A conference in Jersey
this week was told that there was no longer any place for
bank secrecy laws. John Moscow, Deputy Chief of Investigations
for the New York District Attorney's office, said that the bank
secrecy statutes are used by criminals and are not necessary for
honest business people. He told the gathering that the economies
of the world have become unified and it was time for banking and
corporate secrecy laws to be abolished if the rule of law is to
survive in the new world. He said that the world can no longer
sustain jurisdictions such as the Cayman Islands and the Netherlands
Antilles.
The Cayman Islands' Financial
Secretary, George McCarthy, retaliated that banking confidentiality
in the normal course of business is a common law protection which
supports legitimate business dealings and that the Cayman Islands'
regulatory legislation complies with international standards regarding
the exchange of information on criminal matters.
Mr. Moscow has previously criticised
the Channel Islands for its failure to co-operate with other
jurisdictions, although recently he acknowledged that the Channel
Islands' authorities want to help to fight crime. His strong words
can be seen in the context of the general campaign being waged
against low tax jurisdictions; but at the same time, many jurisdictions
have taken carefully thought-out actions which they evidently
feel will be enough to see off the 'high tax moral police'.
This is a war which is largely
being conducted behind closed doors, and it is too early to
predict the result. All the signs, however, point to a measured
tightening-up by the IOFCs rather than a root-and-branch outlawing
of 'offshore'