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HSBC is in the net

02-Dec-08

The New York Times has reported that US Federal investigators looking at tax abuse by UBS have extended the scope of their investigation to Credit Suisse, and UK based bank HSBC. It has said:

HSBC, which is based in London and is Europe’s largest bank, is a global financial giant with large retail, private, asset management and investment banking operations across the United States and Asia. Credit Suisse, which is based in Zurich, is also one of the world’s largest private banks, with significant operations in the United States.

The investigation into HSBC and Credit Suisse began about September and is focusing on whether the two banks helped wealthy American clients hide up to $30 billion in offshore accounts that went undeclared to the Internal Revenue Service, the people briefed on the matter said.

It’s a while since I described HSBC Chairman, Rev Stephen Green, as the UK’s biggest provider of corruption services, but it’s good to see some others picking up the trail.


No one has risen to the challenge

02-Dec-08

I have had very large numbers of comments from secrecy jurisdictions, and the Isle of Man in particular, over the last few weeks.

So on Friday I wrote a challenge, saying:


But to me there is just one question that really needs answering by these places, and it is this. If they are so adamant that they are committed to fully transparent and accountable financial services why do they steadfastly and persistently refuse to fully exchange information under the terms of the EU Savings Tax Directive, an option that is completely and openly available to them, but which they refuse to embrace?

There is only one possible explanation for their action, and that is the desire of Jersey, Guernsey and the Isle of Man to protect tax evaders using accounts in their domains from discovery by their domestic tax authorities. No other explanation is possible.

Now we know that the EU wishes to extend the Savings Tax Directive to all companies and all trusts, a matter on which I will write more next week after I have made a presentation to the EU Parliament on the issue. This measure is particularly targeted on offshore jurisdictions including Jersey, Guernsey and the Isle of Man.

These three jurisdictions (and others like them) have a choice if we are to believe that they are as transparent, accountable and clean as they claim. They can fully embrace the existing EU STD by committing themselves to full and open tax information exchange and we will call that a step in the right direction. They can then welcome the new STD with open arms, with its extended commitments to full information exchange and say that it will help them eliminate all tax evasion, and we will praise them.

But if they do neither we will know exactly where they stand. You can either be on the side of tax evaders on this issue, or on the side of upholding the rule of law in your neighbouring countries. There is no ambiguity. It is one or the other. Right now Jersey Guernsey and the Isle of Man are firmly positioned on the side of the evaders.

They have a choice. They can change their minds. But will they, and very soon? That is the question to which we need an answer. That is the question that this Commission must pursue. Without a positive answer no undertaking given by any of these jurisdictions has any meaning. I can be as blunt as that.

No one, not one person, has chosen to comment.

Why is that?

Is this the question they dare not answer because it shows what they are really about?

My del.icio.us bookmarks for December 1st

02-Dec-08

These are my links for December 1st:

Cayman gets the argument wrong

01-Dec-08

The Cayman News Service carried an article by Tim Ridley, chair of the Cayman Islands Monetary Authority in response to that by Angel Gurria in the Guardian last week. He said:

The Secretary-General of the OECD (a Paris based organisation whose staff enjoy privileged tax free remuneration packages, yet roundly criticises genuine tax free jurisdictions), Angel Gurria, lobbed another ball onto the court on Friday 28th November. Towards the end of his speech in Doha, he stated “We must all work to strengthen anti-corruption efforts to minimize tax evasion. We can no longer turn a blind eye to the massive loss of revenue through the diversion of public and private funds to third countries.”

So now corruption and tax evasion (by no means the same thing) are neatly tied together and will become the new mantra. Just in case people were getting bored with the mantra of money laundering and tax evasion.

Tim (who I have met) is absolutely wrong on this issue. Tax evasion is by definition illegal. It is, therefore, a corrupt practice. To argue otherwise is to endorse corruption.

Why did he do that?

PS: I know that Cayman does not have a law that makes tax evasion illegal, but then it does not have the taxes that people evade using its services and as such it has to accept the definition in use in the places where they are resident. In almost every location bar Cayman, Switzerland and a few other tax havens tax evasion is illegal. If this is Tim Ridley’s defence it is sophistry and as a Cambridge educated man he should and would know that to be the case.

Tacky, or what?

01-Dec-08

This is genuinely being used by the Isle of Man:


Source and residence: the UN and the OECD

01-Dec-08

TJN has published an important blog on its web site explaining why the UN has to be part of the solution for international tax.

I can’t better it, so can I redirect you there to read it? Thanks.

Turn the Wahington Consensus on its head

01-Dec-08

Larry Elliott has said in the Guardian this morning:

the lessons of the financial crisis are instructive. Almost every piece of advice rammed down the throats of poor countries by the Washington consensus - privatise, liberalise, de-regulate - is now being turned on its head in the west.

He’s right.

But as he also notes: the IMF are still applying the Washington consensus prescription in the developing world.

This has to stop.

Now.

It has failed.

Harbours of resentment

01-Dec-08

Vanessa Houlder has an excellent article in the FT this morning, which I think genuinely seeks to be objective on the offshore issue, and is published under the above, rather good, title.

She offers an immediate explanation for the flurry of activity from the Isle of Man on this site of late:

In the Victorian seaside town of Douglas, a new mood of uncertainty has punctured the customary ebullience of the Isle of Man’s senior legal and financial officials as they fret about the loyalty of their most powerful neighbour. “If jettisoned by the UK, we will have to fight tooth and nail for our survival,” says William Corlett, the island’s attorney general.

Too true. But she then notes this is an issue beyond their control:

In Washington last month, finance ministers from the Group of 20 leading industrial and developing nations concluded that tax secrecy “should be vigorously addressed”. This weekend, it was the turn of the developing countries. At a United Nations meeting on development in Doha, tax havens came under fire for fuelling capital flight.

She then asks:

Will it be different this time? If it is, what future is there for the small island and mountain countries that turned the dusty notions of privacy and opaque corporate architecture into lucrative national industries?

And quotes Jeffrey Owens in response:

“The political climate on the issue of tax havens has changed dramatically over the past three months,” says Jeffrey Owens of the Paris-based Organisation for Economic Co-operation and Development. As the official who has driven the international crackdown on secrecy for more than a decade, he says the new climate could turn the reform promises extracted from many offshore centres into a reality. The financial crisis has intensified the attack on havens. The near-collapse of the west’s banking industry has drastically increased governments’ need to raise funds, brutally exposed the risks inherent in small countries with large financial sectors, and raised questions about the role of offshore centres in destabilising the system.

Before adding that:

The arrival of Barack Obama in the White House provokes even more anxiety for the havens. As well as launching last year’s Stop Tax Haven Abuse Act, the president-elect helped this year to launch the Incorporation Transparency and Law Enforcement Assistance Act. This aims to make it easier for investigators to “see through” opaque corporate ownership structures and stop the flow of offshore funds to the US from hedge funds and private equity that are “of unknown origin” but do not have to pass money-laundering checks.

And as she say:

the prospect of a renewed crackdown on secrecy is jangling nerves ….[although]…in October.. Angel GurrĂ­a, OECD secretary-general … called for “clear political recognition” of the half-dozen jurisdictions, such as the Isle of Man, that had taken “high political risk” in their move to greater transparency.

But even the most co-operative havens are only partially transparent. Information about private companies or trusts is not on public record. At best they will surrender information only to foreign tax inspectors who already have a “smoking gun” demonstrating evidence of wrongdoing. In practice, information exchange is rare.

I can agree with that. I hope my critics in the IoM will as well.

And as Vanessa notes:

Yet moving too far, too fast, might put the more co-operative tax havens at a competitive disadvantage. Wealthy individuals can be highly sensitive about financial privacy. Advisers at leading banks report that clients are already moving their money to Singapore and Switzerland - widely perceived as the last hold-outs against the international drive for transparency.

The danger of focusing solely on small players while ignoring similar shortcomings in some industrialised countries was one lesson of an OECD crackdown on secrecy launched in 1996. Tax havens have exploited this evident hypocrisy to stall reforms pending the introduction of a “level playing field”. The success of the latest crackdown is likely to depend on the attitude of relatively powerful countries such as Switzerland and Singapore.

But:

[T]he tax havens still fear a bleak future if the international firms of accountants, lawyers and bankers pull out. “They are birds of passage. If they up sticks and go somewhere else, unemployment would be dramatic,” says one official.

The tiny states and protectorates that thrived in the free-wheeling second half of the 20th century are left struggling to shore up their defences against the coming storm. But as big countries try to block the leakage of much-needed tax revenues and stanch the flow of dirty money, sympathy for the tax havens is in short supply.

I know that’s right.

And finally, it’s good to note Vanessa reads this blog. She says:

Last month, Tax Justice Network, one of several campaign groups that have vigorously lobbied against havens, proclaimed the Indian Ocean island of Anjouan to be the “new kid on the block”.

That was here. It’s good to play a part in the process of change.

NB: With apologies to the FT for extensive quotation, it is a tribute to a good article at a seminal moment that is getting insufficient coverage.


The Vatican on Offshore

01-Dec-08

The Vatican has issued a statement as a response to the Doha summit on financing for development this weekend - a summit at which the member states of the UN were meant to re-commit their efforts to funding for development.

The document covers a lot of ground. An unofficial translation of the section on Offshore says the follwoing:

To carry out this new international financial pact, the first necessary step is to consider carefully the role, hidden but crucial, of the offshore financial system in the two faces of the global financial problem described above: the emergency of the global crisis and the inadequacy of finances for development.

Offshore markets have been an important link, both in the transmission of the present financial crisis, as well has in maintaining a host of mad economic and financial practices: flight of capital of gigantic proportions, “legal” flows motivated by objectives of tax evasion and also channelled through the of international commercial flows, re-cycling of those stemming from illegal activities. Estimates of the amount of wealth held in offshore centers are difficult to evaluate, but sufficiently impressive if the information in circulation is confirmed: it is said that an ample gamut of groups and individuals hold financial applications in offshore centers that could yield close to US$255,000: more than three times the entire amount of public aid for development on the part of countries of the Organization for Economic Cooperation and Development (OSCE).

Given that public financing for development can only come from fiscal detractions, this becomes a critical minimum in the age of globalization. In fact, the processes of globalization have changed the type of composition of the transaction, not only from direct to indirect (with the probable consequence of a lesser “progressivity” of taxes, namely, of a lesser capacity of weighing more percentage-wise over those that dispose of higher incomes), but above all have entailed a translation of the valuation of the capital to the valuation of the work.

Fiscal detraction is eroded over the most important and mobile business activities in the international field, or that can easily take recourse to the offshore centers. Valued instead primarily are the less “mobile” productive factors, which cannot easily escape from the tax burden, namely, of workers and small businesses.

These points are very complex politically. To address them means to act directly in the sphere of national fiscal sovereignty. The Draft Document speaks of this and, in point 10, proposes reinforcing international cooperation in fiscal matters, above all in view of a drastic redimension of offshore financial practices.

The messages are clear: offshore undermines integrity of the commercial system, costs money needed for development, reduces justice in the tax system, distorts the economy and undermines that which is important in terms of real value.

It is very hard to argue with any of that.

My del.icio.us bookmarks for November 30th

01-Dec-08

These are my links for November 30th: