Major Offshore Centres Sign UN Anti-Money Laundering Treaty
By Mike Godfrey, Tax-news.com, New York
19 December 2000
Last week, Tax-news.com
reported that Seychelles Vice President James Michel signed the
United Nations Convention Against Transnational Organised Crime
in Palermo, Sicily, to demonstrate the country's commitment to
stamping out money laundering. Other offshore financial centres,
too, were party to the signing of the treaty, including major
bank secrecy centres such as Liechtenstein, Luxembourg, Switzerland,
Monaco, Cyprus and Panama, as well as Austria, Russia and Israel.
The treaty will go into effect when ratified by at least 40 countries,
which the UN expects to happen within two years. Jack Blum, co-author
of the 1998 UN report, "Financial Havens, Banking Secrecy
and Money Laundering," says the treaty is 'a breakthrough
- a first real assault on the secrecy problem by the international
community as a whole.'
The new treaty follows
the OECD Fiscal Committee's recommendation in April that its members
ban anonymous accounts and require identification of customers.
Under the treaty, countries must also require banks to keep accurate
records of accounts and report suspicious transactions. In addition,
accounts must be open to inspection by domestic law enforcement
officials. Money laundering is criminalised, with sanctions against
the people who do the laundering, counsel it, or acquire the ill-gotten
gains.
However, the treaty
does not go as far as the OECD's recommendation that countries
re-examine existing practices - presumably with a view towards
changing them - that prevent tax authorities having access to
bank information for purposes of exchanging it in criminal tax
prosecutions. In addition, the treaty doesn't deal with correspondent
accounts, These accounts pool funds from numerous bank branches
and customers, which means they remain anonymous and can come
in quite handy to move funds around discreetly. Millions of dollars
stolen by Raul Salinas, the jailed brother of Mexico's ex-president,
moved from Mexico to Switzerland through a Citibank correspondent
account in New York. "Shell" companies will also still
get away with concealing the names of true owners and instead
list nominees, whose names are often supplied by banks and company
registration firms.
Mr Blum is aware
that the UN's latest treaty does not go the full stretch, but
he is undoubedly on the same crusade as US Treasury chiefs Larry
Summers and Stuart Eizenstat, who would single-handedly wipe out
money laundering and tax evasion in one fell swoop if they could.
Blum said: 'Are there other things that have to come? You bet,
but we're starting down the road. There are too many countries
still very nervous about opening the books. There are countries
that still make their livings assisting people evading taxes somewhere
else. That's a very sticky issue.'
In the meantime,
countries that decline to sign the treaty could get a dose of
what the US did to a number of offshore centres this year: advise
their banks and financial institutions to treat any transactions
with suspicion and extra due diligence, and as every offshore
financial centre knows, that's not good publicity.
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