18 June 2012

Offshore Pilot Quarterly (June 2012, Volume 15 Number 2)


Trembling Leaves and Great Happiness

In this quarter’s newsletter I am going to address subjects which are much closer to home than usual.  In the March issue I wrote about the potter’s wheel in the context of tax information exchange with the United States of America; this was because the potter’s wheel, in that instance, was still spinning; his hands were still moulding the clay, and so just like the twists and turns common to international tax issues, we still do not yet know what the final product will look like.  This is not the case, however,  as far as the economic fortunes of the Republic of Panama are concerned, where we have a much better idea of the shape of things to come. 

Besides the amazing growth of the economy, Panama is also growing (albeit less amazingly) as an important financial services centre.  It is on its way, I believe, to becoming an international one and which will be recognised as a viable alternative to those both near and far from the Isthmus, spurred on by the continuing, and increasing, flow of international investors lured by the opportunities the country has to offer.

The International Monetary Fund recently published a report which suggested to me that Panama has come out of the world’s tunnel of recession like an express train, kept on the rails in part by a well-capitalised banking system; sadly, as I write, the United Kingdom has slipped back into recession (not since the 1970s has the country had such a double-dip experience) and any light at the end of its tunnel has been, alas, an express train hurtling down the tracks but towards those seeking light.  The IMF has referred to the robustness and resilience of Panama’s banking system, with healthy levels of liquidity, and has recognised an overall strong and effective supervisory regime.  The country’s competitiveness, the report goes on to say, compares favourably with the largest economies in the region and the foundation of Panama’s progress, in its view, can be attributed to its maturing democracy, solid infrastructure and financial development.

This year’s anticipated economic growth is expected to be around 7 per cent (10.6 per cent in 2011) and many liken this current prosperity to the “Brazilian miracle” in the 1970s.  Irregardless of the fate of Brazil’s miracle, being by instinct cautious, I do appreciate Charles-Augustin Sainte-Beuve, the nineteenth century French literary  historian who, like Niccolò  Machiavelli, understood the uncertainty of the future and told us that in life “only a trembling leaf separates great happiness from extreme despair”.  Even so, the expansion of the country’s shipping canal is a reality and a major reason for the economy’s success; cargo transits represent 4 per cent of world trade and this is expected to double once the current expansion work is completed in 2014. 

One of the container ships that will be able to use the widened canal is the Emma Maersk, part of the mighty Maersk Line which is the largest container-shipping company in the world. To appreciate how the distance-cutting canal combines volume of goods with speed of delivery, to produce an unrivalled cost advantage, consider this: the Emma Maersk (not the largest ship in the fleet) can carry 11,000 20-foot containers in its 397-metre hull. A train carrying that load would be 44 miles in length (incidentally, the canal itself is only 48 miles long). The ship’s diesel engine has the estimated power of 1200 cars and its anchor alone weighs some 30 tonnes (equivalent, say, to the weight of five African elephants). The canal, in fact, is evidence of the benefits of open, unrestricted trade in action and which, as the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, entered into between the US and Panama, states, it allows for the “peaceful transit by the vessels of all nations on terms of entire equality, so that there will be no discrimination against any nation, or its citizens or subjects…” provided that transiting vessels commit no acts of hostility while in the canal. Although ships from Cuba can, therefore, transit without hindrance, it would be a different matter if, for example, they attempted to use New Jersey’s Cape May Canal in the US; as you read on you will appreciate why New Jersey, especially, would see it as blasphemy.  My column, Latin Letter, in this month’s Offshore Investment journal, offers a further dimension from the Latin American perspective and is published simultaneously with this issue.  

Caramba, What a Samba

A report in May, 2008, from the New York-based Council on Foreign Relations prepared under the joint chairmanship of Charlene Barshefsky, the former US trade representative, and General James T. Hill, the former commander of the US Southern Command which was once based in Panama, stressed the need for a change in US policy towards the Cuban embargo.  The posture of successive US administrations since the embargo came into force in 1961 has remained fundamentally unchanged.  At the time President Dwight Eisenhower, a Second World War general who was present at the Cold War’s birth, was dealing with a Caribbean island firmly in the camp of the former Union of Soviet Socialist Republics.

Things change.  It wasn’t so long ago that Latin America was relegated to the backyard of the US.  But for many, it is the US that occupies the backyard of the Americas now.  It seems an Alice-in-Wonderland picture:  the opposite of normal; that is so, at least for the middle class in the US, where financial strain, inequality, and political discord are weighing heavily on their shoulders.  In such times a country needs friends and none are more accessible for the US than those in Central and South America.  So the sixth Summit of the Americas held this April in Cartagena, Colombia, was the ideal opportunity to improve relations.    But before the Summit even started the cards were stacked against a cordial, constructive gathering of countries, all of which, like the US, could benefit from a collective strengthening of ties. 

Over the objections of the other 34 governments, the US (supported by its northern neighbour, Canada) would not condone an invitation being sent to the government in Havana, which meant that before some of the Summiteers’ flights touched down in Colombia the event was already off to a bad start.  Doubtless, the Summit’s host, Colombian president, Juan Manuel Santos, spoke for his compatriots when he said that “I hope this is the last Summit without Cuba”.  Before the event, President Santos had flown to Havana and met Raúl Castro in order to explain the difficult position that prevailed.

The US and Canada, from the very first Summit in Miami in 1994, had seen such meetings as very important in improving diplomatic relations on the two continents; but with the passage of time, and the political clashes encountered along the way, it does seem as if enthusiasm has waned; the flow of communication over the years has replicated Brazil’s Samba, in fact, with step-close-step-close moves characterized by a dip and spring upward at each beat of the music.  The US performance at this year’s Summit, however, had neither dip nor spring in its step. 

Brazil would be ready to scupper the Summits and replace them with meetings of the developing Union of South American Nations (with no prizes for guessing which country would be at the steering wheel).  If the US’s intransigence over Cuba persists, it could be playing into the hands of Brazil, a country with a  1 trillion US dollar economy and yet it doesn’t have a double-taxation treaty with the US.  If this seems surprising it only underlines the fact that relationships between the two countries may, on the whole, be friendly, yet they are still shallow; as Brazil continues to become more powerful it is unlikely that those relations will become more comfortable for either country.

President Dwight Eisenhower may have been the one who first made Cuba a political outcast, but it was his successor, John Kennedy (in the mould of Dwight Eisenhower and Harry Truman, two Cold War warriors determined to crush communism), who turned the isolation of Cuba into a US cause célèbre.  John Kennedy and his brother, Robert, the US attorney general, despised Fidel Castro and deposing him became an obsession, one which was perhaps spurred on by hubris and humiliation following the failed Bay of Pigs invasion of Cuba in 1961. 

Long before we heard references to the Castro brothers there was the Kennedy brothers who, in turn, were influenced by the Dulles brothers, Allen (Director of the Central Intelligence Agency) and John (Secretary of State) who served during the Eisenhower years and both of whom were committed to the administration’s Cold War policy known at that time as the “New Look”.  The Dulles brothers, either jointly or individually, were central to the downfall of governments in Iran and Guatemala; success in Cuba eluded them, however, which heaped derision on the CIA in particular.  Allen Dulles, still in his post, was sacked by John Kennedy following a covert plan code-named Operation Northwoods which intended to muster support for a war against Cuba after framing it for staging real or simulated attacks on American citizens.

Merlin’s Sword

When the fabled era of America’s synthetic Camelot period ended with President Kennedy’s assassination the aura of mystique and wonderment, not dissimilar to King Arthur’s legend from where Camelot came, persisted.  It would seem that Cuba is a sword, much like Merlin’s, set in stone waiting for someone like King Arthur to be able to withdraw it.  Merlin’s magic, however, did not have to contend with the influential number of votes and political clout ageing Cuban exiles living in the US have.  Three of the four congressional districts in Miami are held by Cuban-American Republicans, not to mention one of Florida’s Senate seats, and Robert Menendez, a Democrat, sits in the Senate for New Jersey where around 85,000 Cuban-Americans live. 

The US has got its Caribbean policy wrong before.  When President Eisenhower’s Vice President, Richard Nixon, visited Cuba in 1955 he drew comparisons between Abraham Lincoln and Fulgencio Batista, Castro’s predecessor, who ruled from 1934 to 1959 through an alliance with the Cuban Communist Party and the army.  Lincoln died from a bullet whereas Batista survived by using them, but  in the end his repression and corruption was such that the US suspended its supply of arms to him.  When Nixon, on the same trip, then went to the Dominican Republic, he embraced Rafael Trujillo, a murderous dictator who ruled for 31 years and employed torture and blackmail while gaining popularity for public-works programmes.  John Dulles at the time counselled:  “do nothing to offend the dictators; they are the only people we can depend on”.  For this same reason, the US tolerated Haiti’s Francois Duvalier who, for 14 years, ruled with voodoo-inspired terror and memorably drew these words from the late British writer, Graham Greene:  “Impossible to deepen that night”. 

It is daylight that needs to be shone on Cuba’s isolation.  Hugo Chávez replaced the Sovient Union and remains Cuba’s benefactor to this day, although for how long?  Will the cancer he is being treated for be cured and if not, will his successor prove as amenable?  The solution may lie further away.  Just as China has swayed relations between the US and Latin America in its favour, its closer engagement with Cuba would be a balm for the region’s governments  and an antidote for Washington’s 20th-century Cold-War tactics.

While George Bush junior may have tried to castrate the Castros, in economic terms that is, Barack Obama has adopted a few of the moderate policies implemented by Presidents Carter and Clinton inasmuch as some travel and remittance restrictions have been lifted.  On a cash-only basis, the US has sold food to Cuba over the last few years worth about US$960 million annually.  Whether relations, however, in the current climate can go any further is very questionable. 

Presently port facilities at Mariel in Cuba are being improved and it is where a container terminal for use by huge ships like the Emma Maersk (that will use Panama’s widened canal in 2014) is also being built.  The port complex will be operated by Singapore Ports, no stranger to Panama, and investors in the project include Brazil, China, Spain and Canada, the latter apparently showing its support for US Cuban policy mainly when the guest list at Summits of the Americas is being reviewed. Be that as it may, the lessons to be learned from Panama’s canal, as I wrote at the beginning, are for everyone to see, literally, as ships of all nations ply their trade through it, and which will include, eventually, the ships using Mariel’s new port facilities. 

During April’s Summit, Silvio Carrasquilla, former mayor of Turbaco, wanted to give President Obama the gift of a donkey called Demo.  The president didn’t visit Turbaco but he did send a thank you note.  The symbol of the US Democratic party, of course, is the donkey; I suspect most delegates at the Summit, with Cuba in mind, would have felt that the gift of a mule would have been more symbolic.  Someone needs to get the message across that the Cold War’s “New Look” policy is now looking very, very old; obstinacy is not the answer.

Offshore Pilot Quarterly has been published since 1997 by Trust Services, S. A. and is written by Derek Sambrook

17 June 2012

Global Witness: Grave Secrecy


Grave Secrecy was published in June 2012.  It reveals evidence that numerous UK companies have been involved in a major money laundering scandal involving a Kyrgyzstan bank, and shows how urgent action is needed to address the current ease with which the UK and other major economies are used to launder the proceeds of corruption, tax evasion and other crimes. 

The report exposes how billions of dollars of suspicious transactions at the Kyrgyz bank, AsiaUniversialBank (AUB), involved UK, New Zealand and Bulgaria-registered companies. It also highlights how corrupt money can be moved around the globe easily by using companies to hide your identity.

The report reveals:

That three UK companies had US$1.2 billion running through their accounts despite not being involved in any real business that Global Witness could ascertain.

That the suspicious transactions went through many banks around the world, with the largest amounts passing through Citibank in New York, the UK’s Standard Chartered and Austria’s Raiffeisen Zentralbank. These banks continued their relationship, though one bank, UBS, was sufficiently concerned about their relationship with the Kyrgyz bank that it broke off relations.

That in one case, the identity of a dead man from Russia was used as the front for a UK company. While this person had died three years before the company was set up, he was listed as the company’s owner and he even ‘attended’ a company meeting in London.

That the Kyrgyz authorities believe that some of the companies have potential direct ties to Maxim Bakiyev, the son of the former president. Maxim Bakiyev has been indicted on money laundering charges in Kyrgyzstan, but is currently in the UK, having claimed political asylum.

That the Kyrgyz bank’s international reputation was helped by the presence of three former US Senators, including former presidential candidate Bob Dole, on its board.

At present, it is virtually impossible to find out the identities of the actual, ‘beneficial’ owners of companies. This is because there are several perfectly legal ways that corrupt politicians, tax evaders and terrorists can hide their identities. One way is to set up a company in a major financial centre such as the UK, then have its shareholders be other companies registered in places that keep ownership secret. Another way is to pay people to have their name on your company documents, instead of your own.

Global Witness believes that information on the real beneficial owners of companies must be made public.

Global Witness: Idiot's Guide to Money Laundering

The Idiot’s Guide to Money Laundering is a brief introduction to how companies can be used to hide identity.

Download Global Witness's Idiot's Guide to Money Laundering

Mauritius: The Foundations Act 2012

The Foundations Act 2012 (Act No 8 of 2012) was passed by Parliament on 5 June 2012 and Gazetted on 16 June 2012

14 June 2012

Mauritius – Business Passport to Africa

Speech of Hon. Xavier-Luc Duval, Vice Prime Minister, Minister of Finance and Economic Development


Honorable Henry Bellingham MP, Undersecretary of State and Minister for Africa

Honorable David Ruffley MP, Senior Member Treasury Select Committee

Honorable Minister, your presence here demonstrates the support of the British Government to Mauritius, and this accordingly underlines the important role that the island can play in furthering economic development in Africa.

Hon David Ruffley, a dear friend of Mauritius will be devoting a whole day to this Conference, acting as a moderator for the Conference. I would also like to thank Mr. Jean Maigrot, the man behind the scene and without whom this event would not have been a success.

Distinguished guests, ladies and gentlemen,

Thank you for all for presence today.

We have in the assistance today 34 representatives from the Mauritian private sector, experienced professionals and captains of industry. I invite you to meet them during the various breaks in the Conference.

Mauritius is a success story, having successfully shifted from being a poor country at independence with a monocrop economy to a middle income country today. We have no natural resources, but we have other assets.

All of you know Mauritius as a popular tourist destination, but Mauritius has so much more to offer. Indeed, tourism constitutes only 8% of the GDP in Mauritius while for our peers such as the Maldives and Seychelles it plays a pivotal role in the economy, representing around 30% and 17.2% of the GDP, respectively.

Indeed, contributing increasingly to the Mauritian Economy, the financial services represent around 10% of the GDP, of which the global business sector represents around 5%. Also, the manufacturing sector represents 18% of our GDP. Last year, for instance, we have had considerable growth of around 10% in the ICT/BPO sector. 

Mauritius has also won international acclaim from the Wall Street Journal. Mauritius was also ranked 8th in the World in the Heritage Foundation Economic Freedom Index, ahead of the USA, Ireland, Denmark and even the United Kingdom, who is ranked 14th. In addition, Mauritius ranks 23rd in the Ease of Doing Business Index, by the World Bank, hence placing us ahead of Taiwan, Switzerland and France. Forbes places Mauritius 19th in terms of the Best Countries for Doing Business ranking. More notably, Mauritius ranks 1st in the Mo Ibrahim Good Governance Index.

Mauritius is endowed with a multi racial and fully bilingual population of 1.3 million inhabitants. Acanchi, the famous British branding firm has stated that the ethnic diversity of Mauritius is the main reason for its success.

Mauritians are highly literate and we have a great number of professionals, in the likes of lawyers, accountants and doctors. Indeed, the number of accountants per thousand is 110/100,000, which is more than the UK, Luxembourg, France and Germany, and the number of doctors per thousand is 120/100000, whereas in Madagascar, the figure is 20/100000 and in Zambia and Uganda, the figure is 10/100,000.

Being, fully democratic, Mauritius has regular free and fair elections, the next one being scheduled to take place in 2015. Politics is the national sport in the island.

However, during the past 30 years, all parties have consistently been aligned to support the economic policy in Mauritius. We have, as a testimony to this, 1 or 2 members of the parliament who are in the Opposition Party as guests to the Conference today.

We also have a fully independent judiciary, with the UK Privy Council being the highest court of appeal.

We have excellent communication facilities and are connected to 2 undersea cables.

I would like to thank the efforts of our Mauritian people for having achieved a per capita income of 8500 USD. Although we are presently a middle income country, we are endeavoring, through the Economic and Social Transformation Programme to move to a high income country, and indeed play a major role in the economic development of Africa.

All our economic fundamentals are right. Our debt to GDP ratio is 54% FDI is holding up, with the country having received more this year, compared to last year in terms of FDI. There is also a good resilience to external shocks owing to our diversification strategy.

Despite having achieved a growth rate of 3.6%, we are conscious that Mauritius is still vulnerable to external shocks. However, in the long term, by increasing labour productivity and by seeking new geographical markets, we are seeking to reduce our vulnerability.

We are on Moody’s positive watch for upgrading from actual Baa2 grade.

Mauritius is also an excellent place to live. It is a democracy, with rule of law. There is a very low crime rate. The climate is excellent, and Yale University has ranked Mauritius 6th worldwide in the Environment Performance Index. Mauritius is also 2nd Worldwide in the Air Quality Index of the World Heritage Foundation.

Mauritius is fortunate to have an excellent education. Reputed boarding schools such as the Wellington College are coming to Mauritius. We have 600 Integrated Resort Schemes encouraging High Net Worth Individuals to come to Mauritius. Acanchi depicts Mauritius as a place where foreigners are not just tolerated but actually warmly welcomed.

Mauritius, being geographically and politically close to Africa, is able to participate fully in African development policies. We are members of SADC and COMESA. Being at the doorstep of Africa, Mauritius can potentially have a major role in the development of Africa. 

Africa has established itself as a new frontier where growth potential is enormous. It is not only a commodity market. Indeed, good governance is taking hold of economic governance. There is a huge market for middle classes and the youth in Africa, mainly in terms of needs for technology and infrastructure.

Mauritius is home to the IMF, Afritac South office and is hence an excellent place to launch your African venture. We offer a fully integrated service and propose to mitigate your risk in an overseas environment.

Dear Guests, all this is already happening.  We have a variety of private equity funds already established in the island, such as Bob Geldorf Private Equity Fund and Buffalo Bicycles.

We are professionals with excellent communications infrastructure. Mauritius offers also a wide array of advantages. The island is a low tax jurisdiction

It is a low tax jurisdiction - We have 3% tax in the offshore sector, while there is 0% tax on our Freeport. Tax holiday has been extended indefinitely, while it was previously only for 5 years. Most Occupation Permits are issued in 3/5 days.

Government is proactive in promoting a business friendly environment and is particularly committed to develop the financial sector: 2 major financial laws have been voted in parliament during the last 6 months (Limited partnership bill, foundation bill- soon private pension bill and limited liability partnerships bill)

Our new airport will be operational next year. We want to create an air port hub and get business not only for passengers, but also for freight, maintenance and leasing. We also have the safest and one of the most efficient sea ports of the region. Another advantage that Mauritius offers is that dispute settlement for commercial matters are fast-tracked and solved rpidly.

Mauritius is situated in a convenient time zone. We have a stock market. We have 13 Double Taxation Agreements signed with African countries and are actively pursuing other DTAs. We have recently signed a DTA with Kenya and are negotiating with Gabon for another DTA. We will be signing our DTA with Nigeria in August.

Mauritius provides for value added and fully integrated services to the financial sector in Africa. We will create a centre of excellence in Africa, which will be a knowledge centre, fully funded and appropriately staffed. We have Mauritian companies everywhere in Africa and international companies are increasingly setting up in Africa through Mauritius. Mauritius provides additional security as well as access to SADC and COMESA markets. Indeed, Mauritius has a strong business friendly policy towards Africa.

Mauritius IS your business passport to Africa.

Thank you.

IOSCO Publishes a Report on Institutional Investors in Emerging Markets


The International Organization of Securities Commissions has published today a report on Development and Regulation of Institutional Investors in Emerging Markets, which focuses on a wide range of developmental issues and challenges faced by emerging markets seeking to develop their institutional investor base.

Some of these challenges include limited capital market size and liquidity, competition to capital market investment from substitute services, regulatory restrictions, overly dominant distribution channels and constraints on cross-border activities. Additional discussions on related macro-economic and capital market conditions in the emerging markets and analysis of cross-border activities of institutional investors are also included in the report.

The report offers a set of key recommendations for policy makers and regulators looking to attract and better regulate institutional investors in their jurisdictions. It highlights the importance of the legal protection of property and ownership rights. It also emphasizes the need to ensure reasonable transaction costs, develop flexible trading and hedging mechanisms, remove undue administrative impediments on product authorization processes, build a multi-pillar pension system with tax incentives and provide a level playing field for foreign investors. Finally, the report recommends that regulators periodically review the regulatory framework and coverage, combine deregulation with enhanced supervision and enforcement, and improve coordination with other regulatory bodies to monitor, mitigate and manage systemic risk.

OECD - Tax: Joining forces to fight financial crime and illicit activities


Financial crimes, including corruption, tax fraud and money laundering, are a threat to all countries, both developing and developed. The sums are vast. Estimates have put total proceeds from all illicit activities at 3.6% of global GDP. Recognizing the importance of the issue, G20 leaders and Finance Ministers have consistently urged all jurisdictions to work together to control this threat, to adhere to the international tax, prudential and anti-money laundering standards and have mandated OECD to help improve inter-agency co-operation in the fight against illicit activities.

In response to this call, and building on the first global event on tax and crime held in Oslo last year, senior officials from almost 60 countries - tax administrations, finance and justice ministries, financial intelligence units and central banks - as well as the World Bank, the IMF, the FATF and the United Nations; non-governmental organisations, including Transparency International and Global Financial Integrity; and the private sector, have come together in Rome to discuss an ambitious agenda and map out a plan to fight financial crime more effectively using a whole of government approach.

Opening the event OECD Deputy Secretary-General Richard Boucher, said “The crisis has led to a loss of trust and confidence. In occupy wall street, the Arab Spring, and demonstrations in a number of countries people complain that the system protects privilege and lacks transparency. Coherent, co-ordinated and effective action to fight corruption, money laundering, tax crimes and other illicit flows and to promote integrity and transparency is now crucial to restore citizens confidence.”  Read Mr. Boucher's speech.

In support of the discussions in Rome, two reports have been released today. Effective Inter-Agency Co-operation in Fighting Tax Crimes and Other Financial Crimes, is the first in-depth study of domestic inter-agency co-operation in over 30 countries. It identifies current challenges and recommends ways to improve inter-agency co-operation. The Catalogue of Instruments for International Co-operation Against Tax Crimes and other Financial Crimes provides, for the first time, a holistic view across instruments for international co-operation in tax, corruption, supervision, money-laundering, and other areas of mutual legal assistance.

Recognising that not all jurisdictions, particularly developing countries, have the investigative skills necessary for successful criminal tax investigations, participants will also discuss the launch of a pilot training programme with the aim of establishing an international academy on criminal tax investigations.

Labuan IBFC's Reputation As a Jurisdiction For Wealth Management Is Growing


Labuan IBFC is increasingly gaining reputation as a safe and tax-efficient wealth management jurisdiction to Southeast Asia's new wealthy. Labuan IBFC is now home to a rapidly-growing number of trusts and private trust companies, with more than 40 foundations being set up in 2011 alone. 

The 3rd Annual World Islamic Banking Conference held in Singapore recently saw an especially strong representation of delegates from ASEAN, an indication of the strength of wealth formation by the region's entrepreneurs. 

As a Southeast Asia's tax-efficient jurisdiction, Labuan IBFC is ideally positioned to capture the rise in demand for private wealth management solutions for the region, one of the world's few remaining economic bright spots.

“Labuan IBFC received a lot of interest (in Islamic wealth management) as it is the only tax-efficient financial centre globally that offers a complete range of Sharia compliant solutions,” said Aderi Adnan, Labuan IBFC’s Islamic Finance and Banking Advisor, who spoke at the conference. 

ASEAN is home to more than 231 million Muslims; with Muslim-majority Malaysia and Indonesia maintaining strong economic and cultural links to the oil-rich Middle East.

Mr Adnan added that the Labuan Islamic Financial Services and Securities Act 2010, the world’s first omnibus legislation encompassing all requirements for Sharia-compliant financial services, provides a ready and comprehensive range of Sharia compliant wealth management solutions. 

To complement the Islamic wealth management solutions, Labuan IBFC's legislation also provides for the formation of private trust companies and protected cell companies, ideal for the management of family offices and dynastic inheritance purposes.

Mauritius, Seychelles financial bosses to visit Jamaica


The Caribbean Research Policy Institute (CaPRI) in partnership with the World Bank will be hosting two widely respected public officials with transformational experience.

The two officials - Pierre Laporte, minister of finance for The Seychelles, and Ali Michael Mansoor, financial secretary for Mauritius - will lead participants in a dinner round-table meeting with senior public- and private-sector officials in New Kingston next week Tuesday


12 June 2012

New mobile app offer Ernst & Young Global Tax Guides


Tax executives tell us that the pace, volume and complexity of tax policy and legislation is a key driver of tax risk. Staying up-to-date with country legislation is a key challenge, wherever you do business.

EY Global Tax Guides provides access on your iPad® to Ernst & Young's suite of global tax guides including the Worldwide Corporate Tax Guide, Worldwide VAT, GST and Sales Tax and The Global Executive, covering personal income taxes in more than 150 jurisdictions. 

The Ernst & Young Global Tax Guides App provides you access to detailed country-by-country descriptions of the direct, indirect and personal tax regimes of countries around the world, allowing you to browse tax information in an offline mode.

Download the free app via the iTunes store

11 June 2012

Brazil Tops A.T. Kearney Global Retail Development Index for the Second Year


Botswana (#20) enters the GRDI ranking for the first time signaling regional growth and the future of Africa as a significant consumer market
As major developing countries become more competitive, smaller countries that deliver new growth opportunities rise in the rankings – Georgia (#6), Oman (#8), Mongolia (#9), and Azerbaijan (#17)
Today A.T. Kearney’s Global Consumer Institute released the 2012 Global Retail Development Index (GRDI), a ranking of the top 30 developing countries for global retail expansion. Brazil, is #1 for the second year in a row driven by a growing middle class economy, high consumption rates, a large, urban population, and reduced political and financial risk. In addition, Brazil’s relatively young population and high per capita spending in the apparel and luxury sectors make this country a top destination for specialty retailers.
Botswana ranked 20th in this year’s GRDI. Botswana’s entry into the GRDI ranking is a pre-cursor to steadily developing countries in the Sub-Sahara Africa region that could emerge as favorable retail markets in coming years.
Although the Arab Spring uprisings had a negative impact on the rankings of several MENA countries including Lebanon (-10 versus 2011), Morocco (-7 versus 2011) and Tunisia (-12 versus 2011), several countries from the region are still high on the ranking — U.A.E. (#7), Oman (#8), Kuwait (#12) and Saudi Arabia (#14).
Published since 2002, the GRDI ranks the top 30 developing countries for retail investment worldwide (see figure).The Index analyzes 25 macroeconomic and retail-specific variables to help retailers devise successful global strategies and to identify emerging market investment opportunities.
GRDI Results


Country2012 Rank2011 RankChange
Brazil110
Chile220
China36+3
Uruguay43-1
India54-1
Georgia6N/AN/A
United Arab Emirates78+1
Oman8NANA
Mongolia9NANA
Peru107-3
Malaysia1119+8
Kuwait125-7
Turkey139-4
Saudi Arabia1410-4
Sri Lanka1521+6
Indonesia1615-1
Azerbaijan17N/AN/A
Jordan18N/AN/A
Kazakhstan1914-5
Botswana20N/AN/A
Macedonia2129+8
Lebanon2212-10
Colombia2324+1
Panama2426+2
Albania2513-12
Russia2611-15
Morocco2720-7
Mexico2822-6
Philippines2916-13
Tunisia3018-12

The Retail Talent Index


While the world’s largest developing markets – particularly the BRIC nations of Brazil, Russia, India, and China – still tempt the largest global retailers, and show no signs of slowing down as a source of growth, many smaller, untapped markets are providing new growth opportunities. New countries in the 2012 Index include several “small gems” such as Georgia (#6), Oman (#8), Mongolia (#9) and Azerbaijan (#17) that are showing progress as attractive destinations for global retailers, particularly specialty and luxury players. These markets, though small in total retail market size, have strong fundamentals that appeal to retailers targeting a concentration of wealth and seeking to be first movers in fast-growing markets.
Michael Moriarty, A.T. Kearney partner and study co-leader commented, “Given the accelerated growth rates of developing countries compared to the anemic growth in European and North American markets, global retailers must have a strategy for expansion into developing markets. In the past five years, U.S.-based Wal-Mart, France-based Carrefour, U.K.-based Tesco and Germany-based Metro Group saw their revenues in developing countries grow 2.5 times faster than their home markets.”
Latin America’s expanding, dynamic retail sector and strong economic growth has driven strong results with seven countries included in the GRDI this year. Many retailers have entered Latin America in the last few years.
Retail sales per capita in Brazil (#1 in the Index) have grown 12 percent per year for the past four years to reach $5,514, the third largest of the countries ranked in the GRDI. The retail market size increased 15 percent last year, and consumer spending has increased by nine percent per year since 2007. In 2011, retail sales accounted for 70 percent of Brazil’s consumer spending.
Chile (2nd) has one of the most sophisticated and competitive retail markets in the region. The country is one of Latin America’s fastest-growing economies, with expected GDP growth of 6.2 percent in 2012. Inflation is low and country risk is low.
China moved up in the 2012 GRDI, ranking #3. The country’s future retail growth remains positive, with double-digit annual sales growth expected. However, inflationary pressures are driving up rents 30 percent per year, and labor costs are growing 15 percent a year. China is one of the world’s largest luxury goods markets, with more than 100 brands active in the country.
Uruguay (4th) is becoming a retail destination. Despite its relatively small local population, Uruguay’s high urbanization and strong consumption levels are attractive to retailers. The economy is progressing - annual GDP growth of 6 percent GDP since 2007 and unemployment is at an all-time low.
India (5th) remains a high-potential market with accelerated retail market growth of 15 to 20 percent expected over the next five years, supported by GDP growth of 6 to 7 percent, rising disposable income, and rapid urbanization. Changes in FDI regulations were a major story in India last year. The changing FDI climate has provided an interesting dynamic to several international retailers’ entry and expansion plans for India. Organized retail penetration remains low, at 5 to 6 percent indicating room for growth.
One of the key lessons learned over the 11 years of analyzing international retail expansion is the importance of finding and developing local talent to make global expansion a success. New markets are only as effective as their workforces, and harnessing the local talent pool is critical for reaching customers.
As part of this year’s GRDI, we have once again executed the Retail Talent Index, an examination of the best markets for retail talent. This index ranks the top 30 countries in the GRDI based on talent availability, labor regulations, and labor costs for in-store employees. This year the analysis points to Malaysia (#1), China (#2) and Chile (#3) as the developing markets with the top retail talent.
Hana Ben-Shabat, A.T. Kearney partner and study co-leader said, “Talent identification and development is just as important to successful market expansion as an underserved market and a growing consumer base. Wage inflation and staff turnover are significant obstacles for retailers entering many of the top developing countries.”

08 June 2012

IFS has completed the ISAE 3402 Type 1 audit


As a leading one-stop shop service provider in Mauritius licensed by the Financial Services Commission as a Management Company, we have committed ourselves to the ISAE 3402 audit standard, in order to make sure our Business Partners’  data and transactions are securely processed. Data integrity, IT security and adherence to international standards with regards to risk governance and control is an essential part of our business.

IFS has always had its procedures, policies and controls successfully audited by our statutory audit firm. Given the increasing need of our Business Partners to rely on ISAE3402 recognized standards, we are pleased to announce that PricewaterhouseCoopers Ltd - Mauritius has confirmed that IFS now has its Type 1 audit completed, compliant with the new International Standard on Assurance Engagements No. 3402. This ensures that relevant controls and procedures relating to important business processes in providing advisory and management services to global businesses were accurately described and suitably designed in order to achieve IFS management’s control objectives.

ISAE 3402 was issued by the International Auditing and Assurance Standards Board (IAASB) in 2010 to succeed the Statement on Auditing Standards No. 70 (SAS70). IFS Management has planned an ISAE 3402 Type 2 audit towards the end of 2012 resulting in a Type 2 Assurance Report by December 2012. In addition to the Type 1 Report, this will also address the operating effectiveness of the controls which are in scope of the audit.

07 June 2012

FATCA will further stretch saturated compliance functions, says Thomson Reuters Survey


Compliance professionals around the world have reported major gaps in their readiness for the forthcoming US Foreign Account Tax Compliance Act (FATCA), according to a new survey by Thomson Reuters. While most firms appear to be aware of the decisions that need to be taken around FATCA, minimal regulatory guidance, lack of budgetary allocation and partial board awareness threaten to stretch already saturated risk and compliance functions in the financial services sector.

FATCA, which comes into effect on 01 January, 2013, is designed to improve tax compliance for financial assets held by US persons in bank accounts and other vehicles outside the US. Under FATCA, all financial institutions – US-domestic and foreign – must classify account holders as either US or non-US based and foreign financial institutions (FFIs) are expected to identify US account holders and disclose their balances, receipts, and withdrawals to the US Internal Revenue Service (IRS).

The Thomson Reuters survey covered nearly 200 compliance, risk, audit and legal practitioners from firms across Europe, the Americas, Australasia, Asia, Africa and the Middle East.

Key findings from the report include:

  • Over half of the practitioners surveyed were unsure of the impact that the new FATCA requirements would have on their firm
  • 43% of firms are still unsure of their strategic approach for FATCA and for firms with a US legal entity in the group 51% were unsure of what approach to take in relation to US customers
  • Over a third of respondents stated that FATCA had only been discussed once or never at all at board level
  • More than 50% of respondents believed that overall responsibility for ongoing compliance with FATCA fell to the compliance function
  • Overall, 59% of respondents are expecting the new requirements to have some impact on their bottom line however, for almost 60% of firms, no separate or specific budget has been allocated to resource the preparation for FATCA

“The survey has shown a significant divide in the extent and state of preparations being undertaken for the new FATCA rules,” said Mark Schlageter, managing director, Governance, Risk and Compliance, Thomson Reuters. “While this has been driven predominantly by continued lack of clarity about what the final practical requirements will entail financial firms must ensure they fully understand the detailed impact that the final FATCA requirements will have on their businesses.”

Uncertainty around FATCA

Ongoing uncertainty amongst firms would appear to be due to a lack of clarity regarding the final FATCA regulations, which have yet to be finalised by the IRS, and the increasingly tight timescale for compliance that will be a challenge for all firms. Based on the survey results, despite FATCA rules having not yet been finalised, almost half of respondents stated that they had not only heard of FATCA but were fully aware of all the implications. The other half of respondents however confirmed that they had heard of FATCA but perhaps more realistically stated that they were, as yet, unsure of the impact it would have on their firm. Indeed 41% stated that their biggest challenge in complying with FATCA was the lack of available regulatory guidance from the IRS.

Saturated Risk & Compliance Resources

The survey indicated there will be numerous practical considerations that firms will have to take on board as result of FATCA such as the need to redevelop or redesign operations, policies and procedures, IT and other control systems, as well as the more significant strategic decisions which need to be taken such as which function will take the lead within the firm.

While regulatory requirements continue to grow, compliance teams are showing signs of resource constraints limiting their ability to perform vital compliance functions. Nearly two thirds (64%) of firms are managing the implementation of FATCA as part of business as usual or as a specific project within existing risk and control functions. According to the survey this is a cause of potential concern given the current overstretch already on risk and compliance functions in the financial services sector.

Potential Budget Gap

Despite the levels of uncertainty evident in the responses regarding strategic approach, firms appear much more confident about the likely bottom line impact of FATCA. Overall, 59% of respondents are expecting the new requirements to have some impact on their bottom line – recognition of the potentially large costs involved for the compliance, legal, IT and tax functions of identifying US account holders (on a one-off and then ongoing basis), updating systems and controls and collecting and maintaining potentially significant additional evidence. Despite this however almost 60% of firms have no separate or specific budget allocated to resource the preparation for FATCA.

Partial Board Awareness

The expectation of regulators and investors is that strong corporate governance and understanding of compliance issues is conveyed by senior management and the board. Nearly half of the firms surveyed appear to have strong board engagement through regular discussion on FATCA or it having been discussed and responsibility allocated. However for a third of firms the situation is quite different. Worryingly a fifth of respondents stated that FATCA had never been raised and discussed at board level.

A full copy of the report can be downloaded at: http://accelus.thomsonreuters.com/FATCAReport

SEBI: Revision in framework for Qualified Foreign Investor (QFI) investment in Equity Shares and Mutual Fund schemes


Vide SEBI circulars Cir/IMD/DF/14/2011 and Cir/IMD/FII&C/3/2012 dated August 09, 2011 and January 13, 2012, respectively, Qualified Foreign Investors (QFI) were allowed to invest in schemes of Indian mutual funds and Indian equity shares subject to terms and conditions mentioned therein. Subsequently, vide SEBI circular CIR/IMD/FII&C/4/2012 dated January 25, 2012, the eligibility criteria for a qualified DP was revised.

2. On a review and in consultation with the Government of India (GoI) and RBI, it has been decided to revise the definition of QFI as under:

QFI shall mean a person who fulfils the following criteria:

(i) Resident in a country that is a member of Financial Action Task Force (FATF) or a member of a group which is a member of FATF; and
(ii) Resident in a country that is a signatory to IOSCO’s MMOU (Appendix A Signatories) or a signatory of a bilateral MOU with SEBI:

Provided that the person is not resident in a country listed in the public statements issued by FATF from time to time on-(i) jurisdictions having a strategic Anti-Money Laundering/ Combating the Financing of Terrorism (AML/CFT) deficiencies to which counter measures apply, (ii) jurisdictions that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies:

Provided further such person is not resident in India:

Provided further that such person is not registered with SEBI as Foreign Institutional Investor or Sub-account or Foreign Venture Capital Investor.

Explanation.- For the purposes of this clause:

(1)The term "Person" shall carry the same meaning under Foreign Exchange Management Act (FEMA), 1999 and section 2(31) of the Income Tax Act, 1961;
(2) The phrase “resident in India” shall carry the same meaning as in the FEMA 1999, and Income Tax Act, 1961;
(3) “Resident" in a country, other than India, shall mean resident as per the direct tax laws of that country.
(4) “Bilateral MoU with SEBI” shall mean a bilateral MoU between SEBI and the overseas regulator that inter alia provides for information sharing arrangements.
(5) Member of FATF shall not mean an Associate member of FATF.

The definition of QFI, as provided in the circulars Cir/IMD/DF/14/2011 and Cir/IMD/FII&C/3/2012 dated August 09, 2011 and January 13, 2012, respectively, stands amended as above.

3. The word “Purchase” used in clause 6.1.4 of circular Cir/IMD/FII&C/3/2012 dated January 13, 2012 shall be substituted with the word “Subscription”.

4. Between clauses 8.6 and 8.7 of Circular dated January 13, 2012, clause 8.6.1 is inserted to read as under:

8.6.1. In case a person invests in the same company through both QFI route and FDI route, the aggregate holding of the person in such company shall not exceed five percent of paid up equity capital of the company at any point of time. This investment limit shall be applicable to each class of equity shares having separate and distinct ISIN. This shall be subject to guidelines on FDI as prescribed by GoI and RBI from time to time .

5. It has been decided to allow QFIs to make fresh purchases of eligible securities, out of the sale/ redemption/ dividend proceeds of any of the eligible securities. Further, it is clarified that all the eligible securities shall be held in a single demat account of the QFI. Eligible securities shall mean mutual fund units (under both direct and indirect route), equity shares, corporate debt and any other security which is permitted for investment by QFI from time to time by GoI, RBI and SEBI.


Clause 4.7.7 of circular Cir/IMD/DF/14/2011 dated August 09, 2011 and Clause 9.2.2 of circular Cir/IMD/FII&C/3/2012 dated January 13, 2012 stand amended, accordingly.

6. It has been further decided to extend the option of appointment of custodian of securities by the QFI. The QFI, if it so desires, may appoint a custodian of securities, who would be obligated to perform clearing and settlement of securities on behalf of the QFI client. However, no person shall be appointed as custodian by the QFI unless it is itself the qualified DP of the QFI and is also registered as custodian with SEBI under SEBI (Custodian of Securities) Regulations, 1996.

7. A QFI shall open a single non-interest bearing Rupee Account with an AD Category- I bank in India, for routing the receipt and payment for transactions relating to purchase and sale of eligible securities subject to the conditions as may be prescribed by RBI from time to time. Accordingly, it is clarified that henceforth there is no more requirement for opening and maintenance of a single rupee pool bank account by the qualified DP. QFIs, shall, henceforth invest in all eligible securities through this single non-interest bearing Rupee Account.

Circulars dated August 9, 2011, January 13, 2012, and January 25, 2012 respectively, stand amended as above.

This circular is issued in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act, 1992, to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.


06 June 2012

World Bank’s International Corruption Hunters Alliance Will Attack Global Corruption with Technology, Partnerships and Knowledge


On June 5-6, the World Bank Group hosted the 2nd meeting of the International Corruption Hunters Alliance (ICHA) to engage members on new technological tools and resources that can support the collective fight against global corruption.

“Technology can help us move faster and with greater accuracy to detect and catch fraud and corruption,” said Robert B. Zoellick, World Bank Group President, in his opening address to more than 300 senior anti-corruption officials and heads of enforcement organizations who participated in the meeting at the World Bank headquarters.  “We could develop a compendium of resources that support integrity in financial centers which could serve as a useful information resource for all members of the Alliance.”

Building on the network of corruption fighters that was launched in 2010, ICHA 2012 is driving the fight against corruption to a new level defined by technological tools, new bilateral and multilateral partnerships, a broader range of enforcement action and a wealth of investigative, forensic and preventive knowledge that is now accessible to all Alliance members.

“To succeed in the prevention, investigation and prosecution of fraud and corruption, we need to create a community of practice that can leverage the tools, knowledge and expertise needed to fight transnational crimes and expedite actions by national anticorruption authorities,” said Leonard McCarthy, World Bank Integrity Vice President. “Last week, the World Bank’s Sanctions Board announced the debarment of eight companies based on our investigations in a number of countries in Africa, Latin America, South Asia and the Middle East. Our investigations were facilitated to a large extent by the power of this international alliance.”

The ICHA 2012 program focused on the introduction of new approaches such as crowd sourcing and citizen engagement, the use of open source data to support forensic investigations and evidence gathering, as well as bringing a corruption prevention perspective through the experiences of a number of countries and international organizations.  In conjunction with the core program, the World Bank Group hosted a Technology EXPO to showcase technology that can be tailored to the specific needs of corruption fighters.

“Our focus this week was to learn from each other and prioritize the challenges and opportunities that can trigger collective action against global corruption,” said Stephen Zimmermann, Director of Operations at the World Bank Integrity Vice Presidency.  “Our work with members of the Alliance will continue to ensure that we are one step ahead and that our progress in fighting crime is not undermined.”

Africa: The Next Horizon for Business Opportunity


While Europe and the U.S. struggle with economic challenges, growth -- albeit at a slower pace -- continues on in emerging markets. Nowhere is this more evident than in Africa, whose nations are starting to coalesce into a massive market of more than 900 million consumers.

In this special report, Knowledge@Wharton features lessons from the rise of Rwanda; the ongoing battle over natural resources; the challenges of developing modern infrastructure, and the role of private equity in driving growth, among other themes. In addition, the report includes interviews with Eric Kacou, author of Entrepreneurial Solutions for Prosperity in BoP Markets, and Liban Soleman, chief of staff for the President of Gabon.