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Today’s Top Headlines




Jersey FM In Talks Over French Blacklist

by Jason Gorringe, Tax-News.com, London

04 October 2013

Jersey's new External Relations Minister, Philip Bailhache, met French Ambassodor Bernard Emié in London on September 26, 2013 to discuss France's blacklisting of Jersey as a tax haven.

The meeting was "friendly and constructive," Mr Bailhache said.

In August France added Jersey, Bermuda and the British Virgin Islands to its list of tax havens, which currently contains 10 territories in total. France imposes tougher tax policies on territories included in its blacklist.

During a visit to Guernsey late last month Mr Emié said Jersey had been included in the blacklist due to "technical reasons."

Commenting on his meeting with the French Ambassador, Mr Bailhache said: "We discussed the technical criteria that governed the French authorities' decision to place the Island on their list of non-cooperative jurisdictions. We remain committed to resolving these issues and removing Jersey from the list as quickly as possible."

TAGS: tax | Bermuda | Guernsey | Jersey | Virgin Islands | France

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The level of restraint being shown by the Jersey authorities is immense.
The French power to blacklist is expressly limited to States or Territories outside the European Communities.
Jersey, by the drafting of the UK Act of Accession (ex art 227, now 229) is within the European Communities, by virtue of the underlying principle set ou in art 227 that it is a European Territory for whose international relations the United Kingdom is responsible (query irresponsible).

It is not excluded from them as were the Cyprus sovreign base territories, and whilst the scope of the treaties applicable to it is governed by the provisions of Protocol 3, which merely reflects the ancient and ongoing constititional relationship with the UK, the Crown Dependencies are not outside the EC, nor for that matter the EU, as confirmed by Commissioner Prodi in a 2003 reply to the European Parliamentary question of 2002.
Jersey has consistently been applying the EC legislation within the areas covered by the Protocol, as have Guernsey and the Isle of Man.
To allege that they are outside the EC is therefore an utter falsehood, unfortunately echoped and amplified by certain City Law Firms who should know better.

The French therefore have committed and act of felony of proportions transcending Talleyrand: as usual they do not respect their treaty obligations, and were the blacklisting not to be lifted, after Jersey representation, then the matter would needs be taken either to the CJEU, or in front of the Conseil d'Etat by an abused taxpayer.
As I said, the French behaviour has been and remains an abomination.
Those reading the French Commission's report on the Swiss rrelationship will see that the French, proceeding form a positon of ingnorance are perfectly at ease with asking for information to which the TIEAs and exchange mechanisms do not yet entitle them, on the basis of principles that they are attempting to carve in stone at the OECD and other international organisations.

Peter Harris on Monday, November 4, 2013

The level of restraint beingh shown by the Jersey authrpoitioes is immense.
The French power to blacklist is expressly limited to States or Territories outside the European Communities. Jersey, by the drafting of the UK Act of Accession (ex art 227, now 229) is within the European Communities, by virtue of the underlying principle set ou in art 227 that it is a European Territory for whose international relations the United Kingdom is responsible (query irresponsible): it is not excluded from them as were the Cyprus sovreign base territories, and whilst the scope fo the treaties applicable to them is governed by the provisions of Protocol 3, which merely reflects tye abncient and ongoing constititional relationship with the UK, they are not outside the EC, nor for that matter the EU, as confirmed by Commissioner Prodi in a 2003 reply to the European Parliamentary question of 2002.
Jersey has consiostently been applying the EC lmaegiclat_çion within the arteas covered by the Protocal, as have Guernsey and the Isle of Man.
To allege that they are outside the EC is therefore an utter falsehood, unfortunately echoped and amplified by certain City Law Firms who should know better.

The French therefore have committed and act of felony of proportions transcending Talleyrand: as usual they do not respect their treaty obligations, and were the blacklisting not to be lifted, after Jersey representation, then the matter would needs be taken either to the CJEU, or in front of the Conseil d'Etat by an abused taxpayer.
As I said, the French behaviour has been and remains an abomination.
Those reading the French Commission's report on the Swiss rrelationship will see that the French, proceeding form a positon of ingnorance are perfectly at ease with asking for information to which the TIEAs and exchange mechanisms do not yet entitle them, on the basis of principles that they are attempting to carve in stone at the OECD and other international organisations.

Peter Harris on Monday, November 4, 2013