Tax-News.Com Archive

Sponsored by: PEARSE TRUST
Independent advice on corporate and trust structures

ARCHIVE ROOT | TODAY'S NEWS | LOWTAX

Liechtenstein Prince Hits Back At German 'Attack'
by Ulrika Lomas, Tax-News.com, Brussels

21 February 2008

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.”

A comprehensive report in our Intelligence Report series examining offshore confidentiality is available in the Lowtax Library at http://www.lowtaxlibrary.com/asp/subs_reports.asp and a description of the report can be seen at http://www.lowtaxlibrary.com/asp/description_report1.asp

 


IMPORTANT NOTICE: TAX-NEWS.COM has taken reasonable care in sourcing and presenting the information contained on this site, but accepts no responsibility for any financial or other loss or damage that may result from its use. In particular, users of the site are advised to take appropriate professional advice before committing themselves to involvement in offshore jurisdictions, offshore trusts or offshore investments. All materials on this site copyright TAX-NEWS.COM 1999 to 2007. Contact us for further information.