According
to announcements surfacing in Japan and South-East
Asia, Finance Ministers and other government officials
from the Pacific Islands Forum and OECD country members
are due to meet for talks on Tax Issues in the Global
Economy in Tokyo on 15-16 February 2001. Hosted by
the Japanese government, says the announcement: 'the
conference aims to address such themes as the tax
implications of e-commerce and the purpose and impact
of the OECD's drive to end harmful tax practices that
distort competition both within OECD countries and
elsewhere.'
This
doesn't sound much like a continuation of the 'bare-knuckle
fist fight' that took place between the OECD and offshore
jurisdictions from the Pacific and the Caribbean in
Barbados in January, and in London in February. Ten
days ago, after the London meeting, the Global Tax
Forum (the grand name for the joint group in which
the black-listed offshore jurisdictions hoped to get
on level terms with their tormentor), with support
from the Commonwealth and the US Centre for Freedom
and Prosperity, was hoping to turn the Tokyo meeting
into a further opportunity to level the scales with
the OECD.
The OECD
however continues to describe the meeting in the same
terms it used for Barbados, saying that it and the
Pacific Islands Forum are 'jointly planning to hold
a workshop on tax issues in the global environment'.
The OECD says that the workshop is designed to provide
an opportunity for 'an exchange of views between Pacific
Islands Forum members and OECD countries on international
tax issues, with a view to advancing mutual understanding
and identifying ways in which this dialogue can be
continued on a co-operative basis.'
The OECD
hopes that the meeting will be attended by officials
from 12 Pacific Islands Forum members and 9 OECD countries.
The Chair and the Vice-Chair of the OECD's Committee
on Fiscal Affairs are also expected to attend. The
OECD's statement explains that delegates can expect
to 'examine what measures may be needed to improve
the offshore jurisdictions' administrative and regulatory
capabilities. They will also review, where appropriate,
ways of providing assistance to improve the tax administrations
of Pacific Island jurisdictions and to restructure
their economies.'
Seven
member countries of the Pacific Islands Forum have
been listed by the Organisation of Economic Cooperation
and Development (OECD) as offering harmful tax competition:
The Cook Islands, Marshall Islands, Nauru, Niue, Samoa,
Tonga and Vanuatu. The jurisdictions have until July
31 to agree to an OECD Memorandum of Understanding
on tax matters or they'll be threatened with 'defensive
measures' from the OECD.
Now the
Japanese and the OECD have both put their separate
spins on the upcoming meeting, it's time for the Commonwealth,
the Caribbean and Pacific jurisdictions, and the CFP
to say what they hope to achieve in Tokyo.
In an
interesting, parallel development, some commentators
have begun to speculate that the OECD's threatened
actions against offshore jurisdictions could break
the WTO's discrimination rules. Speaking in Panama
earlier this week, Mark Warner, one of the OECD's
commercial legal counsel until two years ago, said
at a conference: "This case has many elements
of prima facie discrimination. It is very important
to make clear in discussions (with the OECD) that
you have legal rights."
Under
WTO rules, however, the OECD would probably have had
to apply its threatened sanctions before a case could
be brought. But the mere possibility of WTO action
may mean that the organisation's threats are really
quite hollow.