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DoJ sees criminal liability of police in drug war cases  

PHILIPPINE STAR/ JOVEN CAGANDE

JUSTICE SECRETARY Menardo I. Guevarra said 154 policemen involved in the 52 drug war cases turned over by the national police in June to the Justice department will possibly face criminal charges and not just administrative liability.  

“The DoJ (Department of Justice) noted that based on the facts gathered by the Philippine National Police (PNP) Internal Affairs Service, the police officers involved in these cases were not only administratively liable; the existing evidence pointed to their possible criminal liability as well,” Mr. Guevarra told reporters in a Viber group message on Sunday.   

He added that the 52 cases, which took four months of review, will be endorsed to the National Bureau of Investigation (NBI) for case build-up, if deemed necessary, and it can file the criminal complaints directly afterwards.  

Of the 52 cases, Mr. Guevarra said one is not drug war-related and one does not involve death, but all cases will still be endorsed to the NBI.   

Mr. Guevarra further said that the DoJ and the NBI “will cooperate in future investigations on similar instances so that criminal and administrative liability will simultaneously be determined.”  

He said the report itself cannot be released yet to the public as it “is a confidential memo for the President, but we are informing the public of its contents.”   

The Justice department will also discuss with the Commission on Human Rights if it should be involved in the next phase of the work of the drug review panel.   

While waiting for the NBI’s action, Mr. Guevarra said the DoJ will focus on the nearly 100 cases connected to the drug war filed in courts nationwide.    

In his speech on Sept. 21 at the 76th United Nations General Assembly, President Rodrigo R. Duterte directed the DoJ and the PNP to strengthen their review of drug war-related deaths.    

Mr. Duterte also said that “(t)hose found to have acted beyond bounds during operations shall be made accountable before our laws.”  

Human rights lawyer Neri J. Colmenares, in a telephone interview on Sept. 16, said the Duterte administration is “fooling the people to file drug war-related cases in local courts because the President has immunity here” over lawsuits.    

Mr. Colmenares also said that many human rights lawyers think that the government investigation is “not genuine because it took place only five years after the extrajudicial killings started.”  

About 6,100 suspected drug dealers and users have been killed since Mr. Duterte took office in June 2016, according to government data. On the other hand, the UN Human Rights Watch said in its World Report 2021 that its Office of the High Commissioner for Human Rights put the death toll from the Philippine drug war at 8,663. Other human rights groups, including the Commission on Human Rights, believe that the real figure is around 30,000. — Bianca Angelica D. Añago  

Health coalition calls on gov’t to back waiver on IPR for COVID vaccines 

PHILIPPINE STAR/ MICHAEL VARCAS

A COALITION on health rights on Sunday urged the Philippine government to back international calls for the waiving of intellectual property rights for coronavirus vaccines.    

“Government pronouncements have highlighted the lack of vaccine supply, yet does not acknowledge the question of inequity on an international scale — one that the TRIPS (Trade-Related Aspects of Intellectual Property Rights ) waiver dares to answer by providing more opportunities to manufacture and produce vaccines outside the profit-oriented pharmaceutical monopolies,” the Coalition for People’s Right to Health (CPRH) said in a statement.     

Mr. Duterte has criticized wealthy nations for hoarding coronavirus vaccines while poor countries struggle to secure shots for their population.   

“Rich countries hoard life-saving vaccines while poor nations wait for trickles,” he said in a taped speech to the 193-member United Nations General Assembly last month.    

The tough-talking leader has also accused the European Union of holding up vaccine supplies from other countries, citing the economic bloc’s export rule that requires drug makers to obtain permission first before shipping vaccines outside the region.   

The CPRH said Philippine authorities have failed to pressure the World Trade Organization to waive the patents for coronavirus disease 2019 (COVID-19) vaccines, medicines, and technologies that will prevent, treat, and contain the pandemic.    

Instead of transparently addressing the inequitable distribution of vaccines, “no coherent position on the proposal at the WTO has been put forward,” it said. — Kyle Aristophere T. Atienza 

BSP calls for law punishing hoarding after seizure of P50M in 1-peso coins 

NBI, Customs bureau and the Bangko Sentral ng Pilipinas raid a warehouse in Quezon City after reports of P50 million worth of coins and P100 million worth of undocumented imported luxury cars are stored in the area. — PHILIPPINE STAR/ MICHAEL VARCAS

THE CENTRAL bank is pushing for legislation against coin hoarding following the recent seizure of P50 million worth of coins in Quezon City. 

“The Bangko Sentral ng Pilipinas (BSP) is advocating the passage of a law on the hoarding of an extremely large volume of coins, as the central bank believes that the criminalization of this activity reinforces continuing efforts to maintain and protect the integrity of Philippine currency,” it said in a statement on Sunday.  

“Coin hoarding results in the inefficient circulation of coins and prevents their primary use as medium of exchange. It hampers the efficient flow of transactions and causes an artificial shortage, which is disruptive to the financial system,” it added.  

The National Bureau of Investigation, in partnership with the Bureau of Customs, the Philippine Coast Guard, and the BSP, seized a stockpile of P1 coins amounting to about P50 million from a warehouse on Oct. 1.  

Samples from the pile are still being tested by the central bank to gauge their authenticity. The central bank said the coins are from various design series.  

“Under its Coin Recirculation Program, the BSP encourages the public to refrain from unnecessarily accumulating coins, and instead use them to pay for goods and services or deposit them in banks,” the BSP said.  

The central bank released new designs for coins in 2018. The following year, an enhanced version of the P5 coin was introduced to make it easier to distinguish from the P10 coin. — Luz Wendy T. Noble 

Samal-Davao bridge project still under loan negotiation with China, right-of-way proceedings 

PH.CHINA-EMBASSY.ORG

START of construction for the Samal-Davao bridge project remains uncertain as loan negotiations with the Chinese government are still ongoing and right-of-way acquisition is still in the assessment stage, a regional official said last week.   

Maria Lourdes D. Lim, National Economic and Development Authority-Davao regional director, said the Department of Finance submitted an updated loan application last April 26, reflecting a revised financing ratio of 90% loan and 10% local fund.  

The application was submitted to the China International Development Cooperation Agency (CIDCA) and China Eximbank.  

“It is in the procurement process because it involves foreign contractors and since this is funded by a loan from China, there will be a process of selection for contractors that will pursue the implementation of this project,” Ms. Lim said during the virtual Regional Development Council Week forum.  

In January this year, the Department of Public Works and Highways (DPWH) signed a P19.32-billion contract with a Chinese firm for the design and construction of the 3.98-kilometer bridge project that will connect Samal Island to the Mindanao mainland via Davao City. 

China Road and Bridge Corp. bagged the design-and-build contract for the project following procurement activities in Nov. and Dec. 2020, the department said in a statement on Jan. 14.  

“With the signed contract, we can now apply for the loan agreement with the People’s Republic of China through China International Development Cooperation Agency to proceed with the detailed engineering design,” Public Works Secretary Mark A. Villar was quoted as saying.  

Undersecretary Emil Sadain, officer-in-charge of the DPWH Unified Project Management Office, said the Finance department’s revised loan application is just a matter of “being circumspect” on the project.  

“Negotiation is a process. Ongoing pa rin ang negotiation nila, government to government,” Mr. Sadain told Businessworld 

Meanwhile, Ms. Lim also said preparatory activities for right-of-way acquisition are underway with the revised parcellary plan still in the works as of June 25.    

“This parcellary plan will be the technical basis to give a headstart to the procurement of the government counterpart and to expedite the right of way and resettlement action plan for the implementation of this project,” she said.  

Distribution of notices of acquisition to affected landowners and property appraisals in Davao City are also in progress, she said.    

On the groundbreaking ceremony that was expected earlier this year, Ms. Lim said, “Let us just wait for the announcement from DPWH, but right now we can say this (project) is still on stream.” — Maya M. Padillo 

Ruling party row: Pacquiao expelled by Duterte group; Pimentel dismisses pronouncement 

SENATOR MANNY PACQUIAO FB PAGE

THE RULING PDP-Laban party under President Rodrigo R. Duterte on Sunday announced that Senator Emmanuel “Manny” D. Pacquiao has been automatically expelled for filing his certificate for presidential candidacy under a different party, but the other faction led by the party founder’s son dismissed the pronouncement. 

Mr. Pacquiao on Friday filed his candidacy under the Progressive Movement for the Devolution of Initiatives (PROMDI), noting the party’s alliance with PDP-Laban and the People’s Champ Movement, a coalition he called the “MP3.” 

PDP-Laban Secretary General Melvin Matibag under the Duterte camp said the party’s constitution states that the filing by a member of a certificate of candidacy under another political party is grounds for automatic expulsion. “If that is not disloyalty, betrayal, and abandonment of PDP Laban, I don’t know what is.”  

Senator Aquilino “Koko” L. Pimentel III, chairman of the opposing group, denied the claim, saying that a resolution was made that allowed Mr. Pacquiao to use PROMDI in order to consolidate his support base and alliance partners.  

“The ‘issue’ being propagated by (Energy Secretary Alfonso G.) Cusi and Matibag is a figment of their imagination which they want to use for their own political propaganda,” said Mr. Pimentel via Viber.  

The legitimate PDP-Laban group will be decided upon by the Commission on Elections. — Alyssa Nicole O. Tan 

Poe says PSA amendments safeguard national security

By Alyssa Nicole O. Tan

THE SENATE is likely to open more sectors to foreign ownership when it continues to debate proposed changes to the Public Service Act (PSA) next month, but will weigh national security concerns and restrict investment by foreign state-owned companies, a key senator said.

“Senators are reviewing crucial sectors, (whether) those sectors should be liberalized considering the national security risk,” Senator Mary Grace Natividad S. Poe-Llamanzares, primary author and sponsor of the bill, told BusinessWorld in a Viber message.

Senate Bill No. 2094, certified as urgent by President Rodrigo R. Duterte, if passed, will modify the legal definition of public services, which are currently included in the “public utilities” industry. The amendments hope in part to address a finding by the Organisation for Economic Co-operation and Development that the Philippine economy is one of the most restrictive to foreign investment in public services.

The restrictions on state-owned foreign investors are apparently aimed at China, where many of the companies are government-controlled.

Business groups asked the Senate last month not to maintain the foreign equity restrictions in the transportation and telecommunications sectors, following the foreign business chambers, who in a joint statement noted that tens of billions of dollars in foreign investment did not come to the Philippines but instead went to neighboring countries.

Allowing foreign competition would improve the quality and pricing of internet connectivity, the foreign chambers added.

According to the 2020 Digital Quality of Life survey, the Philippines was 66th out of 85 countries. The study attributed the poor showing to expensive, low-quality internet and the need to upgrade infrastructure.

The National Economic and Development Authority reported that about 64% of barangays do not have telecommunication services, 88% have no free WiFi zones, and 70% have no fiber optic cable.

Under the measure, a change in the list of infrastructure deemed critical will ensure industries are liberalized and receive fresh capital, according to Ms. Poe, who chairs the Senate Committee on Public Services, in an earlier plenary session.

The list of critical infrastructure where 100% foreign ownership will be allowed includes telecommunications; air carriers; domestic shipping; railways and subways; and tollways and expressways.

During a previous amendment session, Senate President Pro Tempore Ralph G. Recto noted the possibility of Chinese businesses owning a telecommunication company 100%. “I am not against Chinese companies doing business in the Philippines, I am just worried, since we do have a problem in the South China Sea.”

Mr. Recto said if critical infrastructure is compromised in any way, it would have a “debilitative impact on national security.”

Safeguards will be in place such as vetting by the national security council, restrictions on investment by foreign state-owned companies, and the Congressional grant of a franchise, among others, Ms. Poe said.

“It is a compromise that they are opening up those industries; however, they have to go through stringent measures to be approved,” she added.

China — which claims about 85% of the South China Sea — has refused to recognize an international ruling invalidating its claim, and has sought to build bases on islands in the strategic waterway.

Richard J. Heydarian, professorial chair on geopolitics at the Polytechnic University of the Philippines, has said that the main issue surrounding China’s claim, based the so-called “nine-dash line” as delineated in the maps Beijing has issued, is a lack of clarity regarding the exact coordinates of its claim. “The ambiguity of China’s claims is suspicious, which (may indicate) opportunism and a potentially flexible definition.”

“China can have a maximalist definition, meaning all islands and natural resources within the nine-dash line are part of (its) territory,” Mr. Heydarian added. “But it can also have a minimalist definition, (in which it claims) the land features, their surrounding waters, and their fishery resources or oil and gas resources in that area.”

Transport dep’t says Mindanao rail groundwork proceeding

PHILIPPINE STAR/KRIZ JOHN ROSALES

By Arjay L. Balinbin, Senior Reporter

GROUNDWORK for the Mindanao Railway Project (MRP) Phase 1 will continue despite budgeting issues, the Department of Transportation (DoTr) said.

“While the budget for MRP was not included by DBM (Department of Budget and Management) in the NEP (National Expenditure Program), and that we are still working on the amendment of our budget, the DoTr has allocation for ROW (right-of-way) acquisition for all its projects including MRP,” Transportation Assistant Secretary for Project Implementation-Mindanao Cluster Eymard D. Eje told BusinessWorld by phone message on Oct. 1.

“The ground activities of the PMO (Project Management Office) will continue to achieve our target,” he added.

The department is aiming to start construction work in April 2022. It hopes to start partial operations (Tagum-Carmen section) in October 2022, followed by full operations (Tagum-Davao-Digos) in October 2023.

“The impasse will not substantially affect the ground activities; but if the (House of Representatives) grants and includes the MRP in the NEP, activities will be much easier,” Mr. Eje said.

The House approved the proposed P5.024-trillion national budget for 2022 on Sept. 30. The chamber has formed a “small committee” to collate proposed amendments until Oct. 5 for inclusion in the final version of the budget bill.

“We are now addressing the issue through the House of Representatives so that there will be a budget for MRP. Hopefully, the House can help us amend the budget proposal,” Mr. Eje said.

Transportation Undersecretary for Railways Timothy John R. Batan told the Senate Committee on Finance during a budget hearing last week that the DBM did not approve the DoTr’s proposed budget for the implementation of the Mindanao rail project in 2022.

Transportation Assistant Secretary Goddes Hope O. Libiran said the project will need P2 billion next year.

“DoTr awarded the Project Management Consultant (PMC) Contract for the Mindanao Railway Project in August, which will require advance payment and progress payments in 2022. This is why DoTr is requesting that the budget be reinstated for Mindanao rail,” she said in a phone message, referring to the P3.08-billion project management consultancy contract awarded to a consortium composed of China Railway Design Corp. and Guangzhou Wanan Construction Supervision Co., Ltd.

DBM Officer-in-Charge and Undersecretary Tina Rose Marie L. Canda said when asked to comment that the project is “slow moving” and is still in the ROW acquisition phase.

“How will they construct on private property? Also, if DoTr thinks this project is a priority, it could have reallocated an amount for this project,” she said in a phone message to BusinessWorld last week.

The department has yet to receive the shortlist of Chinese bidders for the design-and-build contract of the project.

Demands that the project’s Toril Car Park be moved and concerns over the valuation of the affected properties are among the issues the Mindanao rail project is dealing with.

Clipton J. Solamo, the project manager, has said that the DoTr denied the request to move the MRP Toril Car Park because it would substantially affect the viability of the Toril station.

“Notices of taking” have been issued to 69.90% of affected properties in Tagum, 10.78% in Carmen, 96.69% in Panabo, 90.67% in Davao City, 85.26% in Santa Cruz, and 86.84% in Digos, he said in a recent phone message.

Bangsamoro ecozone agency bill filed in region’s parliament

MINDA.GOV.PH

A BILL that will establish a Bangsamoro ecozone agency, similar to the Philippine Economic Zone Authority, has been filed at the autonomous region’s parliament.

Bill No. 129 or the Bangsamoro Economic Zone Act of 2021, filed by Member of Parliament Amir S. Mawallil, will create the Bangsamoro Economic Zone Authority (BEZA) that will be tasked to help promote investment in the region.

“The proposed bill specifies that the economic zones that will be established shall be developed into decentralized, self-reliant, and sustainable agro-industrial and commercial investment centers, which shall be operated and treated as a separate customs territory,” Mr. Mawallil said in a statement sent to BusinessWorld.

“It will also facilitate the marketing and export of goods and services produced by several industries,” he added, citing as examples the opportunities in the growing Halal and Islamic finance sectors.

Assistant Secretary Romeo M. Montenegro, deputy executive director of the Mindanao Development Authority, said four of the eight priority agro-economic zones being pushed for development are in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). 

These are in Tawi-Tawi, Basilan, Maguindanao, and Picong in Lanao del Sur, with specific commodities assigned to each area. Three others are within the Zamboanga Peninsula Region and one in Agusan del Sur in the Caraga Region.

Existing agro-industrial zones in Mindanao include the Phividec Industrial Estate in Misamis Oriental and the Bukidnon Agro-Resources Export Zone, both in Northern Mindanao; one in Roxas, Zamboanga del Sur; the Anflo Industrial Estate in Panabo City in Davao Region; and at least five in the Sarangani-South Cotabato-General Santos City area.

Mr. Montenegro, speaking at a forum on Friday hosted by the Philippine Chamber of Commerce and Industry, said ecozones address issues such as ease of doing business for private investors as well as the “fragmentation of commodities.”

He also emphasized that the development of these agro-ecozones must be complemented “by improving logistics systems and services connecting rural areas with industrial centers, and bringing the products up in the value chain to distribution and marketing in huge domestic and EAGA (East ASEAN Growth Area) Halal markets.”

Bangsamoro Deputy Chief Minister Benjamin T. Loong, speaking in the same forum, said discussions are ongoing with government and private sector leaders in the EAGA parts of Indonesia and Malaysia for transport connectivity, including fast craft and roll on-roll off services to and from Tawi-Tawi.

“Our approach is… we want to make the province of Tawi-Tawi a model (for EAGA links). So actually (shipping deals are) just breaking the ice; this will also include (cooperation) on power,” Mr. Loon said.

The Bangsamoro Organic Law, which set up the BARMM, gives the regional government the authority to “establish economic zones, industrial estates, and free ports in the Bangsamoro Autonomous Region, including the establishment of a Bangsamoro Economic Zone Authority.”

Mr. Mawallil said the passage of the BEZA Act “will capitalize on the rich natural resources that BARMM has, in addition to several comparative advantages that can be utilized to improve the current state of the region, its government, and its people.” — Marifi S. Jara

Gov’t support for EVs seen crucial in attracting investment

A BILL establishing government support for the electric vehicle (EV) industry will send a signal to consumers and potential investors that such technology is here to stay and may lead to the Philippines becoming an export base for EV products, an industry association said.

Edmund A. Araga, president of the Electric Vehicle Association of the Philippines, said in an e-mail that the approval of the measure in the House of Representatives “would leave a mark that the government is fully supporting the industry and its consumers… in promoting the use of e-vehicles.”

Legislators approved House Bill 10213 or the proposed Electric Vehicle Industry Development Act on third and final reading Sept. 28.

The bill would require government agencies and businesses that maintain and operate 20 or more motor vehicles to have 10% of their fleets consist of EVs.

It also establishes tax incentives for EV manufacturers, entities maintaining charging stations, and research and development centers.

Electric vehicles, charging stations, and materials for their assembly will also be exempt from customs duties and value-added tax for five years from the effectivity of the proposed law.

The measure also requires establishments with 20 or more designated parking slots to dedicate 5% of their space for the use of EVs and to provide charging points.

Mr. Araga said that the tax incentives could encourage manufacturers of EV parts to establish operations and ramp up production in the country. 

“Investors might consider the Philippine market as their new ground in capitalizing on the expertise of skilled Filipinos which are capable to export products to our other countries,” he said.

Mr. Araga also said that government regulation would help “cost-conscious” Filipinos to come around to the benefits and savings of using EVs.

“(Local adoption) would be possible as long as government sectors are supportive and implement necessary regulations,” he said.

Philippine Institute for Development Studies Supervising Research Specialist Maureen D. Rosellon said in July that shortcomings in electric vehicle charging infrastructure and manufacturing technology have left the Philippines behind in the regional competition for trade and investment.

The Senate approved its counterpart measure on May 31 and has formed a bicameral committee to harmonize the two chambers’ bills. — Russell Louis C. Ku

Crop insurance agency ordered to report financial condition by Oct. 7

PHOTOGRAPH BY RANDOLPH CANDANO

FINANCE Secretary Carlos G. Dominguez III ordered the Philippine Crop Insurance Corp. (PCIC) to report on its financial condition and assess its contingent liabilities to the corporation’s newly-reorganized board on Oct. 7.

In a statement Sunday, Mr. Dominguez, the PCIC’s chairman, said he ordered the reports to help determine how the company will be managed under its reorganized board, as well as assess proposals for it to purchase reinsurance.

Mr. Dominguez is also expecting the PCIC to present its plans for expanding coverage to more crops, and exploring parametric insurance, which pays out based on the intensity of a trigger event.

The PCIC board conducted its first meeting late last month, and named coverage expansion its main priority, along with addressing the firm’s “unsustainable” finances.

Mr. Dominguez has said that the company relies heavily on subsidies and is due to receive P4.5 billion next year.

In a May 7 report, the Insurance Commission (IC) recommended that the PCIC review its overall risk management program by tapping reinsurance as a means of risk transfer.

The IC flagged the insurer’s vulnerability in the event of a major calamity.

“If the PCIC will continue this practice, the government is expected to infuse more capital for it to survive should there be large-scale losses which will affect most of its insured,” the regulator said in its report, which was made available to the public on Friday.

A separate study conducted by the Bureau of the Treasury (BTr) indicated that the PCIC has racked up operating costs in the last five years of P536.44 million.

Expenses for personnel services and maintenance and other operating expenses reported an average growth of 8% and 24%, respectively.

“For every peso income it generated (before subsidy), it is already spending an average of P0.71 (excluding direct costs and financial and non-cash expenses). Further, as compared to GSIS (Government Service Insurance System) and SSS (Social Security System) operating cost over its total expenses of 5%, PCIC is high at 15%,” the BTr said.

President Rodrigo R. Duterte signed Executive Order No. 148 on Sept. 14, which transferred oversight of the PCIC to the Department of Finance. — Beatrice M. Laforga

BoC investigating possible misdeclaration of palm oil imports

REUTERS

THE Bureau of Customs (BoC) has begun looking into palm oil imports in response to concerns expressed by the coconut industry of rampant misdeclaration to avoid taxes.

“The Philippine Coconut Authority (PCA), through the DTI (Department of Trade and Industry) and Bureau of Plant Industry (BPI), flagged several issues that might need an audit of palm (oil) importers. We have a vibrant coconut industry and one of the things I think they feel might be affecting them is the importation of palm oil either as a finished product or as a feed-grade material,” Vincent Philip C. Maronilla, the Customs assistant commissioner who heads the Post Clearance Audit Group (PCAG), told BusinessWorld by phone Friday.

He said the PCAG started issuing audit notification letters (ANLs) to 13 companies last month signifying its intent to investigate one year’s worth of financial reports to detect potential tax leakages from the industry. He also endorsed more ANLs to the Customs Commissioner for consideration.

“We will extend that to three years if we find issue,” he added.

The PCAG will be looking at instances of deliberate misclassification of palm oil products from food grade to feed grade to avoid paying value-added tax (VAT).

He gave no estimate of the taxes potentially foregone by the government “but it would be substantial if we’re able to prove that there’s an excess of imports as against the permits issued by the DA (Department of Agriculture) or there has been misclassification of products from a food-grade quality to feed-grade quality, because that would mean value-added taxes were not paid because feed-grade palm oils are exempt from VAT,” Mr. Maronilla said.

A PCAG investigation last year found that the government lost P1.4 billion in potential revenue due to the undervaluation of rice imports.

Mr. Maronilla said Customs is also considering other agriculture products like meat for post-clearance audits, after an Executive Order (EO) issued in May reduced tariffs and allowed more imports to come in at favorable rates. He said the audit may start in mid-2022 once the one-year validity of the EO expires.

“Importers of MDM (mechanically deboned meat) mostly paid voluntarily. We did not see a lot of issues when it came to value and classifications… Given the EO, we’ll wait for the period to end before we do a one-year audit. We want to give it a chance to be implemented fully without… a post-clearance audit conducted (in the middle of implementation,)” he said.

The BoC is the second-biggest revenue generating agency, next to the Bureau of Internal Revenue.

“We’re on track with our collections… I hope that we’ll be able to sustain that momentum and not just meet the collection target for 2021 again. We met it in 2020, but (hope to) collect a little bit more to help the government with its finances,” he said.

The BoC collected P59.9 billion in September, surpassing its P56.9-billion target by 5.3%.

This brought its nine-month total to P472.204 billion, or 76.6% of its target for 2021. — Beatrice M. Laforga

Closing books in the new normal

As the world continues to adjust to the changes wrought by COVID-19, previously small annoyances in closing the books of a company can turn into significant hurdles. While it was sometimes already challenging to close books pre-pandemic, the difficulty of the task is now compounded by new stressors such as strained technology resources, a distributed workforce, and even personal concerns regarding health and finances.

This article will discuss some strategies on how CFOs, controllers and their teams can communicate effectively and drive clear priorities during a virtual close. Based on the EY article How to manage your close process virtually, these considerations aim to help companies close books effectively as well as position them for post-pandemic recovery. This will apply whether company operations are manual or are more advanced.

ESTABLISHING A STRONGER TEAM DYNAMIC
Even in the best of times, effective collaboration can be a hurdle in itself. A large, multinational organization may have to deal with thousands of users across multiple geographies who need to be aligned in terms of processes and deliverables. While there may be one or two people who specialize in certain tasks, teams of people should ideally be equipped with vital knowledge to pick up on each other’s work in the event someone is unavailable.

Given today’s circumstances, however, establishing new and dynamic technology-empowered team norms becomes even more critical. Teams are encouraged to conduct more meetings and utilize video software for key agendas to establish a more personal connection. The team also needs to look for new methods and solutions that promote closer remote collaboration since e-mails are often quite a limited tool — in fact, there is a constant risk of e-mails being overlooked or for a user to be overwhelmed by the sheer number of e-mails we now receive on a daily basis. In addition, teams should consider reviewing controls that require two-person coordination before the close. Determine whether remote working demands have changed these controls, and ensure they are properly documented to support eventual audits.

It will also be vital to communicate with management early regarding how reporting and reviews will be handled. Management reporting recipients need to be briefed before making any changes. As an example, it should be determined how trial balance and preliminary P&L reviews will be conducted remotely to properly manage expectations. A plan has to be in place for report distribution as well as reviews related to the close.

UTILIZING EFFECTIVE TEAM SOFTWARE
Instead of relying mostly on meetings to understand statuses and involvement in the process, a team can use dashboards and standard reports with read-only access for stakeholders and auditors for visibility. Teaming software allow simultaneous collaboration on the same task or reconciliation, the flexibility of which is especially useful in the current working environment. Features that enable users to attach documentation and access work that has been accomplished in previous periods will allow new or even temporary workers to gain the necessary information from one place, establishing better continuity even if one or two key team members are unable to work.

Effective teaming software solutions can also facilitate communications and establish one source of truth. By having one place where all files are consolidated and can be securely transferred, employees will not need to search in multiple sources and save time. An efficient software solution will allow teams to create business rules that can help operationalize high-risk priority accounts with frequency information and due dates. Another function that should be prioritized is the ability to set review levels and frequencies based on criteria defined by the business. Some accounts may have less volatility than others and will not need to be reviewed monthly, while others may be zero-balance accounts that can be certified automatically.

An efficient task management solution can handle the documentation, support and sign off of any activity, while the best task management software can set up recurring tasks for certification or tracking.

UNDERSTANDING RISKS AND SETTING PRIORITIES
After establishing clearer ways to team up in the new normal, the next point of focus is identifying the most high-risk items and addressing them. With strained resources and issues in technology, such as maintenance and cybersecurity, arising given our current circumstances, understanding and prioritizing risks accordingly will help keep the focus of the team from fraying or latching onto low-impact concerns. Teams must learn what they can from external and internal auditors as well as how their controls can identify the high-risk items that need to be prioritized.

It is recommended to scrutinize how overall activities relate to broader milestones in the close — for example, they can center on closing sub-ledgers and the general ledger. All the dependencies such as entity-level processes that are dependent on local steps will need to be considered. Risks such as reconciliations, journal entries and tasks like controls must have their risks assessed.

Teams can also reduce activities by evaluating and enforcing materiality thresholds, with the addition of appointing a point person to monitor the close checklist to serve as a secondary control in ensuring the team does not miss any steps. After reviewing the virtual close plan with auditors and soliciting their input, any extra steps can be determined to further support the audit process.

OPTIMIZING TODAY WORK BETTER TOMORROW
Though the immediate goal is to close the books, these considerations can pave the way for companies and teams to become more optimized. By learning how to address and manage risks and pain points under the unprecedented challenges to be found in our current environment, teams can develop the necessary agility, resiliency and flexibility to meet future disruptions and better position themselves to grow and thrive in a business world beyond the pandemic.

This article is for general information only and is not a substitute for professional advice where the facts and circumstances warrant. The views and opinions expressed above are those of the author and do not necessarily represent the views of SGV & Co.

 

Aaron C. Escartin is a Tax Partner of SGV & Co.