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End the Philippine Bank Secrecy Law (FCDA)—Here’s How

ver since the former dictator Ferdinand Marcos signed into law the Foreign Currency Deposit Act (FCDA), also known asUS Coast Guard Cutter Dallas, scheduled to be transferred to the Philippine Navy sometime in 2012 Republic Act No. 6426 on April 4, 1974, Philippine banks have been forbidden from disclosing any information about a customer’s bank account if that account is denominated in a foreign currency. Only with the written consent of the account holder will banks release any information about the account. And since 1974, Philippine banks have become a haven for plundered and ill-gotten wealth (click here to read our previous article on this topic).

No less than two US Ambassadors to the Philippines—Francis Ricciardone and Kristie Kenney—in separate cable dispatches published by Wikileaks had voiced concern about the FCDA. Ricciardone’s 2005 dispatch characterized PHL banking laws as “among the strictest in the world.” Kenny likewise laments in a 2007 cable about corruption that “Investigations are hampered by Philippine banking secrecy laws that limit access to certain crucial financial information.”

As the Group of 20 leading economies (G20) categorically stated in their 2009 London communiqué “The era of banking secrecy is over.” It is thus high time that Congress repeal or revise this anachronistic Marcos-era piece of bad legislation. The ongoing Corona impeachment trial has placed the spotlight on the FCDA and its detrimental effect on transparency and accountability in government.

Philippine legislators from both Houses of Congress are now working on various bills to either repeal or revise the FCDA. This is therefore the perfect time for PHILNEWS.COM readers to step in and lend them a helping hand. Here’s what we need to do:

Sign the Petition to US President Obama

PETITION THE OBAMA ADMINISTRATION TO: transfer Cutter Dallas to Philippines contingent on the repeal or revision of their Foreign Currency Deposit Act RA6426Click the button on the left to directly petition the Obama Administration to make the transfer of Coast Guard Cutter Dallas contingent on the repeal or revision of the FCDA. Our goal is to get at least 25,000 signatures within 30 days. So please be sure to get all your friends and relatives to sign the petition as well.

Remember, the more signatures we can gather, the better our chances of making a significant impact on this issue. If enough of us do it, Washington will surely be forced to take notice and lean on the Philippine Government to finally put an end to this odious law that Marcos foisted on the Filipino people nearly four decades ago.

Filipinos living abroad often feel frustrated and disenfranchised with regards to Philippine politics. They see things that need changing but feel helpless to doing anything about them. Well, here’s one opportunity for Filipino-Americans to get rid of a Marcos-era law that should never have been promulgated to begin with. With a much needed naval vessel hanging in the balance, the executive and legislative branches of the Philippine government would be more inclined to repeal Republic Act No. 6426—a law that even the United States would want to see repealed. More importantly, you would have made a big difference in helping bring more transparency and accountability to Philippine governance. Published 2/20/2012

Saved Comments

Name: Peach
City/State/Country: UK
IP Address: 109.146.89.155

Comments

Just get rid of that bad bad law. Whatever it takes. The country will be better off after it is gone.


Name: nagmamasid
City/State/Country: Okla
IP Address: 69.223.104.58

Comments

Kelangan nga natin tulungan ang mga mambabatas natin sa Pilipinas. Mraming siguradong may gustong palitan itong bank secrecy batas ngunit mga bigatin ang may ayaw sapagkat dito nila itinatago ang mga nakaw na kayamanan nila. Kung gagawin ni Obama na requirement ang pag tanggal ng 6426 gago ma turnover ang barko baka ito nanga ang makakapag tanggal nitong batas.


Name: MIke
City/State/Country: Japan
IP Address: 124.26.145.86

Comments

The US and most donor nations place restrictions or requirements on their aid packages. The requirement to remove a bad law from the books in exchange for a naval vessel is a reasonable request. Whether the US government takes the bait is another question altogether.


Name: blumntrit
City/State/Country: no string attached
IP Address: 174.44.5.202

Comments

The way I understand if I'm not mistaken that old ship will be turn over to PH in due time without the contingent of any sort. RA 6426 is on it's way for repeal by congress and asking Obama doesn't make any sense. Why bypass the PH president? - he could rally the people for a referendum to change the law.


Name: A. Poli
City/State/Country: Anywhere
IP Address: 184.148.77.225

Comments

Petition uncle Sam? Why? Marcos law era should have been stricken out by the revolutionary government preceding the edsa1. Why was it not done then? Oh I see.... It serves a purpose at that time. I agree in principle but not for the selective implementation of it.


Name: Lord Gago
City/State/Country: Sun Diego
IP Address: 166.250.70.207

Comments

Extortion! plain and simple; to repeal this Marcos law in exchange for a coast guard ship is nothing but evil, which Pinas people like to dwell in their lives. Moral laws among them are alien; the guide to a clean and Godly life is absent; To return to moral living, people must change their laws regardless of material reward or absence thereof. Change the laws for the people and country's sake, not because of any reward of incentive to act morally.


Name: Phil Reseacher
City/State/Country: LA County, Ca USA
IP Address: 98.119.17.19

Comments

RE: Foreign Currency Deposit Unit. (FCDU) most local big banks have FCDUs e.g. BPI or PNB..There should be an amendment that except "the Bank Secrecy law does not cover fraud, criminal activity or tax evasion"..or Constitutional officials will add a paragraph in their oath of office that in the event of an investigation of his or her actions while occupying the position he or she would not hide behind the bank secrecy laws to avoid the investigation.


Name: Mengele
City/State/Country: Munich
IP Address: 70.54.101.230

Comments

He he he he - A warship in exchange for repealing a law of the land to suit a foreign country!! National PROSTITUTION is another term for that!


Name: slbejar
City/State/Country: chicago
IP Address: 99.105.68.41

Comments

Dear Forum Users and readers, I already signed up the Petition to the White House to withhold the Coast Guard Cutter Dallas until the Philippine government revise, amends or completely repeal or abrogate the Philippine Banking Secrecy Law. Did you do yours? If you have not yet done so please do. This initiative is more effective than gabbing in this forum. thank you.


Name: GFJBHEDF
City/State/Country: Hercules
IP Address: 67.188.19.40

Comments

Wangwang daan matuwid said, "I want the Philippine congress to write and pass a total repeal of RA6426." In my dreams, because P'Noy will never ask congress to do that. Why? Because he is only after individuals he hates.., those that gave Hacienda Luisita to the long suffering grieving farmers of HLI, who are the rightful owners; namely, Fmr PGMA who did it 2004, but TRO'd by the Cojuangcos, the SC & CJ Corona last year, which is also TRO'd by the same thieves. Besides, P'Noy's cohort trapos have their ill gotten wealth stashed in the FCD law. P'Noy is the only PHL president, whose administration is founded on hate and vendetta, and thus will be the fruit and the end of it. Clearly, God is not with P'Noy.., only P'Noy's demons.


Name: Kanada
City/State/Country: Kanada
IP Address: 99.226.123.71

Comments

To Mike from Japan: Your "The requirement to remove a bad law from the books in exchange for a naval vessel is a reasonable request. Whether the US government takes the bait is another question altogether." Actually this bank secrecy law is also an aid for Covert Operations or Black Ops that may be sanctioned by allies or friendly governments who have to use these type of concealment to funnel funds Special Operations like the CIA or MI6 or the MOSSAD. It is known that our allies use parts of the Philippines for intelligence gathering, spec ops, black ops, recruitment and also a type of social engineering to make people change behaviour. The problem the Phils has is that politicians use this bank secrecy law to hide stolen funds or money from illegitimate sources.


Name: Manuel C. Diaz
City/State/Country: Antipolo City
IP Address: 180.191.194.106

Comments

What a "rust bucket" in exchange the repeal of the Bank stupidity law? You are really downgrading the Indios in Islas de ladrones. Let them repeal this stupid law and the US can keep its "rust bucket".


Name: GFJBHEDF
City/State/Country: Hercules
IP Address: 67.188.19.40

Comments

The Hamilton class cutter Dallas might be a used car, but is a well cared-for used car, like its brother the H del Pillar.., both better/faster than any that the Philippine navy has. Shame on the selfish poster who belittled these ships, whose only evident contribution, to the welfare of the state, is his better than thou arrogance.


Name: alcalo
City/State/Country: iligan
IP Address: 49.145.115.68

Comments

That law was pass in 1974..38 years had pass why until now no good legislator (senator/congressman) had pass a bill to amend that law, because most of them have benefited from that law.


Name: WDC
City/State/Country: California
IP Address: 75.38.78.245

Comments

Just like what I said on this panel before, tell those Philippine lawmakers to change the Bank Secrecy law by have them vote in public. Whoever against it, they are thieves.


Name: 1 UP
City/State/Country: GOTHAM CITY
IP Address: 74.101.61.3

Comments

I blame Congress for its failure to review, repeal and drop / discard / ax all PDs and statutes that are antiquated. Congress must likewise review SC's memos and resolutions that are self serving. Let us not allow justices of the Supreme Court to legislate from the bench. Their job is to interpret the laws. SC must be regulated because this court has some strange monarchial ambitions.


Name: JRH
City/State/Country: Montreal, Canada
IP Address: 70.80.113.40

Comments

Interesting topic. Two ways to solve it..either repeal or revise FCDA No. 6426. This is an important challenge for our lawmakers to initiate now. RA 6426 violates the requirement of true justice. This specific law requires radical reform & must be changed. It's a law designed for privileged people or politicians that easily abuses it. It's time our govt must rededicate itself to the nation's good & welfare over private interests of a selected person, group, or class. Our gov't should be of reason, justice, & work. It could only be done by the study & application of much-needed reforms free & equal to all.


Name: Steve R
City/State/Country: California
IP Address: 98.234.19.64

Comments

Kudos to Senator Chiz Excudero, for his Senate Bill No. 107 that will require public officials to sign a waiver that will consent to government audit, Representative Antonio Tinio who is seeking to amend the Foreign Currency Deposit Act & Associate Justice J. Antonio Carpio who gave a dissenting opinion on the Supreme Court's decision to grant a TRO "on the Senate Impeachment Court's subpoena for the dollar bank accounts of Supreme Court Chief Justice Renato Corona". I think it would be best to put SN 107 & Tinio's plan to amend RA 6426 together - have the two sides brainstorm their ideas to come up with one bill that can move faster.


Name: deo
City/State/Country: flour-flower city
IP Address: 66.66.173.232

Comments

I don't think there's a need for the involvement of the U.S. govt. to reform the banking system of RP. Ika pa nga ni JC "give to Pacquiao what's Pacquiao's, and to Deo what's Deo's. Bankers are not scared of any regulations. Since time immemorial there's never been compliance of the requirement that "any transactions amounting to P500 thousand and over should be reported to BIR and BSP". Any kindergartener can vouch to that. Case in point: This case of Corona about his bank accounts would never have been a problem to both litigants if above regulation had been complied. Or this case is just one of the "I'll scratch your back, you scratch mine" as far as compliance is concern.


Name: Talokbong
City/State/Country: Jolo
IP Address: 98.198.93.227

Comments

Maling-mali itong PNL preposition na mag file ng petition to the Obama Administration to make the transfer of Coast Guard Cutter Dallas contingent on the repeal or revision of the FCDA. Pahamak yan idea na yan. Huwag natin idawit ang mga makakabuti sa Pinas. Hindi uunlad ang Pinas sa ganyan pamaraan at napaka cheap naman masyado ng dahilan. Wala na bang maayos na topic? Puro bias yon mga previous PNL forum topics. Ayusin nyong mabuti ang iyong mga pinagsasabi dito sa PNL


Name: JLB
City/State/Country: L.A., Calif., U.S.
IP Address: 76.216.152.14

Comments

I think so called "laws" that prohibit access of accounts from investigation and scrutiny are by their very nature suspect. The Marcos regime was truly the "renaissance period" of corruption, that still left remnants of the 'culture of corruption' in the country at large, most specially politicians in positions of power. Just like the Mafia, laws by a Dictator are of a by gone era and should be outdated!


Name: 1 UP
City/State/Country: GOTHAM CITY
IP Address: 74.101.61.3

Comments

MIKE: Swiss banks have the same secrecy provision in its banking law but the US was able to pry it open. The US went over those accounts of US citizens who were not paying taxes and hiding incomes from taxation. This PD 6426 in the Philippines is the most outrageous law outranking Swiss banks' secrecy law no matter how you look at it even if you are blind. But you could smell it a mile away.


Name: CRISTINO ESPIRITU
City/State/Country: ALAHSA, SAUDI ARABIA
IP Address: 78.93.229.5

Comments

The Republic Act No. 6426, extremely deceptive that highly favors the corrupts people and shield them from investigation. It's like a two way mirror used as a barrier that you can see the other side a revelation of heinous crime in progress but cannot do anything to stop it because you are not permitted because of this stupid law. Why don't we enact another more stupid law that once friends, invited or uninvited enter your private house, you can do anything against them without being put in jail. Anyway, its only in the PH that anything like this happens.


Name: apo lakay
City/State/Country: las vegas, nevada
IP Address: 76.10.188.67

Comments

I think this secrecy law is just good for everybody who doesn't want anybody to know how much they worth. But then when it comes to legal procedure's it is only the court that can get the information of the one concern. it should not be open for everybody. 'coz as we all know that we are going to put the person/family of that certain individual in danger.


Name: LEE BUYAGAN
City/State/Country: LA TRINIDAD
IP Address: 94.98.209.254

Comments

What a good proponent! But the big problem are some of the lawmakers. Based from our observation of the impeachment trial, it proves that more senators including Enrile depicts dismal verdict in favor of Corona. If the majority (common tao) will aid with this proposal, then it will be a disappointing one since most of the corrupt individuals are the beneficiary of R.A. 6426 who will be against the petition.


Name: tonquid
City/State/Country: san diego, cali
IP Address: 72.207.36.100

Comments

Cory had a chance to repeal this law with her 1987 constitution crafted by the 1986 concom comprising of Cory's handpicked members. Who were recommended by the Insulares and Peninsulares who are members of Cory's cordon sanitaire. But they did not amend this law. Ask the kamaganak inc. the yellow army, the Cory cabinet, the PCGG Chairman and Commissioner who benefited from this law.


Name: PT
City/State/Country: Old Glory
IP Address: 69.223.104.58

Comments

Even during Cory's time this law (FCDU) was hard to repeal...of course, kasi maraming kurap na mayaman na nakikinabang. The US might be able to "tip the balance" in favor of repealing the law if they make it a condition for transfer of the ship. Ngunit iba sa ating kabayan mag rereklamo na nakikialam nanaman is Uncle Sam, but that's life!


Name: Manuel C. Diaz
City/State/Country: Antipolo City
IP Address: 120.28.64.71

Comments

This asinine petition to withhold the transfer of the soon to be resurrected from the scrap heap Coast Guard Cutter "Dallas" so the Government of Islas de ladrones will repeal this super secret US$ bank law is a waste of time. First of all the Coast Guard cutter suffers from equipment fatigue 45 years in service. They just change the engine block and the ship suffers from reduction gear box failure. Better for the US to scrap that rust bucket than to give it to the Islas de ladrones Basnig Navy.


Name: deo
City/State/Country: flour-flower city
IP Address: 66.66.173.232

Comments

This law is baaaad. I will bet my last aluminum centavo, no foreigner deposited their legit or dirty money in RP. Baka maglaho pang parang bula. This law was intended for hide hot and dirty money of Pinoys, public officials or otherwise. But I will not make the repeal of this law to the transfer of a "rusty bucket" to RP from the U.S.


Name: deo
City/State/Country: flour-flower city
IP Address: 66.66.173.232

Comments

Manuel C. Diaz: Sobra ka naman! Actually, USS Dallas is not a "rust bucket" until it will be in the hands of the "U.S. Navy" of the Philippines then it will really be a rust bucket.


Name: 1 UP
City/State/Country: GOTHAM CITY
IP Address: 74.101.61.3

Comments

JRH: PD 6426 (Bank Secrecy Law) does not only benefit privileged people and dirty politicians locally, but also to attract foreign depositors as well. Maybe Marcos was thinking of transforming PH as another Swiss or Cayman Island universal banking alternative. Have you thought about that?


Name: As I See It
City/State/Country: Cebu City/SD,CA
IP Address: 68.8.59.197

Comments

CORY, Estrada, Tanada, Diokno, Pimentel, et al. orchestrated the kicking out of US mil. bases in the Phil. But still out of its goodwill toward the our country and our strong historical ties, America (it cannot be denied) continues to be the biggest donor and aid giver to the Philippines not only in terms of mil. hardware & training reconstruction, governmental, education, and in times of crisis and natural disasters. And to make America 'INTERVENE' into our banking laws by 'attaching a string' on the USS Dallas' giveaway is a nonsensical, non-sequitur, hypo-critical plea!


Name: Phil Researcher
City/State/Country: LA county, CA USA
IP Address: 98.119.17.19

Comments

RE:. USA Diplomacy.. You think you can pressure the U.S. Government to make the repeal of the law as a condition to donating that old ship to PH..That is not only interfering with U.S policy but also make the posters here as some kind of big influence in US Foreign policy. Are you people delusional!!.. The USA will turn over that ship regardless of what you people here are writing. OMG.. The USA is a Leader among many large nations, they would not stoop that level you are demanding them to do. They usually do not interfere in local issues.


Name: A. Poli
City/State/Country: Anywhere
IP Address: 184.148.77.225

Comments

"Coastguard cutter to be transferred has defects." - This in exchange of a Philippine law???


Name: WDC
City/State/Country: California
IP Address: 67.123.18.29

Comments

Freedom is not free! If you folks think that the US giving you TRASH for your defense, then tell the US not to give you anything. The problem with us Filipinos, we expect free everything even defending our country from any aggression. You SOBs like to sit on your butts and bitch. You recognize the US only when you have a problem, but if not, you stab it in the back. Grow-up folks!


Name: LPiF
City/State/Country: LosAngeles/Mla
IP Address: 121.1.11.38

Comments

RA 6426: In my opinion should be modified but not repealed. It jeopardizes security and violates human privacy rights. Only the court should have the right to order its examination.


Name: Sv
City/State/Country: Europa
IP Address: 57.124.221.39

Comments

I say sure! Whatever it takes to get this terrible law off the books! If the US will set it as a condition, then PI will have to comply if it wants the boat. So this bad bad bank secrecy law will be no more. GOOD! Count me in!


Name: GFJBHEDF
City/State/Country: Hercules
IP Address: 67.188.19.40

Comments

"Rust bucket," former US coastguard vessel USS Hamilton, now BRP Gregorio Del Pillar, except for the "built in the Philippines" utility land craft last year, is the newest vessel in the Philippine navy fleet. It's the first gas-turbine jet engine powered vessel in the PHL navy fleet. First Philippine Navy vessel with a retractable helicopter pad. The "rust bucket" Hamilton is now the PHL navy's flagship, replacing the BRP RAJAH HOMABON. Soon, its brother the USS Dallas will join her in the Malampaya region. > LINK


Name: GFJBHEDF
City/State/Country: Hercules
IP Address: 67.188.19.40

Comments

Leveraging the USCG vessel USCG DALLAS, as a condition to repeal RA6426 is a "No can." The old man of the sea has already been given into marriage to the PHL navy. So, too late. No "indian giver" possible. Besides, P'Noy and all his trapo comrades have their ill gotten loot hiding in that FCDA. The bumbling nincompoop prosecution made a horrible mistake by opening this can of worm. By breaching this law, over CJ Corona, will render the law moot.., done fer, and no longer applicable, and exposes all ill gotten wealth subject to corruption investigation. Repeal of this law, now?, is "dead on arrival."


Name: 7gtg
City/State/Country: regnsk
IP Address: 24.89.83.99

Comments

Phil researcher: "You think you can pressure the U.S. Government to make the repeal of the law as a condition to donating that old ship to PH..That is not only interfering with U.S. policy but also make the posters here as some kind of big influence in US Foreign policy. Are you people delusional!!".... I agree with you on this one. Sino-sino nga ba iyong ma posters na nag suggest nito? Kung sino man ang naghain ng pulutan na ito ibalik sa kusina at walang lasa. Ibig sabihin palitan na iyong editorial (iyong may barko na piktyor) nag mukha tayong walang isip.


Name: kali
City/State/Country: Hawaii
IP Address: 66.91.35.33

Comments

PNL I think you are asking for a cheap deal. To ask for an old Coast Guard Cutter contingent on the repeal of Bank Secrecy Law is not enough to help us protect our underground wealth in Spratlys Island. I suggest we should ask for a submarine, it is more of a deterrent for the Chinese to fool around harassing our troops there. The scenario is this: we borrow or buy one of our Vietnamese friend's torpedoes. When the Chinese show off their big aircraft carrier, then we sneak attack and damn the torpedo ahead. When the Chinese complain, PNoy will simply say not me, what's your proof, you did not see me nor you don't have proof that the torpedo is ours, hehehe. Seriously, I think we should ask for a better deal. Aloha.


Name: 220 Lange
City/State/Country: NY
IP Address: 166.137.138.23

Comments

All foreign aid comes with strings attached. Some are implied. If the offer is accepted you are morally bound to pay when the debt is due. It is better to accept the naval vessel than pay for it. Even if others say it is a junk, all junks have a value. It is stupid pride and narrow vision that are hurting the country. Think of the benefits in the long haul people!


Name: WDC
City/State/Country: California
IP Address: 66.122.12.95

Comments

How can other countries like the US are interested to assist you if you want first class for everything and you like it free. US giving you that you can capable to maintain (money wise) because if the you US gives you first class boats or jet aircrafts, not even a month all their parts will be taken out little by little by bunch of thieves.


Name: 1 UP
City/State/Country: GOTHAM CITY
IP Address: 74.101.61.3

Comments

LPiF wrote "RA 6426: In my opinion should be modified but not repealed. It jeopardizes security and violates human privacy rights. "My question to you: how should it be modified but keeping privacy intact? If it were to be repealed how will 6426 look like? I am just curious to know. If it were to be repealed it must be written in such a way that the court is left no choice to interpret it their way. The language is key to it. Philippine courts are terrible in interpreting the law. Courts have no business legislating from the bench. That is the bedrock of separation of powers (Congress and the courts). Got to remember that court's interpretation / decisions form part of the country's common law. You wanna argue on this?


 

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