Offshore Financial Centres and the Law

Offshore Financial Centres and the Law

Author: Dominic Thomas-James

Publisher: Routledge

Published: 2021-07-15

Total Pages: 133

ISBN-13: 1000411176

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This book considers the ability of island jurisdictions with financial centres to meet the expectations of the international community in addressing the threats posed to themselves and others by their innocent (or otherwise) facilitation of the receipt of suspect wealth. In the global financial architecture, British Overseas Territories are of material significance. Through their inalienable right to self-determination, many developed offshore financial centres to achieve sustainable economic development. Focusing on Bermuda, Turks and Caicos, and Anguilla, the book concerns suspect wealth emanating from financial crimes including corruption, money laundering and tax evasion, as well as controversial conduct like tax avoidance. This work considers the viability of international standards on suspect wealth in the context of the territories, how willing or able they are to comply with them, and how their financial centres can better prevent receipt of suspect wealth. While universalism is desirable in the modern approach to tackling suspect wealth, a one-size-fits-all approach is inappropriate for these jurisdictions. On critically evaluating their legislative and regulatory regimes, the book advances that they demonstrate willingness to comply with international standards. However, their abilities and levels of compliance vary. In acknowledging the facilitatively harmful role the territories can play, this work draws upon evidence of implication in transnational financial crime cases. Notwithstanding this, the book questions whether the degree of criticism that these offshore jurisdictions have encountered is warranted in light of apparent willingness to engage in the enactment and administration of internationally accepted laws and cooperate with international institutions.


Book Synopsis Offshore Financial Centres and the Law by : Dominic Thomas-James

Download or read book Offshore Financial Centres and the Law written by Dominic Thomas-James and published by Routledge. This book was released on 2021-07-15 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the ability of island jurisdictions with financial centres to meet the expectations of the international community in addressing the threats posed to themselves and others by their innocent (or otherwise) facilitation of the receipt of suspect wealth. In the global financial architecture, British Overseas Territories are of material significance. Through their inalienable right to self-determination, many developed offshore financial centres to achieve sustainable economic development. Focusing on Bermuda, Turks and Caicos, and Anguilla, the book concerns suspect wealth emanating from financial crimes including corruption, money laundering and tax evasion, as well as controversial conduct like tax avoidance. This work considers the viability of international standards on suspect wealth in the context of the territories, how willing or able they are to comply with them, and how their financial centres can better prevent receipt of suspect wealth. While universalism is desirable in the modern approach to tackling suspect wealth, a one-size-fits-all approach is inappropriate for these jurisdictions. On critically evaluating their legislative and regulatory regimes, the book advances that they demonstrate willingness to comply with international standards. However, their abilities and levels of compliance vary. In acknowledging the facilitatively harmful role the territories can play, this work draws upon evidence of implication in transnational financial crime cases. Notwithstanding this, the book questions whether the degree of criticism that these offshore jurisdictions have encountered is warranted in light of apparent willingness to engage in the enactment and administration of internationally accepted laws and cooperate with international institutions.


Banking Secrecy and Offshore Financial Centers

Banking Secrecy and Offshore Financial Centers

Author: Mary Alice Young

Publisher: Routledge

Published: 2013-02-11

Total Pages: 218

ISBN-13: 1135123373

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This book brings together the issues surrounding banking secrecy and confiscation of criminal proceeds. The book examines the existing legal agreements at the international, regional and national levels and their interaction in the substantive areas of confiscation, anti-money laundering and banking confidentiality laws. It looks at how these agreements have been applied in offshore financial centers and demonstrates that despite a number of legally binding UN Conventions as well as global anti-money laundering recommendations, the implementation of them is often lukewarm by those Parties who have ratified the Convention and adopted obligations, because of this the confiscation legislation is incompatible with strict banking confidentiality laws. The work draws on the experience of criminologists to offer critical insight into the legislative frameworks designed to deal with banking secrecy and confiscation in offshore financial centers. It goes on to offer suggestions for measures that may be taken by major economies to circumvent the lack of cooperation by offshore financial centers as intolerance towards money laundering grows in light of recent political and economic events. This book will be of particular interest to students and scholars of Law, Finance and Criminology.


Book Synopsis Banking Secrecy and Offshore Financial Centers by : Mary Alice Young

Download or read book Banking Secrecy and Offshore Financial Centers written by Mary Alice Young and published by Routledge. This book was released on 2013-02-11 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the issues surrounding banking secrecy and confiscation of criminal proceeds. The book examines the existing legal agreements at the international, regional and national levels and their interaction in the substantive areas of confiscation, anti-money laundering and banking confidentiality laws. It looks at how these agreements have been applied in offshore financial centers and demonstrates that despite a number of legally binding UN Conventions as well as global anti-money laundering recommendations, the implementation of them is often lukewarm by those Parties who have ratified the Convention and adopted obligations, because of this the confiscation legislation is incompatible with strict banking confidentiality laws. The work draws on the experience of criminologists to offer critical insight into the legislative frameworks designed to deal with banking secrecy and confiscation in offshore financial centers. It goes on to offer suggestions for measures that may be taken by major economies to circumvent the lack of cooperation by offshore financial centers as intolerance towards money laundering grows in light of recent political and economic events. This book will be of particular interest to students and scholars of Law, Finance and Criminology.


Trusts and Related Tax Issues in Offshore Financial Law

Trusts and Related Tax Issues in Offshore Financial Law

Author: Rose-Marie Belle Antoine

Publisher: Oxford University Press, USA

Published: 2005

Total Pages: 0

ISBN-13: 9780199252220

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The offshore financial centre remains one of the most important and intriguing new phenomena in the international financial sector today, accounting for billions of investment dollars worldwide. One of the key financial products that the sector has spawned is the offshore trust. A statutorycreation, the offshore trust is a significant departure from the traditional English common law trust. This modern trust, which serves as an important vehicle for tax planning, estate planning, asset protection, and broader investment objectives in offshore jurisdictions, operates within a speciallegal framework. It embodies significant and often radical concepts, such as the purpose trust, and trusts created specifically to avoid forced heirship regimes. This book examines this complex legal framework and the corresponding jurisprudence in detail, providing a valuable resource tool for thepractitioner and academic alike.The offshore trust is a fairly new creature, and thus several controversial questions arise. This book offers an honest appraisal of such questions, examining the offshore trust from both its statutory origins and comparatively, taking into account common law presumptions about the trust. Thisenables the practitioner to source workable solutions to the inevitable conflicts that arise. Public policy concerns are also addressed.Offshore trusts have not been insulated from broader questions surrounding offshore financial centres. These are also discussed, particularly in relation to their tax planning, asset protection, and confidentiality functions. The responses to these questions coming from an ever-increasing body ofcase law and legislation, are also examined.


Book Synopsis Trusts and Related Tax Issues in Offshore Financial Law by : Rose-Marie Belle Antoine

Download or read book Trusts and Related Tax Issues in Offshore Financial Law written by Rose-Marie Belle Antoine and published by Oxford University Press, USA. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The offshore financial centre remains one of the most important and intriguing new phenomena in the international financial sector today, accounting for billions of investment dollars worldwide. One of the key financial products that the sector has spawned is the offshore trust. A statutorycreation, the offshore trust is a significant departure from the traditional English common law trust. This modern trust, which serves as an important vehicle for tax planning, estate planning, asset protection, and broader investment objectives in offshore jurisdictions, operates within a speciallegal framework. It embodies significant and often radical concepts, such as the purpose trust, and trusts created specifically to avoid forced heirship regimes. This book examines this complex legal framework and the corresponding jurisprudence in detail, providing a valuable resource tool for thepractitioner and academic alike.The offshore trust is a fairly new creature, and thus several controversial questions arise. This book offers an honest appraisal of such questions, examining the offshore trust from both its statutory origins and comparatively, taking into account common law presumptions about the trust. Thisenables the practitioner to source workable solutions to the inevitable conflicts that arise. Public policy concerns are also addressed.Offshore trusts have not been insulated from broader questions surrounding offshore financial centres. These are also discussed, particularly in relation to their tax planning, asset protection, and confidentiality functions. The responses to these questions coming from an ever-increasing body ofcase law and legislation, are also examined.


Legal Issues in Offshore Financial Services

Legal Issues in Offshore Financial Services

Author: Rose-Marie Belle Antoine

Publisher: Ian Randle Publishers

Published: 2004

Total Pages: 253

ISBN-13: 9768167319

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In this publication, academics, professional and representatives of the regulatory and government sectors from the Caribbean and the United Kingdom, address the types of offshore products and functions, the offshore tax function, the legal issues involved in using the offshore trust, and regulation of the offshore sector. The Key areas of International Business vehicles, the Captive Insurance Industry the use of offshore trusts in International estate planning and the regulation and control of money laundering are also analysed. This publication represents an edited and updated collection of papers delivered at the 1998 workshop on the subject Legal Issues in Offshore International Financial Services.


Book Synopsis Legal Issues in Offshore Financial Services by : Rose-Marie Belle Antoine

Download or read book Legal Issues in Offshore Financial Services written by Rose-Marie Belle Antoine and published by Ian Randle Publishers. This book was released on 2004 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this publication, academics, professional and representatives of the regulatory and government sectors from the Caribbean and the United Kingdom, address the types of offshore products and functions, the offshore tax function, the legal issues involved in using the offshore trust, and regulation of the offshore sector. The Key areas of International Business vehicles, the Captive Insurance Industry the use of offshore trusts in International estate planning and the regulation and control of money laundering are also analysed. This publication represents an edited and updated collection of papers delivered at the 1998 workshop on the subject Legal Issues in Offshore International Financial Services.


Offshore Financial Law

Offshore Financial Law

Author: Rose-Marie Antoine

Publisher: OUP Oxford

Published: 2013-03-28

Total Pages: 0

ISBN-13: 9780199693450

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This new edition of the leading comparative work on offshore financial law provides a fresh look at the current legal landscape in this sector offering guidance on complex legal issues and context for matters of practice.


Book Synopsis Offshore Financial Law by : Rose-Marie Antoine

Download or read book Offshore Financial Law written by Rose-Marie Antoine and published by OUP Oxford. This book was released on 2013-03-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of the leading comparative work on offshore financial law provides a fresh look at the current legal landscape in this sector offering guidance on complex legal issues and context for matters of practice.


The Role of offshore Centers in International Financial Intermediation

The Role of offshore Centers in International Financial Intermediation

Author: Marcel Cassard

Publisher: International Monetary Fund

Published: 1994-09-01

Total Pages: 68

ISBN-13: 1451946783

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The IMF Working Papers series is designed to make IMF staff research available to a wide audience. Almost 300 Working Papers are released each year, covering a wide range of theoretical and analytical topics, including balance of payments, monetary and fiscal issues, global liquidity, and national and international economic developments.


Book Synopsis The Role of offshore Centers in International Financial Intermediation by : Marcel Cassard

Download or read book The Role of offshore Centers in International Financial Intermediation written by Marcel Cassard and published by International Monetary Fund. This book was released on 1994-09-01 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The IMF Working Papers series is designed to make IMF staff research available to a wide audience. Almost 300 Working Papers are released each year, covering a wide range of theoretical and analytical topics, including balance of payments, monetary and fiscal issues, global liquidity, and national and international economic developments.


Coordinated Portfolio investment Survey

Coordinated Portfolio investment Survey

Author: International Monetary Fund

Publisher: International Monetary Fund

Published: 1997-01-01

Total Pages: 180

ISBN-13: 1455216569

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This paper presents a coordinated portfolio investment survey guide provided to assist national compilers in the conduct of the Coordinated Portfolio Investment Survey, conducted under the auspices of the IMF with reference to the year-end 1997. The guide covers a variety of conceptual issues that a country must address when conducting a survey. It also covers the practical issues associated with preparing for a national survey. These include setting a timetable, taking account of the legal and confidentiality issues raised, developing a mailing list, and maintaining quality control checks.


Book Synopsis Coordinated Portfolio investment Survey by : International Monetary Fund

Download or read book Coordinated Portfolio investment Survey written by International Monetary Fund and published by International Monetary Fund. This book was released on 1997-01-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper presents a coordinated portfolio investment survey guide provided to assist national compilers in the conduct of the Coordinated Portfolio Investment Survey, conducted under the auspices of the IMF with reference to the year-end 1997. The guide covers a variety of conceptual issues that a country must address when conducting a survey. It also covers the practical issues associated with preparing for a national survey. These include setting a timetable, taking account of the legal and confidentiality issues raised, developing a mailing list, and maintaining quality control checks.


Banking Secrecy and Offshore Financial Centers

Banking Secrecy and Offshore Financial Centers

Author: Mary Alice Young

Publisher: Routledge

Published: 2013

Total Pages: 218

ISBN-13: 0415526329

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This book brings together the issues surrounding banking secrecy and confiscation of criminal proceeds in offshore financial centres. The book examines the existing legal agreements at the international, regional and national levels and their interaction in the substantive areas of confiscation, anti-money laundering and banking confidentiality laws. The work draws on the insights of criminologists to offer critical insight into the legislative frameworks designed to deal with banking secrecy and confiscation in offshore financial centres. It goes on to offer suggestions for measures that may be taken by major economies to circumvent the lack of cooperation by offshore financial centres as intolerance towards money laundering grows in light of recent political and economic events.


Book Synopsis Banking Secrecy and Offshore Financial Centers by : Mary Alice Young

Download or read book Banking Secrecy and Offshore Financial Centers written by Mary Alice Young and published by Routledge. This book was released on 2013 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the issues surrounding banking secrecy and confiscation of criminal proceeds in offshore financial centres. The book examines the existing legal agreements at the international, regional and national levels and their interaction in the substantive areas of confiscation, anti-money laundering and banking confidentiality laws. The work draws on the insights of criminologists to offer critical insight into the legislative frameworks designed to deal with banking secrecy and confiscation in offshore financial centres. It goes on to offer suggestions for measures that may be taken by major economies to circumvent the lack of cooperation by offshore financial centres as intolerance towards money laundering grows in light of recent political and economic events.


Offshore Commercial Law in Bermuda

Offshore Commercial Law in Bermuda

Author: Ian Kawaley

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9780854902422

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Written by leading practitioners in the principal commercial law fields, this book provides an insight into the historical development and current operation of Bermuda's offshore legal framework. Each contributor describes the key legal rules and explains how the relevant legal principles are applied in practice.


Book Synopsis Offshore Commercial Law in Bermuda by : Ian Kawaley

Download or read book Offshore Commercial Law in Bermuda written by Ian Kawaley and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading practitioners in the principal commercial law fields, this book provides an insight into the historical development and current operation of Bermuda's offshore legal framework. Each contributor describes the key legal rules and explains how the relevant legal principles are applied in practice.


Offshore

Offshore

Author: Alain Deneault

Publisher: The New Press

Published: 2012-01-24

Total Pages: 224

ISBN-13: 1595588469

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Offshore reveals how the vast network of unregulated financial centers—from Luxemburg to the Cayman islands to the tiny Pacific haven of Nauru— amount to a nether realm of drug and arms trade profits, enormous private accounts, and multinational corporate financial holdings. Delving into the scandals, the financial structure, and the history of this hidden side of globalization, sociologist Alain Deneault depicts something larger and more ominous than simple “tax havens” where financial elites and corporations must reside X days out of every calendar year to protect their earnings. Instead, Offshore describes a global base of operations from which massive criminal enterprises and corrupt corporations operate freely and with impunity, menacing developing nations and advanced democracies alike.


Book Synopsis Offshore by : Alain Deneault

Download or read book Offshore written by Alain Deneault and published by The New Press. This book was released on 2012-01-24 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offshore reveals how the vast network of unregulated financial centers—from Luxemburg to the Cayman islands to the tiny Pacific haven of Nauru— amount to a nether realm of drug and arms trade profits, enormous private accounts, and multinational corporate financial holdings. Delving into the scandals, the financial structure, and the history of this hidden side of globalization, sociologist Alain Deneault depicts something larger and more ominous than simple “tax havens” where financial elites and corporations must reside X days out of every calendar year to protect their earnings. Instead, Offshore describes a global base of operations from which massive criminal enterprises and corrupt corporations operate freely and with impunity, menacing developing nations and advanced democracies alike.