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Germany's CDU Divided Over Purchase Of Stolen Tax Data,
by Ulrika Lomas, Tax-News.com, Brussels
Wednesday, February 03, 2010
Despite the clear resolve of German Chancellor Angela Merkel to purchase stolen
tax evader data from an informant, she is nevertheless facing increasing opposition
from within her own Christian Democratic Union (CDU) party, with some even speaking
openly about the state receiving stolen goods.
Chancellor Merkel is determined to obtain the infamous disc, containing
the names of around 1,500 Germans thought to hold bank accounts illegally in
Switzerland. According to Merkel, every reasonable individual will realize that
tax evasion must be punished. If the data is relevant, she added, then the government
should be in possession of the information.
German Finance Minister Wolfgang Schäuble has shown his support for the
Chancellor, defending the government’s decision to carefully consider
the matter. Alluding to the fact that the legal aspects have also been closely
scrutinized over the course of the last few days, Schäuble emphasized that
no rash decision would be made.
Referring to a similar incident that took place two years ago, when, for EUR4.6m,
the Federal Intelligence Service obtained a disc containing information on 1,400
Germans thought to hold accounts in the Liechtenstein LGT bank, Schäuble
noted that it would be difficult for the government to do the opposite now to
what had been done two years ago. Indeed, the government’s action at that
time has still not been called into question by any court, he noted.
Nevertheless, the CDU Council of Economic Ministers remains fiercely opposed
to the purchase, insisting instead that the informant be taken into custody.
Chairman of the parliamentary Legal Affairs Committee, Siegfried Kauder (CDU),
has expressed his belief that by purchasing the information for EUR2.5m, the
government is sending out a clear signal to data thieves that if they steal,
then the state will buy the information.
Claudia Winterstein, finance expert for the Free Democratic Party (FDP), has
also criticized the Chancellor, stating that if the data cannot be obtained
by legal means, then the state must do without the information. In a constitutional
state, the end does not justify the means, she added, otherwise it opens the
door to blackmailers and receivers of stolen goods.
Issuing its response, Switzerland’s Federal Administration stated that:
“The German Finance Minister, Wolfgang Schäuble, informed Finance
Minister Hans-Rudolf Merz by telephone that the authorities of one of the German
Länder had been offered the possibility to purchase client data from a
Swiss bank.”
It continued: “The German Federal Government will decide whether or not
to take up this offer. Finance Minister Schäuble gave no further information
on the matter. The ministers noted that both countries currently adopt different
legal positions. Federal Councillor Merz also indicated to Finance Minister
Schäuble that Switzerland does not provide any administrative assistance
on the basis of stolen client data. Federal Councillor Merz pointed out Switzerland's
readiness to increase its cooperation with Germany on tax matters, based on
a revised double taxation agreement.”
The Federal Administration confirmed that the purchase of stolen client data
is prohibited in Switzerland and violates public policy and the principle of
good faith. The use of stolen bank data constitutes a breach of the privacy
of the clients concerned, it concluded.
Negotiations between the two ministers are due to continue shortly.
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