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MONEYVAL welcomes Serbia´s removal from FATF’s “grey list”

Strasbourg 24.06.2019 – The Council of Europe´s anti money laundering and counter terrorist financing body MONEYVAL today welcomed that the Financial Action Task Force (FATF) decided at its plenary meeting held in Orlando (USA) from 16 to 21 June that Serbia will no longer be subject to the FATF’s monitoring under its ongoing global anti-money laundering and counter-terrorist financing (AML/CFT) compliance process (the so called “grey list”).

Serbia will work with MONEYVAL as it continues to further improve and effectively implement its AML/CFT regime. The FATF was satisfied that all strategic AML/CFT deficiencies earlier identified by the FATF and included in an action plan were addressed, implementation has begun and is being sustained, and there is both the high-level political commitment and institutional capacity to continue implementation of the AML/CFT reforms in the future.

MONEYVAL’s Chair, Daniel Thelesklaf, said: “On behalf of MONEYVAL, I would like to warmly congratulate Serbia for its tremendous progress in a very short time period to improve the effectiveness of its AML/CFT regime. MONEYVAL will continue working with Serbia through its follow-up process to successfully continue to further strengthen this regime.”

Our company’s specialists are ready to assist you in registering a company in Serbia, as well as help with opening an account for a new established company.

Source: https://www.coe.int/en/web/moneyval/home/newsroom/-/asset_publisher/zTE3FjHi4YJ7/content/moneyval-congratulates-serbia-for-removal-from-fatf-s-grey-list-?inheritRedirect=false&redirect=https%3A%2F%2Fwww.coe.int%2Fen%2Fweb%2Fmoneyval%2Fhome%2Fnewsroom%3Fp_p_id%3D101_INSTANCE_zTE3FjHi4YJ7%26p_p_lifecycle%3D0%26p_p_state%3Dnormal%26p_p_mode%3Dview%26p_p_col_id%3Dcolumn-4%26p_p_col_count%3D1

Russia’s Federation Council passes package of laws on extension of capital amnesty

Earlier, President Vladimir Putin proposed extending capital amnesty for at least a year, but only for those who transfer funds to Russia and register business in special administrative zones.

Russia’s Federation Council (upper house of parliament) passed the package of laws on the third stage of capital amnesty submitted by the government at a meeting on Wednesday. The laws contain amendments to Russia’s Tax Code and the Code of Administrative Offences.

“The law has been drafted to implement Russian President’s instruction dated February 23, 2019 on extension of ‘capital amnesty’. It is aimed at creating favorable environment for the transfer of assets to the Russian jurisdiction,” according to an explanatory note.

As part of the third stage of the amnesty, individuals will be able to declare their assets and bank accounts from June 1, 2019 to February 29, 2020 retaining all their guarantees in exchange for repatriation of funds and state registration of foreign companies they control in special zones in Russia’s Kaliningrad Region and Primorsky Region.

The amendments to the Code on Administrative Offenses and the Criminal Code provide that capital amnesty participants will not be prosecuted in Russia for violations, if those violations were committed before January 1, 2019 (earlier – before January 1, 2018).

The amendments to the Tax Code imply that a capital amnesty participant will be freed from personal income tax, which is imposed on the profit of a foreign company under his or her control, provided that the taxpayer was not recognized as a tax resident of the Russian Federation for the tax period 2018 year.

The adoption of laws is aimed at creating favorable conditions for the transfer of assets to the Russian jurisdiction.

Earlier, Russian President Vladimir Putin proposed extending capital amnesty for at least a year, but only for those who transfer funds to the Russian Federation and register a business in special administrative zones.

Capital amnesty implies legalization of Russians’ foreign assets. The first stage of the amnesty took place from July 1, 2015 to June 30, 2016, when tax authorities collected about 7,200 declarations of foreign property and assets of Russians. The second stage started on March 1, 2018 and ended on February 28, 2019. During the second stage, assets worth more than 10 bln euro were declared.

Source: https://tass.com/society/1059489

G20 agrees to wrap up Big Tech tax rules by 2020

Group of 20 finance ministers agreed on Sunday to compile common rules to close loopholes used by global tech giants such as Facebook to reduce their corporate taxes, a final communique issued by the bloc showed on Sunday, June 09, 2019.

Facebook, Google, Amazon and other large technology companies face criticism for reducing their tax bills by booking profits in low-tax countries regardless of the location of the end customer. Such practices are seen by many as unfair.

The new rules would mean higher tax burdens for large multinational companies but would also make it harder for countries such as Ireland to attract foreign direct investment with the promise of ultra-low corporate tax rates.

“At the moment we have two pillars and I feel we need both pillars at the same time for this to work,” Japanese Finance Minister Taro Aso, who chaired the G20 meetings, told reporters.

“The proposals are still a little vague, but they are gradually taking shape.”

Britain and France have been among the most vocal proponents of proposals to make it more difficult to shift profits to low-tax jurisdictions, with a minimum corporate tax also in the mix.

This has put the two countries at loggerheads with the United States, which has expressed concern that U.S. internet companies are being unfairly targeted in a broad push to update the global corporate tax code.

Big internet companies say they follow tax rules, but they pay little tax in Europe, typically by channeling sales via countries such as Ireland and Luxembourg, which have light-touch tax regimes.

“We welcome the recent progress on addressing the tax challenges arising from digitization and endorse the ambitious program that consists of a two-pillar approach,” Sunday’s G20 communique said.

“We will redouble our efforts for a consensus-based solution with a final report by 2020.”

The G20’s “two pillars” could deliver a double whammy to some companies.

The first pillar is a plan to divide up the rights to tax a company where its goods or services are sold, even if it does not have a physical presence in that country.

If companies are still able to find a way to book profits in low-tax havens, countries could then apply a global minimum tax rate to be agreed under the second pillar.

“I see a high degree of willingness to work together on this issue that few could have anticipated a year ago,” said Pierre Moscovici, the European Union Commissioner for Economic Affairs.

“We truly believe that the tech giants, which are not only the GAFA, must pay their fair share of tax where they create value and profits.”

GAFA is an acronym commonly used to refer to Google, Amazon, Facebook and Apple when talking about the influence of large technology companies.

Source: https://www.reuters.com/article/us-g20-japan-tax/g20-agrees-to-wrap-up-big-tech-tax-rules-by-2020-idUSKCN1TA05F

What is the Europe’s Worst-Kept Banking Secret?

The dirty money scandals pouring out of Europe may seem like déjà vu. A crackdown on illicit cash made a big splash in the first half of this decade: HSBC Holdings Plc was fined $1.9 billion in 2012 for handling funds from drug traffickers, terror groups, and Washington-sanctioned nations such as Iran; in 2014, BNP Paribas SA had to pay almost $9 billion for dealing with Iran and other countries deemed pariahs by the U.S., such as Cuba and Sudan; and in 2015, Commerzbank AG had to hand over $1.45 billion in fines to U.S. regulators for processing transactions with some of those same countries. It’s practically taken for granted that there’s always someone somewhere trying to make ill-gotten wealth look innocent by sneaking it through legitimate companies and banks. So why should it be such a shock that a bunch of Nordic banks appear to have been caught handling suspicious Russian money?

Russians hold about $1 trillion outside their home country, according to both Bloomberg Economics and a 2017 study by economists Filip Novokmet, Thomas Piketty, and Gabriel Zucman that cited the U.K., Switzerland, and Cyprus among centers of funds. It’s such an open secret that until the current revelations, relatively few Europeans seemed perturbed by that money coursing through their financial systems and real estate markets. Certainly not enough to push for real reform—although its impact was obvious in rental costs and restaurant prices in London neighborhoods such as Knightsbridge and Mayfair.

For most of Russia’s post-communist history, that salting away of the country’s treasure, ill-gotten or not, has been considered a problem for Moscow and a boon for the West, which received cash that revived also-ran soccer teams such as Chelsea Football Club and boosted real estate demand in London, New York, and Monte Carlo. The U.K. showed its indifference to the effects of Russian money as recently as November 2017, when it allowed Oleg Deripaska—since sanctioned by the U.S. for having acted on behalf of a senior Russian government official—to raise $1.5 billion by listing an energy and aluminum company he controlled on the London Stock Exchange.

Then, on March 4, 2018, former Russian spy Sergei Skripal and his daughter, Yulia, were rushed to a hospital after collapsing on a park bench near a shopping mall in the sleepy English cathedral city of Salisbury. That attack, using a military-grade nerve agent carried into the U.K. in a counterfeit perfume bottle, failed to kill the two targets. It did, however, kill Dawn Sturgess, whose boyfriend had found the bottle and presented it to her as a gift. The incident led to more than 100 Russian diplomats being expelled from Europe and the U.S., charges against the two alleged Russian intelligence operatives who attempted the assassination, and a surreal interview on Russian television in which the two claimed they were simply tourists.

The botched effort to kill Skripal and his daughter turned out to be more effective in souring Europeans on Russian money and stoking anger against the banks that enable its flow. “With Russia’s strategy regarding the West, this has gone beyond banking supervision and has become a security issue,” says Nicolas Véron, a senior fellow at Bruegel, an economic think tank in Brussels. The brazenness with which the act was carried out and the indifference to the lives of bystanders convinced many in Britain and elsewhere in Europe that Russia’s actions were potentially dangerous to them.

That was the subtext in September 2018, when across the North Sea another bombshell revealed the scope of suspicious money flowing through Denmark’s Danske Bank AS—much of it linked to Russia. In late February 2019, Sweden’s Swedbank AB was implicated in the flow as well. The underlying fears raised by the Skripal assault and the scale of funds moving through European banks have pushed the issue beyond the narrow world of financial compliance and regulation. The way the Russians favored the Baltics, whose financial system is dominated by Scandinavian banks, linked those funds to a region known as among the least corrupt.

Danske Bank minimized the problem at first, but reported in September it had moved about $230 billion, much of it suspicious, through its Estonia unit. Since then a picture has emerged of a string of Nordic banks, including Swedbank and Finland’s Nordea Bank Abp, whose Baltic units were used as channels by Russians eager to move their money into the West. Some of those transfers have been connected to funds tracked by Sergei Magnitsky, who died in a Russian prison in 2009 after exposing massive tax fraud by officials; other funds to Igor Putin, a cousin of Russian President Vladimir Putin who’s been a board member at Russian banks later found to have siphoned off investors’ assets or to have moved funds illegally out of the country.

(Swedbank acknowledged in February it had handled questionable transactions and has hired an outside firm to investigate; Nordea Chief Risk Officer Julie Galbo said this month that many of the allegations against the bank were already known and it is trying to establish if any were new. If so, they would be reported to the authorities.)

Magnitsky’s former employer, the U.S.-born British financier Bill Browder, has worked for a decade to hunt down the funds from the $230 million tax scheme, persuading the U.S. to pass a law going after the officials involved in the fraud and in Magnitsky’s death. He’s also been pushing banks, regulators, and courts in Europe to crack down on what he sees as questionable funds. “Our investigation continues to lead to new evidence and new information and new suspicious transactions,” Browder said in a March 7 interview on Bloomberg Television.

While some of the funds that moved through the Nordic banks have been linked to money transferred from Russia, Moldova, and Azerbaijan, it remains unknown where much of the cash originated or who’s behind most of the transactions. But it’s clear the money didn’t remain in the Baltic states. “Those moneys didn’t go from Danske into the Baltic Sea, but they went from Danske into some other European bank,” says Krisjanis Karins, Latvia’s prime minister.

Germany’s Deutsche Bank AG said in January it had started a broad internal probe into its own actions as the main bank that handled dollar transactions on behalf of Danske’s Estonia unit, a role known as correspondent banking. Deutsche Bank has repeatedly said it’s yet to find evidence of wrongdoing on its part. The U.S. Federal Reserve is also examining Deutsche Bank’s role in the affair, as is German financial supervisor BaFin. “There’s a new sense of awareness among banks, supervisors, and the general public following the cases of money laundering that we’ve seen in Europe,” says Thorsten Poetzsch, who oversees money laundering prevention at BaFin. He declined to discuss any specific institutions. “The banks realize that money laundering isn’t just a question of cost, but that it can threaten their very existence.”

European authorities have generally been slower to act on allegations of Russian money laundering than their U.S. counterparts. The U.S. Treasury blindsided Latvia and the European Central Bank in February 2018 when it named ABLV Bank as a primary money laundering concern over allegedly corrupt funds flowing through it from Russia and Ukraine, as well as for links to North Korea’s weapons program.

Even before the Skripal attack and the extent of the Danske scandal was known, the U.S. had been pushing Europe to do more. Forcing ABLV, Latvia’s third-biggest bank, out of business was an overt example of that, according to a U.S. official who focuses on money laundering. He says Latvia has since changed its policies. Karins, who became Latvia’s prime minister in January, has pledged to tighten regulation and demand proof of the origin of cash in the financial system. He’s less confident that the rest of Europe would follow suit.

Lithuania has been trying to drum up U.S. support. Last June a team of Lithuanian central bank officials visited counterparts at the Federal Reserve and the Treasury Department to explain how the country’s banking business was different from those of the other two Baltic states. “We are not naive,” Lithuanian Central Bank Governor Vitas Vasiliauskas told reporters on March 8. “Large amounts of money [entered] the Baltic banking market—and some really large amounts were identified in the Danske case.” He added that it would be unrealistic to believe that no suspicious funds transited through accounts in his country.

Estonia kicked out Danske in February. The bank responded by announcing its withdrawal from the entire Baltic region as well as from Russia. Kilvar Kessler, chairman of Estonia’s Financial Supervision Authority (FSA), said this month that authorities in his country are doing everything in their power to clean up and have been doing so for half a decade. “We need a collective response, because it’s an issue of reputation for the jurisdictions,” Vasiliauskas added.

Traditionally, Scandinavia’s reputation for being clean has been one of its calling cards. Transparency International’s corruption perceptions index lists Denmark, Finland, Norway, and Sweden among its top seven least corrupt countries. However, the index doesn’t measure money laundering. The Financial Action Task Force, an intergovernmental body set up to fight money laundering and terror financing, gave the countries only middling ratings. (The U.S. received top marks in multiple areas.) And in 2017 the task force published a scathing analysis of Denmark’s anti-money-laundering framework, harshly criticizing its ability to prevent such crimes. Jesper Berg, director general of Denmark’s FSA, said last September that he’d made it his goal never to get such a bad report again.

So why does money slip through the cracks in Europe? That’s because while funds are allowed to flow freely among banks and across borders, European rules against dirty money are implemented unevenly across the bloc and efforts to clamp down on illicit cash have largely been national affairs. Europe’s banking rules were designed to protect taxpayers from having to bail out banks, not to prevent illegal flows.

That will be difficult to change. The European Commission, which functions as the executive branch of the EU, has proposed giving more authority to the European Banking Authority, allowing it to request national investigations. But extra staffing at this point is budgeted at just 12 people, a very limited number compared with the size of the task, according to José Manuel Campa, who’s slated to take over the agency this year. Furthermore, some government officials have resisted efforts to create a centralized European enforcement authority. Given the surge in populist parties, it would be difficult to win approval for an EU-level enforcement agency that could order raids on banks or seize people’s accounts. “This is about criminal activity, their own jurisdictions, their own police forces, and that is not a joint EU undertaking today,” says Erik Thedeen, head of Sweden’s FSA. “I’m a little bit skeptical about saying that everything should go central.” On March 8 at a Stockholm conference on Europe’s banking union, Berg, the Danish regulator, said coordinating financial intelligence units, police, and prosecutors with a European agency would be a challenge.

The attack on Skripal and his daughter has had the most significant impact in the U.K. While several efforts to clamp down on London’s role as a hub of dirty funds were already under way, the impact of the assassination attempt, with its use of a chemical weapon, was palpable. “The Salisbury attack has made it clear that there are grave national security risks coming from Russia, and money laundering is intimately tied up with that,” Browder says.

Just before the incident, the U.K. had imposed its first so-called unexplained wealth order, which, with other tools, allows the government to seize property when the owner can’t identify a legitimate source of the funds used for buying it. The British mood toward Russia darkened dramatically after the attack, and the U.K. took a series of actions against the country, including expelling 23 diplomats. It also chose not to renew the visa of Russian billionaire Roman Abramovich, who owns Chelsea Football Club, prompting him to move to Israel.

Europe has been embarrassed by the policing so many of its banks have gotten at the hands of the U.S. and has started to change rules and the size of fines for misconduct. A French court last month imposed a $5.1 billion penalty, the biggest ever levied in the country, on Switzerland’s UBS Group for helping clients launder hidden assets. UBS has appealed the ruling. In Germany, BaFin took the unprecedented step in September of appointing a monitor to oversee Deutsche Bank’s efforts to improve money laundering and terrorism financing controls. In November, 170 law enforcement officials raided the bank’s headquarters in Frankfurt looking for information on suspected money laundering and the Panama Papers, a series of articles in 2016 based on leaked emails from a law firm detailing shell companies it set up for clients. According to the U.S. official involved in money laundering enforcement, Germany and France are committed to fighting the practice. As long as that’s the case, he says, the rest of Europe will follow.

But even in the U.K., change has been patchy. In early December the Home Office announced that it would suspend investor visas for the rich, closing a route to permanent residency and British citizenship that was popular with Russian oligarchs and wealthy Chinese. Less than a week later, it put that decision on hold. On March 7, the U.K. said it was tightening rules on the visas, requiring applicants to prove that they have had control of the required funds for at least two years or provide evidence of their source. It’s easy for bankers, regulators, and politicians to talk about cracking down on illicit funds. Keeping that resolve is much harder.

Source: https://www.bloomberg.com/news/features/2019-03-14/huge-pools-of-dirty-money-are-europe-s-worst-kept-banking-secret

Swedbank Hit by Criminal Probe in Growing Laundering Crackdown. What is the future of Nordic and Baltic banking?

Efforts to fight money laundering across the Nordic and Baltic states took a more aggressive turn on Friday.

Estonia’s state prosecutor is expanding an investigation into Danske Bank A/S to include Swedbank AB of Sweden. Meanwhile, the accounting firms Ernst & Young and KPMG were both reported to the police in Denmark amid allegations they failed to respond to red flags tied to possible money laundering.

The development comes as officials across both regions struggle to reset their public image against a backdrop of spiraling dirty-money scandals in their backyards. A picture has formed in which criminals from the former Soviet Union often sought out the Baltic units of Nordic banks to channel their funds into the West.

Since it was revealed last year, Danske’s $230 billion Estonian laundering saga has exploded to engulf multiple other firms. Swedbank, which from its base in Stockholm dominates the financial markets of the Baltics, is the latest bank to find itself the target of probes which investors fear will lead to hefty fines.

Estonia’s state prosecutor may decide to open a separate investigation into Swedbank, depending on what it finds through the current probe, according to spokeswoman Olja Kivistik.

A $1 Trillion Problem

The prosecutor based its decision on information in a criminal complaint from Hermitage Capital Management co-founder Bill Browder. The financier, who’s made a career of chasing money launderers, says that roughly $1 trillion in questionable Russian funds is either already inside the European Union, or trying to get in, much of it via the Baltic region.

The investigations “probably should be tied together because some of the money flowed from Danske Bank to Swedbank,” Browder said. “Many of the banks in Estonia were sending money to one another, and so it’s quite logical to combine these cases.”

Swedbank, which is Sweden’s oldest lender, had long tried to play down allegations against it. But it was forced to backtrack earlier this year after Sweden’s main broadcaster, SVT, published a series of bombshell allegations, including claims that Swedbank may have handled more than $100 billion in suspicious flows between 2010 and 2016 alone.

Swedbank has since fired its chief executive officer, Birgitte Bonnesen, and parted ways with the chairman who had backed her, Lars Idermark. But investors have signaled those measures might not be enough.

Misleading Statements

Meanwhile, a separate probe by the Swedish Economic Crime Authority is under way amid concerns Swedbank may have misled the public. The lender is also accused of misleading the Department of Financial Services in New York, which has started its own investigation.

In an email on Friday, Swedbank’s head of communications, Gabriel Francke Rodau, said that the bank “cooperates with all relevant authorities. And we have no further comments at this point of time.” The bank is due to publish its first-quarter results on April 25.

After money laundering allegations against Swedbank first surfaced in Swedish media in February, the bank’s share price dropped about 30 percent through late March.

Sweden’s prosecutor has said it won’t pursue a criminal complaint by Browder, citing a statute of limitations, a decision that the London-based investor has appealed.

“The Swedbank case deserves very serious attention from law enforcement in the Baltics and in Sweden,” he said.

Toughest in Europe

In Denmark, Business Minister Rasmus Jarlov is going out of his way to push some of Europe’s toughest anti-money laundering laws. Lawmakers agreed last month to rules that would ban an accounting firm from doing business if it doesn’t do its job properly. Denmark has also empowered its financial regulator, giving it the freedom to impose fines as high as $4.5 billion without going via the courts.

Ernst & Young is being investigated for its audit of Danske’s accounts in 2014. KPMG is on the hook for its 2017 audit of Kobenhavns Andelskasse, a local bank that was shut down last year amid concerns it was systematically used for money laundering.

Source: https://www.bloomberg.com/news/articles/2019-04-12/estonia-expands-danske-bank-criminal-probe-to-include-swedbank

EU to broaden tax haven blacklist, weighs UAE, Bermuda listing

The measure comes more than one year after the bloc decided to blacklist jurisdictions that are non-cooperative on tax matters and to monitor countries that commit to change their tax rules to comply with EU standards.

In a meeting on Wednesday, EU envoys are set to agree on the new list which will then be formally adopted by EU finance ministers in a meeting on March 12.

The existing list includes only five jurisdictions: Samoa, Trinidad and Tobago and the three United States’ territories of American Samoa, Guam, and the US Virgin Islands.

The new draft list has been broadened to 15 jurisdictions, including the UAE, Oman, the British territory of Bermuda, and other Caribbean and Pacific islands, the official said.

However, EU states are still considering whether Bermuda and the UAE will be added, the official said.

The measure comes after EU states moved to block the adoption of another blacklist of countries that show deficiencies in countering money laundering and terrorism financing. That list included Saudi Arabia, Panama and the three U.S. territories already on the tax haven blacklist.

Tax Evasion

Jurisdictions are added to the tax haven blacklist if they have shortfalls in their tax rules that could favor tax evasion. They are removed from the blacklist if they commit to reforms.

Sixty-two jurisdictions around the world have committed to abiding by the tax standards set by Brussels. Most of them were required to overhaul their rules by December or February.

Bermuda and the UAE have not complied by the set deadlines, but EU states are assessing whether their delays could be warranted.

The 28 EU member states have not been screened as they already fulfill the criteria, the European Commission said. But tax campaigners and EU lawmakers have accused some of them of acting as tax havens.

The EU Parliament’s committee on financial crime said in a report adopted last week that Luxembourg, Belgium, Cyprus, Hungary, Ireland, Malta and the Netherlands “display traits of a tax haven and facilitate aggressive tax planning”.

The EU blacklist was set up in December 2017 after revelations of widespread tax avoidance schemes used by corporations and wealthy individuals to lower their tax bills. It originally included 17 jurisdictions.

Blacklisted jurisdictions could face reputational damage and stricter controls on their financial transactions with the EU, although no sanctions have yet been agreed by member states.

 

Source: https://uk.reuters.com/

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