The OECD has announced
that the Netherlands Antilles and the Isle of Man have joined
the organisation's own members (other than Switzerland and Luxembourg)
and six other offshore jurisdictions in giving a commitment to
eliminate harmful tax practices by 31 December 2005. The other
six jurisdictions (which wrote 'commitment letters' to the OECD
before publication of its 'blacklist' on 26th June) are Bermuda,
the Cayman Islands, Cyprus, Malta, Mauritius and San Marino. The
two newly scrubbed-up members of the commitment club have therefore
been deleted from the blacklist. As the OECD puts it: 'In making
their commitments, the Netherland Antilles and the Isle of Man
ensure that they will not feature the list of Unco-operative Tax
Havens to be completed in July 2001'.
The OECD welcomed
these new commitments, which include undertakings in favour of
transparency, non-discrimination and effective co-operation, and
said it looked forward to working with the jurisdictions to ensure
their implementation.
The Isle of Man also
welcomed the decision, but said its commitment was conditional
on OECD members, including Switzerland and Luxembourg, observing
the same standards of transparency as those demanded of the havens.
"If they don't do as they're supposed to, our commitment
will cease," said John Cashen, chief financial officer at
the Isle of Man treasury.
Switzerland and Luxembourg,
which were the only two OECD members who refused to sign a declaration
on banking secrecy in 1999, are key both to the OECD's transparency
crusade, but also to the EU's unfolding withholding tax drama.
The information-sharing regime (the practical expression of 'transparency')
which was agreed at the Feira summit six months ago, and elaborated
in late November by the EU's ECOFIN council, is supposed to become
definite for all 15 member states at the end of 2002, by when
the key offshore jurisdictions such as Switzerland and indeed
the Isle of Man, along with the United States and other major
OECD jurisdictions are supposed to have agreed to match the EU
on information sharing.
2002 (the EU's deadline)
is well before 2005 (the OECD's deadline), but can always be changed.
Switzerland's immediate response to the EU November deal was to
reiterate its rooted objections to information sharing, while
offering to strengthen its withholding tax regime. The attitude
of the United States may be crucial: an attempt by the outgoing
Democratic administration two years ago to breach domestic banking
secrecy was defeated in Congress after a massive public outcry
which saw 250,000 letters being written in protest, and it seems
unlikely that a Bush administration would attempt to re-introduce
it.
On the contrary,
House Republican leader Dick Armey very publicly told Treasury
secretary Larry Summers to have no part in the OECD's campaign
against offshore jurisdictions accused of 'unfair' tax competition.
Said Dick Armey: 'The financial protectionism that the OECD wants
to impose against low-tax regimes is against our national interests
and would also endanger the economies of other nations.'
That being said,
it's also true that the US has pressed ahead with the installation
of the IRS's 'Qualified Intermediary' programme, which has the
effect of imposing transparency on foreign financial institutions
as far as their US clients are concerned, although it doesn't
impact on foreigners.
The OECD said that both the Netherlands Antilles and the Isle
of Man will be invited to participate in the next meeting of the
OECDs Global Forum on Taxation in March 2001, at which there
will be a discussion of how to design and implement the effective
exchange of information agreements.
The OECD has also
confirmed two further regional conferences focussed on harmful
tax practices, the first in Barbados on 8-9 January 2001. The
meeting, hosted by the Government of Barbados, is being jointly
organised with the Commonwealth Secretariat. A second regional
conference is planned to take place in Tokyo in February.