This story is reproduced by kind
permission from the Cook Islands Government at: http://www.cook-islands.gov.ck
The Prime Minister says he's encouraged
by the growing efforts of the Non-OECD jurisdictions to rally together and contend
with the constraints they face in having to negotiate with the 29-member Organisation
for Economic Cooperation and Development (OECD) on international taxation matters.
However, Dr. Maoate is also concerned that the overseas media is promoting a
confused understanding of the issues.
While the Non-OECD jurisdictions
are moving quickly to consolidate their positions under a newly established
International Tax and Investment Association (ITIA), the Prime Minister lashed
out at news reports, which he says revealed ignorance and confusion over money-laundering
and legitimate, international tax competition issues. "The media is clearly
getting it wrong," says Dr. Maoate, "which is a deep concern for the
Cook Islands and other small island states."
"Not only are the reports
showing a limited understanding by mixing two separate issues but they are damaging
the development objectives of offshore finance jurisdictions to improve their
limited, narrow-based economies." The Prime Minister pointed to a recent
report in The Weekend Herald, which talked about the failures of jurisdictions
like Nauru and Niue to combat money laundering and then in the same context,
raised issues related to international taxation and the 'harmful tax practices
initiative' by the Organisation for Economic Cooperation and Development (OECD).
Dr. Maoate said he was not commenting
on behalf of those countries but was concerned that the Cook Islands and other
jurisdictions receive the benefit of better-informed reporting about their actions
and comments. The recent news report chopped and changed between the two issues
and took many statements out of context, he said. For example, no efforts were
made by the media to differentiate between the blacklist issued by the Financial
Action Task Force (FATF) on anti money laundering measures, and those connected
to sanctions, which have been threatened by the OECD against 'uncooperative
tax havens' for 'harmful tax practices'.
In addition, The Weekend Herald
referred to Commonwealth Secretary General Don McKinnon as being critical of
the OECD. But the criticism from McKinnon was directed at OECD tactics in dealing
with the jurisdictions on the 'harmful tax practices' initiative, not anti money
laundering efforts as reported in the newspaper. The Secretary General spoke
out against the OECD when it became apparent to him that the Paris-based organisation
was not interested in conducting meaningful dialogue with the jurisdictions
in good faith. His comments came after a Joint Working Group had met in Paris
earlier this month to continue negotiating that process. Little has been achieved
to move beyond hardened positions.
The Cook Islands is maintaining
active participation in the process with Offshore Financial Services Commissioner
Mathilda Uhrle attending meetings in Paris and London The Non-OECD jurisdictions
have now set up the ITIA group to promote cohesion and assistance with technical
and financial constraints in dealing with the complex taxation issues. The Commissioner
was scheduled to leave for the United Kingdom at the weekend to participate
in the first technical meeting of the ITIA.
The Prime Minister said limited
media understanding about the enormous efforts it took to cooperate and be involved
in this process was discouraging because the Cook Islands and other jurisdictions
had real cause to argue a case against what the OECD was trying to do in terms
of taxation matter. As far as money laundering and financial crime was concerned,
Dr. Maoate said he was not aware of any jurisdiction in the world that was opposed
to establishing more stringent measures. "The Cook Islands showed real
commitment to fighting money laundering by responding immediately to international
concerns, and enacting new legislation," he said. "There's genuine
consensus among jurisdictions to cooperate and do all they can to combat financial
crime."
Government wanted to cooperate
as much as possible with the FATF and be removed from blacklisting by the OECD-based
organisation. Anti money laundering law was enacted last August, allowing for
further development and strengthening of a monitoring framework. The issues
related to international taxation standards was a separate matter that is subject
to ongoing negotiation given the widespread support for global tax competition,
he said.
In this regard, the OECD has been
perceived as a 'bully' in forcing Offshore Finance jurisdictions to comply with
regulations, which the jurisdictions had no part in determining. "What
these jurisdictions are saying to the OECD, and to the world, is that international
taxation standards require a process of multilateral negotiation at the highest
political level." The OECD should come to the negotiation table in good
faith and discuss these issues in a global forum, the Prime Minister says, not
take unilateral action on criteria and standards that are defined and acceptable
only to them. This is the argument that jurisdictions have with the OECD, not
on the efforts to combat financial crime, he adds.