Beruflich Dokumente
Kultur Dokumente
2
What are ethics codes for?
Codes of ethics increase the probability that people will
behave in certain ways:
• partially by focusing on the character of their actions
and
• partly by focusing on sanctions for violations
Codes of ethics can function as a professional statement. It
expresses the commitments of a person joining a
profession to:
• a specific set of moral standards;
• a clear set of value to which they are expected to
subscribe.
James Q. Wilson, The Moral Sense, N.Y.: The Free Press, 1993
3
The Evolution in Governance And Ethics in the Practice of
Accountancy
BOA
SEC
BSP
CPA
BIR
IC
CHED CDA
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5
6
7
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PICPA is a member of the International Federation of
Accountants (IFAC/Federation), committed to a
coordinated worldwide accountancy profession with
harmonized standards. (IFAC’s 179 members &
associates in 130 countries, representing more than
2.5 million accountants)
8
PICPA, upon signing Statement of
Member’s Obligation (SMO)Nos. 1 - 7,
is obliged to support the work of the
Federation by informing its members
of every pronouncement developed by
the Federation.
12
2.PICPA… SMOs:
SMO 1 - Quality Assurance
SMO 2 - International Education Standards for
Professional Accountants and Other International
Accounting Education Standards Board (IAESB
Guidance)
SMO 3 - International Standards, Related Practice
Statements and Other Papers Issued by the
International Assurance and Auditing Standards Board
(IAASB)
13
2.PICPA… SMOs:
SMO 4 - IESBA Code of Ethics for Professional
Accountants
SMO 5 - International Public Sector Financial Reporting
Standards (IPSAS)
SMO 6 - Investigating and Discipline (I&D)
SMO 7 – International Financial Reporting Standards
(IFRS)
14
The Code of Ethics for Professional Accountants in the
Philippines is based on the revised Code of Ethics for
Professional Accountants developed by the
Federation 2013 and adopted by PRC/BOA in 2015,
pursuant to Professional Regulatory Board of
Acountancy Resolution # 263 .
• Professional accountants refer to persons who are
registered in the PRC as Certified Public
Accountants (CPAs) and who hold a valid certificate
issued by the BOA
• where the domestic laws are in conflict with the
Federation’s Code, the local law shall prevail
Apparent failure to do so may result in an investigation
into the CPA’s conduct.
15
This Code is in three parts
16
Self-interest
Threats
Intimidation
Threats
Self-review
Threats
Fundamental Principles
Familiarity
Advocacy Threats
Threats
9
PART A
GENERAL APPLICATION OF THE CODE
18
SECTION 100
Introduction and Fundamental Principles
19
Fundamental Principles
A professional accountant is required to comply with the
following fundamental principles:
(a) Section 110 - Integrity – straightforward, honest, fair dealing
and truthfulness in all professional and business relationships.
21
Fundamental Principles
(c) Section 130 - Professional Competence and Due
Care
(a) To maintain professional knowledge and skill
at the level required to ensure that clients or
employers receive competent professional service;
and
(b) To act diligently in accordance with applicable
technical and professional standards when
providing professional services.
22
Fundamental Principles
(c) Professional Competence and Due Care …
Professional competence may be divided into two separate
phases:
(a) Attainment of professional competence – high
standard of general education , training and licensure
examination , a period of work experience.;
(b) Maintenance of professional competence - The
maintenance of professional competence through a
continuing program of development.
23
How our CPD compares among ASEAN
17
PROFESSIONAL REGULATORY BOARD OF
ACCOUNTANCY
RESULOTION 254
Series of 2017
25
Section 5. List of Requirements for accreditation of CPD Program –
5.1 Specific course Objectives stating competencies to be
gained from the program;
5.2 Evaluation tool specific to course objective set;
5.3 Program of Activities showing time/duration of
topics/workshop;
5.4 Resume of Speakers for program applied for, showing
expertise in the topics; show certificates or citations
(if any)
5.5 Current Prof. ID of speaker if registered professional, if
foreigner, current, Special Temporary Permit, if
applicable; and
5.6 Breakdown of expenses for the conduct of the program
26
6.1 EVALUATION FORMS
a. Resource Person
b. Conduct of Seminar
c. Over all Management
Rating scale shall be as follows:
1_ Needs Improvement, 2_ Fair, 3_ Satisfactory, 4_ Very Satisfactory, 5_ Excellent
27
Section 9. Maximum Creditable Units for Self-Directed
and/or lifelong learning . – The maximum creditable
units for self-directed and/or lifelong learning is forty
eight (48) credit units or forty percent (40%) of 120 CPD
units within a compliance period of three (3) years,
which the implementation thereof shall be gradual in the
following period:
29
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
A. TECHNICAL COMPETENCE b. IFAC Pronouncement issued
through IFAC member bodies
2. Laws, Rules and Regulations
affecting Professional Practice
which includes but not limited to:
a. Issuance of
government/regulating
bodies, such as, but not
limited to:
Professional Regulation
Commission and Board of
Accountancy (which covers
provisions of the Philippine
Accountancy Act & IRR, new
resolutions and regulations
issued by PRC & BOA and
other issuances pertaining to
registration licensing &
professional regulatory
regimes)
30
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
A. TECHNICAL COMPETENCE Securities and Exchange
Commissions, Sentral ng
Pilipinas, Insurance
Commissions, Bureau of
Internal Revenue,
Cooperative Development
Authority.
Commission on Higher
Education and Department
of Education; and
Commission on Audit,
Department of Budget and
Management Civil Service
Commission, for CPAs in
government sector.
31
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
A. TECHNICAL COMPETENCE a. Other laws and regulations
that govern different forms
of legal entities.
1. Environment of the Practice
which includes Frameworks,
models, best practices,
benchmarks, information
technology advances, tools &
techniques espoused by
professional and other
organizations that affect the
operations & management of
clients & business entities of
the professional.
32
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
B. PROFESIONAL SKILLS 1. Professional Development
activities that enhance the
CPA’s intellectual,
interpersonal,
communication, personal
and organizational skills,
which includes but not
limited to;
a. Oral & written
communications;
b. Presentation, negotiation &
facilitation skills;
c. Teamwork Enhancement;
d. Personality & social graces;
e. Decision making, leadership,
management & supervision;
33
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
B. PROFESIONAL SKILLS f. Conflict resolution, cultural
immersion programs,
language learning
programs,
time and resources
management, work or
process innovations and
problem solving skills;
34
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
C. PROFESSIONAL VALUES, a. Code of Ethics for
ETHICS AND ATTITUDES Professional Accountants;
b. Quality standards based on
issuances of bodies affecting
the professional practice;
d. Social responsibility,
principles and interventions.
35
Section 11. Accreditation of CPD Speakers. – There shall be a
process to accredit speakers in order to uplift and
maintain the quality of the content, relevance and
delivery of CPD by all accredited providers.
As a transition, speakers in accredited CPD providers that have
been approved by the CPD Council prior to the effectively of
these guidelines (but will be run thereafter) shall be deemed
as accredited speakers in respect of the said programs.
Required Minimum Units
Year of Renewal Number of Under Required Flexible CPD Required Minimum Units Earned from
CPD Credit Competency Units the Previous Year (s) for License Renewal
Units Areas
January – June 30, 60 40 20 0
2017
July 1- December 80 40 40 0
31, 2017
2018 100 40 60 20 CUs earned in 2017
2019 120 40 80 20 CUs earned in each of the 2
immediately preceding years (2017-2018)
2020-onwards 120 40 80 20 CUs earned in each of the 3
36
immediately preceding years (2017-2018)
Fundamental Principles
37
Conceptual Framework Approach
39
SECTIONS
100-Conceptual Framework Approach, 200-Public Practice
290-Independence Audit & Review, 291 Independence Other
Assurance and 300-CPAs in Business
40
Threats and Safeguards
42
Threats and Safeguards
43
Threats and Safeguards
Safeguards created by the profession, legislation or
regulation include, but are not restricted to:
• Educational, training and experience requirements for
entry into the profession.
• Continuing professional development requirements.
• Corporate governance regulations. (SEC Circulars 2 and 6
series of 2002/2009; BSP circular 283 series of 2001 and IC
Circular Letter 31-2005)
• Professional standards.
• Professional or regulatory monitoring and disciplinary
procedures.
• External review by a legally empowered third party of the
reports produced by a professional accountant.
44
Threats and Safeguards
Safeguards in the work environment (Firm-wide)
may include:
• stresses the importance of compliance with the
fundamental principles.
• monitor quality control of engagements.
• Documented policies regarding the identification
of threats to compliance with the fundamental
principles, and the application of safeguards.
• Documented internal policies and procedures
requiring compliance with the fundamental
principles.
45
Threats and Safeguards
Firm-wide safeguards…
• Involving an additional CPA to review the work
done or otherwise advice as necessary.
• Consulting an independent third party, such as a
professional regulatory body or another CPA.
• Discussing ethical issues with those charged with
governance of the client. Modified by the 2012
and 2014 Revisions, as follows:
46
IESBA Code 2012 Revision (Highlights/Updates)
• Amendments:
- “or a subgroup thereof” were added to the term “those charged with
governance…”:
6
2014 Changes of substance from 2013 Edition:
8
100.9 - evaluating the significance of threat,
taking into account qualitative and
qualitative factors;
100.12 (b) - self review threat;
120.2 - fundamental principle of Objectivity;
130.1 (b) - to act diligently in accordance with
applicable technical and professional
standards; and
130.6 - shall make aware the clients, employers
or other users of the limitations inherent in
the services or activities.
9
Threats and Safeguards
Firm-wide safeguards…
• Disclosing to those charged with governance of the client the nature of
service provided and extent of fees charged.
• Involving another firm to perform or re-perform part of the
engagement.
• Rotating senior assurance team personnel.
• The use of separate engagement teams; and
• Procedures to prevent access to information (e.g., strict physical
separation of such teams, confidential and secure data filing); and
• Clear guidelines for members of the engagement team on issues of
security and confidentiality; and
• The use of confidentiality agreements signed by employees and
partners of the firm; and
• Regular review of the application of safeguards by a senior individual
not involved with relevant client engagements.
50
Threats and Safeguards
52
Threats and Safeguards
If, after exhausting all relevant possibilities,
the ethical conflict remains unresolved, the
professional accountant may determine that,
in the circumstances, it is appropriate to
withdraw from the engagement team* or
specific assignment, or to resign altogether
from the engagement, the firm or the
employing {business} organization.
53
PART B
PROFESSIONAL ACCOUNTANTS IN PUBLIC PRACTICE
200 Introduction
210 Professional Appointment
220 Conflicts of Interest
230 Second Opinions
240 Fees and Other Types of Remuneration (fair reflection of
the value of the work performed or to be performed)
250 Marketing Professional Services – Rule on Advertising
260 Gifts and Hospitality
270 Custody of Client Assets
280 Objectivity–All Services
290 Independence– Assurance Engagements
291 (New) Independence – Other Assurance Engagements (2010
Revision) 54
Section 200 - Introduction
55
IESBA Code 2013 Revision (Highlights/Updates)
7
SECTION 210 - Client Acceptance
57
Engagement Acceptance
58
SECTION 230 - Second Opinions
59
SECTION 240 - Fees and Other Types
of Remuneration
60
Fees and Other Types of Remuneration
61
Fees and Other Types of
Remuneration
Established safeguards to eliminate the threats
or reduce them to an acceptable level. Such
safeguards may include:
• Disclosing to the client any arrangements to
pay a referral fee to another professional
accountant for the work referred.
• Disclosing to the client any arrangements to
receive a referral fee for referring the client to
another professional accountant in public
practice.
• Obtaining advance agreement from the client
for commission arrangements in connection
with the sale by a third party of goods or
services to the client. 62
SECTION 250 - Marketing Professional
Services
The professional accountant in public practice should be honest and
truthful and should not:
• Make exaggerated claims; or
• Make disparaging references to unsubstantiated comparisons to
the work of another.
In case of doubt as to the propriety of a proposed form of
advertising, the professional accountant in public practice should
consult with the relevant professional body.
* Requirement/Prohibitions.
Note:
No code, no matter how severely enforced will make truly bad
people good.*
When everyone clearly knows the ethical standards of an
organization they are more likely to recognize wrongdoing; and do
something about it*.
Second, miscreants are often hesitant to commit an unethical act if
they believe that everyone else around them knows it is wrong.
Stuart C. Gilman, Ph.D. – Poverty Reduction and Economic Management, World Bank
63
Section 250 - Rules on Advertising
Reasons for not allowing advertisement in the past
include:
1. advertising can lead to undue competition
between practitioners, …;
2. advertising would encourage a more
commercial approach within the profession …;
3. the cost of advertising would outweigh any
savings which might result from competition,
With the adoption of the new Federation’s
Code of Ethics for Accountants, advertising
in any media, provided it is truthful, is now
allowed:
1. to better educate the public;
2. Truth in advertising must be
verifiable
These rules on advertising
apply to all advertising and
marketing materials in the
media, telephone directory,
roadside, etc., including
Internet and other cyberspace
media.
• IESBA issued the code clarifying the requirements for all professional accountants and
significantly strengthening the independence of all auditors
• Partner rotation of PIEs (290.151) – individual shall not be a key audit partner for more
than seven years
5
SECTION 290 Independence— Assurance
Engagements
Independence of Mind
allowing an individual to act with integrity, and exercise
objectively and professional skepticism. (Fundamental
Principles)
Independence in Appearance
avoidance of facts and circumstances that are so significant
that a reasonable and informed third party would
reasonably conclude a firm’s, or a member of the assurance
team’s integrity, objectivity or professional skepticism had
been compromised.
75
SECTION 290
INDEPENDENCE―AUDIT AND REVIEW ENGAGEMENTS
PIE Non- AS NS
PIE
Entities Safeguards
(Modified)Contents
PIE Non- AS NS
PIE
PIE Non- AS NS
PIE
PIE Non- AS NS
PIE
290.139 Familiarity or intimidation threats are created when a key audit partner ■ ■
joins the audit client that is a public interest entity as:
(a) A director or officer of the entity; or
(b) An employee in a position to exert significant influence
Independence would be deemed to be compromised if issued audited financial
statements covers a period of less than twelve (12) months
PIE Non- AS NS
PIE
PIE Non-PIE AS NS
290.151 An individual shall not be a key audit partner for more than seven (7) years.
After such time, the individual shall not be a member of the engagement team
or be a key audit partner for the client for two years.
290.155 When a firm has only a few people with the necessary knowledge ■ ■
and experience to serve as a key audit partner on the audit of a public interest
entity, rotation of key audit partners may not be an available safeguard. Secure
an exemption from partner rotation from the regulators (Board of
Accountancy or BOA)
PIE Non- AS NS
PIE
Management Responsibilities
10
3) "Routine or Mechanical“ services
relating to the preparation of
accounting records and financial
statements for audit clients that are not
public interest entities had been
enhanced and clarified;
11
SECTION 290
INDEPENDENCE―AUDIT AND REVIEW ENGAGEMENTS
PIE Non- AS NS
PIE
Valuation Services
290.180 A firm shall not provide valuation services to an audit client that is a ■ ■
public interest entity if the valuations would have a material effect,
separately or in the aggregate, on the financial statements on which
the firm will express an opinion.
PIE Non- AS NS
PIE
• 290.222 – 15% of the fees for the two (2) consecutive years ■ ■
… the firm shall disclose to those charged with governance
Legend: AS – Allows Safeguards; NS – No Safeguard; PIE-Public Interest Entities
86
SECTION 291
INDEPENDENCE―OTHER ASSURANCE ENGAGEMENTS
Contents
Assurance Engagements
291.12 Assurance Framework, in an assurance engagement the professional
accountant in public practice expresses a conclusion designed to enhance
the degree of confidence of the intended users (other than the
responsible party) about the outcome of the evaluation or measurement
of a subject matter against criteria.
CPA-prepares the report on the accuracy of VAT claimed for refund
CTA-Intended user as admissible evidence; responsible party - the taxpayer-
petitioner
Taxpayer-Petitioner – responsible party
87
SECTION 291
INDEPENDENCE―OTHER ASSURANCE ENGAGEMENTS
Contents
Assurance Engagements
291.13 “Subject matter information” is used to mean the outcome of the evaluation or
measurement of a subject matter, an assertion about the effectiveness of internal
control (subject matter information) results from applying a framework for
evaluating the effectiveness of internal control, such as COSO1 or CoCo2 , to
internal control, a process.
88
SECTION 291
INDEPENDENCE―OTHER ASSURANCE ENGAGEMENTS
Contents
89
PART C
PROFESSIONAL ACCOUNTANTS IN BUSINESS
300 Introduction
310 Potential Conflicts
320 Preparation and Reporting of Information
330 Acting with Sufficient Expertise
340 Financial Interests
350 Inducements
90
SECTION 300 - Introduction (Paradigm Shift)
A professional accountant in business may be a salaried
employee, a partner, director (whether executive or non-
executive), an owner manager, a volunteer or another
working for one or more employing {business}
organizations.
A professional accountant in business has a responsibility to
further the legitimate aims of their employing {business}
organization.
A professional accountant in business is expected to
encourage an ethics-based culture in an employing
{business} organization that emphasizes the importance
that senior management places on ethical behavior.
91
SECTION 310 - Potential Conflict
92
SECTION 320 - Preparation and Reporting of Information
93
SECTION 350 - Inducement: Receiving Offers
Offers of inducements: gifts, hospitality, preferential
treatment and inappropriate appeals to friendship or
loyalty, may create threats to compliance with the
fundamental principles.
A professional accountant in business should assess the risk
associated with all such offers and consider whether the
following actions should be taken:
(a) Where such offers have been made, immediately inform
higher levels of management or those charged with
governance of the employing organization;
(b) consider seeking legal advice before taking such a step;
and
94
SECTION 350 - Inducement: Making
Offers
95
The Purpose of Codes
Codes of ethics are written to guide behavior.
Codes are not designed for “bad” people, but for the persons
who want to act ethically.
The bad person will seldom follow a code, while most people
– welcome ethical guidance in difficult or unclear
situations.
The average person is not grossly immoral but often tempted,
and sometimes confused, by what appears to be a virtuous
path.
Judith Lichtenberg, “What Codes of Ethics Are For?” in Margaret Coady and Sidney Bloch (eds.), Codes of Ethics
and the Professions, Melbourne: Melbourne University Press, 1996, p. 17.
96
PROFESSIONAL ACCOUNTANTS
IN PUBLIC PRACTICE
Reference Cases
97
PROFESSIONAL ACCOUNTANTS
IN PUBLIC PRACTICE
Reference Cases
G.R. No. 175705, July 5, 2010
HAZEL MA. C. ANTOLIN vs. ANTONIETA FORTUNA-IBE
G.R. No. 165036, July 5, 2010
HAZEL MA. C. ANTOLIN vs. ABELARDO T. DOMONDON, JOSE A.
GANGAN, and VIOLETA J. JOSEF
- petitioner compel access to the CPA Board Exams Documents through mandamus
- Access to official records, and to documents, and papers pertaining to transactions, or
decisions, as well to government research data used as basis for policy development, shall be
afforded the citizen.
- “Public concern” like “public interest” is a term that eludes exact definition. Both terms
embrace a broad spectrum of subjects which the public may want to know, either because
these directly affect their lives, or simply because such matters naturally arouse the interest
of an ordinary citizen.
- National board examinations such as the CPA Board Examination are matters of public
concern
- the art and science of Accounting. Remand these case to the RTC for further proceedings
98
PROFESSIONAL ACCOUNTANTS
IN BUSINESS
Reference Cases
99
PROFESSIONAL ACCOUNTANTS
IN BUSINESS
Reference Cases (Conflict of Interest)
101
TheEnd
Atty. Eranio “Rene” L. Punsalan, CPA
Philippine Institute of Certified Public Accountants
(PICPA)
39
PROFESSIONAL REGULATORY BOARD OF
ACCOUNTANCY
RESULOTION 254
Series of 2017
103
Section 5. List of Requirements for accreditation of CPD Program –
5.1 Specific course Objectives stating competencies to be
gained from the program;
5.2 Evaluation tool specific to course objective set;
5.3 Program of Activities showing time/duration of
topics/workshop;
5.4 Resume of Speakers for program applied for, showing
expertise in the topics; show certificates or citations
(if any)
5.5 Current Prof. ID of speaker if registered professional, if
foreigner, current, Special Temporary Permit, if
applicable; and
5.6 Breakdown of expenses for the conduct of the program
104
6.1 EVALUATION FORMS
a. Resource Person
b. Conduct of Seminar
c. Over all Management
Rating scale shall be as follows:
1_ Needs Improvement, 2_ Fair, 3_ Satisfactory, 4_ Very Satisfactory, 5_ Excellent
105
Section 9. Maximum Creditable Units for Self-Directed
and/or lifelong learning . – The maximum creditable units
for self-directed and/or lifelong learning is forty eight (48)
credit units or forty percent (40%) of 120 CPD units within
a compliance period of three (3) years, which the
implementation thereof shall be gradual in the following
period:
Maximum Credit Units for
Minimum CPD Units in a 3- Self-Directed and/or Lifelong
year Learning
January – June 2017 60 24
July – December 2017 80 32
January – December 2018 100 40
January 2019 - onwards 120 48
106
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
A. TECHNICAL COMPETENCE 1. Standards Applicable to
Professional Practice which
includes but not limited to
the following:
107
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
A. TECHNICAL COMPETENCE b. IFAC Pronouncement issued
through IFAC member bodies
2. Laws, Rules and Regulations
affecting Professional Practice
which includes but not limited to:
a. Issuance of
government/regulating
bodies, such as, but not
limited to:
Professional Regulation
Commission and Board of
Accountancy (which covers
provisions of the Philippine
Accountancy Act & IRR, new
resolutions and regulations
issued by PRC & BOA and
other issuances pertaining to
registration licensing &
professional regulatory
regimes)
108
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
A. TECHNICAL COMPETENCE Securities and Exchange
Commissions, Sentral ng
Pilipinas, Insurance
Commissions, Bureau of
Internal Revenue,
Cooperative Development
Authority.
Commission on Higher
Education and Department
of Education; and
Commission on Audit,
Department of Budget and
Management Civil Service
Commission, for CPAs in
government sector.
109
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
A. TECHNICAL COMPETENCE a. Other laws and regulations
that govern different forms
of legal entities.
1. Environment of the Practice
which includes Frameworks,
models, best practices,
benchmarks, information
technology advances, tools &
techniques espoused by
professional and other
organizations that affect the
operations & management of
clients & business entities of
the professional.
110
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
B. PROFESIONAL SKILLS 1. Professional Development
activities that enhance the
CPA’s intellectual,
interpersonal,
communication, personal
and organizational skills,
which includes but not
limited to;
a. Oral & written
communications;
b. Presentation, negotiation &
facilitation skills;
c. Teamwork Enhancement;
d. Personality & social graces;
e. Decision making, leadership,
management & supervision;
111
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
B. PROFESIONAL SKILLS f. Conflict resolution, cultural
immersion programs,
language learning
programs,
time and resources
management, work or
process innovations and
problem solving skills;
112
MAJOR AREA COVERAGE OF THE AREA CREDITS UNITS REQUIRED
C. PROFESSIONAL VALUES, a. Code of Ethics for
ETHICS AND ATTITUDES Professional Accountants;
b. Quality standards based on
issuances of bodies affecting
the professional practice;
d. Social responsibility,
principles and interventions.
113
Section 11. Accreditation of CPD Speakers. – There shall be a process to accredit speakers
in order to uplift and maintain the quality of the content, relevance and
delivery of CPD by all accredited providers.
As a transition, speakers in accredited CPD providers that have been approved by the
CPD Council prior to the effectively of these guidelines (but will be run thereafter) shall
be deemed as accredited speakers in respect of the said programs.
114
115