Thursday 24th April 2025
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Comsure operates in:the UK, Jersey, Guernsey

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Jersey FATCA processes now live

Jersey’s financial institutions are now able to register in Jersey in preparation for US FATCA, which commences this year. The Foreign Account Tax Compliance Act (FATCA) requires financial institutions outside the USA to report information on financial accounts held by their US customers to the Internal Revenue Service (IRS).

A test platform has been available to local financial institutions since the beginning of 2015 to test their file formats and familiarise themselves with the FATCA return process. Now financial institutions can register on the live system and submit information required under the FATCA rules.

The Comptroller of Taxes, acting as Jersey’s Competent Authority, requires the information to be submitted by 30 June each year. The information is then forwarded to the IRS.

The Minister for Treasury and Resources, Senator Alan Maclean, said: “The launch of the online reporting platform means that our financial institutions will be in the best possible position to ensure that they meet the 30 June reporting deadline for FATCA and avoid the 30 per cent US withholding tax.”

In order to assist industry, two sets of guidance notes have been prepared, both currently in draft format. The first are general guidance notes, and have been drawn up in conjunction with Guernsey and the Isle of Man. They are available to download here.

There are also Jersey-specific IT guidance notes to help users to prepare for the exchange of information with the Comptroller of Taxes. These notes include details about the new online portal and how to register, and the required file format for data exchange. The IT guidance notes are available here.

http://bit.ly/1EJaI3I

SFO takes on lawyer-client privilege in fight on fraudsters

The country’s top fraud fighter is on the offensive.

David Green, QC, has already stated that the Serious Fraud Office (SFO) is at a “pivotal time” and, more significantly, that it has its “mojo” back. Now the SFO director is targeting lawyers over legal professional privilege. Companies, he says, are obstructing investigations by hiding behind the privilege of communications with their lawyers. It will not be long before he goes to court with a test case.

http://www.thetimes.co.uk/tto/law/article4344387.ece

The trouble with the world…

…is that the stupid are cocksure and the intelligent are full of doubt.

Bertrand Russell – British philosopher, logician, mathematician, historian, write, social critic and political activist.

 

Fraud, organised crime costing Africa billions per year

Addis Ababa (AFP) – Africa loses at least $50 billion (44 billion euros) a year to illicit practices like tax fraud, corruption and organised crime, a worrying situation that is hurting the continent’s economies, a UN-mandated study group warned Sunday.

Illicit financial flows — which range from international corporations dodging taxes to the trafficking of weapons and minerals — are a barrier to creating jobs on the world’s poorest continent, according to the group headed by ex-South African president Thabo Mbeki.

“Large commercial corporations are by far the biggest culprits of illicit outflows, followed by organised crime,” said Mbeki in the report commissioned by the United Nations and African Union to study illicit cash flows.

“We are also convinced that corrupt practices in Africa are facilitating these outflows.”

Whatever the source of these illicit transfers of wealth, the impact on Africa is overwhelmingly negative and in need of a crackdown from customs, tax, business and anti-corruption authorities, the group said.

“Their (African) economies do not benefit from the multiplier effects of the domestic use of such resources, whether for consumption or investment,” the group said in its report. “Such lost opportunities impact negatively on growth and ultimately on job creation in Africa.”

African economies have been growing steadily at about five percent each year but still far below the double digit booms that have propelled economic leaps in India and China.

The West, watchdogs say, plays a major role in this drain on Africa’s resources.

“It is important to note that this isn’t just an African problem, much of the money that leaves Africa illicitly by way of corporate tax evasion or corruption ends up in banks within Europe and the United States”, said Henry Malumo, a coordinator at anti-poverty group Action Aid International.

http://yhoo.it/16eVl4g

Channel Islands, UK and Ireland among least complex places to do business

Jersey has been ranked as the least complex country for multinational enterprises to do business in for the second year running, according to TMF Group’s 2014 Global Benchmark Complexity Index.

The far-reaching annual study has ranked 81 jurisdictions across Europe, the Middle East, Africa, Asia-Pacific and the Americas according to how complex they are to do business in from a regulatory and compliance perspective.

According to the findings, which rank from the most to the least complex jurisdictions, Jersey (81), Ireland (79), Guernsey (75) and the UK (74) are ranked amongst the least complex places to do business, alongside Hong Kong (80), Australia (76) and New Zealand (72).

South America was found to be the most complex region to operate in, making up half of the index’s top 20 and accounting for the top three places, with Argentina found most complex, and Brazil and Bolivia taking second and third places respectively.

The research identified local legal systems as a key driver in the complexity of regulatory environments. Those countries that operated a civil law framework, including many South American countries, were typically ranked higher than those where common law is employed.

Other drivers include economic and political turbulence, significant changes in the global business environment and the increase in compliance requirements, including FATCA, anti-bribery and corruption, the OECD Base Erosion and Profit Shifting (BEPS) Project and changes in international company law.

Commenting on the findings, Thorold Youngman-Sullivan, Global Head of Corporate Secretarial Services at TMF Group, said: “The burden of managing various international entities continues to be a major headache for multinational companies and their boards of directors. Growing internal and external stakeholder pressure, changing regulation and the continued expansion by multinationals into new territories have all added to the compliance responsibilities shouldered by their in-house teams. As part of this, certain jurisdictions have changed significantly their complexity ranking from the previous year as new rules come into force, meaning that there are an increasing number of potential pitfalls waiting for those firms expanding into new territories without sufficient knowledge of the local landscapes.”

http://bit.ly/1uQELxG

Wisdom…

Knowledge is knowing that a tomato is a fruit

Wisdom is not adding it to a fruit salad.

tomato

London: ‘a global haven for criminal financial activity’

London is a global haven for criminal financial activity – with billions of pounds laundered through British banks each day, according to the head of the UK’s National Crime Agency.

“Many hundreds of billions of pounds of criminal money is almost certainly laundered through UK banks and their subsidiaries each year,” Keith Bristow the head of the National Crime Agency (NCA), will tell an audience in Washington DC on Thursday evening.

Mr Bristow, will say that an estimated £24bn of global organised crime proceeds each year is funneled through the British financial system and hoarded in UK businesses, and he warns that the given the security situation in the Middle East, this picture is likely to worsen.

“The high transaction volume, language, developed financial services industry, and political stability of the UK, makes our financial system particularly attractive to money laundering – despite the measures to identify and stop it.”

His comments will compound long-held suspicions that the ease of setting up companies in this country, coupled with lax corporate rules and banks that have historically not done enough to clamp down on money laundering, have made Britain an attractive destination for global organised crime.

The NCA has previously warned that “many hundreds of billions of pounds of international criminal money is almost certainly laundered through UK banks, including their subsidiaries, each year”.

But Mr Bristow’s speech at Georgetown University will almost certainly intensify pressure on British banks to intensify their efforts. “There is no question that there are areas of economic crime that traditionally law enforcement and government have not understood well,” the NCA director will say.

“Some crimes, like high volume, low value, mass market fraud, haven’t met certain thresholds, or have made it challenging to secure convictions. Others, like corporate fraud, have seen an inconsistent response. All this has presented criminals with opportunities, which they have been quick to exploit.”

His comments are also likely to draw attention to the wider financial services market in Britain – including lawyers, accountants and financial managers who knowingly work with criminals to hide their assets, move money through banks or launder funds.

Mr Bristow will warn that these “small minority” of unscrupulous suppliers “damages the reputation of the large majority of professionals in those sectors”.

But clamping down on criminality means extending investigations beyond the Square Mile. Many of the firms commonly favoured by international criminal groups include car dealers, solariums, nail bars and massage parlours.

These are effectively outlets with a legitimate “shop window” that are capable of storing large amounts of cash giving authorities the impression that they have been legitimately earned.

Some of this comprises profits made from crimes linked to international terrorist groups.

Wire transfers have been known to be particularly favoured by criminal gangs.

An investigation by The Times in December suggested that Islamic State militants were transferring cash from abroad London through Western Union to fund expenses for young teenagers to travel to Syria.

How does money laundering work?

Essentially, money laundering involves creating the impression that so-called “dirty money” has been earned through legal means.

Money that passes unchecked across the global financial market can then be withdrawn or stored in the UK. To do this, criminals need to find ways of coming up with official documentation that testifies to their money’s “honest” origins.

Often, they will take over legitimate businesses which they can then push the money through in fake transactions, generating a paper trail of receipts and signed-off by accountants often complicit in the schemes. These “profits” can then be stored in British bank accounts where they generate interest, or are funnelled into tax-havens overseas.

They are then effectively a “slush fund” for criminal gangs. Though stored here, the money can be withdrawn overseas or reinvested in new criminal enterprises.

And so the cycle continues…

International crime

The NCA director will say: “The Arab Spring is seen as a triumph of democracy and the will of the people, but previous experience – in the former Soviet Union, the Balkans, and Afghanistan – shows us that when autocratic regimes collapse, the vacuum in law and order means that within as little as two years a country will become a serious crime threat for the UK.”

Warning that criminal activity now operates in a global market, Mr Bristow will add: “The heroin injected on the streets of Liverpool is from Afghanistan. The cocaine taken at middle-class London dinner parties is from Colombia. The new psychoactive substance that kills teenagers in Manchester is produced by chemists in China or India.

“Criminal money is laundered in the UAE. The boiler room scam that robs the elderly in Birmingham is perpetrated from Indonesia.

“The immigrants held in slavery or sexual servitude in leafy suburbs or on Scottish fishing boats are from the Philippines or Vietnam.

“The cybercrime that threatens the bank accounts of those in Cornwall originates in Russia, and guns are imported from the USA to rob or kill.”

He will conclude: “We need to do business with the politically and reputational challenging, and with the ungoverned, unstable, fragile and fractured parts of the world.

http://bit.ly/15Z2FSk

COLLAS CRILL AND COMSURE TO HOST RISK AND REGULATORY SEMINAR

Collas Crill and Comsure will host a free Risk Outlook Workshop in early February.

This year looks to bring with it even more regulations and greater demands for transparency, putting pressure not only on compliance functions but everyone within a financial services organisation from the top down. With a number of changes arising in 2014 and 2015, and with MoneyVal on the horizon, 2015 is looking like a busy year for compliance.

In reaction to this Collas Crill and Comsure will host a Risk Outlook Workshop which will look at the recent and forthcoming legal and regulatory changes for 2015.

The Workshop will give both legal and practical advice on the key issues that every Board should be discussing now, some of which will include: CDD Changes, Jersey Proceeds of Crime legislation, MoneyVal, Civil penalties and The Jersey Financial Services Ombudsman.

Comsure’s Mathew Beale, a leading provider of compliance services in the Channel Islands, said “This timely workshop has been designed to cover the key issues that will impact every financial services business in 2015, by providing a summary of these matters it is hoped that attendees will be more equipped to consider what their firms should be doing in light of such proposed changes and prepare their time and resources for a busy 2015.”

Collas Crill risk and regulatory expert Paul Wilson said: “No longer is it enough to just know the rules; leading financial services businesses need to stay two steps ahead – to do this they have to get into the mindset of the regulator and take proactive steps to make sure they can deal with the issues that really matter, saving time and money for getting on with business.”

The workshop will be of interest to a wide range of professionals tackling risk and regulatory issues, as well as anyone with an eye on Jersey’s regulatory landscape, including Directors, CEOs, finance officers, administrators, MLROs, Risk Officers and NEDs.

Details for the workshop are:

When: Thursday 5th February 2015

Time: 11:45 Registration and buffet Lunch. 12:00 start for a 13:45 finish.

Where: The Royal Yacht

For more information on the seminars and to make a booking, please email info@comsuregroup.com or visit www.comsuregroup.com.

PLEASE NOTE: As there are a large number of people registered for this event, the registration time may be brought forward.

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