16 April 2012

HSBC is the first international bank in Mauritius to offer Global Custody Services


HSBC Bank (Mauritius) Limited officially launched yesterday its Global Custody proposition, a first in Mauritius. Over a hundred key players from the Global Business sector in Mauritius, including directors of Management Companies, attended the launch at Hennessy Park Hotel.

At the launch, Ms Siew Meng Tan, the country head of HSBC in Mauritius; Mr Yandranuth Googoolye, First Deputy Governor of the Bank of Mauritius; Ms Clairette Ah Hen, Chief Executive of the Financial Services Commission and Mr James Boucher, Managing Director of HSBC (Mauritius) Limited, addressed the audience.

HSBC Securities Services - including Global Custody Services - serves more than 2,700 corporate and institutional clients worldwide, with US$5.4 trillion of assets under custody. HSBC was awarded best Global Custodian globally in Global Custodian Survey 2011 and has been top rated in 8 out of 10 categories.

HSBC has introduced this product in Mauritius to meet a growing demand from its clients and local financial intermediaries. HSBC Global Custody Services will give investors access to over 90 countries around the globe, including 22 core African markets.

Siew Meng Tan, in her opening remarks said that HSBC’s main strengths are its ‘global reach’, ‘financial strength and ‘scale’. The extensive global network of HSBC enables the Bank to serve its clients across multi-jurisdictions best suited to their operations. HSBC has proved time and again to be prepared for the new challenges and to lead the market.

According to James Boucher, Managing Director of HSBC Bank (Mauritius) Limited, global investors look for a highly professional custody service with a strong focus on accuracy and transparency of asset reporting. A strong global custody service provider, like HSBC, can help them achieve increased processing efficiency and better risk management, within an environment of international standards and competitiveness.

In his speech, the First Deputy Governor congratulated HSBC’s initiative to broaden the range of financial services offered to its customers. He added that the global custody services industry has been dominated by a handful of largest banks worldwide, and HSBC has, in this regard, secured a privileged position among big players..

This outstanding performance clearly demonstrates your commitment to deliver a market leading product and maintain the position,” he stated. Speaking about how the economy of Mauritius will benefit from this service, Mr Googoolye pointed out that the image and reputation of the jurisdiction as a credible International Financial Centre in the global business arena, will be strengthened.

Ms Clairette Ah Hen, Chief Executive of the Financial Services Commission, in her speech highlighted HSBC’s past performance and unblemished track record, while also stressing HSBC’s access to African markets, the large scope of services it provides and quality of its global custody services.

Following the launch, Mr Couldip Basanta Lala, Director of International Financial Services Limited, one of the leading management companies in Mauritius, commented: “It is an excellent initiative from HSBC to bring to Mauritius innovative products such as Global Custody. Such products definitely add value to the recognition of Mauritius as an international financial centre and broaden the rage of international products available to our global clients. This will surely encourage investors to come to Mauritius for their international business requirements.

Mr Gary Gowrea, Managing Director of CIM Tax Services, another key player in the industry, added, “In view of increasing pressure worldwide, it is of paramount importance that we demonstrate that we use Mauritius as a jurisdiction of substance, whereby all the stakeholders are present. If we look at a collective investment scheme structure, over and above the regulatory platform, the argument that we have provided is that Mauritius has already developed the required expertise to do the administration with its pool of young professionals, as well as, a tried and tested banking platform. An additional important link has now been established in the financial arena with HSBC Global Custody services, which provides fund managers a one-stop avenue to complete the Mauritius offerings.

Mr Amit Gupta, Executive Director from ABAX Corporate Services, further added, “To establish itself as a renowned International Financial Center, Mauritius has to provide a complete range of financial products to investors. With the launch of Global Custody Services by an international bank like HSBC, one such important offering is now in place. This will encourage Investors to consider Mauritius as a serious place to do global business, where all their needs could be addressed through a single window.

Mr Gilbert Noel, Partner at Appleby also contributed by stating that “The Global Custodian Services by HSBC in Mauritius demonstrate that a combination of enabling provisions under the laws of Mauritius, high standard regulatory framework, and the presence of a world leading player, can bring Mauritius to the forefront of Global Custodian Services at a regional and international level.

13 April 2012

Mauritius: Internationalising the SEM, Creating substance & Capitalising on Africa’s potential


Stock Exchange of Mauritius (SEM) Chief Executive Presentation: covering initiatives implemented in 2010-2011 to embrace the new strategic orientation and three recent initiatives that can potentially give a new dimension to SEM namely introducing new rules for the listing of Depositary receipts on the SEM, introduction of rules for Mineral/Exploration companies: and providing a new dimension to SEM’s internationalisation strategy.

Seizing the Moment – Thinking Beyond the Crisis

by Christine Lagarde

Managing Director, International Monetary Fund

Washington DC, 12 April 2012

Good morning. I am delighted to be here. I would like to thank the Brookings Institution—and especially my friends Strobe Talbott and Kemal Derviş—for inviting me to speak here.

The Institution provides an ideal forum to discuss our global economic future and look beyond the immediate imperative of dealing with the crisis.

In fact, both the IMF and Brookings were formed by visionaries from a period of global crisis. Robert Brookings, here, and John Maynard Keynes and Harry Dexter White at the Fund, took the opportunity, even in the midst of crisis, to think deeply about how to shape a better tomorrow.

They seized the day.

As Horace famously wrote in Odes: “Carpe diem.”

Strobe and Kemal too have embraced this spirit. Each in his own way has seized the moment—Strobe with his work following the break up of the Soviet Union, and Kemal—as a courageous minister of economy—with bold reforms, which helped put Turkey in a much better position following its crisis.

We saw this same spirit when G20 leaders came together, during this global financial crisis, with a renewed sense of collaboration. First, here in Washington in late 2008, then again in early 2009 in London. In fact, some have called it the “London moment” when, as you may recall, vigorous coordinated action was taken—including strengthening the capacity of the IMF to help the world respond.

I believe we may be at another such moment.

In recent months, important actions have been taken to confront the problems we face. I am thinking primarily of Europe, but of other parts of the world as well. As a result, we have seen someimprovement in the economic climate.

But, let me also underline this point: the risks remain high; the situation fragile.

Yet, we have earned a bit of time to think through and to actively pursue what still needs to be done.

Who knows, perhaps as we look forward to next week’s Spring Meetings of global financial leaders, this can be our “Washington moment”?

What do I mean? We must address three fundamental issues:

  • First, the next steps needed to keep the crisis at bay.
  • Second, the building blocks needed to achieve more lasting growth and stability to put the crisis behind us.
  • Third, how strengthened cooperation—and a strengthened IMF—can help us take advantage of the tectonic shifts taking place in the global economy.

I. Putting the crisis at bay

First, actively pursuing what still has to be done to keep the crisis at bay.

Only a few months ago, we seemed to be staring into the abyss. More recently, some data have indicated that the United States may be beginning to turn the corner. Financial strains in Europe have eased somewhat since December. However, events of the past week remind us that markets remain volatile and that ‘turning the corner’ is never easy. Emerging and developing economies have been, and should continue to be, a relative source of strength.

But, again, we must not let down our guard.

As Nelson Mandela said, “I have discovered the secret that after climbing a great hill, one only finds that there are many more hills to climb.”

Clearly, the risk that looms largest is that sovereign and financial stresses return with renewed force in Europe.

The steps taken by the Europeans in recent months are a timely reminder of the power of policy resolve and action. Yet there are still risks, hills to be climbed.

Europe must keep up and build on these efforts: continued strong policies at country level; continued support from the European Central Bank; continued efforts to build a healthier banking system; and continued steps toward fiscal integration. The much expected decision of Euro Area Ministers to strengthen the European financial firewall has also been crucial.

These actions will help, slowly but surely, to restore confidence and reduce vulnerabilities.

But we also need a broader approach—and a stronger globalfirewall—if we are to push back this crisis.

In today’s global economy, with its dazzling array of instant interconnections, a stronger European firewall can only ever be part of the solution. A stronger global firewall will help complete the “circle of protection” for every country.

Here, the IMF can help. But to be as effective as possible, we need to increase our resources.

The Fund needs to be able to stand behind all its members and meet the needs of all those affected by the crisis—those at the epicenter, and those who are bystanders.

We are, of course, continuously reassessing global risks, taking into account developments in the economic climate as well as all policy actions including by Europe. The needs now may not be quite as large as we had estimated earlier this year.

But, let us make no mistake: the risks and the needs are still sizeable, and it would be imprudent to think otherwise.

In this context, I have been encouraged by the expressions of support by many of our member countries to increase our resources. I am hopeful that, during the upcoming Spring Meetings, we will make progress on this issue.

We should seize the moment.

II. Building blocks for future growth & stability to put the crisis behind us

Which brings me to my second main point—the opportunity we have to build a stronger foundation for growth and stability to put the crisis behind us.

The crisis has shaken the foundation of our economic framework. For too long, the benefits of growth have been shared by too few. Growing inequalities and weak financial sectors left the world prone to instability and crises.

In the nine months I have been Managing Director, I’ve travelled across our membership. I have seen the costs of that instability. I have seen the face of unemployment—the hardship, the loss of dignity, the economic loss. It is the same in all countries: advanced, emerging, and low-income.

We saw the painful collusion of social exclusion and high unemployment—especially among young people—in the countries transitioning from the Arab Spring. A generation is at grave risk of being lost in transition.

It is imperative that the reforms underway across their region succeed. It is imperative that all the people of the Middle East have the opportunity for a fairer and more prosperous future. And it is imperative that we help them achieve it.

In particular, appropriate financial support will be critical to prevent the risk of near-term economic instability jeopardizing the future. The costs of inaction—for the region and the world economy—would be many times higher.

In the Middle East and elsewhere, the global economy must help deliver the right type of growth and the jobs that people need. That is not happening on the scale needed right now.

So, even as we grapple with the crisis, we must take this opportunity to rethink the paradigm and harness a new type of growth.

What does that mean in practice?

Some of the best economic minds in the world are struggling with this issue, including here at Brookings. We, too, are working on it at the IMF.

Let me sketch out some of our thinking.

In the short-run, we obviously need more confidence and more demand. The immediate focus of policies must therefore be to support growth where it is still weak.

Let me be clear: in many countries, especially in the advanced economies, fiscal adjustment is essential. But the pace of adjustment matters. And it must be country-specific.

Yes, some countries have no choice but to adjust now, sharply and quickly. But that is not true across-the-board. Other advanced economies can be more gradual in reducing deficits—they can allow automatic stabilizers to operate, letting tax revenues fall and spending rise if their economies weaken. Others still have the flexibility to reconsider the pace of deficit reduction this year, to limit the harm to growth.

But short-term caution should be no excuse to delay efforts to restore sound public finances. Grounding adjustment in credible medium-term plans—as is needed in the U.S. and Japan, for example—will not only help address fiscal concerns, but also reinforce confidence and growth.

Monetary policy can also support growth where inflation remains in check—as is the case at present in virtually all advanced economies. For emerging economies, a bit more caution is required, especially if rising oil prices and extended credit booms begin to test the bounds of inflation.

Low-income economies also need to strike the right balance. Even as they are being hit by reduced aid flows and reduced remittances, they must guard against current risks—especially those radiating out of Europe. Rebuilding their policy buffers is a priority.

These kinds of policies will help to get growth restarted over the short-term. Over the longer-term, we must work toward growth that is more inclusive and more durable.

Clearly, the rebalancing of the global economy—a shift in demand from external deficit to surplus countries—is key and something that the IMF has been advocating for some time. It is even more important now. We are seeing some promising signs—in China, for example, albeit partially. But we know that more needs to be done.

We also know—based on recent IMF research—that a more equitable distribution of income can help promote economic and financial stability, and more lasting growth.

Brazil, for example, reduced inequality significantly from the early 1990s through a focused and efficient set of transfer programs. If other countries were to reduce inequality by as much as Brazil, our analysis shows that periods of uninterrupted high growth could be 50 percent longer than they might otherwise be.

India and China too have made important in-roads into reducing poverty. Yet, with high growth, they have also seen rising inequality. Those inequalities need more attention.

So we need growth. We need equitable growth. We need inclusive growth.

How? There are many important factors but let me emphasize three.

One, we need financial systems that support—not destabilize—the economy. This means repairing financial systems so they can deliver credit, growth and jobs. This means better regulation and supervision, and coordination across countries, to prevent the recurrence of reckless risk-taking. And, it means getting the financial sector to pay its fair share. We dare not be complacent on financial sector reform. The mission has not been accomplished—the mission is still to be accomplished.

Two, we must improve competitiveness and have better functioning labor markets so that we can generate more jobs. The focus should be on getting people back to work. Recent initiatives in Ireland are a good example—including targeted training as well as incentives for workers to take-up job opportunities, and for employers to take-on people who are unemployed.

Nobody should pretend this is easy. Labor market reform is difficult. In many cases, it involves lowering labor costs. But reform is essential for competitiveness and for creating greater job opportunities in the future—especially for younger workers. It needs to be done, but done according to individual country circumstances, and done with care.

Three, as countries undertake the sometimes wrenching reforms that are needed, the social fabric is in danger of being stretched. So they must protect and reinforce appropriate safety nets. This is an important goal in many of the programs that the IMF is supporting. Take Kenya, for example, where the government targeted support to the most vulnerable, increasing the number of households receiving cash transfers from 200 to 33,000 in just four years.

The IMF is working closely with others—including the International Labour Organization—to expand the frontiers of research and analysis on jobs and inclusive growth.

We must seize the moment.

III. Coalesce around global change

This brings me to my final point—the need for us to coalesce around, and take advantage of, the major shifts taking place in the global economy.

My worry is that the lingering risk of instability may pull policymakers inwards. My belief is that, through a collaborative approach, we have a better chance of success.

We have seen the rise and fall and rise of emerging market economies—indeed, we might well say they have emerged.

We have also seen historic progress in reducing poverty in low-income countries. During the past two decades, emerging and developing economies have driven well over 50 percent of global growth. And, in that same time span, more than 600 million people have been lifted out of poverty.

These groups of countries are increasingly important players in our global economy. They must play an increasingly important part in our global governance structures. Certainly, we have seen how their participation has strengthened the G20. With our global membership of 187 member countries, we also see it every day at the IMF. And our 2010 quota and voice reforms will make their participation even stronger.

I have been relentlessly urging—and I am relentlessly urging—allour member countries to complete that reform in a timely manner.

More and more, we are seeing new forms of collaboration coming into play. We are seeing it in Europe in fighting the crisis. We are seeing it in regional arrangements, like the Chiang Mai Initiative and a growing network of swap agreements between central banks in Asia. And we see it in plans by the BRICS—Brazil, Russia, India, China, and South Africa—to establish a development bank, for instance.

Each, in its own way, tips its hat to what can be gained through collaboration.

The IMF recognizes it too. We are at the very intersection of an increasingly global world. And we understand that to stay there and to stay relevant, the IMF must increasingly reflect our membership and serve our members’ needs effectively as they manage economic change.

Again, take the countries of the Arab Spring. We can support them with the IMF’s unique combination of advice, technical assistance, and financial support. We are committed to supporting their home grown programs that meet their needs, built around consensus, and protecting the most vulnerable. We are doing this, importantly, working closely with the governments of the region and with the Deauville Partnership.

The message is clear: collaboration makes us stronger.

By way of example here, I was struck by the recent actions of several countries in Africa. Of those countries that have so far pledged their share of the recent IMF gold sales to the pot of resources that will support our concessional lending, two-thirds are from Africa.

These types of policy choices should inspire us. Let us build on them.

Conclusion

To conclude—the crisis is not over. But thanks to our collective efforts, we have an opportunity to reassess the challenges we face as the crisis evolves. An opportunity to reassess what is required to meet those challenges. An opportunity to push on and take the further actions that are certainly needed to keep the crisis at bay and finally put it behind us.

We must not waste this moment. And our actions should be guided by three principles.

One, act quickly—implement the right policies now, with the knowledge that what we do today also affects tomorrow.

Two, act together—do not underestimate the importance of the collective interest, over self interest.

Three, act with confidence—support of institutions, like the IMF—and our friends at Brookings—will stand with countries undertaking reforms every step of the way.

Alexander Graham Bell once said: “When one door closes, another opens; but we often look so long and so regretfully upon the closed door that we do not see the one which has opened for us.”

When opportunity knocks, we should open the door.

Thank you.

12 April 2012

Internationalising the SEM, Creating substance and Capitalising on Africa’s potential

Speech by Miss Clairette Ah-Hen
Chief Executive

Swami Vivekananda International Convention Centre Les Pailles
Thursday, 12 April 2012

The Honorable Xavier Luc Duval, Vice-Prime Minister and Minister of Finance &
Economic Development
Mr Sunil Benimadhu ,The Chief Executive of SEM
Mr Raj Tapesar, The Vice- Chairman, SEM Ltd
Members of SEM
Distinguished guests,
Ladies & Gentlemen

A very Good Afternoon to all of you!

I am delighted to be among your midst today to address you at this conference to mark the recent initiatives taken by SEM to further internationalise the Exchange, providing global companies with tools to create more substance as well as capitalize on Africa’s potential.

You will all agree with me that this afternoon is another opportunity for us, as stakeholders of the Financial Community, to reflect on the consolidation of Mauritius as an International Financial Centre of substance and a transparent and safe place to conduct financial services activities.

The drive for internationalisation of exchanges resulted from cross-information flows that underpin market activity and the infrastructure that allows market participants to act upon this information. Investment decisions are increasingly being made on a global rather than a national basis. Thus, timely and accurate information is becoming crucial to investors' decisions. Maintaining the domestic infrastructure is an immense challenge for any policy authority but connectedness across borders is an even more daunting challenge.

In recent years the pace of change has been particularly rapid. The influx of new technology has led to trading becoming even faster and more dependent on computers. The combination of new market participants and growth of new trading strategies have led to the growing internationalisation of markets with most financial impacts knowing no frontiers. The implications in one market - one jurisdiction - can lead to an instant domino effect, impacting the markets in different parts of the world.

We would all agree that the cascades of events, which led to the global financial crisis, have accumulated enormous losses of wealth worldwide. The lessons learnt from the crisis have shown that there is a strong need for continuous review of our financial architecture and a need to promote higher standards of market conduct which encourage efficient and well-functioning markets.

The growing internationalisation of markets combined with changes to regulatory structures in the post-crisis environment mean that, in practice, most key policy and strategic supervisory issues are determined internationally. A purely national response is no longer feasible or appropriate, as policy in all key areas is now determined supra-nationally. Policy makers have called for and engaged in a series of reforms.
• IOSCO, the International Organisation for Securities Commissions has revised and reviewed its Principles bringing them to 38 after taking into consideration factors such as systemic risks. IOSCO is continuously encouraging all its members to sign in the IOSCO MMOU for the exchange and sharing of information. Those who are not on the Appendix A signatories list as of 1 January 2013 will be put on a watch-list.
• The OECD has put forward principles of corporate governance highlighting rights of shareholders, greater disclosure, transparency and fair treatment of all shareholders; and has recognised Mauritius as a Jurisdiction compliant with OECD standards.
• Leaders of G20 have emphasized on the enforcement of high degree of financial transparency and exchange of information while the FSB has reviewed the requirements from jurisdiction in the monitoring of cross border transactions to ensure financial stability.

The amount of current work streams mean we have increased resources devoted to dealing with our overseas counterparts and multi-lateral bodies. We must now negotiate and use our influence to obtain desirable regulatory outcomes in the region of Africa and elsewhere, working alongside the Ministry of Finance and Economic Development, the Bank of Mauritius and other stakeholders.

The participation of the FSC and Mauritius on the Regional Consultative Group of the Financial Stability Board reinforces our commitment for regional cooperation in minimizing systemic risks and preserving the integrity of Mauritius financial system.

In the same line, we are gradually witnessing a trend in respect of ‘innovation’ which has become one of the buzz words. Innovations can take various forms, such as new products, new business models and entrants, new trading strategies and venues, and new technologies. Financial innovation acts as a hallmark of a vibrant financial system. It should therefore be encouraged and facilitated where it has the potential to improve the efficiency of the markets or to bring useful products and new participants to the market.

I am pleased to mention that locally, SEM and FSC are meeting regularly for discussion to keep pace with new developments. Over the past months, the SEM has brought several innovations to scale up its activities by offering additional products to investors. The FSC, in its role as the Regulator, has had the opportunity to discuss with SEM its different projects and has granted its approval for the revamping of the Listing Rules in respect of the

(i) listing of Specialist Companies and Specialist debt instruments;
(ii) amendments to align with the Securities (Collective Investment Schemes and closed-end funds) Regulations 2008 and to set the operation framework for Global Business schemes and Specialised funds;
(iii) conditions for listing in respect of depositary receipts and
(iv) the listing provisions for Mineral Companies.

Given the international nature of some of these new market players/participants, which SEM is contemplating with the above changes – whether overseas companies/groups setting up Mauritian subsidiaries, or Mauritian entities expanding through overseas ventures or global business funds investing in Africa, such as mining companies engaged on the African continent – it is necessary to maintain the good repute of all by ensuring consistent oversight of cross-border groups. This requires effective cooperation and information sharing by regulatory agencies in Africa and more widely.

The FSC has been an active and trusted player in Africa and we’ll continue to engage intensively at all levels, ranging from being the Vice-chair of the CISNA (Committee of Insurance, Securities and Non-Banking Financial Authorities - SADC committee of regulators for non-banking) to chairing Sub-Committees to coordinate and look at detailed aspects of capital markets regulation and related market conduct issues. At the level of IOSCO AMERC which is the Regional Committee for Africa and Middle East countries, we participate actively to share views and experiences with other jurisdictions. Indeed, we had the opportunity to host the 26th AMERC Meeting and Conference last year. Our participation and objective is to balance the promotion of harmonised and coordinated standards across Africa, by effectively supervising market infrastructure providers and markets that are usually delivered best locally.

We do recognise that SEM has to continuously explore new mechanisms and offer additional financial innovative instruments/products to investors so that the latter can diversify their portfolio of investments. There is currently greater competition between infrastructure providers and new market entrants obviously wish to be up and running as soon as possible. This places greater demands on the FSC regarding our service standards and efficiency in processing regulatory requests.

The FSC is committed to providing an efficient licensing process while ensuring that high and consistent service standards extend beyond the entry process, as providers may require regulatory approval or non-objection to innovations which are essential for their commercial success.

The internationalisation of exchanges is accompanied by a plethora of economic opportunities but it simultaneously poses a challenge to policymakers. Indeed, regulators do not hinder market development but must ensure that market discipline is maintained whilst preserving the good repute of the jurisdiction.

It is equally important to provide for investor awareness and protection and to implement appropriate mechanisms to prevent any risks, which financial innovation may cause.

We note that SEM is additionally proposing to introduce the trading and clearing of Contracts for Difference on foreign underlying stocks and indices. I am sure that these incentives will open our jurisdiction to the rest of the world by tapping on the Mauritian platform for investment in Africa as a platform and enhance our visibility on the international architecture.

I shall conclude by wishing the SEM well in its endeavours.

Thank you.

Picking up the Tab: Average Citizens and Small Business Owners Pay the Price for Offshore Tax Havens

With Tax Day approaching, a new U.S. PIRG report found the average tax filer in 2011 would have to pay $426 to make up for revenue lost from corporations and wealthy individuals shifting income to offshore tax havens. The report additionally found that if they were to cover the cost of the corporate abuse of tax havens in 2011, the average American small business would have to pay $2,116.

“When corporations shirk their tax burden by shifting profits legitimately made in the U.S. to offshore tax havens like the Caymans, the rest of us must pick up the tab through either cuts to public spending priorities, higher taxes, or more debt,” said Dan Smith, Tax and Budget Associate for U.S. PIRG and one of the report’s co-authors. “Responsible small businesses are further hurt by corporate tax dodging because they are put at a competitive disadvantage since they can’t hire armies of well paid lawyers and accountants to use offshore tax loopholes.”

Every year, corporations and wealthy individuals avoid paying an estimated $100 billion in taxes by shifting income to low or no tax offshore tax havens. Of that $100 billion, $60 billion in taxes are avoided specifically by corporations. A GAO study found that at least 83 of the top 100 publicly traded corporations use offshore tax havens.

“The simple fact of the matter is this: tax breaks for Big Oil, corporate jets, and companies that send jobs overseas have the practical effect of raising taxes on everyone else. That’s not right. That’s not smart. That’s not fair. And it’s high time we do something about it,” said Congressman Van Hollen.

“Taxes are not just numbers in spreadsheets,” said Joseph Rotella, owner of Spencer Organ Company in Waltham, Massachusetts, and who spoke at the event. “Taxes provide the revenues that pay for roads, bridges, public safety, public schools, public transportation and other infrastructure and services my business and my customers count on. We need to stop the tax haven abuse that lets big corporations avoid paying their fair share and gives them an unfair advantage in the marketplace.”

Breaking the data down by state, U.S. PIRG found that residents of Delaware and Minnesota picked up the largest share of the tab - $1,317 and $774 respectively.

The report recommends closing a number of offshore tax loopholes, many of which are included in the Stop Tax Haven Abuse Act (H.R. 2669) and Cut Unjustified Tax Loopholes Act (S.2075). Congressman Van Hollen is a cosponsor of the House legislation.

“Families and small business unfairly bear a greater burden when offshore tax dodges game the system,” said Congressman Lloyd Doggett (D-Texas), a senior member of the House Ways and Means and Budget Committees. “We cannot afford the revenue lost to these corporate tax avoidance schemes. The ‘Stop Tax Haven Abuse Act,’ which I authored, offers powerful new tools to combat these abuses and would bring jobs and tax dollars back home.”

“It is appalling that large, profitable U.S. companies can get out of paying for the nation’s infrastructure, education system, security, and large market that help make them successful,” concluded Smith.

Breakfast Launch of HSBC Global Custody Services

Speech by Miss Clairette Ah-Hen
Chief Executive

Hennessy Park Hotel, Ebene
Thursday, 12 April 2012

First Deputy Governor Bank of Mauritius, Mr. Y. Googoolye
Ms. Siew Meng Tan, CEO HSBC Mauritius
Mr James Boucher, Managing Director HSBC Bank (Mauritius) Ltd
Industry Partners
Ladies and Gentlemen

Introduction

It is a great pleasure for me to address you today at this breakfast launch of HSBC Global Custody Services.

Global Custody Services is not new to HSBC Group, but a first in Mauritius. Knowing that our host HSBC thrives when there is competition, I can just express my wish to see other international institutions follow HSBC’s lead.

The HSBC Bank (Mauritius) Ltd was granted a Custodian Licence under section 100 of the Securities Act 2005 on 22 February 2012. With this licence, the bank is expanding its products base to include Global Custody Services so as to unlock the door to future growth and a plethora of opportunities.

Custody is in essence the service of holding (and normally administering) securities on behalf of others and has its roots in physical safekeeping. In the days when securities existed only in paper form, investors needed a secure place to keep these certificates of value. No wonder banks became the natural choice as a safekeeping service provider. But with the expansion of sophisticated financial markets, custody has evolved into a thriving industry which is no longer characterised by physical safekeeping but by a wider range of services and characterised more by a tiered structure – with intermediaries.

It is to be noted that each layer of intermediary provides services which cater to its own customer base and which are associated with the assets held under its custody. Today, with the growing investors’ appetite for trans-frontier assets, Global Custody services are becoming a vital lynchpin for the financial services sector.

Adherence to International Norms and Standards

In the aftermath of the financial crisis, the financial world has been subject to an avalanche of regulation. New regulations of the Capital Markets are being established in the new mantra of the International Organisations of Securities Commission (IOSCO) in order to englobe all financial products into the regulatory net.

Capital Markets regulators are bound by the IOSCO in (i) protecting investors (ii) ensuring that markets are fair, efficient and transparent and (iii) addressing systemic risk. The FSC, as the Capital Market regulator, is leaving no stone unturned in meeting international norms and standards set by international standards setting bodies. In addition, Securities / Capital Market Regulators are adapting their regulation to promote financial stability by preventing systemic failure while simultaneously providing a leeway for market development. The FSC too has forged a robust regulatory framework which aims at having the right balance between the need for regulation and business development.

The financial crisis has also drawn clients’ attention on service providers and on the quality and value of service received. In today’s challenging business environment, it is imperative for operators to provide services with no compare. The major forces, likely to shape the custody industry in the years to come, include the continued globalisation of the financial markets, changes in the investment patterns of institutional investors and the increased demand for global liquidity management solutions. As the securities operations market continues to consolidate, we see custodians taking on a greater share of the securities trade intermediation.

In addition, the financial crisis together with other international market developments have influenced the custody industry and forced custodians worldwide to redefine their business models. Today, clients are becoming increasingly cautious and stress on the role of custodians in protecting investments, asset safety and addressing transparency. One major challenge facing global custodians is how to keep up with their institutional investor clients’ wider choice of investment assets and the associated specialized service requirements.

With the growing trend in the diversification of invested assets and shift to non-traditional asset classes and emerging market investments, regulators often come forth with new rules, regulations and control mechanisms to monitor these products. It is therefore pivotal for custodian (i.e. the HSBC Bank (Mauritius) Ltd) to keep abreast of the changing environment and to provide customised information to clients regarding new market standards.

Maintaining Mauritius as an International Financial Centre

Mauritius is the only established Financial Centre of the region. We offer a stable environment, a strong pro-business regulatory environment, as well as good physical infrastructure. These factors explain the evolving environment and innovative products in the industry.

The present international challenges will call for more collaboration between stakeholders. Within each jurisdiction, constant dialogue and collective effort of regulators and the industry will contribute towards the ultimate objective of consolidating the image of Mauritius as an International Financial Centre.

The HSBC Mauritius Global Custody Services will contribute to this objective and positioning Mauritius as a preferred platform for investment in Africa.

It is worth mentioning that the global custody industry was not much affected by the financial crisis due to its conservative risk profile. Policy makers and regulators do recognise that a “one-size-fits-all” approach to regulation is not always suitable and they have shown an appreciation of the important role that global custodians play in the smooth functioning of financial markets. The custody industry is growing in Mauritius; the FSC has licensed 6 non-CIS Custodians and 6 CIS Custodians and up to now, the Custody services in Mauritius have delivered on its promises – no failures and no losses to investors.

With ongoing challenges, creating a regulatory environment aimed at diversifying products and business sophistication has become of greater salience for the competitiveness of the Mauritius IFC. The launch of HSBC Global Custody Services undoubtedly marks a new milestone for the bank and the prospects look bright.

Conclusion

The custody services industry is a promising one and I am confident that the quality services provided by the HSBC Bank (Mauritius) Ltd will attract worldwide investors to hold their global assets in Mauritius. It is within an internationally challenging environment that the bank will need to meet customer needs in order to sustain continued growth and development.

On this note, I wish the HSBC (Mauritius) well in its initiatives.

Thank you.

Doing business in the US: Why is Delaware the Leading Choice for Incorporation?

Nishith Desai Associates in association with Bombay Chartered Accountants’ Society and Chamber of Tax Consultants are organising an exclusive interactive discussion in Mumbai on the role and importance of Delaware corporations in the strategy for investing and doing business in the US. Justice Randy Holland (Delaware Supreme Court), Jeffrey Bullock (Secretary of State, Delaware), Ted Mirvis and Marc Wolinsky (Wachtell, Lipton, Rosen & Katz) who will share their insights on why Delaware remains the leading choice for incorporation.

More than 900,000 business entities have their legal home in the State of Delaware including 63% of the Fortune 500. Often referred to as the “Corporate Capital of the World,” Delaware is known for its modern and flexible corporate laws, reasonable tax climate, highly respected Supreme Court and the Court of Chancery, and its business-friendly government. The Delaware Supreme Court is the most authoritative court in the United States on corporate law issues. The Delaware Division of Corporations provides professional and efficient customer service to companies headquartered worldwide.

The interactive session shall be moderated by Mr. Nishith Desai, Founder and Managing Partner, Nishith Desai Associates, who will also share his insights on key legal, tax and strategic considerations that impact Indian investments into the US.

ICT and Internet: Revised proposed model for .mu discussed

A Consultation Workshop, on the revised proposed model for the Country Code Top Level Domain for Mauritius (.mu ), opened this morning at Cyber Tower 1, in Ebène Cyber-city.

The Ministry of Information and Communication Technology released in September 2011 a Public Consultation Paper on the re-delegation of the country code Top Level Domain (ccTLD) of Mauritius (i.e. .mu or dot mu) for a six weeks’ period and invited stakeholders, including members of the public, to express their views and comments.

Two responses were received, namely from the present .mu administrator and from the Internet Management Committee. On the basis of the comments received on the Public Consultation document, an updated .mu administration model has been proposed and posted on the website of the ICT Ministry.

The local Internet community was invited to submit views and comments on the revised model. The present consultation workshop aims at finalising the model for the re-delegation of the .mu.

In his opening address, the Minister of Information and Communication Technology, Mr Tassarajen Pillay Chedumbrum, said that the ICT sector in Mauritius is on the right track and is called upon to develop further in the short and long term to position itself as the first pillar of the economy.

According to the Minister, favouring e-business and e-governance remains a priority of Government. The management of the domain name of a country is crucial and may be considered as an integrated part of the development of e-business and e-governance. Consequently the domain name should be considered as part of Mauritius’ global ICT strategy, he pointed out.

.mu is a national resource as it gives Mauritius an identity in cyberspace and its administration and management have to be done within a defined framework which includes norms, rules as well as a policy based on the local reality, added Mr Pillay Chedumbrum.

It is considered that a country code Top Level Domain (ccTLD) is best administered from within a country for the following reasons: it provides the country with an identity in cyberspace; registration, renewal, suspension of domain names, and the disputes that may arise under the ccTLD, will be governed by the local laws; and operating the ccTLD from within the country is the only reliable way to acquire sufficient experience with ccTLD administration, before any form of outsourcing can be considered.

11 April 2012

Mauritius: FSC and FRC sign MoU for Effective Exchange of Information

The Financial Services Commission (FSC) and the Financial Reporting Council (FRC) signed, yesterday in Ebène, a Memorandum of Understanding (MoU) to ensure effective exchange of information in relation to financial reporting, auditing and corporate governance.

The MoU was signed by the Chief Executive of FSC, Ms. Clairette Ah-Hen, and the CEO of the Financial Reporting Council, Mrs. Selvida Naiken.

In her address, the Chief Executive of the FSC underscored the importance of enhancing the financial reporting framework and ensuring greater transparency for better conduct of business with a view to reinforcing credibility in the financial services sector. The MoU, according to Mrs Ah-Hen, establishes a common standard of cooperation with the FRC to avoid any duplication of work in terms of financial reporting and also to assist the FSC in its role to ensure a sound, effective and efficient regulation of the sector.

For her part the CEO of the FRC, Mrs. Selvida Naiken, recalled that the role of the Council is to promote the highest standards among licensed auditors and safeguard the interest of stakeholders in the sector that rely on effective financial reporting. She further reiterated the commitment of the FRC to ensure quality service to Public Interest Entities which are regulated by the FSC.

So far the FSC has signed 29 such MOUs with its counterparts both local and international authorities.

The Financial Services Commission operates under the Financial Services Act 2007 to ensure orderly administration and sound conduct of business and uphold the sound reputation of Mauritius in the financial services sector.

The Financial Reporting Council was established in 2004 under the Financial Reporting Act with a view to the providing quality reporting of financial and non-financial information by public interest entities and promoting the highest standards among licensed auditors.

10 April 2012

IMF: Money and Collateral

Between 1980 and before the recent crisis, the ratio of financial market debt to liquid assets rose exponentially in the U.S. (and in other financial markets), reflecting in part the greater use of securitized assets to collateralize borrowing. The subsequent crisis has reduced the pool of assets considered acceptable as collateral, resulting in a liquidity shortage. When trying to address this, policy makers will need to consider concepts of liquidity besides the traditional metric of excess bank reserves and do more than merely substitute central bank money for collateral that currently remains highly liquid.

Full text (PDF file size is 1,059KB)

Linedata survey finds technology is key back office competitive differentiator

Linedata, the global solutions provider dedicated to the investment management and credit industries, today released the results of a recent fund manager and fund administrator survey. The survey respondents spanned 10 countries and ranged in size from US$5 billion to over US$40 billion.

Technology is Key Differentiator

With the challenges and issues they are facing, firms will look to technology to be a key competitive differentiator. To that end, over 87% of firms surveyed cited it was a priority to improve upon or replace their existing software.

Gavin Little-Gill, Linedata Global Head of Asset Management Products, observed, “With 56 significant product and servicing agreements signed in our back office solutions group in 2011, Linedata can attest to this trend. Linedata offers comprehensive back-office solutions, which embody powerful combinations of compliance monitoring, reporting and portfolio management capabilities along with core fund accounting and investor servicing functionality.”

Other key findings include the addition of clients and increasing asset type coverage as leading causes of client revenue growth; while regulation, cost cutting and adapting operational workflows to increasing client demands are the key challenges faced by over 87% of the firms surveyed.

Regulation Leads the Way

The survey shows that 64% of both manager and administrator respondents consider regulations to be a key issue they are facing in their business. With the requirement to comply with many new or amended regulations across regions, there will be much greater need to further automate compliance policy procedures, compliance reporting and breach management capabilities. Administrators will further focus on increasing client demands and fee pressures; while managers are more concerned by cutting costs.

On the findings, Gavin Little-Gill commented, “With the brisk pace of change and tight competition today, clear strategic thinking is more important than ever. To succeed in a globalized market, firms need to develop the correct strategy to optimize and secure their growth. Linedata specializes in partnering with our clients to ensure they have the technology and services to support their business requirements not just for today, but in the future.”

Managing tax uncertainties in India and Africa through Mauritius

The Board of Investment, Mauritius in association with the US – India Business Council and Nishith Desai Associates are organising an exclusive interactive session on 24 April 2012 in New York with the Hon. Charles Xavier Luc Duval, GCSK, Vice Prime Minister and Minister of Finance & Economic Development, Republic of Mauritius.

The Hon. Vice Prime Minister will share his valuable insights on the position of Mauritius as an internationally recognized financial center of substance for investments into India and Africa. With an advanced corporate and holding company regime, Mauritius has emerged as one of the most reputed and stable offshore financial centers. The Hon Vice Prime Minister and FM will also address issues of substance and the concerns of investors following the recent 2012 Budget presented by the Government of India.

Mr. Nishith Desai, international tax and corporate lawyer, will moderate the session and provide insights on the strategies for managing tax uncertainties in light of recent legislative developments in India and Africa. Participants can also personally interact with senior officials from the Board of Investment, Mauritius.

Mauritius: Signature of MoU between FSC & FRC

The Financial Services Commission (‘FSC’) and the Financial Reporting Council (‘FRC’) have signed a Memorandum of Understanding (‘MoU’) on 10 April 2012 in their common pursuit to ensure effective exchange of information in relation to financial reporting, auditing and corporate governance.

The MoU was officially signed by the Chief Executive of the Financial Services Commission, Ms. Clairette Ah-Hen and the Chief Executive Officer of the Financial Reporting Council, Mrs. Selvida Naiken.

The Financial Services Commission operates under the Financial Services Act 2007 to ensure orderly administration and sound conduct of business; and to preserve and maintain the good reputation of Mauritius in the financial services sector. The Financial Reporting Council was established in 2004 under the Financial Reporting Act to promote the provision of high quality reporting of financial and non-financial information by public interest entities, and promote the highest standards among licensed auditors.

The Chief Executive of the FSC highlighted, in her address, the importance of enhancing the financial reporting framework and ensuring greater transparency for better conduct of business to reinforce credibility in the financial services sector. Ms. Ah-Hen also explained that the signature of the MoU establishes a common standard of cooperation with the FRC to avoid any duplication of work in terms of financial reporting, and assist the FSC in its role to ensure sound, effective and efficient regulation of the sector.

The Chief Executive Officer of the FRC spoke on the role of the Council to promote the highest standards among licensed auditors and safeguard the interest of all stakeholders in the sector who rely on effective financial reporting. Mrs. Naiken highlighted, in her concluding remarks, the commitment of the FRC to ensure quality service to Public Interest Entities which are regulated by the FSC.

07 April 2012

The Economist: Shells and shelves + They sell sea shells

Company formation


Making money by making companies: another industry that is globalising, consolidating and shifting east

The incorporation business


The companies that form companies are a shadowy world and a thriving industry

05 April 2012

What Asset-Liability Management Strategy for Sovereign Wealth Funds?


In a call for reaction to an EDHEC-Risk Institute study entitled “Asset-Liability Management Decisions for Sovereign Wealth Funds,” which was the foundation paper of the research chair endowed by Deutsche Bank, we asked sovereign investment practitioners about their views on the use of a dynamic ALM framework for SWF management.

This report shows that practitioners appreciate the value of the approach. As far as the inclusion of liabilities is concerned, respondents agree that this is an important aspect as 92% of the practitioners in the survey think that implicit liabilities should be taken into account in an integrated framework.

Clearly, practitioners see the need to manage the implicit liabilities and 70% of the survey respondents agree that a dynamic ALM framework provides a better understanding of optimal investment policy and risk management practices.

Some respondents express concerns regarding the implementation of the techniques in practice. In particular, individual SWFs have specific objectives and the investment approach has to be tailored to meet these objectives. Additional research into the application of ALM in the context of specific SWFs and, also, further education of SWFs would increase the adoption rate of the techniques.

In fact, while the fund separation property characterises the optimal investment policy, the structure of the building blocks (especially that of the endowment and liability hedging portfolios) would reflect the objectives and the constraints of each particular SWF.

Another obstacle mentioned by some respondents is that the ALM approach is generally viewed as a country level approach while SWFs may be managed separately from the rest of the state’s asset and liabilities. This indicates there is a need to engage multiple stakeholders in the management of state assets and liabilities, as well as a need to conduct further research into solutions tailored to particular models of corporate governance. In fact, integrated ALM does not require giving a single entity control of all assets and liabilities. Management of the sovereign assets and liabilities can continue along the existing administrative lines, whereby an SWF is given information about the state assets and liabilities beyond its control. Such an approach only requires change to the mandate of the SWF so that the sovereign assets and liabilities outside of its control are taken into account when defining the investment policy.

In summary, the general opinion expressed by the respondents is that the dynamic ALM approach has the potential to add value to SWF investment and risk management practices, and it should be explored by investors and their solution providers.


ICT: Mauritius as case study in World Economic Forum’s Global IT Report

Mauritius is featured as a case study for successful development of ICT in the World Economic Forum’s Global Information Technology Report 2012 which was released yesterday in New York City, USA.

The Minister of Information and Communication Technology, Mr Tassarajen Pillay Chedumbrum, attended the launching ceremony.

The case study, entitled The Making of a Digital Nation: Toward i-Mauritius, enumerates the milestones met in the ICT sector reform of Mauritius. These include the liberalisation of the telecommunications sector in 2003, the conception of the first Cyber City project in partnership with India, Mauritius’ first connection to the submarine optical fibre route linking Europe to Asia via South Africa, legislative reforms to create an enabling environment for the sector’s introduction and to ensure sustainability and predictability for the coming years, as well as the elaboration of a National ICT Strategic Plan in 1998.

The above initiatives, mentions the case study, reflect the foresight of the Prime Minister who, in 1997, ‘boldly created the first-ever ministry dedicated to the ICT sector’. This, the report says, was a turning point in paving the way toward the transformation of Mauritius into a knowledge-based economy.

The case study also describes major actions adopted by Mauritius along with their results, focusing on the challenges faced by the country in making the sector emerge as an important pillar.

On the basis of the lessons learned in terms of strengths and weaknesses, as well as the opportunities that lie ahead, the study presents some strategic moves—on both policy and operational levels—to undertake in the future in order to consolidate Mauritius’ position and enable the ICT/business process outsourcing (BPO) sector to emerge as an engine for sustained economic growth.

The case study mentions that the aligned vision and efforts of all relevant stakeholders in the ICT sector at national level will contribute towards asserting the visibility of Mauritius on the international scene, especially in relation to the global ICT/BPO market. It also stipulates that continued and sustained efforts to bring down the costs of international connectivity, to improve the quality of the workforce, and promote a business-friendly environment will further ensure that Mauritius becomes a preferred platform and solutions provider in the global ICT/BPO realm.