Prince Alois of Liechtenstein has issued a strongly-worded statement defending
the Alpine jurisdiction against what he termed "attacks and
allegations" by the German authorities, as the investigation into alleged
tax evasion by wealthy Germans widens.
At a press conference on 19th February, Prince Alois and Deputy Prime Minister
Klaus Tschütscher condemned the German government for reportedly paying
for a stolen computer disk which contained confidential data on more than one
thousand German clients of a Liechtenstein bank, who have reportedly transferred
sums on money into trust vehicles to avoid German taxes.
Tschütscher, who is also Liechtenstein's Minister of Justice, stated:
“We decisively reject the methods used by the German government and its
authorities. If the media reports are correct, then the German Minister of Finance
and other public officials have paid several million euros to a convicted criminal
in return for stolen data. Such methods would be legally completely unthinkable
in Liechtenstein.”
Prince Alois added: “In Liechtenstein, fiscal interests cannot trump
the rule of law.”
According to the statement, Liechtenstein law enforcement authorities have
initiated investigations against "unknown perpetrators for violations of
business secrets for the benefit of a foreign party".
"The Liechtenstein Constitution places great value on the protection of
privacy. This includes bank client secrecy. Liechtenstein believes in the principle
of basic trust in all citizens," the statement added.
Tschütscher continued: “As Minister of Justice, it is my responsibility
to ensure that our citizens and the people with economic links to the companies
and institutions in our country can enjoy legal certainty. In our legal order,
legal certainty includes respect for privacy. This privacy can only be lifted
if there is a justified suspicion of a criminal act. If this legal certainty
– which constitutes an essential cornerstone of the rule of law in Liechtenstein
– is endangered by third parties, then this undermines the sovereignty
of our country and our law. My responsibility as Minister of Justice is also
to ensure legal certainty for investors and business partners.”
Liechtenstein remains on the OECD's so-called 'blacklist' of uncooperative
tax havens.
However, its government insisted that the jurisdiction has taken the necessary steps
to ensure the financial centre’s compliance with international standards,
for the prevention of money laundering and organized crime, such as
the creation of the Financial Intelligence Unit (FIU) in 2002 and the Financial
Market Authority (FMA) in 2005.
The government also pointed out that Liechtenstein
prosecutors and investigating judges have successfully worked together with
their German colleagues "in countless cases in recent years".
However, Prince Alois stated that: “Liechtenstein cannot and will not
build up an overregulated system of control. Spying on citizens is unthinkable
in Liechtenstein, and certainly not across national borders.”
The statement added: "With its attack on Liechtenstein, Germany will be
unable to solve the problem it has with its taxpayers. As the German media reported
yesterday, an international study has ranked the German tax system as the worst
in the world – even behind Haiti."
Prince Alois continued: “Germany would do better to use its tax revenues
for the improvement of its tax system, rather than spending millions on stolen
data, the legal use of which is questionable.”
He concluded: “As Head of State of the Principality of Liechtenstein,
I am deeply concerned about the recent developments. We will consider additional
legal steps to protect our citizens as well as the investors who put their trust
in us from such investigation methods, which are illegal in Liechtenstein. We
will inform you of our next steps in the coming days.”