Remarks by Dan Clune

Deputy Chief of Mission

 

OECD FATF, AND FINANCIAL STABILITY FORUM INITIATIVES

 

American Men’s Club

September 13, 2000

 

 

 

 

 

I am pleased to be back in the Bahamas, and back here at the American Men's Club.  Thirteen years ago I talked about the Caribbean Basin Initiative before this group.  Today, I am here to talk about the recent OECD, FATF, and FSF initiatives.  I realize that this is not most popular subject, but what I’d like to do today is describe each of the three initiatives that have been discussed in the media.  I would also like to explain a new IRS program and then take questions.

 

I would first like to talk about the terminology that we use to discuss these initiatives.  They have been described as "blacklists" in the media, but that term is used nowhere in the reports issued by the OECD, FATF, anf FSF.  In fact, the people involved in these issues would be shocked to hear their reports referred to as "blacklists."  There is an important difference between a blacklist and initiative.  A "blacklist" refers to something at the end of a process.  Initiative -- from the Latin, initium -- refers to the beginning of a process, which more accurately describes these reports.

 

I would like to emphasize that these "lists" were issued by different organizations that have different purposes and address different policies.

 

 

OECD REPORT ON HARMFUL TAX PRACTICES

 

First, I would like to discuss the OECD Report on Harmful Tax Practices.  The Organization for Economic Cooperation and Development is an organization of 29 industrialized democracies headquartered in Paris.  Its report is part of a larger exercise, addressed at both OECD and non-OECD jurisdictions designed to secure the integrity of tax systems by addressing practices that unfairly erode the tax bases of other countries.

 

This is not just a concern of OECD countries: The Bahamas would be similarly concerned if other countries adopted policies that encouraged Bahamians to evade the payment of customs duties.  In fact, recognizing that the Bahamian Government has a legitimate concern about practices such as "under-invoicing," of imports to The Bahamas, the United States and The Bahamas have entered into a Customs Cooperation Agreement, whereby the US Customs Service has undertaken to investigate these kinds of cases.  This is the kind of cooperation that exists between good neighbors and kind sought by this initiative.

 

Let me explain the criteria the OECD used to develop its list.  To be included on list, a country that imposes no or nominal tax on financial services income also had to have a non-transparent tax regime, or refuse to exchange information with other countries, or encourage the establishment of foreign entities with no substantive local presence.

 

The main reason The Bahamas was included on the list was its refusal to exchange information, particularly with respect to civil tax cases, with other countries.  In the case of the United States, this concern would be addressed through a Tax Information Exchange Agreement (TIEA).  Prime Minister Ingraham has indicated his willingness to sign such an agreement.  One of the benefits of entering this agreement for The Bahamas would be that US taxpayers would be able to deduct the costs of holding a convention in The Bahamas from their US taxes.  This would encourage more business for the Bahamian tourist industry.

 

I mentioned earlier that this is the beginning of a process.  I would like to tell you now where we go from here.  Over the next twelve months, the OECD will engage in a dialogue with the 35 listed jurisdictions in an attempt to obtain a commitment to adopt mutually acceptable policies.  Six jurisdictions – including the Cayman Islands and Bermuda – were not considered for the OECD list because they were able to make such a commitment before the list was issued.

 

At the end of the twelve-month period, those jurisdictions that have chosen not to make such a commitment will be included in a new list of “non-cooperative tax havens.”  At that point, OECD countries will consider implementing what they call "coordinated defensive policies," including the imposition of withholding taxes on bank transfers and the disallowance of tax deductions for activities related to the uncooperative tax havens.

 

Let me emphasize what this initiative is not about: The OECD is not trying to force The Bahamas to adopt an income tax with rates comparable to those of OECD members.  What it is about (in case of The Bahamas) is greater cooperation and exchange of information

 

FINANCIAL ACTION TASK FORCE (FATF)

 

Next, let me address the FATF list.  The Financial Action Task Force (FATF) was established by the G-7 in 1989 to combat money laundering.  FATF now has grown to 29 member countries.  While The Bahamas is not as member of FATF, it participates in a related regional organization, the Caribbean Financial Action Task Force (CFATF).

 

The FATF report identifies 15 countries considered to have serious, systemic deficiencies in their anti-money laundering regimes because of loopholes in financial regulations, inability to identify the real owners of bank accounts, and lack of international cooperation.  The criteria it used in its report has been around a long time.  FATF’s 40 money laundering recommendations were written in 1990 and there has been no serious argument about whether these are the appropriate standards. FATF used these recommendations as its criteria in drawing up its "list."

 

The FATF initiative, like the OECD initiative, envisions an ongoing dialogue.  Over next year, there will be a series of meetings to discuss the concerns raised in the FATF report.  The Bahamas has made real progress in recent years in the fight against money laundering, but it was identified in the report because additional steps needed to be taken.  These include better responses to requests for mutual legal assistance, legislation that makes it easier to identify the real owners of bank accounts, and the establishment of a Financial Intelligence Unit.

 

Even before the list was issued, The Bahamas had begun to address some of these problems and has developed a strategy to address the remaining concerns. In the event that identified countries fail to address these deficiencies, FATF countries will consider further steps to encourage compliance with international standards.

 

FINANCIAL STABILITY FORUM

 

The third initiative was launched by the Financial Stability Forum (FSF), a 40-member organization established by the G-7 in 1999 to promote the stability of the global financial system.  One of its goals was to help prevent a repetition of the Asian and Russian financial crises by encouraging offshore financial centers to improve the supervision of their banking systems.

 

The FSF report divided 43 significant offshore financial centers into three categories, based on the perceived quality of banking supervision and the level of international cooperation. The Forum encouraged the International Monetary Fund (IMF) to assess the jurisdictions in the two lowest categories.  The Bahamas was included in the lowest category.

 

What is important point to remember about this list is that it is not a assessment; it is based on the perceptions of bank regulators around the world.  Like other two lists, the FSF list is very much the beginning of a process.  The FSF asked the IMF to perform the assessment.  As far as I’m aware, the IMF has not formally responded to this recommendation.

 

QUALIFIED INTERMEDIARIES

 

Finally, I would like to talk about a new program of the US Internal Revenue Service, known as "Qualified Intermediary," or “QI.”  This is a program that affects the private sector rather than government.  Certain banks in The Bahamas are applying to the IRS to be “qualified intermediaries.”

 

Let me first give you a short description of U.S. law on taxation of U.S. source income.  As a general rule, the United States imposes withholding tax on U.S. source income paid to foreign persons.  One exception is "portfolio interest," such as interest paid on treasury securities and corporate bonds.  To qualify for the exception, the IRS needs assurance that the owner of an account is not a US person.

 

Under the old system, the account owner fills out a form, which the foreign bank would pass to its US correspondent bank.  Under the new system, effective January 1, 2001, foreign banks are required to verify that customers are not U.S. persons.  They will no longer have to fill out all the old paperwork, but will have to undergo periodic audits.  Banks that do not qualify have to follow old procedure, but the new program may be more attractive to customers and correspondent banks.

 

Some have asked whether there is any connection between this program and the three initiatives already discussed.  The answer is no, but there is one similarity.  The IRS will not allow banks in jurisdictions that have inadequate know your customer rules to be "qualified intermediaries."

 

In conclusion, let me stress again that the three initiatives I’ve discussed are the beginning of a dialogue.  The Bahamian Government has already responded to these initiatives and has begun to resolve the problems identified in these reports.  In his speech before Parliament on August 9, Prime Minister Ingraham expressed the determination of his government to follow through with quick and effective action.

 

Finally, let me stress that a healthy and vibrant financial sector in The Bahamas is in the interest of the U.S. and other members of these multilateral organizations.  The purpose of the initiatives is simply to encourage greater international cooperation and improve the quality of the regulation of the financial sector.  We have offered technical assistance to help The Bahamas accomplish these goals.