Methods of Payment
For export transactions, the choice of method of payment depends on two factors: the existing relationship between the exporter (seller) and the importer (buyer) and the mutual agreement on the terms and conditions of the sale.
Cash in Advance
Cash in Advance (C.I.A.) is practiced only to a limited extent due to existing Bangko Sentral ng Pilipinas (BSP) regulations on acquiring foreign currency. Typically, buyers with existing foreign currency accounts with banks operating in the Philippines may consider doing a C.I.A. wherein cash payment is remitted even before the goods are shipped. On the part of the seller, C.I.A. is ideal for goods that are custom-made, such as specialized equipment.
For first-time transactions between the exporter and the importer, or in situations in which the two have not fully established their business relationship, a Letter of Credit (L/C) is a common and secure method of payment. Under this mechanism, the buyer establishes credit with his/her local bank of choice and describes in full detail the terms of the sale (i.e., description of items, price, documentary requirements, etc.). The L/C is opened on account of the buyer in favor of the seller. Essentially, the L/C serves as a demand draft, a promise to pay on the part of the importer with the support of the bank responsible for issuing the payment to the exporter. Once the exporter is in full compliance with all the requirements, payment is made into an effect within a specified time frame, typically 30 or 60 days or whatever has been agreed upon. Any discrepancies regarding the L/C may result in delays, additional documentary stamp tax or even non-payment. Bank charges apply when securing the L/C. A confirmed irrevocable, documentary L/C “confirmed by a U.S. bank” is recommended.
In cases where the buyer and seller have already established a relatively favorable business relationship, or where mutual trust already exists, other modes of payment may be considered including:
· Documents Against Acceptance (D/A): The exporter extends credit to the importer for a certain period. Terms vary, usually 30 to 60 days after the bill of lading date or the invoice date, depending on what was agreed upon. The seller retains the title documents and forwards them to a collecting bank with instructions to release said documents to the buyer only if the buyer issues a time draft or presents an acceptable bill of exchange.
· Documents against Payment (D/P): The documents transferring the title to the goods are not released to the buyer by the collecting bank unless the bank receives payment from the buyer.
· Open Account (O/A): When there is a high level of trust and the buyer is of reputable standing with the seller, documents transferring title to the goods are sent directly to the buyer (instead of the collecting bank, as in the case of D/A) without guarantee of payment. The buyer remits payment upon maturity; terms vary from 30 days to 180 days, depending on the agreement. Subsidiaries of multinational companies operating in the Philippines (especially those in the oil and pharmaceutical sectors) are prime users of O/A.
· Direct Remittance: As with O/A significant mutual trust is required. Instead of a term transaction, the seller requires the buyer to pay immediately upon receipt of the document transferring the title to the goods.
Credit Rating Agency
Philippine Rating Services Corporation, or PhilRatings, provides credit ratings on Philippine corporate and debt issues (i.e., commercial papers, bonds, or asset-backed securities). The company is accredited as a domestic credit rating agency (CRA) by the BSP and the Philippine Securities and Exchange Commission (SEC). Press releases on new and monitoring ratings are regularly posted on the PhilRatings website (V). Annual subscriptions to PhilRatings’ regular publications are also available.
Collection Agencies
In cases of non-payment or delinquent accounts, the use of collection agencies may be considered. There are several collection agencies operating in the Philippines, typically on a “no collect, no pay” arrangement for collection cases that have not yet been elevated to the courts. A typical collection time frame ranges from 30 to 90 days (longer if it is outside the Metropolitan Manila area), wherein the collection agent issues a demand letter signed by a lawyer. Some agents offer collection services only, while others can help facilitate filing a case in court in instances where the respondent cannot comply with the demand letter. Service fees vary depending on the nature and value of the transaction, but agents typically charge a percentage of the amount collected (current rates range from 20% to 40%). If the case is filed in court, legal and other fees will apply. It is best to seek local legal representation on non-payment cases, especially those involving significant amounts.
Primary credit or charge cards used
Most Philippine merchants accept Visa, MasterCard, American Express, Diners Club, Discover credit cards. For more information about the methods of payment or other trade finance options, please read the Trade Finance Guide.
Banking Systems
Since 1997, the Philippine Central Bank (Bangko Sentral ng Pilipinas or BSP) has implemented various banking system reforms to enhance governance standards and risk management systems, tighten disclosure and reporting requirements, increase minimum capitalization levels, and improve compliance frameworks and systemic oversight. Beginning in 2001, the BSP adopted the international risk-based capital adequacy and disclosure standards (i.e., the Basel framework). Commercial banks and their subsidiaries have been required to adopt in phases the enhanced Basel III standards since 2014, while simpler standards (“Basel 1.5”) apply to thrift, rural, and cooperative banks. The BSP has similarly implemented the international framework for dealing with domestic systemically important banks (D-SIBs; basically, banks considered too big to fail), requiring full compliance to higher capital buffer requirements by January 1, 2019.
The New Central Bank Act or the amended BSP charter was signed into law in February 2019, bolstering the monetary authority’s capability to promote price and financial stability. The amendments include the increase in capitalization, stronger supervisory and enforcement powers, enhancement of financial system liquidity management tools, including the restoration of BSP’s authority to issue its own debt papers, and allowing the orderly resolution of troubled banks.
Consistent with the Philippines’ commitment under the Paris Agreement to reduce by 75% its carbon emission by 2030, the BSP has adopted a phased approach in introducing sustainability related guidelines for the financial system. In 2020, the BSP issued the Sustainable Finance Framework, which provides a three-year transition period for the integration of sustainability principles and emphasizes the role of banks’ senior management in the sustainable finance transition. In the following year, the BSP launched the Environmental and Social Risk Management Framework, which outlines regulatory expectations on the management of climate-related risks in relation to credit and operational risk exposures of banks. In 2022, it further issued guidelines on the integration of sustainability principles in investment activities of banks, particularly in the banking book.
The BSP has also put in place a framework for establishing digital banks, in line with its Digital Transformations Roadmap aiming to convert at least 50% of payments into digital and onboard 70% of adults to the financial system by 2023. Six digital domestic and foreign banks are now operating in the Philippines. Additionally, it issued in June 2021 the Open Finance Framework, which promotes consent-driven portability, interoperability, and collaborative partnerships between BSP-supervised financial institutions and fintech players. The BSP launched the Open Finance PH Pilot in 2023, which established a voluntary open finance ecosystem in the Philippines.
In December 2019, the BSP released the regulatory guidelines for Islamic Banks, in accordance with the new Islamic Banking Law. The new rules outlined the licensing framework and discussed Sharia governance principles for the country’s sole existing player, as well as other potential new entrants.
Twelve foreign banks have been approved to operate in the Philippines since the full liberalization of the banking sector in 2014. As of end-2022, there are 29 foreign banks operating in the Philippines, 24 foreign branches and five subsidiaries. Most foreign banks in the Philippines are based in the Asia-Pacific region, notably Taiwan and South Korea. The BSP, under the ASEAN Banking Integration Framework, is targeting agreements with Malaysia, Indonesia, and Thailand for the entry of qualified ASEAN Banks into the Philippine market.
As of June 2023, the banking sector consisted of 45 universal and commercial banks, 43 thrift banks, and 396 rural and cooperative banks with combined resources of approximately $420 billion (PhP24.0 trillion). Although fewer in number, commercial banks dominate the banking sector and account for about 94% of the banking system’s total resources. Twenty-two banks (referred to as universal banks) have an expanded commercial banking license, which allows them to perform the functions of an investment house (such as securities underwriting) and invest in non-allied undertakings, in addition to regular commercial banking activities.
The largest sectors comprising outstanding loans of the banking system as of the end of June 2023 were real estate activities (19.2%), wholesale and retail trade (11.3%), household/consumers (12.7%), manufacturing (9.8%), and electricity and gas sector (10.17%). Outstanding loans from banks’ foreign currency deposit units stood at about $17.2 billion as of end of December 2022, mainly to resident borrowers such as power generation companies (19%), financial and insurance providers (16.1%), and the manufacturing industry (14.2%).
The BSP is required by law to conduct regular examinations of its supervised financial institutions once every 12 months. Special examinations require the affirmative vote of at least five of the seven members of the BSP Monetary Board, the central bank’s highest policy making body. In addition, the BSP requires that bank financial statements be audited by BSP-accredited external auditors. External auditors are required to bring to the authorities’ attention any adverse audit findings and any material developments affecting the condition of its audited financial institutions. To promote independent and transparent auditing, the external auditor and/or auditing firms should be changed, or the lead and concurring partner rotated, at least every five years. A bank’s senior management should also disclose to the BSP any significant risks/issues that may affect the bank, including changes in management.
The deposit insurance scheme – administered by the Philippine Deposit Insurance Corporation (PDIC) – is patterned after the U.S. Federal Deposit Insurance Corporation (FDIC). The PDIC has a permanent insurance fund (PIF) of about $60 million (PhP3 billion), augmented by premiums paid by member banks (currently one-fifth of one percent per annum of the deposit base). The PDIC’s maximum deposit insurance coverage (MDIC) per depositor is approximately $10,000 (PhP 500,000). Amendments to the PDIC charter in 2004, 2009, 2016, and 2022 enhanced the PDIC’s receivership, liquidation, and resolution powers. Among others, the 2004-2016 amendments allow earlier intervention in problem banks before closure; simplify the payout of insurance coverage to affected depositors; and provide a more seamless transition from closure to liquidation. The 2022 amendments, meanwhile, gave authority for PDIC to adjust the MDIC – which is up for review every three years – based on inflation and other relevant economic indicators without the need for legislation. More detailed regulations governing the operations of banks and other BSP-supervised financial institutions are available at the BSP website.
Foreign Exchange Controls
The BSP allows Philippine residents and non-residents to purchase foreign exchange (FX) from authorized agent banks (AABs) and/or banks’ subsidiary/affiliate foreign exchange corporations (AAB-forex corps) and from non-bank entities operating as foreign exchange dealers (FXDs) and/or money changers (MCs) to fund legitimate foreign exchange obligations, subject to the provision of information and/or documents. The sale of FX by AABs and AAB-forex corps is governed by the Manual of Regulations on Foreign Exchange Transactions, issued under Circular No. 645 in February 2009, as amended. The sale of FX by FXDs/MCs is governed by Circular No. 471, issued in January 2005, as amended.
FX purchases from AABs and AAB-forex corps for trade and non-trade current account transactions (such as travel, medical and educational expenses, royalties, copyright, patent, franchise, and licensing fees) of up to US$500,000 for individuals and US$1,000,000 for corporate/other entities or their equivalent, in other foreign currencies require only the submission of a BSP-prescribed application form to purchase FX to the foreign-exchange selling institution; amounts in excess also require the submission of supporting documents.
The BSP allows submission of supporting documents through electronic means for: a) registration of private sector foreign loans without public sector guarantee; b) registration of inward investments; c) sale of foreign currency by banks covering FX transactions.
The BSP does not require imports to be registered under any mode of payment but does require banks to report such transactions to the BSP prior to purchase of FX for payment. FX purchases from AABs and AAB-forex corps for import payments may be remitted directly by the FX-selling institution to the non-resident beneficiary’s account or credited to the importer’s foreign currency deposit account (with the same or different AAB) for eventual remittance by the depository AAB to the non-resident beneficiary.
Although there are some exceptions, public sector foreign/foreign currency loans generally require prior BSP approval pursuant to existing laws, including the 1987 Philippine Constitution. Loan proceeds should be deposited with the BSP pending utilization.
Government-guaranteed foreign/foreign currency borrowings by the private sector also require prior BSP approval. Purely private sector loans do not require approval but must be reported to the BSP. Private sector borrowing should be registered with the BSP whether these are subject to prior BSP approval to be eligible to source FX for debt servicing from AABs and/or AAB-forex corps.
Registration of foreign investments either with the BSP or custodian banks is optional, unless the foreign exchange which will be used to service the repatriation of capital and/or the remittance of related earnings will be sourced from AABs and AAB-forex corps. Registration can be filed with the BSP within the one-year prescriptive period, free of charge.
FX purchases from FXDs/MCs for non-trade current account purposes are allowed up to US$10,000 or its equivalent without additional supporting documents other than a BSP-prescribed application form to purchase foreign currency, but not to exceed US$50,000 per month per customer. FX purchases from FXDs/MCs for other than non-trade current account purposes require submission of the BSP-prescribed application form to purchase FX and supporting documents on the underlying transactions, regardless of amount.
Since 2017, the BSP has implemented 13 rounds of foreign exchange reforms to ensure that the country’s regulatory framework remains appropriate for the needs of an expanding economy. Foreign exchange rules were broadly eased over the years to ensure ample FX liquidity, while maintaining timely prudential and safeguard measures (e.g., documentary/reportorial requirements). Recent measures included increasing the limit on banks’ net open foreign exchange position, amendments for FCDU regulations, expanding entities authorized to conduct FX transactions, increasing penalties of misreporting of FX transactions, and streamlining procedures and documentary requirements – including the permanent adoption of regulatory relief measures during the pandemic, such as allowing the electronic issuance of BSP documents and submission of declaration forms and documentary and reportorial requirements, among others, and lifting of processing fees for some transactions.
Additional information on foreign exchange and remittance policies can be found in Parts 1 and 6 of the Investment Climate Statement in this Country Commercial Guide. More detailed information is available at https://www.bsp.gov.ph/SitePages/Regulations/FxRegulations.aspx.
Contact:
International Operations Department - Bangko Sentral ng Pilipinas
E-mail: iod-ipds@bsp.gov.ph
U.S. Banks and Local Correspondent Banks
The commercial banking system includes three U.S. foreign-branch banks: Bank of America, Citibank, and JP Morgan Chase. The Bank of New York Mellon and Wells Fargo closed their representative offices in the Philippines in April 2023 and June 2021, respectively. Reflecting a long history of economic and political ties, all commercial banks in the Philippines have correspondent U.S. banking relationships. The best way for a firm to determine whether its U.S. bank has a correspondent bank in the Philippines is by checking with the U.S. bank.
Commercial Banks | Address and Contact # | Contact Person |
1. Bank of America Merrill Lynch | Unit 1001, 10 F, Ecoprime Tower, 32nd Street corner 9th Avenue, Bonifacio Global City, Taguig City Tel: (632) 8815-5000; 8815-5600; 8815-5487 Fax: (632) 8815.5582 E-mail: vincent.valdepenas@baml.com | Vincent Noel P. Valdepenas Country Manager |
2 Citibank, N.A. (Phils.) | 16/F Citibank Plaza, 34th St. cor. Lane S, Bonifacio Global City, Taguig City 1634 Tel: (632) 8894-7769 Fax: (632) 8894-7703 E-mail: paul.favila@citi.com | Paul Raymond Favila Country Officer |
3. JP Morgan Chase Bank, N.A. | 25/F Zuellig Bldg., Makati Ave. cor. Paseo de Roxas, Makati City 1225 Tel: (632) 8885-1199 Fax: (632) 8885-7924 E-mail: carlos.g.mendoza@jpmorgan.com | Carlos Maria Rufino Mendoza Managing Director and Senior Country Officer |
For more information about the methods of payment or other trade finance options, please read the Trade Finance Guide.
For more information on the banking system please read the section Capital Markets and Portfolio Investment of the Investment Climate Statement.