18 June 2013

OECD reports to G8 on global system of automatic exchange of tax information

The OECD has presented to G8 leaders the steps needed to create a fairer and more transparent global tax system.

A new OECD report, A Step Change in Tax Transparency, prepared at the request of the G8 for the Lough Erne Summit, outlines four concrete steps needed to put in place a global, secure and cost effective model of automatic exchange of information. The report follows the G20 Finance Minister’s endorsement in April 2013 of automatic exchange of information for tax purposes as the expected new standard. It says because tax evasion is a global issue, the model needs to have worldwide reach to avoid merely relocating the problem elsewhere. The process also needs to be standardised to minimise costs for businesses and governments and to improve effectiveness.

The four steps are: (i) enacting broad framework legislation to facilitate the expansion of a country’s network of partner jurisdictions; (ii) selecting the legal basis for the exchange of information; (iii) adapting the scope of reporting and due diligence requirements and coordinating guidance, and (iv) developing common or compatible IT standards. The report also provides potential timeframes for each step and notes that much of this work is already underway at the OECD. It also stresses that more and more jurisdictions are joining the Convention on Mutual Administrative Assistance in Tax Matters, which provides a legal basis for automatic exchange of information and underlines the role of the OECD's Global Forum on Transparency and Exchange of Information for Tax Purposes, which has been mandated by the G20 to monitor implementation of the new standard.

Speaking ahead of the G8 Summit in Lough Erne, Northern Ireland, OECD Secretary-General Angel Gurría said: “I congratulate the G8 for putting its full force behind international efforts to bolster sustainable growth through global solutions to tax evasion and avoidance.”

“Tax systems must be fair and be seen to be fair. The OECD is helping countries work together to put an end to offshore tax evasion by delivering a secure and cost effective system of a single global standard for automatic exchange of information.”

A growing number of European and non-European countries have agreed to join a pilot for the implementation of the standard.

The G8 Summit will also provide additional impetus to OECD’s work on addressing base erosion and profit shifting (BEPS) by multinational corporations. Mr. Gurría added: “We will also need to close the tax avoidance loopholes used by multinational corporations, create a level playing field and help governments – in developed and developing countries alike – to raise the revenues they need to provide their citizens with the services they deserve.”

Effective Investment Management for US Connected Trusts

Every professional trustee who manages or administers funds that invest in US securities or have US beneficiaries will be affected by the proposed Foreign Account Tax Compliance Act (FATCA) regime. Foreign financial institutions (FFIs) must be prepared to register and participate, or suffer withholding on all US source income and gross proceeds. Non-financial foreign entities (NFFEs) must be prepared to disclose US owners or suffer withholding on all US source income and gross proceeds.

17 June 2013

2013 FT/IFC Sustainable Finance Awards: Sustainable Investor of the Year Special Commendation


LeapFrog Investments, Mauritius chosen from among 254 entries from 164 financial institutions and 57 non-financial groups in 62 countries. LeapFrog invests in financial services companies serving the next billion emerging consumers. Its portfolio doubled in size last year to reach 21.9 million people with insurance and savings products that help them take calculated risks to emerge from poverty. Revenue has grown 20% on average in its portfolio companies.

Offshore Pilot Quarterly (June 2013, Volume 16 Number 2)

In Full Bloom

If what the 17th-century playwright, William Congreve, said is true: “Uncertainty and expectation are the joys of life”, then Latin America promises bountiful happiness for years to come. 

The rapid developments taking place in Latin America have caught many by surprise and increasingly there are surveys, reports and articles providing historical, political and economic detail. 

I hope that this issue of the Quarterly will provide, if not joy, then at least some guidance.  Oscar Wilde said:  “The only thing to do with good advice is to pass it on.  It is never of any use to oneself”.  In pointing the compass towards Latin America, therefore, I hope I can go some way towards offering a little of it through commentary laced with history and humour.  Some of the advice has been given before, but I think 2013 is a propitious moment to repeat it.

Just because today Europe and, to a lesser extent, the United States of America, have lost their confident, buoyant stance of a decade ago, it does not mean Latin America is home and dry; as for the euphoria experienced by some, as I write this, over the American stock market rise, I lean towards the Menckenian view that the flowers one smells suggest a funeral and not a wedding.   Latin America may be in full bloom, with not a hearse in sight, but it must temper its growing confidence and avoid the fate of Icarus, ecstatic with the ability to fly, who flew too near the sun on wings of feathers and wax. 

The focus on commodities has carried inherent risks and enticed some countries closer to the sun; but prices can never be constant and declines follow surges.  A cautious smelling of flowers – as events this year have shown – is recommended.  Commodity prices rose strongly due to the industrialisation and urbanisation of China that created a supercycle of high demand compared with low prices in the 1990s.  Whatever re-balancing may be going on in China today, the weather and Mammon are key for commodities.  Look at Japan’s earthquake and tsunami as well as the Arab Spring which caused spikes in prices from oil to wheat and gold.  In sum, geopolitical and environmental uncertainties could see an era of volatility in prices that might last through this decade and so Latin Americans, in similar fashion, should re-balance their economies too.

The important point here is that Latin American nations have to continue to wean themselves off too great a dependency on commodity exports and concentrate on finding ways to develop viable, long-term alternatives, such as services industries – the key to Panama’s success – while at the same time tackling crime rates, corruption, shaky tax systems, and political divisions.  This they have started to do, although internal divisions tend to flare up as they did in January at a biennial summit with the European Union in Chile’s capital, Santiago.  Perhaps in anticipation of this, most of Europe’s important leaders did not attend (astutely, Germany’s Angela Merkel and Spain’s Mariano Rajoy did). 

It is the Pacific Alliance, however, that has taken centre stage and which is a newly-formed group of countries comprising Colombia, Chile, México and Perú; Paraguay, Panamá and Uruguay are also interested in taking part.  Even although the region has a growing number of self-confident and independent democracies now, the differences in temperament displayed in January at the EU summit highlight not just the Latin culture, but the variances in it across the many Central and South American countries.  

Green Shoots

But for me one of the most important issues has been raised by México’s former Economic Secretary, Bruno Ferrari García, who says that economies need to be integrated to bolster the future economic well-being of the region.  Importantly, intra-trade could lead to closer integration of tax systems, promoting more uniformity and clarity.  Green shoots are appearing everywhere.

The region needs to continue to look inward, and not just outward, to a Latin American market of over 550 million people; the level of growth is only second to Asia’s. While the region’s natural resources have fuelled expansion in China and India, meeting domestic demands (as China and India are doing) will be a powerful back-up in the future. 

Where can investors feel that their money can be put to work for a reasonable return in what are dismal economic days for many countries?  Not just in Asia; with Latin America (in particular Brazil) experiencing growing domestic demand – in itself, as I say, a buffer against outside calamities – and by already trading less with the rest of the world than Asia does, investment prospects are promising.  At least by being more self-reliant it stands a better chance of lasting 10 rounds in the global ring, even if bloody and bruised. And let’s not forget that beyond the rivalries of China and the US, vying with each other in their bid to capture market share (not to mention influence) in Latin America, the EU is a player too.  It is a fact that the EU has provided the main source of direct foreign investment in the region during the last decade.  The EU has enthusiastically pursued trade deals with Colombia and Perú, for example, which should not only open up markets but reduce considerably tariff barriers.  It is worth noting that as long ago as 2010 trade between the EU, Colombia and Perú alone was worth 16 billion euros. 

Trade ties between regional countries are strengthening.  Just consider the case of Brazil and México which are the largest economies in Latin America and make up the lion’s share of the region’s gross domestic product; their combined population is not far off the number of people living in the US.  After a series of successful business negotiations more Mexican goods are heading south to Brazil rather than remaining in the local market.  Besides Brazil, exports to South America in general are gaining traction, according to México’s economy ministry.

Although the EU is the biggest investor in Latin America, in 2010 for the first time in more than a decade, South America overtook the EU as a destination for Mexican exports.  But to get this in perspective, that same year it was reckoned that 80% of Mexican exports went to the US, so the importance of the US market remains; unfortunately, it follows that México’s economy is, to a great extent, a hostage to the one north of the border – although I expect the Pacific Alliance will change things.

When we talk of intra-trade in Latin America we are not talking just fruit and vegetables; quite the contrary:  the items available today are often, I quote, “truly globally competitive products that are diversified”, says Chris Sabatini, senior director of policy at the New York-based Council of the Americas.  Important products in Latin America include medium or high-tech goods such as passenger vehicles, tractors, medicines and telecommunications equipment.  

Flood Conditions

I thought back to a comment made by Winston Churchill during the Second World War, when the pace and uncertainty of momentous events was unprecedented.  He said that the receptive capacity of a man’s mind was like a three-inch pipe running under a culvert.   When a flood comes the surplus water flows over the culvert whilst the pipe goes on handling its 3 inches and no more.  Well today the changes (and the speed of them) taking place across Latin America can flood the human mind. 

Brazil, of course, is Latin America’s Goliath, but big changes can be found throughout the region which means that Brazil is not the only horse pulling the cart.  In the case of tax innovation, however, it does seem to be the lead horse and from which many regional countries could learn.

It’s hard to keep abreast of things, which brings me to the tax men in Argentina who were on the trail of tax-evading plastic surgeons apparently not declaring income from breast implant surgery.  It has been estimated that the value of imports of implants from Brazil, France and the US was US$15 million in 2008-9, for example, which should have generated US$50 million revenue for doctors and clinics but according to income declared there was a tax shortfall of US$10 million.  But there was no fear of them going bust, if not literally, because the tax authorities reckon that up to 80% of the income earned from all plastic surgery performed is undeclared. 

Taxes will test the patience of those doing business in Latin America and here’s how one president described his tax system.  It is “complicated, unfair, cluttered with gobbledygook and loopholes designed for those with the power and influence to hire high-priced legal and tax advisers”.  Any country in the region fits the bill except that in this case the country was the US and the president was Ronald Reagan making a televised speech in 1985. 

But that’s not to say that things aren’t changing; like a fully-laden oil tanker, turning the ship around takes time.  As in many things, it is Brazil that leads the way, if not a little clumsily.  Jean Baptiste Colbert asserted that the art of taxation means plucking the goose in such a way that the maximum of feathers, with the minimum of hissing, is achieved; Latins have been heavy-handed and the number of geese in the region hissing from rough treatment is growing. 

Regular readers of Offshore Investment, the British financial services journal, will know that back in October 2010 (and since) I wrote about the changes to Brazilian tax law under the title “The Hissing Goose” which put Delaware and other US states offering Limited Liability Companies in the spotlight, but suffice it to say that in the case of Brazil new reporting rules and regulations have impacted on the ease with which foreigners can use foreign entities to, euphemistically speaking, lighten their tax burden. 

Animal Instincts

Now that the term “tax favourable jurisdiction” in Brazilian tax law has been extended to countries beyond the usual suspects, (the tax havens), the rules of the game have changed.  Back in 2003 Brazil introduced legislation which increased the withholding tax rate from 15% to 25% on capital gains incurred by non-resident beneficiaries doing business in Brazil who met the criteria.  Originally the tax code only covered payments to non-residents located in a “country that does not tax income, or that taxes it at a minimum rate lower than 20%” whereas now it states that, and I quote:  “It is also considered a tax haven the country or dependency where the law does not allow the access to information regarding the shareholding composition of the company, its ownership, or the effective beneficiary of income earned by non-residents”.  The reference to “or dependency” in this context includes states within the US, whether the country itself has been blessed by the OECD and placed on its tax white list. 

The glare was not just on Delaware, a favourite with foreigners, because countries that have been classified with having privileged fiscal regimes include Luxembourg, Denmark, the Netherlands and Spain.  But for Delaware to be singled out by Brazil is somewhat of an embarrassment, considering the United States’ vocal condemnation of what it labels jurisdictions plying their trade with the benefits of secrecy. 

While US taxes due from Delaware LLC operations will be paid, those with no such obligation can operate non-US business anonymously, like Argentinean plastic surgeons, for example, and elect not to declare earnings to their own government; when such disinterest in tax compliance is shown by International Financial Centres that prejudice the US, its government considers them hostile.  In fact, the head of the Global Forum Secretariat called the LLC issue a “serious deficiency”.  Brazil’s largest trading partner, China, no longer accepts treaty benefit applications from Delaware LLCs. 

Unfortunately, in Animal Farm fashion, by which some are indeed more equal than others, Brazil’s detrimental designation has been suspended in Delaware’s case as diplomatic discussions with the US ensue; George Orwell would have understood and perhaps the G8 will also at their meeting this month in London when the British prime minister assumes the one-year presidency of the steering group of nations comprising Canada, France, Germany, Italy, Japan, Russia, the United Kingdom and the US.  One of the main items on the agenda is how to tackle tax evasion and encourage greater transparency and accountability.

From farce to other issues.  Taxes can be but one of many tortuous trips that businessmen bound for Latin America may be required to experience, but my advice is not to be overwhelmed; be Churchillian about it and accept the 3-inch pipe’s limitations; and remember, too, William Congreve’s words.  That way, the adventurous, with determination, will find the hidden treasure that Latin America has always promised to the bold.

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

Mauritius FSC / US SEC Training Programme on Effective Oversight of Capital Markets: Compliance, Examinations, Investigations and Prosecutions of Securities Fraud and Abuse

The Financial Services Commission (Mauritius) is proud to be hosting a training programme on the “Effective Oversight of Capital Markets: Compliance, Examinations, Investigations and Prosecutions of Securities Fraud and Abuse”, in collaboration with the United States (US) Securities and Exchange Commission (SEC) from the 5th August 2013 to 8th August 2013.

This training programme will feature renowned speakers from the US SEC and will cover best practices in the oversight of capital markets to maximize both investor protection and market development. The speakers will emphasize practical solutions to common market problems and abuses, including how to address pyramid and Ponzi schemes. The program will also feature several case studies.

Please note that participation to the training programme is by invitation only.

15 June 2013

ICIJ Releases Offshore Leaks Database Revealing Names Behind Covert Companies, Trusts

Readers can use new interactive database to search information about the ownership of tens of thousands of offshore entities in tax havens

The International Consortium of Investigative Journalists overnight published a database that, for the first time in history, will help begin to strip away the secrecy across 10 offshore jurisdictions.

The Offshore Leaks Database allows users to search through tens of thousands of secret companies, trusts and funds created in offshore locales, and displays graphic visualizations of offshore entities and the networks around them, including, when possible, the company’s true owners.

The database is part of a cache of 2.5 million leaked offshore files ICIJ (a project of the Center for Public Integrity) analyzed with 112 journalists in 58 countries. Since April, stories based on the data — the largest stockpile of inside information about the offshore system ever obtained by a media organization — have been published by more than 40 media organizations worldwide, including The Guardian in the U.K., Le Monde in France, Süddeutsche Zeitung and Norddeutscher Rundfunk in Germany, The Washington Post, and the Canadian Broadcasting Corporation (CBC).

EU Commissioner Algirdas Semeta said the ICIJ’s investigation has transformed tax politics and amplified political will to tackle the problem of tax evasion – and that the need for tax transparency overrides the principle of data privacy.

And during a visit to the White House in May, British Prime Minister David Cameron made astrong pitch for tackling “the scourge of tax havens”, saying “we need to know who really owns a company, who profits from it”.

The Offshore Leaks web app allows readers to discover exactly that – as well as explore the relationships between clients, offshore entities and the lawyers, accountants, banks and other intermediaries who help keep these arrangements secret.

Search the ICIJ Offshore Leaks Database at http://offshoreleaks.icij.org

14 June 2013

Mauritius - Special Purpose Fund

Mauritius ranks amongst the most flexible and advantageous fund domiciles due in no small part to the wide gamut of funds such as the Special Purpose Fund that may be established under the legal and regulatory system of Mauritius.

The Special Purpose Fund regime was introduced in Mauritius with the promulgation of the Financial Services (Special Purpose Fund) Rules 2013 made by the Financial Services Commission ("FSC") under section 93 of the Financial Services Act 2007 and sections 9, 10, 12 and 39 of the Private Pension Schemes Act 2012  

The FSC may, on application, approve a scheme as a special purpose fund if -
  1. the purpose of the scheme is to conduct investment solely in countries which do not have a tax arrangement with Mauritius;
  2. the purpose of the scheme is to invest mainly in securities whose returns will be exempted from taxation; or
  3. all the investors of the schemes are pension schemes or other persons entitled to tax exemption.
“scheme” means a collective investment scheme or a closed-end fund authorised by the FSC under Section 97 of the Securities Act;

“tax arrangement” means an arrangement between countries for relief from double taxation in pursuance of section 76 of the Income Tax Act;

The FSC shall not approve a scheme holding a Global Business Licence as a special purpose fund.

An approval under the Financial Services (Special Purpose Fund) Rules 2013 may be subject to such conditions as the FSC may deem necessary.

13 June 2013

Prest (Appellant) v Petrodel Resources Limited & Others (Respondents) [2013] UKSC 34

This appeal arises out of proceedings for financial remedies following a divorce between Michael and Yasmin Prest. The appeal concerns the position of a number of companies belonging to the Petrodel Group which were wholly owned and controlled by Michael Prest, the husband. One of the companies was the legal owner of five residential properties in the UK and another was the legal owner of two more. The question on this appeal is whether the court has power to order the transfer of these seven properties to the wife given that they legally belong not to the husband but to his companies.

Under Section 24(1)(a) of the Matrimonial Causes Act 1973 (“the 1973 Act”), the court may order that “a party to the marriage shall transfer to the other party…such property as may be so specified, being property to which the first-mentioned party is entitled, either in possession or reversion.” In the High Court, Moylan J concluded that there was no general principle that entitled him to reach the companies’ assets by piercing the corporate veil. He nevertheless concluded that a wider jurisdiction to pierce the corporate veil was available under section 24 of the 1973 Act. In the Court of Appeal, three of the companies challenged the decision on the ground that there was no jurisdiction to order their property to be conveyed to the wife. The majority in the Court of Appeal agreed and criticised the practice of the Family Division of treating assets of companies substantially owed by one party to a marriage as available for distribution under section 24 of the 1973 Act.

JUDGMENT

The Supreme Court unanimously allows the appeal by Yasmin Prest and declares that the seven disputed properties vested in the companies are held on trust for the husband on the ground (which was not considered by the courts below) that, in the particular circumstances of the case, the properties were held by the husband’s companies on a resulting trust for the husband, and were accordingly “property to which the [husband] is entitled, either in possession or reversion”. Lord Sumption gives the leading judgment and Lord Neuberger, Lady Hale, Lord Clarke and Lord Walker add concurring judgments.

REASONS FOR THE JUDGMENT

There are three possible legal bases on which the assets of the companies might be available to satisfy the lump sum order against the husband: (1) that this is a case where, exceptionally, the Court may disregard the corporate veil in order to give effective relief; (2) that section 24 of the 1973 Act confers a distinct power to disregard the corporate veil in matrimonial cases; or (3) that the companies hold the properties on trust for the husband, not by virtue of his status as sole shareholder and controller of the company, but in the particular circumstances of the case [9].

After surveying the authorities, the Court holds that there is a principle of English law which enables a court in very limited circumstances to pierce the corporate veil. It applies when a person is under an existing legal obligation or liability or subject to an existing legal restriction which he deliberately evades or whose enforcement he deliberately frustrates by interposing a company under his control. The court may then pierce the corporate veil but only for the purpose of depriving the company or its controller of the advantage which they would otherwise have obtained by the company’s separate legal personality. In most cases the facts necessary to establish this will disclose a legal relationship between the company and its controller giving rise to legal or equitable rights of the controller over the company’s property, thus making it unnecessary to pierce the veil. In these cases, there is no public policy imperative justifying piercing the corporate veil. But the recognition of a small residual category of cases where the abuse of the corporate veil to evade or frustrate the law can be addressed only by disregarding the legal personality of the company is consistent with authority and long-standing principles of legal policy. [35] The principle has no application in the present case because the husband’s actions did not evade or frustrate any legal obligation to his wife, nor was he concealing or evading the law in relation to the distribution of assets of the marriage upon its dissolution [36]. Some of the concurring judgments reserve the possibility of a somewhat wider test, but not in respects which affect its application to the present case.

The Court rejects the argument that a broader principle applies in matrimonial proceedings by virtue of section 24(1)(a) of the 1973 Act. The section invokes concepts of the law of property with an established legal meaning which cannot be suspended or taken to mean something different in matrimonial proceedings [37]. Nothing in the statutory history or wording of the 1973 Act suggests otherwise [86-9]. General words in a statute are not to be read in a manner inconsistent with fundamental principles of law unless this result is required by express words or necessary implication [40]. The trial judge’s reasoning cut across the statutory scheme of company and insolvency law which are essential for protecting those dealing with companies [41].

It follows that the only basis on which the companies could be ordered to convey properties to the wife is that they belong beneficially to the husband, by virtue of the particular circumstances in which the properties came to be vested in them [43]. After examining the relevant findings about the acquisition of the seven disputed properties, the Court finds that the most plausible inference from the known facts was that each of the properties was held on resulting trust by the companies for the husband. The trial judge found that the husband had deliberately sought to conceal the fact in his evidence and failed to comply with court orders with particular regard to disclosing evidence [4]. Adverse influences could therefore be drawn against him. [45]. The Court inferred that the reason for the companies’ failure to co-operate was to protect the properties, which suggested that proper disclosure would reveal them to beneficially owned by the husband [47]. It followed that there was no reliable evidence to rebut the most plausible inference from the facts [49-51].

CCFD-Terre Solidaire: Aux paradis des impôts perdus

Longtemps ignorée ou minorée, la responsabilité des entreprises multinationales dans le pillage des recettes fiscales est devenue un objet de mécontentement de l’opinion.

Apple, Google, Glencore ou Starbucks, les récents scandales de mieux en mieux relayés par les médias, exposent aux yeux de tous, la faiblesse de la contribution fiscale des entreprises dans un contexte de raréfaction des ressources publiques. Un récent sondage Guardian / ICM poll a d’ailleurs révélé que 40% des britanniques se déclarent prêts à boycotter des entreprises qui pratiquent l’évasion fiscale [1].

Dans les pays en développement, l’enjeu est d’autant plus important que les flux financiers illicites vers les paradis fiscaux progressent à un rythme plus rapide que les économies, privant ainsi les populations d’une partie des retombées de la croissance actuelle. En 2010, près de 1138 milliards de dollars se seraient ainsi évaporés !

L’incapacité des administrations des pays en développement mais également des pays riches à lutter contre cette délocalisation artificielle des profits invite à revoir dans les meilleurs délais les règles du jeu pour mettre hors la loi les pratiques certes légales mais abusives qui y contribuent. Le sujet est cette année à l’agenda de tous les sommets internationaux. Après les chefs d’Etats de l’Union européenne, le 22 mai 2013, c’est au tour des pays du G8 (Sommet de Lough Erne des 17 et 18 juin 2013) puis du G20 (réunion des ministres des Finances les 19 et 20 juillet puis des chefs d’Etats en septembre) de s’atteler au problème. L’OCDE a été mandatée pour plancher sur des propositions concrètes de révision des règles de fiscalité internationale des entreprises multinationales. Les solutions sont en partie connues. Encore faudra-t-il le courage politique d’imposer des règles contraignantes de transparence aux multinationales afin de rétablir une juste réallocation des richesses créées, en particulier au bénéfice des pays en développement.

Pour encourager les chefs d’Etats à passer à l’action, le CCFD-Terre Solidaire, en partenariat avec la Revue Projet a renouvelé l’exercice déjà réalisé en 2010, d’analyser la présence des cinquante premières entreprises européennes dans les paradis fiscaux, à partir des documents publics produits par les entreprises.

Sans constituer une preuve d’évasion fiscale, la concentration massive de filiales dans les territoires les plus opaques de la planète, observée dans cette enquête, dévoile l’étendue du problème. D’autant qu’un grand secret entoure les comptes des 50 premiers groupes européens et leurs 208 milliards d’euros de profits cumulés en 2012. Impossible en effet de connaître la répartition géographique de leurs activités ou de s’assurer que la localisation des bénéfices correspond à la réalité de la richesse créée dans chaque pays de production ou de consommation.

Première surprise, le périmètre exact des 50 premières multinationales européennes est incertain. Seulement 60% d’entre elles donnent la liste exhaustive des filiales. Leur localisation est même impossible dans le cas de Total.

Aucune entreprise n’échappe à l’attrait des paradis fiscaux. Elles y détiennent en moyenne 117 filiales chacune, soit 29% de leurs filiales étrangères.

Les territoires européens abritent 63% de ces filiales offshore. Les destinations de prédilection sont, dans l’ordre, les Pays-Bas, l’État du Delaware (États-Unis), le Luxembourg, l’Irlande et les Îles Caïman, dépassant de loin les économies émergentes de la planète. Les 50 groupes étudiés ont aux îles Caïman davantage de filiales qu’au Brésil et deux fois plus qu’en Inde. Même la Chine n’attire guère davantage que le Luxembourg.

Cette présence dans les paradis fiscaux n’a pas diminué depuis 2009. Le nombre de filiales offshore dont elles révèlent l’existence ne cesse d’augmenter, même si la progression est moindre que celle du nombre total de filiales.

Enfin, les informations mises à disposition du public dans les rapports d’activité restent très parcellaires. Le peu de données disponibles révèlent déjà quelques anomalies et montrent surtout que l’information est disponible, quand l’entreprise le veut.

Alors que la mobilisation citoyenne et politique s’accroît, les propositions de la société civile commencent à être prises en compte. Des avancées historiques ont été obtenues récemment pour les banques et le secteur extractif au niveau européen. Mais le contexte politique actuel exige des mesures beaucoup plus ambitieuses, notamment la généralisation de la transparence comptable pays par pays pour tous les secteurs d’activité. L’objectif ? Rendre lisible les stratégies d’évasion fiscale des grands groupes et donner des armes efficaces aux administrations fiscales de tous les pays pour y mettre fin.




[1] Enquête réalisée par le Guardian et ICM poll « Four in 10 might join consumer boycott over tax avoidance », Tom Clark, 10 juin 2013

Rundheersing Bheenick: Mauritius – the financial crossroads of the world

Text of the OMFIF (The Official Monetary and Financial Institutions Forum) Lecture by Mr Rundheersing Bheenick, Governor of the Bank of Mauritius, London, 30 May 2013.

Thank you OMFIF for the invitation to address such an impressive audience as the one I see this morning at the equally-impressive Armourers’ Hall. This elegant and sophisticated hall is steeped in history. I understand that it has served as the home of the Armourers’ Company for over six and half centuries since 1346. This company has played a special role in the defence of the City and supported many charities focusing, amongst others on education. One could hardly have wished for a better venue than this magnificent hall.

OMFIF suggested as the theme for my address this morning “Mauritius: The Financial Crossroads of the World”. At first, I thought that the theme was proposed perhaps half in jest. The qualifier would certainly be more appropriate for the City of London where we are meeting – but Mauritius as a financial crossroad, and that too of the world, who would have thought such a thing? Close examination of the OMFIF cheek did not reveal any sign of tongue. They were quite serious about it, and there was no alternative but to go ahead and get organised to talk to you on this subject.

As I was trying to gather my thoughts about what exactly I should be talking about this morning, I could not help reflecting what a difference the last fifty years have made in the life of this small island-state, tucked far away in a remote corner of the Indian Ocean. Fifty years ago, few people in the banking and business community had even heard about Mauritius, much less thought of it as a Financial Crossroad. Those who knew the place thought of it as a basket case, without any prospects. I have it on good authority that the first-ever World Bank mission to Mauritius in 1962, just a few years before the country became independent, had delivered a devastating verdict:

“This country exudes an air of hopelessness”

This was the view of Jean Baneth, World Bank Mission Chief, who was then working on India and had been sent to do a quick diagnosis of the Mauritian case. He was not alone in his negative judgment of the country. V.S. Naipaul, acclaimed novelist and commentator, had also delivered an equally scathing verdict after a short visit to Mauritius in 1967. This was well encapsulated in the title of the piece he wrote, and which he obviously liked as he retained it as the title of his subsequent book, which included the Mauritius piece along with several other longer articles of his. What was the title?

“The Overcrowded Barracoon”

Mauritius was not just reducing visiting World Bank experts and noted political and social commentators to despair. The contagion engulfed such famous academics as Richard Titmus, the noted sociologist, and the future Nobel economics prize-winner Sir James Meade. For them, and for many others who followed, Mauritius was sinking under the weight of runaway population growth which its sugar economy could not conceivably bear. The country’s economic future looked dim and its citizens were leaving its shores in droves looking for better prospects elsewhere – Australia, Canada, South Africa and the United Kingdom. Another bugbear exercising the minds of knowledgeable observers was that the country was heading for a monumental blow-up. Surely, half a million people of diverse origin, − African, Asian, European, − practising many religions and speaking a Babel of languages, could not survive on this crowded, impoverished island. They were bound to be at each other’s throat as soon as the colonial overlord left.

Mauritius had indeed come down in the world. To understand the full impact of this déchéance, it would be good to remind ourselves that, much earlier, during the height of the colonial struggle after Vasco da Gama had rounded the Cape of Good Hope in search of the riches of the Indies, Mauritius was at the centre of the colonial scramble for position in this part of the Indian Ocean. A favourable location in the Indian Ocean, added to the prevailing trade winds, turned Mauritius into a staging post of choice for sailing ships on their way to India and the Dutch East Indies. We proudly sport a relic of those glorious days, in our national Coat of Arms:

Stella Clavisque Maris Indici.

The Star and the Key of the Indian Ocean − no less!

By the time of James Meade and the others, sugar, which was the mainstay of the economy had earned the country the reputation of Sugar Bowl Island. And sugar was rapidly running out of steam. The economic problem had been reduced to a race between population and productivity. The Star had definitely lost its shine and the Key was not unlocking any door, certainly not one to a brighter future. It certainly looked as if Mauritius was going the way of the dodo, the eponymous bird that had forgotten how to fly on the isolated island of no predators and fell victim to the appetite of struggling Dutch settlers. It is not my intention to tell you the full story of either of these two transformations, from Star and Key to basket-case, and then from basket-case to a rising star on the African continent. I evoke it just to drive home the sheer enormity of the task accomplished in this second transformation, achieved in slightly over one generation, so that it now seems perfectly natural to discuss whether this erstwhile basket-case is now a financial crossroad of the world.

In what follows, I interpret “financial crossroads” to refer to International Financial Centres, or IFC’s. Let me state categorically that I do not view tax havens as IFC’s and I do not believe that traditional, secretive, opaque tax-havens have much of a business case these days. These “sunny places with shady finances”, as they have been called, will have to change rapidly if they are to survive in some form or other. We in Mauritius have always rejected the “tax-haven” label as we are a jurisdiction of substance, which comes with a real, diversified, and thriving economy attached.

I could begin by debunking the notion that Mauritius is, or will soon become, the financial crossroad of the world. Had I come from our investment promotion agency, I would probably be arguing that Mauritius is not only the financial crossroad of the world, but perhaps also the centre of the universe. I shall take a more measured view. In my substantive remarks, I shall discuss briefly the case for offshore jurisdictions, and offshore banking and tax planning facilities. I shall consider the recent Cyprus episode and seek to draw some lessons for IFC’s. I shall spend a little more time on the Mauritian offshore experience and argue that Mauritius is an IFC with a difference. Offshore is not the only game in town as Mauritius comes with a real economy attached. There will be continuing demand for packaging a rising volume of investment flows and for other professional services on the African continent and elsewhere which could drive Mauritius to a more prominent position in the offshore space.

I. The case for small offshore jurisdictions, offshore banking and tax planning facilities.

Small jurisdictions seem to have a comparative advantage as IFC’s. Historically, partly at least because of their size which limited other economic activities, small states have been more open to the world. This has allowed them to exploit emerging niches and embrace global trends more rapidly than bigger countries. They have proved to be more flexible than bigger economies and have adapted more easily to changing circumstances. Both their populations and their GDP are but a tiny fraction of world population and world GDP. Faced with limited options for development, many sought to become Offshore Financial Centres (OFC’s). OFC’s are generally defined as small, low-tax jurisdictions specializing in providing corporate and commercial services to non-resident offshore companies and for the investment of offshore funds. However, abuse in some jurisdictions has too easily and mistakenly fed the perception that OFC’s are tax havens. Unsurprisingly, OFC’s are the object of constant attack, especially from the OECD and the G20. They seem to have spawned a cottage-industry of specialists regularly taking potshots at OFC’s.

We cannot ignore the fact that small country IFC’s play an important role as conduits of cross-border capital flows and investments. It is estimated that as much as half the world's capital flows go through offshore centres. An estimated £13–20 trillion is hoarded away in offshore accounts. Small country IFC’s, with a little over 1% of world population, hold 26% of the world's wealth, and 31% of the net profits of United States multinationals transit through them.

II. Let me turn to the question whether the Cyprus episode spells the knell for IFC’s as we know them.

There is no denying that the reputation of small country IFC’s has taken a severe blow in the wake of the Cyprus crisis. Cyprus incurred direct losses of the order of EUR4 billion or 23% of its GDP. The mind boggles at the thought of our economies taking such a big hit because of malfeasance in our offshore banking activity. The austerity cure, imposed by the Troika, and the population’s reaction to it has added new jargon to the language of economic discourse. The thought of being “cypressed” strikes fear in the mind of policy-makers in all small countries, not just IFC’s. For most IFC’s, such a possibility is extremely remote. Some attributed the crisis to the fact that the Cypriot banking sector was disproportionate to the size of the economy. This led to the policy prescription of a quantitative limit on banking assets of 3.5 times of GDP, arbitrarily proposed at the EU level. With the benefit of hindsight, we can assert that such a limit would not have prevented the kind of problems encountered by Cyprus. The truth lies in the fact that Cyprus was excessively exposed to Greece on the assets side and to Russia on the liabilities side.

The lesson that I draw from this is not that IFC’s as a class are bound to disappear or, at best, condemned to a slow death. I would rather argue that small country IFC’s need to exercise care in the conduct of their business, appropriately assess potential sources of risk and better manage their asset and liability mix. Both of these points are clearly illustrated in the next two slides, which compare Cyprus banking ratios and financial soundness indicators, with three other offshore jurisdictions including Luxemburg and Mauritius. Malta and Luxemburg have 8 times and 17 times of their GDP, respectively, by way of banking assets. But their FSI’s in the next slide, show that they had a more robust banking sector, as reflected for example by their non-performing loans – less than 0.5% for Luxemburg while it was nearly 16% for Cyprus. The case of Luxemburg provides ample evidence of the solidity of the banking sector of a country even when its banking assets represent 17 times its GDP. The short story is that the Cyprus episode does have lessons for other jurisdictions but it has no immediate relevance for most of them because they do not run their banking and finance the way Cyprus did. It certainly does not mark the end of the road for solid, transparent, well-regulated IFC’s.

III. Which brings me rather neatly to Mauritius and its home-grown model of an IFC.

The previous two slides provide an indication of the size of the Mauritius offshore banking sector and its financial soundness. Our banking sector assets are less than three times our GDP, the lowest in the sample, and evenly divided between domestic and offshore assets. The FSI’s show a sound banking sector, well-capitalised and nearer Luxemburg on most measures with, for example, non-performing loans at less than 4%, half the level of Malta, and regulatory capital to risk-weighted assets at 17%, very close to Luxemburg’s 19%. We started on our offshore journey in 1988. An earlier attempt, a decade earlier when the economy was about to go into intensive care, proposed by a Caribbean consulting company unashamedly calling itself Tax Haven International, was shot down by the IMF which had been called in to advise on the matter. By the late 1980’s, we had emerged from the tutelage of the Bretton Woods institutions and a bevy of stabilisation and structural adjustment programs. The economy was fitter and on the lookout for new engines to power the next stage of growth, to add to sugar, export manufacturing and tourism which were all doing well.

It may not be deemed prudent these days to admit to any Cyprus connection but we did draw on the Cyprus experience when we were finalising plans for our own offshore business sector. It may be still less prudent to admit that it was BCCI staff on the ground that facilitated our contacts with the Cypriot authorities and its offshore banking sector. We drew on this and other models as we set about developing, in a phased manner, our home-grown model. This has proved to be more resilient than some of the models that inspired us – not least because our financial sector benefited from an increasingly-diversified and growing real sector and from a multilingual pool of professionals in accounting, law, management, and finance. Financial Intermediation today provides more than 2% of the total employment in the country and the trend is on the rise.

We developed an extensive network of Double Taxation Avoidance Agreements (DTAA) and Investment Promotion and Protection Agreements (IPPA) with several countries, both developed and emerging. Our strategic location in the Indian Ocean proved to be an added advantage which enabled us to carve a niche in the region. When India started major economic reforms in the wake of the 1991 balance of payments crisis, Mauritius which had signed a DTAA with India years earlier, seized the opportunity to emerge as the largest conduit of foreign inflows to India averaging 43% of total inflows into the Asian giant over the past decade. The most important provision in the DTAA between India and Mauritius has been that the capital gains earned by a company resident in Mauritius on disposal of shares of an Indian company are tax-exempt in India. As a consequence, Mauritius has enjoyed a prominent place in tax treaty planning of private equity players, multinationals, and global fund houses investing into India.

We adopted high standards of rigorously-enforced regulation proposed by the Financial Action Task Force, the Organisation for Economic Cooperation and Development (OECD) and the International Monetary Fund (IMF). We go beyond merely applying those international norms; we are also committed and cooperative partners in compliance legislation. Our efforts paid dividends – OECD placed us on its white list which means that our jurisdiction has substantially implemented the internationally-agreed tax standards. More recently, we have initiated consultations with the US Revenue Authority to become FATCA-compliant. Mauritius has also adopted tax information exchange protocols to allow foreign countries to investigate suspected tax evasion.

As a small, isolated, island, we lost no opportunity to join regional economic groupings. When some of our needs were not met by existing bodies, we set about creating others, and two of these are actually headquartered in Mauritius. Mauritius joined the Common Market for Eastern and Southern Africa (COMESA), having been a founder-member of its precursor, the Preferential Trade Area. We joined the Southern African Development Community (SADC), at the same time that SADC opened its doors to post-apartheid South Africa. We initiated the short process that culminated rapidly in the establishment of the Indian Ocean Commission in 1982 and the bigger Indian Ocean Rim Association for Regional Cooperation in 1995. We are committed to be an active player in regional cooperation. The Bank of Mauritius serves as the Settlement Bank of the Regional Payments and Settlement System of COMESA. Mauritius hosts AFRITAC (South) – the 4th regional technical assistance centre of the IMF in Africa. The COMESA Fund and the Africa Training Institute of the IMF will soon start operations in Mauritius. The day is not far when Mauritius will obtain observer status in the Eastern African Community and ASEAN. Our vision to become a bridge between rising Asia and Africa is something that we have been patiently working on for several decades. A visible outcome is the fact that nearly half of our GBCs have been used as vehicles for investment in Kenya, Mozambique, Zimbabwe and South Africa.

Our banking sector

Little did we know how radically we were going to transform the financial landscape when we adopted in 1988 banking legislation to enable offshore banking. That was just 25 years ago. We then had 13 banks, all involved in domestic banking. By 1998, the numbers had changed to 10 domestic banks and 9 offshore banks. The sector was quite dynamic. By 2002, after some consolidation, there were 10 domestic banks and 12 offshore banks when there were also 221 offshore funds and around 19,350 Global Business Licence (GBL) Companies. The offshore banks employed around 170 persons and their assets amounted to 94% of our GDP. In 2005, we distinguished ourselves from other OFC’s by introducing a single banking licence. We adopted Segmental Reporting requiring the disclosure of financial information on two distinct segments of banking activity– Segment B for banking business giving rise to “foreign source income”, and Segment A for all other banking business. Today, we have 21 banks operating in our jurisdiction, all involved to varying degrees in cross-border banking activities. Some have extended their footprint beyond our shores, setting up operations in the region. Our banking sector assets represent around 3 times our GDP. There were nearly 25,000 GBL companies and their deposit base at the end of 2012 represented around 39% of total banking deposits. There is a long way to go before we reach the size of other small IFC’s.

Our banks perform well and have proved to be very resilient. They have contributed in no small measure to the resilience of the Mauritian economy. The robustness of our banking sector is itself the result of prudential measures adopted in a timely manner over the years. The Global Competitiveness Report 2012–2013 provides a good indication of the health of the sector. It ranks the Mauritian banking sector 15th out of 144 countries in terms of the soundness of banks, and 35th in terms of financial market development. In the ranking of the African Banker magazine, seven Mauritian banks figured among the top 100 banks in Africa in 2012. This is no mean achievement if we consider that the Mauritian GDP adds up to a grand total of one-fifth of one percent of African GDP. I have been focusing more on the central bank and its regulatees but the change was broad-based. The other financial and market regulators, namely the Stock Exchange of Mauritius and the Financial Services Commission, have also garnered international accolades.

I am certainly not saying that there have not been some major tremors in our financial sector, because there have been. But these had nothing to do with the ongoing global financial and economic crisis. We had a major financial scandal in 2003, very much home-grown too. This was the infamous MCB/NPF saga which takes its name from the protagonists involved, which happened to be the largest bank and the largest pension fund in the country. Recently we have suffered from a rash of “Ponzi Schemes”. Such “accidents” have triggered corrective measures to ensure that there is no recurrence. We have learnt some lessons from the unfortunate experience of others in the wake of the 2008 global financial crisis and we are applying them to our banking system. We have taken several policy initiatives to deal with complex banking structures of domestic systemically important banks which are too-big-to-fail and too-connected-to-fail in our close-knit economy. As many Mauritian banks have grown regional, we are also addressing cross-border banking issues.

Just to give you an idea of the challenge facing the central bank, let me point out five pertinent facts. First, the Bank is 45 years old, and has been an independent institution only for a little over eight years since 2004. Second, the largest domestic bank has been in continuous existence for the better part of two centuries, which makes it one of the oldest surviving commercial banks in the southern hemisphere, and not just on the African continent. Third, the two largest banks in the country, both domestic, account for two thirds of domestic banking assets. Fourth, there is tremendous concentration of asset ownership in the country in the hands of a handful of conglomerates. And fifth, when the central bank tries to address the underlying problems, its Governor is regularly accused of suffering from Marxist hang-ups and acute personality disorders and his imminent departure has been a constant refrain of the hyper-active rumour mill for over six years now.

I just walked you through some of the initiatives, measures and policies adopted by Mauritius in its quest to become an IFC of international repute. Notwithstanding our best efforts sustained over decades to keep our jurisdiction clean, the Mauritian offshore sector has been constantly under attack, both from official quarters and from unofficial self-appointed vigilantes. India has undoubtedly benefited from increased FDI through the so-called “Mauritius Route”. This has not prevented the DTAA between the two countries from regular attacks in the Indian press, which often look suspiciously like part of a “dirty-tricks” campaign by a competing jurisdiction when, that is, they are not being fuelled by holier-than-thou Indian politicians on the campaign trail who scapegoat Mauritius as an expiatory target in their “bring black money back from overseas campaign”.

Teflon-like, Mauritius stoically shrugs off these attacks as it does not practice a culture of opacity. Mauritius has always been more than willing to share information with the banking and tax authorities of partner-countries. That is why attempts from various quarters to qualify Mauritius as a tax haven have not succeeded, anymore than veiled threats from OECD to put Mauritius on its grey list. Many cling to the view that all IFC’s are tarred with the same brush and perpetuate the myth of Mauritius, the tax haven in the Indian Ocean. Mauritius is a global facilitator with unparalleled transparency, and serious credentials, and not the answer to round-tripper’s dream.

IV. Mauritius – an IFC with a difference

The challenge confronting Mauritius now is perhaps its toughest since it embarked on the offshore business a quarter century ago. It is one thing to be a competitive back-office hub and an efficient conduit for capital flows to India and Africa, but it is quite another to become a significant value-added platform, effectively enhancing South-South trade and investment. The name of the game now is greater substance and more value addition.

Depressed conditions in the crisis-hit West, coupled with slowdown in India, have forced Mauritius to target other markets to grow its export of goods and services. Fortunately, the next growth frontier that is Sub-Saharan Africa is just next door. Africa has definitely turned the corner. The African Union, marking its 50th anniversary last week, had a lot to celebrate. Its predecessor, the OAU – or the Organisation of African Unity – had attracted the charge that it was trading under false pretences: there was neither organisation nor unity in Africa! Global powers, old and new, are now making a bee-line for the continent, attracted by policy reforms, institutional strengthening and resource discoveries. Some thirteen years ago, in May 2000, back when investment gurus were still fascinated by the BRICs and the good things that would come out of the European Union, The Economist magazine carried a devastating front page cover “Africa, the Hopeless Continent.”

The article which followed talked about how Africa would struggle to resolve famine, HIV AIDS, high debt, bad governance and its many wars. To be fair, some of the criticism levelled at the continent remains true even today, but Africa has now got its act together and is playing catch-up. This is perhaps why The Economist recanted two years ago, and blazoned an altogether different message on its front cover in December 2011, this time titled ‘Africa Rising’. The titles have become even more positive ever since, with its March 2013 issue talking about ‘Aspiring Africa’. Let me quote the introductory paragraph from the latter just to give you the flavour and a sense of the changing times.

“CELEBRATIONS are in order on the poorest continent… Life expectancy rose by a tenth in the past decade and foreign direct investment has tripled. Consumer spending will almost double in the next ten years; the number of countries with average incomes above $1,000 per person a year will grow from less than half of Africa’s 55 states to three-quarters.”

How times have changed! How very sporting of The Economist to recognise and celebrate this changing sentiment towards Africa.

Which rather reminds me that The Economist had meted out a similarly harsh treatment to Mauritius, but without any subsequent recantation. It was in the late 1980’s, if memory serves me right. We had stabilised the economy, consolidated public finances with austerity and wage restraint, strengthened the sugar sector, tourism and export manufacturing, and changed governments through free and fair elections – as has always been the practice since independence, and started offshore activities. We were doing quite well, one would have thought. The World Bank certainly thought so: its country report on Mauritius had the tell-tale title “Managing Success.” The Economist, however, took a more jaundiced view, buying the myth that Mauritius was rolling out the red carpet for money launderers. It carried a short article, with the admonishing title “A Naughty way to Salvation.” It was well-hidden in an inside page – no cover page on The Economist for small-island states unless they have been particularly naughty like Cyprus, or Iceland before it. Maybe it’s high time for The Economist to make some amende honorable...

The African narrative has got a rush of superlatives going. “Lions on the Move”, trumpeted a McKinsey study on the continent. As their largest trading partner, the EU is mired in recession this year, Mauritians can count their blessings as their country happens to be in one of the fastest growing regions of the planet: East Africa will grow by around 6%. This is impressive enough. Its southern African neighbours, Mozambique and Zambia, are likely to clock more than 7% growth.

What is driving all this growth you may ask? Not only has the region discovered oil and natural gas but it is also blessed with a young population and a rising middle class. Falling trade barriers, stable interest rates, and greater currency stability are encouraging inter-regional trade. Large Kenyan banks like Equity Bank which used to have 100% of its revenues from within Kenya in 2007, now gets 12.5% of its revenues from the rest of the region as expansion plans bear fruit. With banking penetration rates in Africa at close to 20%, large African banks are raising deposits cheaply from the villages, in increasingly innovative ways, and lending it at huge spreads to the corporate sector and upper middle class. Yes, these are good times for the banking industry in Africa. With 40% of the African workforce between the ages of 15–24, and with the continent becoming increasingly urban, Africa’s challenge is to use its demographic dividend wisely.

With strong growth comes increased global investor attention. Just to give you a few examples, last year two of the best performing stock markets in the world were African – Nigeria and Kenya. Last September, Zambia’s debut USD750 million Eurobond auction was oversubscribed by a staggering 15 times, pushing its yield down to 5.6%! Africa will issue a record USD7 Billion in Eurobonds this year, more than the cumulative sum of the last five years.

With Western nations curtailing donor aid, fast-growing African nations, with manageable debt to GDP ratios, are not finding problems in attracting money in a world where the search for yield is increasingly becoming important. Money has increasingly been flowing into the domestic bond market in the likes of Nigeria, where a well-functioning secondary bond market exists, with the inclusion in the JP Morgan Emerging Markets Bond Index helping to push down yields at the long end of the curve. Unlike in the West where interest rates hover at, or near, the zero-bound, with interest rates in Kenya and Nigeria for example between 8% to 14%, there is much scope for compression in Africa as monetary policy gains traction and inflation falls, which will in turn help unlock still more growth. The Africa growth story is just only beginning. Mauritius, as the friendly, neighbourhood, well-connected IFC, can expect much business to come its way.

What does the future hold for Mauritius?

Before Mauritius can move up the value chain, it needs to recognize its limitations. It is a small country, with limited resources and it needs to do things differently. Mauritius cannot afford to be a common, garden-variety, IFC, undistinguishable from a dozen others. It must seek, at all times, to be increasingly an IFC with a difference. For this to happen, it needs both scope and scale. To add value, it needs foreign investors not only to invest through Mauritius but increasingly with Mauritian investors. And for this to happen, we need to show substance by bringing both knowledge and seed capital on the table. Mauritius can become the private equity vehicle of choice for small- and medium-scale projects in the Eastern and Southern parts of Africa within sectors where it has a comparative advantage.

The country does not have the knowhow or financial clout to finance oil exploration, power plants, aluminium smelters or mining projects. But, it has already demonstrated that it can be the ideal vehicle for such investments as medium-sized clinic in Uganda, a bank in Kenya, a sugar mill project in Tanzania, a stone-crushing plant in Sri Lanka, or textiles in Bangladesh. You do not need huge sums of capital to set up a chicken farm in Madagascar or Mozambique or to offer Mauritian savoir-faire to the booming hotel industry of the region. Investors in the big-ticket projects of the continent, who tap the myriad of large US, European and Middle Eastern private equity funds, can still find it convenient to use the Mauritian IFC platform to package, administer and route their investments. But for investors looking for diversification from the same old investment themes, and seeking to capture Africa from the bottom-up, Mauritius can be the ideal platform. Mauritian banks are increasingly interested in forming partnerships with small- and medium-sized banks in the East African Community but their relatively small size and current Capital Adequacy Ratios mean that they need more funding.

Historically, Mauritian private sector captains have preferred the go-it-alone approach. A local bank, which had recently acquired a minority stake in one of the smaller banks in Zimbabwe, has paid a high price to learn the lesson that investing in Africa can be quite risky. There is a strong case to pool together available know-how and seed capital to build the critical mass required for larger projects, diversify risks, and leverage external funding. Mauritius has been toying with the idea of setting up a sovereign wealth fund which could become a source of equity funding for a more aggressive move into Africa. There is scope for increased public-private partnerships, which are still a rare phenomenon on the continent. The African Development Bank has floated the idea of an African Infrastructure Fund, financed partly from central bank reserves. It will be setting up an office in Mauritius this year. There is truly a ferment of investment and finance activity in, and around, Mauritius.

All this leads me to conclude that there are bright days ahead for the Mauritian IFC because it is an IFC with a difference. Its thriving real economy means that offshore activities are only a small chunk of the panoply of activities going on in the country.

Mauritius has made major strides during the two last decades to become a bigger regional financial centre. Compared to other small IFC’s, we still have a long road to travel to become what Singapore is to Asia or Luxemburg to Europe. We have always strived to live up to the “fit and proper” image of a reputable jurisdiction. We have tried hard to be a jurisdiction of substance. We can confidently lay claim to be the best in our class, a target that has constantly been in our sights since the very beginning.

We collaborate fully with all global stakeholders of the financial world – OECD, FATF, IMF and the like. Cyprus holds no lessons for a clean jurisdiction like Mauritius. Current attacks on offshore jurisdictions coming from the G20 do not pose a particular problem as long as there is level playing field across jurisdictions and transparency is upheld through well-coordinated exchange of information. There is no dearth of growth opportunities for the Mauritian IFC from Aspiring Africa next door, and the prodigious developments expected in Asia. There is increasing demand for reliable and trusted products and services for efficient tax planning as there is for better packaging and distribution of investments with greater real sector involvement. Mauritius is positioning itself to make the most of these opportunities.

Mauritius: the Financial Crossroads of the world? Probably not. But quite possibly a financial crossroad, along with several others, meeting a real need of investors, savers and corporates from all over the world. Not a bad prospect for a country that was exuding such an air of hopelessness only half a century ago, wouldn’t you agree?

12 June 2013

2020 Foresight Report: No Safe Havens – Changes in Offshore Private Banking

Synopsis

  • The report provides analysis, information and insights on regulations for curbing offshore tax evasion implemented by various governments across key markets and their impact on wealth management companies:
  • Intensive analysis of the measures being taken by some of the developed nations and emerging economies to mitigate offshore tax evasion by their taxpayers and the corresponding impact on wealth management companies
  • Detailed analysis of the initiatives being taken by some tax havens in order to stop inflow of untaxed wealth and the specific effect this has on wealth management companies in their territories
  • Insights into what wealth management companies can do to keep growing their business despite paucity of offshore funds due to punitive measures being imposed by the originating countries on concealed offshore incomes
  • Provides a snapshot of the broader trends related to the growing prominence of certain locations as tax havens and the dynamics between onshore and offshore wealth due to taxing the previously untaxed offshore wealth

Executive summary

Governments globally have been taking initiatives to curb offshore tax evasion for many years. However, this phenomenon has assumed increased urgency since 2008–2009 when economies across the world, developed nations in particular, were severely impacted financially. Their prime targets have been offshore tax havens such as Switzerland and Singapore. Coordinated and individual actions taken by different jurisdictions have significant ramifications for offshore wealth management companies and other institutions whose business is significantly driven by offshore deposits. The economy at the forefront of fighting offshore tax evasion is the US. It has entered into agreements with several nations to ensure that their financial institutions implement the provisions of the Foreign Account Tax Compliance Act (FATCA), passed by US Congress. Under FATCA, the financial institutions of partner nations are required to give details of accounts held by US taxpayers with them, or be subject to a withholding tax of 30%. Jurisdictions such as the UK have been signing bilateral agreements with other economies, under which limited timeframe disclosure facilities are being offered to offshore account holders to come clean on their wealth or face penalties. Wealth management companies in tax havens entering into these agreements are expected to handle significant funds through tax payments by offshore account holders. This comes under the category of tax information exchange agreements, whereby financial institutions in treaty countries are required to submit client data.

Scope

  • This report provides a detailed analysis of measures being taken by some developed nations and emerging economies to mitigate tax evasion offshore by their tax payers
  • It explains the key provisions of some of the important acts such as the Foreign Account Tax Compliance Act in the US
  • It details the measures being taken by certain tax havens to reduce their geographies from being used to evade taxes
  • It details the impact on wealth management companies that had previously derived a major share of their business from offshore wealth
  • It details the market entry strategies and product, target and customer retention strategies used by various wealth management companies in the wealth management industry
  • It suggests the new business models and marketing strategies to be adopted and the new geographies that have to be targeted by wealth management companies in tax havens to keep their business growing


Key highlights

  • The US, through the medium of FATCA, has been putting the onus on financial institutions based out of its treaty partners to provide information about the US taxpayers holding accounts with them by a certain date or be subjected to withholding taxes.
  • Countries such as the UK are mainly offering disclosure facilities to their citizens to come clean on their offshore wealth upon which they would be subjected to lower penalties. 
  • Some countries such as Germany are not hesitating from buying out stolen offshore bank data and based upon it are taking punitive measures both against those who have evaded their taxes and also the banks abetting them.
  • Wealth management companies in offshore tax havens have to increasingly highlight the wealth management proficiencies that they have built over a period of time rather than highlighting confidentiality of tax information.
  • Due to the reduced returns on wealth deposited offshore due to penalties, individuals will increasingly keep their money onshore. In the long run, it would be in the interest of the offshore wealth management companies to obtain full-fledged licenses to operate onshore in the countries that they have previously been dependent on business for.