Today is the deadline for offshore jurisdictions to commit to the OECD's demands
on transparency and exchange of information, and Vanuatu has issued a press
release explaining the reasons for its refusal to make the commitment.
The Vanuatu Government has
declined to make a commitment to the Organisation for Economic Cooperation and
Development (OECD) regarding its harmful tax competition initiative. The decision
not to commit was taken by the Vanuatu Cabinet on Friday 22 February 2002.
The fact that significant
OECD members (Switzerland, Luxembourg, Belgium and Portugal) have not committed
to the standards being demanded of non-OECD states is an important reason behind
Vanuatu's decision.
In a letter dated 22 February
2002 to the Secretary General of the OECD, Donald Johnston, and the Chairman
of the OECD's Fiscal Affairs Committee, Gabriel Makhlouf, the Prime Minister
of Vanuatu expressed that his government had very serious "reservations
concerning various central aspects of this initiative". He stated that,
so far, Vanuatu had "demonstrated commitment to the principles of effective
international cooperation and transparency".
In recent years, Vanuatu has
increased the regulatory supervision of its offshore banks and offshore entities
as part of its commitment against money laundering. Vanuatu has also shown commitment
to effective international cooperation by participating in good faith with the
OECD in regional and bilateral discussions.
However, the Prime Minister
expressed that, as a sovereign state, "Vanuatu declines to make the form
of commitment sought by the OECD, on the following material grounds:
- "Given that OECD
member states have not committed to the standards that non-OECD states are
being expected to implement, and given the economic distortions that the lack
of a level playing field will create, absence of a mechanism to secure the
implementation of one standard for exchange of information among all relevant
parties (OECD and non-OECD member states) utilizing uniform implementation
time lines;
- "Absence of appropriate
forms of recognition and/or compensation for cooperation which would be extended
to jurisdictions achieving the specific standards of effective exchange of
information;
- "Absence of a mechanism
to facilitate the participation of all parties in the ongoing process of achieving
international cooperation on all matters pertaining to the OECD initiative;
and
- "Absence of a clear
indication of the level of private and public sector compliance burden posed
by the OECD Initiative vis-à-vis internationally recognised standards
of transparency and international cooperation."
The Prime Minister stated
that the Government of Vanuatu remained willing to continue discussions with
the OECD regarding the concerns outlined above, without any threats of defensive
measures.