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Offshore Zones

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OFF SHORE FINANCIAL CENTRES

Commercial Law
Irene González Campos

ZAGREB SCHOOL OF ECONOMICS AND MANAGEMENT

Content DEFINITION 3 HISTORY 3 CHARACTERISTICS 4 REGULATION 5 CONCLUSION 6 References 7

DEFINITION
First of all, it needed to be said that a financial centre is defined as a city or district that has a heavy concentration of financial institutions, that offers a highly developed commercial and communications infrastructure, and where a great number of domestic and international trading transactions are conducted (Business Dictionary, n.d.). London, New York, and Tokyo are the world's premier financial centres. It may be distinguish two types of financial centres: those such as London or New York, which are ‘international financial centres’ and which are excluded from the definition of extraterritorial centres. These latest are called ‘Offshore financial centres’, where the activity takes place outside the residence of the natural person.
Despite its name, the off-shore centres are not necessary islands, although several insular jurisdictions have been established as such. First of all, an off-shore centre is a small, law-taxes jurisdiction specializing in providing corporate and commercial services to non-resident offshore companies, by offering: i) Liberal legislation regarding financial transaction ii) Very low taxes rates

Therefore, off shore companies are those legal entities incorporated and registered in an offshore financial centre.

In addition, there are more traits that are decisive in order to distinguish an offshore financial centre (OFC from now). For instance, in these jurisdictions, the financial sector is such a relevant and disproportionate share of the internal economy. And, most of the transactions that take place in their institutions are realised by clients residing in different jurisdictions (as we said above: non-resident offshore companies).

Nowadays, these OFCs hold about 50% of all the cross-border assets (Sikka, 2003) and are hosts to some US$ 5-74 trillion of wealth (Owens, 2007), nearly ten times the value of all companies quoted on the London Stock Exchange.

Several countries and territories have been designated offshore financial centres by notable institutions namely, the International Monetary Fund (IMF) (Caruana & Hagan, 2008), the Financial Secrecy Index (managed by the Tax Justice Network) (Network, 2013), and the Organisation for Economic Co-operation and Development (OECD) (OECD). Some of them which could be considered as such are: Andorra, Hong Kong, Singapore, the Cayman Islands and so on.

HISTORY
The origins of the offshore finance industry took place in Vienna, Austria, in 1815, when Switzerland’s neutrality was established at the Vienna Congress (Hodges, 2013). However, OFC’s growth dates back to restrictive regulatory regimes which ruled in many developed countries in the late 60s and 70s. This regulations wanted to block the flow of capitals both from and to other countries as well as to limit the interest rates which banks could offer.

This restrictions must have been intended to increase the government’s control over the monetary policy. They involved the movement of deposits and loans to less regulated institutions. This activities, which started in the European financial centres (most of all in London) soon spread to offshore centres.

It was taken for granted that the OFC’s activities might decrease when the industrialized countries applied the financial liberalisation in 80s and 90s. Nevertheless, the OFC’s competitive advantage comes from the low taxes, which keep attracting attention from companies and individuals. They have been adapted to the competitive moves and they keep receiving a great amount of flow of capitals.

These financial centres have been specialized in some financial services or by regions and areas. However, it is also thought that they might not be viable anymore. That could be the reason why the International Monetary Fund started an appraisal of such financial centres, in order to approach possible risk that OFC could represent. Indeed, the report has found out some vulnerabilities, apart from positive aspects.

CHARACTERISTICS
To look at the big picture concerning offshore centres, their features could be listed as below (according to the Offshore Bankshop): 1. Low or no taxes for non-residents meaning that resident do often pay taxes meanwhile non-resident do not suffer any taxation unless for registration fees and maintenance of companies. 2. Bank secrecy and secrecy established by law since breaking the bank secrecy is punishable by a jail sentence in some countries. 3. Absence of exchange controls and total freedom of capital movement, including little regulation and administrative control, including poor banking regulation. 4. Flexible legal system as most of them base their system on the common law, which is very beneficial to business issues. 5. Political and economic stability 6. There are no agreements to exchange tax information with high-tax countries. However, some international institution and powerful countries which do not agree this statement have pressured this low-taxes zones to sign agreements or agreements to avoid double taxation with high-tax countries. This trait turns into the existence of advantageous agreements to avoid double taxation. Many of these agreements include provisions for exchange of information. 7. Have good communication and especially telecommunications 8. The staff is multilingual and skilled in international finance. Many of these offshore centres offer their services every single day, 24 hours a day. Despite this full service, it exist some specialization of the various zones of the offshore world.

REGULATION
In relation with the regulation of the offshore centres, they may be distinguish several international institutions concerning different fields. This international bodies are various, each one focused on specific issues.

First, the Financial Action Task Force (FATF), an inter-governmental body established in 1989 by the G20, takes care of the risk of money-laundering and the financing of terrorist. Apart from some important recommendations, FATF has issued a list of ‘Non-Cooperative Counties or territories’. This report (June 2000) identify 25 criteria against which a country’s financial sector is evaluated. A total of 47 countries or territories were examined in two rounds of reviews (in 2000 and 2001). A total of 23 were listed as non-cooperative (FATF, s.f.). This black list include a large number of zones, some of them considered as OFCs.

On the other hand, institutions as Financial Stability Forum (FSF) and International Money Fund (IMF) are in charge of financial markets. The FSF issued a body of financial Standards and Codes and set up a Working Group to consider the significance of OFCs in relation to financial stability in all its aspects in (April 1999) (WULF). In addition, since IMF’s mission is to assess its Member-states in the achievement of financial stability, this institution focus on the impact of OFCs’ financial services to non-resident national economy of its members. Thus, The Monetary Fund has increased the supervision over the financial systems, in order to not only identify the vulnerabilities of the system but of the supervision system in its own as well. This has involved the rise of the transparency of this centres all over the world. This regular appraisals ensure the good administration of this jurisdictions. In addition, these evaluation involve those jurisdictions that have been administrated deficiently to improve this ways of supervise the activities that take place in this off shore centres.

Finally, regarding economic and taxation issues, the OECD (Organisation for Economic Co-operation and Development) and the European Union (EU) are concerned. OFCs have become a focus point of OECD because of the international trade expansion in the 1990s. The OCDE provides several defensive measures which countries might consider apply to uncooperative OFCs. Such measures have been obviously highly criticised by the OFCs as being illegitimate threatens and undemocratic practices (WULF). Furthermore, EU has developed some initiatives and directives to protect its members from possibly risks. Indeed, the EU concluded agreements with OFCs to oblige them to introduce a tax on savings, accordingly to the 2003 Council Directive 2003/48/EC78 on the Taxation of Savings Income in the form of interest payments (WULF).

After all explained, OFCs may be seen under pressure by international institutions in order to abolish some excessive advantages they own like bank secrecy and so on. However, despite of the progress achieved, this international bodies need to overcome lots of obstacles. Indeed, the international cooperation among countries seems to be crucial in order to stop the abuses and get back the tax capacity of national states.

CONCLUSION
To conclude, the concern about the possibly risk that the off shore zones might represent have been taken into light in the last years. It has been presented in plenty of international forums, as it has been said above.
It should be taken into account that the opportunities for money laundering, terrorism financing and evasion of taxes on capital income have increased, especially due to financial liberalisation. There are precisely this offshore centres those which might take advantage from the weaknesses of the international tax coordination’s system and of the financial markets which developed historically.
Nevertheless, the developed countries’ opinion about this financial centres is far from being unanimous. It is argued that the principle of sovereignty is maintained in terms of the OFCs’ “legal sovereignty”, although it is relinquished in terms of their ‘fiscal sovereignty’. According to R. Palan OFCs have learned to take advantage of what the Economist scornfully describes as their main asset: the right to write the laws (R.Palan, 2002). Also, healthy tax competition would benefit everyone in our globalized world and markets. Anyway, current OFCs are so different from the stereotyped ones, where every financial cheating is allowed.

References
Banckshop, O. (n.d.). Wordwide Service Customer. Retrieved from What are the financial offshore centers?: https://www.offshorebankshop.com/en/offshore/characteristics-of-financial-centers-offshore-21
Business Dictionary. (n.d.). Retrieved from http://www.businessdictionary.com/definition/financial-center.html
Caruana, J., & Hagan, S. (2008). Offshore Financial Centers, A Report on the Assesment Program and Proposal for Integration with the Financial Sector Assesment Program. Monetary and Capital Markets Department and the Legal Department.
Darbar, S. M., Barry Johnson, R., & Zephirin, M. (2014, 4 20). Los centros financieros. Retrieved from Importancia de su evaluación para la supervisión a nivel mundial: https://www.imf.org/external/pubs/ft/fandd/spa/2003/09/pdf/darbar.pdf
FATF. (n.d.). High-risk and non-cooperative jurisdictions. Retrieved from http://www.fatf-gafi.org/topics/high-riskandnon-cooperativejurisdictions/more/aboutthenon-cooperativecountriesandterritoriesncctinitiative.html
Hodges, J. (2013, May 3). BoombergBusiness. Retrieved from Offshore Tax Havens in Spotlight After 200-Year History: http://www.bloomberg.com/news/articles/2013-05-03/offshore-tax-havens-in-spotlight-after-200-year-history
Network, T. J. (2013). Financial Secrecy Index . Retrieved from http://www.financialsecrecyindex.com/introduction/fsi-2013-results
OECD. (n.d.). OECD SECRETARY-GENERAL REPORT TO THE G20 FINANCE MINISTERS.
Owens, J. (2007, May 3). Written testimony of Jeffrey Owens, director, OECD Center for Tax Policy and administration before senate finance committee on Offshore tax evasion. Retrieved from http://www.senate.gov/pagelayout/general/one_item_and_teasers/file_not_found.htm
R.Palan. (2002). Tax Haven and the commercialization of State Sovereignty. Internationa Organization.
Sikka, P. (2003, December). The Role of Offshore Financial Centres in Globalization? Accounting Forum. Retrieved from http://www.essex.ac.uk/afm/research/working_papers/wp03-02.pdf
WULF, O. D. (n.d.). A critical examination of the international regulation of Offshore Financial Centres. Univeersity of Aberdeen School of Law.

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