15 September 2016

Offshore Pilot Quarterly (September 2016, Volume 19 Number 3)

Preamble

September’s quarterly mostly comprises extracts from the speech which I gave this month at Jesus College in Oxford when the 26th annual symposium, organised by Offshore Investment magazine, was held. Regular readers will be familiar already with the key themes and thoughts interwoven into the text. History, however, takes a back seat this time, despite my belief, like Winston Churchill had, that “a good knowledge of history is a quiver full of arrows in a debate”.

Despair and Extinction

Every year James Ward puts on the Boring Conference. What are some of the topics? One talk was about sneezing and another about electric hand-dryers. This is most certainly not a symposium about boring things as you have already discovered. James says that the trick to giving a boring speech is that even if the title is breathtakingly bland, like mine, the content shouldn’t be. I will attempt to meet his standards.

In 2013 here in Oxford I quoted Woody Allen, that sage of the cinema, at the start of my talk. I felt it appropriate. Regrettably, I still do. “More than any other time in history, mankind faces a crossroads. One path leads to despair and utter hopelessness, the other to total extinction. Let us pray we have the wisdom to choose correctly”.

Having said that, the optimism was palpable concerning Brazil three years ago and with the demise of Hugo Chávez that year a ray of light shone momentarily that Venezuela might emerge from the political pit which it had fallen into. Today the Brazilian basket case is all too apparent to see by everyone and rather than the Olympic Games, it is the political fun and games that most Brazilians are focused on. As for Venezuela, that pit has just got deeper.

Argentina, however, appears to have found a saviour and Perú a wise head on old shoulders, but as for Venezuela, Nicolás Maduro, an ardent Hugo Chávez acolyte, who is now president, has not secured a firm political footing; quite the opposite, he seems to be caught in quicksand with just one inevitable result as he flails his arms. The likes of Argentina have cast off the yolk of leftist dogma. Mauricio Macri, a right wing business tycoon, and Argentina’s new president, in the first two months in power had more than 27,000 civil servants fired; duties on mining exports have been removed and state subsidies on essential services have been lifted. We’re talking macri economics versus macro economics. He is sweeping clean after the populist rule by Cristina Fernández and her late husband, Néstor Kirchner. Macri may have been president of Boca Juniors football club in Buenos Aires for 12 years but he has no intention of playing ball with the old political establishment. Further north and for the first time in over a decade a Venezuelan president, in this instance Nicolás Maduro, a clone of Hugo Chávez, is confronting a first ever opposition-controlled parliament. And President Rafael Correa in Ecuador has faced staged mass protests by the country’s indigenous and workers movement.

But despite politics and economics representing a seesaw on the subcontinent, one which has no handles to hold on to, the region continues to play a more international role so understanding the Latin psyche will become increasingly relevant for both businessmen and those foreign professionals who see the subcontinent as a new and profitable frontier.

Machiavelli speaks of the unremitting malice of fortune; certainly the economies across the world have been, and continue to be, hostage to it. None more so than those in South America. It’s biggest economy, Brazil, is experiencing a recession with such a ferocity not known in more than three decades, some say ever, and with the accompanying political pantomime only in the first act, there is no clear end in sight: whose legs are guiding the pantomime horse?

Brazil’s economy is far from solid: more like the consistency of a soufflé with street protestors demanding “More Argentina, less Venezuela”. In June the government reported that GDP had contracted 0.3 per cent in real terms in the first quarter of this year and it is 5.4 per cent smaller than it was a year earlier. The country has an interim president whilst Dilma Rousseff battles impeachment charges which may have been resolved or not before I deliver this talk. Economic and political uncertainty permeates every corner of society. A poll released in April showed that 63 per cent of respondents across this huge country described Dilma Rousseff’s government as “bad or terrible”. 

Michael Temer, the interim president, like President Macri, wants to introduce sensible economic policymaking. Public spending is a challenge, not to mention reforming archaic labour laws and the Byzantine tax code. All very well, but the interim president has himself been implicated in past corruption scandals and who is a constitutional lawyer having been a congressman since 1987. Let’s just hope that his own personal constitution can handle the heat.

In 2015 the economy shrank by 3.8 per cent, its worst annual performance since 1981. Inflation was nearly 11 per cent at the end of last year, a 12-year high, and unemployment reached 9 per cent. GDP is expected to decline by a similar rate as it did in 2015. Unemployment and inflation is expected to continue to rise, just like the anger of the people who, not unlike many citizens in the West, have become acutely aware of the demarcation line between themselves and the rich.

This is a country with a government that needs to refer to a dictionary to grasp the clear meaning of efficiency. A survey in June published by IMD, a Swiss business school, placed Brazil last out of 61 countries in the efficiency of its government, and behind, would you believe it, not only war-torn Ukraine, but venal Venezuela.

I’ll be returning to general developments but as wealth generation is today’s focus I want to look at wealth creation in Latin America. To do so requires a glance at history to understand that much of the wealth in Latin America is rooted in old wealth created by and concentrated in a few families. I have included an essay entitled “Latin America: into the mainstream” in my working papers which will give a taste, a feel of this vast region’s people via its history, past isolation and culture.

The countries comprising Latin America, not dissimilar to Europe, bar less languages, are distinct. Just like Cinderella’s ugly sisters, therefore, one size of shoe does not fit everyone, anymore than it does in Europe.

A Proud People

Latin America has left obscurity behind with a new sense of strength and confidence. The controversial Cecil Rhodes who looks down upon us from Oxford’s Oriel College and is the founder of the country where I spent my youth, said that “to be born an Englishman is to win first prize in the lottery of life”. Students have protested about the era he represents and their protests are but one more symptom of the current awareness of the chasm between the prosperous and the poor which has created a bias and suspicion regarding offshore centres and their uses, especially concerning taxes.

The peoples of South America share Rhodes’ sentiment in the love of their own particular country, if not his imperialism. Of course, we all share universal values and so Latins are not aliens from another planet. Their basic objectives and needs are just the same as ours; it is only that their priorities may differ to some extent from our own. 

According to Julius Bär, Latin America is the fourth largest wealth region in the world. The middle class has expanded along with the region’s economies and this new base of consumers has meant profit for the wealthy enterprising businessman.

In 2014 the population of billionaires grew by 38 per cent, from 111 to 158; that was the fastest rate than anywhere else in the world, including Asia. A large number live in Brazil, Mexico, Chile and Peru, in that order. Carlos Slim from Mexico, the telecommunications tycoon with heavy investments in real estate and a variety of industries, was once the richest man in the world, but he still heads the Latin American list.

It is important to consider each country’s governance – even if politically the picture is good. Latin America, for example, has issues surrounding transparency, legality and fairness. Investors - be they individuals or multinational companies from abroad – have to accept the differing levels of enforcement of those three factors across the region. In particular, for commercial or industrial enterprises it is possible that any litigation that arises could take years to resolve. In this regard, Brazil remains near the bottom of the World Bank’s index for ease of doing business in Latin America; already its complex tax code and labyrinth of regulation presents a daunting challenge. Brazil has been known to have had, for instance, over 23,000 changes in its tax system in one year.

At the end of the day, for the South American businessman, his objectives and needs usually come down to protecting his assets and ensuring that his wealth remains in the family while agreeing with Anton Chekhov that every person lives his real, most interesting life under the cover of secrecy. The Common Reporting Standard is, therefore, an anathema, a threat to this code of secrecy.

If there is an unwillingness to place much reliance on governments, there is an equal degree of scepticism regarding the law. In looking at the justice systems it is perhaps wise to remember the words of the Greek statesman and poet, Solon: “Laws are like spiders’ webs: if some light and powerless thing falls into them, it is caught, but a bigger one can break through”. That sounds appropriate when considering America’s co-operation with the Common Reporting Standard. [Please see September’s Latin Letter].

Business (Not) as Usual

The fall out between the United Kingdom and the European Union reminds us that Latin America doesn’t claim sole rights to enormous sudden political shifts. Old-order politics, not just in Latin America, are being increasingly criticised and shunned by electorates. Similarly, citizens worldwide are expressing resentment over tax dodgers, voicing loudly their aversion to evasion which has often been linked with the very wealthy, a group during this period of changing political and social trends, seen to be the real benefactors of liberal capitalism and which because of that, have made the Panama Papers poisonous, a subject I have included in my conclusion. The average CEO in the US earns 335 times the wage of the average worker.

What of external affairs that affect Latin America? America’s populist leanings concern Latin America. Meanwhile, China – and it is both China and the US relations with Latin America that carry most weight – continues, as it always has, to maintain its impassive Sphinx-like stance. The rise of China in Latin America versus the weakening of the US influence that is closer to just treading water, is common talk these days but we should remind ourselves that the region with its population at over 600 million is an important trade area for US-based companies with US producers exporting over three times as many products there than to China. If you exclude Mexico, Central and South America have purchased over 50 per cent more goods from the US than China.
Conversely, it has traditionally been South American commodities that the Middle Kingdom has centred its relationship on. This, however, is changing.

It should be remembered that Canada (first) and Mexico (third) are America’s leading trade partners and together count for around 40 per cent of US global commerce. In Mexico’s case, it is responsible for about 60 per cent of all US trade with Latin America.

Last year, before Brazil’s fall from grace, the two Latin countries which were the economic powers in terms of GDP were Mexico and Brazil; Colombia can be included, with reservations, due to its encouraging economic development and expanding economy.

Brazil with its continental size and a population exceeding 200 million is an attractive trade partner whereas Mexico has two advantages: its proximity to the US and the key role it has in the North American Free Trade Agreement with the US and Canada. The tres amigos, a Spanish spin on describing the countries’ leaders, met this June in Canada when President Obama was emphatic that a Trump presidency would not derail their crossborder ties. This was the US president’s final NAFTA summit meeting.


A day before the summit, however, Donald Trump lambasted the NAFTA treaty, calling it a disaster. No friend of Mexicans, threatening a wall, reminiscent of former East Germany, to keep them out, Trump has had his style of politics likened to that of dictators such as Hitler and Mussolini, who were also showmen, although far more dangerous, who also exploited the impoverished and disgruntled, and said what their audiences wished to hear. Mexico may be America’s next-door neighbour but, ironically, it could wind up being, philosophically, more distant from it than Chile’s Tierra del Fuego if a president Trump followed through on his threat and goes after NAFTA.

Going to Shell in a Basket

“Politics and Principles: A Man’s Need to Blush”, which is the title of this month’s Latin Letter, contains the essence of the remainder of the speech and will help you understand the significance of these words written by Adam Szubin, acting undersecretary for terrorism and financial intelligence, Department of the US Treasury: “But there is a money laundering method that is less exotic yet every bit as dangerous: shell companies incorporated in the United States”. It is a method, of course, ideally designed for tax evasion as well.

Offshore Pilot Quarterly (independent writing for independent thinkers) has been published since 1997 by Trust Services, S. A. and is written by Derek Sambrook

Latin Letter (September 2016) - Politics and principles: A man’s need to blush

The 2016 Latin American Economic Outlook, published by the United Nations and the OECD, records that China, based on 2014 statistics, is the second-biggest user of the Panama Canal after the US, accounting for 23.5% of the cargo transported.  China’s foreign direct investment in Panama, with a population of less than 4 million, has averaged USD106 million over the last few years, focusing on ports, shipping, banking and commerce.  This was all before the canal expansion project when in June two new locks came into operation which are expected to double the canal’s capacity.  The larger ships, known as “Neo-Panamax” which can now pass through the canal, are able to each carry amounts of cargo that would (approximately) require the equivalent of 18 trains, or 5,800 trucks, or 570 cargo aeroplanes.

14 September 2016

Mauritius: Launch of new African office to support Nixxis’ international growth

Nixxis is pleased to announce the opening of its new head office in Mauritius. Nixxis will use this new location to expand operations across the African and Asian regions, engage closer with customers and encourage businesses in these booming economies to adopt the best contact center solution in the market.

"Nixxis is the fastest growing and most innovative software company in the industry. Our new office in Mauritius will allow us to be more effective in responding to the needs of our African and Asian customers and their future requirements”, according to Nixxis CEO Luc F. Jacobs.

Having a remarkable experience working with African and Asian companies, Nixxis supports a great number of customers, including banks, insurance firms, telemarketing call centers, e-commerce enterprises and BPO’s. Nixxis is assisting local contact centers with innovative solutions allowing them to automate their business processes, build strong customer relations and meet growing customer demands.

Analyzing market trends which have signaled a strong requirement for Nixxis services, the management team made an informed decision to establish ourselves in this exciting new location. Nixxis’ Mauritius office will offer customers in the region with the latest contact center technology and effective training programs to support projects of any complexity”, explains Head of Professional Services, Nicolas Boussaroque. “What specifically sets Nixxis apart from other producers is that we always provide more efficient, competitive and industry aligned products to enable superior customer experience.

Operating in a fast paced environment, African and Asian companies look forward to improve operational excellence and their demand for underlying contact center solutions is stronger than ever. Taking into account the specific market characteristics, Nixxis delivers its Contact Suite v2.3 which is perfectly scalable for the regional contact centers' needs enabling them to significantly increase customer satisfaction.

Nixxis starts a new facility in Mauritius to encourage the region’s continued economic growth by providing new business opportunities. We will help our clients to implement ultimate business solutions that will make them competitive enough to stand out in the market. We are glad to offer top notch software allowing African and Asian contact centers to remain at the forefront of their industries”, stated Luc F. Jacobs.

13 September 2016

Disrupting Africa: how businesses, policymakers, investors and start-ups can embrace new technology to transform the continent

A digital revolution is underway in Africa with growing affordability, accessibility and untapped demand driving rapid advances across the continent. Digital disruption is well placed to support future economic growth in Africa, but the reach and benefits of this growth need to be more evenly spread.

A new report by PwC, Disrupting Africa: Riding the wave of the digital revolution, identifies ways in which businesses, disruptors and policymakers can embrace new technology while providing the infrastructure and capacity needed to ensure digital disruption is genuinely transformational in realising Africa’s economic potential.

For mainstream businesses, making products and services cheaper, more accessible and easier to use will unlock technology for the “global emerging middle”, which PwC estimates will make up $6 trillion of the global market by 2021. With more than two billion consumers, the global emerging middle (annual income $996 - $3,945) sits just below the conventional middle class in income terms, but its aspirations for quality, high performing products are in sync with higher segments.

Joel Segal, chair of PwC’s Africa business group, comments:
Technological disruption is transforming markets and societies across Africa in ways that wouldn’t have been possible even five years ago. This opens up huge and largely untapped commercial potential for domestic and international businesses. From the demographic dividend of a young and rapidly expanding population, to the fastest growing middle class of any continent – Africa has the potential to become a new powerhouse of production and consumption in the 21st century, just as Asia was able to do in the late 20th century. 
By broadening their outlook, businesses can dramatically increase their pool of potential customers, as well as giving a large proportion of Africa’s population access to products and services that would have been beyond their reach before. 3D printing is already enabling the manufacturing of everything from prosthetic limbs and precision tools in remote locations.
Businesses and policymakers can use advances in technology to break down physical barriers, improving local knowledge, infrastructure and access to remote communities. 

Drones offer one solution: PwC is developing a fleet of surveyor drones to help clients monitor infrastructure, manage construction sites and carry out insurance assessments. The drones are also being used to support town planning for SmartCities, such as Lagos city council, by mapping building and land usage, formal and informal, in urban areas. The data collected will help local governments verify property ownership, improve postal services and collect taxes on unregistered properties.

Joel Segal says:
Drones offer opportunities for both businesses and government to accumulate and share data, combining resources to better estimate where populations are concentrated, areas where deprivation is most severe and consequently where to target investment and services. 
While delivery drones don’t tackle the underlying problem of Africa’s need for better roads and transport networks, they can deliver critical medicines to remote villages in Africa while surveyor drones play a part in finding a solution.
Governments can also use technology to strengthen trust and combat corruption. One example is through using Blockchain technology which creates a permanent and unchangeable record of every transaction and information exchange between different parties. Policymakers could use this to provide transparent and tamper-proof records of public spending and official documentation.
Disruptors and start-ups can also benefit from collaboration, particularly through the sharing economy, which is a familiar concept in a continent whose economies are based on close personal ties and the pooling of resources.

While well-known sharing economy platforms like Uber are already established in Africa, there are now more and more home-grown rivals. Many thousands of Africans run one-person businesses, from driving taxis to repairing machinery and clothing. While their ability to sell their services previously depended on their local network and word of mouth, connectivity allows sole traders and small businesses to share their labour and capital with a much larger audience.

Joel Segal comments:
Disruptive technology in Africa has been most successful when it helps tackle local issues. Bitcoin which enables SMEs to make quicker, cheaper and more secure international payments that consumers trust has been very well received, as has distributed solar power that cuts the cost of energy and provides power to households off-grid.
The sharing economy model allows small African entities to trade beyond the previous confines of their locality and grow their businesses at a pace and scale that simply wasn’t conceivable before.

Super Sushi Ramen Express - One Family's Journey Through the Belly of Japan

Japan is arguably the preeminent food nation on earth; it’s a mecca for the world’s greatest chefs and has more Michelin stars than any other country. The Japanese go to extraordinary lengths and expense to eat food that is marked both by its exquisite preparation and exotic content. Their creativity, dedication, and courage in the face of dishes such as cod sperm and octopus ice cream are only now beginning to be fully appreciated in the sushi and ramen-saturated West, as are the remarkable health benefits of the traditional Japanese diet.


Food and travel writer Michael Booth takes the culinary pulse of contemporary Japan, learning fascinating tips and recipes that few westerners have been privy to before. Accompanied by two fussy eaters under the age of six, he and his wife travel the length of the country, from bear-infested, beer-loving Hokkaido to snake-infested, seaweed-loving Okinawa. Along the way, they dine with—and score a surprising victory over—sumo wrestlers, pamper the world’s most expensive cows with massage and beer, share a seaside lunch with free-diving female abalone hunters, and meet the greatest chefs working in Japan today. Less happily, they witness a mass fugu slaughter, are traumatized by an encounter with giant crabs, and attempt a calamitous cooking demonstration for the lunching ladies of Kyoto.


India to get tax, banking related info from Seychelles

Aiming to curb tax evasion and avoidance, India has operationalised the Tax Information Exchange Agreement (TIEA) with Seychelles, one of the major sources of foreign investment into the country.

The New Ecosystem Of The Mauritius International Financial Services Centre

It is a fact that any financial instrument cannot exist in isolation, neither can any proposed policy with regards to the sector. The recent budgetary measures with regards to the financial sector, actively promoted by the FSPA, represents a new ecosystem for the sector. A much needed one with more substance.

The previous model encompassed mostly, banks, used primarily as parking space for funds, management companies, lawyers and auditing firms. That model gave Mauritius the bad image of a tax haven, wrongly most would say, nevertheless there has been few cases which spoilt the basket of eggs.

The New Ecosystem Of The Mauritius International Financial Services Centre

11 September 2016

Le Guide de Sulitzer: Île Maurice et Rodrigues

La première Edition du Guide de Sulitzer se consacre à l’Iles Maurice & Rodrigues. Les articles rédiges mettent en scène des perspective géographiques et sociologiques afin d’y insérer des personnages qui sont en prise avec la vie, les mutations et des enjeux de survie. Quelles que soient les réalités décrites, chaque histoire est abordée avec des personnages qui apportent une dimension positive.


La déclinaison s’articule en tenant compte des décors, gouts, sonorités, senteurs et matière qui sont des vecteurs pour raconter la vie mauricienne. Ces vecteurs offrent une sensualité permettant de mettre en scène des personnages et leurs histoires personnelles, leur démarches individuelles dans la manière d’apprivoiser des réalités évolutives ; du paradoxe des traditions à transmettre en empruntant d’une passe et des origines parcellaires et la capacité à adapter ce passe à la modernité et les exigences du métissage.

09 September 2016

Ile Maurice - 1er Colloque international du Trust et de la Fiducie: la transmission patrimoniale

Le premier Colloque sur les Trusts et Fiducies se tiendra les 13 et 14 Septembre 2016, dans l'île paradisiaque de Maurice. Cette rencontre est organisée conjointement par l'Association des notaires de l'Ile Maurice (ANM), l’International Task Force  Civil Law - Common Law (ITF) et le Conseil Supérieur du Notariat Français (CSN), sous l'égide de l'Union internationale du Notariat.

Reconnaissant l'intérêt croissant dans le mécanisme fiduciaire du Trust et dans la fiducie non seulement en Common Law, mais aussi en Droit Civil et dans les pays connaissant le bi-juridisme, les organisateurs ont préparé un colloque d'une grande importance pour les notaires, les avocats, les conseillers en gestion de patrimoine et les institutions judiciaires elles-mêmes.

En Common Law et dans certaines juridictions de Droit Civil, les trusts et la fiducie sont utilisés pour un grand nombre d'objectifs. Compte tenu de cette grande polyvalence, le colloque limitera son étude au trust, à la fiducie et aux institutions structurellement analogues créés volontairement dans les juridictions de droit civil (par exemple, par acte juridique aux fins de transmission des biens en cas de décès).

Les conférenciers aborderont les thèmes suivants, en particulier:
  • Les caractéristiques de base du Trust de Common law, de la fiducie et des institutions structurellement analogues dans les juridictions de Droit Civil.
  • La reconnaissance du Trust de Common Law dans les juridictions de Droit Civil, par exemple, dans le cas où le défunt avait créé un trust dans une juridiction de Common Law, et où la loi d'une juridiction de droit civil régit la succession.
  • La reconnaissance de la fiducie de Droit Civil et des institutions analogues dans les juridictions de Common Law, par exemple, dans le cas où la fiducie a été établie par le notaire dans un acte authentique.
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08 September 2016

Sans domicile fisc

Évasion, optimisation fiscale et fraude font perdre chaque année entre 60 et 100 milliards d’euros au budget de la France et plus de 1 000 milliards en Europe. Conséquences de la lutte molle de nos gouvernements, l’école, la culture, l’hôpital, la justice, les équipements publics, les collectivités perdent des moyens pour répondre aux besoins des citoyens. Cette austérité qui mine l’État gangrène la démocratie et ouvre la porte aux extrémismes.

Et si l’on passait des paroles aux actes ? Deux frères, l’un député, l’autre sénateur, tous deux nordistes et maires de leurs communes, hommes politiques de terrain et militants engagés, font bouger les lignes dans le cadre de leur mission sur la piste des « sans domicile fisc ». Décryptage et démontage des paradis fiscaux par ces experts, tous deux rapporteurs de commissions d’enquête parlementaires sur le sujet, ce livre s’appuie, notamment, sur leur dialogue inédit avec des personnalités de toutes sensibilités, à travers une série d’interviews-témoignages. Au-dessus des positions partisanes, ils analysent ici des mécanismes de spéculation et préconisent des mesures directes concrètes pour la France, pour l’Europe, pour le monde.

Mauritius Is A Place For Consolidation Of Investment For A Fragmented Market

There is a general consensus in Mauritius that the jurisdiction has all the attributes to become an International Financial Centre.  Mauritius has a diversified economy and is geopolitically well positioned to act as an investment and trading bridge between Africa and Asia. Mauritius has also built, over the years of being the investment structuring platform for India, an eco-system for the structuring of regional headquarters for enterprises doing business in Africa. When you look at Africa today, you have 54 different countries and Mauritius can be a place for consolidation and centralisation for investment and trade for a fragmented market.

Financial Services Institute: Capacity Building To Create The Right Human Competencies For The Right Profession

The setting up of the Financial Services Institute (FSI) as announced in the Budget 2015/16 is a substantial stride onward for the development of Mauritius as an IFC. This initiative goes in line with the ambition of the government of Mauritius to further diversify and enhance the financial services industry. As Mauritius aims highly to move beyond as a tax-centric jurisdiction, the focus on offering value-added services and new financial opportunities is a decisive step in the phase of its development.

Mauritius IFC Set To Re-Invent Investment Climate

The white palm-fringed beaches and lagoons of Mauritius have earned it a deserved and much envied reputation as a high-end tourist destination, but this beautiful volcanic island in the Indian Ocean has much more going for it than that. Once reliant on sugar as its main crop export, Mauritius has in recent years successfully diversified its economy and is becoming almost as well-known as a hub for the international financial services sector, and particularly for investors with eye on Africa.

FSC Mauritius issues Addendum to Circular Letter CL031215 regarding Off-Site Supervision Procedures

The Financial Services Commission, Mauritius (FSC Mauritius) refers to the Circular Letter CL031215 issued on 3 December 2015 regarding Off-Site Supervision Procedures.

The FSC Mauritius is hereby amending section 6.4 of Circular letter CL031215 as follows:

"No MC/RA shall refuse to handover the files and documents pertaining to the GBC to the incoming MC/RA for non-payment of fees (including transfer/exit fees), unless otherwise specified in the services agreement signed between the MC/RA and the GBC."


05 September 2016

How to protect your African investment with a dispute resolution mechanism

Foreign investments tend to involve complex contractual documentation. Given the desire of most investors to have their disputes resolved in a neutral forum, international arbitration tends to be the preferred method of dispute resolution for agreements involving investments in Africa.

01 September 2016

IFC Review: Panama Papers – some perspective from the Cayman Islands

Ian Huskisson and Neil McLarnon examine the fallout from the Panama Papers, providing a Cayman Islands perspective on implication of the leaks.

IFC Review: US Tax Enforcers React to The Panama Papers

Scott D Michel and Arielle M Borsos examine how US tax enforcers have reacted to the Panama Papers leak.

IFC Review: The Undertaker of Panama

Marcus Killick highlights the double standards shown by critics of the offshore industry following the leak of personal data in the Panama Papers.

28 August 2016

MIT|Blockchain Reports

In line with the Massachusetts Institute of Technology’s mandate to advance knowledge in areas that will serve to address the 21st century’s great challenges, by focussing on fields of scholarship that will best serve the world, MIT has recently released a number of reports on the impact of blockchain technology on financial services.

Blockchain & Financial Services: The Fifth Horizon of Networked Innovation

This report promises to close any gaps in your understanding of where the world of blockchain is today, where it’s going, and how you might capitalize on the disruption it’s bringing to the global financial system.


2 themes you will explore with this MIT report:
  • Understanding the fundamentals of blockchain and its impact on financial markets.
  • The barriers associated with adopting this new technology.

Blockchain & Transactions: Markets and Marketplaces

This report takes a closer look at how blockchain will impact transactions in the future and identifies the players and markets most likely to experience the disruption. 


2 themes you will explore with this MIT report:
  • Insights into how exactly blockchain is likely to affect a variety of sectors and stakeholders, including securities trading, commercial and retail banking, and insurance.
  • The potential of blockchain to help us reimagine and redefine the role of intermediaries and other market participants.

Blockchain & Infrastructure (Identity, Data Security)

This report explores applications of blockchain technology against the context of concerns around identity, privacy and data security. 


2 themes you will explore with this MIT report:
  • The ways in which blockchain can be utilised for online identity and how this will be valuable for financial institutions.
  • How blockchain could impact data security through decentralization and how it can render the cost of breaches much lower.

27 August 2016

MIT - Digital Banking Manifesto: The End of Banks?

This report from the Massachusetts Institute of Technology investigates the current state of our banking system and how the rise of the Digital Bank and digital currencies will affect the future of finance. MIT’s Alex Lipton, David Shrier and Alex “Sandy” Pentland take you through the intricacies of the Digital Bank.


6 themes you will explore with this MIT report:
  • The rise and evolution of the Digital Bank
  • The necessary requirements for a successful Digital Bank from the perspective of the customer, investor and the bank itself
  • Understanding the digital customer segment – who makes up the market in developing and developed nations
  • The creation and considerations of digital currencies
  • The ecosystem that makes up the Digital Bank
  • The debate between the rise of the Digital Bank versus digital banking

26 August 2016

Mauritius: FSC issues Public Notice - Disqualification of Mrs Francess Henriette Marie Michelle from holding position as officer

FSC Mauritius issues Public Notice -  Disqualification of Mrs Francess Henriette Marie Michelle from holding position as officer » Read More

Mauritius: FSC issues Public Notice - Disqualification of Mr David Dawson Cosgrove from holding position as officer

FSC Mauritius issues Public Notice -  Disqualification of Mr David Dawson Cosgrove from holding position as officer » Read More

Mauritius: FSC issues Public Notice – Revocation of the Management Licence held by Belvedere Management Limited

The Enforcement Committee (the “EC”) of the Financial Services Commission has, on 24 August 2016, revoked the Management Licence held by Belvedere Management Limited (“BML”) pursuant to sections 7(1)(c)(vi) and 52(3) of the Financial Services Act 2007


25 August 2016

Significant milestone for Smart City development

In the wake of the World Smart City Forum, which was held on 13 July 2016 in Singapore, representatives of IEC, ISO, ITU, IEEE, CEN, CENELEC and ETSI gathered for a meeting initiated by the IEC. This meeting was a global first and part of an ongoing dialog among standards organizations. The aim was to accelerate and better align Smart City standardization work, which is essential for successful Smart City deployment. Between 60% and 70% of humanity is expected to be living in urban environments by 2050.

Cities need to make better use of resources and become more efficient: Policies, regulation, citizen involvement and standards are all key components needed to build a viable Smart City. While all are important, in a path towards smarter cities, standardization will play a key role in ensuring consistent outcomes. Standards are relevant in the physical world, where they allow for the interconnection of hardware and technologies, but also in the virtual space where they facilitate data collection/sharing as well as city operation.

In today’s cities much of the infrastructure is installed by a diverse set of suppliers and maintained by different agencies who sometimes work in isolation. To connect them both physically and virtually, standardized interfaces need to be put in place, and this is where standards organizations such as the IEC, ISO, ITU, IEEE, CEN, CENELEC, ETSI and others will have an important role to play.

For city planners, utilities, service and technology providers, standards are essential enablers, facilitating an expected performance and quality level, consistent reproducible outcomes as well as compatibility between technologies.

This was the first time these different standards bodies from around the world met to examine how to work together for the greater good of cities and citizens.

Participants expressed their commitment to uphold principles of mutual respect, transparency, openness and sharing of new work information. Discussions looked at gaps; where standards are needed but work is not yet advanced; overlaps, where different organizations may be active; and, how the standards world can collaborate to better serve the needs of cities and citizens.

Over the coming months the organizations will work together to develop a viable framework for cooperation in order to optimize outcomes and reduce duplication, wasted time and expense. A follow-up meeting organized by ISO is planned for 2017.

Says Frans Vreeswijk, IEC General Secretary and CEO: “As a global, not-for-profit organization, the IEC saw the opportunity for greater Smart City cooperation and provided the impulse for such a meeting. We are excited about the prospect of more efficient, inclusive standards development for cities. Cities are complex, multi-dimensional systems of systems. No single standards organization will be able to provide everything cities need. Here, as elsewhere, broad collaboration is required. In this context, sometimes one organization will lead an effort and at other times it will share its expertise while another one leads.

Says Kevin McKinley, Acting ISO Secretary-General: “At this first meeting we successfully shared initiatives and discussed opportunities for greater collaboration. We now have a good foundation on which we can build, and at ISO we look forward to future cooperation with our partner organizations. This will mean ISO members engaging even more with cities, planners and other stakeholders, to serve their needs and increase awareness of the value International Standards can bring to the development of Smart Cities."

Says Chaesub Lee, Director of the ITU Telecommunication Standardization Bureau: “Cities develop and mature in a diverse range of ways, reflecting differences in history, culture and geographic and economic environments. It is a great challenge to identify the common characteristics of Smart Cities in a global sense, however it is clear that essential elements of a city’s ‘smartness’ will depend on information and communication technologies (ICTs). Here ITU has a leading role to play as the United Nations specialized agency for ICTs. The Key Performance Indicators that we have developed for Smart Sustainable Cities as well as our various international standards for the Internet of Things will provide valuable tools to drive the New Urban Agenda and achieve the Sustainable Development Goals.

Says Bruce Kraemer, President IEEE Standards Association: “IEEE-SA has always acknowledged the importance of openness in standardization development as it relates to Smart Cities. IEEE-SA is committed to continue working collaboratively within an ecosystem that encourages mutually beneficial relationships among an array of standards setting organizations and regulatory agencies. This meeting of the world’s key standards organizations focused on Smart Cities and marks a significant step in building a framework for global cooperation that leads to more efficient technological development and implementation for Smart Cities. IEEE-SA is actively fostering Smart City developments and looks forward to supporting these efforts.

Says Bernhard Thies, CENELEC President: “As European Standardization Organization responsible for developing and defining standards at European level, CENELEC has a role to play in supporting the sustainable and smart evolution of urban living, keeping pace with the changes brought by digitalization of technologies, and promoting the harmonization of the EU single market. Standards can be relevant tools in helping cities, industries, service providers and citizens meet EU energy and climate goals, and smart energy is just one of the ‘building blocks’ for the development of Smart Cities.

Because of the complexity of Smart Cities, a collaborative effort is needed for greater simplicity and to clearly map all relevant standards, to identify and address standardization gaps. In order to create a ‘Smart City architecture model’ for enhancing integration, we can take inspiration from existing work on smart grids and industry 4.0. This year CENELEC and IEC celebrated 25 years of technical cooperation, and we welcome the opportunity to strengthen our collaboration, and support a common and consistent approach in order to undertake innovative urban transformation. Together with other standardization organizations, as well as international fora and consortia, we have the opportunity to formulate our future!

Says Friedrich Smaxwil, CEN President: “Standardization in Europe forms a critical part of the evolution European cities need to make over the coming years, in order to meet the 20/20/20 energy and climate goals. Population growth, economic stress on resources, rapid urbanization are increasing strains on energy, transportation, water, buildings, and public spaces. Solutions for cities need to be found – solutions which are both ‘smart’, namely highly efficient and ‘sustainable’ while specifically generating economic prosperity and social wellbeing of the citizens.

Cities are expected to deliver more and newer services as well as to increase competitively. CEN standards are available and represent relevant tools to achieve this. The CEN-CENELEC-ETSI Smart and Sustainable Cities and Communities Coordination Group (AFNOR Secretariat) has been working towards this objective since 2013. Further cooperation would be needed to adopt a ‘system/cross sectoral approach for standardization’ on this topic and improved collaboration with relevant stakeholders is key. CEN welcomes better collaboration among SDOs as fundamental aspect to identify gaps, avoid duplication of work, and ensure European contributions to global solutions for Smart Cities.

Says Luis Jorge Romero Saro, Director General of ETSI: “At ETSI we have a long-standing experience of working on international projects with other standard bodies. As a founding member of the well-known 3GPP and oneM2M partnership projects, ETSI and its partners are working in standard technology building blocks for Smart Cities. ETSI is also part of NIST’s International Working Group on IoT-Enabled Smart City Framework. We are happy to be part of this new initiative to help enhance the collaboration among parties so that all expertise and knowledge are shared and enable the development of standards to the design of smarter, more secure and more sustainable cities in the future.

William Ahern: The Pearl and The Oyster

FATCA first cracked the oyster shell and CRS will prise it wide open and reveal what is within to tax authorities at home and abroad automatically, annually. The trouble is, these pearls of financial data are not just attractive and available to tax authorities, but to malevolents everywhere.

22 August 2016

Deutsche Bank’s $10-Billion Scandal

Almost every weekday between the fall of 2011 and early 2015, a Russian broker named Igor Volkov called the equities desk of Deutsche Bank’s Moscow headquarters. Volkov would speak to a sales trader—often, a young woman named Dina Maksutova—and ask her to place two trades simultaneously. In one, he would use Russian rubles to buy a blue-chip Russian stock, such as Lukoil, for a Russian company that he represented. Usually, the order was for about ten million dollars’ worth of the stock. In the second trade, Volkov—acting on behalf of a different company, which typically was registered in an offshore territory, such as the British Virgin Islands—would sell the same Russian stock, in the same quantity, in London, in exchange for dollars, pounds, or euros. Both the Russian company and the offshore company had the same owner. Deutsche Bank was helping the client to buy and sell to himself.


18 August 2016

UN e-Government Survey 2016 ranks Mauritius 1st in Africa

The United Nations e-Government Survey 2016 ranks Mauritius first in Africa (followed by Tunisia) and 58th worldwide, with an e-Government Development Index of 0.6231. In 2014 Mauritius was ranked 76th and Tunisia 75th.


Issued at the moment when countries are launching the implementation of the 2030 Agenda for Sustainable Development, the survey offers a snapshot of trends in the development of e-government in countries across the globe. It provides new evidence that more governments are embracing information and communication technologies to deliver services and to engage people in decision-making processes in all regions of the world. The survey shows that digital technologies—the Internet, mobile phones, and all the other tools to collect, store, analyze, and share information digitally— are being increasingly utilised.

E-government has the potential to help support the implementation of the 2030 Agenda and its 17 sustainable development goals. In fact, the Online Service Index (OSI) values for the majority of UN Member States have increased, which suggests that innovative approaches are being applied in the public sector and specifically in public service delivery.

According to the survey a sharp rise has been noted in the number of countries that are using e-government to provide public services online through one stop-platform – an approach that makes it easier to access public services. More countries are making an effort through e-government to ensure that public institutions are more inclusive, effective, accountable and transparent.

The UN e-Government Survey 2016 underscores that one of the most important new trends is the advancement of people-driven services that reflect people’s needs and are driven by them. At the same time, disparities remain within and among countries. Lack of access to technology, poverty and inequality prevent people from fully taking advantage of the potential of ICTs and e-government for sustainable development.

As reported the survey shows that since 2014 the number of countries with very high OSI has increased from 22 to 32 whereas the number of countries with low OSI dropped from 71 to 53.

The UN 2030 Agenda itself recognized that “the spread of information and communications technology and global interconnectedness has great potential to accelerate human progress, to bridge the digital divide and to develop knowledge societies, as does scientific and technological innovation across areas as diverse as medicine and energy”

15 August 2016

Retirement Planning and Healthcare of Chinese HNWIs 2016

Taikang and Hurun Report today jointly released Retirement Planning and Healthcare of Chinese HNWIs 2016. This 48-page report is based on a study of 1125 High Net-Worth Individuals (HNWIs) across China, and 30 one-to-one interviews with HNWIs in the first-tier cities of Beijing, Shanghai, Guangzhou and Shenzhen. This is the second year of the report.

The result shows that interest in senior living communities rose 87%, especially among the under 35s, who jumped from 17% to 39%.

The creation of a ‘one-stop’ funeral services concept, with comprehensive coverage encompassing palliative care, religious beliefs and inheritance of family heritage and spirit is the future development trend for the HNWI funeral market.

Chinese ‘millionaires’ up 10.7%; Healthcare now biggest concern

A surge in housing prices in first-tier cities was the main driver for the growth in Chinese HNWIs, so that despite a slowdown in the economy, the number of Chinese HNWIs, defined as individuals with CNY 10 million of personal wealth or more (equivalent to US$1.6 million), shot up 10.7% year on year. As of May 2016, there were 1.34 million HNWIs worth CNY 10 million or more in the Chinese mainland, up 130,000 on last year, with a growth rate of 10.7%. There are about 89,000 UHNWIs (Ultra high net worth individuals) worth CNY 100 million or more, up 11,000 on last year, with a growth rate of 14.1%.

Guangdong overtook Beijing for the first time, home to 240,000 individuals with CNY 10 million or more, and the fastest growth rate, 17.65%. Beijing takes second place with an increase of 24,000, hitting 238,000 in total. Shanghai was third, increasing by 24,000 to 205,000. Zhejiang fourth with an increase of 14,000 to reach 160,000.

Bank deposits, property and insurance remain the three main av­enues for financial investment. The proportion who invest in insurance increased, while the proportion de­voted to property investment fell.

The main topics of concern for Chinese HNWIs was quite different this year. Healthcare took first place, displacing financial investment, which fell to third. Sports come second, with 29%. The HNWIs also expressed an interest in news and tourism.

95% believe that social security will be unable to meet their current needs.

95% of HNWI respondents with CNY 10 million or more own commercial life insurance. The average pre­mium paid was CNY 37,000, suggesting that the total annual premiums paid by HNWIs was CNY 47 billion, or 4.6% of China’s total life insurance market.

95% of HNWIs buy commercial life insurance in ad­dition to social insurance mainly because the latter has little relevance for them. Due to the minimal nature of the social insurance system, which provides only basic coverage to the population as a whole, it has little impact on the quality of HNWI lifestyle. Consequently it is not capable of meeting the high standards HNWIs require in terms of comprehensiveness of security, premium levels, investment returns, levels of satisfaction and per­sonalized design. Commercial insurance, on the other hand, offers an effective means of overcoming the shortcomings and deficiencies of social insurance, al­lowing HNWIs more comprehensive and satisfactory coverage.

In short, HNWIs are attaching greater importance to commercial insurance due to the comprehensive­ness of the security it offers. When evaluating the importance of commercial insurance, 78% of HNWIs indicated that it is very important or quite important, giving it an average of 8.1 points on a 10-point scale.

59% of HNWIs indicate that they will proactively seek to learn about commercial life insurance, a much higher percentage than last year’s 22%, further evi­dence of the manner in which HNWI interest in commercial insurance is on the rise.

With the rapid rise in HNWIs' recognition of and demand for new types of senior living homes, senior living communities are the preferred mode of retirement, with younger respondents most interested in them.

57% regard retiring at home as their first choice, followed by senior living communities, with 28%, and community-supported retirement with 8%. Though home re­tirement still accounts for more than half, the amount of respondents opt­ing for it fell by 26%. The proportion of those choosing senior living communities climbed by 87%, especially among those under 35 years old, with this option rising from 17% to 39%. When it comes to the age at which HNWIs plan to move into senior living communities, the preference for 70 years of age remains the same.

HNWI attitudes towards retirement are becoming more open-minded and optimistic, as social perceptions alter. In retirement, they expect to lead co­lourful and relaxed lives, and to travel extensively. They are increasingly independent with regards to retire­ment planning, preferring to prepare through investment and insurance, rather than expecting their children to look after them. Accordingly, they expect to move into senior living com­munities or institutional care, not only to enjoy medical security but also to reduce pressure on their children, who already face tremendous social burdens due to the One Child Policy. Furthermore, with the rapid devel­opment of the senior living industry, there is more choice, and expectations that children ought to provide for their aged parents is on the wane.

Choice of medical institutions diversified, increased demand for new medical channels, tremendous potential for future market

Respondents would consider using 2.5 different kinds of medical institutions on average this year, up from 1.7, reflecting a diversification in choice. Compared with last year, as HNWIs understand medical information in greater detail, their attitudes are becoming more open, and the range of their choices more diverse. Many more are willing to use new medical treatment methods, with all categories witnessing increases.

Though the percentage consulting private doctors is very low at just 8%, this represents a 60% year-on-year increase, a trend is likely to remain on an upward trajectory. 10% of HNWIs have previously sought it in one form or another.

Its popularity is comparatively low, with about half of respondents never having heard of it. However there has been a significant increase in the proportion of those who have used it compared with last year, with the rate rising from 2% to 11%, reflecting a higher conversion rate among users, and reflecting a degree of market potential. Convenient online reservation and registration is the main reason cited for using it. Other reasons include the availability of electronic health records and making use of portable testing equipment at home.

The creation of a ‘cradle to grave’ concept, encompassing palliative care, religious beliefs and the desire to transmit values to the next generation, is an important trend for the HNWI funeral market.

Palliative care: this includes specialized and professional treat­ment, focusing on relieving pain and providing mental comfort, and the prevention of over-treat­ment. This method can not only reduce families' medical treatment expenses, but also calm patients’ nerves and relieve unnecessary pain.

Funeral services should meet spiritu­al needs: this involves developing differentiated services in line with the religious beliefs of HNWIs. 30% of HNWIs are religious, 23% of them Buddhists and 6% of them Chris­tians, according to Hurun Research. Religious convictions are more common the older respon­dents get and the richer they are. More than 60% of HNWIs with CNY 30 million or above have religious beliefs. In recent years, the proportion of religious HNWIs has grown. These beliefs strongly affect their attitude to­wards and demand for funeral ser­vices, thus it is important for them to be taken into account.

Transmission of inheritance and values: it is envisaged that a combination of insurance and trusts will be used, to ensure that rules are in place to regulate in­heritances, and to guide the values of the next generation in making use of their legacies. It is also hoped that the family’s values and mission can be passed on.

During the press conference, Taikang Life Chairman and CEO Chen Dongsheng said, “Retirement planning and healthcare has been the focus of Taikang, and is of huge value to humanity. I am excited that healthcare has become the main topic of concern for Chinese HNWIs. Taikang is now fully engaged in the development of ‘Big Happiness Project’, using the three core pillars of insurance, asset management and healthcare. The mission of Taikang is making people healthier, wealthier and to let them live longer. This is how Taikang can make people ‘happier’.

Rupert Hoogewerf, Chairman and Chief Researcher of Hurun Report, said, “Nobody before has focused on the funeral needs of the Chinese HNWI, a key innovation in this year’s report. Social stigmas of retirement planning are also gradually shifting, such that Chinese HNWIs are willing to discuss the topic, especially with the recent health ‘craze’. I am delighted to put out this 48-page report in association with Taikang, China's leading integrated insurance group.

14 August 2016

India: Government notifies revised tax treaty with Mauritius

Under the amended treaty with Mauritius, for two years beginning 1 April 2017, capital gains tax will be imposed at 50 per cent of the prevailing domestic rate. Full rate will apply from 1 April 2019. As per the revised treaty, investments made prior to 1 April 2017, will be protected from new tax provisions.


03 August 2016

FSC Mauritius issues Public Notice – Revocation of the Category 1 Global Business Licence of Starwings Aircraft Leasing Limited

FSC Mauritius issues Public Notice -  Revocation of the Category 1 Global Business Licence of Starwings Aircraft Leasing Limited (03-08-2016) » Read More

01 August 2016

Mauritius: EY technical analysis and synopsis on Budget Speech 2016-2017

The Budget 2016/2017 is built on ten major strategies. Its theme is about moving to a higher growth path, thus requiring major changes in the way things are done as well as in the things that are done. EY is pleased to share its insights through a technical analysis and a synopsis of the key measures announced.


29 July 2016

Mauritius: Budget Highlights 2016/17 - Financial Services - Impact

  1. GBC 2 will now have greater scope of operations and such initiative will give a boost to our capital markets
  2. Provision of 8-year tax holidays to ‘Global Headquarters Administration’ will enhance the use of the Mauritius platform for regional and global investments and increase substance in the country. Such a measure will help to attract a number of big regional companies from various sectors of activities to use the Mauritius platform for their RHQ
  3. The introduction of a 5-year tax holiday in specific financial activities will attract value added activities to the portfolio of financial services and enlarge employment opportunities.
  4. Setting up of a ‘Mauritius International Derivatives & Commodities Exchange’ (MINDEX) will boost links between commodities and finance, and make the commodity sector more efficient and competitive.
  5. Developing Mauritius as a Renminbi  hub for Africa would further strengthen positioning of Mauritius as an international financial centre, especially in capturing the trade, investment and financial flows between Africa and Asia.

Could Mauritius be the new African hub?

This is a nation that has all of the key ingredients for investor confidence: economic diversity, a highly competitive tax regime, investor-friendly regional trade and tax arrangements – all underpinned by a working democracy, independent judiciary and a global reputation for transparency. During such unpredictable times, Mauritius is an island of stability and reliability.


19 July 2016

WEF: Could Mauritius be the new African hub?

Mauritius is only 65km long, 45km wide and 2,000 km away from Africa. Yet there are strong indicators that this small island in the Indian Ocean may be the ideal gateway to Africa. In a period of great economic uncertainty right across the world and the collapse of commodity and extractives prices, investors need to work harder to find strong returns. We need to analyze what it is about Mauritius that makes it stand apart.

 Mauritius may be the ideal gateway to Africa for investors

Trinidad and Tobago IFC – Handling Negative Publicity

What should a financial centre in danger of being perceived as a ‘tax haven’ do to manage the outpouring of potentially damaging headlines? The Global Financial Centres Index (GFCI) indicates that the ratings of these centres tend to rely largely on the perceptions of people involved in financial services. These perceptions are affected by press coverage and the work of the Organization for Economic Co-operation and Development (OECD) and other international bodies.

In GFCI 19, published in March 2016, the Caribbean centres of the British Virgin Islands, the Cayman Islands, Bermuda and the Bahamas all suffered significant declines in their ratings with Panama showing a larger decline than any of them. The British Crown dependencies of the Isle of Man and the Bailiwicks of Jersey and Guernsey had a similar experience with Gibraltar, Malta, Monaco and Liechtenstein completing the picture with downgrades of their own. Looking back over the last three years, almost without exception, all of the Caribbean centres and the Crown dependencies have moved in the same direction in the GFCI – moving up together and down together clearly affected by the feelings and perceptions of the industry at the time of the survey.

If this were not unfortunate enough, the recent scandal has undoubtedly led to the deepening of these negative perceptions. In the light of the recent adverse publicity as a result of the ‘Panama paper’ leaks, what should a financial centre, which is likely to be drawn into the debacle do? There are three obvious options:
  1. Lie Low and stay under the radar – it is likely that many centres will decide that in the face of such a media storm, it is best to lie low and stay out of the news as much as possible. This is perhaps understandable and may be a viable short term strategy.
  2. Protest – several centres proclaim their innocence. In the current climate these protests of “it’s not us!” do not gain much sympathy. Several of the centres protesting the loudest do not deserve much sympathy!
  3. Differentiate – a valid longer term strategy is to become a different type of financial centre. Encourage finance for good purposes and make it much harder for money launderers and tax evaders to operate in your territory so that when the next wave of bad publicity arrives (as it surely must), you can genuinely hold up your hand and claim that you are different.
It is pleasing to note that a newly formed financial centre is genuinely setting out to be different. Trinidad and Tobago offers global investors unparallelled access to markets within the Latin American and Caribbean region. Already recognised as the financial hub of the Caribbean, Trinidad and Tobago holds great potential for international growth with a highly qualified talent pool, well-established business infrastructure, global connectivity and a wealth of investment opportunities. The Trinidad and Tobago IFC is being developed using global standards and best practices and will have a modern, principle based regulatory framework which will be supported by enforcement action against firms that breach the legislation and regulations. This model has already been used to successfully establish the Dubai International Financial Centre. The legislation for the Trinidad and Tobago IFC has been drafted and is awaiting approval by legislators. 

"I am pleased to see that Trinidad and Tobago are doing what they can to make sure that they are not confused with other, less scrupulous Caribbean centres. Creating a truly modern financial centre with the repution that will attract international investors require is a great challenge in today's uncertain times."

Mark Yeandle, Associate Director, Z/Yen Partners Limited.

18 July 2016

ADB: Commercial Reforms Needed to Boost Pacific State-Owned Enterprises

State-owned enterprises (SOEs) are a significant drain on Pacific island economies, with the returns from most countries’ SOE portfolios not even meeting their capital costs, according to a new report from the Asian Development Bank (ADB).

The Finding Balance 2016 report  finds SOE portfolios in the eight Pacific countries examined contributed only 1.8% to 12% to gross domestic product, despite their very large asset base, ongoing government cash transfers, and monopoly market positions. It also finds productivity levels of the SOEs tend to be well below developed country benchmarks.

Low SOE returns are not unique to the Pacific but are common throughout the developing and developed world,” said Christopher Russell, SOE Expert with ADB’s Pacific Private Sector Development Initiative (PSDI), which produced the report. “They reveal a fundamental flaw in the SOE model: it is not an effective long-term ownership structure as politicians will avoid commercial decisions that may have short-term political costs.

The report assesses the performance of SOEs in Fiji, Kiribati, Marshall Islands, Papua New Guinea, Samoa, Solomon Islands, Tonga, and Vanuatu, as well as Jamaica and Mauritius. It finds many countries have made significant progress through commercially-oriented reforms. Solomon Islands’ SOE portfolio’s return on equity jumped from -11% in 2002-2009 to 10% in 2010-2014. In Tonga, portfolio returns have increased to 6% from a low of 0% in 2009. Overall, seven of the 10 countries examined had seen improved SOE profitability since 2010.

The report also highlights that, while improvements had been achieved, sustaining them has proven impossible in most countries, both developed and developing. Drawing on the experiences of New Zealand and Singapore, the report concludes that increased private sector ownership and operation of SOEs is the only way to lock in reform gains.  

Finding Balance 2016: Benchmarking the Performance of State Owned Enterprises in Island Countries is the fifth report in the Finding Balance series, which identifies strategies to guide reforms of SOEs, highlighting the importance of finding the right balance between public and private sector roles.

PSDI is a technical assistance facility cofinanced by the Government of Australia, the Government of New Zealand, and ADB. It supports ADB's 14 Pacific developing member countries to improve the enabling environment for business and to support inclusive, private sector-led economic growth. The support of the Australian and New Zealand governments and ADB has enabled PSDI to operate in the region for almost 10 years and assist with more than 280 reforms.

ADB, based in Manila, is dedicated to reducing poverty in Asia and the Pacific through inclusive economic growth, environmentally sustainable growth, and regional integration. Established in 1966, ADB in December 2016 will mark 50 years of development partnership in the region. It is owned by 67 members—48 from the region. In 2015, ADB assistance totaled $27.2 billion, including cofinancing of $10.7 billion.