30 October 2013

U.S.: Treasury Takes Next Step in Effort to Curtail Offshore Tax Evasion

The U.S. Department of the Treasury and the Internal Revenue Service today issued a notice for foreign financial institutions (FFIs) to comply with the information reporting and withholding tax provisions of the Foreign Account Tax Compliance Act (FATCA).  FATCA is rapidly becoming the global standard in the effort to curb offshore tax evasion.  To date, Treasury has signed nine IGAs, has reached 16 agreements in substance, and is engaged in related conversations with many more jurisdictions.

The notice, which is the next step in implementation, previews proposed guidance and provides a draft agreement for participating FFIs directly engaging in agreements with the IRS and those reporting through a Model 2 intergovernmental agreement (IGA).  It provides FFIs with advance notice prior to the beginning of FATCA withholding and account due diligence requirements on July 1, 2014.  The FFI agreement will be finalized by year end. 

The Agreement and forthcoming guidance have been designed to minimize administrative burdens and related costs for foreign financial institutions and withholding agents,” said Deputy Assistant Secretary for International Tax Affairs Robert B. Stack.  “Today’s preview demonstrates the Administration’s commitment to ensuring full global cooperation and a smooth implementation.” 

Congress enacted FATCA in 2010 as a way to identify U.S. citizens using foreign accounts to evade their U.S. tax responsibilities.  FATCA requires U.S. financial institutions to withhold a portion of payments made to FFIs that do not agree to identify and report information on U.S. account holders.

Treasury has taken a global approach to the exchange of tax information in its implementation of FATCA.  To address situations where foreign law would prevent an FFI from complying with the terms of an FFI agreement, Treasury developed two alternative model IGAs.  Under Model 1, FFIs report to their respective governments who then relay that information to the IRS.  Under Model 2, FFIs report directly to the IRS to the extent that the account holder consents or such reporting is otherwise legally permitted, and such direct reporting is supplemented by information exchange between governments with respect to non-consenting accounts. 

Today’s notice provides guidance to FFIs entering into agreements directly with the IRS, and to those reporting through a Model 2 IGA.  The notice incorporates updates to certain due diligence, withholding, and other reporting requirements, and includes a draft FFI agreement.  The draft FFI agreement will be finalized by December 31, 2013.  Treasury and the IRS will continue to provide more detailed guidance on FATCA implementation as necessary.

The regulations were intentionally designed to appropriately balance the scope of entities and accounts subject to FATCA with due diligence requirements, while also phasing in the related obligations over several years.  For example, the final regulations exempt all preexisting accounts held by individuals with $50,000 or less from review.  For similar accounts with less than $1,000,000, an FFI is only required to search the account information that is electronically available.  In many cases, FFIs are permitted to rely on information that they already must collect for local anti-money laundering and know-your-customer rules.  

Many of these cost-saving simplifications were the result of comments received from affected financial institutions and foreign governments, which helped us to tailor the rules to achieve the policy objectives of the statute without imposing undue burdens or costs.  

While withholding requirements begin next July and the first report of FATCA information is due in 2015, the IRS FATCA registration website is already open so that FFIs can begin testing the registration process and entering information.

28 October 2013

Jersey Financial Services Commission: Chairman of the Commission

The Jersey Financial Services Commission announces that Clive Jones, the current Chairman of the Commission, has taken the decision not to seek re-appointment on the recent expiry of his present term on 22 October 2013. Clive Jones was first appointed a Commissioner on 23 October 2007 and was subsequently appointed Chairman on 18 September 2009.

John Averty, Deputy Chairman of the Commission, stated that Clive was appointed Chairman at a time of change for the Commission and he had proved to be a dedicated and effective leader, well respected by his Board colleagues and the staff of the Commission who regret that he has decided not to continue in the role.

Senator Ian Gorst, Chief Minister, added "I am most appreciative of the contribution Clive made to the work of the Commission through a time of global financial crisis that has presented regulators with many issues. I look forward to working closely with his successor and I have every confidence that working together, in concert with the finance industry, the Commission and Government will be successful in responding to the many new and significant challenges to be faced."

Notes

The process to select a new Chairman for the Commission is underway and, following the selection of search consultants, advertisements will be placed in both the local and the UK press. The recruitment process will follow procedures agreed with, and overseen by, the Jersey Appointments Commission.

Following that recruitment process, the States of Jersey has the power to appoint Commissioners and a Commissioner to be Chairman from persons nominated by the Chief Minister.

Commissioner John Averty, current Deputy Chairman, will preside at meetings of the Commission pending the selection of a new Chairman (as stipulated by paragraph 3(b) of Schedule 1 to the Financial Services Commission (Jersey) Law 1998)

26 October 2013

Bank of England: Developments in the Bank’s approach to liquidity insurance

Alongside a speech by the Governor, the Bank of England has today announced changes to its approach to providing liquidity insurance to the banking system.

The principles and tools the Bank uses in providing liquidity insurance are set out in the Sterling Monetary Framework (SMF), which has been substantially reformed in recent years.  In 2012, the Court of the Bank asked Bill Winters to review how these reforms were working in practice and to consider whether further changes were warranted.  In light of the recommendations from that review, together with the Bank’s own assessment of the changing regulatory and financial market landscape, the Bank is announcing a number of further significant changes to the SMF’s liquidity insurance toolkit.  Taken together, these changes are designed to increase the availability and flexibility of liquidity insurance, by providing liquidity at longer maturities, against a wider range of collateral, at a lower cost and with greater predictability of access.

Further details on the approach are provided in ‘Liquidity insurance at the Bank of England:  Developments in the Sterling Monetary Framework’ (available at www.bankofengland.co.uk/markets/Documents/money/publications/liquidityinsurance.pdf) and an updated edition of the Bank’s ‘Red Book’, which provides a comprehensive description of the SMF (available at www.bankofengland.co.uk/markets/Documents/money/publications/redbook.pdf).

The UK at the heart of a renewed globalisation

Mark Carney, the Governor of the Bank of England, announced a sweeping overhaul of the way the central bank deals with lenders in financial difficulties in a Speech as part of the Financial Times 125th anniversary celebrations, London.

1. Introduction

When the Financial Times opened for business in 1888 London was the world’s preeminent financial centre.

It had the most international banks, the largest capital markets, and the deepest money and gold markets. It backed projects all over the world, and most of world trade was financed by bills drawn on London. Supporting the critical mass of banks, insurers and investors was an army of solicitors, accountants and clerks.

What London had lacked, at least until the FT’s great rival Financial News was founded in 1884, was a ready provider of financial news. The FT famously set out to report “Without Fear and Without Favour”, and declared itself to be the friend of the honest financier, the respectable broker and the legitimate speculator; and the enemy of the closed stock exchange, the unprincipled promoter and the gambling operator. Perhaps as a consequence, its initial circulation was modest.

The preoccupations of 1888 were not very different than today. Editions of the FT 125 years ago contained stories on economic development in China, the health of Spanish government finances, and the state of Irish banks.

What is clear in those early editions is the decidedly international flavour of a London investor’s interests – from tramways in Buenos Aires to copper mines in Portugal. Since then, London has been a truly international financial centre. In 1913, at the twilight of the last great wave of globalisation, 71 foreign banks had London offices. A century later, there are nearly four times as many. Today, almost twice as much international banking activity is booked here as anywhere else.

London is the home of global markets as well as global banks. Almost half of all turnover in over-the-counter (OTC) derivatives takes place here. London’s share of global foreign exchange turnover is almost as high and it remains a major hub for trading in gold. UK insurance companies have around 10% of the global market. Extending the net further, the UK is home to the third largest ‘shadow banking system’ with assets of $9 trillion.

The emergence of London as a financial centre in the nineteenth century owed a lot to the UK’s position as the world’s greatest trading nation. Britain accounted for as much as a quarter of world trade and produced around a tenth of global GDP. Over the following 125 years the UK’s shares of world trade and output have fallen to around 3%. Despite some ups and downs, London has remained a centre of global finance.

Partly as a consequence, the size of the UK’s financial sector relative to its economy has increased dramatically. When the FT was in its infancy, the assets of UK banks amounted to around 40% of GDP. By the end of last year, that ratio had risen tenfold.

As we have recently been painfully reminded, a specialisation in financial services carries risks as well as rewards. And those risks will grow, unless we put global banks and markets on a sounder footing. Suppose, for example, that UK-owned banks’ share of global banking activity remains the same and that financial deepening in foreign economies increases in line with historical norms. By 2050, UK banks’ assets could exceed nine times GDP, and that is to say nothing of the potentially rapid growth of foreign banking and shadow banking based in London.

Some would react to this prospect with horror. They would prefer that the UK financial services industry be slimmed down if not shut down. In the aftermath of the crisis, such sentiments have gone largely unchallenged.

But, if organised properly, a vibrant financial sector brings substantial benefits. Today financial services account for a tenth of UK GDP and are the source of over 1 million jobs. Two thirds of those are outside London, including jobs in asset management in Edinburgh, transaction processing in Bournemouth and insurance in Norwich. Being at the heart of the global financial system also broadens the investment opportunities for the institutions that look after British savings, and reinforces the ability of UK manufacturing and creative industries to compete globally. Not to mention that financial services represent one of the UK’s largest exports.

More broadly, London’s markets serve a vital global role. London acts as Europe’s window to global capital; is a centre of emerging market finance; and can play an important role in the financial opening of China.

The UK’s financial sector can be both a global good and a national asset – if it is resilient.

It is not for the Bank of England to decide how big the financial sector should be. Our job is to ensure that it is safe. The UK can host a large and expanding financial sector safely, if we implement a reform agenda that extends well beyond domestic banking.

That is not to suggest that the focus on reforming domestic banks has been misplaced. Following the crisis, it was imperative to fix first the fault lines at the core of our system, with initiatives ranging from rebuilding the capital of major UK banks and building societies, to changing the structure of compensation and the responsibilities of senior officers. In tandem, some major banks are working to change their cultures.

But reforms of domestic banking are far from sufficient for a global hub like London. Now is the time for a greater focus on what’s needed for resilient international banking and robust global markets. This will require sustained international engagement. Unlike in the early days of the FT, the UK can no longer dictate standards. Rather than ruling the waves, we must spur collective action through a demonstrated commitment to openness and the promotion of better ideas in Europe and at the G20 via the Financial Stability Board (FSB).

More fundamentally, such engagement would be timely because globalisation itself is under siege. Cross-border capital flows have fallen sharply since the crisis. Multilateral trade liberalisation has stalled, to the detriment of global prosperity.

If we are to stem this tide towards financial fragmentation we must make global finance more resilient. That serves both national and global interests.

Accordingly, I will concentrate today on three core elements of the Bank of England’s new Financial Stability strategy: creating resilient global banks, building robust markets and conducting central banking for global markets. These initiatives support a fourth leg of our strategy: improving the supply of finance in the UK. You will hear more about supply-side initiatives, aimed for example at rebuilding securitisation and supporting SME lending, in coming months.

2. Strengthening the Resilience of International Banking

Making international banks safer is fundamental to a renewed globalisation.

To this end, new global standards for capital and liquidity have been agreed. The major global banks have raised $500 billion of new equity over the past few years and are on course as a group to meet the Basel III standards more than four years in advance of the deadline. In the UK, all major banks and building societies now have in place credible plans to achieve the Bank of England’s thresholds for capital and leverage.

To finish the job, international regulators need to agree over the next year new rules for capital to be held in banks’ trading books, a simple leverage ratio and a guideline which governs the stability of banks’ funding.

Alongside these efforts to increase resilience, our focus is on solving the problem of banks that are too big to fail. Systemic resilience depends on being able to resolve failing banks in a way that does not threaten the entire system. Fairness demands the end of a system that privatises gains but socialises losses. And simple economics dictates that the UK state cannot stand behind a banking system that is already many times the size of the economy.

Moreover, without a credible means to resolve failing banks, regulatory Balkanisation will continue as national regulators seek to protect their own interests, threatening the efficient operation of the international financial system and accordingly London’s competitiveness.

To avoid these risks, we need to make the resolution of global banks a real option.

Successful cross-border resolution requires coordination and cooperation between authorities across multiple jurisdictions. This will only work if all authorities are confident that global resolutions will deliver domestic financial stability and protect local services. Cross-border cooperative agreements will help, but fine words must also be backed up by harsh economic incentives. Operating structures of banks must be made consistent with resolvability and, above all, banks must have substantial loss-absorbing capacity that cascades through their group structures.

At the St Petersburg summit in September, G20 leaders mandated the FSB to develop these proposals. The Bank of England is now working intensively with other authorities and the financial industry. Our aim is to complete the job by the next G20 Summit in Brisbane.

By increasing the resilience of banks and tackling too big to fail we can help make London a safe global banking centre. But that is far from sufficient; we must also dramatically improve the resilience of global markets.

3. Creating Robust Markets

To do so, we need first to consider how measures to increase the resilience of banks affect the functioning of markets. For example, the combination of higher capital held against trading books, the new leverage ratio, and the proposed Volcker restrictions on proprietary trading have already combined to reduce dealer inventories across a range of securities. With dealers less willing to deploy capital against large market moves, volatility has increased and liquidity fallen in the face of shocks such as the potential shift in US monetary policy earlier this year.

On the other hand, with limited proprietary positions, banks generally emerged from a summer of stress unscathed. Certainly, no one wants to return to the days when major dealers’ trading books were crushed under the weight of worthless leveraged super senior debt.

To strike a balance between making banks safer and maintaining adequate market liquidity, we need to draw lessons from the financial crisis, when contagion from stressed banks spread rapidly through the global financial system via counterparty credit concerns, liquidity hoarding and mass deleveraging. In this environment, core funding and OTC derivative markets seized up and conditions were set for the panic that ensued.

By contrast, markets with greater transparency and more robust trading and settlement infrastructure, such as equity markets and exchange-traded futures and options, performed rather better. Prices were not always to participants’ liking, but these markets remained open.

London should lead the way in ensuring that fixed income and derivative markets meet such standards. At the FSB, the Bank of England is helping to devise reforms that increase transparency, build more robust infrastructure and encourage better collateral management.

Since collateral management is a cornerstone of resilient markets and goes to the heart of central banking, let me take a few minutes to expand on it. Collateral reduces credit risk between market participants and supports market-based sources of credit to the real economy. It is central to the functioning of OTC derivatives markets and the funding of the shadow banking system. Since market-based finance needs good collateral to grow sustainably, its availability directly influences the supply of finance to British households and businesses.

The use of collateral is not without risks. When collateral values rise, fixed haircuts allow banks and non-banks to borrow more, pushing up asset values further. The reverse is also true. This inherent pro-cyclicality exposes the system to sharp corrections in collateral values. In extremis, a sell-off in financial markets leads to higher haircuts, a run on repo and ultimately a market freeze.

To reduce these risks, the FSB has proposed minimum regulatory standards for collateral valuation and management as well as a schedule of numerical haircut floors to repo transactions. The FSB also now requires central clearing of ‘standardised’ derivative transactions to limit exposures between counterparties, promote efficient netting of positions and moderate collateral cycles. New minimum capital and margining requirements for bilateral OTC derivative trades will similarly protect banks from defaults of their counterparties while reducing procyclicality in the system.

The combination of such reforms and the experience of the crisis will mean that institutions both need more collateral and need to manage it better. Fortunately financial markets know how to innovate. Investor expectations for liquidity are changing and models for risk intermediation should evolve in ways that reduce balance sheet usage.

4. Central Banking in Global Markets

Central banks need to keep up. In particular, we can catalyse more efficient and effective private collateral management by backstopping private markets.

140 years ago in Lombard Street, Walter Bagehot expounded the duty of the Bank of England to lend freely to stem a panic and to make loans on “everything which in common times is good ‘banking security’.” Bagehot was particularly scathing on the Bank’s failure at that time to state a “clear and sound policy” on this general topic writing “...until we have on this point a clear understanding with the Bank of England, both our liability to crises and our terror at crises will always be greater than they would otherwise be.”

140 years on, the Bank has a clear and sound policy. It is set out in a revised Sterling Monetary Framework (SMF), published today.

The new framework builds on the lessons learned throughout the financial crisis and draws on the recommendations made by Bill Winters in his review of our system.

Five simple words describe our approach: we are open for business.

Our facilities are not ornamental. They are there to be used by banks to access money and high-quality collateral. We are offering money and collateral for longer terms. The range of assets we will accept in exchange will be wider, extending to raw loans and, in fact, any asset of which we are capable of assessing the risks. And using our facilities will be cheaper. In some cases the fees are being more than halved.

Banks can be confident that, when they want to use our facilities, they will be allowed to access them. Because we are both the supervisor and the central bank, the strong presumption is now that, if a bank meets the supervisory threshold conditions to operate and has signed up to our framework, it will be able to use our facilities.

Our Discount Window will be open every day for those firms requiring a bespoke facility with lagged disclosure. Its price will be lower. We will hold monthly repo auctions to provide predictable and regular access to high-quality collateral in exchange for a very broad range of collateral. And in times of actual or prospective stressed conditions we stand ready to provide cheap, plentiful money through more frequent auctions.

None of this means financial institutions are excused from the need to manage their balance sheets prudently. But as Bill Winters observed, more exacting liquidity requirements mean the conditions for using central bank facilities can be less stringent (and more effective). This is one example of the synergies that arise from the return of banking supervision to the central bank.

With our announcements today, we are building a liquidity framework for the markets of tomorrow. In the markets of today, initial usage of these facilities is likely to be limited. The MPC’s stock of asset purchases and the Funding for Lending Scheme currently provide all the liquidity and collateral that the sterling system needs. But as these operations are wound down over time, we expect to see banks making increasing use of our new permanent facilities.

While today’s announcement is significant, it does not mark the end of history for the Bank of England’s market operations. We will continue to evolve our approach as the financial sector changes. In particular, we need to respond to two big questions.

First, should the Bank of England allow non-banks to have access to our regular facilities? After all, our responsibilities for financial stability run much wider than the banking sector. Institutions that play a central role in markets, like broker-dealers, are obvious first candidates. We will also consider the case for opening them to other participants including financial market infrastructures. If the scope of access to central bank facilities increases, the scope of regulation can be expected to expand in a proportionate manner. Backstopping the collateral management of a range of institutions should reduce the need for the Bank to act as a Market Maker of Last Resort.

Second, given that we host an international banking system and global markets, to what extent should the Bank of England provide liquidity in currencies other than sterling? As markets evolve, banks and markets here may need backstops in other currencies in our time zone before business opens for the Federal Reserve and after it has closed for the Bank of Japan.

Although the Bank of England can supply limitless quantities of sterling, we rely on other central banks for access to their currencies. In response to the crisis, a network of swap agreements between advanced economy central banks was established giving us the ability to provide a range of currencies to UK-based institutions.

This network of swap lines should not necessarily be limited to the G7 economies. In June, the Bank of England signed such an agreement with the People’s Bank of China, reflecting the growing international role of the Renminbi. That dovetails with the possibility of establishing a Renminbi clearing bank in London and our decision to include branches of Chinese banks in our broader policy of openness to hosting foreign wholesale banking activities.

Helping the internationalisation of the Renminbi is a global good, consistent with London’s historic role. But rest assured that the Bank will act in a manner consistent with our domestic responsibilities. As my colleague Andrew Bailey said last week, our risk appetite for foreign branches will largely be determined by whether their activities in the UK are covered by credible recovery and resolution plans. As always, renewing globalisation and building resilience go hand in hand.

5. Conclusion

After perhaps the worst financial crisis in the FT’s long lifetime, it is reasonable to expect financial services will again grow in importance.

The process of financial deepening in emerging markets is only beginning. In Europe, there is a strong case for greater reliance on robust financial markets relative to weakened banks.

The UK stands to benefit because of London’s place at the heart of the global financial system. Properly structured, this creates investment opportunities for British savers, reinforces trading ties for UK firms and improves access to credit for the real economy across this country. London’s international markets in turn provide a valuable service to the global economy. These benefits, on both sides, will be greatest as part of an open, integrated global financial system.

The Bank of England’s task is to ensure that the UK can host a large and expanding financial sector in a way that promotes financial stability. Only then can it be both a global good and a national asset.

To those ends, we are working to complete the jobs of making banks more resilient and tackling too big to fail. We are making markets more robust in order to turn the shadow banking system from a source of risk to a pillar of resilience. And we are changing how we backstop private firms’ liquidity management. These efforts will help set the stage to improve further the supply of credit within the UK.

Let me put my point more succinctly, in the style of the FT 125 years ago. The Bank of England today is the friend of resilient banks, continuous markets, and good collateral; and we are the enemy of taxpayer bailouts, fragile markets and financial instability.

Our circle of friends – like the FT’s readership in its infancy – is expanding. As it does, the UK is helping to renew globalisation to the benefit of all.

OIL celebrates 25 years of doing business in the BVI

OIL commemorated its 25 years of doing business in the BVI with an anniversary cocktail reception in Hong Kong and Singapore on 11 and 18 September 2013.

OIL celebrated this special milestone with more than 300 valued clients and business partners. We were honoured to have the presence of Lorna Smith - Director of BVI House Asia and members from the BVI International Finance Centre and the BVI Financial Services Commission, at our event in Hong Kong.

Speaking to the guests, Lorna Smith said: “Heartiest congratulations to OIL on its 25th Anniversary of a relationship with the BVI, on behalf of the Government and its people. Our relationship has been a very happy one: in fact we often say that OIL was instrumental in launching the BVI’s star in the East! The Government continues to be grateful for the huge contribution that OIL makes to its financial services sector and looks forward to celebrating OIL’s golden anniversary with the BVI.

Martin Crawford, CEO of OIL, remarked, “The BVI is a world-class jurisdiction. Since we launched the first BVI company promotion in 1988, OIL has grown alongside the BVI by catering to the diverse needs of Asian investors with a broader range of solutions. OIL has been the leading company formation specialist in BVI companies in Asia for more than two decades. We thank our clients for their valuable support and loyalty over the years.

Jersey is first with amendment to trust legislation

The latest amendment to Jersey’s trust legislation comes into force today (October 25). The Trusts (Amendment No. 6) (Jersey) Law 2013 further strengthens Jersey’s legislative framework and provides greater clarity for the courts, practitioners and those who work with or benefit through Jersey trusts.

The amendment incorporates into the Trusts (Jersey) Law 1984 the existing law on mistake and the so called ‘rule in Hastings-Bass’, the latter being a legal first within the international trust’s arena.

The effect of the amendment is to confirm the Royal Court’s ability to provide discretionary relief in a number of trust scenarios, e.g. where a settlor has made an error in settling assets into trust, or where a trustee has erred in exercising a power, perhaps failing to take into account matters which should have been considered, or acting on incorrect professional advice.

 Geoff Cook, CEO, Jersey Finance, commented,

 “Since its enactment in 1984, the Trusts (Jersey) Law has proved to be a highly effective and hugely influential piece of legislation.  This latest amendment, only the sixth in nearly 30 years, provides welcome clarity for the Royal Court and for the many settlors, trustees and beneficiaries, all over the world, who enjoy the benefits of having Jersey law as the governing law of their trusts.  The ability for the Royal Court to give discretionary relief when a beneficiary finds itself materially prejudiced by a trustee’s decision - made, perhaps, in good faith but unfortunately founded upon erroneous advice - provides a welcome alternative to the uncertainties and costs which surround ‘classic negligence litigation’. 

With an estimated £0.4 trillion of trust assets under administration in Jersey, this amendment can only serve to further bolster Jersey’s already highly regarded international private wealth offering.

25 October 2013

What a Difference a Ph.D. Makes: More than Three Little Letters

Several hundred individuals who hold a Ph.D. in economics, finance, or others fields work for institutional money management companies. The gross performance of domestic equity investment products managed by individuals with a Ph.D. (Ph.D. products) is superior to the performance of non-Ph.D. products matched by objective, size, and past performance for one-year returns, Sharpe Ratios, alphas, information ratios, and the manipulation-proof measure MPPM. Fees for Ph.D. products are lower than those for non-Ph.D. products. Investment flows to Ph.D. products substantially exceed the flows to the matched non-Ph.D. products. Ph.D.s’ publications in leading economics and finance journals further enhance the performance gap.

Chaudhuri, Ranadeb and Ivkovich, Zoran and Pollet, Joshua Matthew and Trzcinka, Charles, What a Difference a Ph.D. Makes: More than Three Little Letters (October 15, 2013). Available at SSRN: http://ssrn.com/abstract=2344938

22 October 2013

Ile Maurice: Category 2 Global Business Licence company (GBC 2)

La «Category 2 Global Business Licence company (GBC 2)» de l'île Maurice, anciennement dénommée «International Company» est une société non résidente, dont le statut est identique à celui de la compagnie de commerce international des îles Vierges britanniques. Ce type de société offshore, fiscalement non résidente, n'est pas autorisée à exercer des activités commerciales sur le territoire mauricien et et ne peut bénéficier du réseau conventionnel de l'île Maurice. Elle n'est pas autorisée à être en relation d'affaires avec des résidents de l'île Maurice ou à détenir des comptes bancaires en roupies mauriciennes. 

Une GBC 2 constitue la forme juridique la plus répandue car elle peut être créée en deux jours  ouvrés et est exonérée d'imposition mauricienne sur le total des revenus générés à l'échelle mondiale. Jusqu'au 12 juillet 2011, ces sociétés n'avaient pas l'obligation de soumettre annuellement leurs comptes et pièces comptables. Cependant, le droit des sociétés régi par le «Companies Act de 2001» a été modifié en 2011 afin d'imposer la tenue d'une comptabilité aux GBC 2 ainsi que la conservation des documents comptables.

21 October 2013

Mauritius : FSC issues Consultative paper on Competency Standards for Insurance Intermediaries

The FSC is working on the development of competency standards for the financial services sector. The standards development process will be done in a phased approach. The development of the competency standards is being initiated with the insurance sector. The exercise will be extended to licensees in the capital markets, fund management, global business and pension sectors at a later stage.

The FSC is inviting comments on the consultative paper with respect to the development of the competency standards for insurance salesperson, insurance agent and insurance broker.

Please use the comment template and send your comments by email to competency@fscmauritius.org on or before 6th December 2013.

18 October 2013

FSC Communiqué following allegations against Kross Border Corporate Services Ltd

The Financial Services Commission (the “FSC”) was made aware of allegations against Kross Border Corporate Services Ltd (“KBCS”), holder of a Management Licence, in relation to the following companies: Velankani Holdings Mauritius Ltd, Velankani Mauritius Ltd and Velankani Renewable Energy Mauritius Ltd (the “Companies”). The allegations are mainly improper issue of shares, wrongful appointment of directors and irregularities in companies’ documentations.

A complaint by Mr Reddy, shareholder of the Companies, was made to the FSC on 11 September 2012. The complaint emanated basically from a shareholders’ dispute, the inability of Mr. Reddy to have access to records and facing difficulties in transferring files to another Management Company. The FSC intervened with respect to access to records and informed both parties that the transfer of the Companies should be conducted in accordance with the requirements of the laws and as per the constitutive documents of the Companies.

Since the matter was not sorted out between the parties as advised, the FSC enquired into the matter. In the meantime, the complainant made a statement against KBCS for forgery of documents with the Police (the competent authority). Simultaneously, the complainant filed cases before the Supreme Court of Mauritius with respect to all allegations made in the complaint. The FSC was made a party as a Co-respondent in these cases.

The matter relating to shareholders’ dispute is under the consideration of the Supreme Court and the FSC cannot provide further information for matters already sub –judice.

The allegations with respect to the forgery are being investigated by the Police authorities.

According to KBCS, the police seized the companies’ files and other statutory records and it is thus unable to respond to FSC’s queries. However, the FSC is proceeding with the inquiry by liaising with the Police and the other parties within the remit of its regulatory framework and may take appropriate remedial and penal actions as deemed necessary in due course.

The FSC is bound by its duty of confidentiality and cannot reveal any further information during its inquiry.

Financial Services Commission 
18 October 2013

16 October 2013

Salamanca Group Acquires Investec Trust from Investec Bank Plc

Salamanca Group ("Salamanca"), the Merchant Banking and Operational Risk Management business, has together with existing management, acquired the Investec Trust group of companies ("Investec Trust" or "the business"), from Investec Bank plc ("Investec") for an undisclosed consideration. Investec Trust Services currently has over £4.5 billion in assets under administration. The transaction is subject to regulatory approval.

Fenchurch Advisory Partners acted for Investec Bank Plc and Salamanca Advisory acted for Salamanca Group and management.

The business will be run as a stand-alone division, and will be re-branded Salamanca Group Trust Services. It currently has offices in Jersey, Switzerland, South Africa and Mauritius and employs around 100 people, administering some 600 trust structures on behalf of clients. Clients include high net worth individuals and entrepreneurs; financial and professional intermediaries; family offices and corporate entities. Additionally the business regularly partners with specialist legal and tax advisers to achieve bespoke solutions for clients.

Commenting on the acquisition, Martin Bellamy, Chief Executive of Salamanca Group said: "The addition of Trust services has been a strategic objective for Salamanca Group for some time and having undertaken an extensive analysis of the market place, the Group concluded that the acquisition of Investec's Trust business represented the ideal opportunity. We have bought a business with a first class management team and the highest levels of corporate governance."

Avron Epstein of Investec Bank plc said: "As a professional services business we feel the trust company would benefit under independent ownership. We believe Salamanca, together with management, is best placed to take this business forward and to provide certainty and clarity to our clients and people. The professionalism and excellent service our staff have demonstrated throughout is testament to the strength and quality of the business. We wish them all the best and look forward to continuing our mutually beneficial relationship with the trust company."

Salamanca Group Trust Services will offer an innovative and flexible approach to structuring, efficient estate planning, robust asset protection and complete confidentiality; providing solutions that extend across generations, across a choice of financial jurisdictions. Services include:

  • Complex and vanilla trusts, foundations and company structures
  • Multi-family office services
  • Wide experience of holding financial and non-financial assets
  • Experts in working with entrepreneurs
  • Philanthropy

Martin Bellamy added: "Salamanca Group's primary focus is establishing long-term, trusted relationships with our clients. This acquisition provides the Group with another significant medium through which to achieve this, expanding our offering to include a comprehensive range of high-end, tax compliant wealth preservation and succession planning services. There are also clear synergies with our existing business particularly our Advisory and Private Client divisions. There will be no changes for existing clients nor will the other relationships with Investec be affected. We will work with management to build on the business' solid foundations to create the pre-eminent Trust provider, distinguished by our core principles of integrity and agility."

Xavier Isaac, CEO of Investec Trust Division said: "The acquisition by Salamanca Group and our existing management of the Investec Trust Group is a fantastic opportunity to deliver on our vision. High and ultra-high net worth individuals are no longer looking for traditional trust and fiduciary services in an increasingly complex environment. They expect independent thinking and high touch administration services complemented by multi-family office capabilities. By joining forces with a dynamic company like Salamanca Group, we will retain the entrepreneurial spirit that characterised us when we were operating under the Investec banner."

14 October 2013

Investec offshore unit sale to Salamanca nears

Investec, the Anglo-South African investment bank, is in late-stage talks to sell its £4bn offshore investment trust administration business to boutique merchant bank Salamanca.

It is understood that the pair are this weekend close to signing a deal for the transfer of the business, which has offices in locations including Guernsey, Mauritius, and Geneva.

12 October 2013

South Africa: Statement on Auto Exchange Tax Info

Today, South Africa and the United Kingdom have agreed to work closer together to tackle offshore tax evasion, including through pressing for stronger international action. This builds on the strengthening resolve of the G20 to ensure everyone pays the tax that is due.

South Africa will join the pilot scheme for the automatic exchange of tax information launched by the United Kingdom, along with France, Germany, Italy and Spain. This initiative has received growing support worldwide, demonstrating the growing number of jurisdictions committed to quickly implementing the new standard in the automatic exchange of tax information being developed by the OECD.

Greater automatic information exchange will provide a step change in our ability to expose hidden assets and ensure the correct payment of tax. Both South Africa and the United Kingdom strongly encourage other countries to join in this effort.

Greater tax transparency and exchange of information will benefit both developed and developing countries. The G20 has committed to provide technical assistance to developing countries to ensure they can benefit from greater tax transparency, given the importance taxation plays in governance and state-building. As part of this, the United Kingdom and South Africa have committed to a long-term partnership to support the tax capacity building of revenue authorities in the region.

South African Finance Minister Pravin Gordhan said: "The automatic exchange of tax information will contribute to the establishment of a more effective, efficient and fair international tax system. As more countries join this movement, it will ultimately benefit poor countries who are often the victims of organised efforts to undermine their tax bases. In this regard, there needs to be increased cooperation between advanced and developing countries in order to enhance the protection of the tax base of developing countries and to build the capacity of their tax administrations. South Africa has been working with more than 28 fellow African nations through the African Tax Administration Forum (ATAF) to improve the efficacy of their tax legislation and administrations."

UK Chancellor of the Exchequer, George Osborne said: "I strongly welcome this significant step taken by South Africa, which shows the increasing momentum behind stepping up our efforts to crack down on offshore tax evasion. The message to those who attempt to conceal their assets offshore is clear: our resolve is stronger than ever, the net is closing in and the world is becoming a smaller place for those looking to evade their responsibilities by seeking not to pay the taxes that are due."

11 October 2013

Australia - Mauritius Tax Treaty

Notice Specifying the Entry into Force of the Australia - Mauritius Tax Treaty

INTERNATIONAL TAX AGREEMENTS ACT 1953

NOTICE UNDER SECTION 4A SPECIFYING THE ENTRY INTO FORCE OF THE AUSTRALIA – MAURITIUS TAX TREATY

NOTICE is hereby given in pursuance of section 4A of the International Tax Agreements Act 1953 that the Agreement between the Government of Australia and the Government of the Republic of Mauritius for the Allocation of Taxing Rights with Respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments entered into force on 31 May 2013.


Dated this       4th July, 2013 

DAVID BRADBURY

Assistant Treasurer


IMF Working Paper No. 13/205 - Territorial vs. Worldwide Corporate Taxation: Implications for Developing Countries

Global investment patterns mean that effective taxation of foreign investors is of increasing importance to the economies of lower income countries. It is thus of considerable concern that the historical framework for cross-border income tax arrangements is not always well suited to allow low-income countries (LICs) effectively to generate tax revenues from profits on foreign direct investment (FDI). Several aspects of this framework contribute to the problem. This paper discusses, in particular, the likely effect of a shift by major economies from the system of worldwide corporate taxation toward a territorial system on the volume, distribution, and financing of FDI, focusing on LICs. It then empirically analyzes bilateral outbound FDI data for the UK for 2002–10 to determine whether the move to territoriality made corporations more sensitive to hostcountry statutory tax rates. Supporting evidence for this hypothesis is found for FDI financed from new equity.

09 October 2013

Mauritius to plug double tax treaty loophole

The move will make it difficult for firms that unduly use the India-Mauritius double tax-avoidance pact to their advantage

Mauritius : A strategic refocus

Africa is the target of Mauritius's charge to become a stronger investment and financing hub. The government is reviewing its tax treaties with India and South Africa as it prepares to launch a new "ocean economy" to further diversify the island's productive base.

08 October 2013

Human Capital Index: Mauritius Ranks 1st in Sub-Saharan Africa

Mauritius is ranked 1st in Sub-Saharan Africa and is placed at the 47th position worldwide according to the Human Capital Index (HCI) report 2013 of the World Economic Forum (WEF) released last week.

The Index measures countries on their ability to develop and deploy healthy, educated and able workers through four distinct pillars: Education; Health and Wellness; Workforce and Employment; and Enabling Environment. HCI finds Mauritius the highest ranked in the Sub-Saharan region and also among the top 50 worldwide. Other countries in Sub-Saharan Africa that have achieved fairly good performances are Botswana and Kenya at the 2nd and 3rd position with a worldwide ranking of 79 and 81 respectively.

According to the Index, Mauritius has recorded good performances in the overall indicators on Education (50), Health and Wellness (45), Workforce and Employment (64) and Enabling Environment (49) which have contributed positively in making the country featured among the top 50s.

The World Economic Forum’s Human Capital Index assesses 122 countries by measuring contributors to the development of a healthy, educated and able labour force.

07 October 2013

The Africa Report : Is Mauritius a tax haven?

Tax justice campaigners and the Indian government accuse Mauritius of being a base for companies to avoid taxation, but the government insists that it is just a low-tax jurisdiction. Is Mauritius a tax haven? Yes or No? Professor Sarah Bracking and Gemma Ware examine the arguments.

04 October 2013

Mauritius: BOI International Advisory Board holds 2nd annual meeting

The 2nd annual meeting of the International Advisory Board, set up by the Board of Investment (BOI) to assist in graduating Mauritius from a middle income developing country to a higher income developing one, was held this week, under the Chairmanship of the Vice-Prime Minister, Minister of Finance and Economic Development, Mr Xavier-Luc Duval, at Le Labourdonnais Waterfront Hotel in Port Louis.

The aim of the meeting is to allow the members of the Board to reflect on the key sectors and strategies that can be game changers for Mauritius and help the country attain the level of a high-income economy.

Discussions centered on enhancing connectivity as well as leveraging the development of new sectors as global investors are increasingly looking at using Mauritius as their first partner for investing in Africa.

The International Advisory Board is also assisting the BOI in the following areas: to identify and develop future pillars of the economy; to propose policies that will enhance the competitiveness of Mauritius as a global business platform and; to develop a network of contacts that will help BOI reach business leaders who can contribute to the development of the country.

It will be recalled that the first meeting of the International Advisory Board was held in May last year.

03 October 2013

Gesellschaften, die in Mauritius eingetragen werden können

Der Standort Mauritius bietet viele hervorragende Vorteile, wie zum Beispiel ein stabiles politisches und wirtschaftliches Umfeld, eine gute Infrastruktur und gut ausgebildete, mehrsprachige Arbeitskräfte. Das Fehlen einer Devisenkontrolle und gesetzlicher Vorschriften zur Bekämpfung der Geldwäsche, eine zeitgemäße Gesetzgebung zur globalen Geschäftsinfrastruktur und ein seriöses Bankensystem machen Mauritius zu einem höchst attraktiven und freundlichen Investitionsstandort.

Es gibt zwei Kategorien von Gesellschaften, die in Mauritius eingetragen werden können:
Kategorie 1 Global Business Company (GBC 1) und Kategorie 2 Global Business Company (GBC 2).

Kategorie 1 Global Business Company (GBC 1) 

Nach dem Financial Services Act 2007 und Companies Act 2001 ist ein GBC 1 ein Unternehmen mit einer gültigen "Global Business Lizenz", das mit Billigung des Financial Services Act 2007 weiterhin eine anerkannte, qualifizierte, globale Geschäftstätigkeit außerhalb von Mauritius ausübt. Wenn es darum geht, sich die Vorteile der mauritischen Abkommen zur Vermeidung der Doppelbesteuerung durch eine Qualifizierung für den Steuerwohnsitz auf Mauritius zu Nutze zu machen, wird eine Firma normalerweise als Niederlassung einer Auslandsgesellschaft eingetragen, von einer GBC 2 in eine GBC 1 umgewandelt oder als GBC 1 einer anderen Gerichtsbarkeit fortgeführt.

Unternehmen mit folgenden Tätigkeitsbereichen können sich für eine GBC 1 Lizenz qualifizieren: 

Vermögensverwaltung 
Beratungsdienstleistungen 
Arbeitsvermittlungs- und Beratungsdienstleistungen 
Finanzdienstleistungen 
Kapitalmanagement 
Dienstleistungen der Informations- und Kommunikationstechnik 
Versicherungen 
Lizensierung und Franchising 
Logistik und/oder Marketing 
Operative Firmensitze 
Rentenfonds 
Schifffahrt und Ship Management Handel 
Auch andere qualifizierte globale Geschäftstätigkeiten können von der Finanzservice-Kommission genehmigt werden

Kategorie 2 Global Business Company (GBC 2) 

Gemäß dem Financial Services Act 2007 kann eine GBC 2 mithilfe der Financial Services Commission auch in Mauritius gegründet werden und ihre Geschäftstätigkeit mit Personen ausführen, die alle außerhalb Mauritius wohnhaft sind. Eine GBC 2 hat ihren Steuerwohnsitz nicht in Mauritius und ist daher von der Steuer befreit. Eine GBC 2 A ist nicht berechtigt aus dem Abkommen zur Vermeidung der Doppelbesteuerung zu profitieren und unterliegt keiner Berichterstattungspflicht in Mauritius.

Die folgenden Geschäftstätigkeiten qualifizieren für eine GBC 2 Lizenz: 

Internationaler Handel 
Beratung / Fachdienstleistungen 
Schifffahrt und Ship Management 
Fakturierung 
Arbeitsvermittlungs- und Beratungsdienstleistungen 
Auch andere qualifizierte globale Geschäftstätigkeiten können von der Financial Services Commission genehmigt werden.

02 October 2013

Productivity by the numbers: The New Zealand experience

This Research Paper provides a comprehensive assessment of New Zealand’s productivity performance for the whole economy and for individual industries. It describes New Zealand’s productivity performance through time and in comparison to other OECD countries. The focus is on illustrating productivity trends.

The paper’s overall finding of a generally poor productivity performance – both at the economy-wide and industry levels – underscores the need for New Zealand’s policy environment to be strongly supportive of productivity growth and for firms to have a clear focus on improving productivity.

Many initiatives to improve productivity are also industry specific, requiring a detailed understanding of productivity performance at this level. The paper provides that perspective and is intended to be a helpful resource for policy-makers and industry leaders. It also provides an important foundation for deeper debate on New Zealand’s generally poor productivity performance.

01 October 2013

Offshore Investment (October 2013) : The legitimacy of tax planning

The blurring of the distinction between tax avoidance and tax evasion may be a cynical attempt by governments and revenue authorities to seek to prevent individuals and corporations from maximising their tax savings by the use of legitimate tax planning properly permitted by the law. Key terms like "tax avoidance", "tax planning" and "tax mitigation" are really important basic building blocks in respect of an understanding of domestic and international taxation, and they are not sufficiently clearly understood or defined. We need to have these terms better understood and clearly defined, particularly at governmental and inter-governmental levels.

Offshore Investment (October 2013) : What you need to know about setting up an offshore trust for a Chinese HNWI

Offshore trusts are becoming very popular among Chinese high-net-worth individuals (HNWIs) because they offers much more protection, flexibility, privacy and certainty than Chinese domestic trusts do.  Offshore trusts were initially mainly used as part of pre-IPO planning for so-called Red Chip companies.  “Red Chip” companies refers to companies that are mainly owned by Chinese entrepreneurs, organised under the law of a typical offshore financial centre such as the Cayman Islands, and listed on a major foreign stock exchange such as the Hong Kong stock exchange or the NASDAQ.  The businesses of those companies are solely or mainly based in China.  As the global capital market has slowed down in recent years and as more Chinese HNWIs have realised the unique benefits of offshore trusts in the areas of asset protection and succession planning, the number of Chinese HNWIs using offshore trusts for wealth planning is increasing rapidly. 

However, setting up an offshore trust for a Chinese HNWI can be a complex task as a result of Chinese legal and tax constraints.  This article provides an overview of the significant restraints and provides some solutions for working around them.

Offshore Investment (October 2013) : London Homes for the World’s Elite - at what cost?

The UK's property market is a curious thing - whilst property prices in most parts have been more or less stagnant over the last few years, the prime and super-prime markets in London have been storming ahead.  Of course, for most ultra-high-net-worth individuals, particularly foreigners, London is the UK and they would not consider buying property anywhere else. 

It is also interesting to see where the buyers are coming from. Only one third of super-prime properties are acquired by UK nationals - the rest is acquired by foreigners. Russians and those from the CIS lead the pack at 18.6%, with the Middle East at 15.4%, Asia Pacific at 9.9% and the balance being Europe, North America and so on.  Since so many buyers are foreigners the issue of tax is an important one. 

London may be seen as a safe haven - both politically and economically – but buyers are not blind to the costs of acquiring property there and will take into account exchange rates, taxes and other costs before deciding to buy.

James Quarmby examines the various costs of acquiring, holding and disposing of properties for both UK and non-UK based buyers.

Mauritius: Key Repo Rate Maintained at 4.65 per cent

The Key Repo Rate has been maintained at 4.65 per cent per annum following a meeting of the Monetary Policy Committee (MPC) of the Bank of Mauritius held on September 30 in Port Louis.

The rationale of this decision is based on the need for the MPC to provide continuous support to the economy against the backdrop of contained inflation, which they expected to remain below the Bank of Mauritius (BOM) forecasts.

The MPC observed that based on a projected impact on the Consumer Price Index for Budget 2014 and on the basis of no change in the monetary policy stance, BOM forecasts year on year inflation will remain within the range of 4.5 per cent to 4.9 per cent by December 2013, before rising to a range of 4.9 per cent to 5.5 per cent by June 2014.

Furthermore, the MPC noted that year on year inflation has declined sharply to 3.1 per cent in August 2013 after revolving around 3.6 per cent since February 2013 owing to muted food and fuel prices. Wage developments in excess of inflation and productivity gains continue to remain the main upside risk to inflation in the medium term.

On the same line, domestic economy continues to face some headwinds from economic conditions in main trading-partner countries and the output gap is projected to remain slightly negative. The Committee noted that Statistics Mauritius revised its growth forecast from 3.3 per cent to 3.2 per cent for 2013. BoM forecasts indicates that domestic growth in 2013 will be within a range of 3.1-3.5 per cent, slightly down from the projection of 3.2-3.7 per cent, made at the previous MPC meeting.

Regarding the global economy, the MPC noted that it has improved slightly since its June 2013 meeting with some improvement in the US economy although the outlook remains clouded by the fiscal deadlock. The UK has picked up within the euro area and Japan has returned to positive growth while in several major emerging economies, including China and India, growth has slowed and looks unlikely to return to previous highs, added the MPC. Concurrently, global inflation has been broadly benign, below target rates in developed economies but some emerging economies have recorded an increase in inflation as a result of depreciating currencies.

In the light of this scenario, the MPC maintains strong vigilance in monitoring economic and financial developments and stands ready to meet in between its regular meetings, if the need arises.

Mauritius: Contribution of GBC 2 to economic substance

In order to create more economic substance, the Financial Services Commission has been enhancing its look-through approach in licensing. Restrictions applied to Category 2 Global Business Company may be waived, if the latter can demonstrate the following:
  • the holders/ applicants for a Category 2 Global Business Licence is within a group structure resident in Mauritius; 
  • a tangible business purpose beyond tax-motivated structures; and 
  • strong economic effects of the proposal – whether the proposal will generate revenue in Mauritius, is likely to create employment in Mauritius or may impact on the development of the country. 
It is strongly believed that the Mauritius IFC as a viable and sound jurisdiction will only stand a chance if the development of Mauritius, as an economy is sustained.

Mauritius: Amendments to the FSC Guide to Global Business

Mauritius confirms its status as a jurisdiction of substance. Section 3 of Chapter 4 of the Guide to Global Business was amended in September. The amendments to the Guide require Category 1 Global Business Companies (‘GBC1s’) to have presence which can be reasonably expected from a corporation managed and controlled in Mauritius. In addition to existing requirements, other conditions which will be considered by the FSC include inter alia: having office premises, holding assets, employing staff and using the services of local providers. The GBC1s have to comply with these new requirements by 1 January 2015.

Mauritius: The Protected Cell Companies (Amendment of Schedules) Regulations 2013

The item "External Insurance Business" and its corresponding entry in the Schedule to the Protected Cell Companies Act has been deleted and replaced by the following item and its corresponding entry:
  • Insurance business
    Corporation engaged in insurance business, including external insurance business and captive insurance business under the Insurance Act.

         Restriction: Subject to a Category 1 Global Business Licence issued under the Financial Services Act and to a licence issued under the Insurance Act.

Following this amendment, Category 1 Global Business Corporations ("Corporation" has the same meaning as in the Financial Services Act) structured as Protected Cell Companies may hold Long-Term Insurance Business licences, General Insurance Business licences, External Insurance Business licences or Professional Reinsurer licences under the Insurance Act. Moreover, just like other Category 1 Global Business Corporations, they will be able to deal with residents of Mauritius subject to meeting the requirements of the Financial Services Act and such terms and conditions as the FSC may determine.

IFC Review: FATCA - Predictions of Implementation Failure Proving True

Denis Kleinfeld examines the impact FATCA has had on the global financial industry, and why predictions that FATCA could not be implemented are proving true.

IFC Review: Due Diligence Fails

Burke Files discusses the problem of due diligence in government and why the best due diligence systems provide an open and authentic exchange of information.

IFC Review - Tax Competition and the Myth of the ‘Race to the Bottom’: Why Governments Still Tax Capital

Vera Troeger discusses the myth of the ‘race to the bottom’ as governments are forced to compete for mobile resources by providing business friendly conditions.

IFC Review - Global Tax Reporting: US and UK FATCA

Debbie Payne discusses the global exchange of tax information, which has been the subject of increasing media coverage over the past year as governments seek to increase tax revenues in the face of the financial crisis.

IFC Review: Conduits in the Dutch Offshore Industry - Position Paper by Dutch Ministry of Finance

Leo Neve examines a position paper by the Dutch Secretary of Finance, which discussed international tax avoidance through the interposition of service companies.

IFC Review: What the Future Holds for Swiss Privacy and Private Banking

Herman Krul discusses changes in the political and economic position of Switzerland in the past two years, where the country has continued to produce positive growth figures despite currently being in a transition period.