|
News
Releases
3rd February, 2010 -
United Bank Limited Liquidators
On 18 May 2009,
Casey McDonald and Brian Glasgow were appointed as joint voluntary
liquidators of United Bank Limited (“the Company”), with the
approval of the St Vincent and the Grenadines’ International
Financial Services Authority. To date, all depositors have been
paid in full, with interest. Additionally, the majority of creditor
claims have been adjudicated, and it is expected that all admitted
claims will be paid in full. The liquidation is continuing with a
view to realising the Company’s remaining assets and finalising the
outstanding creditor claims. For further information, please
contact the liquidators directly, using the details set out below.
Signed
Brian Glasgow and
Casey McDonald
KPMG St Vincent
The Financial
Services Centre, Kingstown Park
Kingstown
St Vincent & the
Grenadines
Tel: +1 784 456 1644
Fax: +1 784 456 1576
21 January, 2010 -
Black / White and Grey Lists
Update on St Vincent
and the Grenadines’ Progress on its OECD Grey Listed Status:
St Vincent and the
Grenadines (SVG) was ‘grey listed’ in April 2009 by the Organization
for Economic Cooperation and Development (OECD), signifying that it
is a jurisdiction which has ‘committed to the internationally agreed
tax standard but has not yet substantially implemented’ its
commitment. Numerous other Caribbean countries including all the
countries of the Organization of Eastern Caribbean States (OECS),
were also grey listed. At the time, Barbados was the only Caribbean
country ‘white-listed’ by the OECD as Barbados had been involved in
establishing tax treaties with other countries for the past several
years.
SVG is presently
described as a ‘tax haven,’ as a direct result of its present OECD
grey- listed status and this is clearly a matter of concern for the
jurisdiction. SVG objects to such negative labeling as past
experience has illustrated that the stigma of such nomenclature is
difficult to eradicate. An example of this is that in 2003, SVG was
removed from the ‘black lists’ of the Financial Action Task Force
and the OECD, however the injury to SVG’s reputation arising out of
these listings, lingers to date in certain international financial
circles, making it difficult or in some cases impossible for SVG
licensed entities to conduct business with some international
entities.
SVG has therefore
been making arduous efforts to become delisted and in doing must
abide with OECD stipulations for delisting.
The OECD has
indicated that grey-listed countries, such as SVG, can demonstrate
their commitment to implement the internationally agreed tax
standards with respect to the exchange of tax information, by
establishing tax information exchange agreements (‘TIEAs’), with
other countries. A minimum number of twelve (12) TIEAs with other
countries may enable SVG to be removed from this grey list. The
OECD has however emphasized that each of these 12 agreements must be
qualitative, so that merely having 12 agreements numerically would
not be sufficient for de-listing purposes, if in substance each does
not accord with the OECD suggested template for such agreements.
By March 31st 2010,
countries on the grey list which have made no progress or
insubstantial progress will be dropped to the ‘black list’ and are
likely to be subjected to the imposition of sanctions by the OECD.
With this virtual Sword of Damocles looming over the reputation of
SVG, it is no wonder that for the past several months, SVG has been
involved in extensive bilateral negotiations with OECD and other
countries in order to obtain TIEAs.
These negotiations
are involved and time consuming due to the ‘queue’ of other grey and
black listed countries also pursuing the establishment of TIEAs, and
due also to the lengthy bureaucratic steps involved before the
larger OECD countries can complete the execution of a TIEA.
To date, SVG has
made significant progress in establishing TIEAs and is presently in
a strong position to be removed from the grey list, according to
Sharda Sinanan- Bollers, Executive Director of the International
Financial Services Authority of SVG.
As at January 20th
2010, SVG has already established nine (9) TIEAs with the following
countries:
|
|
-
Denmark
-
Ireland
-
Liechtenstein
|
|
SVG is also
involved in negotiations for the establishment of TIEAs with:
-
Australia
-
Germany
-
New
Zealand
|
|
-
Iceland
-
the
Faroes
-
Greenland
|
Seven (7) TIEAs in
relation to the above countries have already been initialled as
accepted by the respective countries and SVG. SVG is also pursuing a
TIEA with France through an offer from the World Bank to assist the
OECS countries in pursuing TIEAs. Dates for the completion of these
TIEAs have not yet been decided however all are targeted for
completion on or before March 31st 2010.
Since September
2009, SVG has been utilizing its Ambassadors and key contacts
stationed abroad to sign these agreements on its behalf, so as to
curtail the costs of the Minister of Finance’s attendance for such
signing. A TIEA was signed with Belgium in Brussels, by OECS
Ambassador H.E. Shirley Skerritt- Andrew, and the services of SVG
Ambassador to the United States, H.E. La Celia Prince were also
utilized to sign TIEAs with the Netherlands, Aruba and Denmark, on
the country’s behalf. SVG’s Honorary Consul to Austria, H.E. Dr.
Walter Schoen signed a TIEA with Austria, and Mr. Bryan Jeeves,
C.M.G, O.B. E. signed with Liechtenstein on SVG’s behalf. A recent
TIEA was also concluded with Ireland on December 15th 2009 via
courier service, and the latest TIEA was signed in London on January
18th 2010 by H.E. Mr. Cenio E. Lewis, High Commissioner for SVG,
with the United Kingdom of Great Britain and Northern Ireland, on
behalf of SVG.
Based on the results
of SVG’s efforts thus far with TIEAs which have been established and
are presently being pursued bilaterally, there is now a clear and
legitimate expectation on SVG’s part that it would be removed from
the Grey List by the OECD’s stipulated deadline of March 2010.
The country’s
removal from the OECD grey list would be welcomed by all players in
its local and international financial industry, and such removal
would undoubtedly be in the best interests of the reputation of the
jurisdiction.
|
 |
Signing of
the Liechtenstein/SVG TIEA by Mr. Bryan Jeeves, CMG, OBE on
behalf of SVG and Liechtenstein Government Coordinator for
International Affairs, Ms. Katja Gey. |
|
|
 |
 |
|
Signing of
the Belgium TIEA by OECS Ambassador Shirley Skerrit Andrew
on behalf of SVG and Hon. Minister of Finance, H.E. Didier
Reynders, on behalf of Belgium. |
Signing of
the UK/SVG TIEA by High Commissioner Cenio. E. Lewis on
behalf of SVG and the Rt. Hon. Stephen Timms, MP, Financial
Secretary to the UK Treasury on behalf of the UK/N. Ireland. |
14 April, 2009 - PUBLIC NOTICE
Re: Millennium Bank Inc.
Notice is hereby given
that by High Court Order dated 9th April 2009 the
following persons have been appointed as Joint Provisional
Liquidators of Millennium Bank Inc (the Bank) pursuant to Section
392 of the Companies Act, Act No 8 of 1994:
|
Mr. Charles
Thresh
KPMG Advisory Ltd
Crown House
4-Par-L-Ville RD
HM 08 Hamilton
Bermuda
Email:
cthresh@kpmg.bm |
Mr. Kris
Beighton
KPMG
P.O.Box 493 GT
Century Yard, Cricket Square
Grand Cayman, KY1-1106
Cayman Islands
Email:
krisbeighton@kpmg.ky |
Please be guided
accordingly.
27th March, 2009 - PUBLIC NOTICE
Re: Millennium Bank Inc.
The
International Financial Service Authority (the Authority) in the
exercise of its regulatory functions, at all times seeks to take all
necessary action to monitor the international financial services
sector’s adherence to the relevant governing legislation including
requirements of the International Banks Act and Proceeds of Crime
legislation . The Authority has appointed KPMG pursuant to Section
21(2)(e) of the International Banks Act 2004 to assume control over
the licensee’s affairs to preserve records and assets.
The
Authority is acting on information received from the Securities and
Exchange Commission (SEC) which has issued a complaint against
Millennium Bank and a number of non-Vincentian companies including
United Trust of Switzerland S.A., UT of S, LLC, Millennium Financial
Group, Sterling Administration, Sterling Investment Services and
Millennium Aviation. Individuals also named in the complaint include
William J. Wise, Kristi M. Hoegel and Kristi M. Christopher a/k/a
Bessy Lu, Jacqueline S. Hoegel, a/k/a Jacquline S. Hoegel, a/k/a
Jackie S. Hoegel, Philippe Angeloni and Brijesh Chopra.
2nd June, 2008
-
IFSA Executive Director
The Board of Directors of the St.
Vincent and the Grenadines International Financial Services
Authority with the approval of Cabinet has appointed Mrs. Sharda Sinanan-Bollers as the Executive Director of IFSA effective 2nd June
2008.
1st February, 2008 -
Appointment of Liquidator-PDP International Bank
The Board of Directors of the St.
Vincent and the Grenadines International Financial Services
Authority has approved the appointment of DeFreitas and
Associates - Chartered Accountants & Consultants as Liquidator of PDP International Bank. The contact information for DeFreitas
& Associates is as follows:-
DeFreitas & Associates
Chartered Accountants & Consultants
Griffith Corporate Centre, Suite 200
Murray's Road, Beachmont
P.O. Box 324, Kingstown
St. Vincent and the Grenadines
Tel: 784-451-2065 Fax:
784-457-2160
Email:
Info@defreitas-consulting.com or
defreitas@vincysurf.com
Website: www.defreitas-consulting.com
3rd May, 2007
-
Appointment of Liquidator - STB Swiss Trust Bank
The Board of Directors of the St.
Vincent and the Grenadines International Financial Services
Authority has approved the appointment of Trevor Edwards of the
firm, Edwards and Duncan, P.O. Box 45, Kingstown, St. Vincent and
the Grenadines as the liquidator of STB Swiss Trust Bank effective
3rd May 2007.
27th December,
2006 - Swiss
Trust Bank License revoked by IFSA
The International Financial Services
Authority revoked the license of STB Swiss Trust Bank Ltd. (44 BK
2001) on the 27th December 2006. The bank now has to appoint a liquidator. Please
be advised that this bank is no longer license to conduct any
business.
6th July, 2006 - Amendments
to UN (Anti-Terrorism Measures) Act and FIU Act
Please
be informed that parliament has enacted (on 29th June,
2006) amendments to the United Nations (Anti-Terrorism Measures) Act,
2002 and the Financial Intelligence Unit Act, 2001 to ensure
compliance with recommendations made by the Financial Action Task
Force and the Caribbean Financial Action Task Force (CFATF) which
stipulated that financial institutions should be compelled to report
all suspicious activity related to terrorism to the Financial
Intelligence Unit.
A copy of the amendments,
once assented to by the Governor-General, can be obtained at the
Government Printing Office.
2nd March, 2006 -
OECD Issues Disclaimer on 2000 Black List
In a move that is
long overdue, the OECD has finally issued a disclaimer to the 2000
Progress Report, in a press release. In a press release they stated,
“The [2000] report includes a list of tax havens… that list should be
seen in its historical context”. This list was the infamous “black
list” that cast a negative light on the financial systems of the
countries listed, including St. Vincent and the Grenadines. The
release further acknowledges that “more than five years have passed
since the publication of the OECD list contained in the 2000 Report
and positive changes have occurred in individual countries… the list
has not been updated to reflect such changes.” In other words, the
OECD is now saying that it is not safe to rely on that list in
determining the reputability of a particular financial center.
Countries such as
St. Vincent, together with their non-OECD sister states, have
tirelessly lobbied the OECD for a removal of this harmful list.
Finally our efforts have paid off in having the OECD publicly
acknowledge that the list is flawed.
While the list was
issued some 5 years ago, it has continued to have a negative impact on
the image those countries ‘blacklisted’ long past its initial
publication date. The placing of a disclaimer on this list is a
welcomed response to the tremendous efforts and resources that St.
Vincent and other non-OECD countries have put towards ensuring that
their financial systems are regulated in accordance with best
international practices.
St. Vincent and
the Grenadines is an active member in the dialogue with the OECD at
the level of the OECD Global Forum, where OECD and non-OECD members
meet to discuss moving towards a level playing field in transparency
and information exchange.
The disclaimer can
be found at
www.oecd.org.
Back
to Top
14th September, 2005 -
Liquidation Information
IFSA has
recently revoked the banking licenses of the offshore banks listed
below. The Attorney General of St. Vincent and the Grenadines has
applied to and received an order from the High Court to have these
banks wound up. Liquidators have been appointed and their contact
information is also listed below. All depositors and other creditors
should file their claims with the respective liquidators.
Horizon Bank International Ltd.
License
revoked April 4, 2005 |
Transglobal Bank ltd.
License revoked April 13, 2005 |
|
Liquidator:
Mr. Marcus Wide
Price Waterhouse Coopers
1809 Barrington Street, Suite 600
Halifax, Nova Scotia
Canada B3J 3K8
e-mail:
marcus.a.wide@ca.pwc.com
Attn: Mr. James Pomeroy
Tel: 902-491-7400/7416
Fax: 902-422-1166
www.pwc.com/brs-horizon/
|
Liquidator:
Mr. Marcus Wide
Price Waterhouse Coopers
1809 Barrington Street, Suite 600
Halifax, Nova Scotia
Canada B3J 3K8
e-mail:
marcus.a.wide@ca.pwc.com
Tel: 902-491-7400
Fax: 902-422-1166
|
Triton Capital Bank Ltd.
License revoked April 13, 2005 |
|
Liquidators:
Messrs. Malcolm Butterfield, Simon Wicker
& Brian Glasgow
KPMG
The Financial Services Centre
Kingstown Park, P.O. Box 561
St. Vincent & the Grenadines
Tel: 784-456-2669/1644
Fax: 784-456-1576
e-mail:
kpmgsvg@caribsurf.com
|
or contact:
Mr. Jess Shakespeare
Senior Manager, Corporate Recovery
P.O. Box 493 GT
Century Yard Building
Grand Cayman, Cayman Islands
Tel:
345-914-4405
Fax: 345-949-7164
e-mail:
jessshakespeare@kpmg.ky
|
Back
to Top
10th
August, 2005 - Discontinuation
of Eastern Caribbean Central Bank’s involvement in the
regulation/supervision of banks licensed under the International
Banks Act
Due
to a decision made by the Monetary Council, the Eastern Caribbean
Central Bank (ECCB) has given notice to terminate its involvement in
the regulation/supervision of the International Banking sector in
St Vincent and the Grenadines
. Notice date May 24th 2005.
ECCB’s
termination will be conducted in three (3) phases:
(i) Upon amendment of the
International Banks Act or within six (6) months of the notice
date, whichever is later, the ECCB will discontinue its participation
in onsite examinations of banks licensed under the International
Banks Act.
(ii) Upon amendment of the International
Banks Act or within twelve (12) months of the notice date,
whichever is later, the ECCB will cease to provide recommendations on
the approval of shareholders, directors and senior officers.
(iii) Upon amendment of the International
Banks Act or within eighteen (18) months of the notice date,
whichever is later, the ECCB will cease to provide recommendations on
the licensing of banks licensed under the International
Banks Act.
The
decision for the ECCB to discontinue its services as mentioned above
is applicable to all the islands in the EC dollar region, except in
the case of International Bank affiliates of institutions licensed
under the regional “Banking
Act”.
The ECCB will continue to provide assistance with
capacity building/training to IFSA, and with conducting due diligence
checks on prospective entrants applying for licences under the
International Banks Act.
15th
June, 2005 - Louise
Mitchell's presentation to Euromoney Annual Offshore Seminar, UK
Ms.
Louise Mitchell, IFSA's Executive Director, presented a paper at
the Euromoney Annual Offshore Seminar in London, UK on May 18, 2005.
Her paper was entitled 'Reviewing the OECD Harmful Tax
Initiative'.
View
presentation: Reviewing
the OECD Harmful Tax Initiative (PDF 40KB)
18th
April, 2005 - IFSA
Revokes Bank Licenses
The
International Financial Services Authority has recently revoked the
licences for the following Class I banks:
Horizon International Bank Limited, on April 4, 2005
Transglobal Bank Limited, on April 13, 2005
Triton Capital Bank Limited, on April 13,
2005
The
IFSA has requested that the Attorney General apply to the Court to
have these banks wound up and liquidators appointed within the next
few days. Persons who are
creditors of such banks will be required to lodge their claims with
the relevant liquidators.
In
addition, Amco Bank has surrendered its banking licence and has gone
into voluntary liquidation.
After
the delisting of
St. Vincent and the Grenadines
from the FATF list of Non-cooperating countries, the Authority
continues to show a low tolerance towards financial institutions that
are not in compliance with laws and regulations.
As regulators, we expect that the institutions conducting
business in this jurisdiction have a strong physical presence, to be compliant with the laws and regulations of the jurisdiction and
abide by prudential banking practices.
23rd
March, 2005 -
ITIO
Barbados
Meeting
Reviews IOSCO and FSF Initiatives
St.
Vincent and the Grenadines,
represented by "Ms. Louise Mitchell presented a
paper at the Euromoney Annual Offshore Seminar in London, UK on May
18, 2005. Her paper was entitled 'Reviewing the OECD Harmful Tax
Initiative'. Attached is a copy of her presentation". attended an The
International Trade and Investment Organisation (ITIO) in
Barbados
on March March 17-18, 2005. The
Barbados
meeting formally established its Secretariat’s headquarters in
Barbados
and appointed as its Executive Director Ms Francoise Hendy.
The
meeting expressed concern with the International Organisation of
Securities Commissioners’ (IOSCO) endorsement of the Financial
Action Task Force’s (FATF) past work that led to the labelling of a
number of countries as non-cooperative. This support appeared in
IOSCO’s February 2005 report, ‘Strengthening Capital Markets
Against Financial Fraud’, and is of concern in the light of what is
now known and accepted about the unfairness of the earlier FATF
process. Once again there is disproportionate focus on the offshore
financial centres (OFC) reminiscent of the spate of blacklistings in
2000. This is despite the
acknowledged improvements by OFCs, which in many cases have better
regulatory frameworks than onshore jurisdictions.
The
meeting also noted that in tandem with this development the Financial
Stability Forum (FSF) announced on 11 March, 2005 its intention to use
the same discriminatory processes to advance the initiatives of FSF
members, including the OECD, the IAIS, and IOSCO. The FSF is proposing
to rely on reports by the IMF, IOSCO as well as other unidentified
‘bodies’ and complaints by its member national authorities when
taking action against an OFC. The FSF proposes to use varying bullying
tactics including publishing the names of what it perceives as
non-cooperative OFCs. Once again the focus and negative presumptions
are on the OFCs being potentially problematic, without any
corresponding consideration of, or process for dealing with,
violations by its own members.
According
to ITIO Chair, Ms Deborah Drummond of the
Cayman Islands
“the principles of fairness, transparency and non-discrimination
that should characterise a level playing field continue to be absent
from the processes that are proposed by the IOSCO and the FSF
initiatives.”
The ITIO also examined the implications of these new
developments for the progress achieved thus far at the OECD Global
Forum level.
According to Ms Mitchell,
St. Vincent and the Grenadines
welcomes the establishment of the ITIO Secretariat in
Barbados
and anticipates that the ITIO will play an enhanced role in achieving
fairness, transparency and non-discrimination in the setting of global
standards now that it has a dedicated Secretariat.
Back
to Top
21st
January, 2005 - IFSA New Simplified Fee Structure
On
December 28, 2004,
St. Vincent and the Grenadines
implemented some of the lowest, most competitive international
financial services fees in the
Caribbean
region and a much simplified fee structure.
Our new fees came about after the industry’s regulator, the
International Financial Services Authority conducted several rounds of
consultations with industry service providers and other stakeholders.
When you team our low fees with our low cost of living and
operational costs, SVG becomes one of the most cost effective
jurisdictions for doing business.
To
view the new fee structure please browse our "Fees"
page.
10th
November, 2004 -
Opening the International Financial Industry to Foreign Registered Agents
In
March 2004, the Government of St. Vincent and the
Grenadines
amended
the Registered Agent and Trustee Licensing Act, 1996 to permit foreign
nationals to become Registered Agents and Trustees.
In order for foreign nationals to do so, they will first have
to form a local company and
should contact a local Attorney to assist them with this process.
As
part of this new move, we have added the Registered Agent and Trustee
Licensing Act, 1996 with its Amendments as well as its Statutory Rules
and Orders to our website. This
can be found under the section ‘Laws and Regulations’.
In early 2005, we will also be adding the Companies Act, 1994
which covers the formation of local companies.
10th
November, 2004 - Mutual Fund Application And Bank Application Checklists
There
has been an increased demand for our mutual fund licenses and bank
licenses. In order to
facilitate the application process and give some insight into the
qualifications the Authority looks for in applicants, we have added
checklists to our website. If
all items on the respective checklists are submitted, then it will
greatly assist us when processing applications.
Turnaround time improves when there is little need to request
additional information.
Both checklists can be found under the section ‘Laws
and Regulations’.
Back
to Top
12th
October, 2004 - Caribbean Financial Action Task Force Plenary- Panama
Oct.
4-8, 2004
A
meeting of the CFATF Plenary took place in
Panama
(Oct 4-8th), where the CFATF Mutual
Evaluation Report, an evaluation of the anti money laundering/counter
terrorist financing regime of SVG was presented. Our
Caribbean
peers conducted this examination in September 2003. There to respond to
the Report were: Ms Louise Mitchell, Executive Director of IFSA, Mrs
Sharda Bollers, Director of the FIU and Grenville John, Comptroller of
Customs. Also in attendance was Mr Claude Samuel, IFSA’s new
Chairman. The National Anti Money Laundering Committee took the
decision to send the Comptroller of Customs in person to respond to
the Report, given that the major weakness identified by the Report was
the Customs Department relating to lack of proper anti money
laundering procedures and awareness.
With
the exception of the Customs Department the Report was on the whole
extremely positive. The Report asserted that the “law enforcement
agencies on the front line in the fight against money laundering are
doing a commendable job,” citing the FIU’s exemplary performance
along with IFSA. The Report also pointed to a strong ‘political
will’ to support the anti money laundering framework.
The presentation to the Plenary by the SVG delegation was so thorough
that it left virtually no questions by the Plenary, and one
complimentary comment submitted by the
USA
.
The Plenary was assured by the Comptroller of Customs that steps are
being taken to remedy the deficiencies highlighted in the Report,
including the implementation of an intensive training program.
The
USA
delegate, Ms Nan Donnells who is also a member of the
FATF Americas Review Group, made the following statement at the
Plenary:
“SVG has given SWIFT, OUTSTANDING assistance,
including in the restraining of significant assets, which led to the
forfeiture of these assets. The
USA
’s intention is to share these assets with SVG. The
USA
can state that there are no impediments to cooperation
with SVG. Clearly the FIU is functioning very effectively.”
The
Ministerial Meeting followed the Plenary, where the Attorney General,
Hon Mrs Judith Jones Morgan was represented by Ms Louise Mitchell. The
Ministerial meeting saw the handover of the Chairmanship of the CFATF
from
Antigua and Barbuda
, to
Panama
, and the appointment of
Jamaica
as Deputy Chair.
The
FATF reported its decision to invite the CFATF and other such bodies
to hold meetings with the FATF prior to the FATF plenary. This
development was in response to a call made by SVG at the 2003 Plenary
for the CFATF to have a greater role in the FATF decision-making
process. SVG also secured a commitment from the CFATF at this
Ministerial to not circulate CFATF reports prior to them being
finalised, without the consent of the examined country. SVG argued
successfully for the right of the country to review the report for its
accuracy before the report is circulated.
The
SVG delegate also secured a commitment from the CFATF to allow the
country being evaluated the right to be consulted and to agree to
which bodies shall conduct the examination of its anti money
laundering/counter terrorist financing regime.
The
Ministerial agreed to the World Bank and the IMF having a greater role
in the conducting of assessments of CFATF countries. Also, the IMF/World
Bank anti money laundering methodology was adopted.
The
CFATF is a grouping of all
Caribbean
and Central American Countries and
Venezuela
. Its observers are the IMF, the World Bank, the FATF,
the OAS and others.
Prepared by Louise
Mitchell, Executive Director IFSA
October
12, 2004
Back
to Top
16th June,
2004 - Government of SVG on the OECD Global Forum in
Berlin
June
3-4, 2004
|
|
The events of the OECD Global Forum in
Berlin
, attended by 42
countries, demonstrate that the OECD has undergone major
transformations since it issued the damaging black list in 2000 of
‘harmful tax havens.’ The OECD has been led to abandon its top
down ‘name and shame’ approach and is now relying heavily on
non-OECD members to push its initiative on the sharing of tax
information forward.
At the Berlin
meeting two
proposals presented by the Government of St. Vincent and the
Grenadines
were accepted and adopted by the OECD.
|
|
The first was
the proposal to postpone the discussion on the imposition of sanctions
on countries that fail to comply with the OECD initiative. SVG
proposed that given the fact that there are many unresolved issues on
the table, such as the issue of a level playing field, that it was
premature to address the issue of ‘defensive measures.’ It is the
imposition of such sanctions that would give real weight to the OECD
initiative, which for the time being has been put on hold.
The second proposal was that the OECD should not dictate that
countries ‘should’ take measures TO create a level playing field
by the year 2006. It was presented that while the OECD and non-OECD
members pursue benchmarking exercises to determine the status of the
playing field, that the date of 2006 should be removed. The date of
2006 was the date that countries like SVG originally agreed to in the
famous ‘commitment letters’ for the sharing of civil tax
information. The compromise reached was the removal of the date of
2006 and the changing of the language from ‘should’ to ‘are
encouraged’. The removal of the date by the OECD now leaves open and
indefinite the timeframe for the original commitments.
In response to the OECD’s continued efforts to
‘encourage’ countries to move ahead in the sharing of tax
information,
St. Vincent and the
Grenadines
reiterated its
position that it will not seek to actively implement its commitment to
the sharing of tax information, while the issues of the level playing
field remain unresolved.
St. Vincent and the
Grenadines
indicated that it
would not volunteer to be ‘the first off the block’ to institute
measures that could put SVG at a competitive disadvantage while
countries like
Switzerland
resist such
initiatives.
The OECD has conceded both the date as well as the treatment
of the imposition of sanctions because they in short have not been
able to get compliance of their own member states. The famous EU
Savings Tax Directive, which would allow for the sharing of
information among EU states continues to be resisted by countries such
as
Switzerland
,
Luxembourg
,
Liechtenstein
and
Austria
and the
USA
. The EU is having
difficultly implementing even the watered down ‘compromise’
Directive. As such, OECD members willingly agreed to postpone OECD
deadlines as they have not been able to resolve these issues in their
home countries.
The Government of SVG also appealed to the OECD Global Forum
to retool its process to ensure that mutual benefits are derived from
countries sharing tax information. The new developments at the OECD
suggest the OECD member states are beginning to recognize that the
unilateral sharing of tax information, without any reciprocal
advantages is indeed unfair.
The
USA
position taken in
Berlin
was that the OECD
cannot dictate the tax policies of states. This position is a great
departure from the original position taken by the OECD back in 1998.
The OECD initiative is now restricted to encouraging the sharing of
tax information and transparency.
Louise Mitchell
Executive Director (Ag) IFSA
SVG Representative at OECD meeting
Berlin
Back
to Top
24th
May, 2004 - New
online registration system for offshore Companies
On
Friday
May 21, 2004
some 13 companies represented by 17 persons attended a
training session conducted by Ron Slocum of Global Isle Ltd. on the
electronic incorporation of international business companies (IBCs) and
other uses of the online registry offered by IFSA to the service
providers. On
Saturday
May 22, 2004
IFSA employees had a
similar training session conducted by Mr Slocum, who traveled from
California
to conduct the training.
The
new system of online incorporation of companies, which is active as of
Monday
May 24, 2004
allows offshore
agents to instantaneously register a company online. While in the past
IFSA promised that within one day agents could file documents and
receive company certificates, IFSA now commits to ensuring that within
three hours maximum of the filing of a document online, company
documents will be available for collection. This fast turn around time
will make the jurisdiction much more marketable. Only licensed agents
have access to the online system through secure passwords.
The online registry system also allows agents to pay their
annual fees online, to reserve company names as well as conduct
searches of company files, including those registered by other agents.
All of the remote services that will now be provided online
may be paid for in advance through an automated pre-payment system.
Agents will for example, based on projected incorporations make a
pre-payment on their account, and the value of transactions will be
automatically be deducted as the services are used.
The electronic incorporation of companies is one of the many
services that will become available online. Soon international banks
will be required to file their quarterly returns online. The use of
electronic filing is part of the commitment of the Authority to ensure
increased efficiency in the international finance sector.
Louise Mitchell
Acting Executive Director
INTERNATIONAL FINANCIAL SERVICES AUTHORITY
Back
to Top
13th
November,
2003
-
International
Business Companies (Amendment) Regulations 2003
By
virtue of the International Business Companies (Amendment) Regulations,
2003 – S.R.O. No. 31 of 2003, the International Business Companies
regulations referred to as the “principal regulations” are amended in
regulation (16) by deleting the words “without charge”.
Inserting
items 12 - 27 amends the first schedule to the principal regulations.
The
new regulation, gazetted on 19th August 2003 us hereby posted
on our website for information and advise and can be purchased from the
Government Printer at a cost of EC $1.60.
Download/view:
International Business Companies
Amendment Regulations 2003 (7KB)
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
Back
to Top
Regulators
and practitioners in the financial services industry gathered together on
the prestigious
island
of
Mustique
on
October 29, 2003
to launch the changing
of the name of the Offshore Finance Authority to the International
Financial Services Authority (IFSA) and to explore the new financial
environment in
St. Vincent and the
Grenadines
. The Seminar was hosted
by the Mustique Company and IFSA.
Bryan Jeeves of St. Vincent Trust Services, one of the most
long standing players in the industry; Isaac Legair, President of the
Registered Agents Association; and Nigel Bailey, an insurance practitioner
from the BVI also addressed the gathering. Bryan Alexander, Managing
Director of the Mustique Company spoke about the genesis and uniqueness of
the Mustique Company development.
|

|
Presentations were made by the
Rt. Hon. Prime Minister
Dr
the Hon Ralph E
Gonsalves, Deputy Governor of the Eastern Caribbean Central Bank, Mr Errol
Allen, Manager of the Eastern Caribbean Securities Exchange, Baljit Vohra,
John Clark, Chairman of the Mustique Company and Former President of the
Toronto Stock Exchange and others. The Seminar explored topics ranging
from investment opportunities in the Eastern Caribbean Securities Exchange
to an analysis of the Mustique Project as an SVG Private Investment
Success with successive Government support.
|
|
Rt.
Hon. Prime Minister Dr.
Ralph E Gonsalves |
There were over 60 participants including top representatives
from domestic banks, including First Caribbean and RBTT, Savings and Loan
financial institutions, private international banks, building societies,
lawyers and other financial service providers.
Speaking on the new name of the Authority, Deputy Governor
Errol Allen said:
“The
change of name to International Financial Services Authority must however
be seen in its proper context. If
an organization is to meet the challenges of a changing world, it must be
prepared if necessary to change everything about itself, except its
beliefs, as it moves through corporate life.
The only sacred part in an organization should be its basic
philosophy of doing business. It
therefore follows that our organization can change its operating practices
and business strategies constantly, in response to a changing world.”
|
On
the new financial environment Acting Offshore Finance Inspector Louise
Mitchell stated “We have an industry to build. Much groundwork has been
done. We are not starting from scratch. In fact we have a very solid
foundation, but we have new [regulatory] rules in the game. The
application of these new rules will require much effort and commitment on
behalf both of the regulator and the regulated.”
|

|
|
Speakers
(L to R) Brian Alexander, Nigel Bailey, Baljit Vohra,
Errol Allen,
Rudy Matthias, John Clark, Louise Mitchell, Isaac Legair |
Speaking
about the Mustique project, John C Clark, Former President of the Toronto
Stock Exchange, said “if I were to say that there is one thing that all
homeowners in Mustique have in common is the belief in the inevitability
of success”. There are no failures, just deferrals of
success.”
|

|

|
|
Dr.
Frederick Ballantyne (Governor General) and
Lavinia Gunn (Manager HR Mustique Company) |
Attendees |
If
the Mustique seminar is an indication of things to come, the international
financial services industry is well positioned for success.
Back
to Top
On 14-15 October,
Canada
hosted a meeting of the OECD Global Forum on Taxation. The meeting brought
together representatives of 40 OECD and non-OECD governments that are
committed to the principles of transparency and effective exchange of
information for tax purposes.
The meeting was convened at the request of
St. Vincent and the Grenadines
and
other proactive non-OECD member states such as Panama, Cayman
Islands
and Antigua
and Barbuda, who asked that a special meeting be held
on the single issue of the level playing field.
When St. Vincent and the Grenadines, and
many other non-OECD member states signed commitment letters in 2002
agreeing to the sharing of tax information by certain deadlines, they did
so on the condition that there must be established a level playing field.
In June 2003, an agreement on an EU Tax
Directive exempting
Switzerland,
Austria,
Luxembourg
and
Belgium
from
sharing information on savings income tax with foreign tax collectors, and
giving them extended deadlines for compliance, effectively violated the
principle of the level playing field.
In
Ottawa, the
OECD admitted that the level playing field did not exist, and does not
exist. They indicated that they would like it to exist and called upon
non-OECD member states to assist them in pushing the process forward.
St.
Vincent and the Grenadines
submitted that while the condition
precedent of its commitment to the exchange of information and
transparency does not exist, it cannot be expected to act on its
commitment; in effect its commitment is in abeyance until a global level
playing field is achieved.
St. Vincent and the Grenadines
agreed to assist the OECD in moving the process forward, but stated that
it would not do so at its own competitive disadvantage.
St. Vincent and the
Grenadines,
represented by Ms
Louise Mitchell,
Acting Offshore Finance Inspector, also called on the OECD to abandon once
and for all the idea of ‘naming and shaming’ jurisdictions. The OECD
was also asked by
St. Vincent and the
Grenadines
to
address the fact that countries like
Hong
Kong
and
Singapore
remain outside of the OECD initiative.
Back
to Top
30th
September,
2003 -
Launch
of the International Financial Services Authority (IFSA)
On October 29, 2003 the Offshore
Finance Authority will launch its new name – the International Financial
Services Authority - with a one-day seminar at the Cotton House, Mustique.
The seminar is kindly co-sponsored by the Mustique Company. With speakers
ranging from Caribbean diplomat and Deputy Chair of the CFATF Sir Ronald
Sanders to the Manager of the Eastern Caribbean Securities Exchange,
Baljit Vohra, the seminar will examine the new financial environment in
St. Vincent and the Grenadines and the region.
Participants
are asked to register early, as limited places are available. See below
for further details.
Launch
of the International Financial Services Authority (IFSA): Exploring the
New Financial Environment
October
29, 2003, Cotton House, Mustique
|
9:30 am
|
Introduction
to the Seminar
Deputy Governor of the Eastern
Caribbean Central Bank, Errol Allen
|
|
9:40
am
|
Welcome
Address by the Rt Hon. Prime Minister and Minister of Finance
Dr. the
Hon. Ralph E Gonsalves
|
|
10:00
am
|
The
Challenge of Small Offshore Jurisdictions in International Finance
Sir
Ronald Sanders
– Chief Foreign Affairs Representative with Ministerial Rank,
Antigua and Barbuda/ Deputy CFATF Chair
|
|
10:30
am
|
The
Mustique Project as an Investment Success
John C
Clark, Chairman of the Mustique Company and,
Brian
Alexander, Managing Director, Mustique Company
|
|
11:00
am
|
COFFEE
BREAK
|
|
11:30
am
|
The
Changing Dynamics of the International Finance Industry: Focus on
Market Demand and Expectations
Bryan
Jeeves, President of St. Vincent Trust Services
|
|
12:15
pm
|
LUNCH
|
|
1:30
pm
|
The
International Insurance Sector, the BVI Experience
Nigel J
Bailey, International Captive Consultants Ltd.
|
|
2:00
pm
|
Opportunities
for Developing the Mutual Funds Business in SVG
Isaac
Legair, President of the Registered Agents Association
|
|
2:30
pm
|
COFFEE
BREAK
|
|
3:00
pm
|
Opportunities
for Investment Provided by the Eastern Caribbean Securities Exchange
Baljit
Vohra, Manager of the ECSE
|
|
3:00
pm
|
Open
discussion with panel consisting of all speakers and presenters as
well as special invited guests
Moderator: Dr. Rudy
Matthias, Consultant to the Ministry of Finance
|
|
4:00
pm
|
Closing
remarks by Louise Mitchell, Offshore Finance Inspector (Ag)
|
REGISTRATION
The
cost of attending the seminar is EC$250. This cost covers lunch and coffee
breaks at the Cotton House as well as seminar documentation.
Please
complete the following form and send it together with a cheque payable to
the Accountant General for EC$250.00 to the Offshore Finance Authority. Limited
places are available. Early booking is recommended. Bookings will be
confirmed upon receipt of payment.
The
Authority will facilitate transportation arrangements by boat,
please contact Manager- Administration, Mrs. Anetha Bonadie for further
details:
Tel: (784) 456-2577 or by Fax: (784) 457- 2568
Email:
ofsh.fin@caribsurf.com or louise@vincysurf.com
Please review the full
documentation (PDF format 18KB) on the launching of the IFSA including
information on speakers scheduled to attend.
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
Back
to Top
26th
August,
2003 -
Amendment
to the Guidance Notes
The
National Anti Money Laundering Committee asks Financial Institutions to
pay attention to the fact that the Guidance Notes have been amended to
include treatment of the following:
-
politically exposed persons (Guidance Note 168);
-
correspondent banking (Guidance Note 124A); and
-
non
face-to-face customers (Guidance Note 44)
Financial institutions are required
to familiarize themselves with the new provisions referred to above and
to take steps to immediately apply such measures where relevant.
A copy of the amended Guidance Notes is posted on the Laws
and Regulations page.
Message
from the Chairman of the NAMLC.
Back
to Top
20th
June,
2003 -
St. Vincent and the
Grenadines given clean bill of health by the FATF
At
the plenary meeting in
Berlin
this week, the FATF
took the decision to remove
St. Vincent and the
Grenadines
from the list of
Non-Cooperative Countries and Territories, the so-called ‘black
list’. This removal of
St. Vincent and the
Grenadines
comes as a result of
the FATF’s recognition of the enactment of reforms to the anti money
laundering regime, and on-going efforts to implement these reforms in
the country.
The FATF have asked the Government in
St. Vincent and the
Grenadines
to continue to pay
special attention to the monitoring of its offshore banking sector.
While this
Eastern Caribbean
island state is
primarily known as an IBC jurisdiction, it also has a substantive
offshore banking sector.
The FATF Implementation Progress Report on
St. Vincent and the
Grenadines
was very complimentary
of the “substantial” amount of training provided to financial
institutions with respect to anti money laundering requirements. It said
“the institutions appear to be fully informed and aware of their
obligations.” It also states “Relationships between and among the
Offshore Financial Authority, the Financial Intelligence Unit, the
Eastern Caribbean Central Bank, other financial regulators, police,
other governmental entities, as well as the private financial services
sector, appears to be excellent and working well.”
The report also had high praise for the Financial
Intelligence Unit, saying “cooperation provided by the FIU has been
excellent.” Of the FIU it also said that it is “fully operational,
active and effective.” The FIU has been endorsed for membership into
the Egmont Group.
“St. Vincent and the
Grenadines
is now poised to take
the international financial services sector into a new era, now that we
have been given a clean bill of health by the FATF”, said Prime
Minister Dr the Hon. Ralph E. Gonsalves. “While we will continue to
rigorously enforce our anti money laundering regime, we will also now
pay more attention to ensuring that this sector continues to contribute
to the development of the national economy,” he said.
Speaking
on the FATF Report and Plenary decision to de-list St. Vincent and the
Grenadines, Offshore Finance Inspector Ms Louise Mitchell stated “the
decision is of course long overdue, however it is good to finally have
our efforts recognized by the FATF. When the FATF Americas Review Group
team finally made it here, they were very impressed with what they
found. In particular they applauded the high level of anti money
laundering compliance of the private sector, which is in part a
reflection of the excellent training conducted by the Government
agencies and speaks to the excellent relationship in this country
between the Government and the private sector.”
Back
to Top
20th
May,
2003 -
FATF
Delegation to Visit St. Vincent and the Grenadines
St. Vincent and the Grenadines
stands ready to
welcome a delegation comprised of members of the Financial Action Task
Force’s (FATF’s) Americas Review Group to conduct an on-site visit
to
St. Vincent and the
Grenadines
on
May 28-29, 2003
. The Americas Review
Group will review implementation of
St. Vincent and the
Grenadines’ anti-money
laundering reforms.
The FATF delegation will be headed by Daniel Glaser, Chair of
the Americas Review Group and Executive Director of Terrorist Financing
and Financial Crimes (US Department of the Treasury). Other members of
the delegation will include: Mr.
Laurent Alegret, Adjoint de Chef de Bureau, Ministry of Economy, Finance
and Industry, France; Mr. Richard Chalmers, Advisor on Offshore
Financial Centres, Financial Services Authority, United Kingdom; Ms.
Nan Donnells, Financial Crimes Policy Advisor, Department of the
Treasury, United States; Ms. Rachel Grasham, Senior Project Leader, Department of Finance,
Canada; Ms. Susan Smith, Senior
Trial Attorney, Department of Justice, United States; Mr. Stanislaus
Valerga, Treasury Liaison to the Caribbean, Department of the Treasury,
United States; and Mr. Calvin
Wilson, Executive Director, Caribbean Financial Action Task Force
(CFATF).
St. Vincent and the
Grenadines
was first placed on
the list of Non-Cooperative Countries and Territories (NCCT) in June
2000. In the past two years the Government has worked tirelessly to
introduce reforms in order to comply with the 40 anti money laundering
recommendations of the FATF. The
government has attended many face-to-face meetings with the Americas
Review Group and was invited to submit an implementation plan,
exhibiting how the anti money laundering regime is being executed in
St. Vincent and the
Grenadines
. The FATF, having
determined that the Implementation Plan was satisfactory, have agreed to
conduct this on-site visit of the financial sector in
St. Vincent and the
Grenadines
.
Based on their findings during this two day inspection, the Americas
Review Group will make a recommendation to the larger FATF Plenary on
June 18, 2003 as to whether St. Vincent and the Grenadines should be
taken off the NCCT list, or the so called ‘blacklist.’
While in the country the Review Group will meet with key
Government regulatory and law enforcement agencies. These include the
Hon. Attorney General, the Director of Public Prosecutions, the
Commissioner of Police, as well as the Offshore Finance Authority, the
Financial Intelligence Unit and the National Anti Money Laundering
Committee. The Group will also meet with members of the private sector,
including domestic and offshore banks, registered agents and trustees
and members of the non-banking financial community. They will also
conduct an on-site visit to one offshore bank.
The Government anticipates frank and open discussions with the Americas
Review Group and is confident that the Group will be satisfied with the
anti money laundering, counter terrorist
financing regime that is now
firmly rooted in St. Vincent and the Grenadines.
Back
to Top
9th
April,
2003 -
Amendment
to Guidance Notes
Financial institutions are asked to note that the Guidance
Notes have been amended to further restrict the application of
exemptions to the customer identification/verification requirements of
the Proceeds of Crime Money Laundering Regulations 2002. There are now
only seven financial institutions that are eligible for exemptions. They
are:
(1)
domestic
banks
(2)
international
banks
(3)
building
societies
(4)
domestic
insurance companies
(5)
international
insurance companies
(6)
registered
agents and trustees
(7)
mutual
funds
Also
it is now required that the financial institution that enters into a
customer relationship relying on the due diligence of a third party,
obtain written assurance from that party that identification data will
be made available from the third party immediately upon request.
A
copy of the amended Guidance Notes
is posted on this site under
laws and regulations. We ask that all financial institutions familiarize
themselves with the new changes.
ISSUED
BY THE NATIONAL ANTI MONEY LAUNDERING COMMITTEE -
APRIL 8, 2003
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
Back
to Top
27th
- 28th March, 2003
- Judicial/Legal
Training Seminar
A two day Judicial/Legal Training Seminar
was conducted at Sunset Shores Hotel by Mr Fitroy Drayton and Nyron
Davidson of CALP as well as a consultant to CALP, head of Furnival Law
Chambers, London Mr Andrew Mitchell QC. The Seminar was hosted by the
NAMLC, the FIU and CALP.
On March 27 and also for the morning of
March 28, 2003 all Crown and Police Prosecutors attended the Seminar,
including the Director of Public Prosecutions, the Assistant Director of
Public Prosecutions, Crown Counsel II and Crown Counsel I. Some 12
police prosecutors, all officers (customs and police) of the FIU, the
Director of the FIU and five members of the OFA staff also attended.
On the afternoon of March 28, the two
resident judges, Justice Frederick Bruce Lyle and Justice Brian Alleyne
and the Chief Magistrate Simone Churman attended.
The program was as follows:
Day One
9:00 Opening Address: Hon. Judith Jones Morgan, Attorney General
9:25 Money Laundering Overview, Fitzroy Drayton
10:45 Constitutional and Human Rights Issues, Andrew Mitchell, QC
11:30 Money Laundering Typologies, Nyron Davidson
1:30 Prosecuting Money Laundering, Andrew Mitchell, QC
2:30 Terrorist Financing, Fitzroy Drayton
3:00 Financial Investigation Tools: Production, Monitoring/Restraint
&Confiscation Orders,
Andrew Mitchell QC
4:45 Practical Exercise Introduction
The attendance at the seminar to give the
Opening Address of the Hon. Attorney General is testimony to the
priority that the Government of St. Vincent and the Grenadines affords
to AML/CFT compliance. A copy of the Hon. Attorney General’s
presentation is posted on the publications section.
Day Two
9:00 –12:30 Practical Exercise
1:30 Overview of Legislation, Fitzroy Drayton
2:00 Constitutional and Human Rights Issues, Fitzroy Drayton
2:30 Money Laundering Prosecutions, Production Orders, Restraint Orders,
Confiscation
Orders, Calculating Benefit, Receivership Order – Andrew Mitchell, QC
5:00 Close
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
15th
January,
2003 -
CFATF
makes proposal to IMF/World Bank
The Caribbean Financial Action Task Force
(CFATF) met during the week of the 13th January, 2003, in
Barbados. The focus was to formulate a position on a report by the
IMF/World Bank which contained new criteria for a global assessment
methodology designed to combat money laundering and terrorist financing.
The CFATF issued the following communiqué after the meeting:
The
members of the Caribbean Financial Action Task Force (CFATF) reaffirm
their commitment to the global struggle against money laundering and the
financing of terrorism and strongly recommend utilizing the United
Nations framework, based on collaboration and open participation, to
work towards a Global Convention on Money Laundering.
The CFATF notes that prior to its adoption by the IMF Board
on
15th November 2002
, three successive
versions of the Anti-money laundering/Combating the Financing of
Terrorism Methodology were used by the IMF/WORLD BANK with the
concurrence of their Boards during Financial Sector Assessment
Programmes and Offshore Financial Centre Assessments of CFATF Member
States.
At this stage, the CFATF has not endorsed the AML/CFT
Methodology for the 12 month IMF/WB Pilot Project ending in November
2003 but it acknowledges that the Methodology will continue to be used
in assessments of its Member States as part of the Pilot Project.
In response to the CFATF’s desire for meaningful consultation, the
representatives of the IMF/WORLD BANK have indicated that they will
refer to their management and boards the CFATF’s proposal for
collaboration with the Working Group established by CFATF and comprising
policy and technical personnel.
The focus of the Working Group will be to:
(1)
Review
the process and outcome of the twelve (12) month Pilot Project as well
as the details of its successor framework.
(2)
Review
the substance of the criteria in the Methodology Document which is
premised on the fact that Money Laundering/Financing of Terrorism are
risks to the global financial system. In this connection, the CFATF
Secretariat will conduct a study that compares the incidence of money
laundering and terrorist financing activity in CFATF Member States with
the prevalence of such activity in developed countries to determine
whether there is a real risk of CFATF Member States undermining the
global financial system.
(3)
Review
the membership of the IMF/World Bank Assessment Teams and ensure that
the Assessors are experienced in Money Laundering, Criminal Justice and
Law Enforcement matters and include experts drawn from the Region.
(4)
Address
the approach adopted in the Methodology and its application to ensure
its fairness and relevance to the circumstances of
Member
States
and the
disproportionate burdens which are placed on the human and financial
resources of the CFATF Member States by the many assessments to which
they must respond.
The CFATF has announced that the members of the Working Group are The
Bahamas, Antigua and Barbuda, Barbados, Cayman Islands, Guatemala and
Haiti, and will be assisted by the CARICOM Secretariat.
The CFATF responded positively to the suggestion by
Canada
that the CFATF
continues to participate in the FATF Review Group of the FATF 40
Recommendations.
The
meeting also recommended that letter should be written by the Ministers
of Finance of Member States to the President of the World Bank and the
Managing Director of the International Monetary Fund and the Executive
Directors representing CFATF Member States expressing concern of each
country about their desire for a meaningful consultative process in
respect of the AML/CFT Methodology.
Back
to Top
1st
November, 2002
- Press Release
on the OECD Cayman Meeting on Accounts
On October 26 to November 1, the OECD Global Forum was
convened in the
Cayman Islands
to discuss the issues of a level playing field as well as to
discuss accounts standards.
Download / View Press Release:
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
1st
November, 2002 -
OECD
Press Release
OECD Global Forum Meeting of the Joint Ad Hoc Group on Accounts
28 October-1 November 2002, Cayman
Islands
This week the Government of the Cayman
Islands hosted a meeting of the OECD Global Forum on Taxation. The
Honourable McKeeva Bush, Leader of Government Business of the Cayman
Islands, and Mr Seiichi Kondo, Deputy Secretary-General of the OECD,
opened the meeting.
The meeting brought about an enhanced
sense of inclusive partnership amongst OECD and non-OECD countries and
territories, working together to achieve common standards for
transparency and effective exchange of information for tax purposes. The
delegates of the participating partners confirmed the common aim of
fostering a transparent and well-regulated global financial system based
on common standards, which seeks the participation of all OECD Member
countries and non-OECD countries and territories that offer themselves
as responsible jurisdictions in a global economy. It was agreed that it
is valuable to examine current and developing standards and practices in
all countries and territories in taking this work forward to achieve a
level playing field.
Delegations from the following
participating partners attended the meeting: Antigua and Barbuda, Aruba,
The Bahamas, the Kingdom of Bahrain, Belize, Bermuda, the British Virgin
Islands, Canada, the Cayman Islands, the Cook Islands, France, Germany,
Gibraltar, Guernsey, Ireland, Isle of Man, Japan, Jersey, Malta,
Mauritius, Mexico, the Netherlands, the Netherlands Antilles, Panama,
Saint Christopher and Nevis, Saint Vincent and the Grenadines, Samoa,
the Seychelles, Spain, Sweden, the United Kingdom, and the United
States.
The meeting has committed to examine the next steps to further the
group's work. These include a recognition of the importance of all
international bodies working in this area to co-operate with a view
towards harnessing sometimes scarce resources within participating
countries and territories, consistent with creating efficient and
realistic compliance norms.
The participants expressed their gratitude to the Government of the
Cayman Islands for hosting the meeting.
Download the Opening Statements:
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
Back
to Top
2nd
October, 2002 -
OECD
Accounting Principles
This is a reminder to all registered agents
that the deadline for the submission of comments on the OECD accounting
draft paper is October 4, 2002. This paper has been circulated to all
registered agents.
Agents who submit comments prior to Friday October 4, 2002 will be
invited to attend a special session of the St. Vincent and the
Grenadines OECD Working Group on October 7, 2002. A link to the draft
statement is located below.
Please do not hesitate to contact Louise
Mitchell, Assistant Offshore Finance Inspector, if you have any queries
or wish to make a contribution to this important topic.
OECD
Accounts (40KB) PDF
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
17th
May, 2002 - New
Amendments
Parliament
on May 13, 2002 approved certain amendments to certain laws governing the
offshore financial services sector as well as the anti money laundering
framework. Essentially the amendment to the International Business
Companies Act provides for the registration of bearer shares. The
amendment to the International Trusts Act ensures that registered trustees
must retain information on the beneficiaries of the trusts. The other two
amendments - one to the Financial Intelligence Unit Act and the other to
the Proceeds of Crime Money Laundering Prevention Act - strengthen the
anti money laundering framework in response to specific recommendations of
the FATF.
See relevant Amendments:
International
Business Companies Amendment Act 2002 (11KB) PDF
Financial Intelligence Unit
Amendment Act 2002 (7KB) PDF
Amendments to the
Proceeds of Crime and Money Laundering Act 2002 (7KB) PDF
International Trust Amendments Act
2002 (14KB) PDF
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
Back
to Top
17th
May, 2002 - New
Fees
Registered
Agents and Trustees are asked to note that there have been certain
amendments to the International Banks Regulations and the International
Trusts Regulations, which create a new fee structure. Please consult the
Regulations below. Importantly, international banks will now bear the cost
of due diligence checks.
New Regulations/Fees:
International
Banks Amendment Regulations 2002 (6KB) PDF
International
Trust Amendment Regulations 2002 (9KB) PDF
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
16th
May, 2002 - Select
Committee Meeting May 22
There will be a Select Committee meeting to
discuss (1) The Exchange of Information Bill, (2) The Bill to Repeal
the Confidentiality Act and (3) The International Banks Act Amendment
Bill. Practitioners wishing to attend and contribute to the discussion may
contact the Authority. The meeting will be held at the Ministry of
Finance Conference Room at 9:00 am on May 22, 2002.
Bills that will be discussed at the Committee
level:
Exchange
of Information Act 2002 (22KB) PDF
International
Banks Amendment Act (22KB) PDF
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
30th
April, 2002 - Anti
Money Laundering Training Seminar May 23-24
The OFA is proud to announce an Anti Money
Laundering Training Seminar hosted by the Anti Money Laundering Committee
in association with the Caribbean Anti Money Laundering Programme (CALP)
on May 23 and 24 at the Methodist Church Hall, Kingstown.
For more information,
please click on the following link.
Anti
Money Laundering Seminar - Event Schedule (263KB) PDF
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
Back
to Top
5th
April, 2002 - Nine
Offshore Banks Licences Revoked in St. Vincent
Nine offshore banks operating in St. Vincent
and the Grenadines have had their licences revoked by the Offshore Finance
Authority, as efforts continue to clean up the offshore sector and to make
it more transparent.
The
following class I international banks had their licences revoked: Mariner
International Bank Ltd., Platinum Capital Bank, Baltic Bank Ltd., Bank Net
& Finance Inc., Heritage International Bank, Digital Commerce Bank,
Vantage Internet Bank Ltd., Rhein Bank AG and Global Access Bank Ltd. The
Private Bank has voluntarily surrendered its licence.
On
March 28, 2002 the Supreme Court of St. Vincent and the Grenadines granted
the application by the Offshore Finance Authority for the appointment of
Marcus A Wide, a partner of Price Waterhouse Coopers, as liquidator of
international banks New Bank Ltd. and Nano and Sons Private Bankers.
The Offshore Finance
Inspector (Ag) Colin Williams said that the reason for the revocation of 9
licences was their failure to comply with the banking laws and regulations
in St. Vincent and the Grenadines. All banks were given reasonable
opportunity to comply prior to the decision to revoke.
Mr
Williams also said that the ‘policy of the government of St. Vincent and
the Grenadines is to have a carefully vetted and regulated international
banking sector.’
26th
February, 2002 - SVG's Commitment to OECD
St.
Vincent and the Grenadines on Tuesday, 26 February, 2002 committed
formally to the principles of transparency and the sharing of
information enunciated by the OECD after discussions with OECD
officials in January and February 2002.
St.
Vincent and the Grenadines welcomed the shift in the original approach
of the OECD in its harmful tax initiative and the willingness of the
OECD to listen to the concerns of its economic partners. It is in part
because of the modification of the original harmful tax approach why
this country decided that it would commit. St. Vincent and the
Grenadines will now participate fully in the Global Forum as an equal
partner to discuss and determine the interpretation of these
commitments.
The
decision to commit to transparency and the effective exchange of information
is also an expression of the political will in St. Vincent and the
Grenadines to ensure that its financial services industry is one that has
much to please and little to fault in the eyes of the international
community.
In
signing on to the OECD elaborated principles of transparency and effective
exchange of information, St. Vincent and the Grenadines will not appear on
the OECD’s list of un-cooperative tax havens and the country will not be
subject to defensive measures by OECD member states and committed
jurisdictions.
Prime
Minister Dr. Ralph Gonsalves said: ‘The move by St. Vincent and the
Grenadines to commit to these principles is part of a general shift in
the direction of the offshore industry in this country away from
privacy and towards a new era where the industry will offer innovative
offshore products, fiscal incentives and efficiency.’
For more information,
please click on the following link.
SVG's
commitment to OECD (10KB) PDF
If
you do not have Adobe Acrobat Reader installed on your PC, please
click on the Adobe Acrobat Reader Image to download and install this
software.
Back
to Top
18th
January, 2002
On Thursday 17 January
2002 the Proceeds of Crime (Money Laundering) Regulations, 2002 (‘the
Regulations’) were approved in the Parliament of St. Vincent and the
Grenadines.
The
Regulations were drafted by Mr Fitzroy Drayton of the Caribbean Anti Money
Laundering Programme. They were fine tuned at a Consultation that was
hosted by the Offshore Finance Authority and the Attorney General’s
Chambers on January 4, 2002. Persons from the legal, accounting and
finance community as well as senior government officials attended the
Consultation.
The Regulations are in
effect the new ‘due diligence’ laws of St. Vincent and the Grenadines.
These Regulations are in fact the practical guidelines to the newly passed
Proceeds of Crime and Money Laundering (Prevention) Act that financial
institutions and persons engaged in relevant business activities must
follow. In particular the Regulations set out the record keeping,
identification and reporting requirements for such institutions.
The Offshore Finance
Authority is particularly proud that these Regulations address a
particular concern of the Financial Action Task Force about the existence
of anonymous accounts in St. Vincent and the Grenadines. These Regulations
have a transitional provision, namely section 10, which ensures that all
existing anonymous accounts must disclose their beneficial owners within
one year of these Regulations.
Other aspects of the
Regulations provide standard internationally accepted procedures that must
be followed in order to ascertain the identity of an individual or legal
entity, as well as sound record keeping procedures.
The Regulations will be
easy to follow as there is a Schedule attached to the Regulations that set
out the Procedure for the Verification of individuals, corporate entities,
partnerships or unincorporated businesses and facilities established by
telephone or internet.
The Offshore Finance
Authority will be coordinating a rigorous educational programme to ensure
that the persons and institutions who are covered by the Regulations will
be made aware of their relevant due diligence responsibilities.
Back
to Top
18th
January, 2002
Welcome
to the New Registrar of International Business Companies –
Ms Alyson Samuel
The Offshore Finance
Authority is very pleased to welcome to its team Ms Alyson Samuel as
the Registrar of IBCs. Ms Samuel has worked in the public service for
24 years. She has spent most of this time giving distinguished service
as the Deputy Registrar Non Professional at the Registry of the
Eastern Supreme Court of St. Vincent and the Grenadines. Her training
included the New Rules of the Eastern Supreme Court, in which she
completed a course with the top grade in Eastern Caribbean. Ms Samuel
has also worked in many departments of the government legal service,
including a stint at the Offshore Finance Authority. It is a great
pleasure for us to welcome her home.
29th
October, 2001
The
Saint Vincent and the Grenadines Offshore Finance Authority (OFA) and the
Eastern Caribbean Central Bank (ECCB) have today, Monday, the 29th
of October, 2001, concluded an Administrative Procedures Agreement to
cover the supervision of offshore banks.
A
team from the Saint Kitts-based ECCB met with officials of the OFA to
finalise the Agreement, which deals with matters such as the licensing of
offshore banks and the supervision and regulation of offshore banks.
Under
the Agreement, the OFA and the ECCB will review applications for
international (offshore) bank licenses before any approval is given.
Previously, the OFA was the sole body responsible for reviewing
applications.
The
ECCB will also collaborate with the OFA in conducting off-site and on-site
examinations of banks. These
would include reviews of the licensees quarterly returns and annual
statements, as well as regular meetings with the offshore banks to review
their performance.
Acting
Offshore Finance Inspector, Colin Williams, noted that this Agreement is
another step in the process of ensuring that Saint Vincent and the
Grenadines is a clean and credible jurisdiction.
Assistant
Offshore Finance Inspector, Louise Mitchell, welcomed the Agreement.
She pointed out that it strengthens the capacity of the OFA to
supervise the offshore banking sector.
The
ECCB already supervises all commercial banks in Saint Vincent and the
Grenadines.
Back
to Top
|
|