The British Virgin
Islands' 2001 Budget Address was recently made by Chief Minister
and Minister of Finance Ralph T O'Neal. In it he recapped on an
eventful twelve months for the BVI, and prophesised about the
the coming year. Stating that the year 2001 will be one of consolidation.
re-engineering and development for the financial services industry
in the BVI, with a revision of the jurisdiction's corresponding
legislation, Mr O'Neal said: 'The overriding object of the process
will be keeping our programmes, practices and laws at the cutting
edge of the provision of cross border financial services.'
In his address, Mr
O'Neal said that the year 2000 had been one of mixed blessings
for the BVI. He was referring, of course, to the external scrutiny
that the BVI and many of its fellow offshore financial centres
have been subjected to in recent months. He reeled off a whole
raft of current initiatives to which the BVI has fallen prey to,
citing the OECD harmful tax initiative, the FATF campaign against
non-cooperative territories over money laundering, the Financial
Stability Forum's three-pronged categorisation of offshore financial
centres and the United Nations' global anti-money laundering programme.
The Finance Minister
said to Parliament: 'Mr. Speaker, dealing with the plethora of
international initiatives has been a daunting, taxing and time
consuming process. It has caused us to re-examine the relevance
and probity of all our industry related policies, programmes and
legislation, with a view to refining, updating and re-engineering
where necessary.'
However, he said
that the uncertainties caused by the G-7 crackdown had not had
too adverse an effect on the BVI's financial services sector:
'Significant growth and increased activity being recorded in all
segments of the industry is testimony to the maturisation of the
industry,' he said.
Mr O'Neal drew particular
attention to the growth of the mutual funds industry in the BVI,
estimated to be around 20 per cent annually. Since the implementation
of the Mutual Funds Act of 1996, over 2,000 mutual funds have
been placed on the Mutual Funds Register in the BVI. In the New
Year, the BVI is to issue a a Mutual Funds Code of Practice which
will help to supervise investment business and investments intermediaries.
According to Mr O'Neal,
the Financial Services Department is committed to making the BVI
a centre for growth and will do all it can to preserve its financial
services sector. He said: 'We will ensure that all financial sector
related programmes, legislation, regulatory and supervisory practices
fully comply with established international standards of prudential
supervision and industry best practices.'
Already, the Financial
Services Department, acting through its consultative committees
(the Mutual Funds Advisory Committee, the Financial Services Legislation
Advisory Committee and the Harmful Tax Competition Task Force),
has been collaborating with the BVI Society of Trust & Estate
Practitioners, the Association of Registered Agents and the BVI
Bar Association on diversification of the industry to make it
more internationally competitive. Several legislative amendments
are expected to be brought to the House during the course of 2001.
Mr O'Neal said that
the BVI would use the recently published KPMG Independent Review
of Financial Sectors in the Caribbean Overseas Terriotries as
the blueprint for charting the way forward. He said: '...the comprehensive
KPMG Report must be considered the watershed for the BVI financial
services industry.' He noted that the report makes positive noises
as far as the BVI's success in achieving international regulatory
standards is concerned and said that many of its recommendations
have been under active consideration by the government for some
time.
According to the
Finance Minister, the three recommendations of the KPMG report
which require immediate attention are the establishment of an
independent regulatory authority, enhancement of laws and systems
for combating money laundering and the enactment of compulsory
investigative powers legislation to enable regulators to obtain
and to share vital information with overseas regulators. Mr. O'Neal
said the BVI has technically satisfied the latter two recommendations.
However, he said substantial work would have to be done before
a properly sourced independent regulatory authority (The Financial
Services Commission) can be established by September 2001. A relevant
bill is expected to be brought before Parliament sometime in 2001.
The BVI also plans to maintain constructive dialogue with the
OECD, and strategies aimed at reconciling their differnces are
being worked on by the Ministry of Finance and the Financial Services
Department.