the G20 meeting to convince members to put more pressure on Russia for triggering a global energy and food crisis with the war.  He said there was an agreement among officials on a text communique for Monday evening, which he described as “positive.” However, such a communique would need to be confirmed by the leaders.  

The G20 ministers’ gatherings have failed to produce joint communiques due to disagreement between Russia and other members on language, including on how to describe the war in Ukraine. — Reuters

Rich nations stick to coal phase-out as China builds new plants

REUTERS

LONDON/SHARM EL-SHEIKH — Rich nations have stuck to pledges to phase out coal power despite the energy crunch in the wake of the Ukraine war but China’s expanding coal fleet risks counteracting the climate impact of the closures, a report said on Tuesday. 

Countries within the Organization for Economic Cooperation and Development (OECD) policy forum and the European Union are on track to close more than 75% of their coal power capacity from 2010 to 2030, the Powering Past Coal Alliance (PPCA) said. 

Greenhouse gas emissions from burning coal are the single biggest contributor to climate change. Weaning the world off coal is considered vital to achieving global climate targets, but coal is also the single biggest fuel to make electricity. 

While some countries such as Britain and Germany have delayed the closure of coal plants this winter due to concerns over Russian energy supplies, overall phase-out dates remained intact, according to the report released to coincide with the COP27 climate summit of world leaders in Egypt. 

This year’s conference has seen the chiefs of big gas firms, previously ostracized at COP meetings, tout their product as a cleaner alternative to coal in an energy-constrained world. 

“Accelerated retirements (of coal plants) within the OECD and the collapse in the scale of new project proposals in the rest of the world have been counteracted by the ongoing expansion of the coal fleet in China,” said the PPCA, an international campaign aimed at phasing out the fuel. 

China has pledged to bring the country’s carbon emissions to a peak by 2030 and achieve carbon neutrality by 2060. On Monday, China said it did not oppose mentioning 1.5 degrees Celsius as a goal for limiting global warming. But China’s climate envoy, Xei Zhenhua, said last week the country would need to retain some coal plants to maintain the stability of its power grid. 

There are still plans for almost 300 gigawatts (GW) of new coal power capacity globally with around two-thirds of this slated to be built in China, the report showed. 

The emissions from existing coal plants alone would tip the world across the 1.5°C limit with global coal demand stable near record highs for the past decade, the International Energy Agency said in a report also released on Tuesday. 

The transition away from coal-fired power generation will be especially hard in Indonesia, Mongolia, China, Vietnam, India and South Africa, the IEA said, calling for a massive increase in financing to move poorer countries away from coal. — Reuters

Russian software disguised as American finds its way into US Army, CDC apps

US CENTERS FOR DISEASE CONTROL

LONDON/WASHINGTON — Thousands of smartphone applications in Apple and Google’s online stores contain computer code developed by a technology company, Pushwoosh, that presents itself as based in the United States, but is actually Russian, Reuters has found. The Centers for Disease Control and Prevention (CDC), the United States’ main agency for fighting major health threats, said it had been deceived into believing Pushwoosh was based in the US capital. After learning about its Russian roots from Reuters, it removed Pushwoosh software from seven public-facing apps, citing security concerns. 

The US Army said it had removed an app containing Pushwoosh code in March because of the same concerns. That app was used by soldiers at one of the country’s main combat training bases. 

According to company documents publicly filed in Russia and reviewed by Reuters, Pushwoosh is headquartered in the Siberian town of Novosibirsk, where it is registered as a software company that also carries out data processing. It employs around 40 people and reported revenue of 143,270,000 rubles ($2.4 million) last year. Pushwoosh is registered with the Russian government to pay taxes in Russia. 

On social media and in US regulatory filings, however, it presents itself as a US company, based at various times in California, Maryland and Washington, DC, Reuters found. 

Pushwoosh provides code and data processing support for software developers, enabling them to profile the online activity of smartphone app users and send tailor-made push notifications from Pushwoosh servers. 

On its website, Pushwoosh says it does not collect sensitive information, and Reuters found no evidence Pushwoosh mishandled user data. Russian authorities, however, have compelled local companies to hand over user data to domestic security agencies. 

Pushwoosh’s founder, Max Konev, told Reuters in a September email that the company had not tried to mask its Russian origins. “I am proud to be Russian and I would never hide this.” 

He said the company “has no connection with the Russian government of any kind” and stores its data in the United States and Germany. 

Cybersecurity experts said storing data overseas would not prevent Russian intelligence agencies from compelling a Russian firm to cede access to that data, however. 

Russia, whose ties with the West have deteriorated since its takeover of the Crimean Peninsula in 2014 and its invasion of Ukraine this year, is a global leader in hacking and cyber-espionage, spying on foreign governments and industries to seek competitive advantage, according to Western officials. 

HUGE DATABASE
Pushwoosh code was installed in the apps of a wide array of international companies, influential non-profits and government agencies from global consumer goods company Unilever Plc and the Union of European Football Associations (UEFA) to the politically powerful U.S. gun lobby, the National Rifle Association (NRA), and Britain’s Labour Party. 

Pushwoosh’s business with US government agencies and private companies could violate contracting and US Federal Trade Commission (FTC) laws or trigger sanctions, 10 legal experts told Reuters. The FBI, US Treasury, and the FTC declined to comment. 

Jessica Rich, former director of the FTC’s Bureau of Consumer Protection, said “this type of case falls right within the authority of the FTC,” which cracks down on unfair or deceptive practices affecting U.S. consumers. 

Washington could choose to impose sanctions on Pushwoosh and has broad authority to do so, sanctions experts said, including possibly through a 2021 executive order that gives the United States the ability to target Russia’s technology sector over malicious cyber activity. 

Pushwoosh code has been embedded into almost 8,000 apps in the Google and Apple app stores, according to Appfigures, an app intelligence website. Pushwoosh’s website says it has more than 2.3 billion devices listed in its database. 

“Pushwoosh collects user data including precise geolocation, on sensitive and governmental apps, which could allow for invasive tracking at scale,” said Jerome Dangu, co-founder of Confiant, a firm that tracks misuse of data collected in online advertising supply chains. 

“We haven’t found any clear sign of deceptive or malicious intent in Pushwoosh’s activity, which certainly doesn’t diminish the risk of having app data leaking to Russia,” he added. 

Google said privacy was a “huge focus” for the company but did not respond to requests for comment about Pushwoosh. Apple said it takes user trust and safety seriously but similarly declined to answer questions. 

Keir Giles, a Russia expert at London think tank Chatham House, said despite international sanctions on Russia, a “substantial number” of Russian companies were still trading abroad and collecting people’s personal data. 

Given Russia’s domestic security laws, “it shouldn’t be a surprise that with or without direct links to Russian state espionage campaigns, firms that handle data will be keen to play down their Russian roots,” he said. 

‘SECURITY ISSUES’
After Reuters raised Pushwoosh’s Russian links with the CDC, the health agency removed the code from its apps because “the company presents a potential security concern,” spokesperson Kristen Nordlund said. 

“CDC believed Pushwoosh was a company based in the Washington, DC area,” Nordlund said in a statement. The belief was based on “representations” made by the company, she said, without elaborating. 

The CDC apps that contained Pushwoosh code included the agency’s main app and others set up to share information on a wide range of health concerns. One was for doctors treating sexually transmitted diseases. While the CDC also used the company’s notifications for health matters such as COVID, the agency said it “did not share user data with Pushwoosh.” 

The Army told Reuters it removed an app containing Pushwoosh in March, citing “security issues.” It did not say how widely the app, which was an information portal for use at its National Training Center (NTC) in California, had been used by troops. 

The NTC is a major battle training center in the Mojave Desert for pre-deployment soldiers, meaning a data breach there could reveal upcoming overseas troop movements. 

US Army spokesperson Bryce Dubee said the Army had suffered no “operational loss of data,” adding that the app did not connect to the Army network. 

Some large companies and organizations including UEFA and Unilever said third parties set up the apps for them, or they thought they were hiring a US company. 

“We don’t have a direct relationship with Pushwoosh,” Unilever said in a statement, adding that Pushwoosh was removed from one of its apps “some time ago.” 

UEFA said its contract with Pushwoosh was “with a US company.” UEFA declined to say if it knew of Pushwoosh’s Russian ties but said it was reviewing its relationship with the company after being contacted by Reuters. 

The NRA said its contract with the company ended last year, and it was “not aware of any issues.” 

Britain’s Labour Party did not respond to requests for comment. 

“The data Pushwoosh collects is similar to data that could be collected by Facebook, Google or Amazon, but the difference is that all the Pushwoosh data in the US is sent to servers controlled by a company (Pushwoosh) in Russia,” said Zach Edwards, a security researcher, who first spotted the prevalence of Pushwoosh code while working for Internet Safety Labs, a nonprofit organization. 

Roskomnadzor, Russia’s state communications regulator, did not respond to a request from Reuters for comment. 

FAKE ADDRESS, FAKE PROFILES
In US regulatory filings and on social media, Pushwoosh never mentions its Russian links. The company lists “Washington, DC” as its location on Twitter and claims its office address as a house in the suburb of Kensington, Maryland, according to its latest US corporation filings submitted to Delaware’s secretary of state. It also lists the Maryland address on its Facebook and LinkedIn profiles. 

The Kensington house is the home of a Russian friend of Mr. Konev’s who spoke to a Reuters journalist on condition of anonymity. He said he had nothing to do with Pushwoosh and had only agreed to allow Konev to use his address to receive mail. 

Mr. Konev said Pushwoosh had begun using the Maryland address to “receive business correspondence” during the coronavirus pandemic. 

He said he now operates Pushwoosh from Thailand but provided no evidence that it is registered there. Reuters could not find a company by that name in the Thai company registry. 

Pushwoosh never mentioned it was Russian-based in eight annual filings in the US state of Delaware, where it is registered, an omission which could violate state law. 

Instead, Pushwoosh listed an address in Union City, California as its principal place of business from 2014 to 2016. That address does not exist, according to Union City officials. 

Pushwoosh used LinkedIn accounts purportedly belonging to two Washington, DC-based executives named Mary Brown and Noah O’Shea to solicit sales. But neither Brown nor O’Shea are real people, Reuters found. 

The one belonging to Brown was actually of an Austria-based dance teacher, taken by a photographer in Moscow, who told Reuters she had no idea how it ended up on the site. 

Konev acknowledged the accounts were not genuine. He said Pushwoosh hired a marketing agency in 2018 to create them in an attempt to use social media to sell Pushwoosh, not to mask the company’s Russian origins. 

LinkedIn said it had removed the accounts after being alerted by Reuters. — Reuters

Investa Summit to give insights on investing amid bear markets

The Investa Summit, running from Nov. 25 to 27, invites investors to learn how to thrive under harsh market conditions from world-class traders and investors in stocks and the Web3 space.

Going strong in its 6th year, the Investa Summit is themed towards dealing with bear markets. As this year has proven to be difficult for investors, traders, and fund managers alike, the following speakers will be giving the audience timely lessons on how to stay alive in the markets as well as how to prepare as early as now for the opportunities to come:

Jack Schwager, Author of Market Wizards

Jared Tendler, Best-selling Author & Mental Game Coach

Tom Basso, Market Wizard

Mark Yusko, CEO & CIO of Morgan Creek, Managing Partner of Morgan Creek Digital

Akio Kashiwagi, Founder of MoneyGrowersPH

Lawrence Lee, President & CEO of CTS Global

Edmund Lee, President & CEO of Caylum Trading Institute

Javi Medina, Managing Director and CIO of BIM, Founder of Open Journal

Emmanuel Onuoha, Founder of Openwaver

George Asibal, Founder of ZFT

Bernhard Tsai, COO of BDO Securities

Michael Enrile, Equities Portfolio Manager of BIMI

Miguel Agarao, Vice President of PhilEquity

Tonio Garcia, Head of Retail & Online Marketing, RCBC Securities

Miguel Liboro, Head of Local Markets, ATRAM

Bear markets often present the best opportunities to invest. Crises will often give the market the chance to buy quality stocks at a discount, and crises will also lead them toward the new market trends that may emerge.

“The greatest wealth is created by being an early investor in innovation,” said Mark Yusko, one of the Investa Summit’s speakers.

Doing so entails other responsibilities as well such as scouting for the best prospects, surviving the winter long enough to reap the benefits, and many other aspects. This is exactly what the Investa Summit wants to bring to its audience: lessons and wisdom that will help them find opportunities in crisis.

Investagrams, the leading social-financial platform and mobile app in the Philippines, is in charge of organizing the Investa Summit. The platform offers virtual stock market trading, analytical tools, market education, and a social network to empower traders and investors of all levels in order to help them keep on top of the global markets. The Investa Summit is another step in the company’s goal of increasing the number of Filipinos who invest in the Philippines to 10 million.

Tickets for the virtual summit start at only P999. For more information, head over to https://www.investagrams.com/InvestaSummit/.

 


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Meet Alex Canata, your go-to-guy in Access MCLE

Alex Canata, co-founder and program director of ACCESS MCLE

Delivering Mandatory Continuing Legal Education (MCLE) certificates of compliance on time to lawyers has always been a commitment and fulfillment for Alex Canata, Co-Founder and Program Director of ACCESS MCLE, the first-ever accredited online MCLE provider in the country. Such certification is necessary for lawyers to continue appearing in court to sign and file pleadings.

For Mr. Canata, this has become a calling — his personal way of helping the country through ensuring continuous development of the legal practice. He is aligned with ACCESS MCLE’s goal to develop a positive mindset among Filipino lawyers when it comes to MCLE, a mandate by the Supreme Court to keep practicing lawyers updated to the evolving legal system.

Mr. Canata has been helping lawyers fulfill MCLE requirements for almost two decades now. He has been involved in planning, marketing, registration, delivery, post-reporting, and record-keeping of numerous MCLE seminars for thousands of legal practitioners across various compliance periods.

Long journey

In 2007, he met Atty. Ma. Louella Aranas in a seminar conducted by another MCLE provider, where he used to work as facilitator. “Back then, we had discussed the possibility of setting up an organization that will provide continued professional development not only for lawyers but for other licensed professions,” he recalled.

Mr. Canata admits that the ‘birthing pain’ of ACCESS MCLE was overwhelming — considering the challenges of completing all requirements to partner with a law school. After almost half a year of strenuous meetings with various prospective law schools, ACCESS MCLE was finally established in 2017 by Mr. Canata and Atty. Aranas, and was granted an accreditation as an MCLE Provider upon the partnership with Adamson University College of Law, one of the country’s premier law schools.

ACCESS MCLE under Mr. Canata and Atty. Aranas has been working together with Adamson University College of Law Dean Atty. Anna Maria Abad to continuously make MCLE more accessible and enriching for learners through programs that are developmental and transformative for today’s Filipino legal practitioners.

“Over the years, I have gained a deeper understanding of lawyers’ pressing work load. I know how valuable their time is as they serve their clients and attend to many other things in line with the legal profession. Thus, we at ACCESS MCLE are committed to make our curated programs worth their time. By ensuring satisfaction with our MCLE offerings, we know we’re getting free marketing as well as most of our learners actually recommend our programs to their colleagues,” said Mr. Canata.

Keeping a reliable team

Making the workplace cozier and more conducive for personal growth of team members is another commitment being fulfilled by Mr. Canata. “I consider my team as younger brothers and sisters. As an older brother, I make sure that everyone is able to deliver and complete his task. I value insights from Atty. Peaches [Aranas] and share those with my teammates.”

Mr. Canata and his team are point persons lawyers can get in touch with for inquiries and registration for any of ACCESS MCLE’s curated programs. ACCESS MCLE offers online on-demand (asynchronous) or online class (synchronous) setup. It has also introduced a new version of the synchronous program dubbed as Flexi-Synch, which makes ACCESS MCLE courses available all year round — if a learner misses a lesson, that same lesson will be offered on the same day and time on the following month.

“I would like to remind those who intend to sign up to have their roll numbers on hand as well as other information on the MCLE courses they have taken to make enlisting with our programs much faster. We would be glad to welcome our lawyer friends to our curated and unique programs that have been customized for them,” Mr. Canata concluded.

Mr. Canata could be reached through email (askalex@accessonline.ph).

 


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Pag-IBIG members save record-high P66.66B in Jan.-Oct., up 27%; MP2 Savings surpasses P33B, up 57%

Pag-IBIG Fund members have saved more than P66 billion in the last 10 months, breaking yet another record for the period and exceeding all prior full year figures, top agency officials announced last Nov. 14.

From January to October, the amount collectively saved by members with the agency totaled P66.66 billion – the highest for any 10-month period. The savings collected so far this year grew 27% from the same period in 2021 and has surpassed all full year figures in the agency’s history including last year, when it collected P63.67 billion, Pag-IBIG Fund’s best performing year yet.

“Pag-IBIG Fund has again set another record-high, this time in its members savings collections. It speaks well of the trust that our members and stakeholders have in our capability to manage their savings excellently and prudently. With more funds, Pag-IBIG remains in a strong position to finance its programs, particularly its home loans, while keeping interest rates on its loans low. All these are part of our efforts in support of President Ferdinand Marcos Jr.’s call for providing a better life for all Filipinos,” said Secretary Jose Rizalino L. Acuzar, who heads the Department of Human Settlements and Urban Development (DHSUD) and the 11-member Pag-IBIG Fund Board of Trustees.

Continuing to drive the growth of its members’ savings is the agency’s voluntary savings program, the Modified Pag-IBIG 2 or MP2 Savings. In the last 10 months, MP2 Savings amounted to a record-breaking P 33.72 billion or 51% of the total savings collected by the agency during the period.

Pag-IBIG Fund Chief Executive Officer Marilene C. Acosta, meanwhile, noted that the MP2 Savings continues to display remarkable growth, as it posted a 57% increase from the P21.43 billion collected during the same period last year.

“The dramatic growth of our MP2 Savings started in 2016, when collections first breached the P1-billion level. We are happy to note that this year is even more remarkable as the P33.72 billion collectively saved by our members during the first 10 months of the year has already well surpassed the entire year’s record-high collection of P25.95 billion in 2021. We thank our members for their continued trust in Pag-IBIG Fund. And, with only a few weeks remaining before the year ends, we assure our members that we are doing all that we can to provide them the best return rates on every hard-earned peso they have saved with us. That is our way of providing them Tapat na Serbisyo, Mula sa Puso,” Acosta added.

 


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vivo gives exciting prizes, freebies for the Christmas season

vivo, one of the country’s top smartphone manufacturers, wishes to continue the Filipino tradition of selfless giving by giving away an exciting slew of promos and freebies courtesy of Paskong La vivo Loca, an early Christmas treat from vivo.

From Nov. 15, 2022 to Jan. 31, 2023, customers who purchase any of the participating vivo smartphone models earn a chance to play the Christmas Paroleta and Lucky Box Raffle by vivo. Participating vivo models include the vivo Y series favorites Y01, Y02, Y02s, Y15A, Y16, Y22s, and Y35; the night portrait master series vivo V25 Pro, V25, and V25e; and the ZEISS co-engineered, the vivo X80 variant.

“This Christmas giveaway festival is our way of thanking our customers for a prosperous 2022. We honor the Filipino tradition of a long and festive yuletide celebration through a nationwide and months-long gift-giving we call Paskong La vivo Loca. We hope that through this effort, and all our future activities, our customers feel our appreciation of their loyalty and support to the brand,” said vivo Philippines Senior Brand Supervisor Kelly Oliveros.

With its Christmas Paroleta promo, vivo gives phone buyers an extra treat to make their purchase even more memorable. A single receipt purchase of any participating vivo phone is entitled to get a prize. A single receipt worth P15,000 and less earns one a single chance to spin a roulette and win exciting prizes. Purchases worth over P15,000 gives two spins, as well as a choice to take home the best prize (one item only) for the customer.

vivo’s Lucky Box Raffle, meanwhile, gives customers a chance to draw a number from a raffle box and check vivo’s list of items for the number they have chosen.

Both games entitle phone buyers to win any of the following prizes: a smartwatch, premium tumbler, headset, P200 vivo store voucher (to be used for e-commerce platform only such as Lazada, Shopee and vivo official website store), umbrella, six months warranty, 64GB SD card, and P100-P200 BASEUS vouchers.

On top of all these exciting prizes, vivo customers have a chance to take home the grand prize, a vivo V25 smartphone.

The #vivoChristmasParoleta2022 and #vivoChristmasLuckyBoxRaffle are available in vivo kiosks, concept stores and main multi-brand stores nationwide. To claim, winners will be asked to fill out a Google form with their purchase and personal information to better track the items sent out. Participants have to be 18 years old and older to qualify.

Visit vivo’s official Shopee store and Lazada for more exclusive deals and promos. For more information about #PaskongLavivoLoca offers and freebies, visit its TikTok and its official website.

 


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