AccountancyCyprus
Transcription
AccountancyCyprus
No122MARCH2016 AccountancyCyprus www.icpac.org.cy 55 and going strong! The Journal of the Institute of Certified Public Accountants of Cyprus ΠΕΡΙΟΔΙΚΟ ΤΑΧΥΔΡΟΜΙΚΟ ΚΛΕΙΣΤΟ ΕΝΤΥΠΟ ΤΕΛΟΣ ΠΛΗΡΩΜΕΝΟ ΑΔΕΙΑ ΑΡ. 133 ΑΔΕΙΑ ΑΡ. 239 Contents March 2016 – No. 122 ISSN 1450-2380 Editor No122MARCH2016 AccountancyCyprus Ninos Hadjirousos, FCA www.icpac.org.cy Deputy Editor T. Anastasiades, B.Sc., M.A. (Econ.) Editorial & Institute Offices 55 and going strong! 11 Byron Avenue, CY-1096 Nicosia P.O.Box 24935 1355 Nicosia – Cyprus Tel. 22870030, Telefax 22766360 E-mail: [email protected] URL:http://www.icpac.org.cy The Journal of the Institute of Certified Public Accountants of Cyprus ΠΕΡΙΟΔΙΚΟ ΤΑΧΥΔΡΟΜΙΚΟ ΚΛΕΙΣΤΟ ΕΝΤΥΠΟ ΤΕΛΟΣ ΠΛΗΡΩΜΕΝΟ ΑΔΕΙΑ ΑΡ. 133 ΑΔΕΙΑ ΑΡ. 239 Accountancy Cyprus is published quarterly by the Institute of Certified Public Accountants of Cyprus and is sent free to all members of the Institute as well as to a large number of other persons, companies and organizations. The Institute can accept no responsibility for the accuracy of contributed statements or articles appearing in this publication and any views or opinions expressed are not necessarily endorsed by the Institute, its Council or by the Editors. Institute News GM’s corner Interview P.4 News from the boardroom P.7 Update from the Institute Committees P.12 P.18 Think’n ahead Professional Briefing Interview with H.E. the ambassador of the Kingdom of the Netherlands, Mrs. Brechje Schwach�fer P.14 Students celebrate success at P.22 Interview of the President of the CCCI ICAEW graduation Mr. Phidias Pilides ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 1 Contents Economy P.24 The challenging road ahead P.25 Markets have funds to lend, but they also have brains P.26 Expectations for the year 2016 P.27 The Euro in the world P.28 Economic Challenges of our Times* P.30 The year will not be easy, but it will be better P.31 2016 – A year of growth and investment Provided reforms in state and economy continue P.32 We have set the foundations but we should move on P.33 The post – Memorandum era: Investments and employment P.35 The Need for an Entrepreneurial Ecosystem P.36 This Country has Potential! P.37 Cyprus in a Time Warp Our New Economic Model P.39 Central bankers on the way to hell P.40 A prices and incomes policy for Cyprus Business P.42 Cyprus Securities and Exchange Commission’s Directive on delisting from the Cyprus Stock Exchange Issuers’ obligations and the protection of shareholders P.43 Emerging Companies Market (ECM) of the Cyprus Stock Exchange (CSE) P.44 The professional services sector in 2016 P.45 Services Sector: The backbone of the Cypriot Economy P.46 From the ‘camel curve’ to the ‘duck curve’ on electric systems with increasing solar power P.48 Ways to Boost Competitiveness in Europe: Engino Case P.50 How U.S. Presidential Elections Affect Equity Market Performance P.52 Amidst continued strong capital flows in Europe, the Real Estate industry focuses on contending with disruptive forces and meeting the needs of occupiers P.54 The European Union, a Reality and an Opportunity for Chartered accountants and their clients P.55 Sustaining a competitive development in tourism P.57 The necessity of the creation of an Integrated Casino Resort P.58 Improving Research Effectiveness: The instrumental roles of academic and business communities P.60Management Human resourses management P.61 How to make sure your employees don’t quit! 2 P.62 Proposal for a European Deposit Insurance Scheme P.63 Do You Have the Business Mindset to Succeed? A new approach for professionals P.65 The Achievements and Failures of this Government – Year 2015 P.66 Incentive and Reward Schemes P.67 Crowdfunding as an alternative way of financing small and medium-sized enterprises (SMEs) and start-ups P.68 Crude Oil Tanker Market: A Strong Performer in 2015 and its Outlook P.71 The Eurozone Banking Union Where do things stand and what does it really mean for Cypriot banks? P.72 Basic principles to consider in drafting your company’s Risk Management Policy Guidelines Auditing & Accounting P.74 P.75 P.76 New leasing standard should give investors clarity Third Party Assurance Examinations: An Introduction to ISAE 3402 reporting standard for service organisations Recent Developments on IFRSs Taxation P.80 Amendments to the Cyprus tax laws to promote restructuring P.81 FATCA Vs CRS P.83 The EU Anti-Tax avoidance package: An antidote in the making P.84 European Commission proposes Anti-Tax Avoidance Package (ATAP) – Part I P.86 Living in Cyprus: A scrumpTAXious Proposition P.89 Badges of trade Having the right partner makes your load lighter. Fraud P.91 P.92 P.94 PwC’s Global Economic Crime Survey 2016 Nepotism and Patronage: a Barrier for Cypriot Companies, says the EU The Achilles Heel of Whistleblowing Protection Real Estate P.96 P.98 P.99 IT P.100 P.102 P.103 P.104 Oversupply Paphos is leading the course towards recovery in the residential market according to the RICS Property Index Real Estate expectations Failing to strike a balance Beware: You have been hacked! Encryption THE EXCEL WIZARD Electronic Discovery & Digital Forensics for Internal Investigations Specialists in International Tax Planning and Structuring, Accountancy and Audit. Offices in Lefkosia and Lemesos. Associates worldwide. The Institute Council Advisers to clients all over the world. President: Demetris Vakis, FCA, BSc, CF Vice President: *Demetris Halios, BSc(Acc), CPA, MBA Secretary: Maria Pastellopoulou, FCCA Members: Andreas Andreou, BA, ACA Panicos Charalambous, FCCA Nicos Chimarides, ACA, BSc Pieris Marcou, BA, FCA, CTA Stavros Pantzaris, B.Eng, FCA Philippos Raptopoulos, FCCA, BA ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 *Marios Skandalis, FCCA, CFC, CFE *Spyros Spyrou, FCCA, BA, MBA *Demetris Taxitaris, ACA Liakos Theodorou, FCA Christos Vassiliou, FCA, BA(Econ), CF Audit | Tax | Advisory Horwath DSP Limited Member Crowe Horwath International 8 Stassinos Avenue, 1st Floor, Photiades Business Center, 1060 Nicosia, Cyprus, P.O.Box 22545, 1522 Nicosia, Cyprus. Main +357 22755656, Fax +357 22452055, www.crowehorwath.com.cy Institute News News from the boardroom During the first quarter of 2016, the Council of the Institute convened three times and considered various matters that were of significant interest to ICPAC, the profession and the economy in general. The main activities and decisions of the Institute’s Council included the following: Meetings with Officials The President, Council Members and the General Manager during the last quarter of 2015 held the following meetings with Government, political, business and other officials: •On 13/1/2016 a delegation of the Institute comprising of the General Manager and the Chairmen of the Tax and VAT committees of the Institute met with the Minister of Transport, Communication and Works in order to assist the Minister in drafting a study for attracting airplane registration in Cyprus. •On the 13/1/2016, the President, the General Manager and Mr Spyros Spyrou, member of the Council, participated at the Public Sector Committee’s meeting, where Mr Kypros Kyprianou, Director of the Public Administration and Personnel Department of the Ministry of Finance was invited to discuss matters of mutual interest and explore ways to enhance bilateral cooperation. •The President together with the General Manager met with the President of ICAEW Mr Andrew Ratcliffe on 28/1/2016 during his visit to Cyprus. •The General Manager met with Mr Yiannakis Demetriades, the new President of STEP Cyprus, on 2/2/2016 discussing matters for pursuing mutual cooperation. •The President and the General Manager 4 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 of the Institute met on 11/2/2016 with the new Secretary General of the Employers and Industrialists Federation (OEB), Mr Michalis Antoniou. •On 18/2/2016 a workshop was carried out entitled «Public value: earning and retaining public trust in the profession» by ACCA in Nicosia. Mr Peter Large and Sha Ali Khan of ACCA presented the subjects and a fruitful discussion followed between all participants. This workshop aimed at bringing together the Council of the Institute and the Cyprus Public Audit Oversight Board in order to discuss the upcoming challenges of the profession. •On 27/2/2016 Mr Marios Skandalis, member of the Council, and the General Manager participated as presenters in a conference for economic crime, which took place in Nicosia. •On 4/3/32016, a meeting was arranged between the three competent authorities for the Administrative Service Providers, to discuss matters of common interest and pursue better coordination and alignment of actions. CySEC was represented by its Chairwoman and Vice-chairman, the Cyprus Bar Association by its President and ICPAC by its President and General Manager. •The President and the General Manager on 7/3/2016 paid a courtesy visit to the Commissioner of the Protection of Competition, discussing issues of mutual interest and seeking ways to set up a closer cooperation between the two authorities. •The President, the General Manager and Ms Amalia Hadjimichael, the Monitoring and Compliance Officer of the Institute, travelled to London between 10-12/3/2016 and had long meetings with the main local accountancy bodies, ICAEW and ACCA, respectively. The meetings were extremely fruitful and significant matters were brought to Cyprus. At the same time, ICPAC reaffirmed its excellent relations and cooperation with both bodies, exploring possible opportunities for further enhancing the current cooperation. •On 15/3/2016 the President, the Vice President and the General Manager had a meeting with a delegation of the European Commission, which took place in the framework of the evaluation of Cyprus’ progress with the memorandum of understanding with Troika. •The President, escorted by the General Manager and a delegation of the Economic Crime and Forensic Accounting Committee of the Institute met on 17/3/2016 with the Attorney General Mr Costas Clerides. During the meeting issues of mutual interest were discussed, as well as ICPAC’s suggestion to provide expertise and knowhow to the Police and prosecutors for cases involving white collar crime investigations. Council’s Decisions •The Council at its regular meetings in the quarter discussed issues relating to the cooperation with the CyPAOB, as well as, matters relevant to the mandatory audit of companies and its proposal for the amendment of the Companies Law. Significant time was also spent on discussing a proposal to CyPAOB for its financing structure. •The Council decided to introduce the BoardPad application, by which the Council meetings and proceedings (agenda, minutes, supportive material) will be conduct via electronic means. Thus, saving significant amount of time and reducing the use of paper. •The Council approved the proposal put forward by an ad hoc committee for the introduction of a retirement scheme for all its Members. The finalised proposals will be soon circularised to the Members of the Institute. •During the quarter, the Council looked at various ways to foster its effectiveness in dealing with the increasing volume of issues involving the Institute. Other important meetings and activities •Significant time was devoted by ICPAC representatives for the National Risk Assessment project, which is under way in cooperation with other authorities and the consultation of the World Bank. The first deliverables of the project were finalised and submitted and the work is being carried out until its completion in the summer of 2016. •On 7/3/2016 a meeting was held between the three competent authorities for the Insolvency Practitioners (ICPAC, Cyprus Bar Association and the Insolvency Service of the Ministry of Energy, Commerce, Industry and Tourism) to discuss current issues regarding the Insolvency profession and legislation. •Council representatives met on a number of occasions with the Ministry of Finance to discuss matters arising from the implementation of FATCA and the Common Reporting Standard (CRS) by the Republic of Cyprus. The outcome of these meetings is to formulate new piece of legislation and align the understanding and actions of all parties involved. •ICPAC also attended the meetings held for the transposition into the Companies Law the EU Directive regarding the disclosures of non-financial information in the annual reports of firms, contributing significantly into the discussion. •The Institute officials held during this period various meetings and contacts with representatives of ICEAW and ACCA who visited Cyprus. •Meetings were also held with other competent authorities such as the Cyprus Securities and Exchange Commission and MOKAS for matters relating to anti-money laundering and administrative service providers. •During the quarter, ICPAC representatives appeared before the Parliamentary Committees of Finance and Commerce regarding a number of Laws and Bills. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 5 Institute News ICPAC appoints Ms Amalia Hadjimichael as its Monitoring and Compliance Officer ICPAC with pleasure informs its Members that Ms Amalia Hadjimichael has joined the Institute as the Monitoring and Compliance Officer of the Institute. This new addition to the Institute is a clear proof of the Council’s commitment to the continual upgrading of the Institute’s services, as well as an enhancement of its monitoring role. Ms Hadjimichael, who has assumed her new duties as of February 1st 2016, is responsible for the audit and AML monitoring functions of the Institute, whilst she will also be the Com- pliance Officer of the Institute. Update from the Institute Committees Brief bio: Amalia worked at Deloitte between 2001 and 2007 where she has gained experience in the audit of international and local private and public companies. From 2007 till January 2016 she was a Director at the audit firm G.A.H Audit Services Limited where she was in charge of the audit department. She holds a BA (Hons) degree in Accounting and Finance from the University of Manchester and is a member of the Institute of Certified Public Accountants of Cyprus (ICPAC) and the Institute of Chartered Accountants in England and Wales (ICAEW) since 2004. Cooperation with the Hellenic Association of Certified Fraud Examiners (HACFE) Following the contact made by the Economic Crime and Forensic Accounting Committee of the Institute, ICPAC has penned an agreement with the Hellenic Association of Certified Fraud Examiners (HACFE) in order to promote cooperation, exchange of expertise and information, common researching and other training activities on the subjects of economic crime, fraud and forensic accounting. The agreement is in the form of a cooperation protocol and soon its implementation will commence. ICPAC’s e-learning platform for specialized training on AML and Compliance matters CORPORATE GOVERNANCE, INTERNAL AUDIT AND RISK MANAGEMENT COMMITTEE During the first quarter of 2016, the Committee turned its attention to Risk Management. As the concept of Risk Management is fairly new and not many companies have formal policies or guidelines in place to address risks, the Committee examined a number of different policy guidelines and worked on some basic principles for consideration. A Risk Management Policy Guidelines paper was put together which is included in the current issue of the Accountancy Cyprus magazine. The Committee, in consultation with the Educational Committee and the Institute of Directors, is organising a seminar focusing on a number of Corporate Governance issues. The seminar will take place in May 2016. George Hadjineophytou Chairman PUBLIC SECTOR COMMITTEE During the first quarter of 2016, the Public Sector Committee held three meetings and carried out the following activities: ICPAC entered into the e-learning era by introducing a web-based platform for the provision of specialised training on anti-money laundering and compliance matters. This platform has been developed by a UK company called VinciWorks and is offered to the Institute Members free of any charge. The log in credentials have been emailed to all members and the site is available for use. This new development compliments the existing learning and training services offered by ICPAC, allowing the Members to take maximum benefits at the convenience of their own time and place. Council abandons paper and adopts technology for its meetings The Council of the Institute adopted in February this year a web-based electronic tool for carrying out its meetings. The BoardPad application envisages to enhance the Council’s effectiveness, communication and governance. All Council meetings agenda, minutes and supportive material are now available on the application and the Council Members may use their tablet or laptop to follow the meetings. 6 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Gradually it is planned to incorporate all Council activities, as well as the activities of the Committees. EDUCATIONAL COMMITTEE During the first quarter of 2016, the Committee held three monthly meetings to discuss the organization of training seminars. The Committee eventually organized the following 5 seminars during the aforementioned period: 1. How could advisors work better with banks in the debt restructuring process for corporates: The presentation event took place in Nicosia on 14th of January, 2. Audit Monitoring Findings and Regulations: The half-day training events took place in Nicosia, Limassol and Larnaca on 12th, 13th and 14th of January respectively, 3. Refresher Seminar on IAS 12, IFRS 5, IFRS 12, and the Current Developments: The full-day seminars took place in Nicosia and Limassol on 26th and 27th of January respectively, 4. The professional liability of Accountants, Directors and Secretaries: The full-day training events took place in Nicosia and Limassol on 8th and 15th of March respectively, 1. The General Manager and representatives of the Committee met with the Chairman of the Public Service Commission, to discuss various issues that are of mutual interest, in particular the recognition of ICPAC membership by public sector entities. This issue should be discussed and explored more, with other government officials. 5. Revenue Recognition and other IFRS developments: The presentation took place in Nicosia and Limassol on 29th and 30th of March respectively. 2. The Committee met with the Director of the Public Administration and Personnel Department of the Republic of Cyprus, at the presence of the Chairman of the Board of Directors and the General Manager of ICPAC. During the meeting a number of issues were discussed that are of the interest of the Institute’s members who work in the public and the wider public sector, the highlight being the public sector reform. The Committee underlined its willingness and commitment to cooperate and assist the government in developing a new structure in the public sector, that will be promoting the general public interest. As a first step of this cooperation, it has been agreed and planned to co-organize a seminar, presenting the changes in the legislation for the pensions payments to civil servants in Cyprus. The Committee aims to organize the following seminars during the second quarter of 2016: Marios Hadjidamianou Chairman 5. TAX Updates in Nicosia and Limassol in May 2016, Overall, 10 training events were organized in all cities during the first quarter of 2016. 1. Europass - Writing your own C.V. (only for students) in Nicosia on 5th and 7th of April as well as in Limassol on 12th and 14th of April, 2. FATCA & CRS in Nicosia and Limassol on 12th and 14th of April respectively, 3. Corporate Governance in Nicosia on 5th of April, 4. New Audit Report in Nicosia, Limassol and Larnaca on 11th, 12th and 13th of May respectively, ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 7 Institute News 6. Soft Skills in Nicosia and Limassol in June 2016, 7. Financial Services according to VAT legislation in Nicosia and Limassol in June 2016. Kostas G. Tsierkezos Chairman Administrative Services Committee The committee worked closely with the General Manager of ICPAC and the Chairman of the Board of Directors to present to the other two regulators of the Administration Service Providers (CySEC and Bar Association) areas of improvement in order to create a level playing field among the regulators. A meeting between ICPAC, CySEC and the Bar Association was held on 4th March 2016 in the offices of CySEC, where all these issues were discussed including the possibility for a common monitoring body. No conclusion was being reached and issues will be revisited. Issues that were addressed by the committee include: • Updates on tax and company law changes • Upcoming fund administration law • Compliance manual for the ASP Industry • Issues for expanding cooperation with the CFA • New Double Tax Treaties • Upcoming CRS Reporting Andreas Athinodorou Chairman INSOLVENCY COMMITTEE The committee during the past months met on numerous occasions. The main priority of our committee was to continue monitoring the licensing procedures of IPs as outlined in the new Insolvency Laws and to record logistical and other problems regarding the implementation of the new Insolvency Regime. Practical and logistical difficulties were identified and suggestions have been made to ICPAC, the Ministry and the Registrar of Companies for addressing and resolving such issues. Meetings were held with the Cyprus Bar Association, The Cyprus Banks’ Association, with Registrar of Companies officials and the provisions of the transitional period were discussed and efforts made to ensure that all qualified IPs will be in a position to meet the law requirements. Our efforts in close cooperation with the President and General Manager of ICPAC are continuing to ensure that all the problems regarding the licensing of the IPs are resolved. Our committee in cooperation with the Educational Committee will be organising in the near future seminars/workshops for informing ICPAC’s members about the new Laws. I would like to take this opportunity to thank all the committee members for their hard work, commitment and dedication who under very tight deadlines always ensure that the views of ICPAC are effectively communicated to decision makers and the interests of our members are safeguarded. Michalis Avraam Chairman PUBLIC RELATIONS COMMITTEE During the first quarter of 2016, the Public Relations Commit8 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 tee formally held three meetings and carried out the following activities as per the approved action plan: Chinese dinner On 11 February 2016, the Committee organised a dinner at Mont Parnasse restaurant in Nicosia. A special price per person had been arranged which included a set menu and unlimited consumption of drinks especially for the members and friends of ICPAC. The participation for the event was considered satisfactory and members and their friends met up for an enjoyable night. Charity Event On 23 March 2016, the Committee organised a Charity Fundraising Bingo Event at Quattro Café in Nicosia. The Committee would like to thank each and everyone involved and all the donor companies for their generous gifts for this charity event. The net proceeds of the event were donated to the Center of Spastic Children “Anemone”, for children with special needs. Future Events The Committee has discussed and assessed the organisation of future events including the Annual Sports Day to be held in May, Cycling / Marathon Event, Sailing Event, Shooting Event, Cinema / Theatrical performances, various Happy Hour events, the Annual General Meeting and ICPAC’s dance for celebrating the Institute’s 55 years. Avgousta Papadopoulou Chairwoman Advisory Services Committee In the first quarter of 2016, we have organised our first event with the invaluable assistance of the Education Committee whom we sincerely thank. The event was a presentation/ discussion for ICPAC members and other professionals titled: “How could advisors work better with banks in the debt restructuring process for corporates”. On the evening of the 14th January 2016, the ballroom set up in Nicosia proved too small to accommodate the crowd of professionals that gathered to listen to our guest; Nick Smith, Head of the Restructuring and Recoveries Unit at the Bank of Cyprus. Mr Smith, a professional with unparalleled international experience on debt restructurings on both sides of the deal; advising both borrowers and lenders, had a lot to talk about on the role of professional advisors in financial restructurings. Having spent already 18 months on the island, Nick Smith spoke about his expectations when he first came Cyprus, a country with an inexistent record on debt restructurings, an economy in crisis and a troubled banking sector. Following a short but useful overview of his ‘Cyprus experience’ thus far, he urged advisors to ‘step-it up’ and lead their clients/borrowers through the admittedly complex path of financial restructuring, noting that there is still a learning process to be achieved by professionals in Cyprus, as the first major debt restructurings are only now being implemented. He also spoke about steps taken to improve the overall restructuring and insolvency framework as well as the significant effort still needed by the legislators but also the community of professionals to help the banking sector and the economy recover fully. At the end of his presentation, Mr Smith answered questions from the Chairman and Vice Chairman of the Committee as well as the audience. This discussion gave participants a chance to also express their opinion and, at the same time, exploit the opportunity to hear BOC’s Head of Restructurings and Recoveries talk on the progress of resolving the great NPL challenge. We believe that the professionals that attended the event took away much more than their CPD units and the Advisory Services Committee would like to thank all those that supported this event. Christophoros P. Anayiotos Chairman VAT Committee During the first quarter of 2016, the VAT sub-committee of the Institute of Certified Public Accountants of Cyprus (ICPAC) dealt with the below issues aiming at reducing uncertainty in applying the VAT Law and regulations and consequently creating a stable and attractive environment for new investments and improving the competitiveness of Cyprus as a business center. • A sub-committee of the VAT Committee was assigned to examine the proposed Legislation for Tax Procedure Code (TPC) and make comments to the Tax Authorities. The proposed legislation covers areas such as registration and deregistration, submission of returns, books and records keeping, VAT Audits, Assessments, objections and court appeals, collection of taxes, administrative and criminal offenses and penalties etc. The proposed piece of legislation applies to both Direct and Indirect taxes. • The VAT committee was represented at the house of Parliament to make comments to the Finance Committee with regards to the proposed bill for the restructuring of loans. The representatives of the committee suggested to the Finance Committee that before the passing of the above-mentioned bill the VAT implications must also be considered and incorporated in the bill. One of the issues causing concern as far as VAT is concerned is the VAT treatment of new properties that are foreclosed by financial institutions in satisfaction of outstanding debts. count must be credited with the total amount written off under the bad debt relief procedure thus in effect deleting the debtor entirely from the taxpayer’s records. We explained to the Tax Authorities that this requirement will cause a serious reduce the taxpayer’s chances in recovering this debtor as his balance will show zero balance and consequently risking recovering the debtor at all. It was suggested to the Tax Authorities that the written off amount can alternatively be posted in a separate account and they promised to look at positively. • Although the option to tax to the leasing of immovable property was previously discussed with the Tax Authorities, the subcommittee will once more bring it up at the next scheduled meeting with the Tax Commissioner. In particular, the intention of the proposal is to incorporate in the VAT Law option to tax provisions applicable to the leasing of immovable properties. The introduction of an ‘option to tax’ scheme is expected to ease cash flow problems of local businesses as well as attracting foreign investors wishing to invest in real estate projects. Christos Papamarkides Chairman TAXATION COMMITTEE The main activities of the Taxation Committee during the first quarter of 2016 were: 1. We have met with the newly appointed Commissioner of Taxation Mr. Yiannis Tsangaris and discussed the way forward in addressing the issues and problems faced with the Tax Department that need to be resolved. 2. We have studied, submitted our comments and attended parliamentary meetings during which tax bills were discussed, the most recent one being the bill of Finance Leases. 3. We have met with the Tax Department and discussed the scope of application of the circular on fiscal memories. 4. We have been involved with the finalisation of the circular on notional interest deduction. 5. We have examined and commented on the new tax bill on tax procedures which attempts to consolidate direct and indirect tax procedures. • The VAT Committee formed a sub-committee for re-examining the current VAT treatment of fees payable to non-executive directors and to draft a letter giving grounds as to why the current policy adopted by the VAT office in this respect must be changed. In the committee’s opinion, the current practice negatively affects the continuous effort by Government and private agencies to promote Cyprus as a financial center for major businesses to set-up their global or regional headquarters. In preparing its proposal, the VAT Committee performed a research to find out how competitive jurisdictions treat non-executive directors’ fees for VAT purposes. 6. We are examining the tax bill amending the Law on Mutual Assistance and Automatic Exchange of Information in the field of Taxation. • Further to the issuance of Circular 201 providing clarifications on the Bad Debts relief procedure, the VAT Committee raised some concerns regarding the practical application of one of the conditions contained in the circular. More specifically, for the bad debt relief to be allowed, the debtor’s ac- 9. We have continued our participation in the committee examining the tax issues arising from the adoption of the Solvency II Directive. 7. We have finalised our proposals for the taxation of benefits in kind following the Tax Department’s intention to regulate the matter and are expecting the arrangement of a meeting with the Tax Department to discuss. 8. We have continued working on proposals for the improvement of the taxation environment on trusts. 10.We have continued providing technical support to the MinACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 9 Institute News istry of Finance when requested. Currently we are assisting with the amendment of our IP regime. 11.Members of our committee continued their involvement with DTT negotiations. Panicos Kaouris Chairman ECONOMIC CRIME AND FORENSIC ACCOUNTING (ECFA) COMMITTEE During the first quarter of 2016 the ECFA committee discussed extensively recently published economic crime and corruption cases in Cyprus and all over the world. A representative of our committee attended on behalf of ICPAC a Parliamentary Committee meeting regarding the proposed amendment to the Corruption Law and the enforcement of certain penalties to companies when in default. Also our committee met with representatives of the Cyprus Chapter of ACAMS and discussed different ways of cooperation between ICPAC and ACAMS. In addition our committee is liaising with different anti-fraud bodies in UK with the purpose of exchange ideas and possible cooperation such as the Fraud Advisory Panel and the Forensic Specialist panel. In the current issue of Accountancy Cyprus, two members of the ECFA committee have written an article relating to PWC’s global economic crime survey for 2016. The article stressed that the economic crime is still going strong despite the millions of dollars spent to tackle it. The message is clear: the burden of preventing, protecting and responding to economic crime rests firmly with organisations themselves. 2. On 27 January 2016 the Committee represented by the Chairman and a member of the Committee had a meeting with the Superintendent of the National Betting Authority. The meeting took place following an inquiry by the Superintendent to discuss the possible guidance needed to be sent to the members regarding the application of reporting requirements provided on the Betting Law of 2012. The nominated subcommittee will review the law and provide its suggestions at the next meeting. The Committee will then decide whether is necessary to suggest to ICPAC the issue of a circular to the members. 3. The Committee has completed the examination of the revised and new International Standards on Auditing (“ISAs”) relating to the new Audit opinions effective for the accounting periods ending on or after 15 December 2016 (ISAs700, 701, 260, 570, 705 and 706). The complete booklet with the new audit reports have been drafted, by the sub-committee, incorporating the comments of all the members of the Committee. The booklet is now under a consultation period with the technical departments of various audit firms. The aim is to issue promptly a revised booklet of illustrations of Audit Reports based on the revised ISAs. The seminars that have been scheduled to take place in May 2016 are currently under the final stages of preparation. The ECFA editorial committee issued volume 6 issue 4 of the e-bulletin. The e-bulletin was emailed to the ECFA-SIG members comprising almost 200 members and is also published in the website of ICPAC. The main article in the issue described the latest results of the KPMG fraud barometer which was published in August 2015 and identified the latest fraud trends and patterns affecting the UK economy which helps business to stay alert to new fraud risks. Christos Tsissios Chairman The ECFA committee is working very closely with the Educational committee of the ICPAC for the organization of a number of seminars covering topics in the field of forensic accounting and economic crime. A number of seminars are currently in the process to be organized in the near future. 1. On the 13th of January the committee coordinated the seminar “Audit Monitoring Findings and Regulations”. The seminar was held at Carob Mill in Limassol. Serghios Savvides Chairman Auditing Standards Committee During the first quarter of 2016 the Auditing Standards Committee (the “Committee”) performed the following tasks: 1. On 27 January 2016 a follow up meeting, arranged by the General Manager of ICPAC, with the Superintendent of Insurance and the personnel of her department took place at the office of the Superintendent, in relation to the reporting requirements of Solvency II. The committee was represented by its chairman and a member of the subcom10 mittee dealing with Solvency II matters. It was agreed that a working group is formed by ICPAC in order to liaise with the Superintendent during the deliberations for agreeing on the regulatory reporting requirements and regulatory reporting format by external auditors of insurance companies under the Solvency II regime. The Committee is represented by one member in the working group. The last meeting of the working group with the Superintendent took place on 11 March 2016. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Limassol – Paphos Coordinating Committee During the period from 1 January 2016 to 31 March 2016 the Limassol-Paphos coordinating committee has carried out the following activities: 2. On the 22nd of January the committee donated as a Christmas gift the amount of €1.000 to “Limassol Home for Children” charity. 3. On the 27th of January the committee coordinated the seminar “Refresher Seminar on IAS 17, IFRS 5, IFRS 12 and the Current Developments”. The seminar was held at St Raphael Resort in Limassol. 4. On the 15th of March the committee coordinated the seminar “Professional Liability”. The seminar was held at Carob Mill in Limassol. Ioanna E. Nicolaides Chairman Shipping Committee to align efforts on Shipping and work towards a common goal. During the last three months the shipping committee continued its involvement with the initiatives of the Ministry in connection with the development of a national shipping strategy. The committee has been working closely with the Cyprus Shipping Chamber, the Cyprus Shipowners Association, the shipping committee of the Bar Association, the Central Bank, the Statistical Department as well as the Ministry of Transport, in an effort Issues like contribution of shipping to the economy, filing of accounts, freight taxes imposed on Cyprus vessels, tonnage tax forms are some of the issues that are being discussed. Cleo Papadoloupou Chairwoman New Members During the period January - March 2016 the following persons have been accepted as new members of the Institute: 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 Katerina Assiotou Mikaella Alonefti Aliki Charalambous Soula Ioannidou Chariklia Thoma Antigoni Syrimi Stella Antoniou Marios Makrides Gabriel Charalambous Michalis Christou Dionysios Eracleous Andreas Varianos Andreas Tsangaris Marinos Fasouliotis Sviatlana Tsikhamai Walid Khabbaze Valentina Paphiti Emily Stylianou Chrysanthi Fylaktou Rodia Constantinou Thekla Andrea Vana Andreou Fillippas Koutalianos George Tsirakkis Lazaros Neophytou Anna Avraam Andreas Vladimirou Natasa Kalaitzi Natasa Zorpa Eleni Papadopoulou Christina Achilleos Xenia Kyprianou Anastasia Piki Rea Koudounari Angela Lillitou Silva Karamani Chrysanthi Motsakou Xenia Saiti Afrodite Cosma Theano Orinou Christos Theodoulou Panayiotis Mitsios Lambros Sofocleous Antonis Siamas Antonis Lambrou Kyprianos Photiou Savvas Nicolaou Stavros Efthyvoulou Constantinos Marcou Nikiforos Pambakas Paraskevi Yidari Marios Ntzialev Constantinos Karavalis Yiannos Zenios Georgios Hadjicosta Natalia Novikana Christina Koroni Christia Evagorou Eliana Orphanidou Constantina Constantinou Kleopatra Georgiou ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACA ACA ACA ACA ACA ACA ACA ACA ACA CPA Australia ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACA ACCA ACA ACA ACA ACA ACA 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 Eleni Constantinou Rodoula Demetriadou Constantina Kyriakidou Milto Stavrou Christos Klokkaris Savvas Klitou Marios Socratous Christos Kone Olga Gennari Anthi Papageorgiou Constantinos Petrides Chrysostomos Gavriel ACA AICPA AICPA ACCA ACCA ACA ACA ACA ACA ACA ACCA ACA Reregistrations 3573 Michalis Vasiliou ACA Removals 728 Kyriakos Kolokasides 767 Michalis Aspris 848 Dina Makariou 1051 Demetris Fieros 1178 Savinos Charalambous 1233 Marios Souzou 1335 Evangelia Evangelou 1403 Anna Pelekanou 1680 Varvara Perdikou 2051 Ioanna Kyprianidou 2200 Maria Antoniou 2219 Rodoula Rousou 2420 Christos Hadjikyriacou 2510 Parson Georgiou Parson 2649 Antonis Zenieri 2707 Nicolas Patsali 2745 Thekla Prodromou 2776 Ioanna Ioannou 2825 Ioakim Costi 2861 Christina Savvidou 2931 Anna Demetriadou 3000 Anastasia Anastasiou 3006 Margarita Hadjittofi 3049 Panayiota Poullaidou Christou 3050 Pamela Christodoulou 3056 Andreas Charalambous 3110 Eleni Manti 3159 Elena Konovalova 3176 Georgina Acworth 3273 Maria Panayiotou 3285 Georgios Lazari 3327 Alexis Dritsas 3329 Loucas Anastasiou 3351 Stavros Michael 3376 Jacob Damien Roche 3469 Kristina Gailiute Khan 3523 Christina Koullapi Demosthenous 3655 Koulla Savva 3675 Timothy Barry Gardner ICAEW ACCA ACCA ACCA ACCA ICAEW ACCA ACCA ACCA ACCA ACCA SOEL ACA ICAEW ICAEW CPA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACA ACCA ICAEW ACCA ACCA ICAEW ACCA ACA ACA ICAEW IIPA ACCA ACCA ACCA ACCA Passed away 16 Solonas Triantafyllides 1530 Yiannakis Lazarou ACA ACA ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 11 GM’s corner: Think’n ahead! 55 and going strong! By Kyriakos Iordanou General Manager of ICPAC This year ICPAC celebrates the fifty-fifth anniversary of its inception back in 1961. Starting off as a humble club of the very few, at the time, qualified accountants, and passing through various phases of development and maturity, ICPAC grew into a significant stakeholder of the economic and business scene, a multi-discipline organisation serving more than 3.700 members and nearly 3.000 students. This exponential expansion in the Institute’s roles and interests is evident by the fact that ICPAC has been entrusted legal responsibility and authority under four separate legislations, regulates today three distinct professions, operates via 24 specialised committees, as well as, by the multiple issues governing the Council’s agenda. One of the most challenging periods for ICPAC is undoubtedly the one that we currently endure, with the economic crisis and Troika dominating the scene. Apart from the overall financial and social predicament which affected everybody (and ICPAC was no exception), the Cypriot professional accountancy body actively participated in the efforts to successfully meet the obligations under the adjustment programme of the Memorandum of Understanding with Troika. In parallel, the Institute’s Council, the management, committee and other members worked hard in order to alleviate adverse repercussions on the economy, to maintain Cyprus as an international business centre and to restore the county’s reputation and credibility. ...we are still far from ultimate excellence; but we try to gradually build it piece by piece, given the constraints of our capabilities and resources. We are of course very pleased with the successful completion of the adjustment programme, however there is still way to go. We are definitely not out of the woods yet, and the economy still faces a number of serious challenges such as high unemployment, slow economic development, banks’ non-performing loans, market’s lack of liquidity, coupled by the inevitable social effects. Something we should have learned from this tough lesson though, is that we ought to adopt a new mind-set and culture, be more professional and less tolerant towards medio- ...ICPAC is also committed to servicing the public interest and safeguarding public value. 12 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 cre, corruption, nepotism and complacency. The necessity for genuine and effective structural reforms in the manner that the State is both governed and run is eminent, calling for fair but tough and bold decisions without daring to consider any political or personal cost. Pursuing the above is imperative in order to be in position to cherish the fruits of the economy potentials that pose so attractively before us. Serious investors will most probably bypass Cyprus if they fear that their investments will be at stake, with uncertainty and loose procedures in the picture. There is indeed a lot of business potential; but it is not a “sitting duck” any more. What ICPAC has achieved in its history so far, in comparison to other local organisations and to international accountancy bodies, is truly impressive. A mere glance at its current activities and services is good enough to get an idea. However, we are still far from ultimate excellence; but we try to gradually build it piece by piece, given the constraints of our capabilities and resources. ICPAC is actually found at a strategically transitional stage, exploring its possibilities for restructuring and developing new skills and competencies. This is of-course partly dictated by the increasing legal and professional obligations, the new EU Directives and Regulations, the overall regulatory environment and global developments. We try to anticipate how the future obligations and Member needs will shape up and, at the same time, we develop our courses of action to meet those needs. We try to think and plan ahead! Being an organisation whose activities as well as the work done by its Members affect public trust, ICPAC is also committed to servicing the public interest and safeguarding public value. The accountancy profession carries its share of public responsibility, something that is understood and addressed by the Institute. Board evaluation for performance excellence Mounting expectations, regulations and challenges, have brought Boards of Directors’ quality of performance under greater scrutiny. KPMG focuses on preparing Boards to proactively work towards meeting their evolving responsibilities through evaluation of their performance and provision of practical solutions for improvement. Our well-established methodology and approach lies on the implementation of a targeted evaluation, placing emphasis on particular concerns without losing its comprehensiveness. Our past experience, market knowledge and high caliber experts are our most valuable assets placed at your disposal. We can become your trusted advisor bringing on Board in-depth insight, objectivity, independence and consistency. For more information please contact: Marios Papalazarou Principal T: + 357 22209190 E: [email protected] Elli Foulli Manager T: + 357 22209018 E: [email protected] kpmg.com.cy 2016 is a landmark year for ICPAC, not only because of the successful completion of the first 55 years of professional service, but it is envisaged to be a turning point in its activities and image. Placing ethics, competence, knowledge and professionalism on top of its list, ICPAC is committed to pursue further enhancement of its good services to its members, the economy, the society and the public in general. History so far is not by itself a guarantee of what will follow, but it is a strong indication that we will keep on progressing on robust foundations. So, the first 55 years of professional commitment have passed by and ICPAC is still going strong! © 2016 KPMG Limited, a Cyprus limited liability company and member of the KPMG network of independent member firms affiliated with KPMG International Cooperative (”KPMG International”), a Swiss entity. All rights reserved. Professional Briefing Students celebrate success at ICAEW graduation ICAEW’s graduation event on 28 January celebrated the achievements of 135 ACA graduates with over 450 guests in attendance and 3 international prize winners. Keynote speeches were given by ICAEW President Andrew Ratcliffe, Nicos Syrimis, Chairman of KPMG Cyprus, George Appios, CEO Piraeus Bank and ICPAC President, Demetris Vakis (KPMG partner). The ICAEW annual graduation ceremony is an important day to both students and the organisation. It celebrates the success of many future business leaders who will join the family of Chartered Accountants. Andrew Ratcliffe began his keynote speech with a presentation to Nicos Syrimis celebrating his three decades of work with ICAEW. He went on to point out to the new ACA graduate students the rewarding careers that their prestigious qualification could bring. Andrew said: “By passing your exams, you’ve opened up the door to a very exciting career. The ACA is internationally-recognised, and we will offer you a network and ongoing professional support wherever your career takes you.” emerge from recently economically tough times over the past two years or so. Our members in Cyprus are playing a crucial part in rebuilding the nation’s economy, and it is great to see that firms continue to support this for the future by training the next generation of Chartered Accountants. And there is an increasing demand from these firms to employ more ACA students, which is a good indicator of the nation’s economic growth for the year ahead.” IASB shines light on leases by bringing them onto the balance sheet The International Accounting Standards Board® (the Board) today issued a new accounting Standard, called IFRS 16 Leases. It replaces accounting requirements introduced more than 30 years ago that are no longer considered fit for purpose and is a major revision of the way in which companies account for leases. The amendments will help investors to evaluate changes in liabilities arising from financing activities, including changes from cash flows and non-cash changes (such as foreign exchange gains or losses). Cyprus was the first country outside the UK where ACA students were able to study, and marked the first step towards making it a truly international qualification, making it a key international market for ICAEW The successful graduates will now go on to complete their practical work experience requirements, at which point they will be able to become full ICAEW members and call themselves ICAEW Chartered Accountants Leasing provides an important and flexible source of financing for many companies. However, the old lease accounting Standard (IAS 17 Leases) makes it difficult for investors and others to get an accurate picture of a company’s lease assets and liabilities, particularly for industries such as the airline, retail and transport sectors. FEE pursues the debate on the future of audit and assurance This new FEE discussion paper Pursuing a strategic debate follows up onOpening a discussion: the future of audit and assurance from 2014. It is based on the responses received to the 2014 paper and on the debate at the FEE Audit Conference Long Term Vision and Short Term Challenges in June 2015. FEE’s work aims to keep the accountancy profession engaged in an open and dynamic debate with its stakeholders and propose changes to respond to a rapidly changing environment. This paper thus identifies three main topics for the future of audit and assurance: • respond to stakeholders’ needs • encourage innovation driven by technology • rethink education to ensure the right skillset for the future The challenges that lie ahead for the profession go along with plenty of opportunities to further evolve and better serve new markets’ needs. FEE is committed to support the constant adaptation of the profession, while continuously promoting the fundamental principles of integrity, objectivity and independence, professionalism, competence, and confidentiality. Listed companies using IFRS Standards or US GAAP are estimated to have around US$3.3 trillion of lease commitments; over 85 per cent of which do not appear on their balance sheets*. That is because leases to date have been categorised as either ‘finance leases’ (which are reported on the balance sheet) or ‘operating leases’ (which are disclosed only in the notes to the financial statements). This somewhat arbitrary distinction made it difficult for investors to compare companies. It also meant that investors and others had to estimate the effects of a company’s off balance sheet lease obligations, which in practice often led to overestimating the liabilities arising from those obligations. IFRS 16 solves this problem by requiring all leases to be reported on a company’s balance sheet as assets and liabilities. The ICAEW President also highlighted the important role that Chartered Accountants play in rebuilding Cypriot economy. He noted: “You will be providing a service that society depends upon. We’ve been pleased to see Cyprus beginning to Professional reputations. Directors and officers liability. Data breaches and cyber risk. These are just some of the issues facing organizations today. Helping your business survive and thrive MARIOS PHIDIA, Deputy CEO, Head of Client and Business Development Tel: +357 25 878100 [email protected] KYRIACOS N. KYRIACOU, Head of Non-Marine Tel: +357 25 878100 [email protected] Brokers Limited isCYPRUS authorized•and regulated 122 by the•Financial Conduct 14 Marsh ACCOUNTANCY VOLUME MARCH 2016 Authority. Copyright 2016 © Marsh Brokers Limited All rights reserved. Marsh helps you anticipate and manage threats to your business. Educating insurers on your business risks and customizing coverage to manage specific challenges. Marsh enables you to conduct business with confidence, bringing stability for your business, facilitate innovation and growth, improve cash flow and return on investment, and increase shareholder value. IASB issues narrow-scope amendments to IAS 12 Income Taxes The International Accounting Standards Board® (the Board) today issued amendments to IAS 12 Income Taxes. The amendments, Recognition of Deferred Tax Assets for Unrealised Losses (Amendments to IAS 12), clarify how to account for deferred tax assets related to debt instruments measured at fair value. IAS 12 provides requirements on the recognition and measurement of current or deferred tax liabilities or assets. The amendments issued today clarify the requirements on recognition of deferred tax assets for unrealised losses, to address diversity in practice. Entities are required to apply the amendments for annual periods beginning on or after 1 January 2017. Earlier application is permitted. The improvements are part of the Board’s Disclosure Initiative—a portfolio of projects aimed at improving the effectiveness of disclosures in financial reports. The impact of the audit reform on audit committees in Europe The latest EU audit reform has expanded the audit committee’s role substantially. The audit committee is now instrumental in strengthening confidence in the statutory audit and in financial information as a whole. Overall, the audit committee is expected to become a key factor within the corporate governance framework of EU Member States. This FEE briefing paper highlights the developing role of the audit committee in Europe and provides an overview of the related changes to corporate governance best practice. The paper also provides for a number of FEE recommendations. For the sake of completeness these recommendations have been summarised at the end of the paper. IASB responds to investors’ call for improved disclosures The International Accounting Standards Board (the Board), responsible for IFRS Standards, has today issued amendments to IAS 7 Statement of Cash Flows. As the deadline for transposing the legislation is getting closer (16 June 2016), a high level of coordination amongst all stakeholders (board and audit committee members, audited company management, shareholders, and auditors) will facilitate achieving the desired outcomes. Working towards consistent functioning of audit committees across Europe remains crucial in order to achieve the desired outcomes. The improvements to disclosures announced today require companies to provide information about changes in their financing liabilities and come as a response to requests from investors for information that helps them better understand changes in a company’s debt. Endorsement of IFRS 9 This short briefing paper will provide additional answers to some of the questions asked by Members of the European Parliament of the Economic and Monetary Affairs Committee (ECON) during recently-held two public hearings on the InACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 15 Professional Briefing ternational Financial Reporting Standards (IFRS) broadly, and on IFRS 9 on financial instruments specifically. The Federation comments on IASB’s exposure draft ‘IFRS Practice Statement Application of Materiality to Financial statements’ The International Accounting Standards Board (IASB)’s Disclosure Initiative project explores how disclosures in the International Financial Reporting Standards (IFRS) financial reporting can be improved. The initiative comes as a follow-up on the discussion forum on disclosure in financial reporting. The Federation supports the IASB’s step-by-step approach for the Disclosure Initiative and its current project to provide guidance to management to apply the concept of materiality when preparing general purpose financial statements, in accordance with IFRS requirements. We also underpin the IASB’s decision to issue the document as a Practice Statement in a non-mandatory form as we believe it will avoid the potential risks of conflicting with national laws and/or legal requirements. The Federation issues views on the development of consistent high quality non-financial reporting in Europe This Position Paper highlights the requirements of the EU Directive on disclosure of non-financial and diversity information, which is due to be transposed into Member States’ national laws by 6 December 2016. Those companies affected will need to comply with the national rules from 2017 onwards; the European Commission is in the process of developing non-binding guidelines to assist them in complying with these requirements. The Directive requires 6,000 large European companies to disclose information at least on environmental, social, and employee-related matters, as well as on the respect for human rights, anti-corruption, and bribery issues. These companies also have to disclose the diversity policy for their administrative, management and supervisory boards. This Directive represents the most significant EU legislative initiative in respect of such environmental, social and governance disclosure in nearly a decade and is likely to have a significant impact on the non-financial information (NFI) reporting of many of the companies affected. This paper sets out what the NFI Directive means in practice, discusses the key issues around implementing the requirements, and provides some real-world examples of how the requirements can be met. IESBA Staff Draw Auditors’ Attention to Key Ethics Code Provisions When Facing Downward Pressure on Audit Fees IESBA staff have developed a new publication, Ethical Considerations Relating to Audit Fee Setting in the Context of Downward Fee Pressure, in response to stakeholder concerns about downward pressure on fees and its potential to adversely impact audit quality. The publication highlights important considerations in the Code of Ethics for Professional Accountants (the Code) for auditors in relation to the setting of audit fees. 16 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Among other matters, the publication outlines some of the reasons for downward pressure on audit fees and focuses on the key fundamental principles in the Code to which auditors must pay particular attention in these circumstances. It also highlights the different, but important, roles that those charged with governance, entity management, regulators, and other stakeholders can play in ensuring that financial considerations related to audit fees do not drive actions and decisions that undermine audit quality. The publication will be relevant to auditors when considering tendering for a new audit engagement, or when proposing or agreeing fees for recurring audit engagements. It may also be of interest to those charged with governance, preparers, regulators and audit oversight bodies, investors, and others with an interest or role in auditors’ work and their independence. IAASB Finalizes Changes for Auditor Reporting on Special Purpose Financial Statements Reporting on special purpose financial statements is linked to the IAASB’s new and revised Auditor Reporting standards issued in January 2015, in particular ISA 700 (Revised), Forming an Opinion and Reporting on Financial Statements, and new ISA 701,Communicating Key Audit Matters in the Independent Auditor’s Report. The amendments to ISA 800 and ISA 805 are limited to auditor reporting and are not intended to substantively change the underlying premise of these engagements in accordance with the extant ISAs. IAESB Issues Guidance on Implementing a Learning Outcomes Approach for Professional Accounting Education The International Accounting Education Standards Board™ (IAESB™) has produced guidance material to support the implementation of a learning outcomes approach. IFAC member organizations who are responsible for professional accounting education and the development of professional competence through practical experience will benefit from this guidance. Through its revised IES™, the IAESB has prescribed the learning outcomes to be achieved by professional accountants and aspiring professional accountants. The IES are also relevant to stakeholders interested in the learning and development of professional accountants and audit professionals, such as public accounting firms, regulators, and employers. Patchwork Regulation Threatens Global Growth and Stability Senior Executives, Regulators, Academics Identify Ten Principles for Good Regulation A report on global regulation issued by the International Federation of Accountants® (IFAC®) calls for political leaders and governments around the world to follow ten principles for consistent, high-quality global regulation, to aid global economic growth. The ten principles were identified by 30 senior executives and experts from regulatory agencies, financial markets, government, academia, listed companies, investment funds, and the accounting profession at a roundtable in Hong Kong convened by IFAC in partnership with the Hong Kong Institute of Certified Public Accountants (HKICPA). The principles are intended to help guide regulators toward better decisions and protect the global economy from the dangers posed by a patchwork approach to regulation. While business and finance are increasingly global, roundtable participants warned that important regulation is not. Instead, it is frequently focused on national interests, which can create barriers and impediments to inclusive growth and jeopardize global financial stability. Several actions were discussed to foster a more integrated global regulatory framework that can create a better environment for economic growth: Stronger systems and incentives for cross-border regulatory collaboration and cooperation. • Beyond consultation within the regulatory community, lack of resources and different national financial ecosystems make true collaboration with a broader set of stakeholders a challenge. • Greater incentives are required before regulators can look beyond national interest, and consider long-term, global implications of regulation. Systematic review of regulations to determine whether implementation and impact match expectations. • Current regulatory systems often focus on writing regulation rather than evaluating effectiveness. Not all existing regulations are implemented in practice. • Rapid change in business and financial markets requires continued flexibility. Much regulation is outdated by the time it is implemented, often years after originally proposed. • Independent oversight of regulation would allow collaborative discussion and better analysis of costs and benefits. 10 clear principles for high quality financial regulation rather than a reactive response. • To serve the public interest, regulation needs to be evidence-based, proportionate, appropriately resourced, collaboratively developed/implemented, consistent, subject to active oversight, systematically reviewed, have clear objectives, and be properly targeted and enforced to address intended issues. • They must be developed in consultation with the public, and affected constituencies. IPSASB Publishes Exposure Draft 61 Proposing Revisions to the Cash Basis IPSAS The International Public Sector Accounting Standards Board® (IPSASB®) today released for comment Exposure Draft (ED) 61,Amendments to Financial Reporting under the Cash Basis of Accounting (the Cash Basis IPSAS™). The Cash Basis IPSAS has two parts. Part 1 identifies requirements that a reporting entity needs to adopt to claim that its financial statements comply with the IPSAS. It presently in- cludes requirements for preparation of consolidated financial statements and for disclosure of information about external assistance and payments made by third parties. ED 61 proposes that these requirements be revised, recast as encouragements, and moved into Part 2 of the IPSAS. Part 2 identifies encouraged disclosures that an entity may choose to provide, but which are not required to claim compliance with the IPSAS. The ED also proposes amendments to ensure that the existing requirements and encouragements of the Cash Basis IPSAS are better aligned with the equivalent accrual IPSAS, unless there is a reason to deviate as a result of adopting the cash basis of accounting. This will better support entities’ expected use of the Cash Basis IPSAS as a platform from which to transition to accrual IPSAS. Latest Editions of IAASB, IESBA, IPSASB, and IAESB Handbooks Now Available The International Federation of Accountants® (IFAC®) today announced the availability of the current editions of the handbooks from the: • International Auditing and Assurance Standards Board® (IAASB®); • International Ethics Standards Board for Accountants® (IESBA®); • International Public Sector Accounting Standards Board® (IPSASB®); and • International Accounting Education Standards Board™ (IAESB™); IAASB Highlights How Expected Credit Loss Models Will Affect Auditors; Signals Broader Efforts to Strengthen Auditor Efforts on Accounting Estimates The International Auditing and Assurance Standards Board® (IAASB®) today released a publication highlighting the audit issues arising from the shift to Expected Credit Loss (ECL) models when accounting for loan losses. ECL models are now required, or will soon be required, by some financial reporting frameworks, including IFRS 9, Financial Instruments, which will come into effect from January 1, 2018. Bob Moritz selected Global Chairman of PwC The PricewaterhouseCoopers International Network has selected Robert E. Moritz as its new chairman, succeeding Dennis Nally, the current PwC global chairman, for a four-year term beginning on July 1, 2016. Since 2009, Mr. Moritz has led PwC US as its chairman and senior partner. Mr. Moritz has been with PwC his entire career, joining in 1985 and becoming a partner in 1995. His background is in Assurance, primarily serving financial services companies. During his career he spent three years with PwC Japan, where he provided audit and advisory services to numerous European and US-based financial services organisations operating in Japan and across Asia. Mr. Moritz has held a number of leadership roles within PwC, including leading the US Assurance practice as well as serving as the Managing Partner for the New York region. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 17 Interview Interview with H.E. the ambassador of the Kingdom of the Netherlands, Mrs. Brechje Schwach�fer What economic conditions are presently prevailing in the Netherlands? At the moment the Dutch economy is experiencing a period of economic growth. In 2015 the economy grew by 1.9% following a 1.0% increase in 2014. Dutch economic growth also became more broadly based. Domestic spending such as investments and private consumption helped the economy to grow, as well as exports. To Ninos Hadjirousos, Editor, and Tassos Anastasiades, Deputy Editor, Accountancy Cyprus Journal In an interview we had with H.E. the Ambassador of the Kingdom of the Netherlands, Mrs. Brechje Schwach�fer we have been informed, inter alia, that the Netherlands is an important foreign direct investor (FDI) in Cyprus quoting the figure of €498 mln in 2014, which made up 84% of the total FDI in Cyprus for that year. With regard to trade the Netherlands is the sixth most important source of imports. Regarding the present conditions of the Dutch economy Mrs Schwach�fer stated that presently the outlook for the Dutch economy points to sustained economic growth. The European Commission forecasts economic growth of 2.1% in 2016 and 2.3% in 2017, which is well above the expected growth in the euro area and EU as a whole. The Dutch economy contracted in 2012 and 2013 but recorded economic growth again in 2014 and 2015. At the same time unemployment increased in 2012 and 2013. The government responded with a vast array of structural reforms, ranging from the housing market and labour market to the financial sector. The government spending was reduced. For example the embassy in Cyprus had to, unfortunately, let go of a number of expatriate and local staff. To our question about the main priorities of the Dutch presidency Mrs Schwach�fer responded by stating that they will devote much of the sixmonth period to four major issues: a.Migration and international security: The refugee crisis will continue to dominate the European agenda during the NL Presidency, as well as terrorism. b.Innovative growth: a deeper and fairer internal market We want to encourage job creating companies, based on knowledge and innovation. The Netherlands see the internal market as a key to this, and we want to deepen it and make it fairer. 18 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 In terms of trade, the Netherlands was in 2014 the 6th most important import partner for Cyprus. Cyprus imported goods for 290 million euros from my country, mainly food and live animals, machinery and transport equipment, mineral fuels and lubricants. The situation of the labour market is also improving. Unemployment declined to around 6.6% in the fourth quarter of 2015. At the same time more jobs have been created. The outlook for the Dutch economy at the moment points to sustained economic growth. The European Commission forecasts economic growth of 2.1% in 2016 and 2.3% in 2017, which is well above the expected growth in the euro area and EU as a whole. c.A Stronger European Monetary Union: The reforms the EU has undertaken in the last years to tackle the financial and economic crisis are starting to show results, but there is still a need for improvement. d.Climate and energy: The Netherlands Presidency would like to promote sustainable economic objectives and continue to work on a wellconnected and well-functioning single energy market. With regard to dealing with the high unemployment the Ambassador stated that for unemployment, which is unacceptably high in most EU countries, to go down, we need economic growth. Which means sound budgets and, amongst other things, room for innovation and a completed internal market. The interview with H.E. the Ambassador of the Kingdom of the Netherlands, Mrs. Brechje Schwach�fer follows: Mrs. Ambassador we would like to start our interview by asking you to brief us with regard to the economic relations between the Netherlands and Cyprus. Our bilateral economic relations are good. Let me give you some facts. The Netherlands is an important foreign direct investor (FDI) in Cyprus. In 2014 it amounted to 498 million euros, which made up for 84% of the total FDI in Cyprus for that year, the latest for which figures are available. Has the Dutch economy faced any serious economic problem in the last 2-3 years and if yes how was that handled? The Dutch economy contracted in 2012 and 2013 but recorded economic growth again in 2014 and 2015. At the same time unemployment increased in 2012 and 2013. The government responded with a vast array of structural reforms, ranging from the housing market and labour market to the financial sector. The government spending was reduced. For example the embassy in Cyprus had to, unfortunately, let go of a number of expatriate and local staff. But we can’t do it all ourselves. The Dutch economy is a small and open economy. Developments in the world economy do have an impact on the Dutch economy. When do you expect the Agreement for the Avoidance of Double Taxation between Cyprus and the Netherlands to be finalised? In December of last year, a Dutch delegation was on the island to negotiate the Agreement and steps were taken to limit the number and extent of the differences. Both governments strive to have the Agreement finalized as soon as possible. What are the main priorities of the Dutch E.U. rotating presidency? During our Presidency, we will not work on national priorities. The priorities as we see them are the priorities of the EU as a whole. Looking at the European agenda, we expect to devote much of the six-month period to four major issues: a.Migration and international security The refugee crisis will continue to dominate the European agenda during the NL Presidency, as well as terrorism. b.Innovative growth: a deeper and fairer internal market We want to encourage job creating companies, based on knowledge and innovation. The Netherlands see the internal market as a key to this, and we want to deepen it and make it fairer. c.Stronger European Monetary Union. The reforms the EU has undertaken in the last years to tackle the financial and economic crisis are starting to show results, but there is still a need for improvement. d.Climate and energy. The Netherlands would like to promote sustainable economic objectives and continue to work on a well-connected and well-functioning single energy market. How does your Government propose to deal with the refugee crisis as well as the relevant issue of Schengen? For the Netherlands, the current crisis should be dealt with by finding common solutions, based on mutual trust and with and for all 28 Member States. First and foremost, all EU Member States should deliver on commitments previously made. Important elements of an overall policy are better reception in the region, effective control of external borders, well-functioning hotspots, relocation and a common return policy. We should all take our responsibility in this. As Netherlands, for example, we have sent a 45 person team to the Greek island of Chios, to help the authorities with the influx of migrants. We have also committed another 250-300 people for border control assistance at the external borders of the EU. Lastly we have started receiving the first of our quota of to be relocated immigrants from Greece and Italy, like Cyprus has recently done. Which measures do you propose so as to give a push to the E.U. growth rate? The Netherlands is convinced that continued and consistent reform and sound budgets are essential for a healthy European economy. Agreements should be adhered to, for a strong Eurozone for governments, businesses and citizens. Apart from that, we need to ensure that knowledge and innovation, as the main guarantees of our Union’s competitiveness, are given the attention and space that is required. Through purposeful, targeted policy, we want to encourage job-creating companies for five and ten years to come. The single market is key and there is still much untapped potential in the single market, which is why it is important that we continue to deepen it and make it even fairer. We will look at the creation of one single market for digital products. Also, the Netherlands will move forward the single market strategy on services, another part of the internal market that should be deepened. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 19 www.pwc.com.cy Interview Expertise Solutions Value Lastly, we need to make the internal market fairer. The equal level playing field when it comes to workers should be guaranteed and the social dimension strengthened. A serious issue the Dutch presidency will have to deal with is the demand of prime minister David Cameron for revised terms of Britain’s E.U. membership. Could we have your views on this serious issue? The Netherlands welcomes the deal that was recently reached between all EU Member States on the membership of the UK of the EU. We are convinced that it is in the interest of the EU, the Netherlands, Cyprus as well as the UK that it remains a member. It is now up to the people of the UK to express themselves in the referendum, which will be held in June. Given that the Netherlands is highly dependent on trade, to what extent would the Dutch presidency be active in promoting the finalization of the Free Trade Agreement between the E.U. and the USA? We are hopeful that the pace of negotiations will pick up. During our Presidency, the Netherlands will look to further the negotiation process in an efficient manner. Our Minister for Foreign Trade and Development Cooperation, Lilianne Ploumen, will chair the meetings of the Foreign Affairs Council that discuss our common commercial policy. We will support the European Commission where necessary. Another serious economic problem the E.U. is facing is the high unemployment 20 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 rate which at the moment stands at 10.5% as compared to 5% for the USA and 5.1.% for the U.K. What measures does the Dutch presidency intend to propose in order to combat or reduce unemployment? For unemployment, which is unacceptably high in most EU countries, to go down, we need economic growth. Which means sound budgets and amongst other things room for innovation and a completed internal market, also for services and the digital market. We will do our best as EU Presidency to move us forward on all these issues. Finally could you brief us on steps being taken for the introduction of the third leg of the Banking Union, namely the Single Deposit Guarantee Scheme? Preparatory work is currently underway and this is done on the basis of the European Commission’s European Deposit Insurance Scheme (EDIS) proposal, as well as the communication “Towards the completion of the Banking Union”. As Presidency, we are committed to the project of Strengthening the Banking Union, as it is about decisive progress towards risk reduction and a more balanced level playing-field for banks. Risk sharing and risk reduction are two sides to the same coin and parallel progress is necessary. We support you to create the value you are looking for by providing specialised solutions based on quality. Together we build relationships based on trust and we say things as they are, to assist you to deal with issues that tomorrow will prove important. We adapt our expertise and the power of our global network to your specific needs helping you make the difference. Our ambition is to carry out an inclusive process in order to achieve consensus and agree on a roadmap with concrete steps and a timetable towards risk reduction and risk sharing. © 2016 PricewaterhouseCoopers Ltd. All rights reserved Interview Interview of the President of the CCCI Mr. Phidias Pilides How should the government proceed with the reform of the public sector? The reform is moving forward and we are generally very pleased with the way it is being made. What I would like to point out is that the government must be brave and insistent on these reforms. There is still a lot to be done and implemented, and undoubtedly the benefits we have obtained so far stem from the restraint in public sector wages and recruitments, which should continue to be applied. As regards the issue of bureaucracy, the public sector is persistently demonstrating indifference and resistance to change causing major investors to flee. To Ninos Hadjirousos, Editor, and Tassos Anastasiades, Deputy Editor, Accountancy Cyprus Journal The Cyprus economy prospects and challenges In an interview we had with Mr. Phidias Pilides, President of the CCCI regarding the prospects and challenges faced by the Cyprus economy we have been informed, inter alia, that under no circumstances should the Government backslide and hesitate to continue implementing the structural changes that must take place. The economic situation in most companies does not yet allow the complete return to their employees of what they have been deprived as a result of the crisis. They can only give back part of these benefits, and unless a gradual restoration of benefits is followed we are all jeopardizing what has been achieved so far with a lot of sacrifices. To our question about the reform of the public sector Mr. Pilides stated that the government must be brave and insistent on these reforms. Mr. Pilides stressed that there is still a lot to be done and implement, and undoubtedly the benefits we have obtained so far stem from the restraint in wages and recruitments in the public sector, which should continue to apply. Regarding the privatisation of semi-public organisations Mr. Pilides stated that It is unacceptable for our country to be the last one to still have a public telecommunications organisation. This is a sector enjoying immense privileges at the expense of consumers. It is preposterous that citizens are paying for the deficits of the semipublic organisations’ provident funds due to mismanagement and irregularities. As regards the current situation of enterprises Mr. Pilides stated that the truth is that some enterprises have started to breathe more easily. “We certainly cannot claim that the enterprises current situation is as it was before the crisis. Some of them handled the crisis diligently and are now beginning to move forward with optimism”, Mr. Pilides stated. The interview of Mr. Phidias Pilides follows: 22 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 public organisations demonstrate that they are merely interested in preserving their privileged status. What is your position on the Government’s reform policy? Under no circumstances should the Government backslide and hesitate to continue implementing the structural changes that must take place. We all saw how beneficial the result of the initial effort was, and this effort must go on. I hope that we have learned our lesson, though some disappointing actions have come to our attention. Demands have begun to be posed even before coming out of the crisis. For example, we can observe the reactions of the semi-public organisations’ employees, who actually behave as if they own these organisations, without being able to realise that these organisations belong to the people, who will benefit or suffer from the actions that will be taken. Demands should be posed when there is enough room for their satisfaction. This is not the right time to discuss about collective agreements covering entire sectors. The economic situation in most companies does not yet allow the complete return to their employees of what they have been deprived as a result of the crisis. They can only give back part of these benefits, and unless we follow a gradual restoration of benefits we are all jeopardizing what has been achieved so far with a lot of sacrifices. This is the correct course of action. Through their behaviour, the employees of semi- Furthermore, we still cannot understand the reason behind the reactions in relation to the full implementation of the interchangeability system. The absence of a proper evaluation system and the employment permanence in the public service, in the negative sense, are two elements that must be changed. Of course there should be security at work and employees should feel that their jobs are not threatened, yet again they should be appropriately evaluated and, in case the state decides that some of them hold posts that are outside their duties, it should be able to make the necessary corrections. The public sector should be an ally and a supporter of the private sector instead of being an obstacle and a deterrent to its activities. So we must bring about a change of mentality. Civil servants are there to help the state operate in a way that serves the society in whole instead of causing distress to citizens from an ill-conceived position of power. What is your opinion on the privatisation of semi-public organisations? It is unacceptable for our country to be the last one to still have a public telecommunications organisation. This is a sector enjoying immense privileges at the expense of consumers. It is preposterous that citizens are paying for the deficits of the semi-public organisations’ provident funds due to mismanagement and irregularities. The unreasonable privileges, and not the basic ones, must be readjusted on a rational basis. We are not encouraging the passing of state monopolies into private hands in a way that would perpetuate their status as monopolies, since this would worsen the situation. What we are saying is that the conditions for healthy competition should be safeguarded and semi-public organisations should be privatised. Provided that the conditions for healthy competition are in place, I am confident that we will begin to enjoy the benefits within the first six months. CYTA and EAC employ excellent technical staff, but no one can deny that there are undeserving employees among them, and this must be remedied. What is the current situation of enterprises? The truth is that some enterprises have started to breathe more easily. We certainly cannot claim that the enterprises’ current situation is as it was before the crisis. Some of them handled the crisis diligently and are now beginning to move forward with optimism. There is increasing optimism in the market, consumers are not as reluctant to spend as before. It seems that those who can afford to invest are gradually starting to invest and, besides, a relevant recovery in the real estate sector is starting to show. Professional services managed to sustain the crisis and are now back in the track of development. Even during the crisis, Cyprus never stopped being a reputable international business centre offering high quality services without any significant losses. Many companies have already begun to show again their interest in using our country as a base for their international activities. Tourism has performed better in 2015 compared to 2014 with total revenues rising by 4.4% year on year in 2015. If we keep acting as we should, in 2016 we will do a lot better. What has the Chamber gained from its business missions abroad? The mass media abroad have been praiseful of how we managed the crisis in our country, and it seems that this encourages foreign investors. In our missions we have adjusted our philosophy to the needs of the time. While before it was enough for us to merely travel abroad and provide information about our country’s advantages, we now strive to aim precisely at the interests of investors. In China, which we visited together with the President, great interest was demonstrated in connection to the real estate and tourism sectors. In Ukraine our biggest success was the signing of the agreement for the avoidance of double taxation. This was extremely important, since we were trying to conclude this agreement for the last eight years. We are certainly competing with others, and for this reason we must offer extra advantages to investors. Although activity is taking place in the investments field, no breakthrough has yet been made. It is also worth mentioning that countries such as Thailand, which are not among traditional investors, are showing interest in the real estate sector specifically. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 23 Economy The challenging road ahead JUST THREE years after the climax of the worst crisis since the establishment of our state, the Cyprus economy is back on the right path. By Harris Georgiades, Minister of Finance In Europe our country is now considered a shining example of how an economic crisis should be tackled. Cyprus now features in articles in the international press for its achievements and not its problems. Of course, the consequences of the crisis are still being felt, but comparisons should be made not with a sound economy, but with the conditions of economic collapse shaped in the five years before March 2013. Everyone should consider the state the economy was in three years ago and where it stands now. We could list all the forecasts – by those who disagreed and by those who voted against all the reforms – and how many of these have been proved wrong. Let us recall a few: we are in the euro, we did not impose new taxes, we did not need a second memorandum, we were not led into an ever-deepening recession, the Troika did not get its hands on our natural gas, society did suffer but destitution was avoided. In short, today we are back on the path to recovery and development. We have, in effect, earned a second chance. And it is exactly now at this juncture that we are called upon to choose the road we will follow. One road is the one we followed in the past. It is the one of negligence in relation to the management of public finances. It is the one of constant pressure for appointments and pay rises in the public sector, for constant expansion of benefits and hand-outs offered by the state, usually not to those entitled to them but to those who claim them the most vociferously. It is the road of those who condemn austerity, but do not realise that the deficits and debts of this irresponsible management always land on the taxpayer in a way that undermines the future and the prospects of development. It is the road of complacency, with a banking system – including the co-operative banks – that lent recklessly. It is the attitude that considers state organisations public wealth but is indifferent to their systematic plundering. It is the road of conservatism which is chosen by those who resist every change and hide behind dogmatism and slogans. The other road is not easy at all. It is the one of prudent management of public finances. This means balanced budgets and control of public 24 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 spending, especially of the state payroll and benefits. It means that recruitment and pay rises in the public sector must be reasonable and in line with the performance of the economy as stipulated in the proposed legislation that has been before the legislature since last August. It means that all possibilities of transfers of existing staff will be explored before the option of new appointments is considered, as stipulated in another proposed bill tabled in the House some time ago. This approach carries the challenge of change and reform. One example is the radical reform of social policy that has already been implemented, offering cover to thousands of our compatriots who were in genuine need while also excluding others who should never have been eligible. Another is the ceding of the running of the ports to a private investor, the finding of a strategic partner for CyTA and the operation of the state lottery by a private company. This road demands that the banks operate in a framework of trustworthiness and manage responsibly the money of their depositors who paid a very high price for the mistakes of the past; that they fund the real needs of individuals and businesses but will also ensure the loans they give will be repaid. This road assumes the courage to say ‘no’ when it is necessary. It prioritises the beneficial and not always the popular. It is not the road that seemingly ‘suited’ us in previous years. But it is the only road that can lead the country forward. Unfortunately, we had to reach the brink of total catastrophe to understand this. Some, however, even today remain stuck in antiquated attitudes, frequently longing for the spoils of the past. This is the time the people are also obliged to take their on responsibilities. It is the time for the silent majority who are struggling and worrying about tomorrow, and not for those who make a lot of noise and remain stuck in the past. Now is the time we must find the strength to say a big ‘no’ to populism and instead encourage rationality so that we keep our country on the road of responsibility, consistency and prudence. It is the only way to ensure that we do not wake up to days like those we faced in March 2013 again. Markets have funds to lend, but they also have brains The next time Cyprus taps international markets, its borrowing cost will be higher. As Cyprus prepares to exit its adjustment programme without having implemented all actions that were part of the agreement, markets don’t seem to be particularly happy about it. By Marios Mavrides Member of the Parliament Associate Professor of Economics European University Cyprus According to the latest data, the yields of the Cypriot 10-year government bonds rose by 20 basis points since the end of December. Even though this increase is not spectacular, it does make a difference when we are talking about loans amounting billions of euros. A €1bn loan will cost €20m more every year. What’s causing more concerns in the case of Cyprus is that its borrowing costs are on the rise while in the rest of the euro area they are going down (with the exception of Greece and Portugal). Germany’s borrowing costs, which serve as a reference, fell by 28 basis points in January the yield of its 10-year bond is around 0.3 per cent today. Germany refinances its maturing debt with 0.3 per cent while Cyprus does so at an annual cost of 3.82 per cent, which means that Cyprus’s As Cyprus prepares to exit its adjustment programme without having implemented all actions that were part of the agreement, markets don’t seem to be particularly happy about it. spread is 3.52 per cent. Cyprus has the highest borrowing costs in the euro area after Greece, which borrows at 9.16 per cent. Actually, Greece doesn’t get any loans from the markets but from the European Stability Mechanism. It is noteworthy that Cyprus managed to reduce its borrowing cost from the excessive levels of 2013 (of up to 14 per cent) to 3.62 per cent until few weeks ago, mainly thanks to the successful implementation of the adjustment programme. In recent weeks however, we are witnessing a delay in the implementation of the terms of the bailout which displeases markets. The reluctance demonstrated by opposition parties to cooperate, and their resistance to privatizations disappointed financial markets. In addition, amendments to the foreclosure and insolvency legislation translate into obstacles in the process of consolidating the banking system smoothly, and in the reduction of non-performing loans. This therefore begs the question, why does a country with half of its banks’ loan portfolio non-performing make the consolidation of its banking system so difficult? It also begs the question of why a country with its economy chained by various interest groups and establishments, refuses to get rid of them. Markets are not stupid; they do have funds they want to lend but they also have brains, much more than what we believe. Unless the adjustment programme is completed as agreed and we also do what it takes to strengthen our economy, our borrowing cost will keep rising. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 25 Economy The Euro in the world As well as serving as the currency of the euro area, the euro has a strong international presence. Currencies are the means by which wealth is stored, protected and exchanged between countries, organisations and individuals. A global currency, such as the euro, does this on a global scale. Since its introduction in 1999, it has firmly established itself as a major international currency, second only to the US dollar. Expectations for the year 2016 By Christos Michaelides, Chairman of Employers & Industrialist Federation (OEB) Cyprus has very recently exited the Memorandum of Understanding (MOU) following three years of spending cuts and austerity, deprivation and sacrifices. As we learned from our experience, the rate of economic recovery is slower than that of recession, therefore improvement of the economic climate is going to be gradual, without huge changes in the real economy. which will attract foreign investors to the island, such as licensing for an integrated casino resort, the development of marinas, privatization of ports and the creation of a Science and Technology Park. Apart from the high value added that each project is expected to provide to the economy, a much needed great number of new job positions will be created. Exiting the MOU will allow Cyprus to finally regain its “freedom” from creditors and will give us the opportunity to trade freely in international markets in order to cover our needs. However, we cannot afford to be complacent neither we have the right to return to the times of irrational spending. As repeatedly stated by our political leaders, in recent months a new momentum has been developed in the negotiation process to solve the Cyprus problem. We believe that the current year will definitely show whether this new effort will lead to a mutually acceptable solution to our political issue or not. In the case of a solution, the business world and the Cyprus economy, will find themselves faced with enormous challenges. We will be obliged to go through major changes and adjustments that could lead us to great opportunities for rapid economic growth. That is why we must remain positive and alert in order to deal with every challenge that may arise. The management of public finances is expected to continue within the same reasoning and prudence taught to us by the memorandum and we must invest in the reforms we have undertaken as a state, if we wish to maintain and improve the recent rates of recovery. Spending habits and practices of the past should be abolished once and for all and the brand new beginning in healthy and neatly budgeted finances must become a normal practice. Strengthening of entrepreneurship must become one government’s top priorities in order to achieve growth and development in both the economy and society. During the current year we are expecting the initiation of several major development projects 26 Τhe year 2016 began with feelings of hope and optimism. We all anticipate that the faint signs of recovery as shown recently by the main economic indicators, will continue to improve for the rest of the year and certainly for the years to follow. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 OEB knows firsthand that the road to economic recovery and prosperity will be a long one with many reforms still to be made. We are still going through a period of transitions for our business model, but with proper planning we can achieve many benefits for the near future. As our mission states, OEB is and shall continue to be next to the Cypriot businessmen and claim what is best for our economy. By George Markopouliotis, Head of the European Commission Representation in Cyprus Within the euro area, the single currency, the euro, is the means by which governments, companies and individuals make and receive payments for goods and services. It is also used to store and create wealth for the future as savings and investments. However, the size, stability and strength of the euro-area economy – the world’s second largest after the United States – make the euro increasingly attractive beyond its borders, too. Public and private sectors in third countries acquire and use the euro for many purposes, including for trade or as currency reserves. For this reason, today, the euro is the second most important international currency behind the US dollar. The widespread use of the euro in the international financial and monetary system demonstrates its global presence: • The euro is widely used, alongside the US dollar, as an important reserve currency to hold for monetary emergencies. In 2015, more than one-fifth of the global foreign exchange holdings were being held in euros. • The euro is also the second most actively traded currency in foreign exchange markets. It is a counterpart in around 33% of all daily transactions, globally. • The euro is widely used to issue government and corporate debt worldwide. In 2015, the share of euro denominated debt in the global markets was around 40%, on par with the role of the US dollar in the international debt market. • The euro is also gaining momentum as currency used for invoicing and paying in international trade, not only between the euro area and third countries but also between third countries. It is used as trade invoicing currency for more than 50% of all euro area imports, and for more than 65% of all euro area exports. • Several countries manage their currencies by linking them to the euro, which acts as an anchor or reference currency. The status of the euro as a global currency, combined with the size and economic weight of the euro area, is leading international economic organisations, such as the IMF and the G7, increasingly to view the euro-area economy as one entity. This gives the European Union a stronger voice in the world. To benefit from this stronger position, and to contribute effectively to international financial stability, the euro area is speaking with one voice more and more in important economic fora. This is done through close coordination between the euro-area Member States, as well as the European Central Bank and the European Commission during international economic meetings. A number of third countries and regions are even more closely linked to the euro. The stable monetary system behind the euro makes it an attractive ‘anchor’ currency for them, particularly for those that have special institutional arrangements with the EU – such as Andorra, Monaco, San Marino and the Vatican City . By linking their currency to the euro they bring more certainty and stability to their national economies. Euro preferred by EU companies in their international transactions A Eurobarometer survey published by the European Commission in February confirms that the euro is widely used by European firms in their invoicing practices with nearly eight out of ten companies invoicing more than 75% of their exports in euros. The survey covered companies in France, Germany, Italy and the UK in the aircraft and shipbuilding, energy, financial services, and electrical and mechanical engineering industries. Two thirds of the surveyed firms in France, Germany and Italy said they did not use any currency other than the euro for export invoicing. If companies did use other currencies, this was mostly due to client preference and the important role of the US dollar in global finance. Moreover, four fifths of the companies said that the European sovereign debt crisis has had no effect on their use of the euro in trade invoicing. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 27 Economy Many other countries with declining competitiveness and low productivity accumulated large deficits and went into debt. Second, in many countries globalization and technology left large numbers of people behind, creating potential for instability. Economic Challenges of our Times* By Michael Sarris Economist Former Minister of Finance The current generation is living in one of the most challenging times in the economic and social history of mankind. This period is characterized by a deep and protracted worldwide recession and by a technological revolution and continuous innovation. In the aftermath of the onset of the Great Recession in 2008, there is a serious debate on its causes and impact with emphasis on the failings of capitalism and the resulting human suffering. It is up to this generation to implement reforms, which should eventually lead to a redefinition of the free enterprise system. The goal is that it will evolve into a market system with a human face. The other game-changing development of our times is the digital revolution which is called by many as the Fourth Industrial Revolution. Powerful advances in Information and Communication technologies are leading to large gains in productivity and efficiency and rapid innovation in products and services. A large share of those now in high-school will probably look here for employment and should gear their preparation accordingly. But these advances are also creating important challenges in job replacement, data protection and the distribution With respect to the Eurozone there are alternative narratives, as to the origins and the management of the ensuing crisis. 28 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 of the resulting growing wealth. The key challenge is how to distribute fairly the “automation dividend” which has made income inequality worse. There is also a shift in market strength: power accrues to those who have most data, best algorithms and most advanced computers. The bet to be won here is how to maximize the benefits of the digital revolution while dealing effectively with its challenges. The financial crisis started in the United States about ten years ago. It was a remarkable combination of failings in bank supervision and regulation, greed for profit and lack of attention to the potential dangers of persistent trade imbalances and huge capital inflows coming in from China. The Americans dealt with the crisis, as they always do, and moved on. But the crisis exposed serious shortcomings in the functioning of the worldwide economic system and especially in the European Union and the Eurozone. For a thirty-year period leading up to the recent crisis, expanding international trade, free enterprise and market-based systems, generated jobs for almost everybody, created wealth and got millions in all continents out of poverty –viewed from afar, a remarkable achievement. But viewed from close by, this was an unsustainable system. First, there were growing imbalances, as successful exporters like China, other emerging economies and Germany accumulated export earnings but did not recycle them through increased demand for imports. With respect to the Eurozone there are alternative narratives, as to the origins and the management of the ensuing crisis. These alternatives were seen in action during the 2015 stand-off between Greece and its creditors. First, is the narrative of national policy failures in terms of heavy public spending and borrowing, and declining competitiveness. The second narrative puts emphasis on the design faults of the Monetary Union: its narrow emphasis on fiscal criteria, the neglect of rapid growth in private sector borrowing and the absence of a banking union and of a federal budget. At the same time the fact that surplus countries like Germany, do not participate in the needed correction by expanding their imports, makes the adjustment for deficit countries much harsher. There is truth in both narratives and the challenge going forward is to build systems to help avoid national policy errors, while fixing the architecture shortcomings of the Monetary Union. The pressure for reforms is coming from the legacy of the crisis in Europe. What we now see is slow growth, income stagnation, low productivity, high debt and, above all, high unemployment, especially among young people. Some changes like a banking union and a stronger fiscal pact are happening. But, the key goal of political union that will enable Europe to deal with crises more effectively like the United States, remains elusive. In fact we now have sharper North-South and East-West divides, fuelled by economic differences and large migration flows. All this leads to Euroscepticism, nationalism and xenophobia, mostly from the right, and populism from the left. Because the shortcomings of the free enterprise system are rightly seen as having contributed to the crisis, there is a danger for this populism to lead to a return to tax-and-spend approaches and a growth of the role state. These approaches have been tried and failed. That is why it is important for all of us to come up with a credible middle road that avoids the pitfalls of unchecked market-based capitalism without falling into the inefficiencies of socialism. Elements of this approach must include combating corruption which allows those using devious methods to advance at the expense of the rest of us; fighting tax evasion which frustrates honest people in too many countries; real reform of the financial system so that innocent tax payers do not have to pay the bill again; and tackling monopolies and vested interest groups which have captured the political system and are blocking reforms that benefit the majority. In parallel, this approach would refocus the welfare state on the really needy and use the money saved to invest in health and education. The other game-changing development of our times is the digital revolution which is called by many as the Fourth Industrial Revolution. I have touched on some of the challenges of the younger generation, namely: forging a stronger political union in Europe, rehabilitating a market-based economic system, and taking full advantage from the digital revolution; but there are others, like climate change where the myopia of the young and the selfishness of the older generations is leading to inaction. There is also the long-standing challenge of reducing income and wealth inequality worldwide and eliminating poverty in developing countries which ought to remain firmly on our radar screen. Reversal of the extreme increase in inequality that has occurred in the last thirty years is a policy choice and must be seen as part and parcel of the big challenge of our times of redefining and reshaping our free enterprise economic system. *Keynote Speech at the 11th Annual Mediterranean Model United Nations Conference of High School Students, February 5, 2016. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 29 Economy 2016 – A year of growth and investment Provided reforms in state and economy continue By Christodoulos Angastiniotis President of the Cyprus Investment Promotion Agency (CIPA) The year will not be easy, but it will be better Cyprus has weathered a storm of immense proportions and has demonstrated that this crisis, as ones in the past, can be surpassed despite a treatment that was less than fair from Cyprus’ partners. However, the tenacity, focus and deliberate effort that we have witnessed since 2013, must continue unabated: If 2015 was a year marked by massive effort, impressive achievement and the keeping of promises, 2016 will have to be a year of even more effort, more achievement and more promises kept. By John P. Hourican CEO, Bank of Cyprus This remains our focus in Bank of Cyprus. The banking industry continues to come under pressure as NPE ratios remain high, household and business indebtness continues to stifle growth and the abrupt dissaving that occurred in 2013 continues to limit opportunity. Customer service must also become more intensely improved so that we can provide service that is not only satisfactory, but of top quality. We will not shirk from the challenge. We welcome it and we will continue to deal with it with equal measures of ambition and determination. ELA exposure, despite a decline that belies even the most optimistic observers, must continue. The management of loans in arrears and restructuring must also continue despite the progress that has taken place, especially in the Austerity has come to its limits. With prudent management, the fiscal problem has been mostly tackled. Reform seems to be underway. 30 ACCOUNTANCY CYPRUS • VOLUME 121 • MARCH 2016 last quarter of 2015. Overall asset quality needs to be further improved, despite the successful outcome of the SREP test that has taken place. The banking system, and Bank of Cyprus especially as the industry leader, need to support the economy of the country by extending rational, careful lending to viable customers and by assisting existing customers to return to viability. Our focus on Cyprus itself is now complete and we remain devoted to supporting the economy of the country and its return to conditions that will allow Cypriots to not only make plans for the future, but to also dream of bigger and better things to come. Austerity has come to its limits. With prudent management, the fiscal problem has been mostly tackled. Reform seems to be underway. Beyond the continued management of existing challenges, however, we need to start discussing more intently the road to prosperity- a new economic model for growth, stability and opportunity for all Cypriots. At Bank of Cyprus, we wish to engage in this discussion with all stakeholders, participating in the emergence of a new promise for the country. Our wish, alongside all Cypriots, is that the year can bring a reunification of the island. The coming year will not be easy, but with ambition, renewed energy and deliberate effort, I am certain that it will be better. The performance of the Cyprus economy, which was the result of hard work and the implementation of a demanding but necessary adjustment and reform programme, delineate a positive outlook for 2016. A series of favourable developments, such as the island’s exit from its economic adjustment programme this March, ongoing positive reviews by international rating agencies, a decline in the state’s borrowing rates, forecasts for growth in excess of 1.4% in 2015, to name but a few, allow us to look to the future with more confidence and optimism. Similar progress has been made in creating a more business friendly environment, as according to the “Doing Business” report for 2016, Cyprus has climbed 13 places in the world rankings of countries in the “Ease of doing business” category, while it also ranks among the 10 economies with the most noticeable improvement as regards reforms for the financial year 20142015. Attracting direct foreign investment is the only safe choice for economic growth in a strongly competitive and evolving international environment. Investor interest in large investment projects such as the integrated casino resort, luxury marinas, golf courses, expansion of Limassol Port, Vasilikos Energy Centre and the Scientific and Technological Park, as well as use of the old Larnaca airport building, are all testament to the prospects of key sectors of the economy, such as tourism, commerce, energy, research and innovation. The Cypriot real estate market is also showing notable potential for growth, with sales to local and foreign buyers recording a remarkable increase in 2015. More specifically, they rose 21% in November, while on the back of a 20% increase in 2014, an additional 9% growth was recorded from the start of 2015. CIPA continues to contribute, in its own area of activity and with the same commitment and determination, to the unremitting effort to stabilise and adjust the Cyprus economy to the new state of affairs. The Agency actively participates in efforts to reposition the country and introduce a legislative framework for a comprehensive procedure to Facilitate Strategic Investments, which will provide a stable investment framework of regulations and procedures, bypassing bureaucracy and time-consuming procedures that hamper the implementation of investments. Regarding the institutional framework, CIPA contributes by preparing proposals for amendments to the existing tax and legal framework, with the aim of boosting Cyprus’ competitiveness and attractiveness as an investment destination. Bringing the law up to date, promoting large investment projects, upgrading the tourism product, defining tax, town-planning and other business incentives, as well as accelerating licensing procedures and implementing an effective permanent residency programme for wealthy third country nationals, are just a few of the necessary steps which are underway in the investment sector to help the economy progress. The progress that has been recorded and the prospects which have opened up have helped serve other top objectives, first and foremost of which is reducing unemployment, which though still high is showing signs of stabilising. Attracting direct foreign investment is the only safe choice for economic growth in a strongly competitive and evolving international environment. The need to continuously redefine and readjust the Cyprus economy’s growth model is imperative so as to increase its versatility, and make it more efficient, competitive and truly hospitable to foreign investments. This is a collective mission, the benefits of which will be felt soon. Having recorded the required stabilisation and progress in 2015, Cyprus has laid the foundations to achieve sustainable growth rates over the next year. 2016 could mark the beginning of a new era of growth, prosperity and progress for the economy and the country, provided we do not become complacent about what we have achieved and continue the reform effort we have started with the same dedication and determination. Economy We have set the foundations but we should move on In order to take advantage of opportunities for the future, we need to move on with further changes and initiatives. Despite the improvement as illustrated by certain key indicators and the growth of the Cyprus economy, we still have to tackle several challenges arising from both internal and international factors. By Christis M. Christoforou, CEO Deloitte Ltd In 2015 there have been positive developments which have led to increased hope for the future. The public debt was decreased to 108% of GDP and the government deficit was reduced to less than 3% of GDP, observing the Maastricht criteria. The improvement of the perceived financial reliability of Cyprus internationally is of major significance. This is apparent through the Republic’s creditworthiness upgrade by foreign rating agencies, as well as through the successful third access to the international markets by our country. On the other hand, no one can overlook the problems in the real economy, such as the unemployment rate (15%), non-performing loans (€27,4 billion or 48% of the total bank loan portfolio), lack of liquidity, high interest rates, reduced productivity and lack of competitiveness in the economy. Moreover, I consider the continued dominance of bureaucracy in the public sector to be counterproductive, as it has negative consequences on the private sector’s efforts for new initiatives, new investments and new business activities. In general, I would say that in 2015 we have set the foundations for positive developments. Yet, our efforts should not stop there. In order to be successful in the future we need to keep going with further initiatives. In my view, in 2016 our efforts should focus on the following key areas: • We should proceed with pushing through the required reforms in both the public and the private sectors without further delay. • We should move forward with previously scheduled large infrastructure projects. • We should build on the comparative advantages of our county, as well as on new sectors, mainly energy. • We should proceed with prompt and significant loan restructuring, in terms of number of loans and monetary value. • We should bring forward solutions to address the problems of the real economy. Unfortunately the road ahead will not be easy by any means, since several of the efforts will be met with obstacles such as mentality, trade unions’ reactions, practical difficulties and other complications. I personally believe that the government should 32 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 demonstrate more determination and decisiveness. We disagree with the way the government deals with the reactions against privatizations and the public sector’s reform. Furthermore, we worry about the delay in completing significant infrastructure projects (marinas, golf clubs, etc.). We generally believe that we should move faster with more urgency, in order not to miss the momentum of the economic recovery, which brought some positive results in 2015. At the same time, we should be cautious of the global environment, as Cyprus is vulnerable to international developments, due to the nature of its economy. The crisis in Syria, in combination with the migration problem, international terrorism and the disruption of political relations among related parties (RussiaWest or Russia-Turkey, etc.), causes turbulences with unpredictable consequences. We, as Cyprus, have neither the power nor the capabilities to influence these developments. Nevertheless, we can advance our role as a factor of stability and security in this crisis. Cyprus, as an EU member state with abundant competitive advantages, should build on the current situation pushing forward in its own interests, in respect of the Cyprus problem, energy and economy. The post – Memorandum era: Investments and employment In this light, I consider that the developments in the region may influence the development of our economy, yet, we may also take advantage of the new situation for the benefit of our country. Under these circumstances, we have a vital role as professionals. Deloitte, as well as other professional services organisations, has made a major contribution to the efforts towards rebuilding the Cyprus economy. Through a variety of initiatives in Cyprus and abroad we have managed to alter the negative image portrayed by the economic crisis in 2013. At the same time, we have tried to persuade foreigners that our economy has not lost its comparative advantages, therefore, they should not stop their activities on the island. Moreover, we have highlighted and promoted the prospects of Cyprus, based on energy, tourism, shipping and other promising sectors, so as to attract further investments and foreign companies. Assessing our efforts in the recent years, I can say that we are satisfied that Cyprus and its economic model continues to attract foreign investors. Deloitte will persist in undertaking new initiatives, which will promote Cyprus abroad and will create the conditions for further development of our country’s business profile. Utilizing our knowledge, our extensive experience, vision and professionalism, Deloitte will continue being on the frontline of the development of the Cyprus economy. By Tassos Anastasiades, economist Deputy Editor, Accountancy Cyprus Journal, and former Director, Ministry of Finance Since March 2013, when a Memorandum adjustment programme was introduced in Cyprus, a large number of important measures for correcting significant imbalances were implemented. As a consequence, the economy is recovering while the banks have been restructured and recapitalized. In 2015, the Cyprus economy expanded by 1,6%, following three years contractions, namely of 2,5% in 2012, 5,9% in 2013 and 2,5% in 2014. The Central Bank expects growth to pick up to a 2% rate in 2016. The macroeconomic adjustment programme implemented helped the country’s fiscal deficit as a decline to more sustainable levels. As a percent of GDP the government budget deficit declined to 0,2% in 2014 and 0,5% in 2015 from 5,8% and 5,9% in 2012 and 2013 respectively, declined to 0,2% in 2014 and remained low, at 0,5% in 2015. Nevertheless, the borrowing made necessary by the country’s financial collapse resulted in Consumers believe that an increase in private business activity will lead to an enhancement of world economic growth. an increase in the public debt to 108,8% of GDP from 79,5% in 2012. Also, unemployment has remained high—around 15% of the labour force, compared to 3,7% in 2008 while the non-performing bank loans are 48% of the total value of the loans. Now that Cyprus exits the memorandum of understanding it is necessary that it continues its structural reform process. It is important that Cyprus continues the prudent fiscal policy so that it does not return to the era prevailing before the memorandum, when there was high non - targeted social expenditure, while wages were rising faster than the rise in productivity. This led the downgrading of our competitiness and to a high current account deficit which in 2008 peaked at 15.6% of GDP. This deficit was financed by loans both locally and from abroad so that, as stated above, the public debt reached 108% of GDP while the debt of the private sector (households and businesses) went up to 300% of GDP, one of the highest in the EU. For the facing of the serious social and economic problem of unemployment, investment is necessary. But investment cannot be undertaken by the public sector. The government with a public debt of 108% of GDP canACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 33 Economy not increase borrowing further by new loans to be used for investment because the rating agencies will downgrade the credit rating of the government and if it needs to borrow the interest rate will be much higher. As a consequence investment should be undertaken by the private sector, with the exception of certain infrastructural projects which help the private sector to promote productive investment. According to findings of research done by the international marketing company Edelman in 28 countries with a participation of 33,000 persons, confidence in business has increased to the highest level since the crisis of the 1930’s. Consumers believe that an increase in private business activity will lead to an enhancement of world economic growth. Specifically, the research showed that 80% of the persons who participated believe that a company can take the necessary actions to both increase its profits and improve social and economic conditions of the country where it is activated and developing. Structural reform measures: for private investments to be carried out structural reform should continue and even be intensified. We may underline the introductionof measures by the government and the parliament for fiscal prudence, the improvement of productivity of the public sector, the reduction of the government wage-bill (including the reduction of the salaries of the new entrants), the reduction of bureaucracy as well a the promotion of the ``one stop shop’’ which will facilitate the foreign investors. Also the prudent behaviour of the trade unions is needed so that wages and salaries should not rise at o higher rate than the rate of increase of productivity. The role of the trade unions in a globalised economy is to cooperate with the businesses for the improvement of productivity so that their members will be receiving real wage rises, not nominal wage rises which lead to the rise of the cost of production and, as a consequence, the decrease of investments and unemployment. But unfortunately certain political and/or professional groups both of the private and the public sector are submitting claims for the return of the so-called “acquired rights” which they held before the onslaught of the economic crisis. And because we are in the middle of elections campaign the various political and social groups are expecting that the government will yield. As a result it has been decided that the Cyprus Electricity Authority will not be privatised as it was agreed with the international lenders. This is also true with the privatisation 34 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 of CYTA. And this, as the trade unions argue, to protect the ``national wealth’’. There were similar arguments for the Cyprus Airways so that we do not sell-out the ``national airline’’. We now know the result. The Need for an Entrepreneurial Ecosystem It is important that Cyprus continues the prudent fiscal policy so that it does not return to the era prevailing before the memorandum... There in no more ``national airline’’ but people can still visit Cyprus without a problem. Besides the privatisations, other issues which have not been finalised are the improvement of the civil service and the introduction of a general health care scheme (GESY). Thus we lose the 9th and final installment of €400 and if we have to borrow it will be at a much higher interest rate. In parallel, the government and the trade unions have agreed that there will be no wage increase for the semi-government organizations for 2016. But for 2017-2018 the wage cost should not exceed the rate of increase of the nominal GDP. The issue of wage indexation (ATA) however, remains open for the trade unions which insist that consultations should go on for a final solution. It should be stated, however, that the rise of wages and salaries at the same rate as the increase of the nominal GDP, also includes ATA, i.e. the rise of prices. There would only be a problem of wage indexation if the rise in wages and salaries was in real terms. And even here the employees are not entitled to the whole of the increase in real GDP, since the increase emanates from two sources: the increase of productivity and the employment of more human, capital and natural resources. The employers are only entitled to the increase of productivity. Otherwise the competitiveness of Cyprus will be downgraded, and exports, investment and employment will fall. With regard to the wage indexation (ATA), besides Cyprus it is also offered only by Malta, Belgium and Luxembourg. But in all three countries wage indexation is only offered if the state of the economy justifies it and in any way the wage cost should not be rising at faster rate than the wage cost in competitive countries. By Dr. George Theocharides Associate Professor of Finance Director of MSc Financial Services Cyprus International Institute of Management (CIIM) I participated recently in an entrepreneurial educational field trip to Athens that is organized by CIIM’s Entrepreneurship and Innovation Center (ENTICE). This is part of a series of educational field trips that CIIM’s organizes every year (includes a second entrepreneurial field trip to Tel Aviv). The purpose of the trip was to visit various organizations (stakeholders) that makeup the entrepreneurial ecosystem in Greece as well as various successful startup companies and entrepreneurs. Given the current state of the Greek economy and the problems that it has been facing for many years, my expectations were very low. To my surprise though, I discovered that Greece (yes, Greece!) has a well-functioning entrepreneurial ecosystem that promotes and supports innovation and the creation of new businesses that are so vital for the country. Greece’s Entrepreneurial Ecosystem The programme included visits to institutional organisations promoting the creation of the entrepreneurship and innovation ecosystem (TANEO, PRAXI, Corallia Clusters Initiative), accelerator and co-working spaces (Egg, IQbility), innovation and entrepreneurship funding bodies (Attica Ventures, PJ Tech Catalyst), successful start-up and spin off companies (Pollfish, Covve, i-sieve and Apivita) and a half day of lectures at ALBA Graduate Business School. TANEO (Ταμείο Αανάπτυξης Νέας Οικονομίας) is a Greek statesponsored and privately funded, independently managed “fund of funds” that uses its funding to invest through venture capital funds in Greek start-up companies. PRAXI/HELP-FORWARD Network, on the other hand, is a national technology transfer organization that aims to transfer knowledge, promote innovation and entrepreneurship, and improve competitiveness of Greek companies by linking research institutions with the industry. Corallia Clusters Initiative is an organization that was established to develop and manage innovation clusters in specific sectors and regions of the country with the aim to establish a competitive advantage for the participating players. Egg (enter-grow-go) as well as IQbility are incubators/accelerators with the role to identify, incubate, and accelerate the development of high-potential start-ups in Greece. Attica Ventures and PJ Tech Catalyst are venture capital funds that draw their money either from private institutional investors (banks in this case) or from EU structural funds and their role is to identify, invest (finance) potentially successful start-ups by acquiring an equity stake in them with an exit plan usually in 5-7 years. Lessons for Cyprus We should draw lessons from the setup of the Greek entrepreneurial ecosystem (as well of course from the Israeli one). My humble opinion is that President Anastasiades should include it in his agenda (as another area of collaboration) during his current discussions with the GreekIsraeli Prime Ministers and ask for help and guidance. The statistics provided at the moment for Cyprus on innovation and entrepreneurship are not encouraging. According to a recent study by EY Cyprus (Innovation and Entrepreneurship Dynamics, September 2015), Cyprus was amongst two member states of the European Union that exhibited a declining innovation performance in 2014 (Innovation Union Scoreboard 2015), and has be reclassified downwards from “innovation follower” to “moderate innovator”. The level of our innovation index is now well below the EU average. Another interesting statistic in this report is the percentage of the country’s GDP that is used for Research and Development (R&D). For 2013, this is at 0.48% (or €86.1m in real terms), which is amongst the lowest rates in the EU. Reading the full report, I came to the conclusion that although there are some individual, scattered efforts from participating stakeholders (government, private organizations and networks, academic institutions, etc.) the effort must be coordinated and needs a greater support from the government and the business community. I should mention here that CIIM together with Bank of Cyprus has launched the IDEA programme (Innovate-Develop-Excel-Accomplish) last year to identify, support, incubate, and accelerate innovative start-ups with a global outlook. Many more of these efforts though are needed if we want our youth to enter this field and become entrepreneurs. Promoting innovation and entrepreneurship creates a more competitive environment, promotes growth, creates new jobs, and helps to increase the foreign direct investment in the country. Note: Originally published in Focus Magazine ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 35 Economy Cyprus in a Time Warp Our New Economic Model This Country has Potential! I was recently asked whether this country has the potential to look forward. It is without any doubt that Cypriot citizens have suffered a lot, some more than others, from the unprecedented economic crisis, which has evolved into a major institutional crisis, with negative consequences on the citizens’ trust towards the political system in general. By Savia Orphanidou Economist Nevertheless, I truly believe that this country has the potential of a prosperous future ahead. Cyprus has officially exited from the Memorandum of Understanding a few days ago. After three years of extensive efforts to stabilise our banking system, to reform our fiscal policy and to promote the necessary structural changes, Cyprus has entered a new era of positive growth rates, of fiscal surpluses and of sustainable public debt levels. The growth rate for 2015 is 1.6% of GDP with a projection of about 2% in 2016, the primary fiscal surplus for 2015 is around 2% of GDP, with a projection of a small fiscal surplus in 2016, and public debt levels are expected to drop below 100% of GDP in the next year. In other words, our public finances are back on track. This country has indeed potential. Because its citizens have shown enormous courage and dignity during the most crucial times of the crisis. Because Cypriots, for once more after 1974, have worked hard and with determination to achieve, slowly but steadily, another small economic miracle. It has certainly not been easy for anybody. However, Cypriots have chosen to place the public interest, instead of their own self interests, above all. ...Cyprus has entered a new era of positive growth rates, of fiscal surpluses and of sustainable public debt levels. 36 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 We do have potential in this country, as long as we have learnt from the mistakes of the past. With one important precondition, to continue with the implementation of this prudent economic policy, leaving fiscal deficits and mismanagement in the past. By showing the necessary political will to speed up the implementation of major structural changes in vital sectors, such as healthcare, public service and semi-government organisations. I truly believe that the road towards growth and development is without return. Not because we have exited the crisis and everything goes well. But because I am certain that we have the potential to change our mentality. To look forward, with a different way of thinking, for the benefit of Cyprus as a whole. This country has a very well-educated and hardworking human capital. It has an economy with strong areas of potential growth such as tourism, shipping, financial services and energy. Managing these areas of growth prudently, and especially our natural gas sector, can make Cyprus one of the biggest energy players in the eastern Mediterranean, and a significant business and economic bridge between Europe and the Middle East. Most importantly, Cyprus will have the biggest potential if we manage to solve the Cyprus problem and re-unite the island. A viable solution, which will safeguard the sustainability of the public finances, will show the way out to many today’s dead ends. The solution will safeguard our national survival and will lead to the speeding up of economic growth prospects and the re-engineering of our economy. It will create conditions of security and peace. Above all, it will create the opportunity to a better future not only for us but for our children. Yes, it is indeed true that this country has potential! And this potential lies in our hands! The Euro group “rescue” of Cyprus was an economic catastrophe with few equals. In the space of a few days the economy of this country was demolished and put on life support. Since then the country has made significant progress, surpassing the expectations of many, including the IMF. That still leaves the Cyprus economy a long way from anything which might be considered economic prosperity. Unemployment is unacceptably high. Much remains to be done. In the context of the necessary rebuilding there has been much talk of a new economic model. Indeed there was every reason to believe that along with the pain of the financial crisis, there was also an opportunity to start afresh. To develop new industries. To abandon much of the outmoded and arteriosclerotic customs and regulations of the pre- 2013 model. By Dr. Jim Leontiades Cyprus International Institute of Management But With the appearance of even the modest recovery the island now enjoys, many of the dinosaurs of the past are raising their heads, rushing to reassert destructive and outmoded practices. Consider the issue of shop opening hours. The current debate in parliament turns about the interests of large shop keepers versus small retailers. The interests of the general public do not even figure into the debate. Apparently, it does not occur to the majority of our parliamentarians that society has changed. The typical married couple is now one where both husband and wife are employed. During week days, most wives are at work. Allowing the stores to stay open on Sundays provides an enormous convenience for such families. But this gets little attention compared to organized self interest groups which can swing a few votes. Adding to this trend to re-establish the past is the prospect that the Troika may soon depart. Of course, it is not pleasant to have the country’s elected legislators subject to colonial style subservience. But it is increasingly obvious that whatever progress has been made toward a new economic model owes much to oversight and pressure from the Troika. Privatization of our national industries, bringing them into line with such measures taken many years ago by most of our European peer group was to be part of a new Cypriot economy. This has been fiercely opposed by the unions who have benefitted vastly from nationally owned industries. In an attempt to disguise their obvious selfinterest they refer to such companies as our “national wealth”. With the appearance of even the modest recovery the island now enjoys, many of the dinosaurs of the past are raising their heads, rushing to reassert Reaping the Returns of our National Wealth destructive and outmoded practices. Even though the government had agreed to the ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 37 Economy Cyprus Airways privatization of most of the country’s nationalized industries – there are now significant signs of backtracking. Under enormous pressure the government has buckled. It has announced that the Electricity Authority (EAC) will not be privatized as previously agreed. Similarly, the de- nationalization of Cyta has met with the same strong opposition. The government is vacillating. Its attempts to abide by its agreement to privatize have met with cries of outrage from the usual sources. Here again we hear the “national wealth” argument. What will happen to the profits which these industries contribute to the country? Examining the performance of this national wealth and its contributions to government is instructive. In 2014, the EAC generated 42 million euros of profit. This was accompanied by a bill to the government of 244.3 million euros to cover the shortfall in that company’s pension fund. Cyta is not far behind. According to reports, there is a 161.5 million euro deficiency in that company’s pension fund which, here again, the law requires the government to guarantee. It goes without saying that no such guarantee applies to the hundreds of pension funds which have been subject to the “haircut”. Let’s not forget that the government is now in the banking business. The Co-op Bank is the latest addition to our national wealth. Parliament has recently approved a donation by the taxpayer to that bank of 175 million euros to make up a recently discovered shortfall. These three nationalized industries alone require the taxpayer to pay 580 m. euros. This does not include the 1.4 billion that the government has agreed to pay as the purchase price for the Co-op bank. This bank already has more non-performing loans (relative to its size) than the large private banks. Now that the Co-op bank is in government ownership steady losses are almost guaranteed. 38 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 It was only a short while ago that the public was also told of the desperate need to save the country’s national air carrier, Cyprus Airways. Without a government controlled airline how would tourists reach the island? The government’s attempt to save the airline from bankruptcy by injecting 103 million euros was rejected by the European Union as a violation of its rules. Bankruptcy of the airline followed. Naturally the government is still on the hook for the shortfall plus generous pension and other benefits. Cyprus Airways is no more but tourist arrivals have actually increased as have the number of destinations served. Increased competition has lowered many air fares. With the anticipated departure of Troika, the rise of the special interest groups which have hampered the country’s development in the past, undermining the effectiveness of the island’s schools, health programs and industries are preparing for a return to business as usual. Their success indicates that much needed change will be hampered and even reversed. These groups will fight to maintain their privileges and outmoded practices. More often than not, they have succeeded. The danger is that Cyprus will eventually find itself in a time warp, a country in the 21st century with a 20th century economic model. Central bankers on the way to hell By Frixos Kyprianou Director Audit Department The latest of the increasingly desperate attempts made by central bankers to revive inflation and (they hope) economic growth is the imposition of negative interest rates. Since the 2008 collapse interest rates have been at record low levels and the printing presses have been running at full speed printing money, not only in Europe but around the world. However, the only effect has been to produce bubbles in the stock exchanges and in some property markets, with no perceptible improvement in the real economy. Governments have gone ever-deeper into debt but unemployment rates remain at near-record high levels in most countries. A few countries, such as the United States, appear to have succeeded in reducing unemployment, but on closer inspection the reduction is illusory, with most of the new jobs created being McJobs, offering low wages and no guaranteed hours of work. After the failure of zero interest rates and socalled quantitative easing, we are to be guinea pigs for a new miracle cure, which involves people being charged on their deposits instead of receiving interest. The big idea behind negative interest rates, according to their advocates, is that they will encourage people to spend money instead of saving, and so will kick-start stalled economies. What these people are forgetting is that the main reason people save in the first place is to supplement their pension and help them maintain a respectable standard of living during the retirement years when they will not be working and earning an income. In those seemingly far-off times when deposits were still paying interest people strove to save enough to create a complementary income in retirement. Now most people face penury in their old age. What is more, the policy is likely to fail in practical terms. In the short term, if people cannot rely on earning interest to supplement their pension the most likely outcome is that those who can afford to will save even more to make up for the lost income, achieving the exact opposite of what the central bankers hope for. Instead of reviving growth, negative interest rates will force people to save more (though not necessarily with the banks) and spend less, entrenching deflation and stifling growth. A further unintentional consequence of negative interest rates is the increased risk of bank failures. The central premise of negative interest rates is that commercial banks are charged interest on funds they deposit with the central bank. This is an additional cost for the commercial banks and they will have to decide whether to pass it on to their customers. If they do, people will be encouraged to withdraw the cash and hide it under the mattress, particularly now, when there is so little public confidence in banks as a safe place to keep money. If the banks decide not to pass on this cost their profits will be reduced, with a consequent effect on capital adequacy. Either way the policy risks creating a negative feedback loop that could force a run on the bank, slowly at first and at lightning speed later. Additionally there is a new lollipop politicians all over the world are currently licking, being the massive and ever-widening disparity between the wealthy few and the rest of us, and their plans to address this issue. Irrespective of the fact that they are completely missing the point with their plans, they are also not telling people the real reasons for this intolerable increase in the wealth gap and why the middle class is becoming a dying breed. It is a truism that banks prefer to lend money to people who already have plenty of it. Who is the better prospect from their point of view, the wealthy individual with useful contacts and security, or the average Joe who considers himself lucky if he can make his salary last until the end of the month, with no collateral to offer? When the central banks kill the value of money either by eliminating interest or printing new money, the only person who has access to these cheap funds is the rich one. The “haves” will become even richer as they borrow at low cost to invest, while the “have-nots” will have to try to survive on their salaries. Unfortunately the financial game is rigged against the average person for one more reason: governments desperately need inflation to reduce the real value of their own sovereign debt. All countries are so deep in debt that there is no way they will ever manage to reduce it to sustainable levels using the proceeds of taxation alone. Inflation is an alternative “stealth” way to tax people without them realising. Looking at the big picture, by destroying money’s role as a store of value, current central bank policies are punishing honest, hardworking people who follow a responsible approach to money management, and encouraging profligacy and financial irresponsibility. In the long run they are killing the middle class and risking social unrest. There is a good chance that being either a central banker or a politician will become a life threatening profession in the near future. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 39 Economy wages and other incomes should follow the increase of productivity, whereas prices should not increase unless there was an unavoidable increase of other elements of cost. In case of a decrease of the cost of these elements, prices should also decrease. A prices and incomes policy for Cyprus By Dr Iacovos Aristidou Ex Minister Ex Director General, Planning Bureau On the occasion of the exodus from the Memorandum and the impending submission of claims for pay increases and requests for the re-establishment of the system of automatic price adjustment of salary and wages, I thought it would be useful to present and analyze our experience so far on these subjects and the wider issue of a prices and incomes policy, which we tried to follow in the past. A prudent policy on these matters is required in order to secure uninterrupted growth of the economy and at the same time a more equitable distribution of income, two basic ingredients of a modern economic and social policy. During various periods of time, the economy faced destabilization tendencies, which were manifested in increasing inflation, widening of public finance deficit and the deficit of external current account. As a result of these developments, there was a recess in productive investment, slowing down of the rate of growth of production and productivity as well as increased Prices have been left altogether to the market forces, whereas wages, salaries and other incomes are been checked for many years now by the existence of so many unemployed, the shrinkage of economic activity and certain arbitrary Government decisions because of the recession. 40 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 unemployment. Thus, no wonder how we ended up in the huge public deficit and the very high public debt since the beginning of the new century. Things could have been definitely better if, among other things, a healthy prices and incomes policy had been adopted, under which the prices would have not followed the ups and downs of the market but only the unavoidable increases of the cost of production and the wages and salaries the increase of productivity and not the power of trade unions. It was before the invasion that we invited in Cyprus Aubrey Jones, the Chairman of the Council of Salaries, Prices and Incomes of the UK, for consultations. Prior to this there had been several attempts for the establishment of a similar council in Cyprus as well. A Ministerial Committee appointed a technical Sub-Committee to work out the terms of reference and functions of the proposed Council before the Employers’ and Workers’ Organizations were invited to exchange views and take final decisions. The Sub-Committee suggested, among other things, the strengthening and coordination of the Services that were involved in the two legs of the subject-matter, the Market and Prices Inspection Services of the Ministry of Commerce and Industry and the Industrial Relations Services of the Ministry of Labour and Social Insurance. At the same time it elaborated the general criteria for a correct prices and incomes policy: The increase of salaries, The above arrangements were utilized in order to face the new destabilization tendencies that appeared after the reactivation of the economy following the calamities of the invasion. The Economic Consultative Committee appointed in 1979 a new Sub-Committee with members representatives of Ministries, Employers’ and Employees’ Organizations, which tried in numerous, long meetings to formulate a mutually acceptable prices and incomes policy. Though such a policy was not achieved this time as well, the lengthy discussions that took place helped the sides to realize the dangers from the submission of irrational requests for pay increases as well as the unjustified increases of prices. The efforts were not made in vain at the end. During the coming years there was a considerable restrain both on the height of the submitted requests for pay increases, which in general were within the limits of overall productivity and the price increases, which followed more or less the increases of the other elements of cost. In parallel, the mechanisms for ensuring in practice a correct and just prices and incomes policy were strengthened. It was in this framework that our belief in the institution of free negotiations among social partners and the mechanisms for solving existing differences in accordance with the Code of Industrial Relations was re-assured, as well as to the need for exerting every effort to increase productivity, the need for combating monopolistic situations in the market of goods and services, as well as strengthening the mechanisms to follow up developments in these areas. It was on our initiative in this respect that the Government started assisting financially the newly established Pancyprian Association of Consumers. At various points of time the prices and incomes policy followed was criticized. For instance, the practice of paying the Automatic Price Adjustment was considered by the employers as inflationary since it ‘threw oil on the fire of increasing prices’. On the other hand, the employees’ side expressed the view that Automatic Price Adjustment was just a compensation for the loss of purchasing power and was given long after the event. If this method was not in existence, the claims at the renewal of collective agreements would have been much larger. The Council of Ministers under the late President Spyros Kyprianou appointed in 1987 an Investigation Committee in accordance with the Law on Labour Disputes (Conciliation, Mediation and Arbitration) in order to go through all aspects of Automatic Price Adjustment. Chairman of this Committee was appointed the future President of the Republic late Tassos Papadopoulos, whereas the Members were the late Andreas Patsalides, Minister of Finance, Markos Spanos, ex-Minister of Labour, George Vassiliou, future President of the Republic and myself. In its Report the Committee, having underlined the stabilizing role of APA in maintaining conditions of industrial peace, proceeded to suggest the beginning of ‘a dialogue between the social partners with a view to achieving an agreement on the form, the content, the way ADA should be calculated and paid’. And it concludes: ‘As a final conclusion, the Committee suggests the commencement of a dialogue among the social partners with a view to develop, adopt and apply an integrated incomes policy, which will inevitably include ADA’. The increase of salaries, wages and other incomes should follow the increase of productivity, whereas prices should not increase unless there was an unavoidable increase of other elements of cost. There were no concrete developments in this regard in the last few decades. On the contrary the efforts to develop and follow a healthy prices and incomes policy have been abandoned. Prices have been left altogether to the market forces, whereas wages, salaries and other incomes are been checked for many years now by the existence of so many unemployed, the shrinkage of economic activity and certain arbitrary Government decisions because of the recession. However, what will happen when, hopefully, the reactivation of the economy starts? In conclusion, I think there is a need to re-examine the subject of prices and incomes with a view to improving existing practices and undertake collective action before it is too late. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 41 Business Emerging Companies Market (ECM) of the Cyprus Stock Exchange (CSE) Cyprus Securities and Exchange Commission’s Directive on delisting from the Cyprus Stock Exchange Issuers’ obligations and the protection of shareholders By Demetra Kalogerou Cyprus Securities and Exchange Commission Chairman The Cyprus Securities and Exchange Commission (CySEC) has recently addressed an important gap in the smooth operation of the securities market through CSE Directive 01 of 2015 which regulates the Delisting of Securities from the Cyprus Stock Exchange (CSE) following an application by the issuer. The Directive came into force on publication in the Official Gazette of the Republic on 13 November 2015.Among others, it sets out the conditions under which such an application may be submitted, the procedure to be followed, as well as the issuer’s obligations towards its shareholders when requesting the delisting of its securities from the CSE. Simply put, the Directive sets out, for the first time, the legal framework enabling a company that so wishes to exit the stock exchange while safeguarding the best interests and rights of its shareholders. Conditions According to the Directive, an issuer whose securities are traded on a CSE regulated market for at least three consecutive years may submit an application to the CSE Board to delist its securities under the following circumstances: a.On completion of a squeeze out, according to the Takeover Bids Law, b.Where, upon making a takeover bid, the offeror has acquired over 90% of the total voting rights of the issuer and has notified in the offer document the intention to delist the securities, c.Where the issuer has acquired CySEC’s approval for its conversion to an Undertaking for Collective Investments in Transferable Securities (UCITS) or an Alternative Investment Fund (AIF), and, as part of the conversion, at least 75% of the company’s shareholders holding vot- ing rights at the General Meeting, pass a special resolution to delist the company’s securities, d.Where at least 90% of the company’s shareholders holding voting rights at the General Meeting pass a resolution to delist the company’s securities. Issuer obligations towards shareholders In relation to the latter (point d), it is a prerequisite for the issuer: i. to give shareholders 21 days’ notice of the General Meeting, 11. to forward together with the notice, a Memorandum including all information required for shareholders to reach an informed decision at the General Assembly, In order for the rights of shareholders to be safeguarded, the Memorandum must include, among others, the reasons for the securities’ delisting, the advantages and/or risks that may arise from the delisting, as well as a statement made by the issuer’s Board of Directors as to whether, in its opinion, the delisting is to the benefit of all shareholders. Additionally, in order to confer an exit right to the issuer’s shareholders, the Memorandum must include a Proposal to shareholders not voting for the delisting, for the buy-out (in cash), by the issuer and/or any other legal or natural person, of their holding percentage at a price determined either by the average closing price over the last 12 months of trading or by the net asset value per share in accordance with the latest published audited financial statements of the issuer, whichever is higher. *This article is not a legal document. The complete text of the Directive is available on the CySEC website at: http://www.cysec.gov.cy/CMSPages/ GetFile.aspx?guid=60c565cb-4ed6-4c9f-9480-74b6c23586ab 42 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 By Eliza Stasopoulou Officer Α’ at the Cyprus Stock Exchange The Emerging Companies Market (E.C.M) of the Cyprus Stock Exchange (CSE) was launched in March 2010. for the economic environment in general, eg for banks, investment firms, auditors, lawyers, nominated advisors, analysts etc. The E.C.M. Market is considered as a Multilateral Trading Facility (MTF) according to the markets in Financial Instruments Directive (MIFID Directive). It is based on simplified listing requirements and fast - flexible listing procedures (e.g. on - line application, immediate response etc.). The E.C.M. operates according to the Regulatory Decisions of the Council of the CSE. This listing fees are very low and competitive in relation to similar markets abroad. In this market there is also the possibility of listing newly established issuers, start-ups (under conditions). The market transactions are carried out with the same methodology as in the Regulated Market, using the existing electronic trading system of the Cyprus Stock Exchange. Companies listed on the ECM also enjoy the advantages of the tax regime in Cyprus, which can be exploited by issuers and investors such as non-payment of tax on capital gains, elimination of sales tax (from 2.1.14) etc. In the E.C.M Market, the titles of 26 companies have been listed with a wide range of activities - Trade, Development of new projects, Golf Resorts, Insurance companies, Consulting Services, Hydrocarbons etc. Out of the 26 listed companies 21 of them are from Cyprus, two are from Greece, one is from Malta and two from United Kingdom. Most of the Cyprus companies are of foreign interests with shareholders from abroad such as from Greece (5), Israel (1), Asia (4) etc. In this market 8 corporate bonds are also traded with issuers from the United Kingdom and Cyprus. In addition, 15 companies from United Kingdom listed their titles on the ECM of the Cyprus Stock Exchange, within the procedure of parallel listing. The total market capitalization of the ECM is around €1.053.909.715. Companies listed on the ECM of the CSE have a number of advantages such as the facility of a price setting mechanism for titles, the ability to raise capital and easy access to the secondary market (direct funding and fund raising), increased company visibility/ recognition, the ability to pledge securities and the ability to execute acquisitions. In the ECM market 49 Nominated Advisors are registered: 9 of these are Cyprus Investment Firms, 18 Audit Firms, 17 Law Firms, 3 ASPs (Administrative Services Providers) and two Nominated Advisors from a member state. A considerable number of Nominated Advisors are examining the listing of companies interested to list on the ECM. These companies are either from Cyprus or abroad, focusing mainly on new business and innovation sectors. This perspective has broader positive implications as it provides added value to the listed companies and the Cyprus economy, in general. During 2016, ten companies listed their titles on the ECM. These are: INTRAWARE INVESTMENTS PUBLIC LTD, VONPENDE HOLDINGS PLC, SNP SOUTHEAST NETWORK PUBLIC LTD, YUMCHAA HOLDINGS PLC (SHARES AND BONDS 2022), D& S ANASTAPOULOS SA, BELYRIAN HOLDINGS LTD (BONDS), EULER INVESTMENTS LONDON PLC (Bonds 2021), ALL SAINTS COMMERCIAL PLC (Bonds 2023), JUST BRIDGING LOANS PLC (Bonds 2020) and SILEX (UK) PLC. Finally, four companies have filed an application for listing their titles on the ECM of the Cyprus Stock Exchange. These are: NETinfo PLC, LENORCA CORPORATION PUBLIC COMPANY LTD, Κ. KOYIMTZIS SA. OPTIMA WORLDWIDE GROUP PLC. The ECM offers new investment opportunities for investors with possibly higher risk potential for investments and new business opportunities ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 43 Business The professional services sector in 2016 The professional services sector demonstrated resilience through the economic crisis and contributed to the positive growth rates in the Cypriot economy in the 1st quarter of 2015, the first after fourteen quarters. Certainly, challenges remain, as competition and investors’ demands are increasing and becoming more complex. For this reason continuous effort is required for the improvement of the quality of services provided and the reinforcement of the products offered. By Angelos Gregoriades, Chairman, KPMG Limited In 2015, with the cooperation of all the professional services sectors, the Ministry of Finance and the House of Representatives, implemented two packages of tax measures, which are expected to increase Cyprus’ competitiveness. Moreover, many treaties for the avoidance of double taxation have been concluded, (including the renegotiation of treaties already in force or the enactment of new treaties), while the treaties’ network is expected to be further enhanced in 2016. The rate of registration of new companies is increasing, a trend which is expected to continue in 2016. This is due to the gradual regain of investors’ trust in the Cypriot economy and the stabilization of the financial system. The upgrading of the Cypriot economy by credit rating agencies, in combination with the significant improvement of fiscal rates and the positive evaluations of the economic adjustment programme, support the efforts of the sector’s professionals in order to attract investments and establish Cyprus as a financial services centre. Beyond the provision of tax and audit services, the sector’s professionals continuously reinforce the quality but also the types of services offered. In 2016 we expect an increase in services relating to the restructuring of credit facilities and the credit system, the laws of the insolvency framework, companies’ administration, feasibility studies, business plans and optimum funding ways. Moreover, the completion of the institutional 44 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 framework and the tax incentives which have been implemented in relation to collective investments undertakings (funds), predict a positive horizon in 2016. The purpose is to render Cyprus as a powerful centre for the licensing and establishment of such undertakings, as well as their managers. It is important to note that the professional services sector has effectively contributed to the efforts made in other sectors of the economy, such as shipping, tourism, construction, research and innovation as well as start-ups, in order to steer the Cyprus economy towards the path of recovery. The following year is expected to be especially important as far as the energy sector is concerned, bearing in mind the expected developments in relation to the natural gas reserves in the Cyprus Exclusive Economic Zone (EEZ). One of the biggest challenges of this year is the implementation of the Standard for Automatic Exchange of Financial Account Information (Common Reporting Standard) of the Organisation for Economic Co-operation and Development (OECD). It is imperative as the systems and procedures of the financial services providers are ready to properly implement the provisions of the Common Reporting Standard. This of course involves increased administrative costs, as well as the proper collaboration between all professional sectors, bodies and the Tax Department. 2016 is expected to be an important year, not only for the course of the financial services sector but also of the Cypriot economy. In order for Cyprus to be an attractive and strong business centre and for citizens to have at their disposal high quality services, properly addressing the completion of the economic adjustment programme should constitute a priority, with efforts being made to continue with the implementation of necessary reforms. Services Sector: The backbone of the Cypriot Economy 2015 was a milestone year for Cyprus, during which a number of important initiatives were taken for the enhancement of the services sector, with a view to accommodating the broad range and type of services requested by foreign investors and businesspeople. By Marios A. Klitou Chief Executive Officer Baker Tilly South East Europe Recent developments such as expected antitreaty abuse provisions to be introduced under the BEPS initiatives, limitation of benefits provisions in double tax treaties, enhanced exchange of information requirements and substance considerations, are rapidly changing the international business terrain. Cyprus must also transform its landscape swiftly and effectively in order to respond to the changing needs of the business world. During 2015, there was further development of services related to securing a residence permit in Cyprus and Cypriot citizenship. A careful approach is needed in regards to this market in order to encourage people who choose Cyprus as their country of residence to also consider moving the headquarters of their business to the island. Another important development in the prior year was the marked increase of interest by Greek shipping companies in transferring their management to Cyprus. In order to ensure that this important opportunity for Cyprus is duly addressed, the authorities must proactively simplify the procedures relevant to the activities of these companies so that we can attract and keep them on the island. The correct implementation of recent legislation aimed at improving the operation of the banking sector is key in ensuring that Cyprus can fully regain its credibility as a business centre and compete with other major business centres in Europe and worldwide. Certainly, there is no more room for further disruptions, as any further adverse developments could prove disastrous for the future of the services sector and the Cypriot economy in general. It is also worth noting that Cyprus continues to be one of the main destinations for Russian entrepreneurs. Efforts are also being made to strengthen relations between Cyprus and Ukraine (including the recent visit of the President to Kiev), indicating that the close and successful cooperation between Cyprus, Russia and Ukraine, is likely to continue. I would also like to comment on developments in the Middle East and the broader region. Political stability in Cyprus provides the island with the opportunity to form a bridge between these countries and the European Union, an important advantage which could be of great significance in the coming months and years. Negotiations for the solution of the Cyprus problem are also encouraging. Without expressing an opinion on the political dimension, it is important to note that a possible solution of the Cyprus problem would act as a catalyst in the further expansion of the service sector and the economy. I hope that the efforts of the Under Secretary to the President, Mr. Constantinos Petrides, in combination with the continuous efforts of CIPA and the significant contribution of the President of the Republic, will bear fruit, cutting through the red tape and improving the quality of services provided to investors. Together with the important role of our strong professional sector, this will enable the service industry to expand and the Cypriot economy to grow. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 45 Business From the ‘camel curve’ to the ‘duck curve’ on electric systems with increasing solar power The ‘duck curve’ refers to the effect that solar power has on demand for utility electricity. Thus, all interested parties involved in solar energy should know about the ‘duck curve’ effect. By Dr. Andreas Poullikkas Chairman Cyprus Energy Regulatory Authority For many, many decades, demand for electricity followed a fairly predictable daily profile, allowing utility grid managers to become experts at predicting and satisfying it. The addition of large amounts of solar power to the grid promises to fundamentally change the shape of that daily demand profile, in ways that make grid operators looking a lot different from old-fashioned load. With lots of solar power, load curves start looking like a ‘duck curve’. As solar power penetration increases, things are changing. Demand is suppressed more during the day, when the sun is up. And year by year when solar power penetration increases we expect the effect to become more and more pronounced, until the load curve starts looking like a ‘duck curve’ as illustrated in Figure 2. work difficult about maintaining power and reliability. In particular, electricity demand used to have a predictable, manageable shape (namely the ‘camel curve’) as shown in Figure 1. Demand for electricity varies throughout the day, but it does so in fairly predictable ways. It rises in the morning to a little hump before noon, levels out over midday, and then rises to a higher hump in the evening, when everyone gets home from work and turns on their TVs and stoves. Figure 2: The ‘duck curve’ effect Figure 1: The ‘camel curve’ effect If you squint, you can kind of see a camel’s back, with its hump. The exact shape of this curve varies from place to place and season to season, obviously. In some times and places the humps are more pronounced; in temperate climates, with less heating and cooling demand, they’re a little flatter. But in most cases, load curves share a few key characteristics. There are two daily humps. Demand never gets too high or too low, meaning it stays within a reasonably manageable range. And the ramp-ups and ramp-downs of demand are fairly gradual. For near a century, that’s the demand utilities met, and they got really good at it. For that baseline amount of energy that’s always needed, namely the base load, they run big power plants, usually steam turbines, around the clock. These plants are typically slow (and expensive) to start or stop, but cheap once they are running. Then there’s intermediate load, with the nextcheapest tier of power plants, and at the top of that second hump, peak load, satisfied by (usually gas turbines) peaker plants that are expensive to run but easy to ramp up and down quickly. 46 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 It all worked out fine until wind power and solar power came along. They do different things to the load curve, though, in this article we’re focusing on solar power. The thing about solar power is you can’t schedule it like you can a power plant. The sun shines when the sun shines, typically from morning to mid-afternoon. When the sun is out and a customer’s solar panel’s are generating energy, that customer is using less of the energy put on the grid by the utility. In other words, from the grid operator’s point of view, solar energy doesn’t look like a power plant at all, which are controllable, or «dispatchable», but it looks like a reduction in demand. It’s a reduction in demand for the power supplied by the grid operator’s power plants, a somewhat predictable reduction, but not a controllable one. So now grid operators no longer have to supply total demand. They have to supply total demand minus solar power. Total load minus solar power is known a «net load.» That’s the new target utilities have to hit. And when solar power starts getting big, net load starts One notable thing about the ‘duck curve’ effect is that it wreaks havoc on the revenue of power producers and utilities. That gives them every reason to exaggerate its inevitability and its danger. From the point of view of the grid operator, worries about the ‘duck curve’ are threefold: Steep, tall ramps: the ramps, those times when net load is rising or falling, no longer look like the gentle slope of a camel’s hump. They get steep and tall (like a duck’s belly) and relatively quick. That means grid operators are forced to take a bunch of power plants offline, or put a bunch online, rapidly. What’s especially unfortunate is that the sun tends to go down just before the evening peak of demand, which means net load goes from very low to very high, very quickly, and then down low again. Grid operators don’t like steep ramps. It is expensive and highly polluting to turn a bunch of plants down (or off) and then put them back up again all at once. It also makes voltage and frequency management more difficult. Steam turbines are not good in this role, as they are slow to ramp. For the most part, for fastresponding power plants, utilities turn to gas turbines. So enough conventional capacity to supply the evening peak is required, but for most of the midday, it doesn’t need any of it. That amounts to a lot of conventional plants sitting around a lot of the time, with low capacity factors, but being ramped up and down frequently, increasing operating and maintenance costs. Overgeneration and curtailment: when the duck gets really fat, its belly starts hanging closer to the bottom of the chart, net load gets closer and closer to zero around midday. That means all the peaker plants get shut down, all the intermediate plants get shut down, and some of the base load plants start to get ramped down too. And then a few hours later, they all get ramped back up. For one thing, that’s expensive. For another, grids need a certain amount of reserve power online at all times as a buffer in case of accident or disruption. If so much solar power comes online that it starts to eat into those reserves, solar power will be curtailed, i.e., the grid will stop accepting it. For example, in Hawaii, where 10 percent of customers have rooftop solar, the duck’s belly has hit bottom a few times with a negative net load, which can affect system voltage and stability. In Hawaii, the duck’s belly is so low, and the ramp up to its head so high, they’ve started calling it the «Nessie curve,» after the Loch Ness Monster. These worries have led Hawaiian authorities to pull back on solar power and institute new interconnection standards since currently the grid has no communication with most of those solar panels and no ability to control or predict them. Frequency response: for stability, the grid must closely balance supply and demand, second by second. Frequency is maintained at around 50Hz. In case of a sudden disruption, unexpected loss of a power plant, transmission line, or large load, the grid needs resources capable of ramping up or down quickly to compensate. This is done by automated frequency response systems, usually on conventional power plants. If solar starts shutting down all those plants in the middle of the day, the grid loses those resources, and with it some stability. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 47 Business Ways to Boost Competitiveness in Europe: Engino Case By Dr Olga Kandinskaia, Assistant Professor of Finance and Director of MSc Management at Cyprus International Institute of Management (CIIM) There has been evidence in the last four years suggesting that many U.S. companies are bringing manufacturing back to the U.S. This growing trend is expected to boost the competitiveness of the U.S. economy and help it grow out of its debt. As Europe is currently looking for ways to boost its competitiveness as the best remedy to solve its financial problems, there is clearly a need for extensive research to investigate if similar trends take place in European companies and the extent to which such strategic moves are financially justified. Being able effectively identify financially viable capital projects will allow to channel government funding for supporting innovative SMEs with high growth potential, and thus will put the European economy on the path of recovery. Being an academic at CIIM, a business school which is very actively involved with the business sector in Cyprus, I have come across an interesting local example of a small company which in times of crisis made a very unorthodox decision of moving its manufacturing to Cyprus. The company’s name is Engino. It is an export-oriented SME producing construction toys of its own unique design. The company has been investing heavily in R&D to develop a high-quality innovative product. During 2007-2011 the company outsourced the manufacturing in China. At the end of 2011, the owner Costas Sisamos made a strategic decision of starting his own manufacturing in Cyprus. The case of Engino has been noted and appreciated at the international level: the case was recently published by the Business Case Journal of the Society for Case Research in the U.S.1 BCG Report: China Is No Longer a Default Manufacturing Destination In August 2011 the Boston Consulting Group published its first “Made in America” report2, in which it concluded that China’s overwhelming manufacturing cost advantage over the U.S. is shrinking fast. Within five years, as the report said, “rising Chinese wages, higher U.S. productivity, a weaker dollar, and other factors will virtually close the cost gap between the U.S. and China for many goods consumed in North America.” The BCG recommendation was that companies should undertake a rigorous, product-by-product analysis of their global supply networks in order to carefully assess their total costs. They went on saying that for many products sold in North America, the U.S. will be- come a more attractive manufacturing option. The second BCG “Made in America” report came out in March 20123. Its main conclusions were that “seven groups of industries are nearing the point at which rising costs in China could prompt more companies to shift the manufacture of many goods consumed in the U.S. back to the U.S.” This shift could create 2 to 3 million jobs, lower unemployment by 1.5 to 2 percentage points, and add around $100 billion in annual output to the U.S. economy. Most of the evidence of the “shift” has come so far from U.S. companies, with only a few examples from companies in Europe. The BCG analysts have cautiously concluded that Europe is a different story from the U.S. – yet Engino case demonstrates the opposite. It seems that similar trends are beginning among European companies, even among SMEs, and these trends need to be noticed and supported in appropriate ways by the European governments. Government Support for SMEs The government’s role should be of strong support to capital projects of SMEs which have potential to create value in the economy. Unlike large companies, SMEs need such support, and there should be a clear framework how to identify such projects and a defined policy for appropriate support. Engino moved out of China three years ago for reasons very similar to the ones listed in the BCG reports for U.S. companies. It was a remarkably brave strategic move. Against many odds, the decision has already brought positive results proving that innovation and manufacturing have place in Cyprus. Engino’s case is an illustration of a type of SME which is a worthy recipient of government funds. Such investments will generate high returns in the future and will create value for European firms, thus helping the European economy to recover from the crisis. The problem of the massive debt load, which caused the current European financial crisis, is best solved via the economy growth rather than by austerity measures only. Call for Cases CIIM is looking to gather other positive examples from local companies. In times of crisis, we should bring to attention the good practices. Engino case is the first case of a positive story of a company from Cyprus published in a prestigious international academic journal. Is it time to re-think how we project the image of Cyprus? 1. Kandinskaia, O. (2015). ENGINO Toys: Staying in China or Moving to Europe? Business Case Journal of the Society For Case Research, Summer 2015, Volume 23, Issue 2, pp. 6-16 (a US top journal for cases, acceptance rate 10%) 2. Sirkin, H.L., Zinser, M., Hohner, D. (2011). Made in America, Again: Why Manufacturing Will Return to the U.S. BCG Focus, August 2011. 3. Sirkin, H.L., Zinser, M., Hohner, D., Rose, J. (2012). U.S. Manufacturing Nears the Tipping Point: Which Industries, Why, and How much? BCG Focus March 2012. 48 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Don’t just see potential – see it realised. To make confident decisions about the future, an entrepreneurial, growing business needs a different kind of adviser. One who starts by understanding where you want to go and then brings the ideas and insights of an experienced global team to help get you there. We are excited to announce that RSM Cyprus is now called RSM. Together with our fellow RSM firms, we have united under one name – RSM. Experience the power of being understood. Experience RSM. rsm.global/cyprus 8 Katsoni Street, 1082 Nicosia, Cyprus T +357 22 751140 | F +357 22 751145 | E [email protected] NICOSIA · ATHENS · THESSALONIKI RSM Cyprus Ltd is a member of the RSM network and trades as RSM. RSM is the trading name used by the members of the RSM network. Each member of the RSM network is an independent accounting and consulting firm each of which practices in its own right. The RSM network is not itself a separate legal entity of any description in any jurisdiction. The RSM network is administered by RSM International Limited, a company registered in England and Wales (company number 4040598) whose registered office is at 11 Old Jewry, London EC2R 8DU. The brand and trademark RSM and other intellectual property rights used by members of the network are owned by RSM International Association, an association governed by article 60 et seq of the Civil Code of Switzerland whose seat is in Zug. Business How U.S. Presidential Elections Affect Equity Market Performance By Antypas Asfour, CFA, CMT, CAIA, PRM Strategic Management and Business Ethics Lecturer at the Cyprus Institute of Marketing With the 2016 U.S. Presidential election campaign well underway this is an opportune time to explore the relationship between the four-year U.S. presidential cycle and the stock market. Yale Hirsch is thought to have first made the connection between the two, adapting Wesley Mitchell’s 40-month cycle theory. Writing in the Stock Trader’s Almanac in 2004, Hirsch noted that “Presidential elections every four years have a profound impact on the economy and the stock market. Wars, recessions and bear markets tend to start or occur in the first half of the term and bull markets, in the latter half”. In terms of stock market performance from 1832 to 2004, this translated in a total net market gain of 557% for the last two years of each administration compared to just an 81% gain for the first two years of these administrations. Consequently, the average gain for each of the latter two years of each four year cycle was 13.6%, with an only 2.0% gain for each of the first two years. With this in mind, the election year pattern posits that year two offers the most opportune buying points and late in year four the optimal selling point as can be seen in Figure 1. final two years of George Bush’s second term in 2007-2008 also bears no resemblance to the averages in Figure 2. The underperforming market during Bush’s final two years was followed by Barak Obama’s strong returns in his first two years in office, contrary to what the pattern would suggest. However, notwithstand- ing the election years’ strong average performance, election years, as was 2008 and is this year, tend to be more volatile as parties debate and uncertainty spikes, with this uncertainty becoming even more prominent and adversely affecting returns when two-term presidents are to depart. Figure 2: Annual Performance of S&P 500 throughout the Presidential Cycle (1900 – 2010) Figure 1: S&P 500 Performance and US Presidential Administrations Source: Haver Analytics, CIRA – US Equity Strategy Republican versus Democrat Source: BofA Merrill Lynch Global Investment Strategy, Bloomberg A case of causality In light of this apparent correlation, which comes into conflict with the random walk theory, it is worth assessing the possible causal links between politics and the stock market. Pre-election fiscal policy actions, such as changes in taxation and government spending, by the incumbent party seeking to be re-elected boost the economy, as do pre-election promises which create a sense of euphoria amongst voters and investors. Conversely, newly-elected presidents can proceed with the implementation of less-populist, austere, longer-term policies without yet distressing about being re-elected. A lost cause? Having identified possible causation behind 50 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 the election year pattern, it is important to note certain caveats. Of the latter two years of each administration, the third year or the pre-election year of the cycle is on average the best performing year for the stock market as shown in Figure 2. However, this was not the case last year in 2015 when both Dow and S&P 500 ended the year lower, albeit marginally, significantly underperforming relative to 2013 and 2014, the first two years of the cycle. In fact, 2015 was the first pre-election year the Dow Jones Industrial Average had a loss since 1939, when Germany invaded Poland with Britain and France declaring war on Germany. For S&P 500 it was the second losing pre-election year since 1939 as the index was down 0.003% in 2011. The stock market’s performance in the Although numerous studies have been conducted to compare the performance of the stock market under a Democratic and under a Republican administration, conclusions vary. According to one of the most cited papers by Santa-Clara and Valkanov in the Journal of Finance in 2003, “excess return in the stock market is higher under Democratic than Republican presidencies: 9 percent for the value-weighted and 16 percent for the equal-weighted portfolio”. However, in a 2004 paper by Campbell and Li, two Federal Reserve economists, who adjusted for market volatility and extended the sample period found that the 9% higher return dropped to 4%, concluding that “neither risk nor return varies significantly across the presidential cycle”. What is probably more important and meaningful for investors is to assess the economic proposals of candidates. Proposals aimed at making U.S. corporate tax rates more competitive or regulation less burdensome would be bullish for markets. No free lunch Investors looking to capitalise on the presidential cycle should remember that campaigns and elections do not occur in a vacuum. Any investing, irrespective of the underlying motivation, should be done with prudence following thorough analysis or with the help of a qualified professional. There are a myriad of factors that drive markets from monetary policies and international competitiveness to wars and black swan events such as natural disasters. Monetary policy in particular has been the predominant driver following the financial crisis and is expected to continue to be so in the foreseeable future. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 51 Business competitive, and if the current wall of capital recedes, there will be an even stronger focus on underlying market fundamentals, active asset management and operational skills.” According to the report, the five leading cities for investment prospects in 2016 are Berlin at the top spot, followed by Hamburg, Dublin, Madrid and Copenhagen. Many interviewees expect the German capital to thrive well beyond 2016, based on its young population and its growing reputation as a technology and cultural centre, as well as the land available for development. Notably, London has slipped from the top ten, suggesting that investors are seeing better growth prospects in regional UK and European cities in the short term. In the long term, however, the UK capital remains the first choice in Europe for many international investors focused on wealth preservation with liquidity and the scale of the market, together with relatively robust economic performance. Amidst continued strong capital flows in Europe, the Real Estate industry focuses on contending with disruptive forces and meeting the needs of occupiers Rapidly changing demands of occupiers and the disruptive forces of technology, demographics, social change, and rapid urbanisation are permeating the European real estate value chain, according to Emerging Trends in Real Estate® Europe 2016: Beyond the Capital, a forecast published jointly by the Urban Land Institute (ULI) and PwC. By Tasos N Nolas Partner Assurance PwC Cyprus and Anna G Loizou Partner Assurance PwC Cyprus 52 These ground-level disruptions have led to investors focusing on cities and assets rather than countries. This is also visible in investors demonstrating more interest in alternative, operational sectors that have benefited from rapid urbanisation and demographic shifts, such as healthcare, hotels, student accommodation and data centres. 41 percent of survey respondents would consider investing in alternative sectors, compared to just 28 percent in last year’s survey. The high street retail and logistics sectors, which have benefited from technological advances and improving economic conditions, are also predicted to fare well in 2016. Development is also expected to create value in 2016, with 78 percent of respondents citing development as an attractive way to acquire prime assets. More progressive developers and investors are innovating in an attempt to ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 meet the needs of increasingly informed and demanding occupiers. The property developers, investors and operators leading the pack are paying more attention to the role the physical workplace plays in talent management and workplace productivity. “Investors are getting more creative in trying to access future prime assets at reasonable prices through more focus on alternatives and development,” said ULI Europe CEO Lisette van Doorn. “They take more risk on the short term to fulfil their long term objective for core assets. At the same time, more and more players in the real estate industry are starting to address the needs of occupiers, who are seeking harmony between their workplaces and their lifestyle needs. Some of the industry’s biggest challenges right now are how to become less about brick and mortar and more about service and the implications this may have for the traditional business models of real estate operators.” “Low interest rates, and the weight of capital bearing down on European real estate, mean that most remain bullish about the industry’s business prospects in 2016” said PwC director Gareth Lewis. “But they acknowledge that the global field for real estate is increasingly Top Investment Markets for 2016 The top five European real estate investment markets in 2016 are predicted to be: 1. Berlin Maintaining last year’s number one position, Germany’s capital tops the table for both investment and development prospects in 2016. An influx of the creative industry and the technology sector has led to the strongest office uptake the city has ever seen. A young, international and diverse employee base and a lower cost of living have also driven the city’s progress. Berlin’s status as a cultural centre and a trendy location has boosted housing and retail prospects as well. 2. Hamburg Hamburg, which has taken the second spot from Dublin, has proven a dynamic city that responds to the needs of future occupiers. The city boasts a diverse occupier base, with demand for offices coming from the media, business services, and trade sectors, including many SMEs. 3. Dublin While Dublin is still attracting plenty of capital, the consensus among interviewees is that the Irish capital has already reached its peak for opportunistic returns. Those who have already invested in the city or who choose to invest in the very near term are likely to see the highest total returns. Dublin offices are expected to see rental growth, but the demand for increased office space is unlikely to be satisfied for several years. 4. Madrid As the Spanish economy has improved, both institutional and opportunistic investors have flocked to Madrid. The city was Europe’s fifth most active real estate market in the four quarters ending Q3 2015. However, the city’s rising prices and sub-4 percent prime office yields could deter investors in 2016. 5. Copenhagen Once considered a distressed market, Copenhagen is now noteworthy for its investment opportunities. The Danish capital has seen development in the biotech sector, which has created an environment of strong intellectual capital. The city’s office vacancy rate has been contained, in part due to strong office-to-residential conversion activity. While yields are being compressed, many of those surveyed still consider Denmark an attractive market for office, retail and residential. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 53 Business The European Union, a Reality and an Opportunity for Chartered accountants and their clients Over time and through its evolution the European Union has increasingly become the new area for the development of Chartered accountants’ activities. It affects and alters their professional lives as well as that of their firms and more generally how the profession of chartered accountant functions in France and in other European Member States. How do we understand the evolution of a regulated profession following the establishment of European directives impacting it ? How do we best advantage and accompany our clients in this new economic area? The construction of the European project has been long and winding, born long before the middle of the 20th century1 but which only actually materialized after the World War II. The influence of the European Union, with its motto “United in Diversity”, has never been so influential on our professional or personal life, than since introduction and adoption of the Euro currency on 1 January 2002. By Stefan Petrovski * The European Union (EU) is the first economic power in the world, ahead of the United States, China and Japan, with a 2014 GDP of 13 900 billion constant Euros. Five European member states (Germany, United Kingdom, France, Italy and Spain) are responsible for 71.4% of the EU’s GDP2. Despite this, the European Union is in the midst of an internal crisis marked by a rise of Euroscepticism during the 2014 European election campaigns where the EU often served as a scapegoat for this crisis. The implementation of the “Services”, “Recognition of professional qualifications”, “Accounting” EU Directives3 and their transpositions into French law, have altered the regulatory landscape of French chartered accountants. Should this be a source of concern or of opportunity? Chartered accountants have chosen. The impacts of EU legislation are negative and positive for Chartered accountants. On one hand, they may feel competition from other European chartered accountants following the recognition of European diplomas and the opening of their firms to outside capital funding. This competition can cause a decrease in the rates of services provided to clients and an increased concentration of firms at the expense of smaller firms. However at the same time, with this new European market, they may develop their activities, leave the country, increase their professional mobility and become more intellectually and culturally diverse, and notably be able to develop EU wide based firms or networks. This European opening allows the profession to diversify in order to better adapt to the globalized economy of the 21st century. Small and medium-sized companies constitute the majority of Chartered accountant’s clients in the 28 EU member states. In 2013, the majority, 99.8%, of the companies were in the non-finance sector of the market economy, representing 21.6 million companies. They employed 66.8% of European employees, i.e. 88.8 million people and contributed to 58.1% of value added at factor cost, or 3 666 billion Euros (28% of EU GDP). To offer the best assistance and services to clients in the EU, some adaptations are necessary and desirable, among them: strengthening or learning other European languages and having a computer and digital ecosystem that resembles that of the clients and their markets. In fact, digital technology has abolished European borders and distances. Now is the time to seize this opportunity! The combination of effective and inexpensive communication systems and easy air and train transportation, make affluent and good European markets more and more accessible to professionals. Thus, the major and “only” obstacles seeming to block Chartered accountants from servicing SMEs in the EU are : social law, tax law, national languages and psychological barriers which are all surmountable as long as accounting professionals are motivated, have confidence in their ability to open up to others, and view the European Union as our common living space and national territory. Once these barriers are overcome, everything becomes simple and possible: Let’s go! And thus, a French company that sells in Germany will no longer be “exporting” but simply trading! But one last question arises: How can we conceive of serving a client in the European Union, a Union which actually puts into question its very founding principles ? 1 Victor Hugo, during a speech given on 21 August 1849 at International Congress in Paris, used for the first time the expression “United States of Europe” and pushed for European States to unite their power 2 Source : EUROSTAT 3 EU Directives n° 2006/123/EC of 12/12/06, n° 2013/55/EU of 20/11/13 and n° 2013/34/EU of 26/06/13 54 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Sustaining a competitive development in tourism The buzz word of tourism for many destinations is sustainability; this is the new approach that will disperse all the negative aspects arising from further development and, at the same time, will satisfy the rigorous neo-tourist demands. The wider notion of sustainability is defined as the: By Dr Sotiroula Liasidou Lecturer Cyprus University of Technology Faculty of Management and Economics – Department of Hotel and Tourism Management ‘…development that meets the needs of the present without compromising the ability of future generations to meet their own needs (World Commission on Environment and Development, (Brundtland Commission), 1987, Our Common Future, Oxford University Press, Oxford, United Kingdom). Sustainable tourism is an alternative to mass tourism, and includes a more pragmatic approach of diversified activities with the development of ecotourism, green tourism, agro tourism, cycling or mountain climbing, and farm tourism. Alternative tourism coincides with the end of mass tourism and, at the same time, concentrates on three pillars of develop- ment, namely, economic, social and environmental. More specifically, in an island context, in which tourism is a key element of economic viability because of the lack of any other resource for exploitation and income generation, uncontrolled tourism development has many negative effects on the environment, economy and social life. Concurrently, sustainable tourism can be considered synonymous with a well-planned tourism strategy and diversification of the tourism product, as well as the means to minimise all the negative impacts that emanate from the tourism industry. This paper aims to describe sustainable approaches that can make the tourism industry more competitive. Alarming signals from the environment, and ever-increasing consumer demands, are some of the stimuli that push tourism enterprises towards the adaptation of new and innovative environmental business practices. This has a dual effect, firstly, on the protection of the environment and, secondly, on finding ways to satisfy the tourist who is looking for new experiences. Sustainability encompasses the issue of innovation that includes approaches focusing on value and quality in business practices and service delivery. In addition to this, innovaACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 55 Business The appearance of ‘green hotels’ and the focus of the airlines on environmental preservation and minimisation of negative impacts provide conscious ‘eco’ strategy. tion is implemented through government policy, and sustainability provisions are synonymous with environmental management, which means strategies and tools for quality are needed. The policy enables the destinations and enterprises involved in the tourism industry to comply with and adapt strategies friendly to natural and human environments. The appearance of ‘green hotels’ and the focus of the airlines on environmental preservation and minimisation of negative impacts provide conscious ‘eco’ strategy. The problem here is how to verify the environmental management approach of various organisations, and to cast away any suspicions of ‘green washing’ and other deceptive strategies that have been adopted by some companies in order to grasp the attention of the customers. It should be mentioned here that priority has been given by the European Union to minimising Carbon Dioxide (CO2) emissions and negative impacts on the environment, through the emission trading systems (EU ETS). These directives are aligned with Total Quality Management (TQM) that prioritises quality though environmental practices, with certain specifications. Additionally, companies’ Corporate Social Responsibil- ity (CSR) action is further enhanced by their contribution to common benefit actions, as part of a new tax exemption policy. However, technology enables customers and other pressure groups to publicise misleading CSR actions from various enterprises. Ethical business practices involve conditions of employment that are part of sustainability, in the sense that humans are not exploited and human resource management policies are implemented adequately. Regarding destination management, a key component is the enrichment of the tourism product by activities that are categorised as alternative or of special interest. At present, innovative destinations should protect areas of environmental sensitivity and preserve nature. It is vital to manage energy and water consumption savings by the implementation of advanced technological systems, and also adequate waste management systems and the recycling of water, used food and materials. All these new strategies converge to suggest a novel approach within the industry, instigating a sustainable and balanced development that arises from past experience, which proves that unplanned strategies have many negative impacts on the different layers of the industry and, more importantly, on the human race. Environmental practices are vital in all the layers of the tourism industry for a harmonious symbiosis with the natural and social environment. These policies will have positive impacts that will be obvious in the forthcoming years. The infrastructure and superstructure should be compatible with social and environmental welfare without impacting negatively on nature. Consumers are becoming more aware, and are strict in their judgement of products and services that do not fulfil healthy and ethical procedures. The future of Cyprus tourism is defined in sustainability and all the stakeholders involved should pursuit a common vision and aim. 56 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 The necessity of the creation of an Integrated Casino Resort In a global economy in which tourism in Cyprus was primarily based on the sea and in the sun, it needs to be enriched and change direction as there is an urgent need for a tourism that will offer quality and a high level of service. The combination of the two factors is the key to remain competitive as a tourist destination. By Michael Karasavvas Honorary Consul of St.Vincent and the Grenadines Therefore, we should adopt a policy that addresses in a comprehensive way the issue. The tourism strategic planning of Cyprus should be in a context of sustainable development in such a way that creates a development balance between economic and social dimension. The role and the strong interest of the government to create an Integrated Casino Resort that will be the leading one in Europe and amongst the best in the world is crucial and important for the tourism policy and the development of the economy and of our country. The creation of an integrated casino-resort will offer significant opportunities in the Cyprus tourism sector and should not be treated as a negative challenge. It will attract foreign investment into Cyprus,enrich the Cypriot tourism “prod- ...Cyprus is called upon to again become competitive and sustainable, to be modernized in all areas and to promote a new tourist product... uct” through additional tourist attractions, which would attract meetings, incentives, conventions and exhibitions.The development of alternative forms of tourism in Cyprus with a focus on quality are the necessary ingredients for sustainable tourism development so as to achieve the extension of the tourist period and as a positive result will not only increase arrivals, but increase revenue. The huge investment in facilities, infrastructure and services will have a serious tourist and economic benefits for the well-being of the population and of the country, the creation of jobs,the support of associated industries and generate fiscal revenue. It is unthinkable for a tourist and not only country without a casino. We have seen the consequences of Cyprus in the past few years lost its competitiveness and created a big problem in arrivals and in revenues. In the new age, and situation that are shaped, Cyprus is called upon to again become competitive and sustainable, to be modernized in all areas and to promote a new tourist product in combination of course the traditional shape of the sun and sea. The modern tourist is more wise and seeks for quality and variety. And these needs to be given. This investment will constitute a new pole for attracting tourists and the basis for the successful development and prosperity of business activities and processes that will make Cyprus competitive destination internationally. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 57 Business ably, have received significant amounts of funding. On the other hand practitioners should understand the importance of new scientific developments in their fields, which, especially in the fields of economics, finance and business, are highly significant due to the rapid developments in these fields. Improving Research Effectiveness: The instrumental roles of academic and business communities In the last couple of decades Cyprus has proved to be an important centre for academic research. The number of public and private universities, research centers, but most importantly the quality of our human capital, are important assets that should be constructively used not only for the research per se, but also in an applied manner that would advance the economic and financial performance of our country. By Dr Marios Ioannou, Course Leader of MA in Education, University of the West of England, Alexander College The significance of research in our daily life is not always obvious, yet there are some characteristics that should be highlighted. Albeit the often abstract perspective that a research project has, and the theoretical underpinnings that govern it, research should aim to contextualize its results in the already published and established literature, maintain its high quality standards, clarify its applicability by producing useful knowledge for the corresponding practical fields, and suggest clear implications and realisable implementations. An often occurring drawback in the international system of realisation and publication of the research results is the, more often than not, slow Academics and practitioners should collaborate as co-researchers in the advancement of the theories and practices of their fields of study and practice. 58 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 conversion into practice. One can identify the disconnection between the theoretical results presented in journal papers and conference proceedings and the realisation of these into effective policies and practices. This phenomenon can be elucidated by the different viewpoints that the academics and the practitioners often have. Academics usually when reporting a certain study, they do it addressing other academics in international forums. On the other hand practitioners, are usually informed by professional magazines and websites, which do not include detailed academic research results. Action should be taken from both sides to find means of effective communication, and overcome the aforementioned barrier. Limiting oneself in the publication of research results is not adequate. Academics, both as individuals, but most importantly in an institutional level, should endeavor to apprise their research results to practitioners; research for which, most prob- Moreover, the communication between academics and practitioners, at some point, should extend beyond discussion and adaptation of research results. Academics and practitioners should collaborate as co-researchers in the advancement of the theories and practices of their fields of study and practice. Academic and corporate communities ought to start encouraging participations of common research projects, where academics could bring their theoretical and research background, and practitioners should add their valuable experience. The combination of these two aspects can definitely contribute to our knowledge of how economics, finance and other fields can contribute to our understanding of the business world, but on the other side allow us to appraise how practically we can improve the conditions of our life and society. This successful collaboration between the two communities should have clear and realizable aims. Research projects are, more often than not, a challenging and rewarding experience, aiming to offer us the opportunity to pursue an in-depth original study about a topic of interest. Their realisation is vital and should be based on the established requirements for a well-conducted research. We need to realise that research determines the foundation of program development and policies all over the world. Research draws its power from the fact that it should be empirical. Merely theorizing about what might be effective or what could work is inadequate. Here lies the importance of the collaboration between theory and practice, namely academic and business communities. Academics should design and realise research project with practitioners contributing with hard data based on their experience. It is needless to say that good research project results should be examinable by peers, following established methodologies that can be replicated, and should produce We need to realise that research determines the foundation of program development and policies all over the world. knowledge that can be applied to real-world situations. Finally, a research project is successful if it is established through continuous reiteration. Returning back to the research questions, methods, and data, leads researchers to new ideas, revisions and improvements. The process of reiteration and continuous analysis of the results, with peers, colleagues and other specialists in international forums, will lead researchers to new research questions that emerge, perhaps variables that need to be adjusted and other changes that need to be made. Revisiting the already established and published research results, will perhaps lead us to view our social and economic reality from a different perspective and create policies of different shape and objectives. All these characteristics define good research practice. The above argumentation should not be considered unrealizable. Cyprus is undoubtedly an important research centre, due to the evolving tertiary education and bustling research community. In combination with the characteristics our economy and our geopolitical position, we should aim to advance our research activities, by aiming to strengthen the links between our academic and business communities. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 59 Business Management Human resourses management All organizations employing labour have a human resources (HR) function. In large organizations the task is undertaken by specialist Human Resources Managers; in a small organization a manager will spend part of his/her time on matters relating to employees. By Demetris Ergatoudes FCIB * The main activities undertaken by the H.R. are: • employee resourcing • employee development • health, safety and welfare • pay • employee relations. • Employee resourcing This covers the acquisition and organization of employees. Manpower planning. Its main purpose is to forecast the future organization’s labour requirements and to devise strategies to ensure that sufficient labour is available for the organization to achieve its overall objectives. Planning assists management in decide over recruitment, training, accommodation, promotion, labour costs, and redundancies. Recruitment and selection, is concerned with obtaining the eligible number and type of people required by the organization. Organization design and development. A structure must be developed in which all activities are covered and grouped efficiently to achieve the organization’s objectives. The external environment is ever changing and organizational structures must be flexible. One of the tasks of the HR is to develop programmes to improve the organization’s effectiveness and flexibility. • Employee development This covers a number of activities. Training. Training takes many forms including attendance on day release or short courses, instruction manuals, induction of new staff, simulations, job rotation and on-the-job-training. The purpose is to ensure that the workforce possesses the skills, knowledge and aptitude to work effectively. Management development, is designed to ensure that the organization’s managers possess the required skills and are effective to meet present and future needs. Management development involves managers acquiring the range of experience necessary for the future development. Performance appraisal. The work of an individual is appraised for: • pay • promotion • to assist the employee develop his/her potential. • Health, safety and welfare Employers have a legal obligation to maintain a safe working environment otherwise they become liable to criminal prosecution. Besides this, enlightened employers are concerned over matters of health, safety and welfare to secure and maintain a productive workforce. Measures to achieve this include counselling facilities, social clubs, staff discount schemes and benevolent funds. • Pay HR management’s role in relation to pay involves devising pay schemes to secure and motivate the human resources. • Employee relations These include negotiating with trade unions and dealing with the grievances and the disciplining of individuals. MANPOWER PLANNING The manpower plan is concerned with the acquisition of the human resources needed to achieve the organisation’s objectives and includes the following: • Manpower requirements. To assess the current and future manpower requirements. • Supply of labour. In terms of age structure, skills, grade, turnover, absenteeism, overtime and work practices. • Manpower programmes. Programmes and policies will be produced for: recruitment, training and development, promotion, pay, productivity, retirement and redundancy. RECRUITMENT AND SELECTION The appointment of the right people to the right job at the right time is crucial to the success of the organization and is a major activity of the HR department. The process includes: (1) defining the requirements of the organization (2) recruitment – attracting a field of suitable applicants and (3) selection –choosing the best candidate for the job. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Although this is a tough time period for employees and job seekers-as it is an employers’ market- it is still imperative for leaders to focus on employee satisfaction and retention. The majority of employees, working for the majority of organisations, have thought about quitting their jobs more than once, during the past yearaccording to a relevant study. By Andrie Penta Soft Skills Trainer and Marketing Consultant duly a Certified Trainer by the Cyprus Human Resource Development Authority. The question is, how do great leaders create engaged followers who are loyal? How do great leaders apply internal marketing? Here are a few ways: 1.Explore your Employees’ Full Potential By giving the flexibility to every team member to optimise their true potential, instead of trying to fit them into ready-made molds, the organization ensures that they feel engaged, happy and free to give the maximum of their capacity. Examples of companies that have given room for their employees to express their abilities are Google and Facebook and we have all seen the results. 2.Find out What Motivates Them Different age groups are motivated by different incentives. For instance, the younger employees are tech-savvy and understand the importance of constantly mastering new skills to stay up to date. They are connected 24/7 and they would definitely appreciate more active technology support and training. Leaders should be open to elevating their team’s knowledge and skills in regards to technological advances, although they may feel intimidated. 3.Create a Sense of Belonging Employees normally place company culture on their top priority list, as a reason for wanting to join a firm or wanting to stay with a firm. What is important for employees is to feel “like at home”, when going to work, but also for the organisation to ensure that all staff feel like they belong there. This includes recruitment and development activities, the physical work environment, a number of volunteer opportunities, get-together initiatives etc. For instance, Starbucks have introduced employee lounges throughout their corporate offices to create this sense of belonging and to encourage further employee interaction. 4.Be Flexible When employees feel like their leaders sympathise with them, understand them and make an effort to accommodate their out-of-work needs, they make an extra effort to be productive, loyal and work for the company’s best interest. This is especially true for working mothers, who are pursuing a career and need all the support they can get from leadership. 5.Be Open to Communication Successful leaders always encourage open communication. The annual performance review process is one way for a leader to talk openly with his people, however waiting until then, may be too late. Two-way exchanges between a manager and employee could be held quarterly and augmented by real-time feedback. 6. Train & Develop Your People There are various ways in which an organisation can invest in further developing its employees. One way is through team building activities aiming at enhancing inter-company relationships. Others include encouraging employees to invite outside experts to their staff meetings or ensuring key staff members attend industry events. There are also examples of companies which give employees a birthday voucher, which can be spend on a personal development course of their choice. Overall, the idea is for leaders to constantly invest time and money in taking their employees to the next level. RECENT DEVELOPMENTS In the 1980s a new concept emerged to challenge the traditional view of HR. This is based on the principle that HR recourses are the most important asset of an organization. *Demetris Ergatoudes is a retired (2006) Senior Manager of the Cyprus Popular Bank Ltd, and fellow of the Chartered Institute of Bankers, London. 60 How to make sure your employees don’t quit! A relevant quote: A CFO is wary about investing in the training and education of the emploees. He asks the CEO: “What happens if we invest in developing our people and then they leave the company?” The CEO is a bright person and replies: “What happens if we don’t and they stay?” ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 61 Business Proposal for a European Deposit Insurance Scheme In an effort to complete and strengthen the banking union in the eurozone the European Commission has proposed a European Deposit Insurance Scheme (EDIS) for the whole of the eurozone. This is the third and last pillar of the banking union for the European Commission and the European Central Bank (ECB), after the creation of the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM). Currently, there are national deposits insurance schemes in each member state of the eurozone, which are funded by contributions of the financial institutions. The question is whether these schemes have satisfactory funds in order to cover insured deposits. The recent proposal of the EU for the creation of the EDIS aims to deal with this issue. By Tassos Yiasemides, Board Member, KPMG LTD The EDIS will be based on the current deposit scheme and will be fully implemented in 2024, in three phases. In the first phase, which will be completed in 2020, the EDIS will act as the reinsurer of national systems, when these have used all their own resources. A basic requirement is the full compliance with the European directives, while there will be a maximum amount that can be provided by the EDIS. In 2020, according to the EU scheme, the EDIS will change to a co-insurance mechanism, that is in case there will be a need for compensation of depositors, the EDIS will have the possibility to contribute part of the cost, without the exhaustion of all the resources of national schemes being a prerequisite (in 2020 the EDIS will have the capacity to cover 20% of the cost and this will increase gradually until 2024). From 2024 onwards, according to the scheme, the EDIS will cover 100% of the risk. The EDIS will be funded by contributions of financial institutions, which can be removed from the contribution made to the national systems. Moreover, these contributions will be made based on risk, meaning that high risk financial institutions will contribute more. The European Commission, in an effort to address Germany’s reactions in regards with this attempt, has announced that it will soon start imposing sanctions to member states which have not implemented the new regulations for the rescue of financial institutions. It is noted that the SSM and the SRM have already been institutionalized. The SSM consists of the ECB and the national 62 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 supervisory authorities and as of 2014 it has all the systemic financial institutions of the eurozone under its supervision. In this way there is a single supervisory framework that ensures the financial stability in the eurozone, through a risk prevention mechanism. On the other hand, the purpose of the SRM is managing the resolution of problematic financial institutions, limiting the impact of such resolutions on the taxpayers and the national economies. In the last years the governments of the eurozone have proceeded to the nationalization of financial institutions burdening budgets and public debt. The mechanism consists of two tools. The Single Resolution Council (Resolution Authority), which decides which financial institutions will be placed under a resolution regime and the way of implementing the resolution scheme, especially in cases of cross-border and big banks of the eurozone. The second tool is the Single Resolution Fund (SRF) which is established at a supranational level. The SRF will be used only after the use of own resources for the rescue of the financial institutions under resolution. The funding will come from contributions of financial institutions and the fund is expected to begin its operation in eight years with a budget of 55 billion euros. Cyprus is preparing to implement the European directive for the resolution of financial institutions of 2016 known as BRRD (Bank Recovery and Resolution Directive), which is part of the mechanism described above. A big part of the directive has already been adopted in Cyprus following the events of 2013 (maybe Cyprus was the first test for the directive). The resolution process provides for the support of the financial institution by its shareholders, bondholders and the uninsured depositors, limiting the losses to the taxpayers. Based on the directive deposits up to €100.000 are protected. Do You Have the Business Mindset to Succeed? A new approach for professionals Are Leaders Born or Made? What Makes a Good Manager? Should Businesses Hire Talent—or Mindset? The Mindset That Increases Creativity and Productivity. Every day there are new small and micro businesses starting all over the world and every single one of them has an owner that is doing their best to achieve their version of success. By Demetris Stylianides, DipLC, CTM,CL,FAIA, FCCA, CPA, International NLP Trainer If you’re one of them, this article is for you. What is a business mindset? Every so often a truly groundbreaking idea comes along. This is one. Mindset explains: • Why brains and talent don’t bring success • How they can stand in the way of it • Why praising brains and talent doesn’t foster self-esteem and accomplishment, but jeopardizes them • How teaching a simple idea about the brain raises grades and productivity • What all great CEOs, parents, teachers, athletes know Mindset is a simple idea discovered by worldrenowned Stanford University psychologist Carol Dweck in decades of research on achievement and success—a simple idea that makes all the difference. In a fixed mindset, people believe their basic qualities, like their intelligence or talent, are simply fixed traits. They spend their time documenting their intelligence or talent instead of developing them. They also believe that talent alone creates success—without effort. They’re wrong. In a growth mindset, people believe that their most basic abilities can be developed through dedication and hard work—brains and talent are just the starting point. This view creates a love of learning and a resilience that is essential for great accomplishment. Virtually all great people have had these qualities. Teaching a growth mindset creates motivation and productivity in the worlds of business, education, and sports. It enhances relationships. When you start applying the Business Mindset, you’ll see how. Having a business mindset is critical in setting up and running any type of business. Because it’s not going to grow itself, if you don’t develop the way you think about your business, it’s going nowhere. I will be providing some guidelines into improving your current mindset. These guidelines will not automatically make you a business mindset guru but they will align your current way of thinking to the business mindset type of thinking and hopefully will help out in taking the subject to the next level. 1. Be clear with your intention Is it your intention to be in business and to grow a business? Or are you just doing this for fun? Just because you love what you do doesn’t mean you should do it for free – the key to a successful business is to do what you love, serve others, and charge appropriately for the value you deliver. Value yourself and have a clear intention to generate a profit. You wouldn’t work 40 hours a week for free, nor for a discounted price, so don’t do it in your own business. Set your intentions clearly from the start and allow those intentions to guide your decision making. 2. Use your awareness What’s happening in your industry, who are your competitors, who can you team up with for mutual benefit? What does the market want? What is the value you can offer? The secret to starting a business is to find out what your market wants, and deliver that. This is often stated as finding out a gap in the market and then a market in the gap before confirming that you are the right person to fill that gap. Is there room for two businesses delivering the same product or service in your market? Can you see a way to do it better than what is currently on offer? If you’re not aware of your differentiating factors, it will be tough to sell it. 3. Energy flows where attention goes Attention is a limited resource. Where you place your attention is going to have a major impact on the growth of your business. So use it intentionally. Create a business plan and place your attention on what is necessary to grow your business. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 63 Business I find it’s best to place my attention on three major things per day. That’s three things per day that I want to get done. And I make and keep a commitment to myself to get them done. 4. Set objective goals An objective goal is one that if you explained it to a complete stranger in one sentence, they would understand it, and also be able to measure your progress and achievement. It would have a very clearly defined end objective. Set objective goals for profit, turnover, target market, product creation, and everything else in the 9 divisions of your business. And make sure the objective goal you set is going to challenge you. 5. Be clear on who you serve Who are your customers (who do you deliver value to?) 6. Make decisions after identifying at least three choices If you have one option than that is no option at all. If you have two options this is called a dilemma. When you create at least three scenaria, than you can have an option to pick at least one. Nothing suppresses your leadership abilities more than you. And one of the ways you do that is by using words (both thoughts and spoken words) that take away your perception of choice. You are the King or Queen of your world – you always have choice and you are the only one who can make any choice for you. Every time you use the words and phrases listed below you take away your perception of choice. Therefore, you restrict your own ability to lead and make decisions. • Have to • Need to • Should • Must Be aware of your use of these words – they have very low levels of intention and are a very low order of create. A business after all, is a creation of you and your mind. It’s best to be creating with intention and with a perception of choice. 7. Develop a combination of attention to detail and organisation in everything you do Business is really all about numbers. Being organised helps you measure those numbers, and then improve systems in order to improve the numbers. Without this, your business will fail. It’s important to understand what numbers are worth monitoring (the ones that have a direct impact on your ability to serve and charge for that service is a good start). It’s also about the attention to detail you pay to the little things that make a big difference. Sometimes this is the only thing that sets you apart from your competition – and it can mean that you own the space you’re in. 8. Measure service and have an awareness of income The more you serve, the more you’ll earn. It’s a matter of the Laws of Exchange. The more you place your attention on the quality of the delivery of your service (your outflow), the more your customer is going to have a perception of value, and therefore a willingness to pay your reward. That means you’ll be more willing to ask for a reward (your inflow). And that is very important – you’ll never hit a shot you don’t take. You’ll never get paid more than what you ask for. And reward is always to be asked for. RESOLUTIONS TO CREATE BUSINESS SOLUTIONS In front of an audience consisting of ambitious young people, businessmen, lawyers and accountants, Demetris Stylianides founder and CEO of THINKBOX LTD presented the professional services of Creativity, Entrepreneurship and Business Mindset. The event was held on Friday 15 January 2016 at the 7seas Columbia, Limassol. The whole presentation was a call for ambitious young people to follow their dream on creation, entrepreneurship and business mind set. These services are equally useful for experienced business people who need a different approach because of the new economic developments around the world. THINKBOX’s philosophy is that everyone should develop entrepreneurial thinking and problem-solving skills that are important for their future, through new approaches. Most young people after they finish their studies, do not have the practical tools to put their knowledge into practice and such programmes will make them feel more confident in their first business steps. While most of the young people have plenty of new ideas, they luck the experience needed to implement those ideas. Using systemic thinking and methodology as well as advanced verbal skills, participants will be able to learn among other things, negotiation techniques and ways of promoting services and products. 64 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 The Achievements and Failures of this Government – Year 2015 By Antonis Loizou F.R.I.C.S. – Antonis Loizou & Associates Ltd Real Estate Valuers & Estate Agents We would like to enumerate some of the achievements of this Government and some of its failures regarding the real estate market. The past year (2015) one must admit that it was a year which was met with many changes. Some of these changes came about after Troika’s pressure (just as well) and some due to the change of Government from a “communist/socialist” way of approaching matters, to a capitalist one, with a complete new prospective. It will not be a miss to credit the foreign/local pressure groups regarding title issues etc which helped towards the changes. The market is still at a rather num state, with very few transactions and those who are, are directed towards good quality holiday homes and houses (upmarket) investment properties (i.e. income producing ones with returns of 5%-6% p.a.) whereas deals regarding agricultural land and building plots (residential in the main but as well others) are at the low end. Land on the beach and near it has shown positive signs of interest and it is evident in our opinion that for such plots the future is positive. The positive achievements • The main one is the measure for visas and passports (and without blowing our own horn, 50% of this measure is the result of our own Office efforts since the year 2011 (notwithstanding that this measure existed since 2007, but was not taken on by the previous Government). • The relaxed interpretation regarding what is a “permanent/main” home by foreigners, is all the best. In the previous years the permanent house meant that the house where a foreigner lives more than ½ 365 days. Now it refers to the main house while in Cyprus with no limitation on living period. • The quick action to replace the catastrophic Cyprus Airways with new airlines operating in many other European countries has open new horizons for tourism which is the forerunner of the foreign real estate demand. • The incentives given for large scale projects be it proposed in agricultural areas, for the new golf courses, marinas etc have added to the profitability of such projects increasing their chances to attract foreign investors. • The replacement of the building amnesty by allowing a 20% increase in building density to existing buildings (or up to 60 sq.mts.) is an easy way to bypass the red tape procedures which existed for the building amnesty. • The measure for property tax to replace the 1.1.80 values to 1.1.2013 done within 6 months (be it with a lot of mistakes but with a 6 month period to correct – with objections) is another way forward. • The updating of the taxation system regarding foreign high earners is another point to note in attracting the foreign market as is the new shipping regulations. • The relaxations, more of a routine nature nowadays rather than going through the relaxation Board is a point in hand. In addition is the 50% transfer fee reduction and the abolition of capital gains tax in certain cases. Etc etc On the positive points it will be a miss not to mention the breath of fresh air that the Minister of Interior has brought into the market with no reservations to relaxations with the aim of attracting foreign/local investments in order to revive the market. The negative aspects • Whatever measures however that this/any Government takes, one is the common denominator, that of the confidence in the economy. We live in a world that most countries are targeting foreign investors and our recent past history (3/2013) is not easily forgotten. Just as well that our competitors have problems of their own so that we are not alone in disappointing the market. As we have reported in the past the ill fortunes of others seem to benefit Cyprus, but this is not the way to build a new economic basis. Some of our local financiers, we believe, are yet behind in handling the real estate problems and we are afraid that their shareholders based on a non long term stay, but short term capital gains, is a cause for concern. This is worrying unless we are mistaken. • The Central Bank is also well behind what it is called upon to do. The problem with the appointment of the Governor of the Central Bank apart, it seems to us that the Central Bank has not placed its hand on the problems and/or is taking its time with a lack of leadership at various levels. • The opportunities that came about caused by other countries problems, do not seem to be pushed forward by the Government, by producing some sort of a list of suggested ideas, awaiting the private sector to do it and then the Government to accommodate their requirements. Why has Ayia Napa only 17 football training grounds and other areas not? Why the Government is not coordinating Municipalities and local authorities/hoteliers for the purpose of winter sports? Why other sports are not earmarked such as rugby, cricket, polo etc earmarked on the Governmental owned land with subsidies to go? (direct or indirect). Why keep the old colonial system in securing permits and not adopting a fresh, completely new approach on procedures? Why is red tape not being addressed as yet regarding all sorts of matters from registration of a Co, to permanent/ working visas time issue? The “feeling” that the public and foreigners have, is that the Government is looking after its own members with family business which is an embarrassment to the country eminating almost from the top to bottom of the hierarchy. Let’s hope that our new 2016 report on such matters will be more positive. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 65 Business Incentive and Reward Schemes Examples of rewards and incentives By Aspasia Simillidou Theodosiou BSc, MSc, PhD (candidate) Human Resources Consultant / Lecturer Besides the monetary rewards such as bonuses and commissions there are other types of rewards as well. Especially during challenging times, when organisations struggle, these types of rewards may be more effective. Non-monetary incentives are used to reward employees for excellent behavior through opportunities. Non-monetary incentives may include flexible work hours, payroll or premium contributions, training and development schemes and health savings. If it comes to environmental behavior for example, often labeling and recognition certificates are used. This may include stickers, T-shirts with banner logo etc. These among many others can increase motivation of employees and therefore performance. Employees may also be rewarded for discovering new ideas for implementing a task at work using small gifts. Finally, a reward that does not cost anything at all and it is really easy to implement is to celebrate your employees successes and show them appreciation. Many organisations believe that salary is a motivator. Well, bad news! Salary is not a motivator. It is only enough for the employee to do the minimum that can be done for his job. It really sounds scary, but this is the truth. A salary cannot increase motivation, productivity and performance. And more than ever, it can never create engaged employees. A good salary has been enough some decades ago. The introduction of incentive schemes, though, has increased the performance of employees in many industries. An incentive programme is actually a formal scheme used to promote or encourage specific actions or behavior by a specific group of employees. An incentive and reward scheme does not always include money. Advantages of rewards and incentives There are many advantages for implementing a reward and incentive scheme For the organisation the advantages are: • increase staff motivation, morale and loyalty • boost productivity • link individual and business performance • focus employees on achieving targets • build teamwork For staff: • enhancing the quality of working life • increase in motivation • adding value to the employment contract In these troubled times it’s more important than ever to keep your staff engaged with your business and goals. Unfortunately a down turn also makes it much more challenging to be heard over the noise and financial pressures to win genuine advocacy from your employees, customers and partners. Corporate incentives and rewards have always had a significant role to play in creating engagement, but now they have to be smarter and work harder than ever before. 66 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Crowdfunding as an alternative way of financing small and medium-sized enterprises (SMEs) and start-ups Crowdfunding or financing from the crowd, alternatively internet microfinance, is a method by which people, organizations or businesses (including business start-ups) can raise funds via the internet for the financing of an idea or project. It operates usually through an online portal (crowdfunding platform) which is accessible to the public with a proposal to finance the said idea or project. By Christiana Loizou, Senior Associate, KPMG Limited Although Crowdfunding has originally been connected with the financing of various projects of public-interest and cultural events, it is now growing as a fund-raising method for start-up companies or other commercial projects. In the Entrepreneurship 2020 Action Plan (Entrepreneurship 2020 Action Plan – Reigniting the entrepreneurial spirit in Europe (COM (2012) 795 final), the European Commission presents a series of actions for implementation at both EU and Member States’ level aiming to support entrepreneurship in Europe. Particular attention has been given to the difficulties of SMEs and entrepreneurs in the access to financing their business in the early stages, due to the global financial crisis. In this framework and targeting towards exploring alternatives and/or complementary ways to bank lending, which will be more easily accessible, the European Commission has emphasized in the abovementioned plan that it will work with the European investors in order to increase the flow of venture capital and crowdfunding into web start-ups. In addition it invited the Member States to assess the need of amending current national financial legislation with the aim of facilitating new, alternative forms of financing for start-ups and SMEs in general, in particular as regards platforms for crowd funding. As of today, there are mainly three types of Crowdfunding: • Donations and rewards crowdfunding. In this type of crowdfunding, the return or reward does not involve any kind of financial investment. Natural or legal persons may donate an amount, goods or provide a service for a specific project, campaign or to support a business without receiving a monetary amount in exchange as a reward. Although contributions are exchanged with non-monetary rewards. • Loan-based crowdfunding or peer-to-peer (P2P) as well as peer-to-business lending (P2B). In this type of lending, individuals lend money to individuals or businesses aiming to a financial return in the form of repayment of capital and interest payments. • Equity crowdfunding or investment-based crowdfunding. People invest in unlisted securities or other investment products without these being readily realizable by the company or business or the platform operator in exchange of their contribution to its targets. In the abovementioned types of Crowdfunding, funds are deposited once the project successfully completes funding or otherwise all amounts are returned to the crowd investors. Currently there is not a common EU approach to regulating Crowdfunding. It is worth noting however that Italy, United Kingdom and Germany have recently proceeded in amending their regulatory regime governing the provision of investment services by enacting new rules and/ or exemptions, focusing mainly on the platform operators who offer crowdfunding through loanbased crowdfunding and equity crowdfunding. Considering the important benefits Crowdfunding provides in the financing of SMEs and the growth of economy in general, the creation of a legislative framework regulating the activity of Crowdfunding in Cyprus is considered necessary. A proportionate framework that will balance regulatory costs against benefits and will address efficiently the protection of investors. Business Crude Oil Tanker Market: A Strong Performer in 2015 and its Outlook 2015 turned out to be the best year for crude oil tankers since the market crashed towards the end of 2008. But how does its outlook look? A. Market Performance during 2015 The crude tanker market gained significant momentum during 2015, with demand for crude tankers driven by the lower oil prices and enhanced by a relatively small supply-side growth. By Andreas Avraam Director Assurance Services PwC Cyprus In addition, the crude tanker fleet experienced lower productivity due to increased voyage distances and port congestion. On the contrary, the higher freight rates led many owners to defer scrapping and to operate their fleets at higher speeds, hence leaving the market in a vulnerable position if demand weakens. At the same time, differing opportunities for crude tankers were created due to the oversupply of crude oil, with floating storage being the most noticeable one. Freight rates have stayed high during most of the year as low crude oil prices have driven demand. The improved spot market also had a corresponding positive effect on the timecharter market. Timecharter rates started to slowly rise towards the end of 2014, while they grew even more strongly early 2015. Following few months of relative stability, timecharter rates began rising again in Q2 of 2015, reaching their highest level since the start of the crisis in 2008. young age distribution of the fleet, coupled with the high orderbook, and eventually high levels of deliveries hitting the water, are likely to be amongst the main factors putting downward pressure to the market, especially if demand growth weakens. Expected increase in ton-miles traveled may add to tankers’ demand The ton-mile demand is an important factor in the supply side equation of tankers. The longer the distance traveled to deliver, the greater the time in water, which in turn reduces the avail- Orderbook build-up and strong fleet growth expected As Danish Ship Finance (“DSF”) recently reported, the orderbook-to-fleet ratio towards the 68 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 In fact, average travelling distances have been and may continue getting longer, as Asian crude oil importers have been diversifying their crude oil import volumes away from the Middle East in favor of the Atlantic Basin producers. As per DSF recent market report, Africa’s market share has risen by 4% since 2010, reaching 14% in 2015. In addition, volumes of seaborne crude oil are expected to grow more strongly in the coming years. However, the key question is: Can these rates continue? Since rates are just prices which are determined by supply and demand factors, in Section B we will briefly comment on some of these factors, including their outlook. Overall, the crude tanker market may continue benefiting from this development, as the productivity of the fleet is decreasing due to the longer travelling distances. B. Main Supply and Demand Factors and their Outlook able supply of vessels, thus having a positive impact on rates. end of 2015 has jumped to more than 18% of the fleet, totaling roughly 62 million dwt, while the crude tanker fleet net growth is expected to climb to 4% in 2016 and 2017, versus 2% in 2015. The expected low levels of scrapping due to the Chinese demand driven by Refining and Strategic Petroleum Reserves (SPRs) Build Up China is expected to grow its imports of crude oil volumes by 55 million tonnes in the coming five years, reaching almost 370 million tonnes by 2020, DSF recently reported. This development is driven by expected increasing refinery intake and storage build-ups. The attractive price levels and margins for refined products experienced during 2015, have prompted refineries to delay maintenance and increase their utilization rates. In addition, during 2015, independent non-governmental refineries, the so-called teapot refineries, were granted permission to import and refine crude oil, thus further boosting demand. As per DSF, China’s refinery industry is expected to expand by an additional 1.6 million barrels per day, equivalent to roughly 70 million tonnes in the coming five years. Although uncertain, it can be argued that as long as prices remain attractive, China is expected to continue increasing its refinery capacity which should necessitate increased crude oil imports and increased demand for crude tankers. In addition to the impact of refining, during 2015 China took advantage of the low crude oil prices to significantly expand its SPRs. In fact, as per Bloomberg, China may start four additional SPRs in 2016, augmenting its existing eight, as part of its ultimate goal of stockpiling enough oil to cover 100 days’ worth of imports by 2020 (versus 29 days of supply as of the ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 69 Business The Eurozone Banking Union Where do things stand and what does it really mean for Cypriot banks? middle of 2015). C. Conclusion However, despite the fact that storage buildups in China may be happening for some time, it is important to keep in mind that the effect is temporary and that potentially imports will fall back once inventories are filled. There is also great uncertainty over the speed at which these reserves will be filled, as it depends on future oil price levels. Despite a strong 2015, the market’s outlook remains fragile and uncertain Arguably, factors like increased refinery additions and storage filling, especially in Asia region and primarily China, may be expected to have a positive impact on crude oil demand and thus the crude tanker market. However, this is very uncertain and there are several areas of concern that can negatively impact crude oil demand, including the re-balancing of the Chinese economy, the geopolitical conflicts in the Middle East including the recent tension between Iran and Saudi Arabia, and the planned expansion of the ESPO pipeline which moves Russian crude oil to China by 2020. Uncertainty over the impact of Iran The impact on the crude tanker market of the expected increase in the supply of crude oil by Iran, following lifting of sanctions in early 2016, is uncertain. A recent survey by Platts estimated that Iran produced 2.89 million b/d in December 2015, while the International Energy Agency has said it expects Iran to be able to achieve crude output of 3.6 million b/d similar to the 2011 level within six months of the lifting of sanctions. However, a lot of independent analysts are skeptical as to whether such an increase is indeed achievable. Whatever the case, eventually, more Iranian crude oil volumes are expected to hit the already oversupplied crude oil market, but the effect on crude tanker demand and freight rates is uncertain and may even be limited, if it turns out that the return of Iranian crude tankers into the market dilutes the positive impact of increased crude oil exports. 70 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Looking at the supply side, due to the high annual level of tanker deliveries expected in 2016, we shall be cautious that fleet growth may start to impact the market. Freight rates may get under pressure if demand growth turns out to be insufficient to employ the increased fleet. In summary, the crude tanker market’s outlook remains fragile and uncertain, while the market may at times be very volatile as it starts to accommodate the large influx of new vessels. It has been just over a year since the official launch of the Single Supervisory Mechanism (SSM) –the foundational pillar of Eurozone’s Banking Union. A few days ago, the second pillar, the Single Resolution Mechanism (SRM) also came into play. With these two major undertakings completed the Banking Union is very much a reality albeit perhaps too early to call it a success. By Vassilios G Vrachimis Partner Assurance PwC Cyprus A recent report prepared by the PwC and IE Business School Financial Sector Centre1 critically analyses where things stand with this longin-coming Eurozone-enthusiasts’ vision. One of the major findings of this report is that whilst in theory the Banking Union’s oversight model is based on risk analysis, in practice, supervision has moved closer to the US Federal Reserve’s “Camel” approach the which encompasses a comprehensive assessment across Capital adequacy, Asset quality, Management administration, Earnings and Liquidity. For some at least, this must have come as a surprise as it was never written down in the “what to expect” guides. The implication is that the Banking Union’s practical supervisory model has resulted in a strain on the banking sector. A significant amount of management’s time and banks’ financial resources are focused on satisfying the supervisory demands instead on running the banks’ business. At the same time, the supervisors’ are coming back challenging banks’ business models and their viability. In my view, this strain is felt much more on smaller banks (i.e., all of the Cypriot banks). Notice the oxymoron. If you are a Cypriot bank’s CEO you are spending much of your time trying to keep the supervisor at bay, commit vast amounts of shareholders’ investments in costly liquidity and at the same time you are being challenged by the same people that set the rules of the game to be able to work on reducing NPLs and demonstrate that your bank is profitable without taking on too much risk. And by the way, you have to keep your shareholders’ happy. Yet, this is the new reality and it is likely here to stay. To survive and thrive in this “new world” the Cypriot banks’ CEOs have to plan ahead, “learn on the job” and be “smarter” about how they manage risk and focus on reducing capital consumption without compromising returns. Easier said than done. This calls for sophistication and innovation. For some, this could also mean start thinking about who you join forces with – takeover or be taken-over – so as to reduce the impact of the supervisory strain. For me one thing is clear, whether intentional or not, the Banking Union will change the Cypriot banking landscape. 1. The PwC and IE Business School Financial Sector Centre is a joint commitment on the part of both institutions, started in 2010, to create a benchmark in the area of financial reporting and research, which analyses the challenges facing institutions in Spain and worldwide in their current transformation process. The centre is a stand-alone institution in Spain and is independent from credit institutions. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 71 Business Basic principles to consider in drafting your company’s Risk Management Policy Guidelines By CORPORATE GOVERNANCE, INTERNAL AUDIT AMD RISK MANAGEMENT COMMITTEE The concept of Risk Management is fairly new, with the majority of companies in Cyprus appearing not to have specific policies in place to identify and subsequently address specific risks relating to them. Our Committee is attempting to put together a concise policy guideline, to serve as a generic prompt to companies to start considering the various risks associated with them. These are matters to consider and by no means represent an exhaustive list of guidelines. Each company and sector will have their own particular risks which will need to be specifically addressed in drafting a comprehensive policy. 1. Introduction The company, as a whole, is committed to the identification, monitoring and management of operational, financial and other business risks. The risk management policy forms part of the internal controls and corporate governance of the company. The objective of the risk management policy is to assist the company to establish an effective system of risk oversight, risk management and internal control. The types of risks which may be faced by the company include: • Financial; • Legal and regulatory; • Operating; • Commercial; and • Health, safety and environment risks. 2. Roles and responsibilities a)The board of directors of the company (the “Board”) is responsible for the approval and oversight of the company’s risk management strategy, internal compliance and controls. The Board will undertake an annual review of the strategic and other material business risks facing the company as part of its strategic and business planning process. b)The Audit and Financial Risk Committee (the “AFRC”) is responsible for the assessment of financial risks arising from the company’s operations and considering the adequacy of measures taken to mitigate those risks. The AFRC will advise the Board on financial risk management and internal controls and assist the Board to fulfil its financial risk management and oversight responsibilities. c)The Physical Risks Committee (where applicable) oversees all aspects of the company’s risks with regards to: i. Safety, health, environment and security matters; ii. Enterprise-wide physical risk management; and iii.Compliance with legal and regulatory obligations relating to safety, health, and environment. 72 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 d)The Company’s Management is responsible for designing, implementing and monitoring the company’s risk management policies and internal control system. Management is required by the Board committees to report back on the efficiency and effectiveness of the company’s risk management process. 3. Risk Management Process The company’s process of risk management and internal controls includes: • Establishing the company’s goals and objectives, and implementing and monitoring strategies and policies to achieve these goals and objectives; • Continuously identifying and measuring risks that might impact upon the achievement of the company’s goals and objectives, and monitoring the environment for emerging factors and trends that affect these risks; • Formulating risk management strategies to manage identified risks and designing and implementing appropriate risk management policies and internal controls; and • Monitoring the performance of, and continuously improving the effectiveness of, risk management systems and internal compliance and controls, including an ongoing assessment of the effectiveness of risk management and internal compliance and control. Within the identified risk profile of the company, risk management practices are directed towards achieving the following objectives: • All major sources of potential opportunity for and thread to the company (both existing and potential) are identified, analysed and treated appropriately; • Business decisions throughout the company appropriately balance the risk and reward trade off; • Regulatory compliance and integrity in reporting are achieved; and • Senior management, the Board and investors understand the risk profile of the company. 4. Policy review An annual review of the company’s risk profile should be undertaken as part of its annual strategic and business planning and any material changes to the risk profile noted and incorporated in the plan. To assist the Board to conduct the annual review, Management and key executives are required to report to the Board committees on: • Any material risks identified; • How the risks are being managed; • The implementation of any risk management or internal control system; and • Whether any breaches of the risk management policies have occurred during the preceding 12 months. Auditing & Accounting Third Party Assurance Examinations: An Introduction to ISAE 3402 reporting standard for service organisations What is ISAE 3402? International Standard on Assurance Engagements (ISAE) No. 3402, Assurance Reports on Controls at a Service Organization, was issued in December 2009 by the International Auditing and Assurance Standards Board (IAASB). New leasing standard should give investors clarity By Eddy James Technical Manager, Financial Reporting ICAEW’s On 1 January 2019, IFRS 16 Leases will become effective. The publication of this standard is one of the most significant developments to date in the world of international financial reporting. Leasing is a major source of finance for businesses of all shapes and sizes, and the financial reporting of lease arrangements has long been recognised as far from satisfactory. Publication of the standard has therefore ended a long debate on how companies should report their leasing obligations – which has caused confusion for investors and other users of financial statements in the past. sector, but should not be underestimated. It will particularly affect businesses with a significant number of material off-balance sheet leases, including those in the transportation and real estate sectors. But the effects will not be limited to these industries. Retailers and other companies with significant leased premises should also prepare for major changes. There is a lot of work for companies to do to understand and implement the changes, not least in the area of data collection, and this work needs to be started sooner rather than later. Good news for investors The good news is that investment decisions should be made easier. IFRS 16 should give investors a more transparent and comparable picture of entities’ leasing obligations. Under current guidance, leases are classified as either “finance” leases or “operating” leases. The former appears on the balance sheet of the lessee, along with a related lease liability. In the case of the latter, both asset and the liability are offbalance sheet, with rental costs expensed in the profit and loss account over the lease term. Under the new standard, almost all major lease arrangements will appear on the balance sheet of the lessee for the first time. This major shift in a core aspect of global financial reporting addresses concerns about the extent of offbalance sheet financing in listed company accounts. As a result, investors and analysts will have access to transparent and reliable information about leasing commitments, without having to make difficult estimates about a company’s true level of debt. Major changes The impact of IFRS 16 will vary by business and 74 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Not just adjusting the accounting The potential implications also go way beyond a mere change in accounting; the standard will also have a significant effect on financial ratios and debt covenants. This is because the leased assets and liabilities will now be recognised on lessee balance sheets. Employee compensation arrangements, dividend planning and taxation may also be affected. Another concern is the need for the EU to formally endorse the standard before it can be used by European companies. The European Commission needs to get the complex process of endorsement underway as soon as possible, especially considering that some businesses may wish to adopt the new standard early. Obviously we cannot know at this stage whether it will ultimately be a success. But ICAEW believes it should be viewed as a positive move that will improve the transparency of financial reporting and boost investor confidence. By Theodoros Hadjistyllis Senior Consultant Enterprises Risk Services Department Deloitte Limited The purpose of an ISAE3402 review is to provide users of the report with an objective assessment that expresses an opinion about the control environment of a service organisation. This will be based on a standardised set of objectives, tested only once in a period. The user organisation receives a detailed description of the service organisation's controls and an independent assessment of whether the controls were implemented, suitably designed (type I report) and operating effectively (Type II report). Why did third party assurance report become important? Breakdowns in internal controls have been widely publicized in recent years and each new scandal brings with it a renewed focus on the importance of a sound system of internal controls. This in turn results in changes to regulatory requirements (e.g. Sarbanes-Oxley) over financial reporting. The requirement to focus on core activities and minimize costs has resulted in substantial growth of outsourcing and companies increasingly depend on third-party providers to deliver critical services. Consequently, organisations are being requested or required to provide more and more information about their internal control environment to a variety of external and internal stakeholders and thus resulting in outsourcing companies to look for thirdparty assurance to provide their clients with comfort about their internal controls. There are two types of Service Auditor's Reports: Type I and Type II A Type I report describes the service organization's description of controls at a specific point in time. A Type II report not only includes the service organization's description of controls, but also includes detailed testing of the service organization's controls over a minimum six month period and a maximum of eighteen month period. In a Type I report, the service auditor will express an opinion on (1) whether the service organization's description of its controls presents fairly, in all material respects, the relevant aspects of the service organization's controls that had been placed in operation as of a specific date, and (2) whether the controls were suitably designed to achieve specified control objectives. In a Type II report, the service auditor will express an opinion on the same items noted above in a Type I report, and (3) whether the controls that were tested were operating with sufficient effectiveness to provide reasonable, but not absolute, assurance that the control objectives were achieved during the period specified. Benefits of an ISAE 3402 assessment to service organisations Service organizations receive significant value from having an ISAE 3402 engagement performed. Some of the key benefits are outlined below: • Differentiates an organization from its peers by demonstrating the establishment of a sound control environment and commitment to safeguarding customer data. • Identifies opportunities for improvement in business process and operations. • Provide an independent third-party assurance about the service being provided to customer. • Benchmarking an organisation's control objectives and controls with leading practices and an accepted internal control framework (e.g. COSO) • More efficient external audit as reliance can be placed on the work performed for the ISAE 3402 purposes • Pinpoint existing internal and outsourcing organisation gaps in processes and controls that may increase risk • Providing additional comfort to management on the design and operation of controls • Generating increased awareness within the organization of the importance of controls and embeds a strong control culture • Demonstrating to existing clients and regulatory bodies that controls are in place and operating effectively • It results in reduced queries and testing from the service organisations clients and their auditors. This frees up service organisation resources to complete more ‘value add’ activities. • Increases the level of transparency of the organisation regarding its processes which builds trust with clients As a conclusion, the ISAE 3402 standard provides a wide range of key benefits to any service organization in various industries, especially during a time in which transparency, efficiency and effectiveness of the internal control environment have become core values for any organization seeking to differentiate from its peers and compete effectively in the current economy. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 75 Auditing & Accounting What are the changes proposed by Amendments? Overview Recent Developments on IFRSs 1.IASB issues exposure draft: Annual Improvements to IFRSs 20142016 Cycle By Yiannis Leonidou Deloitte Member of the International Auditing Standards Committee of the ICPAC The Bottom Line: • The exposure draft proposes amendments to the following Standards: o IFRS 1 First-time Adoption of International Financial Reporting Standards o IFRS 12 Disclosure of Interests in Other Entities o IAS 28 Investments in Associates and Joint Ventures • The IASB did not propose an effective date for the proposed amendments. However earlier application is proposed to be permitted • Comments on the proposals are due by 7 February 2016. Why are the amendments being proposed? The Annual Improvements process provides the IASB with the ability to make necessary, but non-urgent amendments to IFRSs that address unintended consequences, conflicts or oversights. The publication of the proposals in a single exposure draft is intended to streamline the standard - setting process, providing benefits for both interested parties and the IASB. The exposure draft proposes amendments to three IFRSs that meet the criteria for the IASB’s Annual Improvement process. 76 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 The purpose of this article is to outline recent developments on International Financial Reporting Standards as follows: 1.IASB issues exposure draft: Annual Improvements to IFRSs 2014-2016 Cycle: In the first part of this article we summarise the proposals set out in the recent exposure draft ED/2015/10 Annual Improvement to IFRSs 2014 - 2016 Cycle (the “exposure draft”) which was published by the IASB in November 2015 for public comment. 2.IASB publishes exposure draft addressing transfers of investment property: In the second part of this article we outline the proposed amendment to IAS 40 Investment Property set out in the recent exposure draft ED/2015/9 Transfers of Investment Property (the “ED”) which was issued in November 2015 for public comment. When would the amendments apply? The exposure draft does not specify an effective date for the amendment, though, if finalised, earlier adoption is proposed to be permitted. The comment period ends on 17 February 2016, and the IASB will determine the effective date after considering the comments received on the exposure draft. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 77 Auditing & Accounting 2.IASB publishes exposure draft addressing transfers of investment property The Bottom Line: • The IASB proposes an amendment to the guidance in IAS 40 that concerns transfers to, or from, investment properties. • Under the proposed new wording, an entity would reclassify a property to, or from, investment property when, and only when, there is evidence that a change in use of the property has occurred. The Standard’s current list of circumstances in which a transfer should be made is proposed to be re-presented as examples of evidence that a change in use has occurred. • The IASB does not propose an effective date for the proposed amendment. However, early application would be permitted. • Comments on the proposal are due by 18 March 2016. each of: • A transfer from investment property to inventory (the commencement of development with a view to sale); • A transfer from inventory to investment property (the commencement of an operating lease to another party); and • A transfer between investment property and owneroccupied property (the commencement or end of owneroccupation). The ED proposes retention of the requirement to make a transfer into, or out of, investment property when, and only when, evidence of a change of use of the property exists. However, it proposes to re-characterise the Standard’s current list of events constituting such evidence as only examples of evidence that a change in used has occurred. Why is the amendment being proposed? The IASB received a request concerning properties under construction or development that are classified as inventory. The submitter asked whether those properties could be transferred to investment property when there was an evident change in use other than the single circumstance currently described in IAS 40. The IASB found that IAS 40 was not sufficiently clear in that respect. What are the changes proposed in the ED? Under the existing requirements of IAS 40, transfers to, or from, investment properties are only permitted when there is a change in use of a property. The Standard then specifies one event that constitutes evidence supporting Observation In the basis for conclusions on this proposed amendment, the IASB explains that it does not propose adding more examples of circumstances that evidence a change in use. Instead, the IASB wants to continue to focus on the principle that transfers to, or from, investment property should reflect a change in the use of that property which is supported by evidence instead of merely being a change in management’s intention. When would the proposed amendments apply? The ED does not include an effective date for the proposed amendments. However, if finalized, earlier adoption is proposed to be permitted. The proposed amendments would be applied retrospectively in accordance with IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors. The comment period for the ED ends on 18 March 2016. The purpose of this Article was to outline the recent development on International Financial Reporting Standards. In the next edition of the Accountancy we will outline the proposals set out in the recent draft IFRIC Interpretation Foreign Currency Transactions and Advance Consideration. In addition we will provide an introduction to the provisions of IFRS 16- Leases. 78 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Taxation Amendments to the Cyprus tax laws to promote restructuring By Philippos Aristotelous Advocate / Partner Andreas Neocleous & Co LLC In December 2015 the Cyprus tax laws were amended to temporarily exempt loan restructurings from tax in order to facilitate and encourage the restructuring of non-performing loans. The amendments1 affect the Income Tax Law, the Capital Gains Tax Law, the Special Defence Contribution Law, the Stamp Duty Law, the VAT Law, the Collection of Taxes Law and the Department of Lands and Surveys (Fees and Charges) Law. In all of the laws a new definition of the term “restructuring” has been introduced, referring to the direct or indirect sale and transfer of immovable property and transfer of rights under a sale contract deposited with the Department of Lands and Surveys, between one or more borrowers, debtors or guarantors regarding the same credit facility or debt and one or more creditors taking place in 2016 or 2017 in order to reduce or repay credit facilities or loans or debts granted to borrowers with one or more licensed credit institutions operating in Cyprus. Following the amendments, any benefit, profit or gain arising in the context of restructuring is exempt from income tax, and any gain arising from the disposal of property in the context of a restructuring is exempt from capital gains tax. In the context of restructuring a lender disposing of a property or taking possession of it for the lender’s own use is deemed to acquire it at the value attributed to it for the purpose of the restructuring and the disposal proceeds in the hands of the lender are reduced by any amount returned to the borrower. In the event of part of the proceeds being returned to the borrower, any tax exemption granted to the borrower may 80 be liable to clawback: in this event the lender is responsible for withholding the appropriate amount and paying it to the tax authorities. The amendment to the Special Contribution for Defence Law provides that accounting profits arising in the context of restructuring are not subject to the deemed distribution provisions of the law. However, in the event of any part of the disposal value being refunded to the borrower, then this amount is included in the accounting profit of the borrower in the tax year in which the amount was refunded and is subject to the deemed distribution provisions. The amendments to the Stamp Duty Law provide that any contracts, mortgages or other documents used within the context of a restructuring are exempt from SD. The amendments to the VAT Law and the Collection of Taxes Law provide that any property acquired by a lender in the context of a restructuring remains subject to any existing charges or encumbrances, and that the tax authorities may require the borrower to replace them with equivalent security over another property. The tax authorities are given discretion to enter into a negotiated agreement with the borrower to settle any outstanding taxes in order to allow the discharge of any security. FATCA Vs CRS By Christina Themistocleous Assistant Manager Enterprise Risk Services Deloitte Limited Foreign Accounts Tax Compliance Act (FATCA) and Common Reporting Standard (CRS) are tax initiatives that were designed to reduce tax evasion. According to Richard Summersgill, director of criminal investigation, “the world is becoming a much smaller place for those who want to hide themselves and their assets behind anonymous corporate structures”`. the intergovernmental approach to implement FATCA. Similar to FATCA, the CRS requires financial institutions resident in the Participating Jurisdictions to implement due diligence procedures, in order to document and identify reportable accounts under CRS, as well as to establish reporting processes on the reportable accounts identified. Overview More than 100 jurisdictions, including Cyprus, participate to this OECD initiative, while the majority signed the Competent Authority Agreement, at OECD level. Based on an EU Directive, together with all EU Members (except Austria that is late adopter), Cyprus will apply CRS reporting as from 2017 (reporting on calendar year 2016). FATCA was introduced by the US Department of Treasury and Internal Revenue Service (IRS) in 2010 in order to encourage better tax compliance by preventing US taxpayers who hold financial assets in non-US financial institutions and other offshore vehicles from avoiding their US tax obligations. Cyprus concluded an InterGovernmental Agreement (IGA Model 1) with the US, in order to transpose FATCA obligations based on automatic exchange of information through the Tax Authorities. The Department of Lands and Surveys (Fees and Charges) Law already provided that no fees or charges should be levied for transfer or registration of immovable property in the context of a restructuring and the only change to that law is the introduction of the new definition. Since the introduction of FATCA in 2010, the development of other tax initiatives continues. Aiming to reduce tax evasion, the automatic exchange of information is increasingly becoming the standard system of exchange between tax authorities, with a growing number of countries participating in initiatives such as the OECD Common Reporting Standard (CRS). 1. Laws 208(I) and 209(I) of 2015 amending the Special Defence Contribution Law 117(I) of 2002; Law 210(I) of 2015 amending the Department of Lands and Surveys (Fees and Charges) Law Cap 219; Law 211(I) of 2015 amending the Stamp Duty Law 19 of 1963; Law 212(I) of 2015 amending the Income Tax Law 118(I) of 2002; Law 213(I) of 2015 amending the Capital Gains Tax Law 52 of 1980; Law 214(I) of 2015 amending the Collection of Taxes Laws 31 of 1962 and 80(I) of 2014; and Law 215(I) of 2015 amending the Value Added Tax Law 95(I) of 2000. The CRS is the standard for automatic exchange of financial account information (“AEOI”), developed by the OECD. The CRS is a comprehensive reporting regime that draws extensively on ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 FATCA Vs CRS: The scope of CRS is broader than FATCA, as it aims to identify tax residents in any of the 100+ jurisdictions participating in CRS. CRS differs from FATCA as the reporting is based on tax residency and not citizenship status. Financial institutions will need to collect specific self-certifications covering the CRS required information in order to identify and report account holders that are resident in any of the 100+ jurisdictions. Therefore, the account scope of CRS may be significantly greater than FATCA, due to the fact that most thresholds applicable under FATCA are not applicable within CRS while the categories of entities that have to provide information on Controlling Persons are broader. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 81 Taxation Key differences between FATCA and CRS: Governing Authority FATCA: The governing authority are the United States, specifically the US Department of Treasury and Internal Revenue Service (IRS). CRS: The governing authority are the 96 separate tax jurisdictions from which 55 are considered early adopters and 41 late adopters. Registration FATCA: Financial Institutions need to register with the IRS and obtain a Global Intermediary Identification Number (GIIN). CRS: There is absence of central registration process. Financial institutions may possibly need to register with local authorities to submit their yearly CRS report, but no new global identifier will be required. Withholding FATCA: Financial intermediaries that fail to comply with the reporting obligations (or clients of those financial intermediaries who fail to provide sufficient information to the intermediary to be classified correctly for FATCA purposes) may be subject to a punitive 30% FATCA withholding tax on their direct (and at a later stage, indirect) sources of US income. CRS: No Withholding. Absence of withholding under the CRS, but possible imposition of penalties by the tax authorities of the signatory jurisdictions. Account Scope FATCA: US Individual Accounts, US Entity accounts and Passive Non-Financial Foreign Entities (NFFE) accounts held by substantial US owners. CRS: Individual and Entity accounts held by tax residents of any CRS participating jurisdiction or Passive Non-Financial Entities (NFEs) with Controlling Persons that are resident in any CRS participating jurisdiction. The number of CRS reportable accounts may be greater than reportable accounts under FATCA. Thresholds FATCA: Under FATCA, individual accounts with balances of $50,000 or less and entity accounts with balances of $250,000 or less are excluded from review and reporting, if elected by the financial institution. CRS: With the exception of preexisting entity accounts, no thresholds are applicable. 82 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Documentation requirements FATCA: Forms W-8/ W-9 are used to capture all tax data. CRS: US Tax Forms are not acceptable because they do not capture all CRS data. Specifically, CRS self-certifications are needed to capture CRS specific data such as multiple tax residency and CRS legal entity classification. Additionally, Controlling Persons are required to provide their own self-certification. It is noted that the selfcertification can be provided in any form, but in order to be valid, the Standard sets out that it must be signed (or otherwise positively affirmed) by the Account Holder, be dated, and must include the Account Holder’s: name; residence address; jurisdiction(s) of residence for tax purposes; TIN(s) and date of birth. New Accounts of Preexisting Account Holders FATCA: The current US FATCA Regulations allows certain new accounts opened by account holders of Preexisting Accounts to be treated as Preexisting Account. CRS: The conditions for a New Account to be treated as a Preexisting Account are similar to those in the current US FATCA regulations. However, is not allowed when the account holder of a preexisting account needs to provide new, additional, or amended customer information. Therefore, CRS limits the cases where new accounts can be considered preexisting. Key challenges Complying with CRS reporting implies significant challenges on the operating model of many Cypriot financial institutions and other institutions. In an international financial place like Cyprus, it is expected that the number of account holders, and the volume of data to be reported, will increase substantially compared to the data exchanged for FATCA purposes. The financial institutions must be updated and informed on the new regulations around these tax initiatives, manage relationships with multiple tax authorities, educate and inform their staff and clients on account opening procedures and evidently on reporting requirements. All these changes will have a huge impact upon their systems and processes, and will require enhanced controls. It is therefore expected, that a need for more automated reporting systems and the demand for outsourcing solutions, will arise. The EU Anti-Tax avoidance package: An antidote in the making By Costas A. Markides, Board Member, International Tax Department, KPMG On January 28th the European Commission delivered on its promise and unveiled an Anti-Tax avoidance package. The package mainly consists of two legislative proposals addressing on the one hand, measures supportive of anti-Base Erosion and Profit Shifting (the EU-BEPS) with an aim to create a simpler, levelled and ‘fairer’ level of taxation within the EU and on the other hand, non-public country by country reporting (CBCR) through an amendment to the current EU Directive on Administrative Cooperation in the field of direct taxation. The package also includes measures for a coordinated approach towards good governance with third countries and last but not least, recommendations to tackle treaty abuse. The contents of the EU anti-Tax avoidance package released, mirrors the 2013 BEPS Action plan undertaken by the Organization for Economic Cooperation and Development (OECD) under the direct instructions of the G20 and is built on the fundamental premise of aligning the country of activity with the country where tax is paid, only this time with EU member States at the center of this. The latest measures as laid out in the anti-Tax avoidance package, should be seen in the overall context of the European Commission’s “Action Plan”, which was adopted by the European Parliament on the 16th of December last year and drafted by the Committee on Economic and Monetary Affairs (ECON), regarding matters of coordination, transparency and convergence of corporate taxation policy within the EU. The determination of the EU to get the leading grip on the fight towards tax evasion was apparent from the very first days following the aftermath of the ‘LuxLeaks’ scandal back in November of 2014, leading to the adoption of a triple target by the European Parliament; increased transparency in all financial transactions within the EU, coordination as far as possible of the national tax authorities within the EU, and convergence of all tax systems within the EU, to an extent which will enable the European Council to speak with ‘one voice’ at the international scene. Without this article aiming to venture into or analyze the numerous and composite tax issues that have mounted and now surfaced as a result of an old and out of date international tax system (not excluding aggressive and even abusive tax practices) and the global financial meltdown which resulted in deteriorating public finances around the globe, it became obvious that the EU proposed anti-tax avoidance package is simply an antidote in the making. With imminent risks that have not yet been determined (let alone being measurable) with first and foremost the complete absence of an estimable assessment of the impact that such an endeavor may have on the fragile economy of each member state. The uncalled eagerness of the EU to go beyond OECD BEPS proposals and become the champion of tax transparency at the cost of endangering the competitiveness of the internal market is another grave risk that need not be taken in my opinion at this stage. In light of the fact that third countries are openly reluctant to adopt similar measures. The need for coordinated action in tackling tax evasion not excluding the automatic exchange of tax information is objectively speaking a move in the right direction. If this were to be achieved on a global basis, then the commendable efforts undertaken by the EU and the OECD would have generated immediate and quantifiable results in the global struggle against tax evasion. The problem however which arises, in my opinion, concerns the fact that there are many countries (most of them situated in the Americas, Asia and the Middle East) who have not committed to the above standards, nor have they expressed any intent to willingly do so in the future. As a result, the EU and the OECD are left competing on their own as to who will tackle most effectively the phenomenon of tax evasion and tax avoidance (lately these two concepts have increasingly and alarmingly been used as synonyms, which is a fundamental mistake). The absence of a conclusive and binding solution for all countries with no exceptions, as concerns the aspiration to effectively tackle tax evasion and promote corporate tax consciousness as the global standard, will lead to a more intense phenomenon of capital flight out of the fragile European banking system, resulting in the prolongation of the recession in the EU, or at a best case scenario lead to sluggish recovery for certain European countries. We all agree with the principle of increased and improved measures that will enhance global transparency and accommodate to the maximum a tax levelled playing field for all. This endeavor can succeed only under the condition that this will apply to and be implemented by all and for all. ‘A la carte’ solutions which are non-binding for all countries will not only fail to solve the global issue of tax evasion and avoidance, but on the contrary will undeservedly serve as to reward those countries which do not comply, whilst penalizing those countries that do. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 83 Taxation • transfers its tax residence out of a MS or • transfers its PE out of a MS. A ‘switch-over’ clause: The aim of proposed Article 6 is to ensure taxation of income in respect of businesses in a low tax non-EU country, i.e., ensuring a minimum level of tax on revenues derived from that income. There is no equivalent provision in the G20/OECD BEPS report. European Commission proposes Anti-Tax Avoidance Package (ATAP) – Part I By Joanne Theodorides Director Tax Advisory PwC Cyprus On 28 January 2016, the EU Commission (EC) presented its ATAP, which consists of seven parts: • a general policy ‘Communication’ on the ATAP and the proposed way forward • legislative proposals for an Anti-Tax Avoidance Directive (draft ATA Directive) • legislative proposals for an amendment to Directive 2011/16/EU to coordinate implementation of G20/OECD BEPS country-by-country reporting (CBCR) requirements • a general policy ‘Communication’ on an EU external strategy for effective taxation • proposed ‘EC Recommendation’ to EU Member States (MSs) on the implementation of G20/ OECD Base Erosion and Profit Shifting (BEPS) recommendations on double tax treaty abuse and on permanent establishments (PEs) • an EC Staff Working Document, and • a study on Aggressive Tax Planning The first four parts of the ATAP are discussed in more detail below. The remaining parts will be discussed in Part II in the next edition of this publication. General policy ‘Communication’ on the ATAP and the proposed way forward In this Communication the EC notes that the majority of businesses do not engage in aggressive tax planning and suffer a competitive disadvantage to those that do. The EC also notes that MSs suffer significant revenue loss as a result.1 While the EC generally commends the G20/OECD BEPS project, which released its ‘final’ report in October 2015, the EC states that the EU can and should go further to ensure that MSs develop a ‘common standard’ and level playing field by implementing the ATAP in a coordinated manner. The Communication also refers beyond the ATAP indicating that the Common Consolidated Corporate Tax Base (CCCTB) is the EC’s preferred solu- tion to profit shifting, transparency, and effective corporate taxation in the EU and the EC is aiming to adopt the new CCCTB legislative proposal in Autumn 2016. The ATA Directive The proposed ATA Directive would apply to all taxpayers (including PEs) that are subject to corporate tax in MSs (per proposed Article 1). The proposed Directive includes minimum standards to be enacted irrespective of whether the situation involves cross-border transactions. It would not prevent MSs from having other anti-avoidance rules designed to give greater protection to corporate tax bases (per proposed Article 3). No transitional rules are included in the proposed ATA Directive. The key provisions in the proposed ATA Directive include: Interest deductibility: Article 4 proposes a rule restricting net borrowing costs to the higher of EUR 1 million or 30% of the taxpayer’s taxable earnings before interest, taxes, depreciation, and amortization (EBITDA). The proposed Directive also includes suggested language for a group ratio that differs from the potential group ratio rule suggested in G20/OECD BEPS Action 4. There is a temporary exclusion for financial undertakings (as defined in Article 2). Rules for exit taxation: The Article 5 proposals aim to prevent tax base erosion with tax jurisdiction transfers without any ownership change. There would be an exemption where the transfer is temporary with the intention to revert to the transferor state. There is no equivalent provision in the G20/ OECD BEPS report. The market value (arm’s length) of the assets involved in the transfer minus their tax value (written down or otherwise) is to be taxed where a taxpayer: • transfers assets (between a head office and its PE, or between PEs) out of a MS or 1 In this context aggressive tax planning is defined by the European Commission (EC) as “taking advantage of the technicalities of a tax system or of mismatches between two or more tax systems for the purpose of reducing tax liability. It may result in double deductions (e.g. the same cost is deducted both in the state of source and residence) and double non-taxation (e.g. income which is not taxed in the source state is exempt in the state of residence)”. 84 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 MSs would not be able to exempt a taxpayer from tax on: • profit distributions from an entity in a non-EU country • proceeds from the disposal of shares held in an entity in a non- EU country or • income from a PE in a non-EU country, where the entity/PE is subject to a statutory corporation tax rate which is less than 40% of the statutory rate applicable in the taxpayer’s MS. Instead, these amounts must be subject to tax with credit for foreign taxes. This is not designed to apply to losses. General anti-abuse rule (GAAR): The aim of proposed Article 7 is to tackle abusive tax practices not dealt with through other specific provisions. There is no equivalent provision in the G20/ OECD BEPS report. The proposal is effectively a direction for tax authorities to apply a standard EU-wide GAAR to ignore arrangements where the essential purpose is to obtain a tax advantage that defeats the object or purpose of the tax provision and where the arrangements are regarded as non-genuine. The tax liability would then be ‘calculated by reference to economic substance in accordance with national law’. Within the EU, this would be limited to ‘wholly artificial arrangements’ to ensure compliance with the EU fundamental freedoms and case law. Controlled foreign company (CFC) rules: CFC rules for entities subject to a low level of taxation are proposed in Articles 8 and 9. A low level of taxation is considered 40% of the parent’s effective rate, and the CFC rules apply if more than 50% of the entity’s income falls within specified categories (generally, passive income). If the CFC is domiciled in the EU/European Economic Area (EEA), the rules would apply only if the entity’s establishment is wholly artificial or the entity engages in non-genuine arrangements with the essential purpose of obtaining a tax advantage. Hybrid mismatch rules: Proposed Article 10 aims to prevent outcomes where there is a double deduction or deduction with no income inclusion. It seeks to address mismatches between MSs’ tax systems arising due to the use of hybrid entities or hybrid instruments. Hybrid mismatches between MS and non-EU countries will be further examined at a later stage. Under the proposed treatment in the ATA Directive, characterization of the entity or instrument in the MS where the payment has its source would be followed by the other MS involved in the mismatch. Coordinated implementation within the EU of G20/OECD BEPS Action 13 CBCR requirements The EC proposes coordinated implementation within the EU of the G20/OECD BEPS Action 13 CBCR requirements by extending the scope of the Directive 2011/16/EU. This is popularly known as DAC4, as the fourth iteration of the so-called Directive on Administrative Cooperation. Since most EU MSs are also OECD members, and already have committed to implementing Action 13, this amendment could be adopted in Council within weeks if MSs do not raise new technical issues. DAC4 would require, inter alia, large multi-national groups to provide to tax authorities a template analysing by tax jurisdiction; revenue, profit before income tax, income tax paid and accrued, number of employees, stated capital, retained earnings and tangibles assets (other than cash or cash equivalents). DAC4 could take effect in 2017 and could require reporting for accounting periods beginning from 1 January 2016. The EC is already looking beyond DAC4 and is expected to issue a proposal for CBCR with public disclosure of information in Spring 2016. Communication on an EU external strategy for effective taxation The communication on an EU external strategy for effective taxation outlines the EC’s ideas for promoting tax governance with non-EU countries, such as through a special clause in trade agreements, and assistance to developing countries on tax matters. Most importantly, the EC wants a common EU system for assessing, screening and listing third countries. The communication does not address the counteraction against listed countries. An update of the EC’s controversial June 2015 list of non-EU country, non-cooperative tax jurisdictions is available online in an interactive map. The takeaway The legislative proposals of the ATAP will be submitted to the European Parliament for consultation and to the Council for adoption. Before endorsing and implementing the various documents, all MSs must consent on a unanimous basis and decide on the way forward. Although it is uncertain when and in what form the ATAP will be enacted, it is important to monitor updates and further developments. If the ATAP is enacted in some form, it may significantly impact multi-national enterprises in the EU. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 85 Taxation Living in Cyprus: A scrumpTAXious Proposition Cyprus has always been an attractive tourist destination, as well as a great place to relocate and call home. Being family and business friendly, it has so far won over the hearts of over 180.000 foreign nationals who live and work here, making up 22% of the country’s total population. By Nicolas Papapanayiotou, BSc, MBA, FCCA Senior Manager, Taxation Department Costas Tsielepis & Co Ltd Now, Cyprus has further reinforced another aspect of its allure: that of personal taxation. Having recently adopted highly attractive domicile provisions, the island aspires to also become an ideal country for private domiciliation. Below is an analysis of the reasons why. 1.TAX RESIDENCY AND DOMICILE The key to understanding personal taxation in Cyprus lies with the important concepts of ‘tax residency’ and ‘domicile’. a) Tax Residency A Cyprus tax resident physical person is any person who is physically present in Cyprus for more than 183 days in a calendar year, regardless if that person owns or rents accommodation. b)Domicile According to the domicile concept under the tax legislation, every person has at any given time either: i. the domicile received by him/her at birth (‘domicile of origin’), or ii. the domicile (not being the same as the domicile of origin) acquired or retained by him/her by his/her own act (‘domicile of choice’). For tax purposes however, a non-domiciled individual will be deemed as domiciled in Cyprus if he/she has been a Cypriot tax resident for at least 17 out of the last 20 years prior to the relevant tax year (deemed domicile rule). An individual who has a domicile of origin in Cyprus, may still qualify as non-domiciled subject to certain conditions, namely to have not been a Cyprus tax resident for a consecutive period of 20 years. 2.TAXABLE INCOME A tax resident individual is subject to income tax 86 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 on his/her worldwide income. Where such person is also not domiciled in Cyprus, for a period of at least 17 years, i.e. until the person is deemed domiciled in Cyprus (see above) then: • no Cyprus tax is payable on receipt of any dividend income from anywhere in the world (although on foreign dividends, the source country may withhold taxes); • the provisions whereby a Cyprus tax-resident company must declare at least 70% of its after-tax accounting profits within two years (known as the ‘deemed distribution rules’), do not apply to that proportion of shareholding beneficially owned by a non-Cyprus domiciled individual; • no Cyprus tax is payable on receipt of interest income from anywhere in the world (although on foreign interest, the source country may withhold taxes). A non-tax resident is subject to income tax on income accruing or arising only from sources within Cyprus and is exempt from any Cyprus tax on dividend and interest income. 3.INCOME TAX RATES Taxable income, i.e. gross income less exemptions less deductions, up to €19.500 is exempt from income tax. The taxable income exceeding this amount is subject to progressive tax rates ranging from 20% to 35% (the higher rate being for taxable income exceeding €60.000). 4.EXEMPTIONS One of the following exemptions is available for individuals moving to Cyprus to commence employment: • Either, 20% of the employment income, up to a maximum of €8.550 annually This exemption applies from the start of the year following the year of employment, until the 2020 tax year inclusive, but cannot be granted for a total period exceeding five years. • Or, 50% of the employment income A 50% exemption applies to salary income of a non-tax resident individual, who takes up resi- dence in Cyprus to work for an employer in Cyprus. The exemption applies for a period of 10 years starting from the first year of employment, provided that the annual income of the employee exceeds €100.000 per annum; and - the exemption will not be available where the individual was a Cyprus tax resident in any three of the previous five tax years (only applies to employments that commence on or after 1 January 2015); and - the exemption will not be available where the individual was a Cyprus tax resident in the year preceding the year of commencement of employment (only applies to employments that commence on or after 1 January 2015); and - the exemption will be granted for any tax year in which the 12-month total gross emoluments from the employment exceed €100.000, regardless if in a specific tax year, these were less than €100.000. 4.1 Exemptions for overseas employment Where an employee is Cyprus tax resident, then salaries from rendering services outside Cyprus to a non-resident employer or to an overseas permanent establishment of a resident employer for more than 90 days in a tax year are exempt from income tax. In order for the 90 day rule to apply there must be an employee/employer relationship. 4.2 Exemptions on titles Any gains arising from the disposal of shares, bonds and other similar equity financial instruments are exempt from income tax. ing two options: • the pension can be taxed under the progressive income tax rates with the first €19.500 taxfree; or • the first €3.420 of the foreign pension tax free, with the balance taxed a flat rate of 5%. Any lump sum received as a retirement gratuity is exempt from tax. 6.DEDUCTIONS In general, the below deductions are available for Cyprus tax resident individuals: • donations to approved charities; • payments relating to special contribution; • payments relating to the Social Insurance Fund and similar contributions, even when paid abroad; • payment relating to premiums for life insurance (limited to 7% on the insured capital amount) and contributions to pension plans. • there is an overall limit on personal allowance deductions (i.e. for life-insurance premiums, contributions to funds including pension and social insurance) of 1/6 of the taxable income before these deductions. • payments relating to premiums paid to approved medical funds are tax deductible, provided that they do not exceed 1,5% of the gross salary income. ex.1 Any income from a buy-back or redemption of units in funds is also exempt from income tax. 4.3Exemption from capital gains tax on sale of real estate Capital gains arising from the disposal of immovable property situated outside Cyprus is exempt from any Cyprus taxation. Where Cyprus property is acquired between 16 July 2015 and 31 December 2016, no capital gains tax will apply on its future disposal. 5.ADVANTAGES AVAILABLE TO PENSIONER EXPATRIATES ON PENSION INCOME A Cyprus tax resident receiving a pension from abroad can choose every year one of the followACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 87 Taxation 7.WEALTH, GIFT, INHERITANCE, ENDOWMENT AND EXIT TAXES Cyprus generally does not impose wealth, gift, inheritance, endowment or exit taxes. 8.HOW DOES IT WORK? PRACTICAL EXAMPLES a) EXAMPLE 1 - Dividend and Interest Income A non-Cyprus domiciled individual relocates to Cyprus in December 2015. During 2016, while being a Cyprus tax resident, she received €150.000 dividends from Cyprus companies and €750.000 from foreign companies. She also received €15.000 interest income from her Cypriot personal savings account and €25.000 interest income from a notice account held with a foreign bank. No foreign tax was withheld on the interest income received from the foreign banks. ex.2 The total interest and dividends income received will be exempt from Cyprus tax. b) EXAMPLE 2 - Remuneration Mr. Ivanovic relocated to Cyprus in December 2014 and started working in Welcome-To-Cyprus Ltd from 1/1/2015 as a Senior Regional Manager earning an annual gross salary of €110.000. His annual salary of €110.000 relates to employment services rendered within Cyprus. Mr. Ivanovic also travelled to Dubai, of the UAE, to work for Welcome-To-Cyprus Ltd’s Dubai branch for an aggregate period of 4 months. During the period in Dubai, Mr. Ivanovic received an extra salary of €25.000 and an overseas special allowance of €7.500. Calculation of Mr. Ivanovic’ 2015 income subject to tax in Cyprus is as follows: Badges of trade The Tax Tribunal of Cyprus, with its present composition, completed the first two years of the four, for which its appointment applies. By Costas Procopiou FCCA Tax Tribunal Counselor The difference in the majority of the Appeals that we have handled in these two years, relates to the treatment, from the Tax Department, of profits arising in cases of property disposal by Taxpayers. Specifically, if the profit is deemed to be of a capital nature, it falls within the provisions of the “Capital Gains Tax Law” (N.52/1980) as amended, while, if it is deemed to be trading, then it falls within the provisions of the “Income Tax Law” (N.118 (1)/2002) as amended. If the gain is considered to be of a capital nature, it will be taxed by 20%, while, in the case that will be considered trading in nature, it will be taxed by 10%, or 12.5% for companies (depending on the fiscal year in which the profits arise), and approximately by 24.89% for individuals in hypothetical taxable profit of €100,000, with no other income and deductions. In cases of other income (wages etc.) there is an increased possibility that this factor will be higher. This difference in the tax effect, is the root cause of dispute between the Tax Department and Taxpayers in most (if not all) of the cases examined by the Tax Tribunal. Whether a trans- 88 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 action has the marketing character, or investment realization, is a mixed matter, legal and real. There is abundant case law, both British and Cypriot. The Court decisions, have established the following: i. Each case is examined individually and is decided by the application of the Law and the guidance of the reports, on the facts and circumstances of each case. ii."Badges of trade" have been established through the court reports. iii.These “badges” are objective, are not exhaustive and none alone is decisive. iv.Ultimately, what defines the true nature of a transaction, is the cumulative effect of all the elements which form it. Below are the established by the Court “Badges of trade" with a general analysis: 1. The subject matter of the transaction The nature of the object is an important factor in deciding the question which arises. It should be considered whether: - the object generates income (if it does, it will most likely be considered to be of capital nature) - the object was purchased for personal or fam- ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 89 Taxation ily reasons e.g. artworks (not subject to income tax) - the object is part of a trading stock (in which case the transaction will be considered as a trading one). 7. Method of financing the cost of acquisition 2. The length of ownership 8. Knowledge of the owner The short duration of property’s ownership is usually an indication of trading nature of the transaction. However, due to the fact that there is no specified time for each kind that may be the subject matter, it is understood that this criterion, like all the others, is examined alone, and in combination with the rest. 3. The frequency or the number of similar transactions by the same person The frequency of similar transactions is an important factor as to whether a transaction will be considered as a trading one. The more similar transactions have been made by the same person, the higher the probability to classify the transaction as a trading one. 4. Supplementary work done on the disposed property Supplementary work carried out on an asset, in order to enhance its value and thus to become more marketable, is an indication of trading. For example, a purchase of a plot of land and the division of it into building plots, was considered as individual trading transaction, when part of them were disposed in a few months. 5. Circumstances responsible for the disposal In the case of land purchase for development in buildings for rent, but for unforeseen reasons, the development does not take place and the land is sold, such action may not be considered as an individual act of a trading nature. Similarly, a forced sale for fundraising in an emergency situation is an indication that the transaction is not trading. 6. Motive This is probably the most difficult to detect. If there is an obvious intention of a person to make a quick profit from a transaction, the transaction, will more likely be classified as a trading one. Usually this badge will be used to reinforce the examination/evaluation of other badges, such as the duration of property ownership, the disposal circumstances etc. 90 Fraud ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 PwC’s Global Economic Crime Survey 2016 The purchase of an asset by getting a loan, and the sale of it or part of it for repayment of the loan is a sign of a trading transaction. The owner's knowledge sometimes is an important factor in deciding whether a transaction is a trading one. For example, the case of a taxpayer who was a technician in an architect’s office and purchased land in coastal area under tourism development and sold in a short time period. The profit gained was considered to be trading. 9. The method of acquisition The purchase of an asset is a strong indication, that in case of disposal, the transaction will probably be an individual trading act, provided that there are other criteria, such as short property ownership, etc. By contrast, the disposal of property acquired by way of gift or by inheritance, usually is not considered to have a trading substance. 10. What happens with the disposal proceeds This factor is quite useful to support the position that the disposal was not aimed at trading profit. If the disposal proceeds are used for new purchases of similar goods, is more likely to have a trading disposal, while if they are set aside, is more likely to lead to a disposal of capital nature. The above 10 badges of trading, as already mentioned, have been established by the rich case law of the matter, are not exhaustive and none by itself is not determinative. Each case is unique and what will determine the true nature of a transaction, is the aggregate result. By Michalis Tallis, Member of the Economic Crime and Forensic Accounting (EFCA) Committee* According to PwC “More than a third of organisations have experienced economic crime in the past 24 months” as reported by over 6,300 respondents” in to PwC’s Global Economic Crime Survey 2016. The sample analysed by the survey span across 115 different countries. The companies interviewed ranged from huge multinational firms to private business across a variety of different industries in the private sector as well as government departments. “This year’s results show that the incidence of economic crime has come down, for the first time since the global financial crisis of 2008-9, albeit marginally by 1%” as PwC points out in their survey. These incredible statistics by PwC show how large and extensive the problem of financial crime is. Living in Cyprus and listening to the news with all the various financial scandals revealed daily makes our perception of this type of crime even more acute. Despite the millions of dollars spent to tackle economic crime this is still going strong. Despite the fact that the PwC survey shows a 1% decrease in this type of crime, its effect is still huge and it still inflicts a great cost on the global economy. The 2016 report demonstrates how economic crime has evolved over the past years, and how it has transformed into different modes depending on industrial sector and region. Since cash is o longer the prime method of payment for most business activities and since businesses have expanded across national borders, criminals are devising very sophisticated ways of action with a view to defraud their employers and their countries. Traditionally financial crime was associated with the Financial sector, in the past few years however other business sectors like mining and transportation and logistics, which traditionally were thought to be free of such crime, now show that they can also be vulnerable. Hence the survey points out that “it is the type of crime and its perpetrators that are changing rather than the crime per se going down”. Additionally PwC survey stresses the need for organisations to understand where their risk lies. Risks are different in different markets as well as across industries. For example countries in Asia pacific, Eastern Europe and Africa are more susceptible to bribery, corruption and procurement fraud, i.e. fraud relating to tenders and/or purchasing materials, services etc on behalf of the company/government. Procurement crime is more likely to happen in large organisations of more than 10,000 employees, or in government departments where procedures and controls are weak and not very transparent. The PwC survey results were focused on the three areas companies have to give priority to when they want to curb financial crime: 1.Cybercrime: This is the type of crime that involves a computer and a computer network and in which the computer may be used to commit the crime itself, or it may be the target of the criminals. This type of crime has shown a significant increase since PwC last survey. 2.Money laundering: In the past few years there has been a significant increase in regulation and hence the cost of compliance relating to this topic. Anti money Laundering officers and manuals were introduced and also the local police fraud squads got heavily involved in the process. However the PwC survey could not report an equivalent reduction in this type of crime. 3.Ethics and Values: These are increasingly important as a first line of defence on compliance and the PwC survey stresses that even the most rigorous compliance methods would fail if the culture of a firm is unethical or corrupt. Some respondents to PwC’s Global Economic Crime Survey 2016 (45% of the total) expressed a belief that local law enforcement agencies have the ability and the capacity to fully deal with economic crime. The majority think that more can be achieved through better training and determination. The survey goes on to stress the fact that “today more than ever before, a passive approach to detecting and preventing economic crime is a recipe for disaster”. To emphasize this fact, the survey exposed a prevalent lack of confidence in local law enforcement agencies which is a phenomenon that is not limited to regions or level of economic development of the country itself. The message in the report is clear: “the burden of preventing, protecting and responding to economic crime rests firmly with organisations themselves.” In addition to highlighting specific areas of economic crime worth focusing on, the Survey emphasises the things a company can do better to confront them. It stresses the need to implementing more sophisticated and efficient measures that can not only reduce these risks, but also bring the benefits of a more “threat-aware” business, one that will be confident on how to improve its defences in a changing world.” Michael Tallis has a BA degree in Economics from The University of East Anglia UK. Also qualified FCCA and ACA ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 91 Fraud tend to believe that closer links between business and politics lead to corruption. Nepotism and Patronage: a Barrier for Cypriot Companies, says the EU Corruption is a serious challenge for all societies, and the EU is no exception. The cost of corruption in the EU and its Member States has been estimated at EUR 120 billion annually. By Maria Konstantinou (SociologistCriminologist) is an Officer and Researcher at Transparency International -Cyprus. info@ transparencycyprus. org. Practices are in place to fight corruption throughout the EU. To address this phenomenon, the Commission has implemented a range of measures to fight corruption, such as the Stockholm Programme and the Anti-Corruption Report (ACR) of the EU. The ACR report was published in 2014 and its aim was to monitor and evaluate anti-corruption efforts in the EU Member States. The next report is due in the autumn of 2016. The Eurobarometer survey conducted in 2013 and published in 2014 was designed to investigate the level of corruption, how it is perceived and how it is experienced by companies engaged in the following sectors: energy, minerals, oil and gas, chemical, healthcare and pharmaceutical, engineering and electronics, motor vehicles, telecommunications and information technology, construction, and financial, banking and investment services. ...corruption or abuse of power for personal gain among politicians, party representatives and senior officials at the national level, is widespread. 92 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 The 2015 Eurobarometer on Business and Corruption was conducted by telephone interviews from 21 September to 9 October 2015, with a sample of 7996 people in the EU and was published in December of 2015. The Cypriot participation was 180 business representatives. The results showed that in 2015, seven out of 10 companies (71%) stated that corruption is widespread in their country, compared to the survey conducted in 2013. In Cyprus, the rate is 93%. Compared with 2013, there is an increase of 10% of companies in Cyprus who consider as a problem patronage and nepotism. Regarding the practice of bribes, 52% of companies in Cyprus said this is the most widespread problem. There is an increase of 19% compared to 2013. Compared with 2013, 2015 shows an increase in favouritism of family and friends in companies and public organizations in Cyprus. In fact 87% of the Cypriot companies consider this as a problem which hinders competition in business. Also, Cyprus has reported the highest percentage of companies that believe funding of political parties is carried out in exchange of public contracts or influence over policies. Just like in the previous Eurobarometer companies in Cyprus Moreover, significant is the finding that nine out of ten companies believe that corruption or abuse of power for personal gain among politicians, party representatives and senior officials at the national level, is widespread. First is Greece with 91%, followed by Cyprus with 89% and Italy with 88%. According to the Eurobarometer, noteworthy is the fact that 90% of these companies said that corruption is widespread in their country, and at least ¼ of the companies reported that corruption is one of the most common practices in their country. The percentages concerning Cyprus showed an increase of 18% compared to 2013. Following Bulgaria and Greece, a percentage of 85% of companies in Cyprus agree that bribery and the use of connections is often the easiest way to obtain certain public services. For the 25 Member States, companies tend to believe that money or gifts of 1 to 50 euros constitute a bribe. Fifty-four percent of companies in Cyprus share this view. Also, more than half of the companies from 22 Member States reported that the practice of tailor-made specifications for public procurement is widespread. There is a perception amongst the Cypriot companies (75%) that public procurement procedures are tailor-made for particular companies and that (a) conflict of interests in the evaluation of bids (76%), (b) collusive bidding (70%), (c) involvement of bidders in the design of specifications (67%), and (d) amending the contract terms after the contract is concluded (55%) is widespread. 85% of companies in Cyprus agree that bribery and the use of connections is often the easiest way to obtain certain public services. nies in Finland (64%), Cyprus (61%) and Denmark (60%) are the most likely to agree people or businesses caught for petty corruption are appropriately punished? Companies in Cyprus have identified the following barriers of doing business: (a) patronage and nepotism (56%), (b) access to financing (61%), (c) inadequate infrastructure (67%) and (d) lack of means or procedures to recover debt from others (73%) is a problem for their company. (e) complexity of administrative procedures (53%) (f)tax rates (48%) (g) ast-changing legislation and policies (47%) (h) restrictive labour regulations (44%) Corruption misallocates resources, fosters misguided and unresponsive policies and regulations, lowers investment levels, reduces competition and efficiency, lowers public revenue for essential goods and services, increases public spending, reduces competition and efficiency, and lowers growth. Transparency International- Cyprus through it actions initiatives and the Business Integrity Forum for companies, aims to reduce corruption in Cyprus. Join the initiatives in an effort to reduce corruption in our country. As for the punishment of the corruption, compaACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 93 Fraud blow the whistle upon seeing someone committing a crime, an illegal act or a wrongdoing, in order to mobilize other police officers or the general public. The act of whistleblowing has 4 elements: (a) the whistleblower; (b) the whistleblowing act; (c) the person to whom the complaint is made; and (d) the organisation against whom the complaint is made. The Achilles Heel of Whistleblowing Protection Part A By Maria KrambiaKapardis (PhD, M.Bus, B.Ec, FCA, ACFE) Associate Professor of Accounting, Cyprus University of Technology, Chair and Founding Member of Transparency International Cyprus and Andriani Papageorgiou ( BBA) Researcher, Cyprus University of Technology 94 The 2015 Eurobarometer1, has found that in Cyprus there is a perception by companies (93%) that corruption is widespread in the country. The business respondents believe: (a) there is abuse of power for personal gain by politicians, party representatives or senior officials; (b) there is bribery, kickbacks, favoritism and nepotism and (c) corruption in the local government has increased since the 2013 survey by 21%. These phenomena have also been noted in the National Audit Office’s Audit Report for 2014 where mismanagement of public funds and risks of corruption are well documented. The Auditor General has made many suggestions/recommendations for improvement of the entities audited. The European Commission in its 2014 Anti-corruption report has also made a number of suggestions to the Republic of Cyprus in combating corruption. Transparency International Cyprus has been advocating for measures to be implemented by the government since 2013. The government has been demonstrating in recent months the political will to reduce corruption. Efforts have been made by the Ministry of Justice and Public Order, the Treasury, the Presidency, the Attorney General and the Auditor General to implement anti-corruption measures. One of the topics advocated by Transparency International -Cyprus (TIC) has been the enactment of legislation on protecting the Whistleblowers. Whistleblowing has proven to be an ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 effective anti-corruption mechanism and a powerful tool that helps in deterring fraud, violations and malpractices within organizations, corporations and the public sector. Thus, “greater whistleblower awareness results in more observed corruption coming to light and being successfully prosecuted”2. In addition, through the implementation of such legislation, an entity’s top management can correct and eliminate specific wrongdoings thus enabling them to develop and implement the correct ethical culture and work environment. In fact, greater whistleblower awareness results in more observed corruption coming to light and being successfully prosecuted. TIC has carried out a survey of whistleblowers, has organized an international conference on the topic and published a report, all of which are available on the NGOs website3. The Ministry of Justice and Public Order has prepared a Bill which is subject to review by the office of the Attorney General before being sent to Parliament for discussion. The term whistleblowing can be described as expressing a concern about a wrongdoing within an organization, such as a corporation, an association, an institution or a union. Such disclosure must be made in the public interest and should relate to the cover up of matters that could potentially result in a miscarriage of justice, a crime, criminal offence and threats to health and safety. The disclosure ought to be made in good faith and it is not considered a complaint. The origins of the term ‘’whistleblowing’’ come from the practice of British police, who would Whistleblowing is becoming a powerful weapon for corruption prevention and sometimes is the only way to reveal such information. However, in order to help the common good, a whistleblower is taking some serious personal risks. He/she may be burdened with negative stereotypes and derogatory labels such as ‘informer’ or ‘snitch’, or he may face retaliation in his career, face a lawsuit, threats of physical harm and in extreme cases death threats. The above difficulties illustrate obstacles to the fight against corruption, at the expense of the public interest, as many choose to remain silent at the risk of personal or financial burdens being created. There are over 200 well known whistleblowers4 listed on the Webb. The stories of Edward Snowden, who released classified material on top-secret NSA programs; John Kiriakou who disclosed that the CIA water boarded detainees constituted torture and Sherron Watkins, who exposed the Enron financial scandal- have been covered and glorified by the media. The stories of those whistleblowers who have lost their jobs, have suffered personal humiliation, have had their family lives destroyed and have reached personal financial catastrophes remain in the shadows. A survey conducted of Cypriot whistleblowers and intended to- be- whistleblowers has provided some significant findings that are worth considering by the authorities. Some of these findings are: • The Cypriot whistleblower is a male (46-55 years), married with or without dependent children, in full-time position and would not hesitate to blow the whistle again. • The Cypriot whistleblower is in top management, with professional qualifications. • The consequences faced by the whistleblowers were: fired, bullied, demoted and harassed. • Apart from those with minor dependent children who would not blow the whistle again, the rest of the whistleblowers would do it again because they believe work ethics is above financial incentives, and money. • Knowing of the consequences of their nondisclosure now, 65% of the would-be whistleblowers would not blow the whistle, because they believe ‘nothing would happen’. • Interestingly, 81% would not be motivated by a financial incentive to decide to blow the whistle. • Immunity protection against retaliation of being fired would have influenced the decision of only 36% to blow the whistle. • In fact, 89% of the respondents would blow the whistle if there was a legal obligation to do so, with a provision that failing to do so would render them equally accountable and therefore criminally liable. • It is worth mentioning that 72% of the respondents felt that cases like the Stock Exchange Scandal, the Helios Incident, the Mari Explosion, the banking crisis would not have been prevented the incidents even if we had a whistleblowers protection legislation because the authorities would not have acted upon the information. The survey findings illustrate that not only there is a legislative gap as far as whistleblowers is concerned but an expectation that the authorities ought to be taking a holistic approach to the matter. Part B of the article, to be published in the next issue of Accountancy, will address legislative reforms and suggestions made by the European Commission and Transparency International-Cyprus. In fact TIC recommends a holistic and comprehensive framework in addressing Whistleblowing since legislation is not always a panacea in addressing corruption. 1 European Commission (2015) Flash Eurobarometer 428, Business and Corruption http://open-data.europa.eu/en/data/dataset/S2084_428_ENG [10/1/2016] 2 Goel K., R & Nelson, M. 2013, “Effectiveness of whistleblower laws in combatting corruption”. Available at http://www.suomenpankki.fi/pdf/171843. pdf [accessed 27/1/2015] 3 www.transparencycyprus.org 4 https://en.wikipedia.org/wiki/List_of_whistleblowers ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 95 Real Estate Oversupply DEFINITION OF ‘OVERSUPPLY’. Investopedia An excessive amount of a good or other substance. Oversupply results when demand is lower than supply, thus resulting in a surplus. Real estate cycles can be separated into four distinct phases based upon the rate of change in both demand and supply. By Panos Danos FRICS, VRSc, C. Env. - CEO DANOS / BNPPRE Group Figure 1 depicts the market cycle in terms of occupancy rates. Occupancy is the difference between total supply (including newly constructed space) and effective demand as measured by absorption. Markets are defined as having two up-cycles (recovery and expansion) and two down-cycles (hypersupply and recession). In reality, markets always have either demand growing faster than supply or supply growing faster than demand. The demand and supply growth rates are equal only at the peak of the market cycle, with existing space plus new construction exactly matching new demand. Figure 1 PREDICTING THE FUTURE The next decade will be different from the cycles of the last three decades. Most economists predict moderate, but stable demand growth. The technology revolution is similar in opportunity and employment impact to the industrial revolution, but the major difference is that we now have a global economy instead of a national economy, and the magnitude of economic growth may be substantially greater than the past. What will “The New Economy” mean to real estate? The technology revolution (note that we will soon enter the space revolution) has actually created more employment opportunities and the need for more space of many types. Technology employment has created major demand for office space, more efficient inventory control has caused demand for large warehouse space, land based retail continues to grow as people have more money to spend and apartments are in large demand from the young people. People still need real estate to work, sleep, shop, eat and play. The supply of space will be much more constrained than previous cycles for a number of reasons. First, the constraints on building have increased. Over the past two decades, the number of impact studies, permits and approvals necessary to build projects have more than tripled in cost and time. Environmental impact studies, traffic impact studies, storm water runoff management and other societal impacts must now be analyzed and mitigated before development approvals are given. The cost of construction labor and materials has increased at high rates. A “start-up” development company is now much more difficult than it was in previous cycles and many of the major commercial developers have become long-time investors by turning their companies into REITs. Also now, is much more difficult to justify new space without an analysis of existing competitive construction and user demand for existing space. Figure 2 The rental growth theory assumes that growth rates for asking rents are a function of the market’s position in the real estate cycle phase as indicated by market occupancy. This theory holds that rental growth will be below inflation when market occupancies are low, while rental growth rates will exceed inflation when market occupancy is high. Additionally the 96 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 theory assumes that the rental growth rates will steadily increase in up-cycles and rental growth rates will steadily decrease during down-cycles. Thus, during the recovery phase of the property cycle, rental growth rates should be negative near the bottom, increasing only as the cycle moves toward the long term occupancy average. Figure 2 displays the occupancy to rental growth relationship for different phases of the cycle. CYPRUS REAL ESTATE: IS IT A GOOD INVESTMENT? It was said that foreign investors and buyers are looking for properties in Cyprus, driving the real estate demand to an all-time high. It was said that acquiring a holiday home in Cyprus can be a real opportunity of those interested in buying a residence. Some say that, “Declining incomes, zero mortgage financing, an oversupply of real estate property, have crashed the Cyprus real estate market, therefore saying that Cyprus real estate is a buyer’s market is an understatement”. HOW DO APPRAISERS DETERMINE IF THERE IS AN OVERSUPPLY OR SHORTAGE OF HOMES? Keep in mind that real estate is location and property specific, and just because there is a shortage in one area, does not mean this is true all over. In addition, supply and demand can vary among homes in different price ranges, so we may see a shortage of homes for sale in the €100,000 to €200,000 price range but an oversupply of homes for sale over €1,000,000. Valuers always been required to research and analyze market conditions in their appraisal assignments. As a conclusion Oversupply is not a definite term. Oversupply or Overdemand cannot hold for ever. The Cyprus Real Estate Market is volatile at present, but is definitely a good place to invest for the future. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 97 Real Estate Paphos is leading the course towards recovery in the residential market according to the RICS Property Index Dr. Petros Sivitanides Associate Professor of Real Estate and Director of Real Estate Programmes at Neapolis University Paphos The residential market represents the largest and most active segment of the Cyprus property market. Furthermore, due to the high percentage of homeownership in our country, house prices and their fluctuations have a significant effect on household wealth and, therefore, on consumption and the broader economy. The impact of house price fluctuations on the country’s economic system is exaggerated by the strong link between the property market and the health of the banking system, as a large part of the loan portfolios held by banks is secured by residential property. For this reason, the recovery of the housing market is a significant requirement for the continuation and acceleration of the country’s economic growth. According to the latest RICS Property Index data, the Cyprus housing market is one step closer to stabilisation and recovery, with Paphos leading clearly the course towards recovery in both the apartment market and the market for semi-detached houses. More specifically, as indicated in the graphs below, the year-on-year rate of price decreases at the national level was decelerating during 2015 and reached -0.3% in the case of semi-detached houses and -1.8% in the case of flats during the fourth quarter. However, the trends in residential prices have not been the same in the different Cyprus districts. Paphos seems to be leading clearly the course towards recovery as the prices of semi-detached houses on a year-onyear basis remained stable in the first quarter of 2015 and registered increases over 2.5% in all the other quarters, while at the same time they have been declining in all other districts (except Larnaca). Also the apartment market in Paphos was the only one that registered stable prices on a year-on-year basis in the last two quarters of 2015, although apartment prices in all other districts were falling, with Nicosia registering the largest year-on-year fall (3%) in the fourth quarter of 2015. Analysis of the quarter-on-quarter changes confirms also that in 2015 Paphos led the stabilisation of prices in the apartment market and the recovery of prices in the market for semidetached houses. Real Estate expectations Failing to strike a balance Since the middle of 2008 real estate prices took a plunge, till about six months ago, when process stabilised. It is expected that prices will remain unchanged during 2016. No projections beyond that can be made as a lot of unknowns, affecting prices, come into the equation. By George Mouskides General Manager, FOX Smart Estate Agency Chairman Cyprus Association of Property Owners (ΚΣΙΑ) Here we need to clarify that the House Price Indices that are published by the Central Bank of Cyprus, and which are available up until the third quarter of 2015, are registering different trends than the ones portrayed by the RICS property index. In particular, in the third quarter of 2015, house prices continued to fall on a year-on-year basis in all districts including Paphos, which recorded along with Larnaca the smallest reductions (2.3% and 2%, respectively). A similar picture is depicted by the Central Bank indices for the apartment market, with the exception of Limassol, which registered a 1.7% year-on-year increase. In terms of quarter-on-quarter changes, the Central Bank indices registered for Paphos a 1.5% increase in apartment prices and stabilization in house prices during the third quarter of 2015. The reported trends in house prices are consistent with the increases in the number of sales contracts that were recorded in all months of 2015, with the exception of May and August. According to Land Registry data, the largest year98 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 on-year increase in sales contracts took place in March (31%) and the second largest in October. Overall, in 2015 the number of sales contracts increased by 9% compared to 2014. Of course, the fact that prices continued to decline in most districts indicates that there is still a demand deficit. The up-to-date data for 2016 shows that demand for property continues to rise, as the total number of sales contracts that were submitted in the first two months of this year increased by 28% compared to the sales contracts that were submitted in the first two months of 2015. The anticipated continuation and acceleration of the economic growth in 2016 and 2017, the tax incentives that expire at the end of this year, and the revision of the criteria for granting an immigration permit via the expedited procedure are expected to lead to further increases in demand for residential property and, eventually, to the stabilisation and recovery of prices, assuming that there will be no negative developments in the meantime and that the supply side with remain under control. The volume of transactions hit rock bottom in 2013, reaching a low 3.767, following a record year in 2007 with 21.245 sales. 2014 and 2015 recorded increases of 20% and 9% respectively, reaching 4.952 in 2015. Expectations The upward trend is expected to continue in 2016 and is estimated to be anywhere between a 10%-15% increase. A sales volume in the real estate sector during a ‘normal’ year should amount to about 10.00012.000 transactions. Based on the above it is easily understood that we have some distance to cover to arrive at a normalised market but the prospects are positive. Paradox Despite the above facts and figures we now have the sellers arguing that market conditions have suddenly improved immensely and higher asking prices are justified. Buyers at the same time opt to walk down the pessimism path, indicating that the economic crisis is still to hit bottom and prices will further decline. It is clear that the two groups live and operate in two different and distant worlds and will never achieve what both should be aiming for, that is set up and finalise a property transaction. Being Cypriots, it is true that we are known to have difficulty striking a balance between the two extremes, on many issues. Instead of walking a straight line, many a time we’ll either jump off the cliff or take off to the skies. Improvement There are a lot of indications that the real estate market will grow at a slow but steady pace. It will also probably be below the normal volume of transactions and prices. There are of course factors which may affect these projections. Namely, the progress of settling non-performing loans and foreclosures, rate of new bank loans, economic growth, unemployment rates, buyers’ psychology and many more. These are unknowns which could shift the market either way. The possibility of a solution to the Cyprus problem was not mentioned on purpose; as such a development would generate a whole new dynamic for the real estate sector. Summing up we would expect that prices will remain stable for a period of time while sales are expected to gradually rise but remain below normal levels for quite some time. Both sellers and buyers should exercise common sense and evaluate all factors in their true dimensions rather than being led into making wrong decisions either by over-optimism or over-pessimism. ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 99 IT In the case of Cyprus, highly publicized forms of attack were Police Ransomware attacks. These are essentially trojans that prey on uninformed PC users by displaying a message that appears to be from the Cyprus Police that their computer has been locked because they have viewed illegal pornography or downloaded copyrighted material. The message contains logos and extracts from the Cyprus Police Website (picture on the left) and is usually accompanied by a Winlocker component that locks the infected computer and prevents the victims from accessing their files unless they pay a fine online. In the last couple of years, the ransomware trojans have evolved, like CryptoLocker, and can now encrypt the victim’s data (e.g. Word/Excel/PDF files, pictures, songs, movies) and ask for a ransom to be paid in return for the decryption key (password). Since most users and SMBs don’t keep backup copies of their data, they end up paying a lot of money in hope that the attacker will be kind enough to provide them with the decryption key. Such attacks have been quite common in Europe during the past five years and have allowed criminal groups to generate millions of Euros. Beware: You have been hacked! “There are two types of companies: those who have been hacked and those who don’t yet know they have been hacked” (John Chambers, CEO of Cisco) By Anna Zavou Christoforou Commissioner of Internal Audit of the Republic of Cyprus In November 2014, the hacker group “OurMine” leaked on the Internet a plethora of confidential data from one of the world’s largest film producers: Sony Pictures Entertainment. The leaks included personal data about employees and their families, e-mails, executive salaries and copies of unreleased films. An investigation by the FBI concluded that “the malware that was used would have slipped or probably got past 90% of internet defenses that are out there today in private industry and would have challenged even state government,” (Joseph Demarest, Assistant Director of the FBI’s Cyber Division). Sony is just one of the many examples of major organizations who have admitted that they have been hacked in recent years. The list is very long and includes companies like EBay, Amazon, Yahoo and CNN as well as a number of key Government Departments like the US Inland Revenue Service, the FBI, the US Department of Homeland Security and NASA. Economies in the information age are based on computerization, evolving from the Industrial revolution of the 18th century to the Digital age. Unlike conventional assets, information assets are in most cases intangible and potentially accessible from anywhere on the planet through the internet. In this age, information security has become a critical risk factor. Hackers nowadays range from enthusiastic teenagers like Jonathan James who managed to infiltrate the US department of Defense at the age of 15, to professional hackers working for the Public or Private Sector, Cybercriminals, Cyber terrorists and Hacktivists. 100 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 Cyber terrorists are generally politically or religiously motivated hackers whose goal, not unlike conventional terrorists, is to generate fear. Hacktivists on the other hand, are politically motivated anarchists with a more ethical agenda. Most of their activities seek to promote human rights, freedom and free speech. On the other side of the fence, many governments and corporations have established cyberdefense and cyber-attack units for both defensive and preemptive strikes. Perhaps the most famous example of a government-originated preemptive cyber-attack was that of Stuxnet, a malicious computer worm believed to have been a joint creation of Israel and the United States (Operation Olympic Games). Stuxnet’s goal was to attack the programmable logic controllers used by Iranian nuclear centrifuges at Natanz in an attempt to cripple Iran’s nuclear program. By infecting removable storage devices such as USBs and by exploiting vulnerabilities in Microsoft Windows systems, Stuxnet was able to attack targets within private networks not directly connected to the Internet. The internet has enabled criminals to bypass physical borders and in recent years we have witnessed an unprecedented number of cyberattacks against persons and corporations with a financial motive. The Conficker worm is probably the most famous example of such an attack. By infecting computers via numerous techniques, it was able to steal personal data, banking credentials, credit card numbers, usernames and passwords. It also allowed the attacker to use the infected PCs as base stations for future attacks. In 2015, the British insurance company Lloyd’s estimated that cyber-attacks cost businesses as much as $400 billion dollars per year and it should be pointed out that this is hardly the most optimistic estimate as various vendors like McAfee have reported even higher figures. By infecting computers via numerous techniques, it was able to steal personal data, banking credentials, credit card numbers, usernames and passwords. keep winning the war. Companies and people should realize that becoming a victim of a cyber-attack is only a matter of time and most of us may in fact have already been hacked. Malware is continuously being discovered within even the most secure of organizations. Stay tuned as in the next issue we discuss ways to help you protect your business and personal data from such attacks. The Internet is a battlefield between hackers and defenders and unless we grasp the importance of cyber security the hackers are likely to ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 101 IT THE EXCEL WIZARD Question: Is it worth upgrading to Excel 2016? By Stratos Panayides BA(Econ), ACA – Training Consultant at AKTINA Encryption By George Agathangelou Professional Services Director, BSc CIT, MSc CSN IBSCY Ltd The word encryption comes from the Greek word Kryptos, meaning hidden or secret. According to wikipedia “encryption is the process of encoding messages or information in such a way that only authorized parties can read it. Encryption does not of itself prevent interception, but denies the message content to the interceptor.” Why would a company want to encrypt their data or communications; Well starting from the simplest is to avoid the data being read by the wrong person accidentally, to protecting sensitive confidential personal /financial data from malicious attacks. Email is the default form of business communication, both internal and external. It is so critical in business today, and this is shown by a study by the Huffpost Tech, U.S. white collar workers spend 6.3 hours a day checking email. Email goes through a number of routers, servers, proxies, until it arrives at its final destination, during which it is at risk of an attack. Sent unencrypted anyone with an intent can intercept and read, modify or even block the email, since it is in plain text. According to a 2015 email statistic report by Radicati group, (a technology market research firm), there are 205 billion emails send and received daily, according to Google between 4050% of emails sent between Gmail and other email providers are not encrypted. Translating the aforementioned to all email providers and email servers we can assume that approximately 100 billion emails are prone to attack from hackers. There are a number of software/technologies that can encrypt emails both where stored, as well as, in transit and the cost is not dissuasive. In the same way as email encryption works, we can proceed to encrypt files, folders or even our entire disks. It is usually common advice to encrypt everything, but the average users don’t really need to encrypt everything. Some examples 102 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 of where encryption would actually help are: 1.If your laptop is lost or stolen: Sensitive data can be protected if the laptops’ disk is encrypted. Chances are that if your laptop is stolen the thief most probably wants the actual laptop rather than the data on it; But still there are numerous cases that the laptop holds either company sensitive information or even personal information such as passwords etc… 2. Storing Sensitive data online: For the average user storing data online the security features and even encryptions used are adequate, but for professionals in industries which are regulated they should address certain considerations. Considerations such as, is the vendor secure enough to earn a professional users trust? What is the security in regards to granular controls? Is it secure enough to mitigate user mistakes? Does security comply with regulations? Wizard: Before any upgrade considerations, make sure that you are aware of your existing version’s functionality. The following conversation is typical of how some Advanced Excel course participants react when we show a feature unknown to them: “Wow, this is really impressive. It must be a new feature, right?”. “No, it has been there since the 1997 version”! One way to address the upgrade issue is a traditional cost and benefit analysis. The cost depends on which Office licensing option you already have, including whether you have the Office 365 subscription, the Microsoft software assurance (maintenance) agreement in place etc. On the benefits side: These, of course, are difficult to quantify since they depend on your own subjective assessment of the productivity and decision-making improvements as a result of adopting the new version. One thing is for sure: If you are upgrading from Office 2007 or even 2010, the benefits will be more than if you are upgrading from the immediately previous version 2013. Below are six such improvements, some of them only available to Office 365 subscribers: 1.The new Insert - 3D Map button, which gives a geographical visualization, even recognizing locations in Cyprus… 2.One click forecasting: Using the new Data - Forecast Sheet button, you get a forecasted chart based on historic values, using an exponential or a linear relationship. 3.New Functions: Probably the most interesting one is IFS(logical_test1;value_if_true1; [logical_ test2;value_if_true2];…) which is quite efficient when it comes to multiple conditions/tests, replacing previous lengthy nested IF functions. 4.Auto-complete for functions now gives you all functions containing, not just beginning with, certain letters you type. 5.7 New charts, including Sunburst and Waterfall. 6.New Tell me (a handy help assistant for Excel functionality), Smart Lookup (giving Wiki articles and other top web searches) and Simpler Sharing with other Excel users - these are new features across all Office 2016 applications. On the data analysis side, you also have new functionality: 1.A new Data - Get & Transform group of buttons replace the previous Power Query add-in, simplifying the retrieval of data from various sources based on criteria. 2.PivotTable improvements. 3.Ability to quickly publish and share analysis reports with Power BI. Question: How is Power BI compared with Excel? Wizard: Power BI is Microsoft’s separate Business Intelligence tool, previously an extension of Excel, with enormous analytical and visualisation functionality including dashboards with graphs, maps and KPI’s. It extends Excel’s PivotTable, Power Pivot and Query capabilities to new levels, in an extremely user-friendly manner. Because of its importance for decision-makers, we will devote some of our future articles to its impressive capabilities: 3. Business Policies: This is purely to comply with companies’ policies, they are put in place to avoid becoming one of those companies we hear on the news that a company’s laptop was stolen with a database of thousands if not millions of customers and all their details including financial records. Of course this is what should be encrypted in the first place! Encryption is a must, especially in this digital era or travelling professionals and malicious attackers lurking on every corner. Implementing encryption either on emails / files or entire laptops is quite easy and the cost vs the risk is quite low to justify implementing it. The real question is what do I need to encrypt? Do I need to encrypt everything? What is considered Sensitive data for me or my company? ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 103 IT Visit ICPAC’s website www.icpac.org.cy - - - - - Follow all Institute’s news, announcements, events and other activities. Keep connected to the developments of the Institute and the profession. Find all licensed professional accountants. Use the website both as a library and as a gateway to other useful links. A useful tool and reference point for all members, students and affiliates of the Institute. Use ICPAC’s website to promote your services, business and commercial messages. Electronic Discovery & Digital Forensics for Internal Investigations Most of today’s companies would not be in business without the technology that allows them to instantly create, search, send, retrieve, and store information. It is often the case that an entire business dispute, investigation or multimillion euro litigation may hinge on identifying when a single piece of data was communicated, generated, altered or deleted, by and to whom, and under what circumstances. By Christos Makedonas Discovery & Digital Forensics Deloitte Ltd The world is witnessing increasing incidences of business misdemeanours such as fraud, corruption, bribery, conflicts of interest, corporate codeof-conduct violations, regulatory non-compliance, and others. This calls for effective monitoring both by regulators as well as corporates. It is a fact that the need of commercial and internal investigations will exponentially increase due to the market particularities, the economic challenges and moreover due to the dramatic surge of cyber-attacks. It is also a fact that nowadays, evidence in a case is not going to be primarily from tape recorders, printed documents or handwritten notes. Instead, evidence will reside in electronic documents, spreadsheets, emails, file shares, social media accounts, in the cloud, or moreover on smart phones and tablets. Such evidence is also known as Electronically Stored Information (ESI). Organisations, and internal investigation teams (such as the Internal Audit Units and Internal Legal Services) must have the capability and support that’s necessary for collecting such data to successfully use it in their cases. When an investigation contains electronic media (laptops, disks, servers, mobile devices, cloud data etc.) and large amounts of data from multiple users / custodians, residing in different locations, the internal investigation team may not know where to turn for guidance. Electronic Discovery (eDiscovery) is designed to manage large volumes of data during 104 ACCOUNTANCY CYPRUS • VOLUME 122 • MARCH 2016 investigations - whether the data is already available in electronic format or in hard copy - as well as efficiently managing all technical aspects. Discovery services include forensic data collection, handling, retention, hosting, analysis and review of data with specific tools and methodologies in order to find information and evidence relevant to the investigation. Discovery services can be tailored to the specific needs of each investigation by including only those specific phases of interest. The forensic technology specialists, forensic and investigative professionals, technologically advanced computer labs and sophisticated software can offer new, innovative solutions to the corporates’ complex investigation, data privacy issues, legal problems and litigation challenges. Digital Forensics professionals can recover, analyze and correlate a wealth of information from electronic media such as computer hard drives and backup tapes, including active, deleted, hidden, lost or encrypted files; file fragments; and even files that were merely viewed but never saved. Under the umbrella of Discovery Services the following services are included: eDiscovery, eDiscovery Readiness, Forensic Data Collections, Digital / Cyber Forensics, Data Recovery, Cloud Forensics, Mobile Forensics, Expert Witness support, Incident Response, Incident Readiness and Crisis Management. To confront all the aforementioned challenges promptly, businesses, internal investigation teams and their legal counsel can benefit from the assistance of forensic investigators and eDiscovery. Overall, Discovery can provide many of the specialized methodologies and technologies necessary to support a company’s position and help them in their efforts to prevail. Raise the awareness of your business to more than 3.600 members and 3.000 students, as well as other visitors and users. Availability to advertise in all sections of the website (ie the public section, members section and student section), with link facilities to web addresses of your preference. Availability to advertise vacant positions in your organization to a large number of users and visitors. Competitive rates offered for annual and semi-annual postings. Contact the offices of the Institute for more details and prices. Advertise with “Accountancy Cyprus” magazine The official quarterly business journal issued by the Institute and circulated free of charge to more than 7.500 recipients, including, inter alia, ICPAC members and students, government and business officials, government departments, embassies, international bodies and major corporations both in Cyprus and abroad. “Accountancy Cyprus” is also available in electronic form at www.icpac.org.cy Contact the offices of the Institute for more details and prices for single and group ads. 6 t h N I C O S I A ECONOMIC C O N G R E S S 2016: A Breakthrough Year for the Economy? T h e S t a t e o f t h e C y p r u s E c o n o m y a n d P r o s p e c t s f o r 2 016 - 2 018 Thematology • A Review of the EU-IMF Aid Programme and the Economic Forecast for 2016-2018 • Structural Reforms: Transforming & Developing the Economy • Transforming the Health Sector: The Proposed National Health Service • How Cyprus is Viewed by Foreign Institutional Investors • Foreign Investment Prospects and Opportunities for Cyprus • The Business Sector: Opportunities and Threats Featuring Speakers Harris Georgiades Minister of Finance Constantinos Petrides Under-Secretary to the President George Pamboridis Minister of Health Christodoulos E. Angastiniotis Chairman of the Board, CIPA Panel Discussions CEO Panelists • Andreas Pittas, Executive Chairman & Founder, Medochemie • Dinos Lefkaritis, Executive Director Finance, Petrolina Holdings • Pavlos Photiades, Managing Director, Photos Photiades Group Academic Panelists • Sofronis Clerides, Associate Professor, Economics Department, University of Cyprus • Andreas Charitou, Professor, Accounting and Finance Department, University of Cyprus • Alexandros Michaelides, Professor of Finance, Imperial College, London Thursday 26th May 2016| 09:00 - 14:30 | Hilton Hotel | Nicosia For further information contact: IMH, 5 Aigaleo Str., 2057 Strovolos, P.O.Box 21185, 1503, Nicosia, Cyprus Tel. +357 22505555 Fax. +357 22679820, E-mail: [email protected], website: www.imhbusiness.com Coordinator Communication Sponsors Organizers