Switzerland Hits Back At Financial Stability Forum
Jeremy Hetherington-Gore, Tax-news.com, London
12 September 2000
The Swiss Federal Banking
Commission and the National Bank have sent a letter
to the members of the Financial Stability Forum complaining
about the country's inclusion on the list issued in
May of countries whose financial systems posed a risk
to global stability. The Financial Stability Forum
was set up by the G7 in 1998 after the Asian crisis,
the Russian devaluation and problems with US hedge
funds drove the world's financial system to the edge
of collapse. Under the chairmanship of Andrew Crockett,
head of the Canadian Central Bank, the FSF studied
ways of reducing risk in the global financial system,
and on the principle that anything you can't control
must be bad came up with the brilliant idea that banking
secrecy increases instability. Joining this notion
with the concurrent offshore witch-hunt that was gathering
force in the gilded halls of the OECD in Paris, the
FSF issued its list of 15 countries, bundling up Switzerland
with Russia, Israel and a dozen offshore financial
centres.
It wasn't clear at the
time, and isn't clear now, what money laundering and
banking secrecy have got to do with financial instability,
but hey, seems to have been the thought, if we 'name
and shame' a few countries then they'll pull their
socks up generally. The FSF's list was of course followed
by the other two infamous millennial lists from the
FATF and the OECD. Not surprisingly, the ultra-respectable
burghers of Zurich don't like the labels being pinned
on them, and here is their response:
To
All Members of the FSF
Berne/Zurich,
5 September 2000
Financial
Stability Forum - List of "Offshore Financial
Centres" (OFC)
Dear
Mr . . . Mrs
In
May 2000, the Financial Stability Forum (FSF) published
a list of "Offshore Financial Centres" (OFC)
defined with respect to their compliance with international
standards in the financial area. This list also includes
Switzerland.
Switzerland
is an international financial centre with a significant
amount of business with non-residents. The same applies
to other countries like the USA and the UK. However,
it is incorrect to intermingle the typical features
of international financial centres, such as the importance
of financial business with non-residents, with the
characteristics of "Offshore Financial Centres"
as established by the OFC working group of the FSF
itself (page 9, table 2 of the report). In fact, none
of these characteristics apply to Switzerland. In
our country:
- Business
and investment income is taxed at rates close to
the average of OECD countries. The overall tax burden
of 33.8% in Switzerland (total tax revenue as %
of GDP) is above the OECD average and higher than
in the United States (29.7%), Japan (28.8%) or Australia
(29.8%).
- A
withholding tax of 35% applies to all interest and
dividend payments of Swiss issuers or debtors, irrespective
of the domicile of the recipient.
- The
incorporation regime follows international standards.
In particular, there is no regulatory or supervisory
distinction between onshore/offshore or resident/non-resident
activities. In Switzerland, there are neither offshore-licences
nor is there preferential treatment for offshore
activities. No shell-branches or brass-plate banks
are admitted.
- The
supervisory regime for financial services is in
line with international standards and G10 standards
in particular.
- Regulation
does not offer the possibility to create trusts.
- Financial
institutions without physical presence in Switzerland
can not be licensed by the Swiss Federal Banking
Commission (SFBC) and, therefore, can not lawfully
operate as such from Switzerland.
- Swiss
supervisors have full access to all files and privacy
protection for bank customer information is no obstacle
to international mutual assistance in criminal matters
such as money laundering, corruption, insider trading
or tax fraud.
- The
volume of non-resident business does not "substantially
exceed" the volume of domestic business despite
the fact that, in general, the share of international
transactions tends to be higher in smaller countries
than in larger economies. In terms of funds under
management, the share of domestic and foreign securities
holders is about equal.
- The
financial sector accounts for 11% of GDP.
The FSF argues that many supervisory and regulatory
authorities of major financial centres referred to
Switzerland as an OFC. This is certainly not an acceptable
reason for placing Switzerland on the Forum's list.
We urge you to take into due consideration that switzerland
is a G10-member with a regulatory and supervisory
regime that is in compliance with international standards.
Therefore, it is not understandable why Switzerland
should be assessed as an OFC.
Yours
faithfully
Swiss
Federal Banking Commission
Dr Kurt Hauri
Chairman
Swiss
National Bank
Dr Hans Meyer
Chairman of the Governing Board
So there!
.
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