Category: FATF

PANAMA UPDATE: New Regime on Bearer Shares Effective in 2015

Executive Summary: The Panamanian government has engaged in an extensive period of consultations with local and foreign experts, practitioners, professionals and regulators, in a concerted effort to ensure that the jurisdiction continues to embody the highest international standards in terms of functionality and transparency (while preserving confidentiality). To that effect,… – Continue reading

Russia’s Offshore Money Looks Set to Stay There

Russia is set to enact an amnesty on offshore assets next month, but disagreement and lack of clarity over the terms of the pardon threaten not only to render the measure impotent, but undermine the government’s very drive to lure overseas money back home. The capital amnesty, part of a… – Continue reading

Setting standards

Shayne Nelson, Chief Executive Officer of Emirates NBD, muses how corporate governance, risk and compliance have changed beyond recognition since he first came to the region. Shayne Nelson has seen a lot of change in his extensive banking career, which has spanned several continents. With roles including Chairman of Standard… – Continue reading

The Growing Role for IFCs in a World of Increasing Transparency

The debate around transparency, information exchange and beneficial ownership continues to evolve and has demanded a real focus for those working in International Finance Centres (IFCs), which frequently find themselves in the frame when it comes to ill-considered accusations relating to secrecy and illicit financial flows. In fact, Jersey and… – Continue reading

Panama, reputed to be region’s top money laundering hub, toughens up legislation

PANAMA CITY (AP) — – Panama took a major step in an effort to clean up its reputation as Latin America’s premier hub for money laundering. The nation’s legislature late Wednesday unanimously approved a proposed law that will toughen supervision of more than a dozen non-financial sectors where illicit proceeds… – Continue reading

CONFERENCE PREVIEW: Succession, Cross-Border Tax And Trusts Under Spotlight In Geneva

Moves to create a supposed level playing field for succession issues in Europe, along with more established themes around automatic exchange of information and US extra-territorial tax powers make their appearance in a major Geneva-based conference later in April. Figures from the world of wealth management will gather at the… – Continue reading

Australia property sector needs money laundering safeguards: report

(Reuters) – Australia needs to tighten safeguards against money laundering in its booming property market, which has attracted Chinese funds with likely links to corruption, an international anti-money laundering body said in a report released late on Tuesday. The intergovernmental Financial Action Task Force said real estate agents and lawyers… – Continue reading

We are not a rock-island offshore financial centre, says Mauritius

In response to Pranay Gupte’s story on a story published by Firstpost, the Secretary to the Mauritius cabinet, S Seebaluck, has rebutted some of the points made in the story titled: “Mauritius cracks whip on Muslims, not a’ role model of democracy’ as PM Modi said after all.” The following… – Continue reading

We are not policemen

The reporting obligations imposed on lawyers are inconsistent and confused. Tax avoidance has become a central issue in the election campaign. So what is usually a topic for a small, specialist group of lawyers has become an item of general interest. And, yes, there is a strong link to lawyers’… – Continue reading

Central Register of Beneficial Ownership to be Introduced in the UK

On 26 March 2015, the United Kingdom Parliament passed into law the Small Business, Enterprise and Employment Act 2015 (the “Act”). The Act will bring about a number of fundamental changes to UK company law including, amongst others, the abolition of bearer shares and corporations acting as directors and, perhaps… – Continue reading

Dart boss shares UK platform with premier

(CNS Business): Cayman’s leader, Premier Alden McLaughlin, was joined by the COO of Dart Enterprises at the House of Lords this week in promoting Cayman when he delivered a key-note address at the Caribbean Council reception. As McLaughlin sold the crowd on the benefits of investing in Cayman and the… – Continue reading

FATCA reporting: who and what

Introduction Every non-US entity has FATCA status Passive NFFEs report substantial US owners Trustee of trust or its sponsoring entity will report US persons Other reporting FFIs in structure will carry out FATCA due diligence Reporting when US account holders are identified Enforcement Comment Introduction The policy statement in the… – Continue reading

Guernsey: Will Guernsey Crack The Enigma Code?

Michael Betley, group chairman of Trust Corporation International looks at how Guernsey has coped in an increasingly transparent and regulated world and how it can adapt to further change in the future. Is Guernsey positioned to navigate its way successfully through the maze of initiatives designed to penetrate the legal… – Continue reading

Does the tax authority really go too far with your bank account?

Tax Regulation Number PER-01/PJ/2015, which is supposed to be effective starting this year, has triggered controversy within the banking industry. This is mainly due to the new obligation for banks to disclose details on every customer’s tax payments on deposits or savings interest. The Finance Minister needed to postpone indefinitely… – Continue reading

British Virgin Islands: Sea Change

The ongoing global initiatives around exchange of tax information and publication of beneficial ownership information, while ostensibly in pursuit of transparency, have their origins in the need for the larger, richer countries to increase tax revenues, and the perception that taxpayers are hiding assets abroad and out of the tax… – Continue reading

Switzerland moves towards greater tax transparency

Switzerland is moving towards “greater transparency” in providing administrative assistance on tax matters, a global body today said amid India making efforts to bring back illicit funds stashed by its citizens in Swiss banks. Long perceived as a safe haven for unaccounted wealth, Switzerland has been facing international pressure to… – Continue reading

BELIZE HITS NEW MILESTONE IN AML/CFT COMPLIANCE

The Caribbean Financial Action Task Force (CFATF) recognizes the tremendous strides Belize has made in strengthening its regime for anti-money laundering and combating the financing of terrorism (AML/CFT) and concluded that Belize no longer poses a risk to the international financial system. At the recently concluded CFATF Plenary, member countries… – Continue reading

FATCA: The End of ‘Shadow Boxing’ in the Offshore Trust Industry

Not long after the U.S. Department of Justice’s Tax Division (“DOJ”) made international headlines in 2009 for its bombshell announcement that it had entered into a deferred prosecution agreement with the United Bank of Switzerland (UBS), lawmakers in Washington, D.C. began reviewing the testimony of hundreds of UBS’s U.S. clients… – Continue reading

Premier blasts British Opposition leader on ‘tax haven’ statements

PREMIER Rufus Ewing has called out United Kingdom Opposition Leader, Edward Miliband for published statements he recently made regarding the TCI being a tax haven. Miliband is reported in the UK press as stating that the UK overseas territories (OT) are not complying with UK directives on beneficial ownership of… – Continue reading

Bermuda a Leader in Regulation, Financial Transparency: BDA

Island’s History of Robust Regulation, Rule of Law, Global Tax Treaties and Lack of Bank Secrecy Laws Ought to be Recognised by UK Labour Party HAMILTON, Bermuda, Feb. 10, 2015 (GLOBE NEWSWIRE) — Bermuda’s well-documented financial services regulation, international partnership treaties, and lack of bank secrecy legislation ought to be… – Continue reading

BDA boss Webber responds to Miliband threat

Bermuda’s well-documented financial services regulation, international partnership treaties, and lack of bank secrecy legislation ought to be recognised by the UK Labour Party, the Bermuda Business Development Agency (BDA) said today. The BDA echoed the Bermuda Government’s weekend response to UK Opposition Leader Ed Miliband following a warning letter issued… – Continue reading

Year in Review: Legislation and Guidance for Financial Institutions in 2014

2014 was a year replete with new legislative and regulatory initiatives impacting federally regulated financial institutions. The key initiatives introduced or implemented in 2014 are outlined in our annual year in review. PRUDENTIAL REGULATION: GUIDANCE FROM OSFI Proposed New Bail-in Regime for Large Banks On August 1, 2014, the Government… – Continue reading

Cayman Islands: Caribbean IFCs: Well Regulated Parts Of The International Furniture

Observers of offshore financial centres will know that post 2008 they have been weathering a perfect storm. Firstly, reduced transactional flows, simply because there is less money available for structured finance and investment generally. Secondly, a constant barrage of negative publicity, which deliberately seeks to conflate tax evasion and tax… – Continue reading

Finance Ministry proposes amendments to Anti-Money Laundering Act 2010

ISLAMABAD: The Finance Ministry has proposed amendments to the Anti-Money Laundering (AML) Act 2010, in order to further improve it in lines with suggestions of the stakeholders regarding the anti-money laundering efforts and the Combating the Financing of Terrorism (CFT) regime. A well-placed source at the Finance Ministry told Customs… – Continue reading

Public consultation rejects beneficial ownership registry

The Cayman Islands government announced it will not implement a central register of beneficial ownership information, but will continue its current method of providing this type of information to law enforcement, tax and regulatory authorities. At the same time, government proposes to enact new legislation that will improve access to… – Continue reading

Cayman Islands: Government Issues Beneficial Ownership Report

The Cayman Islands Government today issued a report stating that it will continue its current method of providing beneficial ownership information to law enforcement, tax and regulatory authorities, as the method adheres to global standards. As explained in its Consultation Report on Maintenance of Legal and Beneficial Ownership Information, Government’s… – Continue reading

New Study: Crime, Corruption, Tax Evasion Drained a Record US$991.2bn in Illicit Financial Flows from Developing Economies in 2012

Illicit Flows from Developing & Emerging Countries Growing at 9.4% per Year US$6.6 Trillion Stolen from Developing World from 2003-2012; Trade Misinvoicing Responsible for 77.8% of Illicit Outflows China, Russia, Mexico, India, Malaysia—in Declining Order—Are Biggest Exporters of Illicit Capital over Decade; Sub-Saharan Africa Still Suffers Biggest Illicit Outflows as… – Continue reading

Switzerland Passes Anti-Tax Evasion Bill

The Swiss Council of States has adopted a bill forwarded on from the Federal Council with modifications, implementing the revised Financial Action Task Force (FATF) Recommendations. Lawmakers increased the tax threshold for a case of tax evasion to be deemed to be a serious tax offence, from CHF200,000 (USD229,164) to… – Continue reading

CFATF Public Statement

On 20 November, 2013 the Caribbean Financial Action Task Force (CFATF) issued a public statement identifying jurisdictions in the Caribbean Basin region with strategic anti-money laundering and combating the financing of terrorism (AML/CFT) deficiencies that have not made sufficient progress in addressing such deficiencies. Those jurisdictions are identified as Belize… – Continue reading