REVENUE MEMORANDUM CIRCULAR NO. 86-2021 issued on July 15, 2021 circularizes the Memorandum of Agreement (MOA) on Information Exchange and Reconciliation between the Department of Energy (DOE), Bureau of Customs (BOC) and Bureau of Internal Revenue (BIR), collectively called “Parties”.
          The BIR shall provide the DOE and BOC with the following documents:
       a. Monthly reconciliation report on denatured imported bioethanol per oil company, in a
           format to be agreed by the Parties, on or before the end of succeeding month from the month
           of receipt of the DOE report;
       b. Monthly reconciliation report on inventory of crude oil, finished petroleum products and
           biofuel per oil company, in a format to be agreed by the Parties, on or before the end of the
            succeeding month from the month of receipt of DOE report;
        c. Monthly reconciliation report on issued withdrawal certificates per oil company, in a format
            to be agreed by the Parties, on or before the end of the succeeding month;
        d. Monthly reconciliation report on the list of BIR-registered/accredited downstream oil
            industry participants, such as but not limited to, refiners, importers and terminal operators,
            on or before the end the succeeding month; and
        e. Other relevant information that the DOE and BOC may require for the monitoring of
            denatured imported bioethanol and inventory of crude oil finished petroleum products and
             biofuel.
             The documents and information that the DOE and BOC shall provide to the BIR and the other
Party are specified in the MOA.
              For the BIR, the Excise Large Taxpayer Field Operations Division (ELTFOD) shall be the responsible office for the receipt, distribution, collation and reconciliation of documents and information from the DOE and BOC. The designated offices in the DOE and BOC for the information
exchange and reconciliation are specified in the MOA.
            The respective Parties of the Agreement shall issue the necessary designation/special order to personnel who will be part of the information exchange and reconciliation committee and provide copy to all Parties, including any amendment thereof. The designated personnel of the Parties shall form part of the reconciliation committee created whose functions are specified in the MOA.
                The reconciliation committee shall exchange information via electronic mail through the official email addresses of all Parties. The reconciliation committee shall likewise conduct regular monthly meetings, preferably scheduled every Friday of the last week of the month, to present and discuss the submitted and reconciled reports on a designated time and platform agreed upon. Upon call by any of the Parties, a special meeting may be conducted to address any urgent concern.
                    All document and information provided in the MOA shall remain confidential and will not
be disclosed to a third party without the prior written consent of the originating Party’s Head of Agency or authorized representative.
              The access and use of the information shall be strictly for the purpose of the MOA and limited to authorized personnel of the Parties. Each party shall be held accountable for the strict compliance of this article and the Party concerned and the third party involved shall be penalized pursuant to Section 1431 of the CMTA, Section 24 of RA No. 8479, Section 270 of the NIRC, as amended, and the Data Privacy Act, if applicable.