AccountancyCyprus
Transcription
AccountancyCyprus
AccountancyCyprus N 110MARCH2013 o www.icpac.org.cy THE TIME FOR THE resuscitation OF THE CYPRUS ECONOMY ! W O N IS The Journal of the Institute of Certified Public Accountants of Cyprus ΠΕΡΙΟΔΙΚΟ ΤΑΧΥΔΡΟΜΙΚΟ ΚΛΕΙΣΤΟ ΕΝΤΥΠΟ ΤΕΛΟΣ ΠΛΗΡΩΜΕΝΟ ΑΔΕΙΑ ΑΡ. 133 ΑΔΕΙΑ ΑΡ. 239 Editor’s note: as of this issue w n tio la u rc ci d n e publication a f the The delay in th the economy o in ts n e m p lo ve unexpected de be caused by the articles had to e m o S . h rc a M ht of the last fortnig themes country during page and main r ve co e th f o t n adjustmen rewritten and a . was necessary , fore March 15 e b n e tt ri w re e rticles w umber of the a f affairs. In addition, a n present state o e th ss re xp e t ay no and therefore m President ’s Address Dear members, It is with great reflection that I communicate with you following the events since Saturday 15 March which have laterally shaken our personal and professional lives. Theo Parperis President Institute of Certified Public Accountants of Cyprus The conditions set by Eurogroup and Troika for the financing of Cyprus bail out are undoubtedly very harsh. They are harsh not because of the tough financial terms imposed but because they have destroyed the confidence and trust of our banking system and tarnished the image of Cyprus as an International Business Centre. This was the first time in Eurozone that unsecured Depositors have been asked to contribute significantly for the “bail-in” of under-capitalised banks, in this case of Laiki and Bank of Cyprus. Top economists in the world (e.g. Nobel prize winner Dr Krugman) and the top financial organisations and media e.g. FT, Moody’s’ etc have described the decision as wrong, even, irrational not only for Cyprus but for the whole Eurozone. This decision is expected to cost tens of billions of Euro deposits fleeing out of Eurozone to UK, USA and the Far East. In Cyprus, however, we have learned throughout the centuries not to cry over spilt milk but rather concentrate on what we need to do the next day. We have learned this throughout our turbulent history, most recently after the Turkish invasion of 1974. Without doubt our political and Governmental system has disappointed us. The road culminating to the current crisis has been a long one. EU, top world economists, the World Bank and rating agencies have been warning us for over 2 years, about the dire state of our economy and banking sector. Our Institute was one of the local bodies that have been lobbying for almost two years asking the Government to cut costs, promote growth and provide incentives which would improve Cyprus competiveness as an International Business Centre. As early as autumn 2011 we, as ICPAC, have given specific proposals in writing to the Minister of Finance and other Government bodies on how to regenerate the economy. our views, proposals and opinions to the Government and we have also made them public in order to be as effective as possible. Since the crisis started, I have received an overwhelming support from our members, other officials and the public in general about the clarity and quality of our views and proposals. Our Institute took the initiative to summon other important stakeholders of the economy, namely the Cyprus Chamber of Commerce and Industry, the Cyprus Bar Association and CIPA, and jointly prepared a common proposal of 10+1 actions, which was sent to the President of the Cyprus. These 10+1 measures constitute immediate actions necessary to be taken in order to maintain Cyprus as an International Business centre. We strongly believe that if the Government adopts our 10 plus 1 proposals, then Cyprus will continue to be a credible International Business Centre with prospects. The message from the great majority of our International and local clients is clear. Despite their losses and initial shock and understandable disappointment they are willing to give Cyprus a second chance, provided that Cyprus demonstrates that it has learned from its mistakes and will not repeat them. We will stay in the front line of events in order to leverage the ocean of intellect and expertise that our Institute possesses through its members, committees and firms, in order to ensure that our profession continues to have a bright future. We owe this to the new generation of our members who have shined in the recent world exams of international accounting bodies such as ICAEW and ACCA. Finally our thoughts are with those members that have lost their job and we wish them to get back into employment the soonest possible. Unfortunately although we have succeeded in implementing some of these changes (e.g. 80% exemption on Intellectual Property, financing companies, Funds,) not enough was done to avoid such a painful outcome. What matters now is how we react! As I have already stated it is in our DNA, to do rebound. From the first day we, as ICPAC, have given ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 3 Contents March 2013 – No. 110 ISSN 1450-2380 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. Editor Ninos Hadjirousos, FCA Deputy Editor T. Anastasiades, B.Sc., M.A. (Econ.) Editorial & Institute Offices 11 Byron Avenue, CY-1096 Nicosia P.O.Box 24935 1355 Nicosia – Cyprus Tel. 22870030, Telefax 22766360 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. E-mail: [email protected] URL:http://www.icpac.org.cy Institute News Professional Briefing Interviews P.4 P.7 P10 P11 P.14 Revised ICPAC Regulations for P.18 Interview of Mr. Patrick Scullion, practising the accounting Ambassador of Ireland profession as from 1/1/2013: New practising certificates Council’s Activities Commitee’s Activities New Members Upcoming activities GM’s corner P.12 4 Think’n ahead ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 Contents Auditing and Accounting P.60 P.61 P.62 Economy P.24 Banking Sector: The Economic Crisis as an Opportunity to Design and Implement the Right Strategy P.26 Breaking Down Barriers, Boosting Growth P.28 Economic crisis and women the European Parliament’s view P.29 Issue and offer of financial instruments to the investing public P.30 Overcoming the present economic crisis P.32 Innovative Entrepreneurship: Why Israel succeeds and Cyprus fails? P.34 The End of the Innocence Time and money have finally run out for the government but there is an even greater underlying problem in Cyprus P.36 The reactivation of the Cyprus Economy P.38 Austerity Measures and Restructuring: The lessons we didn’t get P.42 The benefits derived from the Cyprus Double Tax Treaty network under the current economic circumstances P.44 The Aftermath from the Elections: What Lies Ahead? P.46 Should Cyprus be grateful for Euro Zone Financial Assistance? P.48 Back to the pound, what does it mean? P.50 The Implementation of Quality Management System ISO 9001:2008 in the Cyprus Public Sector P.52 PIMCO’s expected loss and its accounting treatment P.53 Are deposits in danger, or is there something else hidden behind this threat? P.54 Privatisations – benefits and concerns P.56 ECONOMIC BULLETIN The Cyprus and International economy Control under IFRS 10 Sharing auditors’ insights IFRS has been transformational for international investors what next? Business P.64 The importance of the development of the Energy Sector through the Cyprus Stock Exchange (CSE) P.66 Opportunity through Enterprise Commonwealth Theme for 2013 P.68 Why the new government should pay attention to business P.70 IBAN expands! P.72 A leader is one who knows the way, goes the way, and shows the way – communicating with impact P.76 Shipping industry in distress A second wave calls for restructuring and consolidation P.78 Ethical principles in business P.80 Residency and Employment of European Citizens in Cyprus P.82 The protection of Intellectual Property of Software protects companies and creates jobs P.84 The meanings of natural monopoly and of the electricity sector restructuring P.86 Yes! There are Business opportunities in the Balkans P.88 Project Management: Methodologies and Implementation P.90 Family businesses Managing culture and behaviour in the family business P.92 Flexitime as a working time schedule: How to increase productivity of the workforce by better reorganisation of working time Internal Audit P.96 The future of Internal Audit is now Fraud P.98 Corruption in Cyprus: Perceptions and suggestions P.100 FORENSIC ACCOUNTING: Using Computer Forensics to Uncover Financial Fraud P.102 Accusations about money laundering P.104 The Cyprus EU bailout and the money laundering Spanner in the works IT P.108 The Excel Wizard Real Estate P.110 Permanent Residency & Home Buying P.112 Disrespect to Real Estate Agents The Institute Council President:Theodoros Parperis, BSc (Econ), ACA Vice President: * Marios Skandalis, FCCA, FIFC, CFC, CFE Secretary: * Demetris Halios, BSc (Acc), CPA Members: Panicos Charalambous, FCCA *Ioannis Charilaou, FCCA, FAIA, MBA Nicos Chimarides, ACA, BSc Christis Christoforou, BA(Econ.), FCA, MBIM Stavros Pantziaris, B.Eng., FCA (22/1/2013) Maria Pastellopoulou, FCCA Nicos Syrimis, FCA *Demetris Taxitaris, ACA Demetris Vakis, FCA, BSc, CF *Denotes member not in practice ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 5 Institute News Council’s Activities During the initial quarter of 2013 the Council of the Institute convened four times and considered various matters of significant interest to ICPAC and to the profession in general. The main activities of the Council included the following: Meetings with Officials and other important activities The President, Council Members and the General Manager during the first quarter of 2013 held the following meetings with Government, political, business and other officials: • On 21/1/2013 the President and the General Manager of the Institute, accompanied by representatives of the firms that contributed to this end, visited the University of Cyprus and met with the Rector of the University Prof. Constantinos Christofides and with the prof. Andreas Haritou. The purpose of the visit was to present to the Rector a cheque of €17.000 which constituted the Institute’s grant to the University for the research activities of the Department of Public and Business Administration. • Mr George Kourris informed the Council in December 2012 of his decision to retire from the Council for personal reasons. The Council exercising its discretionary powers decided in its meeting on 22/1/2013 to appoint Mr Stavros Pantzaris to the Council, in order to fill the vacancy. Mr Pantzaris’ appointment expires at the forthcoming Annual General Meeting of the Institute, and if he wishes, he may seek election from the members. • On 22/1/2013 the Council of the Institute met with His Beatitude the Archbishop of Cyprus Chryssostomos B’ at the Holy Archbishopric. The Institute donated €5.000 to the Archbishopric for the needs of the community grocery. After the meeting, the Archbishop offered lunch to the Council members and the members of the senior team of the Institute. • Mr Sha Ali Khan, Head of Practice Assurance of ACCA, was invited to the Council meeting on 22/1/2013, during which he presented the results of the monitoring visits for the year 2012. • On 23/1/2013 the President of the Institute Mr Theo Parperis and the General Manager Mr Kyriakos Iordanou met with the new members of the Public Oversight Board. At the meeting, Mr Sha Ali Khan and the practise review team of ACCA in Cyprus presented the methodology that ACCA employs during the monitoring visits. • The President and the General Manager met with the Attorney General and the Registrar of Companies on 6/2/2013 in order to discuss urgent issues that relate to the Registrar. • The President sent a letter to the Minister of Finance on 18/2/2013, expressing the Institute’s strong disagreement on the Council of Ministers’ decision to close down the Tax Tribunal. • During its meeting on 19/2/2013, the Council finalised the Members’ Handbook and the Regulations relating to the practising of the profession, as well as approved the revised Disciplinary Regulations. 6 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 • On 25/2/2013, the President and the General Manager met with the Chairman and Vice Chairman of the Cyprus Commission of Securities and Exchange, to discuss various matters arising from the Trust and Corporate Service Providers Law. • On 5/3/2013, the President of the Institute sent congratulating letters to the President of the Republic, the new Ministers and other government officials. • On 11/3/2013 the General Manager and a delegation of the ACCA practice review team met with the Public Oversight Board to discuss matters that relate to the audit monitoring visits. • The Council held an extraordinary meeting on 17/3/2013 to review the situation of the economy as it was heavily affected by Eurogroup’s decision of the morning of 16/3/2013. A press announcement was issued on the same day. • On 21/3/2013 the General Manager met with a delegation of the OECD in order to discuss issues arising from the Global Forum of Exchange of Information for Tax Purposes. • The President sent a letter to the Minister of Finance on 26/3/2013, seeking to receive clarification on the tax measures that were being discussed with Troika. • A delegation of the Council with the General Manager was interviewed by reviewers of Moneyval on 27/3/2013 at MOKAS premises. Moneyval was extremely interested to record the procedures followed by ICPAC for the prevention and suppression of money laundering activities. • During the quarter, the General Manager attended various meetings at the Ministry of Finance for anti-money laundering issues and related issues. Council’s Decisions • The Council during its meeting on 19/2/2013 finalised the Members’ Handbook and approved the Regulations for the Practise of the Accounting Profession, as well as the Regulations for the Disciplinary proceedings. The new Regulations increase the number of the practising certificates issued by the Institute to three and accommodate the new Trust and Corporate Service Providers Law. A relevant circular was sent to all members by the General Manager on 8/3/2013, with all new documents attached. • The Council, during an extraordinary meeting on 17/3/2013, evaluate the situation of the economy, the profession and the firms after the decision of the Eurogroup regarding the Cyprus economy and banking sector. The Council issued a press release on the same day in order to express its views on the matter. • The Council, responding to the request of the Small and Medium Practice Firms Committee approved at its meeting on 19/3/2013 the provision of technical assistance to its members for tax and vat matters. Hence, ICPAC has set up an agreement with Mr Neofytos Neofytou for the provision of the technical support to the members via email, without any charge to the members. The agreement commenced on 1/4/2013. • The President of the Institute signed together with the Presidents of CCCI, CIPA and the Cyprus Bar Association a letter addressed to the President of the Republic on 28/3/2013, whereby a proposition of 10+1 measures for immediate action was made in order to maintain Cyprus as an international business centre. Other important meetings and activities • During the quarter, the President was hosted in a number of tv and radio broadcasts, as well as with interviews in the local and international press. The main subject matter was the economic crisis and the aftermath of the Eurogroup’s decisions. • The General Manager was in close cooperation with officers of Cyprus Commission of Securities and Exchange and the Cyprus Bar Association, regarding the recently passed legislation of the Trust and Corporate Service Providers Law. • During the quarter, ICPAC officials visited a number of schools and colleges to give presentations about the accounting and audit profession. • A lot of meetings and other work was done by the Institute officials and committees, with respect to the financial crisis, especially after the decisions of the Eurogroup. • A circular was sent to all members informing them of the extension given on the deadline of the renewal of the members’ subscriptions and the practising certificates, ie to 31 May 2013. • ICPAC cooperated very closely with the Cyprus Bar Association and CIPA for a number of issues of mutual interest. Grant given to the University of Cyprus On January, 21 2013 the President of the Institute, the General Manger and representatives of the firms that kindly contributed to the collection of the grant, visited the Rector of the University prof Constantinos Christofides and prof Andreas Haritou. ICPAC supports the research activities of the Department of Public and Business Administration of the University and this year’s grant reached €17.000. The firms which generously contributed to the grant were K. Treppides Ltd, Deloitte, Ernst & Young, KPMG, PWC, Crowe Howarth, BDO, Consulco and Baker Tilly. The meeting was held in an excellent atmosphere and both parties reassured their good intensions for enhancement of the existing cooperation and developing it even further. ICPAC supports University of Cyprus of Cyprus for many years now. Council’s meeting with His Beatitude the Archbishop of Cyprus Mr Chrysostomos B’ His Beatitude the Archbishop of Cyprus Mr Chryssostomos B’ invited the Council of the Institute for a meeting, followed by a working lunch, at the Holy Archbishopric on 22/1/2013. It was a very fruitful and pleasant meeting and both the Archbishop and the Council members had the opportunity to exchange their views on the prevailing economy conditions. The Institute donated €5.000 to the Archbishopric for the support of the community grocery operated by the Archbishopric. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 7 Institute News Letter sent to the President of the Republic Mr Nicos Anastassiades: Immediate actions needed to be taken in order to maintain as an Cyprus an international business centre On 27 March 2013, our Institute took the initiative to summon other important stakeholders of the economy, namely the Cyprus Chamber of Commerce and Industry, the Cyprus Bar Association and CIPA, and jointly prepared a common proposal of 10+1 measures which was sent to the President of the Republic on March 28. These 10+1 measures recognise immediate actions to be taken in order to maintain Cyprus as an international business centre. The letter sent included the following suggestions: 1) The President or Minister of Finance must speak or meet with Russian counterparts and make a statement that the Russian DTT is not at risk, hence the benefits of using Cyprus are still intact. A statement from Russian officials would close up the issue, firmly. This is required to alleviate threats that the Cyprus Double Tax Treaties with third countries and especially with Russia will become void, after the statement made by Premier Medvedev and by European officials about Cyprus’ business model. 2) Seek the following: • Sign an Investment Protection Treaty with Russia - Even an announcement that such a treaty is being discussed, with a view to be agreed in the near future, will restore some confidence. • Cyprus to make unilateral statement (if legally possible) that assets held by Cyprus companies, which belong to nonresidents, situated outside Cyprus are safe and excluded from any future agreements with state creditors. • Invoke and state all EU Directives and articles of Cyprus constitution which safeguard on safeguarding private assets. These are needed in order to provide comfort to the perceptions that the assets kept under Cypriot companies are not at risk of being confiscated in case of a Cyprus default, since the value of such assets are of tens of billion euro in Russia and Ukraine. 3) A clear statement from the Minister of Finance and The Commissioner of Income Tax must be issued that apart from the agreed increase of Corporation Tax rate to 12,5% and increase in the tax on interest income, NO other significant tax changes are anticipated. 4) In order to combat the perception of the international investors that the Cyprus banking sector has lost its credibility and manage to rescue the international business of the holding company structures in Cyprus, it is worthwhile to communicate that such structures do not necessarily require onshore banking institutions, should they wish to use alternative 8 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 banks. Such international structures could seek alternatives in international banks residing in Cyprus or abroad for their banking transactions, whilst they can keep doing their regular business from Cyprus as before. In addition, once the restrictive measures are lifted, local banks that do not fall in the resolution measures may well serve these international structures as they did for many years and remain a trusted business partner. Hence, CIPA and all other professionals must convey the above message to all international clients and associates. Thus the overall sector’s trust will be regained and enhanced. 5) There must be tangible compensation benefits to everyone who ‘lost’ money as a result of the restructuring of Laiki bank and the bail in of Bank of Cyprus (BoC) in addition to the shares issued in the respective banks, by means of treating cash lost or capitalized as a direct investment in Cyprus and hence qualify for Permanent Residence and more importantly for Citizenship criteria. 6) As potential closure of banks would cause major problems to clients who rely on their Cyprus banks for execution of payments and other obligations, the Central Bank of Cyprus should restore immediately the banking transaction ability of Cyprus based banks. Capital restrictions should be lifted from all banks (possibly with the exception of BoC and Laiki until they are resolved), for Laiki and BoC new accounts to be opened in parallel with the old blocked accounts with no restrictions on fresh money deposited in these new accounts and, finally, payments of payrolls abroad, transactions in transit and other emergency payments to be also exempted from capital controls. 7) The Central Bank of Cyprus has to clarify that custody accounts and money or titles kept there, remain outside the scope of the resolution of Laiki and the bail in process of BoC. In addition, The Central Bank and the Attorney General have to clarify that back to back loans are going to be set off, before any action is taken by the liquidator in the case of Laiki and any recapitalization in BoC. 8) The Registrar of Companies and the Commissioner of Income Tax need to expedite their processes and computerization plans in order to become as efficient as their counterparts in our competitor countries, so that they will be able to respond timely for the increased requests from clients following the restoration of the business activity in Cyprus. This is now extremely crucial given the adverse publicity of Cyprus. 9) Since Cyprus reputation has been irreparably damaged and thus it is not easy to use Cypriot companies for transactions, for raising finance, for holding investments or for opening of bank accounts in good banks, CIPA to work on reverting the negative publicity and appoint world class PR experts and begin immediately an active campaign to restore confidence and reputation of Cyprus. 10) Cyprus must offer other incentives for Cypriot companies to enhance its model, such as, tax holidays for new investments in Cyprus, accelerated capital allowances, lowering of property transfer fees to boost property transactions , increase of coefficients, etc. before the House of Representatives for a long time without any outcome. Therefore, this is the time to: • Amend the legislation to attract international pension schemes (QROPS) and Islamic Finance Structures • Amend the Companies Law to allow for merger with Non EU companies • Finalise and introduce the Cell companies legislation • Finalise and introduce the Leasing legislation • Allow for change of use of assets e.g. Hotels to be changed into Flats, pay relevant taxes and allow this change. 10 + 1) Finally, new legislations should be enacted that will improve the competitiveness of Cyprus. Such legislation is Committees’ Activities Accounting Standards Committee During the first quarter of 2013 the Accounting Standards Committee has carried out the following actions: The Committee continued its scheduled monthly meetings as well as several sub-committee meetings in the intervening periods. In accordance with the Committee’s action plan five sub-committees are monitoring developments and dealing with issues in the following areas: • News from the IASB and developments in IFRSs; • Developments in the Cyprus Companies Law, Cap.113; • Reporting matters relevant for listed companies arising from developments from the Cyprus Stock Exchange and Cyprus Securities and Exchange Commission; • Developments in the EU Accounting Directive; and • Financial reporting issues arising from the financial crisis. During its meetings the Committee discussed the following matters: • Developments in the EU endorsement status of IFRSs. The Committee is monitoring the endorsement of IFRSs in the EU and has communicated the latest Endorsement Status Report as issued by the European Financial Reporting Advisory Group (EFRAG). • Developments from the IASB, including newly issued standards, amendments to standards and exposure drafts. • Accounting issues related to financial assets that have been adversely affected by the financial crisis, focusing on valuation and impairment matters. • Recent changes in the Cyprus Companies Law and update of the Cyprus Companies Law Disclosure Checklist. The Committee also discussed the need by preparers of financial statements to consider the impact of the local economic environment, assess the implications on their financial statements and provide adequate disclosures in their financial statements explaining the possible impact of the related uncertainties on their operations and assets and liabilities. The Committee prepared a Circular providing a generic illustrative disclosure that can be considered in preparing the necessary disclosures. During its meetings the Committee was also briefed on the following developments: • European Securities and Market Authority (ESMA) report regarding the treatment of forbearance practices in IFRS Financial Statements of Financial Institutions which was published in December 2012. • ESMA Report of European enforcers review of impairment of goodwill and other intangible assets in IFRS financial state- ments which was published in January 2013. George C Kazamias Chairman Auditing Standards Committee During the period 20 November 2012 to 12 March 2013 the International Auditing Standards (ISA) Committee performed the following tasks: 1. The Committee is the process of reviewing the New Law for the Establishment, the Activities and the Supervision of Funds for Occupational Retirement Benefits Law of 2012, which was issued on 28 December 2012 and is considering its implications for the audits of Provident Funds. 2. The Committee is monitoring ongoing developments in auditing standards, legislation and pronouncements with an aim to issue technical guidance, as required. During the period under review the Committee has reviewed and delivered comments on the proposed revised ISA720 “Auditor’s Responsibilities Relating to Other Information in Documents Containing or Accompanying Audited Financial Statements and the Auditor’s Report thereon”. 3. The Committee is in the process of preparing illustrations of audit engagement letters for audits of other entities than a company, including those of Provident Funds, Branches, Partnerships and Sole Traders. In this process the Committee will also update the current illustration of audit engagement letter for Companies. 4. The Committee is in the process of issuing illustration audit reports for Partnerships, ICIS and Public Companies. 5. The Committee is in contact with other professional bodies with the aim of addressing audit relevant issues. In this respect the Committee has received comments from its members and then held a meeting with Association of Cyprus Commercial Banks with an aim to revise the current specimen audit bank confirmation letter and to find more efficient ways for the process to be performed. George E Georgiou Chairman ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 9 Institute News CORPORATE GOVERNANCE, INTERNAL AUDIT AND RISK MANAGEMENT COMMITTEE During the first quarter of 2013, the Committee dealt with the following matters: • Continued working on the survey on Corporate Governance of listed companies in Cyprus. A first draft of the analytical results of the survey was received and presented to the Committee by our academic associate’s representatives on the 8th of March. The Committee members will closely review the draft and further analyse them during the next few weeks, with the intention to release meaningful results to the members and others during the 2nd quarter of 2013. • Continued working towards the organization of an event that will cover Corporate Governance and its relation to the financial crisis. Met with the selected local speakers and exchanged ideas as well as discussed possible logistics. The timing of such an event is currently believed to take place during the second quarter of 2013. Haris Kakoullis Chairman Corporate Services Committee Moving forward in the first two months of 2013, the Corporate Services Committee has concentrated on working very closely with the general manager of ICPAC on issues involving the provision of licences by the Association to companies as well as individuals and on the necessary application procedure. The Committee has continued to maintain strong ties with the Cyprus Securities and Exchange Commission, meeting frequently to discuss matters of common interest and for the mutual exchange of ideas in connection to the regulation of the corporate services industry. A photograph from the seminar on VAT and the criminal issues of VAT evasion Helen Hadjichristoudia Chairwoman Co-ordination committee Larnaca-Famagusta During the period from 1 January 2013 to 31 March 2013 the Larnaca – Famagusta Co-ordinating committee carried out the following activities: On 4 January 2013 some members of the committee visited a children house in Larnaca and handed gift vouchers. On 6 February 2013 the committee coordinated the VAT Seminar ‘Criminal Investigations, court – cases, the VAT Commissioner Powers, and Responsibilities of Taxed Persons based on VAT Laws’ held in Palm Beach Hotel in Larnaca. A photograph from the seminar on International Trusts During the meeting of 7th February 2013, the vice – president together with a member of ICPAC tax – committee briefed all members about the recent tax changes. A dinner was held after the meeting at a Tavern in Larnaca. Paris Theophanous Chairman ECONOMIC CRIME AND FORENSIC ACCOUNTING (ECFA) COMMITTEE During the first quarter of 2013 the ECFA committee co-organized a seminars on Forensic Accounting (scheduled for March 2013) and Financial Statement Fraud (scheduled for April 2013). In addition, the committee discussed relevant recently enacted legislation on Political Party Financing and Fiduciary Services Law as well as Money Laundering and MoneyVal reports. 10 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 A photograph from the seminar with regard to the introduction on forensic accounting. The committee spent extensive time discussing Whistleblowing Legislations enacted in other countries as well as Tax Evasion Issues. Implications as well as policies and procedures of tax evasion will be further discussed in the next quarter with other relevant committees. ECFA published volume 3 issue 1 of the quarterly e-bulletin which was sent to members registered in the ECFA – Special Interest Group (ECFA–SIG). At the same time a number of e-alerts were sent to ECFA-SIG members during the quarter. Maria Krambia-Kapardis Chairperson Education Committee During the first quarter of 2013, the Committee held three meetings. The following seminars have been organized and presented during this period. 1. VAT audit and the criminal issues of VAT evasion. The purpose of the seminar was to educate the members of the legal environment, the criminal investigations, the court cases, the Commissioner of VAT power , the required actions from the people dealing with VAT (Vatable legal entities and persons) and professionals and also practical experiences with practical examples to the professionals (accountants etc.). The seminars were presented by Mr. George Georgiou – VAT office – Criminal investigations, Mrs Anna Papantoniou – VAT office – Judicial Investigations and Mr Christos Christodoulou , Director of CSC Christodoulou Limited. The seminar was held on the 23th of January 2013 in Nicosia, on the 28th of January 2013 in Limassol and on the 6th of February 2013 in Larnaca. 2. International Trusts. The purpose of the seminar was to inform the participants regarding International Trusts – their developments, uses, types, amendments legal and tax considerations. The seminars were presented by Mr Peter G. Economides, Chairman, Totalserve Management Ltd, Mrs Elena Argyropoulou, Lawyer, E. Economides & Partners LCC, Mrs Sophie Stylianou, Lawyer, E. Economides & Partners LCC and Mr Petros Rialas, Head of International Tax Planning Department, Totalserve Management Ltd. The seminar was held on the 27th of February 2013 in Nicosia and on the 28th of February 2013 in Limassol. Limassol-Paphos coordinating committee During the period from 1 January 2013 to 31 March 2013 the Limassol-Paphos coordination committee has carried out the following activities: 1. On the 28th of January the committee coordinated the seminar “VAT audits, court cases”. The seminar was held at St. Raphael Hotel in Limassol. 2. On the 28th of February the committee coordinated the seminar “International Trusts”. The seminar was held at St. Raphael Hotel in Limassol. 3. On the 13th of March the committee organized a carnival “get-together”. The event was held at “Da Vinci” Lounge bar. 4. On the 27th of March the committee coordinated the seminar “Recent changes and updates on the income tax and Vat laws”. The seminar was held at St. Raphael Hotel in Limassol. Demetris A. Sazeides Chairman PUBLIC SECTOR COMMITTEE During the first quarter of 2013 the Public Sector Committee held 3 meetings and carried out the following activities: 1. The committee has formed 4 sub-committees, in order to address the objectives set through its strategic plan: promotion of the code of public governance, promotion of uniformity in handling several technical issues in the public and wider public sector, professional development of ICPAC’s members in the public and wider public sector, promotion of the ICPAC’s role and increase its members from within the public and wider public sector. 2. The committee identified and recorded the key subjects for training which are of utmost importance for ICPAC’s members in the public and wider public sector, with an aim of providing valuable assistance to public sector colleagues in the performance of their day to day duties and also to promote consistency, efficiency and effectiveness. 3. A delegation of the committee, together with the General Manager of the ICPAC, met with Mrs. Sumita Shah (ICAEW Regulatory Policy Manager, Public Sector) and Mrs. Christiana Diola (ICAEW’ s representative in Cyprus) and exchanged ideas on issues regarding the Public Sector. 3. Introduction to Forensic Accounting. The seminar was held to educate, to explain and to increase the awareness of participants on Forensic Accounting and other related issues. The seminar was presented by Mr.Rakis Christoforou, (BBA, CPA, ABV, CFF, CGMA, ACFE). The seminar was held on the 28th of March 2013 in Nicosia. Constantinos Galinis Chairman Several seminars are planned for the second quarter of 2013 in Nicosia, Limassol and Larnaca, in accordance with the Action Plan of the Educational Committee, with the view of continuing to provide to the members of ICPAC relevant seminars for the purposes of Continuous Professional Education (CPE) and to keep them abreast with recent changes in national and international laws and regulations as well as changes in the profession. The main activities of the Committee during this period were as follows: Akis D. Kolokotronis Chairman STOCK EXCHANGE AND CAPITAL MARKETS COMMITTEE During the first quarter of 2013 the Stock Exchange and Capital Markets Committee met three times. (i) Update of the document ‘Continuous obligations of listed entities in the CSE Regulated Markets’. (ii) Studied Directive DI190-2007-04 of 2012 regarding information in annual report. (iii) Studied the Law Regulating Companies Providing Administrative Services and other Related Matters of 2012. (iv) Studied ESMA Public Statement re Treatment of Forbear ance Practices in IFRS Financial Statements of Financial InACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 11 Institute News TAXATION COMMITTEE The main issues addressed by the Taxation Committee during the first quarter of 2013 were the following: The committee examined the practise followed by the authorities with regards to the recharging of certain expenses between group companies and the parameters that must be taken into consideration in classifying such recharges as either disbursements or management fees. A working group was formed to further examine this issue and to come up with a detailed document to serve as the basis of discussion of this issue with the VAT authorities. 1. All recently enacted tax laws were examined and where appropriate clarifications have been requested from the Tax Authorities. In liaison with the Education Committee relevant seminars are being organised. (2) Extension of reverse charge on sale of scrap metals The committee examined the proposal drafted by the VAT authorities for the extension of the reverse charge mechanism on the above transactions and provided its comments. 2.We have studied and commented on the initial transfer pricing document that has been prepared by the Tax Authorities that will be discussed shortly. (3) Yacht scheme The committee re-examined the attractiveness of the Cypriot yacht scheme following the recent increase in the VAT rate. It was agreed that the scheme needs to be revisited and amended in order to maintain its attractiveness. To this end it was agreed that a meeting will be organised with the VAT authorities to discuss the proposals of the committee with regards to the changes that need to be made. (4) Private jets The subcommittee that was formed to develop a scheme making Cyprus an attractive jurisdiction for the importation of private jets in the EU presented its preliminary recommendations. The draft proposal was discussed and the subcommittee was authorised to proceed to finalise the proposal so that is can be presented to the VAT authorities. stitutions. Katia Papanicolaou Charalambous Chairwoman 3. The tax aspects of the CIPA initiative draft Simmons and Simmons report on funds has been examined and commented upon. 4.We have attended a meeting with representatives of the European Commission and the International Monetary Fund who have come to Cyprus to technically assist on tax matters. 5. Members of our Committee have continued their involvement with the discussions for the Common Consolidated Corporate Tax Base (CCCTB) and the Financial Transactions Tax (FTT). 6. Members of our Committee have continued their involvement with the negotiations of various DTTs. 7.We are preparing a report on potential electronic tax functions to be forwarded to the appropriate authorities. 8. Our ongoing list of issues for discussion with the Tax Authorities has been updated for our forthcoming meetings with the Tax Authorities. Panicos Kaouris Chairman VAT Committee During the first quarter of 2013 our committee addressed the following issues (1) Recharging of expenses (5) Meeting with Troika representatives Our committee also attended a meeting with Troika representatives. The purpose of the meeting was to discuss the legal framework and administrative practise in place for the whole VAT system. That is from the filing of VAT returns, the payment of the VAT due, issue of assessments and dispute revolution processes. This meeting provided the opportunity to the committee to present is recommendations on the actions that need to be taken in order to make the whole process more efficient. It also provided the opportunity to express once again the need for the introduction of a tribunal dealing with VAT issues and the positive impact that the formation of such a body will have in the dispute resolution area. Chrysilios Pelekanos Chairman New Members During the period January – March 2013 the following persons have been accepted as new members of the Institute: 3596 3597 3598 3599 3600 3601 3602 3603 12 Glib Iefimov Alexandros Alexandrou Marios Michalides Vasilis Panayi Salomi Glafkou Marios Stylianides Aggela Charalambous George Petrakis ACCA FCCA ACCA ACCA ACCA ACCA ACCA ACCA ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 3604 3605 3606 3607 3608 3609 3610 3611 3612 3613 3614 3615 Spyroula Yiangou Petros Alexandrou Zoe Demosthenous Kyriakos Palamas Lambros Andreou Katerina Sepou Alexandros Yeroudis Stavroula Nicolaou Paraskevas Nicolaides Achilleas Neroupos Marianna Neophytou Costas Georgiou ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA FCCA 3616 3617 3618 3619 3620 3621 3622 3623 3624 3625 3626 3627 3628 3629 3630 3631 3632 3633 3634 3635 3636 3637 3638 3639 3640 3641 3642 3643 3644 3645 3646 3647 3648 3649 3650 3651 3652 3653 3654 3655 3656 Elena Katsikidou Victor Zachariades Maria Damianou Kyriakos Georgiou Melina Petrou Maria Hadjiprodromou Panayiotis Karantonis Stella Georgiou Cleopatra Andreou Michalis Loizou Ioannis Pitsillides Andreas Costa Christiana Metta Anastasia Vantzi Dmitry Khenkin Mine Onbasi Charalambos Karaoli Constantinos Kitsios Georgia Nicolaou Natalia Rusina Panayiota Georgiou Kyriakos Zervos Elena Demetriou Theodora Ioannou Ioannis Georgiou Stavroulla Zinonos Elena Constanti Kalia Christofi Constantinos Constantinou Kyriaki Petridou Christina Hiona Marios Christodoulou Michalis Kythreotis Theophanis Argyrou Tatiana Skokova Antonis Tsikouris Constantinos Montis Charalambos Palaontas Panayiotis Michael Koulla Savva Athina Anastasiade ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACA ACA ACA ACA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACCA ACA ACA ACA ACA ACA ACA ACA ICAS ACCA ACCA ACCA 3657 3658 3659 3660 3661 3662 3663 3664 Aggelos Christoforou Anastasios Nicolaou Gabriel Ioannou Zinon Lambrou Constantinos Pavlides Marina Frixou Elena Koursarou Loizos Alexandrou ACCA ACA ACA ACA ACA ACA ACA ACA Reregistration 1447 Nicholas Nicholaou 1659 Andriani Zeniou 1853 Ioanna Kelpi ACA ACCA ACCA Removed from Register 111 Kleanthis Atalianis 303 Costas Kirkos 1294 George Ioannou 1329 Marios Panayides 1402 Irena Georgiadou 1677 Emmanouel Pierides 1710 Maria Vovidou 1813 Nicolas Mantis 1879 Nicos Tsiolas 1942 Mark David Bownas 2277 Makis Demou 2307 Stavroula Xeni 2339 Theodoulos Papanicolas 2551 Georgina Kyprianou 2609 Xenia Patsalosavvi 2627 Eliana Constantinidou 2690 Iulia Mirela Lascau 2741 Pavlos Pattichis 2794 George Georgiou 3170 Linos Vouris 3396 Paraskevi Nicolaou 3502 Nayia Makri ACA, ACCA ACA ACA ACA ACA ACCA CPA-USA ACA FCCA ACA ACCA CPA-USA FCA ACCA ACCA ACCA CA Romania CIMA CPA-USA ACCA ACCA ACA Passed Away 454 Varnavas Economou ACCA Upcoming activities Subject Type Proposed dates Building Effective Finance Functions (in cooperation with ICAEW) Presentation Basic Provision of the Employment Law and practical application Seminar The Nicosia Economic Congress (in cooperation with IMH) Congress Annual General Meeting Event Place 10/4/2013 Nicosia 11/4/2013Limassol 14/5/2013 Nicosia 16/5/2013Limassol 22/5/2013 Nicosia 19/6/2013 Nicosia ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 13 GM’s corner: Think’n ahead! This is no time for tears, but for a creativity revolution! Dear friends, It has not been easy to prepare the column for this issue. In fact I had to change subject more than three times due to the rapid developments in the economy. The dawn of Saturday March 16 found most of us wondering . . . These past few weeks have shaken the foundations of our country’s economy. Apparently, today’s picture is not the same as it was one month ago, nor will it be the same in the month to follow. By Kyriakos Iordanou, General Manager of ICPAC It is fair to admit though, that our economy indeed had its problems, coupled by the needs of the two big local banks for recapitalisation. However, the blow from Eurogroup was fierce and, to my perception, rather unfair. I am afraid that the consequences form the crisis will result in circumstances that we have never experienced nor encountered before. Economic activity will inevitably be reduced, the banking sector is seriously wounded, unemployment will most probably rise to unprecedented levels, households will struggle financially and social cohesion would be hurt. At the same time, we would have to adapt to the new conditions and overall environment. Anyway, it is spilt milk now and there is no point to continue crying over it. Our focus should be centred on gathering our loose pieces and try to put together the puzzle of the economy under the new conditions and reality. Cyprus has for many years been an international business centre which produced by far the largest proportion of GDP to the economy. Our business model is based to a large extent on the provision of corporate and financial services. We do not have any heavy industry or heavy exports. ICPAC and professional accountants were pioneers and leader over the past years in developing Cyprus’ economy and transforming it into a reputable financial centre and an international business hub. It is my belief that we can remain as such. Cyprus continues to offer many advantages to international businesses, despite the current situation. All the factors that helped Cyprus excel as a business centre are still there; attractive tax regime, double tax treaties, excellent infrastructure, competent and skilful profes14 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 sionals, convenient legal system, proximity to three continents etc. We need to capitalise on the long expertise and knowledge built here and make a fresh start. At the same time, this is a golden opportunity to discard any unwanted weight and engage ourselves into different norms. It is the time to exploit all our resources, competitive advantages and redesign our business model, making it more robust and prosperous. It is also now more than ever necessary to set national goals and set national strategies. In a previous article of mine I had mentioned the necessity of setting National Strategy on Taxation and Investment Promotion. We can now start designing clear strategies for the exploitation of carbohydrates and preparing for any other adjacent industry (eg chemicals), for enhancing the shipping industry, for improving the tourist product, for renewable sources of energy, for establishing Cyprus as an educational and medical centre and many more. We must engage in new economic activities that generate income and wealth for the country. In other words, we need to re assess out position and what we were doing all these years and rethink of the future. We have to embark on an innovation and creativity revolution that would turn things around. There is no other way. Things will not be the same. It is inevitable to adapt to the changing circumstances. Things will not be easy. However, we must stand strong in every way, be innovative and committed to what we will be doing. We, as financial experts and professionals, to cautiously navigate our clients, organisations, country with our expertise and knowledge through the dire straits of the crisis! I am confident that we can do it, despite the temporary, I hope, severe casualties in the banking sector. Although the current horizon is gloomy, we have to reengineer our model and properly plan for the next day. This is our starting point. And it is very important to have all the stakeholders of the country, that is, the government, parliament, employers, unions, professionals and regular people aligned to the same targets! We need to instil hope and we need to surge ahead! ©2013 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. 15 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 Professional Briefing Revised ICPAC Regulations for practising the accounting profession as from 1/1/2013: New practising certificates As from 1/1/2013, ICPAC has put in effect the revised Regulations for practising the accounting profession. The ultimate aim behind this decision was to better depict the new developments in the professional activities of the members as well as the new legal obligations of the Institute, coupled with the achievement of a better operating structure. It was also a direct response to the legislation that governs the professional activities of the members under the capacity of the Institute as a regulatory and supervisory authority, ie: (ii) a general or limited partnership or a limited liability company whose majority of general partners and directors are members of ICPAC, and (iii) a subsidiary company, owned directly or indirectly, by any of the above, • • • A member may hold either all three certificates, or the Practising Certificate only, or the Practising Certificate and one of the to specialization certificates, according to the professional activities performed. The Auditors and Statutory Audits of Annual and Consolidated Accounts Law (L.42(I)/2009) Prevention and Suppression of Money Laundering Activities Laws (L.188(I)/2007 and L.58(I)/2010) Law Regulating Companies Providing Administrative Services and Related Matters (L.196(I)/2012). One of additions on the Regulations is the much clearer definition of the term “public practice” (Par.4, Regulation 1.201). Hence, ICPAC now issues the following practising certificates to individuals and firms as follows: To individuals: • Practising Certificate. • Practising Certificate and Audit Qualification. • Certificate for the Provision of Administrative Services. To firms: • Practising Certificate. • Auditing Certificate. • Certificate for the Provision of Administrative Services. The main changes in a snapshot: For an individual member to obtain a practising certificate, he/ she must apply first for a general Practising Certificate, which forms the base certificate. The criteria for obtaining this certificate are set out in paragraph 6 of the Regulation 1.201. With this certification, a member is entitled to provide all services described under “public practice”, with the exception of the provision of auditing services and administrative services. These two services are covered by two different certificates, which are now considered as specialization certificates. The Practising Certificate and Audit Qualification refers to the audit profession and the criteria for issuing this certificate are listed in paragraph 9 of the Regulation. The audit profession is governed by the Auditors and Statutory Audits of Annual and Consolidated Accounts Law (L.42(I)/2009). The Certificate for the Provision of Administrative Services will be issued to members who shall provide such service (paragraph 12 of the Regulation), and accommodates the Law Regulating Companies Providing Administrative Services and Related Matters (L.196(I)/2012). Under article 2 of the Law, the following are “exempted persons”: (i) a member of the Institute of Certified Public Accountants of Cyprus (ICPAC) 16 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 which is regulated by the Board of ICPAC in its capacity as Competent Authority in the framework of the Prevention and Suppression of Money Laundering and Terrorist Financing Law. Adherence to the Code of Ethics is a sine qua non constant obligation of all ICPAC members. As far as the firms are concerned, ICPAC issues again three practising certificates which correspond to the individual’s certificates. There is no base certificate for firms, and each firm may apply and obtain the three certificates in any combination. The new development for firms is the definition of the “accounting firm”. This is a firm containing holders of practising certificates which can be described as firm of “Certified Public Accountants” only where: (a) at least 50% of the partners (or directors in the case of a company) are Members of the Institute who hold practising certificate, and (b) the partners and directors noted in sub-paragraph (a) above control the majority of the voting rights under the firm’s partnership agreements or articles of association. ICPAC will issue a separate practising certificate to individuals and firms for each activity. Monitoring system Members that are holders of practising certificates, of any category, are subject to a monitoring system for supervising their compliance with these Regulations. Keeping of Registers The Institute will maintain separate registers for Members and Firms per the category of the practising certificate. All such registers will be available for public view on the website of the Institute. In addition, as far as the following certificate holders are concerned: - Auditing Certificate: the register will be also kept at the Registrar of Companies, according to the provisions of the Companies Law. - Certificate for the Provision of Administrative Services: the register will be linked to the website of the Cyprus and Exchange Commission. Fees The Council of the Institute has decided to keep the fee for the practising certificate to €350 for the year 2013, without imposing any additional charge for the two new certificates. Technical support to members for Tax and VAT matters The Council, responding to the request of the Small and Medium Practice Firms Committee, has inaugurated a new service to its members, for the provision of support for tax and vat matters. This service will be offered free of charge and will be delivered electronically by email to the dedicated email address [email protected]. ICPAC has come into agreement with Mr Neofytos Neofytou for the provision of this service and has been put in effect as of April 1, 2013. The provision of this service will be as follows: 1. Correspondence with Mr Neofytou will only be allowed in writing via the above email address. 2. The queries need to be made as clearly and easy to understand as possible, in order to avoid possible misunderstandings. 3. It is mandatory that the members give their full name, ICPAC registration number and email address in their query. 4. The responses will be delivered also via email within a short but reasonable period. 5. Mr Neofytou would be happy to provide is opinion on tax and vat questions; however he will not be giving rulings nor answer to specialised tax structure questions. 6. Mr Neofytou will be providing his personal opinion and will be binding ICPAC in any way. 7. Through this service, members will receive notifications for possible changes or amendments in the tax legislations, information for new tax circulars and double tax treaties etc. 8. From time to time, tax bulletins will be communicated to all members, which will comprise of the most common questions and the corresponding answers. An Outstanding Achievement for one of our members, Mr Rakis Christoforou BBA,CPA, ABV, CFF, CGMA, ACFE Mr Rakis Christoforou (ICPAC member), has recently obtained the Certified in Financial Forensics (CFF) Certification after passing a rigorous exam in New York and meeting strict professional experience and education requirements. The CFF Credential represents the highest professional standards and sets the CFF credential holder apart from other forensic experts. He is the first qualified Accountant in Cyprus to be holding this title. From the 384.000 CPA’s worldwide, only CPA’s members of AICPA (American Institute of Certified Public Accountants) are allowed to take the exam, just 2,170 have passed the exam; from those only 19 are International CFF holders (outside the US) including Mr Christoforou. Mr Christoforou is also an ABV (Accredited in Business Valuation) holder after passing a continuous 7-hour exhaustive exam in New York and also meeting relevant education and experience requirements. This places him as the 2nd International Credential CPA to be holding both the ABV and CFF Certifications. The above achievements give Mr Christoforou the opportunity to participate in International Conferences, and get informed about the latest developments in the areas of Forensic Accounting and Business Valuation by world experts. Mr Christoforou will conduct a seminar on the above subjects on behalf of The ICPAC and will also be the high profile speaker at meetings of an International Group of Businesses based in Cyprus. Many of his articles were published in professional magazines, newspapers and websites. AIA Student of the year award 2012 The Association of International Accountants (AIA) has announced that Marios Christoforou, member of ICPAC, has been awarded the AIA student of the Year award for 2012. This is an honour for Marios, ICPAC and generally Cyprus. It is noted that the criteria of the AIA Qualifications Committee are the following: The AIA Student of the Year has demonstrated excellent academic performance; good communication skills, practical skills and leadership ability. He has also demonstrated a desire to pursue a career in accountancy. The nominee stands out from his peers as a Student who has made significant impact, taking into account any notable obstacles he has had to overcome’’. The AIA is a global body for professional Accountants founded in 1928. The AIA has promoted the concept of `international accounting’ to create a global network of accountants in over 85 countries worldwide. It has always believed in opportunity, quality, diversity, accountability and transparency, and these principles are reflected in everything that they do. It is noted that for a member of AIA to become member of ICPAC he or she should have passed the required examinations on or after June 1991 and after having satisfied certain requirements about accounting professional experience. Cyprus top worldwide for training chartered accountants Students from Cyprus were among the highest performing students in the latest ICAEW ACA exams. Four of the five highest scorers in the 2012 Professional Stage exams were students from Larnaca and Limassol, putting Cyprus right at the head of the league tables for high-flying trainees. 1303 students from around the world completed the Professional Stage in December 2012 and will now move on to the Advanced Stage of ICAEW’s prestigious ACA (Associate Chartered Accountant) qualification. Mark Spofforth, ICAEW President said: “This is a fantastic result! Students in Cyprus continue to get the highest exam scores globally, demonstrating both their calibre and determination as well as the excellence of the training available in the country. As Cyprus looks to drive forwards its economic growth – especially through international trade – it will be more important than ever to have a pool of highly-trained finance profes ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 17 Professional Briefing sionals with internationally-recognised qualifications. These students represent the business and finance leaders of tomorrow, and it is great news for the region that they have some of the cream of the crop.” Mark Protherough, ICAEW Executive Director - Learning & Professional Development, said: “ICAEW is a global leader of the accountancy and finance profession so it’s little wonder students from across the world are opting to study with us. The ACA qualification equips students with knowledge and guidance based on the highest ethical and technical standards making them an asset to any organisation. They should all be incredibly proud of what they’ve achieved so far. As they take on the final stage of their ACA exams they are now well on their way towards becoming ICAEW Chartered Accountants”. 2012 PROFESSIONAL STAGE ANNUAL INTERNATIONAL ORDER OF MERIT First Place and the Plender prize Marina Vakana, Limassol (PricewaterhouseCoopers Limited) Second Place and the Stephens prize Andri Hadjiyerou, Larnaca (KPMG Limited) Fourth Place and the Northcott prize Christina Telemachou, Larnaca (PricewaterhouseCoopers Limited) Fifth Place and the Cassleton Elliott prize Kyriaki Christoforou, Larnaca (KPMG Limited) DECEMBER 2012 PROFESSIONAL STAGE SUBJECT INTERNATIONAL ORDERS OF MERIT Financial Accounting First Place and the Spicer and Pegler prize Nikoletta Neofytou, Nicosia (PricewaterhouseCoopers Limited) Audit and Assurance First Place and the Watts prize Christina Rotsidou, Nicosia (KPMG Limited) IASB and IIRC formalise cooperation on work to develop integrated corporate reporting Framework The International Accounting Standards Board (IASB) and International Integrated Reporting Council (IIRC) have announced an agreement that will see the two organisations deepen their cooperation on the IIRC’s work to develop an integrated corporate reporting framework. The Memorandum of Understanding, signed by IASB Board Chairman Hans Hoogervorst, and IIRC Chief Executive Paul Druckman, demonstrates the common interest of both organisations in improving the quality and consistency of global corporate reporting to deliver value to investors and the wider economy. Joint effort needed to tackle disclosure problem The International Accounting Standards Board (IASB) has released highlights of a survey conducted recently on financial information disclosures, ahead of its public discussion forum on Disclosures in Financial Reporting. Respondents to the survey identified various factors that contribute to the disclosure problem. The IASB received 225 responses from respondents across Africa, Asia, Europe and North America. Around 50 per cent of those responses came from preparers and approximately 20 per cent came from users of financial statements. Highlights of the survey include: •over 80 per cent of respondents agreed that improvements could be made to the way financial information is disclosed. Half of those respondents felt that such improvements were required across all parts of the annual report, and not just the financial statements; •most preparers of financial statements identified the primary problem as disclosure requirements being too extensive with not enough being done to exclude immaterial information—which has been referred to as disclosure overload; •many users of financial statements felt that preparers could do more to improve the communication of relevant information within the financial statements, rather than leaving users to sift through large amounts of data; and •a range of views on the underlying causes of the problem was identified. Some respondents felt that more could be done to improve the way in which accounting standards are set out. Others expressed concerns that preparers, auditors and regulators are approaching financial reporting as an exercise in compliance rather than as a means of communication. The European Commission’s proposal strengthens the EU Anti-Money Laundering framework FEE (Federation des Experts-comptables Europeens – Federation of European Accountants) welcomes the European Commission’s proposed Fourth Anti-Money Laundering Directive. The considerable improvements brought by the Proposal should be supported. A few simplifications, in particular regard18 ing the availability and access to Customer Due Diligence information for professionals would further improve the Proposal and would be welcomed. The European accountancy profession will continue contributing to the development of more effective instruments in the fight against Money Laundering and ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 Terrorist Financing that is crucial for the development of our economy. The European Commission’s proposal on the Fourth Anti-Money Laundering Directive introduces considerable improvements in order to address a broader range of threats and criminal activi- ties. FEE welcomes that the proposal addresses a number of areas of existing concern, including the promotion of the wider application of a risk based approach and the availability of information on beneficial ownership. Useful clarifications are provided regarding the reliance on third parties and within groups while the introduced minimum standards on administrative sanctions are welcomed. Furthermore, the facilitation of increased co-operation between Financial Intelligence Units (FIUs) has the potential to strengthen the defences against financial crime. FEE Paper on Auditor Independence Provisions “A Comparison of European Commission Statutory Audit Directive - Recommendation on Statutory Auditor’s Independence in the EU and the Independence Sections of the IESBA Code of Ethics for Professional Accountants”: In the Paper, FEE provides a summary of key differences between the EU frameworks of Auditor Independence provisions (in the 2006 Statutory Audit Directive and the 2002 EC Recommen- dation on Statutory Auditor’s Independence in the EU) and global independence standards of the Code of Ethics of the International Ethics Standard Board for Accountants (IESBA). In respect to audits of Public Interest Entities (PIEs), the IESBA Code includes stricter provisions for those non-audit services that are incompatible with the provision of audit services and tackles other matters that may be con- sidered for inclusion in future EU audit legislation. The outcome with the adoption and application of the principles and requirements of the IESBA Code of Ethics in the EU would be that a more robust system would be in place. On Independence requirements, FEE has also issued a Policy Statement on the Provision of Non-Audit Services to Audit Clients that are PIEs in July 2012. FEE Roundtable - How to improve the functioning of Audit Committees further?, Brussels, Tuesday, 5 February 2013 In June 2012, FEE published a Discussion Paper on the functioning of Audit Committees. This discussion paper was intended to be a starting point to enhance thought-leadership on the future evolution of Audit Committees within Europe. To foster the debate, FEE has organised a Conference on ‘How to improve Audit Committees further?’ on Tuesday, 5 February 2013 in Brussels. This high level conference brought European decision makers and relevant stakeholders including audit committee members, auditors, investors and regulators together to discuss further improvements of the functioning of audit committees. Stimulating closer cooperation throughout the audit engage- ment, especially the exchange of high quality information between audit committees and the external auditor, will be of great benefit to the company and to the external auditor. To this extent, and considering that one or more members of an audit committee are often trained accountants, FEE is aiming at enlarging and widening the debate. IAASB Consults on Audit Quality Framework The International Auditing and Assurance Standards Board (IAASB) has released for public comment a new Consultation Paper addressing audit quality. A Framework for Audit Quality seeks input from stakeholders internationally who have an interest in continually enhancing audit quality, including regulators, audit committees, investors, and audit firms. Through the proposed framework, the IAASB aims to raise awareness of the key elements of audit quality, encourage stakeholders to explore ways to improve audit quality, and facilitate greater dialogue between key stakeholders on the topic. IFAC SMP Poll Highlights Pervading Economic Uncertainty, Cautious Optimism, and Key Issues Facing Accounting Profession in 2013 The latest IFAC SMP Quick Poll, conducted in late 2012, showed that the smallest accounting practices and their clients are not immune to macroeconomic instability. With the continuing sovereign debt crisis, a double-dip recession in the Eurozone, and rising inflation in some regions, economic uncertainty pervaded many of the responses to the poll of small- and medium-sized accounting practitioners (SMPs). Despite these concerns, SMPs remain cautiously optimistic, showing their resilience and perseverance during challenging times. After keeping up with new regulations and standards, three issues related to the health of the economy—attracting and retaining clients, pressure to lower fees, and rising costs—topped the list of challenges faced by SMPs. Similarly, respondents indicated that their clients, small- and medium-sized entities (SMEs), are most challenged by regulations followed by economic uncertainty. Respondents generally expect little change in business performance in the coming year; however, slightly more SMPs (5 points more) indicated they expect business to improve in the coming year compared to those who said the same at the end of 2011. They expect this growth primarily to be driven by revenue from new clients. While respondents identified the reputation and credibility of the profession as a top issue facing the profession in 2013, they generally ranked public perception of the profession in their country/ jurisdiction as average to above average and expect this perception to improve by 2025. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 19 Interview INTERVIEW OF MR. PATRICK SCULLION, AMBASSADOR OF IRELAND To Ninos Hadjirousos, Editor and Tassos Anastasiades, Deputy Editor, Accountancy Cyprus Journal In an interview we had with Mr Patrick Scullion, ambassador of Ireland, the country which presides the EU during the 1st half of 2013, we have been informed, inter alia, that the Irish Presidency motto is “For Stability, Jobs and Growth”. The Irish Presidency is therefore about securing stability and ensuring that it leads to jobs and growth. As Presidency it will play its part in driving a pro-growth and pro-employment agenda across Europe. With regard to the promotion of the banking Union Mr Scullion stated that the successful implementation of the Banking Union measures should facilitate the breaking of the link between the financial sector and the Sovereign and part of that involves the ESM being eventually allowed to carry out direct recapitalization (hopefully also in relation to legacy debt), an issue critical for Ireland that may have implications also for Cyprus. Responding to our question about the Irish economy Mr Scullion informed us that the adjustment in the Irish economy over recent years means that Ireland is now much more competitive. Unit labour costs have improved dramatically relative to the euro area as a whole in the period since 2008 and it continues to cover lost ground. The external sector is leading the recovery, with exports of goods and services now well in excess of pre-crisis levels, and among the sectors performing particularly well are pharmaceuticals, software, financial services, business services and the food industry. With regard to the 12.5% corporate tax rate we have been informed, inter alia, that corporate tax rates have been one of the principal elements of the favourable enterprise environment in Ireland for more than three decades. Ireland’s 12.5% corporate tax rate continues to underpin its Foreign Direct Investment policy. It has fought hard to protect it on the grounds of its continuing importance to securing sustained growth in Ireland and, ultimately, a resolution of its current economic difficulties. The Irish 12.5% corporation tax rate is a 20 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 general rate which applies to trading income and does not distinguish between particular segments of Irish industry. A 25% Corporation tax rate applies to investment and non-trading income. Mr Scullion stated that Ireland does not have the lowest corporation tax rate in the EU. At least two other Member States have 10% rates. (i.e. Cyprus, Bulgaria, Hungary) The Irish Government remains 100 per cent committed to maintaining the 12.5 % Corporation Tax Rate. Ireland has for the past 50 years sought to have a competitive corporate tax strategy to attract job rich foreign direct investment into Ireland. Responding to our question about the extent to which IDA is a contributory factor in attracting foreign investment Mr Scullion stated that Ireland’s inward investment promotion agency, IDA (Industrial Development Agency) plays a crucial role in the attraction and development of foreign investment in Ireland. It was directly responsible for the creation of 12,722 new jobs during 2012. IDA client companies added a total of 6,570 new net jobs, the IDA’s third consecutive year of growth in net employment. Job losses at IDA client companies were the lowest for a decade. The Interview with Mr Patrick Scullion follows: oils, chemical materials, medical and pharmaceutical products, and beverages while imports are mainly centred on Fruit & vegetables and services. Mr. Ambassador we would like to start our interview by asking you to brief us about the economic and commercial relations between Ireland and Cyprus. What are the main priorities of the Irish EU presidency? Ireland enjoys good bilateral relations with Cyprus and established a resident Embassy in Nicosia in 2001. Ireland has provided personnel to the United Nations Force in Cyprus (UNFICYP) since its inception in 1964, with the exception of a brief period in the 1970s. Ireland and Cyprus are competitors in the fields of financial services and tourism and so the opportunity to develop economic ties is somewhat limited. Nevertheless, the Irish company Aer Rianta International is part of the Hermes Airports group consortium which is responsible for the reconstruction, development and administration (to 2030) of Larnaca and Paphos Airports. Irish-based airline, Ryanair, established a service between Brussels (Charleroi) and Larnaca in 2010 and in January 2012 announced that it had set up a regional hub at Paphos Airport serving fourteen new European destinations. Based on the latest figures available, Cyprus is Ireland’s 76th largest merchandise trading partner with exports mainly in miscellaneous manufactured articles, essential The Irish Presidency motto is “For Stability, Jobs and Growth”. Our Presidency is therefore about securing stability and ensuring that it leads to jobs and growth. As Presidency we will play our part in driving a pro-growth and pro-employment agenda across Europe. Our core theme is to get the European Economy back on track and our focus will be on promoting economic growth, with a key focus on youth unemployment; creating jobs; improving the EU’s competitiveness; restoring stability with particular emphasis on a Banking Union and strengthening the Single Market; improving economic governance through the European Semester and a stronger Economic and Monetary Union; agreement (reached at the February European Council) on the MFF, and developing the external trade agenda, particularly the EU-US Trade relationship, which is an important source of growth and jobs. In the foreign policy sphere, a key objective for Ireland’s presidency is to actively support the EU High Representative for Foreign and Security Policy and the European External Action Service, as the Union seeks to play its part ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 21 Interview in helping to address such challenges as the ongoing crisis in Syria, tensions across the wider Middle East, the Iranian nuclear dossier and instability in Africa. On the 40th anniversary of Ireland’s own accession, and on the eve of Croatia joining the Union, we also hope to oversee further progress towards EU membership for the countries of the Western Balkans, Turkey and Iceland. Building on the experience of chairing the Organization for Security and Cooperation in Europe (OSCE) in 2012 and on our national experience of conflict resolution in the Northern Ireland peace process, we will also contribute to EU efforts in the area of conflict prevention and resolution. Overall, our Programme sets out the real and tangible decisions we will push for as we chair negotiations across nine different Council formations. Working together with our fellow Member States, the EU institutions and other stakeholders, the Irish Presidency will be that of a recovery country driving recovery in Europe. Could you specifically brief us about the promotion of the banking Union? Ensuring fiscal sustainability and breaking the link between banks and sovereigns is a key part of President Van Rumpoy’s vision of a genuine Economic and Monetary Union. An essential element of this is the establishment of a Banking Union. A healthy financial services sector is the key to any economy. Through the provision of credit and other supports, the banking sector is necessary to underpin economic recovery and confidence in Europe. So, Banking Supervision and Banking Union is not just a process; it is about fixing the European banking system so that money is available again for where it makes a difference to recovery – credit supply to employers and SMEs, returned consumer confidence and investment in areas like education, R&D etc. The successful implementation of the Banking Union measures should facilitate the breaking of the link between the financial sector and the Sovereign and part of that involves the ESM being eventually allowed to carry out direct recapitalization (hopefully also in relation to legacy debt), an issue critical for Ireland that may have implications also for Cyprus. The Single Supervisory Mechanism (SSM), the first element of the package of Banking Union measures, is an important foundation to ensure confidence in supervision across Europe. Our Presidency will build on the agreement on SSM reached in December while the deadlines set by the December European Council to maintain momentum in the process – first stages in terms of bank recovery and resolution and bank deposit guarantees by June 2013 with a single resolution mechanism to follow later in 2014 – will help us as Presidency with our work. Could you brief us about the Irish economy? 22 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 The Irish economy is growing – by 1.4% in 2011 and by a projected 0.9% for 2012. Aggregate tax revenue increased by 7.7% in 2012 while exports were in excess of pre-crisis levels; total exports increased by over 5% in 2011 in nominal terms and by over 6% in the first three quarters of 2012 compared to the same period in 2011. Exports in the agri-food sector have grown by 28% in the last three years. The Government has been working hard to reposition Ireland to return to the financial markets on successful completion of the EU-IMF Programme and to be ready to take advantage of improvements in global economic circumstances. Ireland continues to meet all of the targets under the EU-IMF Joint Programme of Assistance and our priorities are to restore economic growth and job creation. On the budgetary front, Ireland has implemented over 80% of a budgetary adjustment of €30 billion, or about 20% of GDP, over the period 2008 – 2015. Ireland’s General Government Deficit has fallen from over 30% of GDP in 2010 to a likely figure of under 8% in 2012. Ireland’s deficit in 2012 was over €10bn lower than in 2011 and we are on course to meet our 3% deficit target by 2015. The adjustment in the Irish economy over recent years means that Ireland is now much more competitive. Unit labour costs have improved dramatically relative to the euro area as a whole in the period since 2008 and we continue to regain lost ground. As mentioned above, the external sector is leading the recovery, with exports of goods and services now well in excess of pre-crisis levels, and among the sectors performing particularly well are pharmaceuticals, software, financial services, business services and the food industry. This shows that the improvement in competitiveness, which has been evident in recent years, is standing to us. This, I believe, demonstrates the inherent flexibility of the Irish economy – prices and costs in Ireland have fallen significantly, and further improvements are in the pipeline. The strong export performance also means that our balance of payments with the rest of the world moved into surplus in 2010 for the first time in over a decade. Obviously as a small open economy whose recovery is being driven by exports, Ireland will be affected by the uncertainty in the global economy. Exports account for over 100% of GDP compared to just 40% in the euro area and we have the highest trade surplus as a percentage of GDP in the EU. So we have a strong interest in the performance of our trading partners in Europe and across the world. The Government is focused on returning Ireland to a sustainable, disciplined and innovation-driven model of economic development. The focus must be on inclusive growth which can produce jobs because, despite success in the external economy, domestic consumption and growth remain sluggish and unemployment levels are much too high. We are fully aware that we still have a long way to to travel in our country’s journey back to prosperity and full employment and are far from being complacent about the challenges that lie ahead. But we know that we are heading in the right direction as the economic climate continues to improve. It seems that the measures you have taken have been successful. This is in view of the fact that, as expected, Ireland will return to the bond market in 2013. Could we have your comments? The joint EU-IMF programme for Ireland worked to build on bank rescue policies that had been implemented by the government in the previous two and a half years and on the 2010 National Recovery Plan; a new government was formed in Ireland in March 2011 and it quickly set about implementing the programme, though with some fine-tuning that provided for better conditions overall. The programme measures were wide-ranging and covered taxation policies that included widening the tax base; savings in social protection expenditure through enhanced control, structural control, an increase in the state pension age to 66 in 2014, to 67 in 2021 and to 68 in 2028; a reduction in public service costs through a reduction in numbers and reform of work practices as outlined in the “Croke Park” Agreement; a reduction, on a progressive basis averaging over 4%, of existing public service pensions; a 10% pay reduction and reform of pension entitlements for new public service entrants; reductions in public capital investment; the introduction of a Fiscal Responsibility Law and labour market adjustments. The Government is focused on emerging from the programme and returning to the markets. On the 8th of January, the National Treasury Management Agency’s (NTMA) syndicated issuance of €2.5 billion of bonds at yields of 3.3%, maturing in 2017 was a very welcome and positive development. This auction built on the successful issuances last year and the level of demand at the auction with €7bn of orders for €2.5bn of issuance was particularly encouraging and was primarily from foreign investors. This issuance has been facilitated by the international recognition of Ireland’s progress in returning our economy to growth and the commitment from the European Heads of State and Government to break the negative link between the sovereign and the banks. These factors, in tandem with our strong programme implementation are having a very positive impact on financial markets’ perceptions of Ireland.” How about your 12.5% corporate tax rate? Ireland has a comprehensive taxation system in place covering income, capital and indirect taxation, which concentrates on lowering the tax burden on enterprise and employment to encourage economic activity. The Irish tax regime is open and transparent and complies fully with OECD guidelines and EU competition law; in 2011, Ireland signed the OECD / Council of Europe Con- vention on Mutual Assistance in Tax Matters. In addition, Ireland has signed 66 bilateral Double Taxation Agreements and 19 Tax Information Exchange Agreements, which ensures a system of full exchange of tax information, and proper regulation of activities to the highest standards. Currently, Ireland’s expanding DTA network covers approximately 80% of world trade. A number of additional DTAs are currently under negotiation. Ireland is a member of the Global Forum on Tax Transparency. In 2010, Ireland was one of the first countries to volunteer to have its tax system peer-reviewed and a very favourable report on Ireland was published in 2011 by the Global Forum. Corporate tax rates have been one of the principal elements of the favourable enterprise environment in Ireland for more than three decades. Ireland’s 12.5% corporate tax rate continues to underpin our Foreign Direct Investment policy. We have fought hard to protect it on the grounds of its continuing importance to securing sustained growth in Ireland and, ultimately, a resolution of our current economic difficulties. The Irish 12.5% corporation tax rate is a general rate which applies to trading income and does not distinguish between particular segments of Irish industry. A 25% Corporation tax rate applies to investment and non-trading income. It should be noted that Ireland does not have the lowest corporation tax rate in the EU. At least two other Member States have 10% rates. (i.e. Cyprus, Bulgaria, Hungary) The Irish Government remains 100 per cent committed to maintaining the 12.5 % Corporation Tax Rate. Ireland has for the past 50 years sought to have a competitive corporate tax strategy to attract job rich foreign direct investment into Ireland. Our policies in relation to tax cooperation and international exchange of tax information have always earned international respect and last year Ireland became one of the first countries in the world to agree a new InterGovernmental Agreement with the United States in relation to the US Foreign Account Tax Compliance Act, commonly known as FATCA. Ireland’s public debt in 2007 was a mere 25% of GDP as compared to 120% in 2013. What has led to this huge rise in the public debt? The Irish financial crisis could be summarised in one word “debt” – national debt and personal debt. The Government committed itself to dealing with both national and personal debt. Continuing to borrow large amounts to fund day to day services became simply unsustainable. The reality was that stable public finances were an essential prerequisite to long term economic growth and job creation. We knew that we would only be able to successfully access the markets in the long term if the markets believed we had a credible fiscal strategy and agreed that our debt was sustainable. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 23 Interview If we look back over the past 6 years, we have heard many explanations of the origins of the financial crisis, a crisis that hit Ireland like a tidal wave and led to a dramatic increase in public debt. The Irish crisis had the same overall characteristics as the global financial crisis. The accelerant of the crisis was a sudden withdrawal of liquidity, which showed up far greater problems in terms of our banks’ balance sheet, primarily that their liabilities significantly exceeded their assets. In Ireland this fall in banks’ assets was due to the collapse of the property market – simply put, too many resources were devoted to our property sector. Irish banks had borrowed Euros freely from other European markets and made foolish lending decisions into a property bubble, which in turn became a source of tax revenue for foolish public spending commitments. When the global crisis hit in 2008, property prices collapsed, output shrank, unemployment sky-rocketed and government finances went sharply into deficit. Confidence drained out of Irish banks leading to taxpayer guarantees and then large bailouts. In technical terms, the Government at the time (no longer in power) introduced a broad guarantee in an attempt to maintain depositor confidence. Regrettably, the losses on the asset side of the banks’ balance sheets negated the positive effects of this guarantee. The Government then had to move into a series of rushed capital injections to address the obvious asset shortfall. These continual capital injections further undermined confidence as the capital holes grew ever larger. The broad guarantee given by the Government had committed the State into whatever capital injections were necessary largely because the extensive burden being placed on the sovereign from saving the financial system was creating doubt as to whether the sovereign could continue to fund itself. This problem was then further accentuated as the sovereign effectively had to become the counterparty for all of the financial system’s borrowing as well as its own increased borrowing to fund the automatic stabilisers, such as increased social protection spending. How serious is your unemployment problem? Ireland’s high unemployment rate, which is in excess of 14%, is a major cause for concern. Jobs are at the heart of our Presidency priorities with a particular spotlight on youth joblessness which is at more than 25% in 13 EU Member States including Ireland. To what extent is the IDA a contributory factor in attracting foreign investments. Competition for inward investment has never been stronger, but Ireland’s national determination to make the country one of the best places in the world to do business remains undiminished. 24 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 Ireland’s inward investment promotion agency, IDA, (Industrial Development Agency) plays a crucial role in the attraction and development of foreign investment in Ireland. It was directly responsible for the creation of 12,722 new jobs during 2012. IDA client companies added a total of 6,570 new net jobs, the IDA’s third consecutive year of growth in net employment. Job losses at IDA client companies were the lowest for a decade. In total there were 145 individual investments, with 66 (over 40%) from companies coming to Ireland for the first time. The IDA client base in Ireland now employs 152,785 people, a level last recorded before the global financial crisis began in 2008. Among the biggest investments were Apple, PayPal, Northern Trust, EA Games, Fidelity, SAP, Amgen, Mylan, Cisco, Arvato, Allergan and Eli Lilly. A notable feature of 2012 was the wide range of green field investments coming to Ireland, including Clearstream (part of Deutsche Bourse), Hubspot, Dropbox, Nextag, Aspen and Nuance. HORIZON 2020 is the IDA’s Strategic blueprint for attracting FDI to Ireland. Two of the key aspects of strategy are to drive company transformation to ensure higher levels of job retention and to focus particularly on the growth in employment intensive services, which leads to the speedy creation of jobs. IDA Ireland has just completed the third year of this five year strategy and the latest results put the organisation ahead of target in meeting its goal of creating 62,000 direct jobs by 2014 from 640 new investments. Over the course of the first three years (2010-2012) the IDA secured 419 investments and delivered gross job gains of over 36,000. The work of the IDA in attracting foreign investment is obviously assisted by the significant improvement in Ireland’s cost environment; Irish competitiveness has improved significantly from the peak in 2007/2008. Business costs including energy, private rents, office rents, services, construction and labour have all become more competitive (back to 2003 levels); prime office rents are down 52%, unit labour costs down 12% and business services down 7%. Ireland is one of only three countries in the EU where nominal labour costs have fallen. Competitiveness increases are driven by strong productivity growth and weak prices. YOUR BUSINESS IS THIS PRECIOUS TO US CHOOSE THE BEST INTERNATIONAL BUSINESS SOLUTIONS PARTNER IN CYPRUS [email protected], tel. +357 22555800, www.abacus.com.cy ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 25 Economy Banking Sector: The Economic Crisis as an Opportunity to Design and Implement the Right Strategy By Marios M. Skandalis ICPAC Vice President The prolonged economic recession in conjunction with the very low liquidity level of the financial institutions exerts a lot of pressure to their management. Acting under such pressure and adopting easy solutions to this situation could result in reckless actions and wrong decisions, which could bring about not desired results. We have numerous examples of institutions that after adopting a strict cost containment policy, based on cutting operational costs across the board, eventually hampered the ability of those institutions to reflect on their results the subsequent recovery and improvement of the economies in which they operate.. It has become evident that these traditional cost cutting techniques such as reduction of staff across the board, discontinuation of various operational segments and introduction of conservative dividend distribution policies in an attempt to strengthen the financial institutions’ capitalization, are proven not to be 100% effective in the 21st century. This is because nowadays banking institutions are facing the following amongst other things: 1. Dealing in complex products/services which if not properly assessed prior to their launch, they may expose the institution to a number of risks. 2.Operating in various geographical segments with different banking philosophy, different regulatory frameworks and different risk characteristics. 3.Channels of products/services distribution are more sophisticated and thus more complex and prone to operational risks. 4.Gaps in establishing a homogeneous and thus efficient procedural framework in all geographical locations. It has become evident that these traditional cost cutting techniques... are proven not to be 100% effective in the 21st century The fact that the current economic environment offers financial institutions significant attractive growth opportunities, with the 26 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 introduction of traditional cost reduction schemes it will most probably hinder the ability of the institutions to take advantage of these growth opportunities. Moreover managing the effects of an economic crisis is a matter that affects the corporation as a whole and not individual sectors of it. For this reason in order to reach the desired result and address rightly the effects of the economic crisis, a well-balanced short and medium term plan should be devised with the short term plan based on basic cost cutting techniques. However special attention should be paid to avoid adopting traditional aggressive cost reduction policies but instead apply a well-balanced and planned cost management program which is more targeted on problematic areas rather than applied across the board. Moreover the institutions should consider transferring part of this short term benefit in the future by creating specific reserves to be used for the future expansion plans. The medium to long term plan on the other side should be devised and be based on a strategic perspective rather than on a top down policy direction without prior evaluation, analysis and a risk impact assessment taking place. Such a strategic approach will ensure the readiness of the financial institutions to be properly positioned and take full advantage of the prospective economic recovery. The medium to long term strategic plan should consider the following amongst other things: 1.Systems The design of a revolutionary systems’ infrastructure, based on the latest technology which will be ready to support and implement any strategic goal set by the Board, should be at the top of the list of any long term strategy. Timely response and pro-activeness to adapt to customer needs and new lifestyles, is what will grant an institution a competitive edge. Some examples of technological ad- vances which will need to be considered and implemented by banking institutions in the years to come should include the following: • Mobile banking. With the significant development of the usage of smartphones and tablets, mobile banking technology is not an advanced banking service for the few anymore. The era of online banking is nearing to its peak and mobile banking is currently the channel with the highest growth potential. • Cloud hosting. This is another technological advancement that could significantly reduce the infrastructure and systems maintenance for financial institutions as well as the cost of internal human resources needed. • Re-establishment of security needs, following the shift from traditional electronic banking channels to mobile banking ones. Obviously the focus of hackers will not be the personal computers of clients but their smartphones thus security aspects of these devices should be upgraded and relevant solutions should be offered by the financial institutions. • Introduction of customer reward programs for usage of self-service channels and cost saving services (e.g, electronic statements, electronic billings, etc.). • Introduction of cost efficient means for communication with customers through the deployment of multiple communication channels rather than the traditional ones used up to now (e.g. use of message centres and sms communication channels). ...attention should be paid to avoid adopting traditional aggressive cost reduction policies... 2.Organization Structures An organization structure should not be static but its composition and design should be directed by market conditions and characteristics. Institutions that are not ready to proceed to frequent and radical restructures to reflect the constantly changing market characteristics, will surely lose their competitive edge. Financial institutions could further consider the following: • Introduction of maximum frequency intervals for analysing customer needs and market characteristics and consider revising organization structures. • Design of structures taking into consideration the prospects of the market and not only its present characteristics • Introduction of a policy providing for rotation of officers at all levels which will broaden their banking knowledge and enhance mobility of human resources within the institution. 3.Processes The procedural framework of any banking institution is the skeleton on which all operations are based and depending on how efficient these processes are, this will reflect on the overall operational performance of the institution. The on-going reengineering and restructuring of processes by fully exploiting the latest technological advances, is a key of ensuring an efficient operational performance and also by setting the following principles: • Ensuring standardization of the structural and functional procedural framework in all geographical operational segments. • Ensuring that economies of scale are achieved through a combination of processes to achieve lower unit costs of producing financial services. • Ensuring that economies of scope are achieved by establishing a single delivery channel of various financial products/services (e.g. banking and insurance products). • Proactively ensuring that technology is fully utilized and used in the most efficient manner, to ensure that an effective management information system is in place at all times. • Proactively ensure adherence at all times, through the procedural framework, to legal/regulatory frameworks as well as to the institution’s overall goals/direction/strategy. • Proactively ensure elimination of inefficiencies created as a result of poor procedures currently in existence, through a continuous process of reengineering and process optimization and through restructuring of certain services/sectors. • Proactively ensuring that all policies/processes in force adequately address the risks involved by establishing a risk-based approach in all activities related to the drafting of processes. • Proactively ensuring that all policies/process in force adequately address the basic principles of corporate governance by establishing an open and effective channel of communication with the Internal Audit sector of the institution. 4.Customers, Products and Services An effort should be made to differentiate in terms of innovative products and services rendered which will lead to an overall differentiation of the institution in the local and global market. Such considerations should include the following: • Introduction of personalized and tailor made products/services to satisfy specific requirements of key customer groups. This will make customers feel important. • Engage customers from the stage of new products/services design so that to ensure that their demands and requirements are considered. • Implement sophisticated CRM systems to enable an integrated database of the institution’s client portfolio, thus enabling a better evaluation of the client needs. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 27 Economy Breaking Down Barriers, Boosting Growth By Georgios Markopouliotis, Head of the Representation of the European Commission in Cyprus Over the next two years, 90% of world demand will be generated outside the EU. That’s why it is a key priority for the EU to open up more market opportunities for European businesses by negotiating new Free Trade Agreements with key countries. Trade has always played a part in expanding opportunities: From the Andean peoples who used specialisation and exchange to support large populations on a bare minimum of arable land to the free trade-based successes of the United Kingdom in the nineteenth century and the United States in the twentieth. The reason is simple. • Trade provides access to goods and services that are needed by consumers and companies. • It enhances productivity by allowing specialisation and by increasing the level of competition. • And it spurs demand by giving exporters access to new customers. The gains from trade, but also the adjustment it requires, have grown larger over time. There are very few products produced today that do not incorporate either a component or a service from another country. International trade and investment are now at the heart of the production process, as opposed to being just the concern of a company’ sales department. In this context, a country that cuts itself off from trade is doing itself a disservice as its efficiency would drop steeply: • 15% of the value of the European Union’s gross exports is made up of imports. • Two-thirds of all our imports are raw materials and components. • And even a country like Brazil – whose exports are dominated by primary products – has a 10% foreign content in its exports. A figure that will only rise as Brazil moves up the value chain on the back of its high-tech and high-value-added companies. The EU currently has 9 trade negotiations under way and several more trade and development negotiations (EPAs) on going. If we were to complete all of them tomorrow, we’d be adding to the EU economy 2.2% of our GDP, or €275 billion; a figure equivalent to the GDP of Denmark. In terms of jobs, they could generate 2.2 million new jobs or 1% of the EU total workforce. EU-US trade and investment negotiations: a ground breaking step The European Union is committed to pursuing free trade. Only last month, the EU and 28 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 US announced the decision to take their economic relationship to a higher level by agreeing to launch negotiations for a comprehensive trade and investment agreement. When negotiations are completed, this EUUS agreement would be the biggest bilateral trade deal ever negotiated – and it could add 0.5% to the EU’s annual economic output. The Transatlantic Trade and Investment Partnership will aim to go beyond the classic approach of removing tariffs and opening markets on investment, services and public procurement. In addition, it will focus on aligning rules and technical product standards which currently form the most important barrier to transatlantic trade. Studies show that the additional cost burden due to such regulatory differences is equivalent to a tariff of more than 10%, and even 20% for some sectors, whereas classic tariffs are at around 4%. Negotiations will aim to achieve ambitious outcomes in three broad areas: a) market access; b) regulatory issues and non-tariff barriers; and c) rules, principles, and new modes of cooperation to address shared global trade challenges and opportunities. This decision is indeed a ground breaking step. Trade relations between the EU and the US are the backbone of the world economy. Together, the European Union and the United States account for about half of the world GDP (47%) and one third of global trade flows. Each day goods and services of almost € 2 billion are traded bilaterally, contributing to creating jobs and growth in our economies. Economic ties between our economies are deep and diverse, with aggregate investment stocks in excess of € 2 trillion. Latest estimates show that a comprehensive and ambitious agreement between the EU and the US could bring overall annual gains of 0.5% increase in GDP for the EU and a 0.4% increase in GDP for the US by 2027. This would be equivalent to €86 billion of added annual income to the EU economy and €65 billion of added annual income for the US economy. Policymakers need to understand the realities of today’s world economy. We need trade to boost growth and that trade must flow two ways if want to make the most of it. Imports and exports are not rivals. If Europe is to remain at the forefront of competitiveness, it needs both. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 29 Economy Economic crisis and women the European Parliament’s view By Tasos Georgiou Head of European Parliament Office in Cyprus Women have been hit hard by the crisis: they are more likely to work part-time, unemployment has increased and social services have been cut. This year’s International Women’s Day on 8 March was dedicated to how they are weathering the economic crisis. Boosting women’s participation in the job market will be a key factor to any recovery, but how could the EU help? The European Parliament’s Committee on Women’s Rights and Gender Equality approved on 19 February 2013 an own-initiative report setting out what measures are needed. The report points out that women already suffer from lower salaries and employment security compared to men, which makes them more vulnerable to changes in the job market. French MEP Elisabeth Morin-Chartier (EPP Group), who was the rapporteur, stressed: “When the economic crisis started, men were hit first, but now women face a silent crisis that makes their situation worse.” Some 32% of women work part-time compared to 8% of men. Women, who traditionally have more responsibility for family issues, have been hit by cuts in welfare. Many are forced to leave work to care for children and older relatives. Single mothers are particularly vulnerable. On top of that, women earn on average 17% less than men for equal work. That is the EU average. In Cyprus this pay gap is 21%. French MEP Morin-Chartier (EPP group), said: “Unfortunately, employment for men still seems to take priority over that for women. The crisis has hit women’s jobs hard and the effects are likely to be lasting. Before the crisis women were already more likely than men to be unemployed, to be working part-time, have precarious jobs, suffer from low wages or a lack of career progress. Today because of the crisis, it has got even worse for them. How the crisis is affecting women’s work is at the heart of equality and employment policies. We should stop the decline of women’s position in society.” Improving the situation The report adopted by the Committee on Women’s Rights and Gender Equality identifies several measures to help women in the job market. According to the report, the EU should facilitate women’s entry in professional life through the European Social Fund and other programmes. Member states 30 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 should encourage women to start up their own company, companies should open more crèches and gender equality should be integrated in the employment and economic policies of the EU and its member states. “Women’s Response to the Crisis” - International Women’s Day 2013 Every year the European Parliament celebrates International Women’s Day with an event that brings together European and national parliamentarians from parliamentary committees for equal opportunities. Taking into account the adverse effects of the economic crisis on women, the European Parliament decided that for this year, the event should focus on the theme “Women’s response to the crisis”. During the event three discussion panels were foreseen, focusing on the following topics: - Financial and economic crisis and its effects on women: “wise women” - best practices from women-professionals - Overcoming the crisis - Experiences and best practices from National Parliaments - How can the EU support Member States in strengthening women’s social and economic rights during the crisis? Members of the European and National Parliaments had the opportunity to share their views about the effects of the crisis on gender equality and the situation of women. Another objective was to share best practices and experiences from successful women professionals on how women can face the challenges during the crisis and also how to see the opportunities in these challenges. In Cyprus, the European Parliament Office, the European Commission Representation, the Ministry of Labour and Social Insurance, the Press and Information Office (PIO) and the Cyprus Association of Business and Professional Women have also celebrated the International Women’s Day with an event focusing on equal pay for equal work between men and women. The event took place at the Mall of Cyprus on 9 March. Issue and offer of financial instruments to the Law, complex to the investing public According financial products must be offered This article intends to provide clarification of some aspects of a topic that currently attracts much interest, namely the issue and public offer of financial instruments and the competence and relevant powers of the Cyprus Securities and Exchange Commission (CySEC). By Mrs. Demetra Kalogerou, Chair of the Cyprus Securities and Exchange Commission The Public Offer and Prospectus Law of 2005 provides for the publication of a prospectus for each new issue of securities by a firm (referred to as the “Issuer”) and for any offer to the public and/or admission to trading on a regulated market. The said Law, together with Regulation 809/2004 of the European Commission, determine how the prospectuses are to be drawn up and specify the minimum information they must contain. The CySEC is the supervisory authority with the responsibility to check and make sure that each prospectus includes all the information required in accordance to the Law and EU regulation. A prospectus must contain, for example, adequate reference to the risk factors that affect the issuer and the performance of the securities issued and detailed explanation of the terms of the issue. Only after a prospectus is approved by the CySEC, does the Issuer have the right to proceed to the next step which is the public offer of the securities issued. All the prospectus that are approved by the CySEC are available on the relevant Issuer’s website and also on the public registry the CySEC maintains on its website (www.cysec.gov.cy) in order to be easily accessible to anyone interested. Investors are encouraged to carefully read the relevant prospectus before they decide to invest. The act of offering or promoting financial instruments to investors constitutes provision of investment services, an activity which is regulated by the Investment Services and Activities and Regulated Markets Laws of 2007 to 2012. In accordance with these Laws, the entities authorised to provide investment services in Cyprus are the Cyprus Investment Firms (CIF), investment firms of other EU member states, banks and co-operative credit societies. These entities may provide investment services in accordance solely to investors capable of fully understanding the underlying risks with the specific provisions of the legislation in reference to them and only after being authorised by the competent supervisory authority. For example the CIF are to be licensed by the CySEC and the commercial banks by the Central Bank. The supervisory authorities have the responsibility to ensure that entities under their supervision apply proper procedures in connection with the provision of investment services based on the said legislation. For example, according to the Law, a person who provides investment services has an obligation to make an “assessment of the suitability” of the financial products offered vis-à-vis each investor, as well as a “compatibility assessment” of whether the investment options promoted are aligned with the special characteristics of each investor. In addition, the legislation provides that financial products that are deemed complex should not be offered to investors who are not capable of understanding the underlying risks. The methods of promotion of financial products used by financial institutions is under debate both in Cyprus and at EU level, in particular with regard to the conflict of interest that arises when the promotion of financial products is done by the Issuers of these products. In addition to the matter of promotion, there is also the matter of the suitability in the design of the financial products to begin with, since at present this area is not regulated at European level. As a result, the supervisory authorities in Cyprus do not have any legal power to intervene in the design and characteristics (form and nature) of a financial product. Supervisory intervention in the design of financial products, and/or the potential granting of an approval of financial products before they are placed on the market, is currently being discussed at the EU level. The objective of the discussions is to develop a legislative proposal that would allow for the ex-ante detection of potential threats to investors posed by unsuitable product designs. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 31 Economy Overcoming the present economic crisis Our economy is in the whirlwind of the economic crisis. The robust character of the Cyprus economy, its small size, its dynamism and its flexibility which were the firm features in previous years did not prevent it from facing today the dire need for help in order to survive. By Marios Tsiakkis CCCI Secretary General These developments led the real economy to a terribly difficult position. At present Cyprus has a high unemployment of 14.7 per cent, a fiscal deficit of the order of 4.5 – 5%, a public debt of the rank of 85% of the GNP, a negative rate of growth, (for a second consecutive year), the closing down of enterprises etc. But above all, the economy is suffering from an intense sense of uncertainty dominating the market resulting from the negative psychology created as a result of the reluctance for reaching the required decisions. At the same time state cash is at a marginal point, since the state is unable to cover its current obligations. The firm promotion of Cyprus as International Business Centre must be a constant aim. The only way to face all these dilemmas is development. But development will not come without a prior fiscal purge, recapitalisation of the banks and promotion of deep cuts and reforms. For this reason, we as CCCI, we believe that the Memorandum 32 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 with the Troica, despite its many one-sided terms and distortions, is the only realistic solution which can give us time to breathe and proceed further. By signing the Memorandum with the Troica, which must be done as soon as possible, there will be inflow of funds in Cyprus and we will be in a position to promote measures of a developmental character, which will contribute to our exit from the crisis. The triptyque fiscal purge, recapitalisation of banks and development, must be our roadmap for overcoming the current deadlocks. It is therefore most important to reach decisions now in order to restore the confidence of entrepreneurs as well as of the consumers. In the view of the CCCI, what appears to be of primary priority, is to specify record and set priorities on all the required institutional and operational changes which must be implemented for modernizing the state in its entirety. Changes which will aim at a more effective operation of the state machinery, at upgrading the auditing mechanisms and the proper supervision of the various subsectors and above all the disengagement of the state from political party interventions. What is most needed is to improve the Competitiveness of the Cyprus Economy. The question of the recapitalisation of the banks must also be completed so that the banking system may be in a position to fulfil its role in the economy. Be in a position to offer liquidity to the market, which is now non-existent but also to lower interest rates for loans which at present are at the highest point in the eurozone, and so help enterprises and households. This in its turn will facilitate the financing of licensed development projects which the country needs. Through these projects new job positions will be created and there will be higher demand for a big range of products during the construction of these projects. At the same time the licensing of all private projects which are mature and ready to proceed to materialization (marinas, thematic parks etc) must be completed as soon as possible. Similarly the State itself must also start executing its own projects, for which there is budgetary provision which in their turn will also give a serious push to the market. The robust character of the Cyprus economy... did not prevent it from facing today the dire need for help in order to survive. The firm promotion of Cyprus as International Business Centre must be a constant aim. The Services sectors such as Shipping, Tourism, Financial, Legal, Accounting and Auditing Services must be modernized and upgraded on a constant basis so that they will always remain competitive. Special support must be given for the strengthening of the relevant department of the Ministry of Finance which handles the Agreements for the Avoidance of Double Taxation. The target must be to sign new agreements and at the same time to improve existing ones where we see the need for such improvements. Attracting new investments in projects connected with tourism, energy, education and health must also be a permanent aim and must be supported in all the necessary forms. Special attention of course must be given towards the emerging sector of hydrocarbons; a positive development which if properly handled will give a great boost to our economy. 1.Further reduction of the cost of electricity with the abolition of the Maximum Demand. 2. Increase of the amounts offered for Research, Development and Innovation. Special emphasis must be given to applied research programmes. 3. No increase to the rent for plots in the Industrial Areas and Zones as well as all other state plots used by enterprises. 4. The speediest possible refund of VAT to the enterprises, which helps their liquidity in the current difficult times. 5. Government Departments offering services to enterprises (e.g. Ports Authority, Customs, Health Services and others) must not proceed to an increase of their fees for as long as the economy is in a recession. 6. Announcement of a Grants’ Scheme for the Technological Upgrading of industries. 7. Setting up of a Guarantee Organisation for SMEs to provide guarantees for loans to enterprises. The Guarantee Organisation can also provide partial subsidy of the interest on the basis of the De Minimis rule. 8. Extension of the Tourist Hours of work for shops all over the country., 9. Provision of incentives for promoting investment in Renewable Sources of Energy, Green Products and the saving of energy. 10.Tax Incentives for mergers of enterprises in order to become more robust. 11.Re-invested profits should indefinitely be excluded from taxation. 12.Introduction of Town Planning incentives for supporting the construction sector. We want to believe that the new government will move on these lines in order to help the economy recover from its present stalemate. Through proper handlings, with determination in our objectives and primarily by being effective, we believe that we will succeed. Finally, we propose the provision of tax incentives and the introduction of measures for reducing the various cost elements which negatively affect the competitiveness of our enterprises. Such measures may include: ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 33 Economy Innovative Entrepreneurship: Why Israel succeeds and Cyprus fails? Theodore Panayotou, * Cyprus International Institute of Management The twins of innovation and entrepreneurship, expressed in innovative enterprise are the only tools that could sustainably get us out of the economic recession and set us on the road to recovery and growth. The technological and business innovation is the ultimate source of productivity growth and competitiveness. Israel has a fraction of the resources per capita we have and fewer than almost any other country in the world and yet it has managed to become the start up nation of the world; it thrives in the midst of economic crisis, while we wander about aimlessly unable to pay even people’s wages. Israel with its technological sophistication and business acumen has managed not only to survive in an area surrounded by enemies that threatened it’s very existence, but also to become the envy of even the developed countries of Europe and America . Israel has more companies listed on the stock exchange of NASDAQ, the second largest in the world. In per capita terms, Israel has more startups than any other country in the world and attracts 30 times more venture capital than the whole of Europe. The Israelis attribute their tremendous technological, business and economic success to the lack of natural resources and to the 300 million Arabs and Iranians that threaten their very existence. But Cyprus is facing similar threats to its national survival but we do not see similar dedication and effort to raise our international competitiveness through research, innovation and entrepreneurship. Now that we both have discovered natural gas, we celebrate wildly for our luck, while the Israelis are worried that the discovery might undermine what they have achieved through hard work, research, innovation and entrepreneurship. They fear that it may lead them to new adventures. Could it kill the incentive for continued progress and distort the economy? Could it bring easy riches, complacency and corruption, as it happened with their Arab neighbors. They are debating ways to handle this double-edged sword in order to make it more of a blessing than a curse. They are 34 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 not prepared to sacrifice even 10% of their research, technology, innovation and entrepreneurship at the altar of the natural gas. If anything, they plan to invest much of heir gas revenues in redoubling their research and technological innovation efforts. Thus, in Israel necessity and adversity gave birth to creativity and entrepreneurial culture, but not so in Cyprus, despite the proximity and similarities of the two countries. Why Israel did it while we did not. The reasons are many but almost all have to do with the different mentality and culture which has developed in the two nations since gaining their statehood, basically the past half century. In Israel, an insatiable questioning of authority and an anti-hierarchical ethos dominates political and economic life. In Cyprus the ‘deification’ of power and hierarchy dominates all aspects of life. In Israel, a man is defined by what he can do and how well he does it. In Cyprus a man is defined by title or position, and based on whom you know rather than what you know. In Israel, the teacher acquires appreciation for the student and the manager for the employee. In Cyprus, the opposite: the student owes respect and allegiance to the teacher, the employee to the manager, and the soldier to the officer regardless of ability, competence and performance. The Israelis from infancy are trained to challenge the obvious, to ask many questions, and to debate and criticize everything, to think creatively and to innovate. In Cyprus, children are trained to accept what the grown ups (parents and teachers) say and not to question it. When I teach in Israel 80% of the students ask questions; they challenge everything, I say. In Cyprus, if you’re lucky 20% rarely asks questions and hardly anyone challenges the teacher. Our centralized education system is investing in routine, extrinsic incentives, standardization and conformity, while in Israel it promotes diversity, intrinsic motivation and spontaneous creativity and imagination, just those skills required by the connected and globalized international economy . In Israel, if you’re the manager your authority will be constantly challenged: why should you be the manager of me and not me the manager of you and, therefore, you must be constantly proving by your decisions and actions that you deserve the position you hold. Even army officers are being challenged by their soldiers. Blind obedience is not required; actually it is frowned upon. In Cyprus the opposite happens. Many of the officers of security forces and the managers of the wider public sector and even the private sector, have obtained their position by political favor and connection or based on the number of years of service and not through their own merit. It is then not surprising that they impose their authority by discipline rather than earn it with their performance. Their subordinates know that the only way to climb the ladder is to follow their example, buttering up their superiors and investing in personal and party connections and not in performance and creativity. In contrast to the usual practice in Cyprus, in Israel subordinates do not run to their superiors to solve problems, but they assume the risk and the responsibility to invent imaginative solutions in real time and on the go. Textbook answers are discouraged and imaginative solutions are sought. Thus, most innovations are bottom-up, not top-down. In Israel, military service has become an incubator of innovative companies (startups). Those who haven’t served in the army have a hard time finding work in government and business because they are considered to be “problematic” and immature, having lost the opportunity of technological training and operational experience offered by the military service. In Cyprus, the military service is considered a necessary evil and a waste of time since neither technological training nor professional development of soldiers takes place, while exemption from service can be achieved with the right connections. Another important factor in creating innovative enterprises in Israel is the willingness to take risks and an accepting attitude towards failure which entices failed entrepreneurs to use their experience and try again instead of stigmatizing and marginalizing them. Without tolerating a large number of failures it is impossible to achieve real innovation. But the failures should be “smart failures”. We must distinguish between a well-planned experiment and a Russian roulette. Risks undertaken intelligently and not recklessly result in useful lessons even if the enterprise fails. Studies have shown that entrepreneurs who failed in their previous company are twice as likely to succeed the next time around compared to those who are starting their first business, and almost the same chance with those who succeeded the first time. Whether they succeed or fail, entrepreneurs make their contribution to the economy. If they succeed, they create new valuable products and services; if they fail, they keep the established entrepreneurs under constant pressure to innovate. Unfortunately, in Cyprus failure is stigmatized and the unsuccessful businessman is marginalized. The bankruptcy law is unforgiving and works proactively as a deterrent against any attempt for innovation and entrepreneurship. When profit from success is demonized and failure stigmatized, it is not surprising that high-risk, high-return innovative entrepreneurship is rare in Cyprus while in Israel it is commonplace and produces miracles. SHORT BIO *Dr. Theodore Panayotou is Professor and Director of the Cyprus International Institute of Management (CIIM). He served as Professor of Economics and the Environment at Harvard University and consultant to the UN and to governments in the U.S., China, Russia, Brazil, Mexico and Cyprus. He has published and was recognized for his contribution to the Intergovernmental Committee on Climate Change won the Nobel Peace Prize in 2007. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 35 Economy The End of the Innocence Time and money have finally run out for the government but there is an even greater underlying problem in Cyprus By Andrew Demetriou, Director Ioannides Demetriou L.L.C. We stand today in the shadow of the worst financial crisis that Cyprus has ever faced. Our people are more dejected and more pessimistic than they were after the 1974 invasion. Our politicians have demonstrated a disappointing inability to rise to the challenge. The former President was refusing to blame himself or his government for the crisis, having forgotten how, not so long ago, he and his Minister of Finance assured us that the Cypriot economy was intrinsically sound and isolated from the crisis that was taking hold in the rest of the eurozone. The former President’s blaming of the banks for the present crisis is not entirely without foundation (though it is not the whole truth either) but it has further undermined investor confidence in Cypriot banks and, in turn, led to an unprecedented outflow of foreign and local deposits at the worst possible time. At the same time it has dealt a body blow to the most vibrant sector of the Cypriot economy: Professional Services. However, I truly believe that the most significant factor in bringing on the Cypriot financial crisis is the social malaise that has existed since independence in 1960. It is the same social malaise that makes students at local universities take to the streets whenever an increase in the retirement age for civil servants is announced. It is expressed in the modern Cypriot dream of sending one’s children abroad to study and then to use connections with those in authority to secure employment for them in the civil service or a semi-government organisation. Sadly we are all guilty of perpetuating this malaise, and none more so than the political parties, which without exception, have historically made an art form of trading votes for jobs. As if this were not bad enough, successive governments have traditionally given in to public sector wage and benefit demands unrelated to productivity or value gained for money spent. This has led to a bloated and inefficient public service which 36 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 represents far more of the GNP than is acceptable or manageable. These are not just my views but those of the majority of Cypriots and, now, of the Troika too. The economy will eventually be revived but I fear that we are about to witness economic, social and cultural changes that will mark and change our country and our people forever. The age of Cypriot innocence is over. We shall witness a fragmentation of society and a drastic reduction of the middle class that has been the driver of economic success, and a nation in which the “haves and have nots” are brought into a sharper focus. The social effects of a contracting economy are devastatingly soul-destroying on an individual and on a national level. Each shop closed on a high street is a family without employment or income. Each loan called by a bank is a business closed and a family plunged into unproductive debt. The majority of our new university graduates are unemployed. The debts incurred by their parents to educate their children are outstanding without the prospect of additional family income to reduce the financial burden that these represent to most families. The economy, which is vital to our social wellbeing as a nation, must be the next President’s first priority. Tax increases and spending and benefit cuts are clearly shortterm fixes. The challenge lies in tackling the larger issues. The public sector must serve the public in an efficient and cost-effective manner and it must stop being a vehicle for the political parties. This is a big “ask” since the new President will undoubtedly go through a term of extreme unpopularity as a result of the financial crisis which he will inherit. But if he can find it within himself and his party to rise to the challenge and eradicate the malaise, he will be doing the greatest possible service to the country. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 37 Economy The reactivation of the Cyprus Economy By Tassos Anastasiades, Economist, Deputy Editor, Accountancy Cyprus The winding up of Laiki Bank and the imposition of a levy up to 40% on deposits above €100.000 at the Bank of Cyprus, the largest lender on the Island, will adversely affect individuals and companies with serious economic, political and social implications. It is for this reason that in a recent publication The Economist Newspaper stated that banks in need of capital should be recapitalized directly through the EMS rather than burdening the government with the debt. the press and television recommending ways to reduce private consumption. If people follow this advice and consumption is reduced, unemployment will rise. The patriotic duty now, for those who can afford it, is to spend as mush as possible because this will lead to a higher employment and reduced unemployment. In this respect it may be noted that the Government should not yield to pressures from Troika to increase taxes and reduce expenditure because this will deepen recession. The situation in Cyprus is serious but not desperate. Therefore, what should be presented is measures for the reactivation of the economy, and optimistic suggestions and opinions for the future, and not pessimistic messages, as those which seem to be conveyed in an article published in the Financial Times by professor Christoforos Pissarides, the Nobel-prize winning economist, adviser to president Anastasiades. It is not possible to expect foreign investments and the arrival of new foreign companies in a country where a sentiment of desperation and depression prevails. Ireland entered the stability mechanism but it took measures, wage costs dropped and now exports are rising to the point that the country has returned to the financial markets and borrows at reasonable interest rates. It is now expected that shortly will get out of the stability mechanism. With regard to investment demand the Government should promote development projects, where possible by using the method with which the two airports were constructed. The Government should introduce tax incentives for investment and exports such as targeted accelerated depreciation allawances. A tax amnesty for capital imported and invested in certain sectors is desirable. In parallel, privatizations of state companies should be promoted. After the Turkish invasion in 1974 most of the industrial, agricultural and touristic infrastructure was occupied by the Turkish invading forces. At that time I was working in the Ministry of Finance and as we strongly believed in the future of Cyprus we took measures. We introduced accelerated depreciation allowances (100% from the first year) for housing and industrial buildings, and for plant and machinery. We set up the institution of offshore companies and offshore banks, initially taxed at zero percent rate and later at 4,25%. For the directors and managers of the offshore companies, who received their salaries in Cyprus, their tax rate was 1/10th of the usual rates so that it was an incentive for them to locate their companies here. Earnings from the export of new locally produced goods, except petroleum products, were taxed at half the prevailing rates for a tenyear period. The salaries in the public sector were reduced and social and welfare expenditure increased. At the same time, we tried to avoid the decrease of private consumption which is the main motor of development. It is important to note that private consumption expenditure in Cyprus is around 70% of GNP. Therefore, it is inconceivable for articles and suggestions appearing in 38 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 Efforts should be made for reducing wage costs, perhaps through higher productivity gains and/or lower pay increases, so that our industries will become more competitive to offer goods and services, mainly for export, in other words to copy Ireland. The services sector should be promoted because it is a sector in which we have a comparative advantage. It may be noted that the services sector does not need an oversized banking sector to thrive. The accountants, the lawyers and the business advisers should travel abroad not only to convince their customers to stay in Cyprus but also to convince new companies to register here. Cyprus may have been forced to impose a levy on bank deposits in the two big banks of Cyprus above €100.000 but it has an excellent human resource with qualified and experienced accountants, lawyers, business consultants, computer experts and a high caliber secretarial staff. It has a wide network of agreements for the avoidance of double taxation. It is endowed also with excellent climate conditions and a good geographical position. An expected decline in real estate prices, as a result of additional properties put on the market by banks due to non-performing loans may be the catalyst for new foreign investors in search of opportunities. Finally, it should be emphasized that it must be generally accepted that we are and will continue to remain in the Eurozone. And that, besides the many economic, political and other advantages, which emanate from our presence in the Eurozone, is a significant reason for attracting a number of foreign companies and foreign investments. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 39 Economy Austerity Measures and Restructuring: The lessons we didn’t get By Dr Iacovos Aristidou Ex-Minister of Labour and Social Insurance Ex-Director General, Planning Bureau During the last few years I have observed with great satisfaction an increasing intervention by academicians in the dialogue about the economy, something that was missing during the first forty years of the Republic until the establishment and maturing of university life. The only pitfall is the lack of drawing lessons from the very rich experience gained through very hard times during the period after Independence. Had certain concrete efforts undertaken at times bore fruits, the present economic crisis would have had only some retarding effects on the economy and not its destruction. The present article has been initiated by Christoforos Pissarides’ very interesting recent speech with the above title, somehow revised. These efforts were part and parcel of the Development Plans which aimed, not only at securing the highest possible rate of growth but promoting other basic goals: securing sustainable development without inflation through structural changes, more equitable distribution of income and progress in all other sectors. Unfortunately this targeted methodology for development, which led to two economic miracles, the exodus from under- development before the invasion and the successful handling of the tragic repercussions of the invasion, was interrupted eventually and replaced by ad hoc decisions, necessitated by party and other expediencies. I agree that the ‘real drama of the present crisis rests with households because of the plague of unemployment and the young people who have not tasted yet their first job’. If the crisis emanated from the malfunctioning of the labor market alone, then, why underdeveloped countries, where labor cost is minimal and labor hands are abundant, do not develop automatically? If this theory applies to developed countries only, perhaps the reason lies in the fact that 40 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 attention was one-sided, only on the issue of the labor market. Labor input is responsible for the largest part of the cost of production of GDP. Various pieces of research have concluded by now that ‘technical change’ is becoming all the more important input of production and, thus, of production cost. The same can be said about the macroeconomic environment in which production is taking place. According to the theory of automatic adjustment, the new conditions in the labor market in 1974 (40% unemployment) should have induced the economy to a speedy recovery and growth. However, a disorderly adjustment to the new conditions would have also meant disorderly conditions in the future. Instead, the situation was faced through common decisions of the social partners. Salaries and wages were reduced up to 25% and a Fund for Refugees was created where the reductions were deposited except if the employer did not dismiss employees. Analogous arrangements were made for other elements of cost of production. The Emergency Plan provided other incentives and facilitated reactivation. I am not sure whether the cause of all undesirable social phenomena is economic stagnation. Unfortunately economic science alone cannot explain and cannot solve such social problems, which can be observed also at times of economic upswing. Perhaps the answer could be found through a joint effort by economists, sociologists and political scientists. Despite the Cyprus ‘economic miracles’, such phenomena did not disappear, as they did not in other developed countries. Other lessons we should have learned from the experience of 1974 are the role of indebtedness of the State and the need to create the necessary environment for sustainable growth. Indeed high indebtedness does not allow continuous development. It is not surprising that households ‘save for 2013 Ranked Tier One Tax Planning Advisor Albania: Rr. Hajdar Hidi, Pall. “PIENVIS”, Kati VI, Tirana Tel.: +355 42 248 548, Fax: +355 42 424 448 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 41 rainy days’. The prudent policy followed during the 1960’s on public finances was the first cushion on which the reactivation efforts leaned on. The public debt was only 6.7% of GDP in 1973. It was first the State and later the private sector that undertook to reactivate the bleeding economy in 1974. Personally I wouldn’t be so absolute on the role of the two parties, i.e. ‘their cooperation from a distance’. I support a mixed economic system in which the private sector should be encouraged, assisted and facilitated for creative movements forward. However, in those cases where the private sector is unable or unwilling to expand, then, the State should take the initiative. Also the State should keep under its own supervision vital economic sectors for safety purposes. Perhaps the answer could be found through a joint effort by economists, sociologists and political scientists. I have already referred to the great significance of a healthy public financial position. With the State finances in a relatively good position, when the present crisis started in 2008, the Government could have withstood the shrinkage of the economy and the explosion of unemployment through the implementation of public investment projects and/or the facilitation and encouragement of the private sector. At that time it was also possible to execute infrastructural projects through the method of BOT. This could have possibly averted the Cypriot banks from investing in bonds and other papers abroad. After 1990 a new situation prevailed in the international economy, not only because of the collapse of communist regimes but, mainly, as a result of the liberalization of international trade and foreign exchange. In addition to its natural resources, a country can now exploit any comparative advantage it posses. Cyprus has exploited its geographic position and natural beauties, its highly educated human capital and the high quality legal, accounting, banking services and developed the sectors of international business. With the establishment of universities and research centers, Cyprus is now ready to develop other primary, secondary and tertiary sectors with technological and scientific depth. For all these to happen we need much more than simply ‘labor market flexibility’. Certainly, a country needs ‘internal flexibility’ ‘in order to face quickly and effectively new situations which are beyond its control’ and certainly ‘the private sector needs quick response by the State without bureaucracies’. In parallel, however, the country needs the existence of such mechanisms to promote technological advancement and enhancement of its competitiveness, 42 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 connected to the proper prices and incomes policy, etc. All the above should be promoted through tripartite cooperation. The final aim is to promote sustained growth together with equitable distribution of income. This was the aim of the policies followed in Cyprus in the past. If Cyprus did not manage to avoid the present crisis, the reasons must be found elsewhere and mainly in the loosening of the efforts for sustainable growth and modernization of the economy after the successful reactivation of the economy in the 1970’s and 1980’s. When the international crisis appeared in 2008 Cyprus was not ‘highly indebted’ but with structural production weaknesses and, therefore, with ‘low levels of competitiveness’. The Government could not mitigate the situation as gradually it had developed a public deficit itself. But how did we reach this economic ‘impasse’ at the beginning of the international economic crisis? After the spectacular reactivation of the economy following the invasion, a planned and coordinated effort was initiated to consolidate and secure the achievements, as well as to upgrade technologically and restructure the economy so as to become more and more modern and competitive. New economic activities were spotted and encouraged, such as international business and banking/financial services, in addition to the traditional sectors. Cyprus became a real regional, economic, trade, shipping and offshore/financial centre. Unfortunately all other sectors were neglected. Agriculture was continuously shrinking to the point to import ‘garlic from China and lemons from Argentina’. Manufacturing industry, which was planned to become the main lever for technological upgrading of the economy with the creation of technological parks and the introduction of systems of flexible specialization and modern technology, was abandoned to its destiny. Whereas the actions undertaken in the 1980’s led to the establishment of universities, the connection of academic life with the real economy has been limited up to now. A better utilization of the modern computerization methods could reduce cost and speed up work in the public and the private sectors and the development of a new sector of services on its own. No doubt, the improvement of competitiveness of the economy depends a lot on both the prices of factors of production and their behavior and whatever else adds to the final cost, such as the cost of public administration. The question is how should the prices of factors of production, especially those of labor input, be formed, according to the market laws or with dialogue and agreement between interested parties? The free functioning of the economy leads to economic cycles. An agreement on the evolution of the price of labor input based on productivity would benefit all sides. It was towards this direction that efforts were made since 1968/9 with a view to develop and apply a prices and incomes policy based on real facts and not on the phase of the economic cycle. Despite progress made since then, good economic circumstances at times led to abandoning the efforts, as happened in many other cases, for temporary benefits. In the future we must try again to develop and adopt a healthy prices and incomes policy. Related to this is a close watch of the prices of basic products and raw materials. With regard to the other cost elements, I will mention the administrative cost, which at the end is born by both productive units and households. During the last decades we have ignored the very small size of our country. A characteristic example is the case with Municipalities. In the wider Nicosia area, which is not more than a small neighborhood of London, about ten municipalities were established with separate services and organization structures. The only common element of these municipalities is that of the sewage system! In addition, successive Governments resorted to the enlargement of civil service. Thus how we reached the point of bankruptcy. In addition and in view of the haircut of the debt and the situation in Greece, Cypriot banks are in need of State support to continue their function in the economy. What do we do now? The examples of England in the 1970’s and 1980’s, as well as of Germany in the 2000’s indicate that austerity measures lead to worsening situations. The fact that in both cases there was later an economic revival is due to the fact that both are mature economies and could take advantage of the competitive conditions created by the measures. In the case of Cyprus, however, in addition to austerity and other measures for the rationalization of the labor market and that of other factors of production, there is a pressing need to enlarge the productive basis of the economy. In addition we cannot ignore the banking dimension of the problem. It is for these reasons that I have insisted that the Memorandum be supplemented by an Emergency Action Plan envisaging also measures leading to growth. A small amount could be added to the total loan for development projects to be executed by the Government or the private sector through targeted loans by the banks. The period of the loan could be adjusted to allow time for the progammes and measures to bear fruits. I don’t reject the idea for the creation of a Council for Public Finance or a Council for Economic Policy because I don’t reject the scientific study of basic issues that confront the Country. All political parties should establish their own advisory bodies consisting of people with the right experience to help them produce the right policies. Public finances are among the few macroeconomic issues that are debated by the House of Representatives through the Annual Budget and supplementary appropriations. So far the institutional measures by the ECB have not helped the establishment of an effective financial union. Irrespective of the present problems of the banking and financial sector we must try to safeguard it as a vital sector within Cyprus’s international activities. In addition we must see that the sector serves adequately the financial needs of the Country. It should be noted that in 1974 a 4% of total bank deposits was frozen to form the Priority Fund for the financing of the private sector in areas set out by the Emergency Plan and with Government guarantee for all those who lost their properties in the occupied area. What is missing since the 1990’s is a flexible strategic planning mechanism for the whole economy, including public finance and banking. This mechanism should encompass both production and equitable distribution as well as the social, legal, institutional setup. This is the first requirement for social cohesion as it will induce all to work hard for more progress. In such a situation the celebrated system of flexicurity could be more easily applied. In the Cyprus’s long experience in tripartite cooperation and social welfare all these could be advanced through a continuous dialogue. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 43 Economy The benefits derived from the Cyprus Double Tax Treaty network under the current economic circumstances By Costas Markides Board Member, International Tax Services KPMG Limited The information surrounding the negotiation for a Memorandum Of Understanding (MOU) between the Cyprus government and the Troika, made even the most unsuspected Cypriot citizen, to realize the extent of the well coordinated plot against the already suffering credibility of Cyprus as an international financial centre. The effort to build a credible image for Cyprus has commenced since the early years following the Turkish invasion of 1974. This effort reached its peak before the global financial crisis of 2008, and has indeed been accredited in a number of cases. Probably the most notable example is the inclusion of Cyprus in the OECD’s white list of jurisdictions that have substantially implemented the internationally agreed Tax standard. This was a seal of approval that Cyprus fully conforms to the OECD’s guidelines and that all transactions are effected in a transparent way and clear from any unlawful and harmful tax competition practices. It is worthy to mention that the abovementioned list did not include countries such as the Netherlands, Austria, Luxembourg, Switzerland and Belgium, when first issued April 2nd 2009. Building upon the credibility secured over the years within the international tax scene, Cyprus managed to conclude an enviable Double Tax Treaty network (DTT) with the most economically important countries globally. It needs to be mentioned that countries with zero or negligible corporate tax rates (i.e Tax Havens) do not have a double tax treaty network in place. It is therefore clear that when referring to Cyprus as a “Tax Haven” one can only manifest malicious motives. The already extensive and at the same time growing double tax treaty network of Cyprus discredits any such rumors. During the last two years Cyprus has concluded or renegotiated Double Tax Treaties with countries like Spain (2013), Estonia, Finland, Portugal, Ukraine, Poland (2012) and Germany (2011). Estonia is the first of the Baltic states that concludes a treaty with Cyprus, while Latvia and Lithuania have agreed upon the relevant text and the signature of the relevant treaties will take place in the foreseeable future. 44 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 The signature of a DTT with Portugal can be seen as the natural consequence for the removal of Cyprus from the Portuguese “black list” in November 2011. In February 2013, Cyprus has concluded a treaty with Spain. This development is also expected to contribute to the removal of Cyprus from the Spanish “black list” and strengthen the current negligible economic interaction between Spain and Cyprus. With the exception of the Netherlands and Luxembourg (for reasons of their own), Cyprus has concluded treaties with all the remaining member states of the European Union. In addition to the general provisions of each treaty, the article on exchange of information provisions is of immense importance. By agreeing to the exchange of information the competent authorities of Cyprus clearly express its commitment to internationally acceptable tax standards. The conclusion of treaties with information exchange clauses is a fact that can speak on its own, during our current referral to the European Stability Mechanism when such an application will be reviewed by the respective Parliaments of the EU member states. The commitment of Cyprus evidenced through the conclusion of Double Tax Treaties can appease any concerns wrongfully expressed by fellow member states. Further to enforcing the credibility of a country, double tax treaties primarily aim to form the entry point to new markets and new business opportunities. As a result they can greatly enhance and expedite during such turbulent times the recovery of the Cyprus economy-both in the short term-and also set strong foundations to resist similar situations in the long term. The opportunity presented with the recent discovery of vast oil and gas reserves in our exclusive economic zone, must be promoted as a tool for the renegotiation of the current but outdated treaty with the USA and the conclusion of new treaties with the rapidly developing states in South America and Africa. In this manner, Cyprus can play the role of the credible financial centre that will connect Europe with Asia and Africa. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 45 Economy The Aftermath from the Elections: What Lies Ahead? By George Theocharides Associate Professor of Finance Director of MSc in Finance & Banking, CIIM 46 At last, after a prolonged campaign period, elections are over and the new Cypriot government is taking over from March 1st. Expectations are high, and there seems to be a revived optimism among our citizens that a new government, with fresh and innovative ideas, will help us resolve (sooner than later), the numerous problems that our country is facing. Psychology plays a big role in shaping the future, and the first signs are that this has improved, both inside the country but also the way that foreign officials and investors are viewing Cyprus. However, the massive problems are still there and the new government has a very difficult task to accomplish. First, there has to be a final agreement and signing of the memorandum, by the end of March the latest. The reason is that it would take some time for the funds from Troika to arrive, and we all know that on June 3rd we have €1.4 billion government bonds expiring that we need to repay. Thus June 3rd can be considered our “fiscal cliff” and we need to make sure by that time we have the funds available to honor our obligations, otherwise that would imply default with all of its negative consequences. Before arriving though to the final agreement, a lot of work still needs to be done. First, we might need to secure a short-term loan, either from the Europeans or a third party, to have enough funds for our immediate needs before receiving the money from Troika. The new government also needs to prove to the other members of Europe that we mean business by signing the memorandum as well as taking all the necessary steps to accomplish the reforms and fiscal/banking adjustments under the agreement. We also need to convince them that they wrongly and unfairly accuse us as a “tax heaven” or money-laundering location. Unfortunately, the prolonged delay in agreeing with Troika led us to get caught in the middle of an election campaign in Germany. The outcome was that the German government and politicians were extremely harsh on us in an effort to prove to their taxpayers that they are not using their money for bailouts of “corrupted” countries. Furthermore, we need to take measures that will make our debt sustainable, so that we stop this damaging discussion about haircuts either on government debt holders, or on uninsured depositors in our bank- ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 ing system. First, a meaningful haircut on government debt holders (that would substantially lower our debt level) is extremely difficult to achieve given the fact that only a small portion of our government debt is owned by foreign private investors (less than 21% of GDP). Given the fact that our debt level in the near future could reach levels above 140% of GDP, such a haircut would not make a huge difference. Second, a haircut on uninsured depositors (i.e. deposits above the level of €100,000 that are guaranteed by our Central Bank) can easily cause bank runs and a complete destruction of our financial and banking sector. Being a financial and service center (almost 50% of our GDP comes from such a sector) one can understand the outcome for the entire economy. Thus, the new government needs to find alternative ways to make the public debt sustainable, so as to avoid privatizations of profitable state-owned enterprises that are strongly pushed upon us by Troika. Over and above the much anticipated recapitalization of our local banks, the government needs to include anti-austerity measures that will promote growth and help solve what seems to be our biggest problem – unemployment – by creating new jobs. These measures could be incentives for swift recovery of the crucial construction/land-development sector, the utilization of government land, the development of technological parks, the creation of casinos, and the drastic reduction of bureaucracy in the civil service, among others. Obviously, the prospects that lie ahead from the recent findings of natural gas in our Exclusive Economic Zone is a reason to be optimistic about the future of our country, but it will take time to start benefiting and earning revenues that would lower substantially our public debt level. Overall, although many obstacles lie ahead, I am optimistic that with the right and carefully-thought moves we can actually get the economy soon back on track. I would even say that in the medium to long-run these changes that are being brought on us by Troika and the memorandum will make our economy more resilient. By implementing the provisions of the memorandum we can emerge from the crisis as a much more solid and structured economy, with more fiscal discipline, and a healthier banking sector. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 47 Economy Should Cyprus be grateful for Euro Zone Financial Assistance? Cyprus today is in desperate need of a bailout loan from the Euro Zone. So we should be grateful if the Euro Zone finally decides to lend us the necessary finance. But it is worth noting how we got to this point. Membership in the Euro Zone has itself played no small part. Of particular interest here are those Euro Zone features (indicated below) which have contributed to our present near bankruptcy. By Dr. Jim Leontiades, The Cyprus International Institute of Management 48 Greater Ease of Borrowing: Mentioning “ease of borrowing” may sound strange in our present situation but joining the Euro Zone initially made borrowing much easier. As members of a powerful European group, member countries enjoyed much easier access to credit markets. Before becoming a member the Greek government had to pay over 20% interest for long term borrowing. Upon joining, this dropped within a few years, close to 5%. Easier credit fueled excessive public expenditures such as the infrastructure investment for the Athens Olympics and expansion of already oversized public sectors. Private companies as well as private citizens joined governments in a borrowing spree. Credit fueled spending drove public and private borrowing to new heights. As countries ran into credit difficulties, the cost of borrowing reversed itself, becoming ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 much higher. Common Exchange Rate: Joining the Euro Zone meant that individual member countries no longer had a national exchange rate. The Euro exchange rate is a sort of average between the exchange that the more the more competitive countries like Germany would command and those of the less competitive Southern European countries. The more competitive countries therefore gain, enjoying the trade benefits of a lower exchange rate than they would have had outside the common currency. The less competitive Southern European members, are encumbered with a Euro exchange rate higher than warranted by their own competitiveness. Outside the Euro Zone their exchange rate would be lower. The high exchange rate of the Euro hurts their exports while at the same time encouraging imports. For these countries, the result has generally been a negative trade balance, financed by more borrowing. No Exchange rate risk: A common currency eliminates exchange rate risk between member countries. This risk and its associated costs are eliminated for companies trading or investing between member countries. Cross border trade and investment between all Euro Zone countries expanded rapidly. That was the objective. Lower risk on sovereign debt bonds: Joining the Euro Zone appeared to make sovereign debt a thing of the past. Even before the establishment of the Euro Zone, default on sovereign debt was almost unknown in Europe. A sovereign debt default was then thought to be something reserved for less developed countries. Greece had not had a debt default for some 80 years (since 1932). The President of the European Central Bank in the early years, Jean- Claude Trichet, declared himself to be against sovereign debt default by a member country. The argument as to whether there should be a debt default y Greece and, if so, by how much, raged for months. Eventually, the hard line austerity school won and Greek bonds suffered a default of over 70%. The assumption that members of the European currency union would not default was shown to be mistaken. Volatility in the sovereign debt of a number of European countries followed. The features incorporated in the structure of the Euro Zone were meant to encourage cross border trade and investment. They succeeded. Cypriot banks were not slow to take advantage. They rushed to expand their international operations, particularly in Greece where they also enjoyed cultural and ethnic links. In the credit fueled economy of the time, their Greek operations boomed, apparently justifying even further investment. Cypriot banks bought Greek bonds as did many other European and international banks. For Cyprus, this was to prove a disaster. Change in the Role of Central Banks: Prior to joining, each country of the Euro Zone had a central bank which acted as a lender of last resort. This meant that, If required, national central banks could create credit, (so called “printing mon- ey”) to support the price of their bonds by purchasing them on the open market whenever their price threatened to fall to unacceptable levels, as is practiced today in the UK,USA, Japan and elsewhere. After joining the Euro Zone, the national central banks of member countries lost this power. The national central banks of member countries were no longer able to create such credit in support of their country’s sovereign debt. Sovereign debt became more vulnerable to speculators, the so called “bond vigilantes”. Numerous downgrades by the international rating agencies followed. The weaker countries, e.g., Spain and Italy, saw their borrowing costs rise dramatically. Weaker countries, e.g., Cyprus, were shut out of credit markets altogether. The power to create credit in this way was transferred to the European Central Bank. The ECB has the power to support national sovereign debt when and where it chooses. Mario Draghi (“Super Mario”), the President of the ECB, used this power to intervene strongly in credit markets to support the bond prices of Spain and Italy. So now that Cyprus is in its present situation, we should be grateful to the Euro Zone and it’s Troika if they lend us money (the bailout) which Cyprus so desperately needs to prevent bankruptcy. However, although we ourselves have certainly not been blameless, our membership in the Euro Zone and the features noted above have also made a major contribution to the situation we are now in. It brings to mind a definition I once heard of a faithful wife: “ Someone who will stand by you through all the troubles you would not have had if you had not married her in the first place”. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 49 Economy Back to the pound, what does it mean? By Marios Mavrides Member of the Parliament Associate Professor of Economics European University Cyprus 50 The idea of Cyprus leaving the eurozone and going back to the pound is gaining support in Cyprus during the past few weeks. The logic behind this is that the national currency will enable the government and the Central Bank to manipulate the economy with more flexibility and get the economy moving again. Using its national currency, Cyprus will be able to activate fiscal and monetary policy as well as the exchange rate policy to boost domestic demand and achieve economic growth. The government will be able to apply an expansionary fiscal policy, increasing government spending, lowering taxes and creating more jobs. The Central Bank will be able to apply a loose monetary policy by increasing money supply and lowering interest rates in order to boost consumption and investment. The Central Bank may also use the exchange rate as a tool for boosting domestic demand. A devaluation of the domestic currency would increase exports and reduce imports. That will benefit domestic industries at the expense of higher prices. Devaluation has used in many countries in the past and it is being used today as well. It is a popular method of a quick restart of the economy and it is included in every IMF program which was applied outside the Eurozone. Devaluation is not necessarily a a bad thing as some of the largest economies are using devaluation as a permanent economic policy tool. Japan and china for example, keep their currencies devalued so that they keep their production machines running at full capacity. Even though exiting the euro is becoming more popular every day, someone must realize that it is not an easy way out. First of all, exiting the euro may also mean exiting the Eurozone as well. Even if Cyprus wants to, many years will pass before Cyprus can enter the Eurozone again. Apart from the political issue, returning to the pound is risky and may result in more pain for Cypriots, because the problems are there, and they cannot be solved overnight. Compared to the euro, the pound will apply a shock therapy to the problems of Cyprus, which is based on a huge devaluation of the ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 pound aiming to make the Cyprus economy more cost competitive. However, a careful analysis of Cyprus will reveal that this is very difficult to occur and very risky as well. Cyprus depends heavily on imports and it imports most of its raw materials as well. Machinery and equipment, computers and home appliances, furniture and automobiles will cost twice as much if we return to the pound, lowering the standard of living of Cypriots significantly. Petrol is being used as an input in all households and businesses as well (petrol accounts for 60% of the cost of production of electricity). So, on the one hand the economy will become more competitive due to the devaluation of the pound, and on the other hand, the higher prices and the higher cost of domestic production, will cause a reduction of devaluation. Furthermore, exiting the euro will cause a dramatic reduction in wages of the public sector, as the government will have to keep its budget balanced, unless the Central Bank prints fresh cash and finance the deficits. Basically, if the government and the central bank fall into the trap of printing fresh money, then it may enter a vicious circle of an endless printing of money and inflation. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 51 Economy The Implementation of Quality Management System ISO 9001:2008 in the Cyprus Public Sector By Maria Loizou – Tsilimidou Public Administration and Personnel Officer One of the most important issues that public sector organizations around the world face nowadays, is the need for reducing operating costs while at the same time improving the quality of the services provided, since the citizens’ demands are evidently not met to the maximum extent, as weaknesses and deviations are often observed in the various stages of public sector processes. A public sector organization can effectively address this issue by developing and implementing a Quality Management System (QMS). The general objective of the QMS is the maintenance and improvement of standards of products or services offered by a private or public sector organization in order to meet the constantly changing customer demands. It is noted that by implementing a QMS, it is not the quality of the product or service that is certified but the system governing the processes of a service or the production of a product which is expected to ensure compliance with the specifications of the product or service. The philosophy behind a QMS is that as long as the “production system” operates on the basis of the principles of quality, it will produce quality products / services, based on minimum standards and criteria. Therefore, the identification of the processes involved in the production of the good or service and their strict application without any exceptions is absolutely necessary. A QMS can assist an organization in different ways: • It provides proposals on organization matters and data that can be easily used within the structures of any organization regardless of its activities. • It obliges the organization to follow some specified requirements enabling it to avoid the “rediscovery of the wheel.” • It facilitates the identification of processes 52 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 and directs the organization to developing measurement and evaluation methods. • it commits the organization to continuous improvement (better management of resources, standardization of processes, saving time, reducing operating costs, internal controls, etc.) Within the implementation of the project titled: “Re-organization and improvement of the administrative capacity of the Public Administration and Personnel Department (Ministry of Finance) and the Labour Department (Ministry of Labour and Social Insurance)” which is co-funded by the European Social Fund, the Public Administration and Personnel Department (PAPD), has recently commissioned to an external consultant to conduct a study, in which, among other things, certain Government Departments ( the Town Planning and Housing Department, the Lands and Surveys Departments, the District Administration Office ( only regarding the building permit process), as well as the Citizen Service Centres) will be prepared to implement QMS according to ISO. The QMS that will be developed and implemented in the above Departments by the external Consultant will comply with the international standard ISO 9001:2008 which focuses on the administrative and organizational aspects of a company / organization, while still covers the complete satisfaction of customers / citizens. In the context of this standard, an organization is required to satisfy a number of requirements which, among others, include: - compliance with the legislation relevant to the generated service - determination and implementation of quality control regimen of the provided service - determination of the employee titled “Qual- ity Manager” who will be responsible for the management of the QMS - continuous monitoring and data recording regarding the functioning of the system and the level of satisfaction The work required for the development and initial implementation of a QMS in accordance with international standard ISO 9001:2008, is dealt with according to the following steps: • conduct of a diagnostic study • designing of the QMS • development of QMS documentation • pilot Implementation of the QMS • commencement of the implementation of the QMS and target setting for its evaluation • staff training To obtain a certificate of compliance in accordance with the principles of the standard ISO 9001:2008, an inspection of the system by an accredited external body is required. The certification can be obtained either for all the activities of the Organization or a subset of the areas of the organization’s activities. Upon completion of the above, the Organization receives a Certificate of Quality ISO 9001:2008, which is valid for three years. The organization enters into an annual surveillance regime by the certification body, until the point of recertification which is after three years. The PAPD as the Contracting Authority of the above mentioned Contract, is expected to gain valuable experience and knowledge regarding the process of implementing the QMS in the selected Departments, which will be used afterwards for the expansion of the system in other Departments/Services, in an effort of modernizing the public service, improving the efficiency and effectiveness as well as the quality of services provided to the citizens and the society as a whole. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 53 Economy PIMCO’s expected loss and its accounting treatment After the completion of PIMCO’s due diligence exercise on the credit portfolios of Cypriot banks and cooperative credit institutions, there is still some uncertainty in relation to the interpretation of the results of the exercise and whether these should be incorporated in the financial statements of the affected credit institutions. By Eleni Neocleous, KPMG Limited, Senior Manager, Financial Risk Management By Nasia Savva, KPMG Limited, Senior Advisor II, Financial Risk Management The exercise assigned to PIMCO had as a primary objective the assessment of the resilience of the Cyprus banking system by determining its capital needs under a base and a stress scenario. The key driver of the capital needs for each credit institution was the level of expected losses that have been estimated through a model for the next three years, having as starting point the 30th of June 2012. In the context of Basel II, expected losses represent losses that a Bank might suffer over a future horizon, arising either from the assumptions of a macroeconomic scenario and its relevant projected cash flows or depicted based on its past experience. For the calculation of the expected loss under the stress scenario, a number of unlikely, but not impossible to materialize, assumptions were used. Such assumptions were made on macroeconomic indices such as the country’s unemployment rate and GDP, as well as on other parameters such as real estate values etc. But should the estimated expected loss figure be adopted as a provision for impairment on receivables in the financial statements as per the International Financial Reporting Standards (IFRS) and the International Accounting Standards (IAS)? According to IAS 39 – ‘Financial Instruments: Recognition and Measurement’, impairment losses on financial assets should be recognised if, and only if, there is objective evidence of impairment as a result of an event taking place after the initial recognition of the asset. The Standard also states that losses that are expected as a result of future events, should not be recognised irrespective of how likely it is to actually occur. Since PIMCO’s results on expected losses were derived through stress assumptions and are based on future events, the accounting standard currently in place does not allow their incorporation in the financial statements. 54 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 However, in case that these exact adverse conditions come to realise, the recognition of part, or of all, or even of more than the initial loss estimated, would be inevitable. An additional issue that comes up from PIMCO’s review is the accounting treatment of past incurred losses. In Ireland’s case, where Black Rock performed a similar exercise, one of the conclusions derived was that in previous years, credit institutions failed to adequately provide for loan impairments. As a result the Irish banks were put under pressure so as to recognise the additional losses. In case that the same applies for Cyprus, it is probable that Cypriot banks will be required to re-examine their provisioning methodology. It should be noted that the issue of provisions is currently being examined by the International Accounting Standards Board (IASB) and there is the intention to change the current model for calculating provisions. In particular, the existing IAS 39 incurred loss model is to be replaced by an expected loss model, under which provisions will be calculated in a way that it includes potential future losses that are expected to occur over the life of a loan portfolio. The purpose of this change is to address the pro-cyclical nature of the current model of provisioning under which, the provisions recognised during an economic downturn are disproportionately higher than those recognised during times of economic growth when lending activity is high, resulting in volatile profitability. Under the new proposals this will be addressed by spreading the level of provisions more evenly over the life of a given portfolio. The revisions described above are included in an exposure draft of IFRS 9. This revised standard is expected to be issued in 2013 and to come into effect on 1st January 2015. With the issuance of the revised IFRS 9 it is anticipated that there will be a convergence between the concept of expected loss as defined under Basel II and the concept of provisioning as defined under the Accounting Standards. Are deposits in danger, or is there something else hidden behind this threat? During the last months the question as to whether deposits are in danger of being trimmed down is discussed over and again. Additionally this danger mostly bothers small depositors, whose option of transferring their deposits elsewhere is rather limited, and this in itself is able to spread panic to a wider part of the population. By Dr John Violaris Associate Professor of Economics Frederick University The fact is that 5 years after this recession has hit most of the western world, we have not yet set in force any plan to face its side effects on our economy. What we have done is that we have already applied several tax measures plus reductions in salaries and benefits, not so much to face the recession’s side effects but mostly to enable the previous government pay its current expenses. Probably because the elections were so close by, plus because the previous government has proved so extremely inefficient and indecisive, no real measures have been taken, nor any growth plans have been placed in force. posits or confiscating part of our natural gas’ proceeds, will be unavoidable. It is obvious that their intentions are to weaken our bargaining power, to further worsen our economy’s condition, so as to force us accept losing part of our foreign and local deposits, as well as part of our natural gas’ sovereignty and thus become more vulnerable both to their economic plans as well as to their geopolitical ones. We are certain that behind all this are the expected profits from the hydrocarbons exploitation as well as the intention of certain circles to impose on us the political solution to our political problem, that suits their purposes and pleases their friends. We do hope that the new government will be different, that is that it will be more decisive, more determined and more efficient in bringing about results. None of the opportunists plans can materialise unless we allow them to. None of the opportunists plans can materialise unless we allow them to. This has given the opportunity to opportunists to exert pressure on us threatening us that no assistance will be given to our banks or for covering our public debt, unless we prove we are not laundering any black money, and that if we don’t do that the danger of trimming down our deACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 55 Economy Privatisations – benefits and concerns The possible privatisations of semi-governmental organisations are amongst the hot topics which arose in the course of the negotiations with Troika on the Memorandum of Understanding. By Socrates C Paschalis, Director, Assurance & Advisory Services, PwC In Europe, privatisations began in the United Kingdom in the ’80s, followed by almost all of Western Europe including Scandinavian countries, where a more socialist model of economic development prevails. Relevant data shows that privatisations took place in various sectors of the economy, such as electricity, water supply, telecommunications, financial services and infrastructure works. The improved efficiency and productivity of the organisations concerned, coupled with increased profitability, are significant advantages of privatisation schemes. The private sector has greater flexibility and ability to bring about substantial changes to the modus operandi of businesses, resulting in a more efficient use of human and other resources. For example, private businesses have always been better positioned to use productivity-related staff evaluation methods. According to the findings of a study* on a sample of more than 110 organisations, over 80% recorded increased efficiency after privatisation. Moreover, around 70% of these organisations increased their profitability. The same study also identified an increase in investments and a reduction in borrowing by the said organisations after privatisation, as a result of improved profitability. Reduced political intervention in decision making and management is another important advantage of privatisations. This benefit is difficult to quantify, but it could be argued that decisions taken based on strictly technocratic and transparent criteria are to the benefit of the organisation, the staff and the economy in general. Moreover, privatisations can generate substantial income for the State coffers. This is of particular importance given the current state of public finances in Cyprus. According to data released by the World Bank, during the period 1989-2009, revenues from privatisations in EU countries (excluding the former socialist states) fluctuated between 3% and 30% of GDP, with an average of 12%. It is worth noting that the correspond- 56 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 ing rates in Greece and Malta were 15% and 19% respectively. In addition, the anticipated increase in profits leads to higher tax revenues for the State. Beyond the advantages however, we must not ignore concerns and reservations over the issue. Proper preparation is a necessary prerequisite in order to address any challenges which privatisations may give rise to. One important issue is the loss of State control over businesses operating in sectors of vital and strategic importance. In those cases, the State can maintain control of over 50% of the shares or, if its holding is smaller, there are mechanisms that allow it to maintain a right of veto in strategic decisions (“golden shares”). In a study* on a sample of more than 110 businesses, approximately 60% had included such provisions and mechanisms in their Articles of Association. Terms of employment in the event of a privatisation scheme must be thoroughly analysed. In any case, however, ensuring better terms of employment for the staff is easier in an organisation with increased profitability. Moreover, privatisations must always be carried out in the context of a strict supervisory and regulatory framework so as to prevent the abuse of a position of monopoly and fully safeguard the interests of consumers. As a conclusion, it should be noted that, if carried out correctly, privatisations can bring about significant benefits for businesses, consumers, the State and the economy in general. Challenges and concerns must be identified and dealt with at an early stage through appropriate measures. Experience shows that success depends largely on the level and depth of the preparatory work carried out ahead of any privatisation. • Study by Bernardo Bortolotti and Valentina Milella, University of Turin ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 57 Economy ECONOMIC BULLETIN The Cyprus and International economy By Bank of Cyprus, Group Economic Research Division The GDP growth of the Cyprus economy for the final quarter of 2012 was negative and amounted to –3,1%, year-on-year. The negative GDP growth rate for the Cypriot economy was registered for the sixth consecutive quarter, as the economy fell in recession as from the third quarter of 2011. During the last quarter of 2012, the secondary sector of the economy (construction, manufacturing), as well as the retail trade sector, transport sector and the services sector exhibited a negative performance. A positive contribution was made by the Legal and Accounting Services sector. GDP growth for the whole of 2012 is preliminary estimated at –2,3%. Within the year, local and regional economic indicators and prospects deteriorated rapidly. The major banks in the country suffered huge losses on their sizeable Greek holdings (following the ‘haircut’ on Greek government bonds). Meanwhile, the inconclusive election result in Greece in May 2012, cast a heavier shadow over the gloomy euro area shortterm economic outlook, with fears intensifying in relation to Greece’s possible exit from the eurozone. The June 17 new vote gave the New Democracy Party a marginal lead and the right to form a new coalition government. The Cypriot government had lost market access following successive credit rating downgrades throughout 2011 and 2012, eventually to junk status by the three main credit rating agencies. Cypriot banks’ considerable losses incurred following the ‘haircut’ on Greek debt, coupled with the continuously and briskly deteriorating fiscal metrics of the Republic of Cyprus, rendered the Cypriot government the fifth eurozone Member State to formally request a financial bailout from the European Union, in June 2012. The fiscal balance based on the recent European Commission’s Winter 2013 Forecasts is estimated to have reached by the end of 2012 a deficit of –5,5% of GDP, compared to a deficit of –6,3% of GDP for 2011. The European Commission comments that the government deficit improved just slightly, despite the sizeable consolidation implemented in 2012. The Public debt is expected to have reached 86,5% of GDP at the end of 2012 (European Commission Winter 2013 Forecasts), from 71,1% of GDP at end-2011. Over the period from January to December 2012 tourist arrivals reached 2.464.908 compared to 2.392.228 over the corresponding 2011 period, registering an increase of +3,0%. Over the 11-month period of 2012 from January - November, tourist income is estimated to have reached €1.886,1 million, compared €1.707,7 million over the corresponding 2011 period, registering an increase of 10,4%. It should be noted that over the period from January – November 2012, per capita tourist spending reached €767,4 compared to €733,9 over the corresponding 2011 period, registering an increase by 4,6%. The Harmonised Index of Consumer Prices (HCPI) for the period January – December 2012, increased by 3,1%, year-on-year. For the same 12-month period of 2012, the Consumer Price Index (CPI) increased by 2,4% year-onyear. Outlook The risks prevailing for the Cyprus economy in the short to medium term are numerous and tilted to the downside. The conclusion of a macroeconomic adjustment programme for the country is expected to provide a necessary ingredient towards stabilizing the economy. As from the 24th of February, Cyprus has a new President, who was elected securing 57,5% of the vote in the second round of the island’s presidential elections. The new President appears committed to work hard in order to deal with the onerous economic issues tantalizing the country. Registered unemployed persons at the end of December 2012 rose to 41.625. Compared to December 2011 there was a marked increase of 8.730 persons, or 26,5%, which may be attributed mainly to the trade, construction, hotel and restaurant sectors, the manufacturing, public administration sectors, as well as to the However, projections of the economic outlook for 2013 and 2014 point to a prolonged recession for the Cyprus economy, on the back of expected further declines in domestic demand and investment activity. As the European Commission also points out, the effects of much-needed fiscal consolidation (including measures affect- The main economic indicators of the Cyprus economy within 2012, are outlined below. 58 new entrants in the labour force (an increase of 674 unemployed persons). The average number of unemployed persons during 2012 rose to 36.362, compared to 28.276 in 2011, an increase by 28,6%. The unemployment rate is expected to have reached 12,1% for the whole of 2012, compared to 7,9% in 2011. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 59 Economy ing public sector wages, social outlays, increases in employee contributions and indirect taxes), coupled with increasing unemployment, are to heavily weigh on household disposable income. Furthermore, on the back of banks’ deleveraging and the deceleration of credit growth, gross fixed capital formation is expected to decline further, thus sustaining the negative growth rates of the construction activity over the medium term. Fitch Ratings downgraded the Republic of Cyprus’ long-term and local currency Issuer Default Ratings (IDRs) to ‘B’ from ‘BB-‘, on 25 January 2013. The Short-term IDR was affirmed at ‘B’. The outlook on the Long-Term IDRs is Negative. Fitch simultaneously affirmed the Country Ceiling for Cyprus at ‘AAA’. Fitch announced at the time that the downgrade of Cyprus’s sovereign ratings partially reflected the agency’s view that the size of the government support to the banking sector is likely to be higher than previous Fitch estimates. Fitch also noted that negotiations between the Troika and the authorities have been protracted, with lingering uncertainty about the timing and details of an EU-IMF rescue programme. A request for official aid by the Cypriot government was made in June 2012. While agreement has been reached on the size and type of the fiscal adjustment, disagreements remain on the potential privatization of state owned enterprises and the bank recapitalisation costs. Moody’s Investors Service also downgraded on 10 January 2013 Cyprus’ government bond rating to Caa3 from B3, the outlook on the rating being negative. This rating action con- cluded the review for possible downgrade that was initiated on 16 November 2012. Cyprus’s short-term government bond rating of ‘Not Prime’ was affirmed. As Moody’s reported, the key driver of the downgrade was the anticipated rise in the Cypriot government’s debt burden, driven principally by the increased recapitalisation needs of its banking system, following distressed exchanges on Greek government debt and rising delinquencies on loans to Greek and Cypriot obligators. According to Moody’s the negative outlook assigned to the rating reflected Moody’s view that the situation could significantly deteriorate over the next 12 to 18 months due to the ongoing liquidity concerns, the uncertainty over the exact size of the necessary bank recapitalisations and the uncertainty about the upcoming finalisation and signing of a Memorandum of Understanding (MoU) with the Troika. Standard & Poor’s (S&P) downgraded Cyprus’ long-term sovereign ratings on 20 December 2012 by two notches to ‘CCC+’, the outlook being negative. The U.S. agency said that the two-notch downgrade was due to a considerable and rising risk that the country - one of the 17 European Union countries that use the euro - may default. It also maintained the negative outlook on the country, signaling that further downgrades are possible. S&P reported that the downgrade reflected the fact that the Cypriot government is running out of money, while uncertainty remains over the terms of a bailout that the country is trying to negotiate with international lenders and its euro partners. Note: The above bulletin takes into consideration economic data and facts valid as at the end of February 2013. Main Economic Indicators 2009 2010 2011 20121 2013 G.D.P. (real growth - %) Unemployment (%) Harmonised Index of Consumer Prices - % Fiscal balance (% GDP) Public debt (% GDP)) Current Account Balance (% GDP) ECB marginal lending facility (31 Dec.-%) -1,9 5,5 0,2 -6,1 58,5 -10,7 1,75 +1,3 6,5 2,6 -5,3 61,3 -9,2 1,75 0,5 7,9 3,5 -6,3 71,1 -4,2 1,75 -2,3 12,1 3,1 -5,5 86,5 -6,0 1,75 -3,5 13,7 1,5 -4,5 -1,7 1,50 *ECB marginal lending facility Sources of statistical data for Cyprus’ economy: International Monetary Fund, European Commission, Ministry of Finance, Central Bank of Cyprus & Statistical Service. 60 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 World economy The International Monetary Fund’s latest World Economic Outlook Update (WEO Update - January 2013), reports that the world economy grew at a rate of about 3,0% in the third quarter of 2012, with economic conditions improving modestly, mainly aided by emerging market economies where activity picked up. Global financial conditions improved further in the fourth quarter of 2012, however indicators suggest that global growth did not. The IMF reports that policy actions have lowered acute crisis risks in the euro area and the United States, but in the euro area, the return to recovery, after a protracted contraction is delayed. At the same time, policies have supported a modest growth pickup in some emerging market economies, although others continue to struggle with weak external demand and domestic bottlenecks. economy has grown by 3,2% in 2012, while it projects that world GDP is to grow by 3,5% in 2013, and by 4,1% in 2014. For the United States, GDP growth reached 2,3% in 2012, while it is forecast to average 2% in 2013, rising above trend in the second half of the year. For 2014, GDP growth for the U.S. economy is projected at 3,0%. In the euro area, progress in national adjustment and a strengthened EU-wide policy response to the euro area crisis seem to have reduced tail risks and improved financial conditions for sovereigns in the periphery. Thus, while a GDP contraction of –0,4% is estimated to have been registered in 2012, activity is projected to contract by –0,2% in 2013 and return in positive territory in 2014 (GDP growth of +1,0%). In case crisis risks do not materialize and financial conditions continue to improve, global growth may well be stronger than projected, the IMF reports. However, it is stressed that downside risks remain significant, including renewed setbacks in the euro area and risks of excessive near-term fiscal consolidation in the United States. The IMF estimates that the world GDP (%) Consumer Price Index (%)1 2012 2013 Unemployment (%)2 2012 2013 2012 2013 World Economy USA Euroarea Germany France Italy Spain United Kingdom Russia China India Greece Cyprus 3,2 2,3 -0,4 0,9 0,2 -2,1 -1,4 -0,2 3,6 7,8 4,5 -6,4 -2,3 3,5 2,0 2,0 1,8 8,28,1 -0,2 2,3 1,6 11,211,5 0,6 2,2 1,9 5,2 5,3 0,3 1,9 1,0 10,1 10,5 -1,0 3,0 1,8 10,6 11,1 -1,5 2,4 2,4 24,9 25,1 1,0 2,7 1,9 8,1 8,1 3,7 5,1 6,6 6,06,0 8,2 3,0 3,0 4,14,1 5,9 10,29,6 - -4,4 1,0 -0,8 24,727,0 -3,5 3,1 1,5 12,113,7 1 Movements in consumer prices are shown as annual averages. 2 National definitions of unemployment may differ. Sources: International Monetary Fund – World Economic Outlook Update, January 2013 and World Economic Outlook, October 2012, European Commission: European Economic Forecast Winter 2013. Edited by Elena Triantafyllou ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 61 Auditing & Accounting Control under IFRS 10 By George C Kazamias Assurance Services Partner PwC Cyprus 62 IFRS 10, ‘Consolidated financial statements’, replaces all of the guidance on control and consolidation in IAS 27, ‘Consolidated and separate financial statements’, and SIC-12, ‘Consolidation – special purpose entities’. IAS 27 defines control as: ‘. . .the power to govern the financial and operating policies of an entity so as to obtain benefits from its activities…’. IFRS 10 defines control differently as: ‘…an investor controls an investee when the investor is exposed or has rights, to variable returns from its involvement with the investee and has the ability to affect those returns through its power over the investee…’ . The definition of control under IFRS 10 is not based solely on legal ownership. It encompasses three distinct principles, which if present identify the existence of control by an investor over an investee. These principles are: • power over the investee; • exposure, or rights, to variable returns from its involvement with the investee; and • the ability to use its power over the investee to affect the amount of the investor’s returns. In assessing control over an investee, these three factors cannot be considered in isolation; all three must be present for an investor to conclude whether it has control. The main distinction between the old and new definition of control is that, under IFRS 10, there is a clear requirement to link power and returns (that is, benefits) and an investor’s ability to affect those returns. Framework for assessment of control IFRS 10 identifies the factors an investor should consider during its assessment of control over an investee. These are: • the investee’s purpose and design; • the relevant activities of the investee, that is, those activities that significantly affect the investee’s return; • how decisions about those relevant activities are made; • whether the rights of the investor give it the current ability to direct the relevant activities; • whether the investor is exposed, or has rights, to variable returns from its involvement with the investee; and • whether the investor has the ability to use its power over the investee to affect the amount of the investors returns. De facto control: The investor’s voting De facto control describes the situation where an entity owning less than 50% of the voting shares in another entity that is controlled by voting rights is deemed to have control when it has the practical ability to direct the ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 relevant activities. When an investor considers whether it has de facto control over an investee it must consider all the relevant facts and circumstances. IFRS 10 includes specific guidance on de facto control; however, it still remains a highly judgemental area of accounting. Potential voting rights An entity may own instruments that, if exercised or converted, give the entity voting power over the relevant activities of another entity; these are termed ‘potential voting rights’. Potential voting rights are “rights to obtain voting rights of an investee, such as those arising from convertible instruments or options, including forward contracts”. Potential voting rights may take various forms, including share warrants, share call options, forward contracts, and debt or equity instruments that are convertible into ordinary shares. There are three specific points to take into account when determining whether potential voting rights should be considered when assessing power. These are noted below. • Only potential voting rights that are substantive must be considered by an investor in its assessment of control over an investee. Substantive rights alone, or in combination with other rights, may give the investor power over the investee. • The investor must also consider the purpose and design of the instrument that includes the potential voting rights and the purpose and design of any other involvement the investor has with the investee. • Finally the investor considers other voting or decision rights it holds and whether those rights give the investor other decision making rights relating to the investee’s relevant activities. Impact on IFRS preparers All entities will need to consider the impact of the new definition of control, as it may result in some entities consolidating investments that they previously did not, and deconsolidating entities that do not meet the control definition under IFRS 10. Effective date and EU endorsement IFRS 10 as issued by the IASB is effective for annual periods beginning on or after 1 January 2013, with earlier application permitted. IFRS 10 was endorsed by the EU at the end of December 2012 with an effective date for annual periods beginning on or after 1 January 2014, with early adoption permitted. Sharing auditors’ insights By Charles Bowman, Chair of ICAEW’s Audit and Assurance Faculty and Partner, PWC London In the wake of the financial crisis, questions have been asked about the value of audit. While there is little doubt that audit is essential for the efficient working of capital markets, it became clear that auditors need to become better at demonstrating how they add value. Making more people aware of what auditors do and sharing the knowledge, expertise and insights of auditors are some ways of doing just that. And this is exactly what we are trying to do with a new series of reports by ICAEW’s Audit and Assurance Faculty entitled Audit Insights. The first report in the series concentrates on the retail sector. It is based on the knowledge of audit experts with clients in the sector and focuses on the issues they have been highlighting to their retail clients. In it, auditors warn against overreliance on like-for-like sales data in the retail sector. The Christmas retail sales figures of major retailers are always a much-anticipated and hot topic in the media, with much emphasis being put on whether sales are up or down compared with the same period last year. They are often seen as a key indicator of how retail companies – and by inference the wider economy – is faring. But while like-for-like sales are one way of measuring the health of retail companies, this KPI is not always consistent. For a start it is not directly linked to profits; extreme discounts, for example, can increase sales but won’t necessarily increase profits. Therefore, it is important not to read too much into these data. ...it became clear that auditors need to become better at demonstrating how they add value. Retailers apply judgment when they decide which data are included in the like-for-like calculations and how and why the decisions made is not always clear to the outside world. Greater transparency around judgments made could benefit investors and a standardised method for calculating like-for-like sales would create a far more reliable tool for decision making – both for the retailers themselves and for their investors. Among the other key issues highlighted by the auditors in the report are the underdeveloped IT and data management systems in the sector. The retail sector lags behind other sectors in this area and the state of their systems makes it difficult to get a proper understanding of profit drivers and manage working capital. Another issue raised is the challenges posed by the changing retail landscape in relation to managing property portfolios. This is also linked to the issue of data management, as without proper data, it is difficult to assess and compare the value of store sales with online sales, for example. These are difficult times for retailers not only in the UK but across Europe. However, by highlighting some of the main challenges faced by the sector – as flagged by the auditors through their unique access to information through their audit work – we are hoping the report can contribute to important debates within the sector, allow a greater group of stakeholders to benefit from the auditors’ knowledge and also increase the understanding about what auditors do. The retail report will be followed by others looking at different sectors quarterly during the course of 2013 and beyond. The report can be accessed at www.icaew. com/auditinsights. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 63 Auditing & Accounting IFRS has been transformational for international investors what next? By Dr Nigel Sleigh-Johnson FCA, Head of ICAEW’s Financial Reporting Faculty Another year has passed without any commitment from the Securities and Exchange Commission (SEC) regarding the adoption of International Financial Reporting Standards (IFRS) in the United States. Eight years ago the EU made the transition to IFRS, with Cyprus having adopted international standards much earlier from 1981. Many have been waiting to see whether the US - the world’s largest capital market would follow suit. A year and a half after the initial deadline we still don’t know whether IFRS will become the financial language of the US. This uncertainty has resulted in some countries, Singapore for one, delaying completion of convergence with international standards. However, it’s important to remember how much has been achieved. Globalisation and the growth in cross-border trade and capital-raising have contributed to a clear need for a widely-accepted set of international accounting standards. Academic research suggests the benefits of adopting IFRS vary from country to country, depend- 64 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 ing on what standards they are moving from. But the advantages identified include lower accounting costs, increased comparability for investors and cheaper capital. Everyone speaking the same financial language will also make global trade easier – good news for countries like Cyprus which depend on international trade connections. Decade of convergence The past decade has seen concerted efforts by the International Accounting Standards Board (the IASB, which sets IFRS) and its US counterpart, the Financial Accounting Standards Board (the FASB, responsible for US Generally Accepted Accounting Principles or ‘US GAAP’) to harmonise their respective accounting rulebooks, encouraged in recent years by the G20 governments. This work has brought the two sets of standards closer. However, momentum has been lost as the two standard setters struggle to agree on the best way to deal with improvements needed in key areas, such as financial instruments. But setbacks during such an ambitious project were always inevitable; creating a global financial reporting language would be no mean feat. The current challenges do not mean that the IFRS project has failed - more than two thirds of the G20 countries allow or require IFRS for their listed companies. Very few would have dared to hope such wide adoption of IFRS was possible just a decade ago. Nevertheless, it is a good time to reflect on where we are, where we should be heading, and what this could mean for European economies. Time to move on ICAEW believes it is time to end the focus on converging IFRS with US GAAP and instead put all efforts into making IFRS as high a quality set of accounting standards as possible. Any further harmonisation between the two sets of standards should only happen if it also improves IFRS reporting. We therefore also think the time is right for the IASB to go its own way with regards to finalising some key accounting standards in urgent need of improvement, such as impairment. Everyone speaking the same financial language will make global trade easier All listed companies around the world should be allowed to use IFRS. Governments should let the market speak and allow companies decide for themselves whether the benefits of transition outweigh the costs. This would bring benefits to international trade hubs like Cyprus that, as part of the EU, already report to IFRS. The increase in cross-border comparability would make international trade and investment easier. Hurdles ahead However, to secure the continued success of the IFRS project in its second and third decades, there are challenges to address. The biggest challenge is to transform the IASB into a truly global organisation, which decentralises and shares its responsibilities as far as possible, finding ways to demonstrate that it is a body that belongs to and is responsive to its stakeholders. It must show that it listens and learns as well as leads, without embedding inefficiencies. And to achieve this, its funding must be established on a sustainable and secure basis. on the possibility of uniform adoption of IFRS worldwide, it is time to recognise that there will be some differences in how IFRSs are applied, at least for the time being. What is important is ensuring financial reporting facilitates and underpins global trade and investment, rather than hindering it. A final hurdle is the need to address the shortcomings that remain in the standards. The current suite of IFRSs is good but not perfect. The way company performance is presented in the income statement needs attention. And determined efforts are needed to grapple with the problem of complexity. These hurdles are formidable. There is much for the IASB to deal with. But with the right support from governments, regulators and the IFRS community at large, a high quality, widely-applied set of international accounting standards remains a realistic proposition, and one well worth striving for. Another is enforcement. Regulators around the world have to take a more active role, cooperating to deliver consistent enforcement. However, whereas in the past the focus was ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 65 Business The importance of the development of the Energy Sector through the Cyprus Stock Exchange (CSE) By Nondas Cl. Metaxas Director General- CEO of CSE 66 As is already widely reported, the Republic of Cyprus is currently in an ongoing authorisation procedure regarding the licensing of the plots of the Exclusive Economic Zone of the Republic, for the purpose of extracting hydrocarbons. The efforts of the Cyprus Republic can yield significant benefits to our country, through the development – enhancement of the Energy Sector in Cyprus, via the CSE and the securities market. Taking into consideration examples of similar cases internationally, the Cyprus Stock Exchange can play a vital role in this effort, for the benefit of the economy and the Republic of Cyprus, in general. Therefore, towards this direction, among others, the following suggestions are proposed: a)The State Company for Hydrocarbons should be listed on the CSE. Respective arrangements constitute this practice internationally. Specifically, we refer to the example of Norway – with the company StatOil -, which is indicative of the direction to be followed in the case of Cyprus. Through such an arrangement and the distribution be part of the share capital to investors (domestic and international), it will possible for Cyprus to attract large institutional investors and widen the offered investment products, bringing multiple benefits for the Republic of Cyprus. The Cyprus National Hydrocarbons Company could emerge as the national institution for the energy interests of the Republic, and in this context it can establish an independent fund (sovereign fund) which will belong to the Republic of Cyprus, where the State will have the ownership of the majority of the capital of Cyprus National Hydrocarbons Company. It is noted that in other countries, based on our investigation, the State still owns the majority of share capital of the equivalent Hydrocarbons Company, whereas the remaining share capital is spread over in a number of international, domestic institutions and private investors. b)Within the forthcoming agreements which are going to be formed between the Republic and the drilling companies of hydrocarbons, which finally will be selected for each plot of the Cyprus’ Exclusive Economic Zone (EEZ), the issue of securities in ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 the form of certificates representing shares (Depository Receipts) and admission for listing to the Cyprus Stock Exchange, could be included in the contractual arrangements. With this option, a remarkable energy sector will be established within the CSE market and new products will be offered to the investment community (domestic and international), which will be particularly attractive for investment in region of Cyprus. Through the implementation of the above, it will become possible for the energy sector in Cyprus to have a prominent position in the securities market, domestic and international and to receive special importance for investment purposes. In this sector new stock indices and related derivatives products could be created, such as Futures, Options, ETF’s etc. Similar arrangements were made in neighbouring Israel, where through the energy sector, the companies involved in this sector were further developed. Also the energy sector has contributed significantly to the further development of the securities market in the country, attracting international investors. Furthermore, with the implementation of the above recommendations, it will be possible to attract international investment funds in Cyprus, specialising in the energy sector. This will add further value to Cyprus’ effort to maintain and further develop as a regional financial centre. The CSE is interconnected with European and neighbouring securities markets and has a very good infrastructure. The utilisation of the CSE in the energy sector as was done in similar cases in other countries, will bring direct benefits for the Cyprus economy. Online Accounting Simple and secure online accounting. With free feature updates, unlimited transactions and no set-up costs or monthly contracts, Sage Pastel My Business Online is the simple accounting solution brought to you by Cyta, and South Africa’s market leader for the past 20 years. Sage Pastel My Business Online is a complete business software solution for startup and small businesses. 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Sage Pastel My Business Online keeps track of sales Go to www.sagemybusiness.cyta.com.cy to sign up for your free trial. FREE 30 day trial Business Opportunity through Enterprise Commonwealth Theme for 2013 By Lella Hadjinestora BscEcon FCA RCS Honorary Representative for Cyprus People from around the Commonwealth join together every year on the second Monday in March to celebrate the links they share as members of the modern Commonwealth. This year Commonwealth Day is celebrated on Monday 11th of March. The Commonwealth unites a diverse and dynamic global community of over two billion people in 54 countries on the basis of shared visions and values. Members share, inter-alia, similar systems of Law, public administration and education. Cyprus is a member of the Commonwealth since 1961. Each year a Commonwealth Theme of global significance is launched and celebrated on Commonwealth Day and throughout the year. The 2013 Commonwealth Theme is “Opportunity through Enterprise”. In the UK, Commonwealth Day is celebrated every year by a multicultural Observance at Westminster Abbey in London. This Observance which is the UK’s largest multi-faith celebration is organized by the Royal Commonwealth Society, on behalf of the Council of Commonwealth Societies. It is attended by The Queen in her capacity as Head of the Commonwealth, Heads of Government, High Commissioners, other VIPs and more than 1000 Young People representing the future of the Commonwealth. The Royal Commonwealth Society(RCS) is an international educational charity founded in 1868. Its mission is to support and promote the modern Commonwealth, its culture and core values. The RCS Young Commonwealth Competitions encourage every year thousands of young people to respond to global challenges through creative writing, and other competitions. The essay competition is the world’s oldest and largest schools’ writing contest and this year it celebrates its 130th birthday. The theme for the Essay competition, is the Commonwealth theme “Opportunity though Enterprise”. The focus is on economic innovation throughout the Commonwealth and the shared commitment towards youth, social and sustainable enterprise. This year’s Essay Competition is run by the RCS in partnership with Cambridge University Press. Entrants to the Commonwealth Essay Competition are judged in two groups, junior (under 14 years, born after 1st May 1999) and senior (14-18 years born between 2nd May 1994 and 1st May 1999).They can submit a poem, letter, article, story, essay or a short play. 68 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 Commonwealth Day Celebration – Monday 11th March 2013 – 2.1 Billion People - 54 Countries Competitions are open to individuals who are nationals of, or are living in a Commonwealth country. The last day for entries is 1st of May 2013. Please see www.thercs.org/youth/ competitions for full terms and conditions. Enterprise education in schools builds transferable skills and attitudes in young people including “can do” and “will do” attitudes. Supporting the development of enterprising skills, attitudes and values and encouraging young people to create and translate their ideas into action with confidence and competence enables them to become job creators as well as job seekers. It is suggested that cultivating a competitive, innovative and enterprising spirit in our young people today, can lead to a more enterprising and a more successful Cyprus tomorrow. I would like to share a personal observation concerning the 2012 Young Commonwealth Competitions. Of the thousands of entries, awards were given to 1000 children www.thercs.org/youth/425. Over 30% of these awards went to school children in Singapore. Could this reflect an educational environment of support and encouragement enabling school children in Singapore to compete successfully in international competitions? Could the impressive economic success of Singapore, and its top economic and business rankings in international comparisons be the result of an educational system which fosters innovation & enterprise? Finally, I would like to congratulate the ten young people from Cyprus schools who won awards in the 2012 Competitions and their teachers. The Schools are: Xenion High School, Med High School, Pascal English School, Pascal Greek School Limassol and Heritage School. The names of all winners can be found at www.thercs.org/youth/425 Business Why the new government should pay attention to business By Michalis Antoniou Assistant Director General Cyprus Employers and Industrialists Federation Mr. Nicos Anastasiades, the newly elected President of the Republic, begins his term amidst unfavourable economic conditions and the pressing need to make bold decisions. With time in short supply, there is no grace period for this administration. In the next few weeks the government must reach a loan agreement with Troika, bail out the ailing banks (and the greater banking system) and prevent a government suspension of payments. We are happy to note that these issues, so far, are being treated as top priorities and dealt with the proper sense of urgency. However, the troubles of our economy will not be over any time soon. Once we secure the necessary liquidity we must take upon the even greater tasks of reforming our state, reigniting the economy and reducing unemployment which is currently standing at unprecedented levels. This is easier said than done and there is no fail-safe recipe for growth; if there was, everyone would be doing it. How then should the new government proceed? What should its priorities be? Where should efforts be focused and whose advice should it heed? Economic recovery will not come easily or without sacrifice. The state apparatus on 70 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 which we had established our economy and society over the past decades has completed its cycle and can no longer serve us. It has proven ineffective, inefficient and wasteful. We must rethink, reinvent and reform. When successful companies want to improve their products, they often turn to their customers for feedback. Unless the company satisfies the needs of its clients and end users, it cannot generate revenue and satisfy its shareholders. In a fast paced global economy those who fail to adapt accordingly are destined to fail. Similarly, if the government is genuinely committed to reducing unemployment and stimulating the economy then it should focus its attention to those responsible for creating growth and new jobs; businesses. This is not to say that the opinions and needs of other parts of society do not matter. On the contrary, we live in a pluralist society that welcomes and embraces social dialogue but unless the needs of businesses are met, the welfare system and quality of life we have grown accustomed to, can not be maintained, let alone improved. Unless business needs are met, supporting any other group of society for a sustained period of time will be a futile and impossible exercise. Businesses are in a better position than most to comment on the ills of growth-inhibiting bureaucracy because they have to fight it every day. Businesses are in a better position than most to know what makes investments attractive because they are willing to take the risk and invest their money, not speculate or theorise about it. Businesses are in a better position than most to identify legislative impediments and regulatory distortions because they stumble upon them all the time. Economic growth is not an abstract notion but the end result of economic activity and business investment. Businesses, in aggregate, have a better understanding of what it takes for the economy to work not because they understand the market better but because they are the market. Businesses are the ones drawing the line between theory and practice, between what works and what not. The Cyprus Employers & Industrialists Federation (OEB) has been representing the greater part of the Cypriot business community since 1960 and we have a thing or two to say about how to return to economic growth. paralyse the economy on a whim. Taxpayers have every right to demand that the civil service reforms in a manner that rewards merit, initiative, ambition and hard work instead of seniority, apathy, indifference and political allegiance. It is high time that taxpayers stand their ground and declare that enough is enough. The time has come to introduce a new paradigm in the public sector, in society and the economy. We all want a welfare state that supports those in need and serves its citizens quickly and efficiently. We all want to end the queues at the unemployment office and offer our young a true prospect for a better and more promising future. Most sustainable growth and most new jobs will come through business activity, which is why the new government should pay close attention to what businesses have to say. Most people will agree that it is time the Cypriot political system and economy were daringly reformed. Most will agree that we cannot continue to throw money to an overgrown and wasteful public sector. We crossed the Rubicon when we asked Troika for a loan and it is my opinion that we have matured as a society and we are ready to embrace change. Long due structural reforms will happen, there is no denying it. We may disagree or object to this, and some privileged groups may object more than others, but reform will happen. To say that we can go on sustaining a civil service and a state apparatus the way we used to for decades is to say that the laws of economics do not apply to Cyprus. We will be asked to implement decades of reforms within a few months and under pressure. Better late than never I say. Reform attempts in the past met the vehement opposition from groups who felt that their vested interests were threatened. Sadly, the many who have to gain from reforms remain a silent majority while the few that undeservedly benefit from the status-quo protest the most. Taxpayers, citizens and businesses alike, have every reason and every right to demand reform. Taxpayers have every right to demand that ludicrous allowances stop once and for all. Taxpayers have every right to demand that privileged and overindulged groups may no longer ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 71 Business IBAN expands! The International Bank Account Number (IBAN), is an internationally agreed method of identifying bank accounts across national borders. It was originally created by the European Committee of Banking Standards and later adopted as an international standard, under ISO. Until now, it has been implemented by all EU (and SEPA) countries, as well as countries from the Middle East and the Caribbean. Marios Nicolaou Senior Officer Association of Cyprus Banks Before the use of IBAN, both corporate and retail customers often got confused with the large number of identification variations of the domestic bank accounts, as they comprised of different banking codes and routings. Furthermore, the traditional account numbers did not contain any check digits, which made it easier for simple transaction errors to go unnoticed. As there was no way of validating routing information before a payment was submitted, payment delays and extra costs were frequent results of routing errors for all banks involved (i.e. sending, receiving and intermediary banks). With the creation of the Single Euro Payments Area (SEPA), the IBAN became an important tool for identifying cross-border payments within the SEPA-zone. The IBAN was intended to replace the domestic bank account number, which in several cases created confusion, mistakes and delays for cross-border payments. ...IBAN became an important tool for identifying cross-border payments within the SEPA-zone. The main advantages of using IBAN for banks, corporations and individuals are as follows: 72 • it lowers transaction costs by supporting a higher level of automation in the payment process. It also reduces the cost of investigations, as it minimizes the risk of errors. According to ISO, the IBAN may consist of up to 34 alphanumeric characters, which are structured as follows: - two letters representing the home country of the account holding bank - two check digits (which allow sending banks to perform validity checks of the account number during the entry of data) - a maximum of 30 alphanumeric characters identifying the bank and the domestic account number Although IBAN aims at unifying electronic payments, its final form may still vary from country to country as it may include a different number of alphanumeric characters. Norway has the shortest IBAN structure with only 14 characters and Malta has the longest with 31 characters. The Cypriot banking community in co-operation with the Central Bank, have decided to implement 28 characters for the Cypriot IBAN. Consequently, a typical IBAN of a Cypriot-based bank account looks as follows: CY 51 0030 0013 0000 0013 2102 4363 In March 2012, the European Parliament approved the “Regulation (EU) No. 260/2012 for establishing technical and business requirements for Credit Transfers and Direct Debits in euro”, otherwise known as the “Regulation for the SEPA migration end-date”. • it simplifies cross border transactions by assigning a unique account number format for all participating countries. It also provides a uniform appearance of the account number, thereby making it easier to identify the country and the banking relationship of the account holder. Among other things, the Regulation requires the exclusive use of IBAN instead of the domestic account number, for the processing of any Credit Transfer or Direct Debit payments within the SEPA zone. The “IBAN only” requirement must be adopted by all participating countries for both domestic and cross-border payments, the latest by the 1st of February 2014. • it provides a level of assurance to the trading partners that the account number is real, and that it can be validated against national payment directories. According to the guidelines provided by the European Commission and the European Central Bank, all stakeholders must take active measures in order to ensure a ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 smooth and effective transition to IBAN. Although IBAN aims at unifying electronic payments, its final form may still vary from country to country as it may include a different number of alphanumeric characters. These measures involve the following: • Financial Institutions must ensure that their customers are able to easily locate the IBAN pertaining to their own account. This can be achieved by displaying it on the monthly account statements, or printing it on payment cards or cheque books. Banks should also provide their customers with easy-to-understand information about the uses of IBAN, either through their internet banking channels, or by print flyers • A national website dedicated to IBAN could be constructed, containing a range of IBAN-related information, as well as account number-to-IBAN conversion facilities This can be achieved by printing it on their invoices, stationary or any other documents exchanged with their counter-parties Having all the above in mind, the Association of Cyprus Banks and its members have agreed to create a special page in the Association’s website, which will give general information on IBAN, as well as provide account conversion facilities for users. In particular, the page will contain a portal which will be linked to the websites of all SEPAparticipating financial institutions in Cyprus. With a touch of a button, the said links will be connected to specific pages in the bank’s websites, which will provide account number-to-IBAN conversion facilities for users. By using these services, senders of domestic electronic payments will be able to easily identify the IBAN of their beneficiaries, without wasting time on communicating with them, or their banks. Banks in Cyprus have committed to implement the account conversion pages in their websites, the latest by the end of the year. The forecasted date of implementing the page in the Associations’ website, will be the 31st of March 2013. • Businesses and public administrations are expected to: review their invoicing and accounting procedures, identify and adapt all systems operating on the basis of account numbers and bank codes, and redefine their standardised processes for cross-border payments, so as to include any missing IBANs • Businesses are also expected to disclose their IBAN to their business partners and customers. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 73 Business A leader is one who knows the way, goes the way, and shows the way – communicating with impact By Demetris Stylianides DipLC, CTM, CL, FAIA, FCCA, CPA, International trainer NLP Many of the defining characteristics needed for effective leadership -- like having a vision, integrity, commitment and flexibility – are essential. Another quality, as essential for success as the others, can be learned. It is the ability to motivate employees to help the leader realize ambitious goals. This quality can be developed by observing the behaviour of leaders who use these skills to generate the needed employee commitment. The power of the leader’s position alone cannot guarantee enthusiasm and dedication from today’s workforce. Instead, employees must be convinced that the leader’s objectives are achievable, understand that meeting the goals will provide a personal payoff and be inspired to make their own contribution. To generate the needed support from everyone in the organization, the leader has to put his leadership up to the test: He must be visible, crystal clear about his message and take every opportunity to demonstrate, live and in person, his passion for his goals. Unless he shows how deeply he cares, few others will care and his plan may be seen as another great idea that never took off. Some leaders believe it is sufficient to communicate their goals to the workforce through the organization’s internal media: employee publications, intranet, videoconferencing, etc. thinking that the more sophisticated the technology the better. Many have become obsessed with blogging because it makes possible instant communications with large numbers of employees, assuming they make the effort to log on. All this is useful because it allows for repetition of the leader’s message, which is essential for making an impact. But using media is not a substitute for interacting with employees face to face. Media cannot convey the intensity of feeling the leader has for his plan nearly as well as human contact does. The fact that the leader is there, that he has left the comfort of the office to communicate with employees, gives the message importance. 74 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 I hear you loud and clear The leader must make his case loudly, clearly and consistently. He should take up every opportunity to speak from the heart in personal encounters with the employees. Doing this lets the leader express his message with absolute clarity and address any concerns the employees may have about it. There is an additional payoff: The workforce’s views about other company issues will come through unfiltered. Personal interactions with the workforce can take many different forms. The leader can make presentations in front of large groups. There can be smaller, more informal departmental meetings, where participants will feel free to ask questions or present problems. When the leader appears at these meetings it shows that he is approachable and welcomes interaction. The leader also can conduct spontaneous walkabouts to fill in the time between planned events, have lunch in the organization’s cafeteria, and drop in on the back office, the factory floor or a remote office where employees may never have seen the leader and will be particularly impressed. When a leader presents employee awards at presentation ceremonies the awards become particularly special. Praise from an employee’s direct supervisor is a strong motivator; from the organization’s leader it is even stronger. Effective leaders are gen- erous with their praise whenever it is deserved. Presenting with impact Putting leadership on to the test does not come naturally to some leaders, particularly those who have led primarily by issuing directives. But presenting with impact is a skill easily learned. Once learned, it becomes a habit and each presentation becomes increasingly effective. In any meeting, large or small, the effective leader captures the listeners’ attention immediately, holds it for the duration of the presentation, and creates the kind of energy that generates action. The leader should organize the message so it is clear and compelling. Doing so his message makes an impact to both the heart and head. He tells stories that involve the audience and reveal his humanity, which is important for establishing trust. The stories paint pictures, with characters, settings and action. The leader makes deliberate use of wording, voice tonality, posture, movement and timing. And his most powerful communications tools are his eyes. Steady, warm eye contact is a sign of credibility. Failure to make eye contact can signal unease, defensiveness or perhaps lack of honesty. When talking with one person, the leader looks at the other’s eyes, then moves away to avoid causing discomfort. With a large group, he makes everyone feel included by making eye contact with one person in the audience for as long as it takes to express a thought, and then moves his eyes to someone else in a different part of the room. cause they do not read from a written text. They understand that presentations that are read are considered old news and, as such, undermine the spontaneity that creates energy in the audience. Doing a presentation without visuals can be particularly effective when the presentation is intended to inspire the audience rather than convey information. Effective leaders demonstrate their passion by putting their whole body into the presentation. They support every statement with an appropriate gesture and make large body movements to stress important points. They further emphasize these points with pauses or by raising or lowering their voice. Their choice of language demonstrates they are real because they avoid jargon. Though the presentation may appear spontaneous, it has been carefully rehearsed. Unnecessary content has been left out. Questions that may be asked have been identified and concise, persuasive answers have been prepared well in advance. As noted earlier, though an initial presentation like this may require serious rehearsing, the process becomes easier as the leader seeks out opportunities to continue presenting. An expert speaker who gets a deep sense of pleasure from presenting can become encouraged to present his views about significant issues on the annual general meeting of When a leader is able to zero in with eye contact toward one audience member, surrounding audience members benefit too; studies have shown that all the audience members in the area around the person being addressed feel they’re being spoken to directly. Using the eyes this way makes whatever anxiety the presenter has to go away because speaking one-to-one to an individual comes naturally. In contrast, nervous speakers scan the audience, never finding one focal point, which increases their anxiety because the brain has too much information to process. Using the eyes appropriately is the single most important factor for communicating effectively; it has been shown in a study conducted at the University of Santa Cruz California back in the 1970s. The study evaluated the relative importance of 10 different presentation skills factors in presentations made by participants in presentations Don’t use the Podium Leaders who are effective presenters do not use a podium, a barrier that separates the leader from the audience. They have no need for podiums beACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 75 Business the company. This further helps strengthen leadership positioning. Knowing the Organization The “putting the leadership on test” process must begin with honest assessments by the leader of how the workforce perceives him and how he in turn views the employees. Mistaken impressions can destroy communication and, with that, the leader’s effectiveness. A leader may misunderstand the workforce’s values, particularly if he is new. He may have come from a company whose employee’s value making lots of money but his new culture emphasizes a concept like “everything we do is for a good cause” The workforce may not have a good understanding of the leader either. The leader may have served for many years but has not been very visible. Unknowingly, the leader may be sending out opposing signals. This is not a call for the leader to improve his “image.” For honest, effective communication there must be authenticity. Characteristics of Outstanding leaders Whatever your point of view at the end of the day, outstanding leaders share the following characteristics: 1.Mission. Leaders know what their mission is and every employee should be able to identify with the mission and strive to achieve it. 76 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 2.Vision. A vision needs to be abstract enough to encourage people to imagine it but concrete enough for followers to see it, understand it and be willing to fulfill it. 3.Goal. Goals should be specific and measurable if you want them to be achieved. 4.Competency. You must be seen by employees and the public as being an expert in your field. As crises and challenges arise, those at the top of the hierarchy have key opportunities to demonstrate to others that they are in fact, qualified to be leaders. 5.A strong team. A wise leader assembles effective teams of experienced, qualified and capable individuals who can supplement the leader’s skill set. 6.Communication skills. The leader must easily and effectively convey his ideas to the employees and shareholders of the company. 7. Interpersonal skills. The leader must seem approachable, likeable and confortable in their position. 8.Inspiration. The leader must be able to inspire and motivate employees at all times. 9.Ambition. Employees need to be constantly aiming to improve the company and achieve its goals. When the boss is seen as someone who works to attain increasingly higher goals, employees will be impressed and will be more willing to copy that behaviour. A true leader has the confidence to stand alone, the courage to make tough decisions, and the compassion to listen to the needs of others. He does not set out to be a leader, but becomes one by the equality of his actions and the integrity of his intent. Changing the way you work. Reducing how much you work. CaseWare Working Papers is a highly flexible engagement software. Combined with SmartSync team members can work on local copies of a client file in real-time, with each file synced automatically in the background. Financial Statements preparation based on IFRS RECENT DEVELOPMENTS - IFRS FINANCIALS FOR CORPORATES Using CaseWare IFRS FINANCIALS a number of Corporate and Public Sector organisations are efficiently preparing their consolidated financial statements. CASEWARE Personal and Corporate Tax Return preparation, validation and XML submission made easy. TAX FORMS Powerful and efficient solutions for performing ISA compliant audits. CaseWare TIME is more than just time and billing. Everything you need to manage your practice easily and efficiently. Coming soon ….. Combining social networking, client portal, document management, engagement tracking and dashboard mining, CaseWare Cloud is a secure web-based collaboration environment for accountants and auditors. Contact us for a complete solution that reflects you and your business 36 Ayias Elenis Street, Office 404, P.O.Box 22639, CY 1523 Nicosia, Cyprus Telephone: +357 22817503 Fax : +357 22817516 Website : www.cms-ss.com Email : [email protected] Business Shipping industry in distress A second wave calls for restructuring and consolidation In the years before 2008, when the world economy was buoyant, the entire shipping industry experienced a period of doubledigit growth rates. By Antonis Vidakis CFA, CBA/Head of Transaction Advisory Services While revenues for brokers and prices for ships kept rinsing, the industry was regarded as comparatively safe for investors. However, during the global recession, the overvaluation of ships became apparent. Some ship owners were not able to service their loans and meet credit obligation. Banks agreed on a standstill approach, allowing them to postpone repayments and interest on loans. Therefore, distressed owners remained in the market, distorting supply and demand and freight rates fell below historic averages as no industry consolidation took place during the first downturn past 2008. Freight and charter rates rose back to historic average levels in 2010 and 2011. Confidence returned and new ships were ordered. This unexpected upturn did not last: in the second half of 2011, freight and charter rates fell again when the economic outlook worsened. The second hit of the crisis by mid 2011, has found the market in an oversupply state due to the continuous new built delivery of ships ordered 2 years ago. Freight and charter rates continue to get a pressure and according to Clarkson’s, since 2010 until September 2012, the average earnings per day for all Dry bulk ships in all classes have been reduced by 81%, for oil tankers by 65% and other tankers by 43%. Characteristically, the charter rates for dry bulks above 100k tonnes capacity (Capesize) have dropped in 2012 at 2,200 USD / day. Some ship owners were not able to service their loans and meet credit obligation. However, freight and charter rates are not expected to return to pre-crisis levels in the near future and there is little financial flexibility left to manoeuvre the industry away from shallow waters. 78 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 Banks have been left with unaltered national loans while ship values have fallen. The loan-to-value ratio (LTV)-an industry standard covenant rule-increased, while banks have been forced to reduce their exposure (or increase equity) due to regulations such as Basel III. Today’s notional loans are often larger than the ship’s value. More observes are suggesting scrapping as an effective action to calm the markets. “Owners must scrap vessels, even those under 20 Years”, DVB bank reports in its market analysis. Global container transport demand is expected to increase above 7% per year until 2016, while the container fleet is forecasted to grow by about the same rate (Drewery Container forecaster). Without extensive scrapping and delivery delays, supply and demand will not return to equilibrium. In contrast to the first crisis, the industry is in a process of consolidation and bankruptcies will be observed. Participants in financial distress have already been acquired and the lower availability of capital suggests that this trend will accelerate. At the same time, container liners in particular have started to collaborate, and groups and alliances have been formed. For operators, owners, shipyards in all segments (containers, ships, bulkers and tankers) ship-financing banks, the next few years will be shaped by two powerful forces. First, banks have to reduce their exposure to debt and their will not be another round of standstill agreements. Second, order books and the global economic position suggest a poor outlook for freight charter rates. Shipping companies have to restructure their operations and financial liabilities as soon as possible. This might be just sufficient to preserve shareholder’s and debt-holder’s capital. Ernst & Young, with more than 70 experts in shipping in Greece and Cyprus, is in a position to offer a full range of services and support in the restructuring of the sector in Cyprus, during this difficult period. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 79 Business Ethical principles in business By Demetris Ergatoudes* • Social responsibility The term social responsibility means an organization’s obligations to maximize its long-term positive impacts and minimize its negative impacts on society. It means the obligations of the firm to use its resources in ways that benefit society. The term is sometimes used interchangeably with the concept of ethics, but there is an important distinction to make. Social responsibility is an organizational concern, whereas ethics are the concerns of individual manager or decision makers. • Ethics Ethics can be defined as an individual’s moral beliefs about what is right or wrong, good or bad. Something which is legal is not always ethical and vice versa. • Corporate social objectives A socially responsible firm will honour its responsibilities to its internal stakehold80 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 ers - i.e. persons who are directly involved with the firm -, but will also accept the need to act responsibly towards external stakeholders- i.e. persons located outside the firm. This means acting in a fair way towards customers, financiers and suppliers – promptly paying bills, making quality products, dealing in an honest way and being reliable. Socially responsible behaviour clearly requires obedience to the law and payment of taxes, but it also means operating in an ethical way, having concern for the environment and undertaking charitable activities on behalf of the disadvantaged and to aid the cultural life of the community. There are six areas in which corporate social objectives may be found: • The environment This covers pollution control, preventing or repairing damage to the environment resulting from processing of natural resources. • Energy This covers conservation of energy and in- creasing energy efficiency in business operations. • Fair business practice This concerns fairness in dealing with employees, suppliers and customers. • Human resources This means giving thought to the impact of organizational activities on the human resources of an organization. • Community involvement Business organizations are involved in community, education, art and health-related projects. • Products and services Socially responsible firms make products – or offer services – of quality in terms of user safety, serviceability and durability. These products and services provide customer satisfaction and are honestly advertised. • Ethical issues Something which is legal is not always ethical and vice versa. For instance, advertising directed at children might be legal, but many see it as unethical. The basic distinction to make is that the law states whether or not an action is allowed, whereas ethics is about whether an action is right or wrong, acceptable or unacceptable. The major areas of ethical concern are: • advertising that relies on sex, violence and stereotyping, or is directed at children • large payments to company executives • perks offered to top executives • corporate donations to political parties • political lobbying by companies • corporate hospitability • bullying in the workplace • asset stripping • misuse of proprietary information • bribing • misuse of company assets • misleading advertising Social responsibility is an organizational concern, whereas ethics are the concerns of individual manager or decision makers. personal advantage • use/misuse of company assets • deception • environmental issues • avoiding discrimination • bribing • The benefits of codes of ethics The benefits of codes of ethics are: • they provide guidance to managers and employees so that they know what is expected of them in terms of ethical behaviour • they provide new employees with a framework within which to work • they enhance the organization’s reputation • they signal to suppliers and customers the organization’s expectation of them • they promote a culture of excellence by emphasizing the commitment to ethical behaviour. Although it is debatable whether or not firms ever act with no thought of self-interest and although there is a strong case against businesses – as distinct form individuals – taking on social responsibility, its is possible that a business organization will act in an environmentally friendly manner for reasons of selfinterest. *Demetris Ergatoudes is a retired (2006) Senior Manager of the Cyprus Popular Bank and fellow to the Chartered Institute of Bankers, London. • Codes of ethics Codes of ethics are guidelines to the moral principles or values used by organizations to steer conduct, both for the organization itself and its employees, in all business activities, internal and external. They are likely to include reference to: • use of insider information by employees for ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 81 Business Residency and Employment of European Citizens in Cyprus The employment of European Citizens in Cyprus is regulated by the Law No. 7(I) of 2007 “The right of Union Citizens and their Family Members to move and reside freely within the territory of the Republic of Cyprus ”. By Niki Christofi Tax Manager at Ernst & Young Cyprus Ltd Citizens of Member States of the European Union (E.U), of the European Economic Area (E.E.A), as well as of Switzerland, collectively referred to as (“Union Citizens”), have the right to enter the Republic of Cyprus by simply showing a valid passport or identity card, without having to register upon arrival, and may stay in the territory of the Republic for three months without any formalities. Their dependent family members who are also Citizens of the Union have the same right, provided that upon arrival in Cyprus possess a valid passport or identity card. This applies also for their dependent family members who are nationals of 3rd countries, provided that they show a valid passport. Entry visa is not required for their dependent family members who are nationals of 3rd countries, provided that the family members hold a Residence Card from another Member State (as dependent family members of the European Citizen Individual). Citizens of the Union have the right to reside with their dependent family members in the Republic of Cyprus for a period exceeding three (3) months, provided that they are Employees or Self-Employed in the Republic, or possess adequate sources of funding for themselves and their family, in order “not to burden the Public Social Welfare system during their residence in the Republic”. 82 In the event that Union Citizens’ residency exceeds three (3) months, they are required to apply to the Civil Registry and Migration Department for a Registration Certificate for themselves and for their dependent family members who are also Citizens of the Union (application MEU1), and for a Residence Card for their dependent family members who are Citizens of 3rd countries (application MEU2). ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 In case of employed activity, in order to obtain a Registration Certificate, Citizens of the Union must submit the MEU1 form accompanied by the following documents: a)Valid passport or identity card and copy of it. b)Employment contract. c)Two passport -size photographs. d)Last payslip (if the employment has already commenced). e)Certificate of registration with the Social Insurance Department (or A1 form which provides that the Individual will remain socially insured in his/her home country in accordance to the E.U directives). f)Proof of Health Insurance. In case of self-employed activity, the documents delow shall be submitted together with the MEU1 form in order to obtain a Registration Certificate: a)Valid passport or identity card and copy of it. b)Two passport-size photographs. c)Certificate of registration with the Social Insurance Department as self-employed person (or A1 form which provides that he/ she will be insured in his/her home country in accordance to the E.U directives). d)Proof of Health Insurance. It is important to note that Citizens of the Union who have legally resided in Cyprus for a five-year period, have the right for a Permanent Registration Certificate. The same applies to their dependent family members who are Citizens of the Union, as well as to their family members who are Citizens of 3rd countries (Permanent Resident Card is issued in this case), provided that they have legally resided with the Individual in the territory of the Republic of Cyprus for a five-year period. It is noted that the Permanent Residence Card of 3rd country family members must be renewed every ten (10) years. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 83 Business The protection of Intellectual Property of Software protects companies and creates jobs By Andrea Kallis, Andreas Neocleous & Co LLC BSA Representative in Cyprus & Efrosini Monou, Andreas Neocleous & Co LLC BSA Representative in Cyprus The protection of Intellectual Property (IP) and Copyright, encourages the creative individuals to continue to innovate and develop solutions for complex problems. Further, the legal transactions of computer software, translate in tax revenues to the Government, as well as more jobs in the IT sector. Cyprus has developed IP laws in 1919, making it one of the first European countries to develop such laws. Nevertheless, the 48% of software piracy in Cyprus is relatively high in comparison to other European countries, with the commercial value of this piracy estimated at €14 million according to the 2011 BSA Global Software Piracy Study. According to the Copyright Law no. 207 (I) of 2012, the possession and/or use in the business environment of unauthorized software, exposes the parties involved to civil and possibly criminal liability. In the event of conviction the criminal penalty imposed is a fine which does not exceed €80,000 and/or 3 years imprisonment for the first offence. Further, the copyright holder has the right to demand payment of damages, which can reach up to three times the purchase price of the license. Finally, according to the Law, the Courts have the authority, when encountering instances of unauthorized software installations, to get them seized by the Authorities as evidence, or destroyed. Beyond the legal risks, the companies could also face serious technical risks, such as malfunctioning of programs, loss of information, spread of viruses and vulnerability to cyber-attacks. These outcomes might cause significant disturbance to the normal operations of the company, but also translate in substantial costs. So obviously the purchase and installation of genuine software in the first place is the most cost-effective solution for companies, since the costs to follow are highly likely to over exceed the initial cost of the software licenses. In light of the introduction of the Copyright Law no. 207 (I) of 2012, and with the intent of educating and assisting corporate users of computer software, the Business 84 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 Software Alliance (BSA)* has initiated the awareness program “Software License Compliance: It’s to your benefit!”. The purpose of this awareness program is to emphasize the importance of adhering to the Intellectual Property Right laws when it comes to the use of computer software licensing within organizations. The countries around the world use different means for creating awareness around the use of genuine software, either with Police raids, or with educational activities. On the education front, companies are encouraged to implement a system internally for the proper management of their software, which can help them realize what software they have and where it’s running, providing them the needed transparency in order to use it correctly and efficiently. Software Asset Management (SAM), can help companies ensure license compliance, reduce risk and increase IT savings. SAM can be conducted internally by each organization with some guidance, or by third parties specialized in the specific service. As part of BSA’s recent awareness program, the notion of SAM is used in order to assist companies in identifying what software they currently have installed, and what software they are entitled to. Further, they are provided with the needed support in order to identify the possible legalization solution in case of any software license discrepancy, according to their organization’s needs. The respect towards the Intellectual Property of the creative individuals is vital in all areas. Especially in an era where everything operates with computers, and some software program, the use of genuine software, encourages innovation in the field of IT. Innovation is of benefit to the economy, to the businesses and to the development of a country since it translates in more jobs, tax revenues for the Government, while at the same time provides more solutions for the enhancement of our daily activities. Make expert connections Make sure your next move is the right one. connect to rsmi.com.cy and connect with success 32,000 minds, 700 offices, 100 countries, 1 network. RSM Stylianou is a member of RSM - a leading audit, tax and advisory network with 32,000 staff and 700 offices in over 100 countries throughout the world. Our membership of RSM allows clients to be expertly connected wherever their business takes them. RSM Stylianou Ltd Kennedy Business Center, 12-14, Kennedy Avenue, 1087 Nicosia, Cyprus T +357 22 751140 F +357 22 751145 E [email protected] NICOSIA · ATHENS · THESSALONIKI · TIRANA RSM Stylianou is a member of the RSM network. Each member of the RSM network is an independent accounting and advisory 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 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 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. © RSM International Association, 2013 85 Business The meanings of natural monopoly and of the electricity sector restructuring Dr. Andreas Poullikkas Department of Mechanical Engineering American University of Sharjah The theory of natural monopoly A natural monopoly is said to occur when production technology causes long-run average total costs to decline as output expands. In such industries, the theory goes, a single producer will eventually be able to produce at a lower cost than any two other producers, thereby creating a natural monopoly, as higher prices will result if more that one producer supplies the market. their development must be subject to some public influence. The investor-owned power companies won the official designation as natural monopolies that they sought, thus gaining the right to sell electricity in a noncompetitive market. In return for this privilege, they agreed to pass along the benefits of monopoly to consumers in the form of reasonably priced electricity and good service. From the beginning, electric companies were primarily local businesses serving local needs. At the same time that the movement for regulation was growing so was the idea that geographic concentration and other economic factors made electric power service a natural monopoly, characterized by economies of scale and scope and the need for large capital investments. It was assumed that large investments in equipment and duplication of facilities would be a waste of financial and material resources, and would lead to overall higher costs for companies and therefore higher prices to customers. The reasons above have been put forward as justification for natural monopoly, and one of the most popular is the idea that electricity is a necessary. The condition of necessity is an attribute of natural monopoly, however, this condition alone is not sufficient to create a natural monopoly because many other products and services are vital. Not only are there other goods and services that would require monopoly power because they also are necessary to the public, technological changes have provided adequate substitutes for electric utility services, increasing significantly the cross-elasticity of demand. This is important as a true monopoly would typically tend to produce a product that has a very low cross-elasticity with other industries. Monopoly was thought to be the “natural” outcome of such a situation, with one company minimizing the waste of resources to serve customers. As electric utilities began to touch the lives of more and more people, there was nearly universal recognition that 86 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 Always looking to cut costs, many large industrial corporations, which use tremendous amounts of electricity, began com- plaining about the differences in rates, as well as having to buy electricity from their local monopoly utility. Instead, these large customers wanted to shop for the cheapest power available. They also argued that new companies should be allowed to generate and sell electricity, which would put competitive pressure on the utilities to reduce their rates. The immediate impact of this trend toward negotiating prices with industrials was slight, however, the longer term implications were greater. As industrial consumers mounted de facto deregulation, fewer retail customers remained to pay for historical costs incurred by the utilities and to bear the risks related to future capital spending and operating decisions of the utilities. As a result, non-industrial customers also had a greater incentive to search for marketplace alternatives to utility regulation. As a result commercial consumers and residential groups, began to apply tactics similar to the industrials, including increased political involvement. What is restructuring of the electricity sector? It is convenient to think of the electricity industry as made up of four functions, such as, electricity generation (the simple production of electricity, (b) transmission (the movement of electricity over high-voltage lines from the generators to power substations in cities, towns and rural areas), (c) distribution (the movement of electricity over lower-voltage lines from power substations to customers), and (d) marketing (the sale of electricity to customers). For example the generation of electricity is not a natural monopoly. Generation is inherently competitive, and should be recognized as such by market rules governing the industry. Any sizeable electricity market can support many individual power plants of efficient scale. Entry can also be facilitated with rules that encourage new investments while protecting consumer and environmental interests. The operation of these power plants is coordinated over the electricity grid by an independent system operator without requiring the control of a single owner. Most regions in the world are served by integrated electric utilities, each of which performs all four functions, from generating electric power to selling it. These utilities established monopolies in transmission and distribution, which were extended into generation and marketing. Restructuring means that one or more segments of the current system will be open to competition, typically generation and marketing. Restructuring typically encompasses five fundamental elements (with some regulation retained from an independent regulator, at least in the initial stages), such as: • Electricity generation is opened to competition with free entry of new power plants and private contracts • Transmission and distribution remain in the hands of the utilities and under regulatory control because they are viewed as natural monopolies • Marketing to consumers is opened to competition • Electricity prices are free to move • A range of market instruments, including long-tern contracts, spot sales and marketmaking activities, is allowed and encouraged. Other key elements may include ensuring sufficient generation capacity (and fuel supplies) and also the encouragement of private market-making activity to hedge the risks from price volatility. A mixture of market instruments for conducting electricity sales is important in creating well-functioning markets. Long-term contracts distribute the risks between buyers and sellers and enable planning. Spot sales allow a response to changing market conditions. SHORT BIO Dr. Andreas Poullikkas holds a B.Eng. degree in mechanical engineering, an M.Phil. degree in nuclear safety and turbomachinery, a Ph.D. degree in numerical analysis and a D.Sc. higher doctorate degree in energy policy and energy systems optimization from Loughborough University of Technology, U.K. His present employment is with the Electricity Authority of Cyprus where he holds the post of Assistant Manager of Research and Development; he is also, a Visiting Professor at the American University of Sharjah. He is a member of various national and European committees related to energy policy issues. He is the developer of various algorithms and software for the technical, economic and environmental analysis of power generation technologies, desalination technologies and renewable energy systems. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 87 Business Yes! There are Business opportunities in the Balkans While the hampered economic climate continues to hover and trouble most countries and industries throughout the euro zone, keeping the business community reserved and cautious of undertaking on new investments, the Balkan region may well be the next “land of opportunity”, as it is continuously gaining ground on becoming a key and steady choice of the international business world. By Christodoulos Damianou, Eurofast, Director In the past, politically driven rationale and the underdeveloped infrastructure had often made doing business in the region difficult with many challenges. Lack of confidence by the regions citizens in their political leadership also lead to an increasing number of people relocating to seek opportunities in other parts of the world, thus losing one of its most valuable resources, its people. Even trade between the countries themselves had been limited due to the tendency of being suspicious of political integration and each country would individually look out for its own by We encourage businessman to seriously consider expanding abroad and exporting their products and services. 88 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 focusing on doing business with the major trading countries across the globe. The key to business growth seemed to lie in the development of an investment friendly environment, building of bilateral relations between the countries and implementing both economic and institutional reforms. Competitive advantages such as the low cost of labor, cheaper raw materials, the significant potential for rapid growth in their economies, prospects for privatization of state enterprises, the low level of domestic competition and offering favorable tax incentives would do the job for the Balkan countries to attract investor interest. Influenced by the effects of the global financial crisis and prolonged economic stagnation, desire to attract foreign direct investment and the successful growth and development achieved in other countries, certainly has put pressure on politicians to revaluate the status quo and take that long awaited courageous step toward directing efforts in working closer together with all stakeholders to develop economic policies that will be able to improve regional cooperation. It was inevitable that changes in doing business within the Balkan region were forthcoming in an effort to place the region on a more sustainable growth path and capitalize on the true potential and advantages the region has to offer as a whole. The region sharing similar regulatory frameworks and a common vision of integration with the European Union had no need to pioneer and invent the wheel in institutional and economical reform. After taking into consideration their own unique characteristics, it was sufficient to initially adopt and start by introducing business reforms that have already been successfully implemented in other places throughout the world. Recent years, indeed have taken on a positive outlook once it was now understood that competitive economies cannot survive if they remained isolated and building interdependency with their neighbors had become a necessity, thus encouraging investment and trading linkages across borders. ing, energy, telecommunications, education, transportation, information technology, manufacturing, construction, food and beverages, catering and entertainment. Thousands of students are now attending universities. The geographical location alone has been certainly one of the defining factors and countries in the region such as Serbia, Bulgaria, Romania, Albania, FYROM and Montenegro can boast that in their “neighborhood” there are more than 45 million consumers which constitute a sizable market to entice any investor. We encourage businessman to seriously consider expanding abroad and exporting their products and services. Together, we can evaluate the benefits businesses can gain by grooving internationally. Being a reliable regional partner, who has itself developed and grown organically throughout the years in this region, we are in a perfect position to guide our clients and associates in the markets we are present in. Starting off with improvements in their infrastructure in key areas as such transportation, communications, education, institutional and economic reforms across the board began to pick up the pace aimed at making it easier to start a business and operations, obtaining financing, trading across borders, paying taxes, obtaining construction permits, registering property, protecting investors rights and improving the efficiency of commercial dispute resolution. As a result this lead to significant savings for both domestic and foreign entrepreneurs by decreasing the average cost and time to start up a business, to process construction permits, register property and resolve commercial disputes. Significant changes were made and implemented to their business regulatory environment and complexity of processes, thus improving their overall ease of doing business and developing the ability of attracting new foreign direct investment. ...the Balkan region may well be the next “land of opportunity”... Nowadays, the Balkans present an attraction for many entrepreneurs from around the world after tangible results are evident as a result of taking charge and adopting a number of institutional and economic reforms. Doing business in the region has become much easier and some of the main industries where significant growth and development has already been acknowledged are those of bankACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 89 Business Project Management: Methodologies and Implementation By George Agathangelou * Introduction (Part 1 of 4) In this series of articles I briefly describe what is involved in Project Management contrasting project management with systems development (the technical aspects of projects). At the center of project management are methodologies (comprehensive frameworks for managing projects). At the end of project management is implementation (the final step in project management when a system becomes operational) and we will consider a range of different project implementation strategies. The main objective is to describe the management tasks involved in an IT project: 1)Strategic thinking – the good ideas and opportunities that the strategic thinking might reveal 2)Turning ideas into a more formal strategy 3)Turning IS strategies into projects. In essence each project is a set of plans to 90 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 invest in, and develop, a specific system for a specific business purpose Project management versus systems development Both terms are concerned with the process by which project definitions are converted into working systems but they are not synonymous. Project management mostly refers to management tasks. These are the activities and responsibilities that normally fall to general managers, functional managers users and specialist project managers in an IT project. They include, for example, allocating extra resources, monitoring finances and the time schedule. System development mostly refers to the technical tasks. These are the activities and responsibilities that normally fall to technical specialists and IT professionals. They include, for example, writing software, assessing the computer capacity needed and designing the way different computers are to be networked together. will be the balance between, and the co-ordination of, the different disciplines, and a senior general manager or director will wave the magic wand. Success and Failure However they are defined, it is clear that project management and systems development are at the heart of the successful deployment of IT within an organization. IT projects tend to be far more visible, inside and outside organisations, than strategies and technologies. Disaster stories in newspapers do not generally say there were too few creative ideas or that the strategy lacked cohesion. Frequently, project failures are blamed on poor project management and systems development. A methodology is intended to be a tried and tested blueprint for IT projects. It usually takes the form of a large documentary manual and/or software which detail the step-by-step activities involved in carrying through IT projects. As well as the step-by-step activities, a methodology will normally also propose how projects should be resourced, the decision taking structured and performance measured. In short, they are comprehensive how-to-do-it guides and checklists for IT projects. Some methodologies are management oriented, for project management; others have a technical orientation, for systems development. Looking more widely, a range of different research publications has revealed the following problems: • A project, completed on time and within the budget, was abandoned after completion because the system was no longer required. • An implemented system was rarely used because it was not user friendly. • There have been several allegations of ‘stiffing’, that is, an IT supplier in effect holding the client organisation to ransom at a crucial stage of a project. In all probability the headlines mask the fact that the root cause of failure lies elsewhere, for example in a resistance to change, a superficial strategy or the imposition of IT systems on top of poor business and management processes. However, it must also be true that poor management and systems development can by themselves ruin a project, perhaps undermining a well-prepared strategy or wasting good change management. Methodologies aim to be comprehensive, and they have been added to as time has gone by and more experience gained. They are therefore complex: the manuals describing them usually run to several large volumes. To describe a methodology in its entirety would go beyond the scope of this article, but in subsequent articles I will discuss the different methodologies. One is a systems development methodology, SSADM (Structured Systems Analysis and Design Method); one is a project management methodology, PRINCE (PRojects IN Controlled Environments). These are just two examples of a wide range of methodologies available and in use. *George Agathangelou Professional Services Director BSc CIT, MSc CSN MCTS, MCSA, CCSE, CITM, DCUCSS, RSA CCE HP-ASE, HP-APS, HP-ASP, STS, VSP, VTSP IBSAC Intelligent Business Solutions Ltd Whichever way we look at it, it is clear that projects are the bottlenecks of the IS value chain and have to be managed with care and skill. Given the large corporate expenditures on IS that are now common, (more than 50% of capital expenditure in the West is on IT related projects; surveys of annual expenditures also show IT taking up a significant percentage of revenue, differing from industry to industry) project management can be thought of as a core competence. The competence in project management can be tacit in the sense that it is hard to write it down or pinpoint its constituent parts. It will certainly be a mixture of different skills, abilities, responsibilities and processes. Sensitive people management, strategic awareness and alignment, political skills, financial expertise, IT professionalism, good project management practice, advanced technical expertise and more will be part of it, and all of these factors will work together in an integrated fashion. But probably no one will really know what exactly the crucial ingredients are or if there are any crucial ingredients. Most likely the piece of wizardry ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 91 Business Family businesses Managing culture and behaviour in the family business In the eighties and nineties, family businesses were often viewed as boring, obsolete, old-fashioned and lacking in innovation. Since the financial crisis this is viewed in a different light. By Paris Chrysostomou Senior Manager Family Business Services PwC Cyprus Family managing and supervisory directors are well aware of the importance of culture and behaviour for the continuity of their business. Family businesses are much more focussed on continuity and on the long term, through responsible management practices and sensible financing arrangements. They take account of the needs of employees, they invest in durable relationships with suppliers and customers, and they are well connected to their local communities. This is the advantage of responsible management that characterises many family businesses. Family values as a source of strength The values, beliefs and ambitions of the families behind these businesses form the driving force behind this culture of sustainability. That culture is a product of the ongoing interaction between the family and the firms they do business with. Consciously or subconsciously, explicitly or implicitly, family values are passed down from generation to generation, and they become embedded in the culture, values and man- 92 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 agement of the family business. While a strong culture can act as an extra impulse for family businesses, it can also be a brake on both change and growth. The importance of family governance An awareness of these negative forces and the flexibility to adapt the culture to changing circumstances are both crucial factors in the family business’ ability to grow and survive in the longer term. In particular, the current environment of increasing expansion and globalisation could lead to the need, for instance, for strategic alliances or private equity finance. On top of all this, the family business has the additional pressures of generational change as managers look to hand over in the coming decades to the next generation or, indeed, to external management now that internal succession is no longer taken as read. These developments further open up the previously closed circle of family, ownership and management, and this increases the need for good governance, both internal and external. The increasing need for focus on family and core values A PwC survey among 1,600 family businesses in 35 countries underscores the need for boards to reassess family governnance and to put management through cul- ture and behaviour high on their agendas: • More than a quarter of the family businesses surveyed will be handing over the management reins within five years. Only 53% of these expect management to remain within the family. The growing number of nonfamily managers results in a growing gap between buesiness management and the (family) owners. • The vast majority of conflicts within family companies are value driven. Conflicts relate mainly to the performance of family members who are active within the business, non-involvement of the family, decision-making as to who can and can not work in the family business, and the role of inlaws. sion and resolution of conflicts, such as shareholder agreements, family councils, external mediation, a family charter or management evaluation processes. The dynamics and lifecyles of the family business The family business dynamics is described by the three circle model listed below: Family Business Ownership • At the same time, only one third of the family businesses have set up procedures for discusEach of the three elements – business, family and ownership – have their own stages of development within the lifecycle of the family business and are described in the three-dimensional development model from Gersick et al. Gersick, Kelin E., John A. Davis, Marion McCollom Hampton en Ivan Lansberg, Generation to Generation. Life Cycles of the Family Business. Harvard Business School Press, 1997. Business: A family business begins as a start-up, gradually expands its activities, increases the professionalism within the organisation, and ultimately reaches maturity. Family: The business from the very outset is a business the younger family adults also work in, with the various generations working together and eventually handing on down the generations. Ownership: The ownership aspects of family companies develop at their own pace as the shareholdings disperse across the generations and branches of the family. Source: PwC Family Business Survey 2010/12 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 93 Business Flexitime as a working time schedule: How to increase productivity of the workforce by better reorganisation of working time “The majority (72%) of global businesses report that increased productivity is a direct result of flexible working practices. In almost all cases (68%) firms declare that flexible working has led to staff generating increased revenue” (Regus, Flexibility Drives Productivity, February 2012). By Irene Antoniou* Flexibility of working arrangements is an important component of the European Employment Strategy because it allows organisations to set financial measures (more efficient use of workplace facilities, reduction of employment cost) as well as social measures (increase of employee engage- ment, support of employee work-life balance). This also allows organisations to be more responsive to the unexpected market demands and changes. As a result, flexible working arrangements have caused a serious concern of today’s managers worldwide. Defining flexible working as “a type of working arrangement which gives some degree of flexibility on how long, where and when the employees work” (http://www.cipd. co.uk, August 2012), this includes a range of diverse practices such as (Factsheet, August 2012, http://www.cipd.co.uk): PracticesDescription Part-time working employers are contracted to work anything less than full-time hours Term-time working a worker remains on a permanent contract but can take paid/unpaid leave during school holidays Job-sharing a form of part-time working where two (or occasionally more) people share the responsibility for a job between them Flexitime allows employees to choose, within certain set limits, when to begin and end work Compressed hours/ weeks reallocation of work into fewer and longer blocks during the week (this doesn’t necessarily involve a reduction in total hours or any extension in individual choice over which hours are worked) Annual hours the period within which full-time employees must work is defined over a whole year Working from home workers regularly spend time working from home Teleworking this permits employees to work all or part of their working week at a location remote from the employer’s workplace Career breaks career breaks, or sabbaticals, are extended periods of leave – normally unpaid – of up to five years or more 51% of employees report that part-time working is the most commonly provided flexible working arrangement in their organisations. The next most commonly provided flexible working practices are flexitime (31%), working from home and mobile working (24% for both) and career breaks or sabbaticals (22%). Source: CIPD, Survey Report, May 2012 94 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 Beware! Although the evolution of flexible working has been evolved with the changes in employment legislation that supports employees (e.g. the right to request flexible working hours); the question is how a flexible working arrangement might enhance productivity and boost financial benefits, and whether there are barriers to apply flexible working in workplaces. How does this work? Flexitime helps employees be able to choose their time of arrival to and departure from work within the limits set by their employer. Working hours might be spread according to the imposed restriction of core working hours which are the periods when employees must be at work (09:00-17:30) as it is shown in Table 1. Table 1. Example of flexitime arrangements “Flexible working time arrangements are in operation The question is whether staff and employers conin almost half (48%) of workplaces with 10 or more sider flexitime to be beneficial for the same reasons. employees in Europe”. According to HR managers, the introducSource: http://www.deloitte.com/ tion of flexitime arrangements cause highEuropean research, June 2006 er job satisfaction (61% of HR managers). Despite the existing negative feeling about ‘flexibila- Other positive outcomes of flexitime: sation’ which is tied with the labour market insecurity • Greater capacity to adapt to varying in Cyprus (Social and Employment Situation in Cyprus (August 2012, p. 21), http://www.europarl.europa.eu), workloads (54%), the main focus of the current paper is on the positive • Reduced absenteeism (27%), impacts of flexitime on employees and employers in the • Reduced paid overtime (22%) light of the required measures of the Troika (July 2012) when the delegates looked at imposing strict conditions Source: European research, June 2006, aiming at the capital requirements of the country’s pub- http://www.deloitte.com/ lic and banking sector assessment (Cyprus). “77% of managers across Western European countries believe that flexible working increases employee productivity by 46%”. Source: http://www.microsoft.com/ February 2012 The main emphasis in the current paper excludes considerations of employees’ requests for flexible working due to their personal reasons such as taking care of their relatives, maternity or paternity leaves, but focuses on flexitime which is initiated by managers when they want to ensure that the needs of both employees and their business will be accommodated by making amendments to the working time. According to Aristotle, “it is well to be up before daybreak, for such habits contribute to health, wealth, and wisdom”, however we need to keep in mind that the ability to vary the start and end of daily working time might help managers to increase productivity of their employees. How? This might be achieved by adapting the working time to individual needs due to their physiological rhythms. Thus, working with staggered start and finish times might be highly beneficial both for organisations and individuals. Type StartFinish 1st type 08:00 16:30 2nd type 08:30 17:00 3rd type 09:00 17:30 Standard schedule 4th type 09:30 18:00 What are the benefits of flexitime for employers? • It has a positive impact on staff retention (e.g. enhanced employee motivation, employee engagement) • It might help to attract and retain skillful staff • It helps to increase commitment and productivity since flexitime allows employees to work when they are at their best (some employees prefer working early in the morning, other later in the afternoon due to their physiological rhythms) • It helps to reduce employment cost (e.g. lack of intentional absenteeism and tardiness) • It helps to enhance public image (e.g. the manager who cares about employees) • It might have a positive effect on customer service due to extended hours of work (e.g. in case when organisation has international clients and there are slight differences in time zones) What are the benefits of flexitime for employees? • It helps to match the personal and working needs due to the increased diversity of life styles, consequently it helps to achieve better work-life balance • It helps to stay healthy by allowing more time for exercising when required (reduction of stress) • It helps to be more productive (due to adaptation to individual physiological rhythms, so-called biological clock). However, managers might face difficulties when adopting flexitime in their companies: so-called barriers to introduction of flexitime might come into play. However, to be INFORMED is to be FOREARMED! ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 95 Business Examples of barriers to flexitime might be found in the following paper (CIPD, Survey report, May 2012): • Line managers’ ability to effectively manage flexible workers • The nature of the work • The role of trade unions • Existing organisational culture (when organisational culture does not provide a sufficient support, e.g. lack of support for sharing practices could restrict success of flexibility) Thus, flexitime should be very carefully planned and designed in order to ensure that the preferences, the needs of employees and their work duties as well as customer needs are taken into account. It is most likely that a combination of barriers might be found in organisations What should be done by managers before applying flexitime? • The task of a manager is to introduce flexitime working arrangement that will allow employees to adjust their start and finish times but still provide adequate cover of their working duties and service delivery • To ensure continuity of work and service delivery (e.g. adequate HR planning in respect to the existing workload) • To ensure that the equal access to flexitime is provided to all employees • To be sure that equality exists in terms of performance assessment, promotion and training activities • To review regularly flexitime arrangements of employees • To maintain communication with employees regarding the required work outputs or 96 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 the possible difficulties which appear • To maintain interaction among employees in order to help them feel coordinated by working in mutually respectful organisational culture (e.g. regular updates of the working results) Some organisations actively respond to the current economic crisis by cutting salaries and employee numbers. However, there is an instrument that when applied correctly, might help to reduce a pay bill by maximising WIN-WIN satisfaction of both parties (managers - employees). Reorganisation of working time (flexitime) is likely to lead to a number of positive outcomes such as increased productivity and customer satisfaction, employee engagement, loyalty, and as a result better revenue growth. Above all of these, flexitime might minimise damage to the reputation of the organisation in the market due to enhanced corporate social responsibility. Irene Antoniou* B.Sc., M.Sc. in Social Psychology M.Sc. in Management in Organisations PhD candidate in Social Sciences Commitment to Excellence In Business Awards 2012 Globaltraining was voted as the best organization in the “Services” category in Cyprus, in the “In Business Awards” of the year. This latest recognition at the 2012 “In Business Awards” highlights the success and overall contribution of the organization – and is a testament to the trust which both the public and employers place in the quality of the educational services of Globaltraining. CYPRUS 46 Makedonitissas Ave., P.O. Box 24005, 1700 Nicosia Tel: +357- 22841500 Fax: +357- 22357484 [email protected] 92 Ayias Phylaxeos Str., P.O.Box 51604, 3507 Limassol Tel: +357- 25381180 Fax: +357- 25386982 [email protected] 52, Famagousta Avenue, 6019 Larnaca - Dhekelia Road Tel: +357 - 24747500 Fax: +357 - 24652213 [email protected] GREECE 265 Mesogeion Ave., Neo Psichiko, 15451 Athens Tel: 30210 - 6722868 Fax: 30210 - 6729629 [email protected] ROMANIA 31A Economu Cezarescu Str., Sector 6, 060754 Bucharest Tel: 4031- 4253663 Fax: 4031- 4253662 [email protected] www.globaltraining.org Internal Audit The future of Internal Audit is now On behalf of EY, Forbes Insights conducted a global survey about the evolving role of internal audit. The report, the future of internal audit is now, details findings from the 795 Chief Audit Executives (CAEs) and C-suite executives who responded. 80% acknowledged that their internal audit function has room for improvement, with 70% feeling that improvements should be undertaken within the next 24 months. Dr. Aristodemos Yiannakas, Senior Manager, Ernst & Young Cyprus Ltd 98 75% of respondents believe that strong risk management has a positive impact on their long-term earnings performance and an equal number agree that their internal audit function has a positive impact on overall risk management. The report supports EY’s point-of-view that internal audit functions can turn risks into results and suggests four steps leading internal audit functions need to take to realise strategic alignment, increase its relevance to the business and help the company achieve a risk maturity that accelerates stronger financial performance. They are: • Using the organisation’s overarching business strategy to identify the risks that matter most and set the tone for an internal audit strategy; • Developing an internal audit-specific strategy with a three- to five-year time horizon that focuses on stakeholder expectations, coordinated risk functions and drives internal audit initiatives; • Employing critical enablers throughout the internal audit life cycle, such as an organisational structure that aligns to the business and fits the organisation’s culture, and an appropriate talent management program that ensures internal audit has the right people with the right skill in the right positions; • Running internal audit like a business by employing data analytics to drive enterprise efficiencies and results and by designing a value charter and scorecard that define how value to the organisation is measure and whether internal audit is achieving its goals. The key priorities of both CAEs and stakeholders have clearly shifted from compliance and financial controls to risk coverage and business relevance. When asked about the future of their internal audit function — where they most need to make improvements — respondents indicated the following top five priorities: 1.Improving the risk assessment process; 2.Enhancing the ability to monitor emerging risks; 3.Becoming more relevant to achieving the organisation’s business objectives; ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 4. Reducing overall internal audit function costs without compromising risk coverage; 5.Identifying opportunities for cost savings in our business. The survey results further suggest that internal audit will continue to focus on a mix of business and information technology reviews, with an increased emphasis on strategic and operational risks. Internal audit risk assessments, regulatory requirements and enterprise risk assessments will remain the top three drivers of the audit plan. No longer an annual process, the audit plan must be refreshed regularly (e.g., quarterly) and with triggering events. Leading functions are developing a “3 + 9” plan — a threemonth frozen window and nine-month fluid plan. However, 40% of CAEs surveyed still rely on an annual refresh process. Internal audit must develop an audit plan that focuses on organisational strategic imperatives and key business risks identified during the risk assessment, including an appropriate blend of: • Advisory and assurance reviews. The key is finding the right balance between assurance and advisory when developing the internal audit strategy. Inputs to this balance include Audit Committee and Management expectations on the one side and company or business initiatives on the other. • Thematic audits. In the survey, nearly onefifth of respondents indicated that they would like to see improvements to internal audit reporting by putting issues into perspective relevant to the risk and identifying trends. Thematic audits are one way of doing this. Themes should be tailored to the sector, organisational structure, business life cycle and strategy. • Issue-based audits. These audits can be planned in advance, aligned to the business strategy or ad hoc based on business requests or unexpected events that occur throughout the year. Internal audit would also be wise to build time into the audit plan for potential ad hoc issues. With the right internal audit-focused strategy in place, internal audit can add value to the business by becoming strategic advisors, identifying efficiencies across the enterprise, supporting key business initiatives and quantifying internal audit’s return on investment. Ernst & Young’s global internal audit survey results confirm that the future of internal audit is now. Internal audit functions need to act now to remain relevant to the business or run the risk of being left behind. Thinking ahead of tomorrow Fiduciary and Trust Family Office Wealth Management Asset Management Funds Advisory Investments Listings There are no typical clients for us. From young enterprises to global corporations, from high net worth persons to their families and consultants. We learn what you want to do and we help you create the value that you aspire to achieve. And we are on your side, all the way. GROUP ONE Oneworld ltd One Plus Family MFO ltd One Plus Capital ltd (licensed by CySEC) One Plus Ventures ltd Head Office: 75 Prodromou Avenue Oneworld House, PO Box 25207 Nicosia 1307, Cyprus T +357 22496000 F +357 22493000 ACCOUNTANCY www.onegroup.net CYPRUS • VOLUME 110 • MARCH 2013 99 Fraud Corruption in Cyprus: Perceptions and suggestions By Maria KrambiaKapardis * The effects of corruption have been outlined by many authors as to have devastating impact on the economic and political development where there is no respect for the justice system, property rights or banking and credit. At the same time corruption reduces the efficiency of both private and public organizations; affects the daily lives of common citizens; affects democracy; creates an inefficient government system; hinders economic growth; increases business costs. The social impact cannot be ignored. It has been noted by some authors that “the higher the levels of perceived corruption in a society, the more citizens see it as justified” (Dong et al. 2011). Cognisant of the socio-economic not to mention the political impact on the economy and the passion for zero tolerance for corruption, Transparency Cyprus has been actively involved in identifying anti-corruption measures and raising awareness as well as building capacities on the topic. Transparency International Cyprus (TI-Cyprus) is a National Chapter in formation of Transparency International. It was formally established in January 2011 and its aim and vision is one of combating corruption. More specifically, TI-Cyprus is a non-profit philanthropic NGO, politically non-partisan and does not investigate cases of corruption. However, it does receive complains which it forwards to the relevant regulatory authorities for investigation. Due to the TI- Cyprus Board’s hard work Transparency International accredited the local body to use the full name of the international organisation in March 2013 i.e. Transparency Cyprus is renamed Transparency International Cyprus (TI- Cyprus) . TI-Cyprus’s mission is to contribute to the strengthening of civil society and to improve the quality of public and private sector governance in Cyprus by promoting transparency, integrity and accountability. Some of its main priorities include raising awareness of the damaging impact of corruption, as well as empowering and encouraging citizens to participate in the fight against corruption. One of the actions of Transparency Interna- 100 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 tional is the preparation of an annual Corruption Perception Index (CPI) which aims to measure the discrete level of corruption in 176 countries. In the last 3 years, Cyprus has had, on average, a stable position in the CPI rankings (i.e. countries ranked as 1 have low corruption perception). Countries perceived to have the lowest perception of corruption in 2012 were: Denmark, Finland, New Zealand, Sweden, Singapore, Switzerland, Australia and Norway. Globally, in 2010, Cyprus was ranked 28th, in 2011 it was ranked 30th and in 2012, 29th. In the EU region, Cyprus was ranked 15th. Greece was ranked 94th on the global rank and 30th on the EU regional rank. TI-Cyprus in its efforts to find detail information on corruption perception issues in the Republic of Cyprus has been carrying out for the last three years an annual survey. Three research questions addressed in this paper include: (a) which actions/types of behaviour are perceived as corrupt, (b) what are the causes of corruption and (c) identifying the perceived level of corruption in various decision-making bodies. The 2013 survey, administered SeptemberDecember of 2012, covered 953 respondents in all major towns of Cyprus. All the age groups were represented in the study, 18-30 year olds (39%), 31-40 (21%), 4150 year olds (19%), 51-60 (13%) and 61+ (8%). The vast majority (61%) are university graduates, depicting the highly educated level of Cypriots. Women comprised 49% of the respondents. As far as the place of employment, 50% worked in the private sector, 26% in the public and semi government sector and the rest were not working. In responding to the first research question, TI- Cyprus has found that the following actions/behaviours are considered by most respondents as corrupt acts: (a) giving money or other consideration for an academic qualification (90%); (b) giving money or other consideration for obtaining a driver’s licence (90%); (c) giving money or other consideration for reduction in taxes (89%); (d) giving money or other consideration to receive a building permit (86%). As illustrated in Figure 1 below, the extensive corruption awareness activities organised by TI- Cyprus since its inception (including the two public discussions held in 2012 under the auspices of the Cyprus EU presidency) have proven useful in raising awareness and building capacities on the issue of corruption. For the first time in the history of Cypriot elections, politicians were making election promises on anti-corruption measures and even disclosed their personal and family assets, voluntarily. A goal reached by TI-Cyprus sooner than expected. Figure 1: Acts perceived to be corrupt The respondents believe the main causes for corruption in Cyprus are: (a) the lack of willingness by politicians to fight corruption (88%), the lack of real punishment (87%) and the lack of meritocracy (87%). The issue of meritocracy and zero tolerance of corruption by the Cypriots will need to be promoted further through educating the younger generation. TI-Cyprus in the new academic year will launch an education campaign starting from children of primary school age. It is worth mentioning that the meritocratic principle was established in Sweden in 1719 and from 1809 it received Constitutional protection. If we want to achieve the corruption levels of Sweden we ought to follow their examples not those of countries in the lower pendulum of the CPI. The third research question covered in this article, is the category of people/professions perceived as the most corrupt. The respondents stated that politicians rank the highest (96%), followed by the public servants responsible for public procurement (94%), local authorities (93%) and officials at regional and local level (93%) as well as the Police (93%). In line with the findings of the two previous surveys by TI-Cyprus, the respondents continue to perceive that politicians are the category of people who abuse their position and power for personal gain the most out of all the categories of people listed in the question. Given this perception expressed by the respondents and in an effort to encourage politicians to act upon corruption, TI-Cyprus has submitted to the newly elected government their suggestions on anti-corruption measures to be taken (please see http://www.transparencycyprus.org for the full publication). The rrecommendations to the newly- elected government include: (a) that a National Anti-Corruption Strategic Plan be drawn up; (b) an Independent Commission Against Corruption ought to be formed; and (c) an Anti-Corruption Commissioner be appointed. More specifically the proposal : (a) makes 10 suggestions to improve electoral accountability through political strategies and policies; (b) suggests the enactment of a Whistleblowing Protection Legislation as well as other institutional and law enforcement measures; (c) makes six suggestions in improving public administration; and, finally, (d) it makes a number of recommendations for an efficient and effective state-owned and state-controlled entities and suggests anti-corruption preventative measures to be taken should privatisation take place. TI-Cyprus is based on the principles of Transparency, Accountability, Integrity, Solidarity, Courage, Justice and Democracy. Membership to the organisation is free and the Board is looking for volunteers to help out in the aim of combating corruption, raising awareness and building capacities. Reference: Dong, B., Dulleck, U. and Torgler, B. (2011) Conditional Corruption, Journal of Economic Psychology 33(3), 609627. * Maria Krambia- Kapardis (PhD, M.Bus, B.Ec., FCA, ACFE) Associate Professor of Accounting, Cyprus University of Technology, Chair of the ECFA –ICPAC Committee and Chair of the Board of TI- Cyprus. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 101 Fraud FORENSIC ACCOUNTING: Using Computer Forensics to Uncover Financial Fraud By Rakis Christoforou BBA, CPA, ABV, CFF, CGMA, ACFE The Evolution of Computer Forensics Since the World Wide Web (www) revolution in 1991, significant growth has taken place in the use of computers, internet, e-mail, and recently cell Phones for committing Financial Fraud and other criminal activities. Because of this new development, forensic accountants in their struggle to uncover financial fraud are now looking not only for evidence in the form of paper work but also electronic evidence, commonly known as eevidence. Computer Forensics evolved during the last two decades as the main tool for the discovery of electronic stored information that could be used in the court. Defining Computer Forensics Computer forensics is the application of computer investigation techniques to gather e-evidence suitable for presentation in a court of law. The goal of computer forensics is to perform a structured investigation while maintaining a documented chain of evidence (also know as chain of custody) to find out exactly what happened on a computer and/ or other electronic devices and who was responsible for them. The Internet history, web-based email, lost or deleted files are examples of data the fraud investigator can utilize as evidence in his engagement. There are some unique aspects relating to computer forensic investigations compared to investigations looking for evidence in the form of paper works. Paper Work VS Electronic Evidence Until when paper only discovery was used Forensic Accountants and Lawyers asked for and received truckloads of paper documents, sometimes brought in from distant places. Their strategy involved finding evidential matter in the form of paper work that would help them prove a matter of fact. Strategies did not change much since then but the nature of evidence in the form of eevidence did. E-evidence in our days may fill supertankers if it were to be printed. This is so because now much more transactions 102 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 are computerized than before. Moreover, people nowadays use computers and other electronic devices at work for personal purposes as well, and therefore much more information is stored electronically. Living and Working in a Recorded World In our digital world people, including fraudsters, leave digital footprints of their activities from which their actions and intentions can be revealed. Digital evidence comes in many forms, including the hard drives found in personal computers, external drives, telephones, smart phones, personal data assistants, surveillance cameras and telephone voice mail systems. Consider only some of the ways that data originates and is recorded: • A manager e-mails his colleagues instructions on how to contact new customers; a server stores the e-mail in the manager’s and recipients’ mailboxes. • The same manager forwards a funny email to a select friends and business colleagues. Again servers store the e-mail in multiple locations in the organization. • A member of the Information technology department comes to the office late at night, copies a proprietary program code to a USB device, puts it in his pocket and goes home. Management did not detect it but the computer registry recorded it. • An assistant schedules a lunch meeting on her manager’s calendar. Three devices record this meeting: The e-mail server; the manager’s personal data assistant (PDA) such as a BlackBerry, iPhone/iPad or some other device and the manager’s home computer when he launches Web access from his home. • A manager charges lunch and other personal expenses on the corporate credit card. Several systems record this transaction: the merchant’s systems, the issuing bank’s systems, the acquiring bank’s systems, and the payment processor’s systems. • An assistant comes to his office early in the morning before his manager, deletes a personal file, prints an important confiden- tial document from his computer, makes copies of this document and faxes or scans it from his office to a competitor of the company. What he does not know is that the machines he used have storage mechanisms and that his actions could be revealed. • The business day dawns, and each swipe of a parking pass and building access card creates a record in a security database. • Logs are now kept every time an employee locks into a system, visits particular websites and logs off early to go home. Thus the employer knows how many ours the employee worked efficiently for the company. The amount of information left in each of the above devices often proved to be the basic reason that sufficient relevant evidence was collected and financial fraudsters and other criminals were caught and found guilty in a number of known cases. In some cases fraudsters thought they have destroyed their digital trails by deleting the relevant files, but this did not prove to be the case. Deleting a file is not so easy Modern computer forensic software can find or retrieve evidence much sooner than in the “old days” where the process could take many days. Deleting files from hard drives is not so easy; deleting is in fact a misnomer. Choosing the delete option erases the file’s reference from the directory, but it does not erase the file until it is overwritten entirely. Furthermore, businesses have disaster – recovery systems that perform automatic backups. Therefore, even if a particular file was never saved or it was deleted shortly after it was created, it might still be retained on multiple backup media. Most files usually contain metadata, additional data about original data, that can provide the investigator with important relevant information. The Creation of Metadata When files and messages are saved, modified or sent, computer software automatically creates artifacts or metadata. Normally this information cannot be changed. Most times metadata includes information about the date the document was created, who created the data, when it was modified etc. This may prove to be an important e-evidence to be used in court because metadata can be as revealing as a fingerprint. When Enron declared bankruptcy in December 2001, much of the investigation relied on computer files and their metadata as evidence. A specialized team of Forensic Accountants, Computer Forensic experts and Lawyers began to search through hundreds of Enron employee computers and were able to find important e-evidence that was used in court. Aspects to Consider when Dealing with Electronic Evidence E-evidence tends to be more complete, can prove intent and is hard to deny. At the same time there are some aspects that must be taken into consideration when dealing with a computer investigation. - Computer Forensic investigations may prove to be very costly because specialized skills and software may be needed in order to properly retrieve relevant information without changing or damaging it, - It is an area that is constantly evolving. Recently programmers began to design anti-forensic tools to make it hard to retrieve information during an investigation, -We are now experiencing a shifting from desktop computers to handheld devices (e.g. cell phones) and additional technical knowledge is needed to retrieve information from these devices, - The Achilles heel of e-evidence is that lawyers and judges involved in a case may not always understand the accounting and technical details of the case, and as a result, not appreciate the relevance of e-evidence without the help of a forensic accountant and/or a computer forensic expert. Conclusion As evidence is increasingly electronic in nature, the importance of using computer forensic techniques to uncover evidential matter in a financial fraud investigation cannot be understated. Electronic evidence (e-evidence) is trace evidence, which is an extremely fragile and often high-value form of evidence that tends to be undetectable to the human eye. Just like other forms of trace evidence, e-evidence must be collected, preserved and handled with care by professionals who know how to collect evidence and prepare it for judicial cases. If evidence is destroyed or modified then the case could be lost in court. Note: Mr Rakis Christoforou is the first Cypriot to be holding the CFF (Certified in Financial Forensics) and ABV (Accredited in Business Valuation) Certifications. He is a member of both the AICPA (American Institute of Certified Public Accountants – Forensic & Valuation Services section) and ACFE (Association of Certified Fraud Examiners). He is also a member of ICPAC and ICPAC’s ECFA (Economic Crime & Forensic Accounting) Committee holding the position of Vice-Chairperson. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 103 Fraud Accusations about money laundering By Tasos Yiasemides Principal at KPMG Limited 104 The Republic of Cyprus has been lately accused by international media as well as by foreign politicians about money laundering issues and unclear procedures. Moreover, there is discussion about the existence of a tax haven providing refuge to frugal Russians. It is understood that the specific categories are redirected in such a way so that Cyprus is undermined as a financial services centre. Competitive centres consider our difficult financial position as a first class opportunity to affect the country, envying the foreign deposits in the Cypriot banking system and the investments that are carried out through Cyprus. The Cyprus tax regime has been approved by competent European bodies during the country’s accession in the European Union and no comparison can be carried out with tax havens. Cyprus, due to the double taxation agreements that it has signed with other countries, is used by many international groups during their restructurings, since the Cypriot holding company regime is widely known. Similar regimes exist in Malta, Luxembourg and the Netherlands. It is noted that Cyprus is fully compliant with the European directives regarding the procedures of money laundering prevention and this is mentioned in the Moneyval report. Moreover, the banking sector in Cyprus is under the supervision of the Central Bank of Cyprus and of the European Central Bank. Strict control procedures are followed for capital transfers and when accounts are opened. The Cypriot Parliament has voted unanimously all the legislations which were asked by Troika and which concern money laundering. One of the most important is the one that regulates the supervisory frame for companies which provide administrative services to investors with international activities. Despite the fact that the legal framework is considered sufficient there is always space for improvement. The European Commission has suggested two legislative propositions for the enhancement of the current rules regarding the elimination of the legalization of income from illegal activities and capital transfer. According to the announcement the strictest communal legislation is necessary because the threats connected ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 to money laundering are constantly evolving, something which requires regular rule updating. It is pointed out that certain cases, worldwide, have seen the light of publicity and concern serious cases of money laundering. In these cases it seems that well-known banks have played their part. Cyprus has managed to attract foreign investments due to its tax framework, the high quality of services which are provided by the Cypriot professionals and the trust of foreign investors. A change in the current business environment might create insecurity among investors, thus shrinking the services sector. In this case chained reductions would arise in the country’s GDP, since the services sector is an important percentage and the possibility of the loan’s repayment would be under doubt. As a state we are ready to accept any review regarding the accusations about money laundering. It is understood that the procedures must continue with fast rhythms so that the final loan agreement is signed in March. However, such a review would be better to be carried out by an institution of the European Union and the International Monetary Fund, so that the credibility of the financial institution is not further affected. It is required that the country’s constitution and the European legislations, more especially when we refer to personal data, are respected by everybody. It is also required that, as a first step, the services sector is ensured and as a second step its enhancement with the update of the tax legislations, the provision of motives, the enhancement of the Cyprus Securities and Exchange Commission, the promotion of the Merchant Shipping and the precipitation of all the procedures which concern the creation and operation of businesses in Cyprus is achieved. IT’s all about ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 105 Fraud The Cyprus EU bailout and the money laundering Spanner in the works By Costas Apostolides, Economist* The issue of money laundering in Cyprus was raised by the finance ministers of Germany, Austria, the Netherlands and Finland in recent weeks, plus articles in the German press, built up into a crescendo over the past week, just at the time that Russia implemented the agreement with Cyprus and took the island off their black list. It is an important issue that some state could derail the Cyprus EU bail out efforts, but research undertaken has shown that money laundering occurs everywhere, with the most eye catching cases being the 2008 spat between Euro giant Germany and ant sized Liechtenstein, the British HSBC the largest bank in Europe, and the Vatican laundering embarrassment. Serious as the problem is, one cannot but laugh when watching Jon Stewart’s Daily Show (1.9.2013) entitled “Disgraced Financial Institution” and subtitled “Bank Wankers” with reference to HSBC’s acknowledgment of their money laundering activities. The Minister of Finance speaking on the radio stated that Monday’s Eurogroup Meeting was difficult and the money laundering issues were brought up, including the idea that there would be an inspection. But he stated that the inspection is the work of the International monetary fund, which has looked at the issue during a September mission, found that the legal framework was in place, and made recommendations for improvements which were immediately adopted by the Government. He added that the Memorandum for assistance for Cyprus will include a section on money laundering which will set out measures that Cyprus must examine on the issue and that this will be monitored. He gave no indication that this would derail the Cyprus bailout, and if any issues do arise the strategy is for this should continue to be the role of IMF. If you live in a glasshouse you do not throw stones. It is clear to me that former Minister Shiarly was doing a good job and taking great responsibility for his actions under difficult circumstances. In effect Shiarly and Central Bank Governor Demetriades had taken the 106 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 reins of Government in their hands during the period of a lame duck presidency. My view however is that money laundering is a worldwide problem that takes place in all countries, and it is difficult to identify and to control in practice. But before proceeding to show how widespread money laundering is it is important to show the ulterior motives of Germany and the other countries in raising the issue because there are more profound reasons for emphasizing the issue at this time. The conservative economics of the northern block of Eurozone states has a long term strategy which shows up the ulterior motives which are as follows: 1.Taxes in the EU should be brought into line, upwards to be closer to their own levels. This includes VAT, where some harmonization is in place through the mandatory minimum level, but more importantly corporation and personal income tax. They are afraid that lower taxes in Luxembourg, Ireland and Cyprus attract northern companies and act as sources of tax evasion. The British Channel Islands and Gibraltar are not in the EU but are competing centres. 2.There should be closer EU co-operation on tax evasion. 3.They intend to squeeze the countries requesting financial assistance in order to get their objectives and to reduce legal loop holes to tax evasion. 4.They classify tax evasion, whether legal or illegal as money laundering. 5.They illegally use legislation for countering terrorism and the financial resources of terrorist organizations, as well as associated laws on gathering information on terrorism, to get data on tax evasion. It should be noted that the articles on money laundering in Cyprus in the German press were based on German intelligence reports (EuropeanVoice.Com 24.1.13).This poses a challenge to individual freedoms and a free society, fundamental principles of European society. The aim of the northern block is to force all EU states to come into line with their own www.pwc.com.cy Tax Facts & Figures 2013 - Cyprus The tax system in Cyprus Please scan with your smartphone to find the electronic version of the publication. All of us in PwC are here to offer you our knowledge and expertise and to support you in achieving your personal and corporate tax goals. The specialised solutions we offer to you are adjusted to your own needs and will support you in structuring your tax operations in an efficient way. The guide is available free of charge at the reception areas of the PwC offices all over Cyprus. You may also find the guide in electronic form on our website. © 2013 PricewaterhouseCoopers Ltd. All rights reserved ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 107 policies, something Luxemburg, Ireland, Cyprus and Malta have resisted to date. They are now using the economic crisis in Ireland and the South to push forward their policies, through implicit and explicit blackmail (concede or no bailout), and by pushing money laundering issues which opens up the spectre of dealings with organized crime, terrorist affiliates , rogue states and other undesirable holders of funds. While tax evasion is now considered a crime irrespective of whether it is actually legal or not. The reason that I believe Cyprus should open up a European wide debate is that the problem of money laundering is a worldwide issue, and Caribbean and Pacific tax havens apart, money laundering is mainly focused in the world’s major financial centres. The following examples illustrate the problem: The Vatican has been cut off from credit card transactions important for its tourism earnings because of “lingering questions about the Vatican’s involvement in a 2010 money laundering case” that is being investigated by the Italian monetary authorities (Catholic World News 8.1.2013). HSBC, the biggest bank in Europe, conceded that it was involved in money laundering through its New York operations and agreed to $1.9billion to the New York regulators, to settle a probe involving Mexican and Columbian drug barons and prostitution earnings. No criminal actions were pursued against the staff or officials of the bank though $200 trillion were involved in transactions (TrustLaw-Reuters). Since it is a British bank and its worldwide network was used, it seems odd that there are no news reports of investigations by the British or European authorities (The Daily Show is recommended on YouTube). In December the German police raided Deutsche Bank and held leading officials within a probe involving alleged tax fraud, and money laundering that is considered to have been undertaken through the EU carbon emissions trading system. Deutsche bank was also investigated in a US money laundering probe (Bloomberg 23.1.2013) and is seeking $557 mln on a defaulted loan linked to money laundering indirectly associated with the disgraced Chinese communist leader BO Xilia (www.wantchinatimes 9.1.2013). Furthermore Standard and Chartered, Barclays, Credit Suisse, Lloyds and ING have been investigated in relation to money laundering from Iran, Cuba and 108 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 North Korea. In Malta there is a case fit for a Hollywood thriller where a former diplomat from Kazakhstan has been tried in his homeland for two murders of bankers, and the Austrian authorities are investigating his involvement in money laundering in his new place of residence on the island. One of the most upsetting cases, however, is that of the 2008 German-Liechtenstein Affair, where the German intelligence acquired for over €4.2 mln data from a computer technician with the names of Germans avoiding taxes in Liechtenstein (Wikipedia quoting Suddeneutsche Zeitung). The Germans then pressured the small country to cooperate with them. But this raises issues of data protection law, cooperating with a data thief, and the illegal use of intelligence services for investigations for private actions. With respect to Cyprus it is clear that the country is trying to cope with the frequent changes in money laundering and taxation law, and the situation is improving all the time. The legal environment here is actually stronger than in Germany and surprisingly Luxemburg. But with thousands of companies registered in Cyprus and the Registry of companies in unsuitable buildings, understaffed and still behind in digital records and access to information, we have to invest more in building up the capabilities of the Registrar. At the same time the private sector has to wake up and organize itself so as to get more information on applications for company formation before they proceed. They have an obligation to investigate their clients before creating new companies The lesson from all this is the old proverb “If you live in a glasshouse you do not throw stones”. *Costas Apostolides is Chairman of EMS Economic management Ltd ([email protected]). Exclusively at Debenhams Josh/Biker “It’s just me and my bike. I get lost, there’s no traffic, open air. I’m free.” watch the movie at mcsapparel.com ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 109 IT The Excel Wizard Question: What is the best approach to extract data in Excel from another software like an ERP package? By Stratos Panayides, BA(Econ), ACA – Training Consultant at AKTINA Wizard: The reporting capabilities of Excel are widely used by accountants in feasibility studies and result evaluations. When analyzing historical data, they usually import data already prepared in their ERP/accounting software and then manipulate it, mainly using the Sorting, Filtering and PivotTable related commands. This is good enough for static reports, but is not the ideal practice as next time they have to prepare the same report (say, for the following month), they will have to repeat the procedure. The best approach is to connect Excel directly to the tables behind the ERP (Microsoft SQL Server, Oracle, Access etc). By doing this, they are creating a dynamic model, meaning that next month they need to have the updated data, all they have to do is click on the Analyze – Data – Refresh button. They then get an instant update of the data, without having to redesign the model! In the case of a PivotTable you use the command Insert PivotTable – Use an external data source and normally you will be asked to enter the password in order to obtain access to the database.The procedure may need the help of an IT Pro initially, but once set up, it is a piece of cake to implement. Question: Can we draw data from multiple tables in PivotTable? Wizard: The best approach is to use the PowerPivot functionality available in the Office Professional Plus and Office 365 Professional Plus editions of Excel 2013. It is an add-in you first have to load from File Options - Add-Ins - Manage - COM Add-ins – Go... You click on the Add this data to the Data Model option and then you will be able to integrate data from multiple tables, effectively building a relational data source inside Excel. 110 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 111 Real Estate Permanent Residency & Home Buying There is so much information flying around, some of which is incorrect, we hereby attempt to provide a comprehensive information on the subject: By Antonis Loizou F.R.I.C.S. Antonis Loizou & Associates Ltd – Real Estate Valuers & Estate Agents 112 • A person from a non E.U. country can ask (not as of right) to obtain a permanent visa to stay in Cyprus if he acquires a house (apartment/house) of a cost of at least €300.000. • Out of the amount of €300.000 he must prove that he has already paid the €200.000 (on application) and the rest from local (loan) funds or from abroad. The first €200.000 must come from abroad (as well as any loan repayment). • This permanent residency visa may be withdrawn if the visa holder does not visit Cyprus for a period of 2 consequential years (he may visit Cyprus even for 1 day). Also the visa will be withdrawn if the applicant/visa holder becomes a permanent resident of another country (not his own). • The visa holder, who has dependents (e.g. wife, under age children) who are covered by the visa, they must also visit Cyprus once every 2 years. • In the event of the visa holder selling the property, the visa will be withdrawn. Periodic checks will be undertaken towards this direction. • All documents submitted to the immigration department must be original and any copies must be so certified. The documents can be translated in Greek or English, must be done by the Ministry of Exterior of the country of origin or the Cypriot embassy in his country or the embassy of the foreign person in Cyprus. • Applications may be undertaken by the applicant himself or his representative duly certified. • Applications once approved bear a fee of €119.17 cents. • The applicant’s annual income must be not less than €30.000 plus €5.000 p.a. for each dependent who is covered by the visa. The ability to prove the income must come either from the income tax authorities of the country of origin, banks, where the applicant has money, contracts of rentals, share certificates etc. • The €300.000 residence buying does not include VAT and/or transfer fees. • The purchase of €300.000 does not refer to a single unit but to a number of units totaling €300.000, or a house of say €150.000 and other real estate such as garage, store, shop of total €150.000 – Information from the Immigration Department – Totally wrong ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 since 3rd country nationals may not buy anything else other than a single residence. • People who have real estate and meet the above criteria can apply now for the visa even if they bought the real estate some time ago. • The visa applicant must deposit at least €30.000 in a local Cypriot bank for a period of at least 3 years. Any interest earned can be collected by the depositor but in no case its euro value will be less than €30.000 during this 3 year period. • Dependents mean wife and children under 18 years old. Children with a higher age must apply separately and must comply with all the said requirements. The applications will be examined within the family circumstances in mind however. • A visa holder cannot work in Cyprus other than through an offshore status. He is allowed however to become a shareholder of a Cypriot Co which operates in Cyprus, provided he does not work (with or without pay). • Visa holders may not as of right travel to other E.U. countries without a visa from the country to be visited. These details are very important with the increasing interest for the Cypriot permanent visa coming from various countries, but with particular interest from Chinese. According to information received, 600 Chinese have acquired property in Cyprus over the last 3 months and the application number is increasing. Care is needed however especially for the Chinese who, we understand, use “Visa Offices” in their own country from which they are charged ±€25.000/visa if the application is successful, plus €5.000 legal fee, plus 5%-10% sales commission etc. This is a con job to say the least, since the use of a local lawyer to submit an application will not cost more than €2.500, let alone the rest In addition, prospective new comers to Cyprus should carry out some basic due diligence with respect to titles, mortgages and the correct value. We understand that more or less an apartment/house independently of size, quality etc is duly sold at €300.000 to Chinese – a question raised by the Pafos Lands Office recently. This means that some unaware buyers have been had because the uniformity of value is not normal. We will provide more information once we come to know and point out the misinformation which might be given by various services including, regrettably, the immigration department. ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 113 Real Estate Disrespect to Real Estate Agents The laws, regulations and /or practices governing the day-to-day work of a real estate agent in Cyprus are causing numerous problems both to them and their clients. The authorities must be pressured to make amendments to create a more favourable working environment. What are the problems being created by the current situation? By George Mouskides General Manager, FOX Smart Estate Agency Licensed Estate Agent BBA, US CPA It would not be an exaggeration to say that uncertainty shadows over real estate transactions. To begin with, most real estate agents only get verbal instructions from property owners to sell or rent a property. This practice, being of a vague nature, many times creates friction between owners and agents. Signed We believe that the Cypriot Council of Real Estate Agents should demand that all licensed agents use a written listing form to be signed by all owners. This should ease problems between agents and owners and will also sideline unlicensed agents as they will not be able to use such a document. It would also be beneficial if all buyers and tenants are obliged to sign a property viewing form. Friction Under the current system many buyers employ the tactic of negotiating with a number of real estate agents for the same property, causing numerous problems. It is not unusual, for a number of agents, to be showing the same property to the same potential buyer. The question arising when a property has been sold is, in so many words, ‘who is entitled to the commission if a viewing to the buyer has been performed by 3 different agents’? The agent who first showed the buyer the property, the second agent who showed him the property on a second occasion, or the third agent who was present when the deal was reached and the paperwork signed? Not clear I’m afraid. 114 ACCOUNTANCY CYPRUS • VOLUME 110 • MARCH 2013 Commission We believe the commission should be in the pocket of the agent who first informed the client of the availability of the property. A serious issue develops if the interested buyer fails to inform the second and third agent that the property had been viewed with another agent before. Employing the same ethics that require an agent to inform a prospective client of the physical and legal status of a property, buyers should also be obliged to inform owners and real estate agents that there is a particular agent who had showed the property before. There should be crystal-clear regulations determining who is entitled to the commission, which we believe should be the first agent. If a buyer intentionally fails to mention the existence of a first agent he should be forced to pay the commission and also face any other legal measures. The rights and obligations of the buyer should be explicitly stated on the viewing form signed. It would be a blessing if such practices are employed as they would also lead to more professionalism. Multiple Listing System An idea that can bring about great efficiency, professionalism and at the same time get rid of all illegal agents is the following. A website should be created listing most properties on the market, common to all licensed real estate agents. Any agent could then list his properties on the website and all other agents with interested buyers/ tenants could co-operate with the listing agent to conclude any transaction on the particular property. If such a system is put into place then people wanting to sell would only need to approach one agent and be sure their property would be exposed to all agents using the website. There are a number of other suggestions to help upgrade the work of real estate agents and wash away friction between them or between agents and clients. The ideas are in front of us. What is needed is the will by the appropriate authorities to enforce them. The Journal of the Institute of Certified Public Accountants of Cyprus