{"id":8566,"date":"2011-01-26T15:52:39","date_gmt":"2011-01-26T13:52:39","guid":{"rendered":"http:\/\/www.taxresearch.org.uk\/Blog\/?p=8566"},"modified":"2011-01-26T15:58:42","modified_gmt":"2011-01-26T13:58:42","slug":"guernsey-must-do-more-to-stop-money-laundering","status":"publish","type":"post","link":"https:\/\/www.taxresearch.org.uk\/Blog\/2011\/01\/26\/guernsey-must-do-more-to-stop-money-laundering\/","title":{"rendered":"Guernsey must do more to stop money laundering"},"content":{"rendered":"<p>I missed this on Monday <a href=\"http:\/\/www.telegraph.co.uk\/finance\/personalfinance\/offshorefinance\/8281148\/Guernsey-must-do-more-to-stop-money-laundering.html\">in the Telegraph<\/a> when too busy to notice whilst in Jersey:<\/p>\n<blockquote><p>In what was otherwise positive feedback from a 2010 International Monetary Fund inspection, the report cited a \"disconnect\" between the number of money laundering cases investigated and the number of prosecutions and resulting convictions.<\/p>\n<p>The report said: \"The law enforcement authorities are adequately resourced and trained and have a sufficient legal arsenal at their disposal to effectively conduct a money laundering investigation, but still the results are modest.&rdquo;<\/p>\n<p>The IMF warned that that this approach could lead to Guernsey becoming over reliant on foreign enforcement bodies to investigate cases within its own borders.<\/p>\n<p>The IMF also believed Guernsey could do more to identify what it called &ldquo;high risk customers&rdquo;, who should be subject to greater due diligence checks. Reliance on introducers such as UK lawyers and accountants to vet such customers was not enough, the report said.<\/p>\n<p>According to the IMF, financial institutions should also be subject to potentially greater fines from the local regulator, the GFSC. The current top level cap of \u00a3200,000 was not &ldquo;dissuasive or proportionate&rdquo; in terms of financial companies breaking local rules.<\/p><\/blockquote>\n<p>Let me add the bit I'll otherwise be criticised for omitting before commenting:<\/p>\n<blockquote><p>Nevertheless, it said Guernsey&rsquo;s legal framework provided a sound basis for an effective anti-money laundering and financial crime regime, with the majority of its problems being &ldquo;technical in nature.&rdquo;<\/p><\/blockquote>\n<p>And now let's say what this really means.<\/p>\n<p>First it means that, as I said in Jersey on Monday, the IMF is saying Guernsey has put all the right bits of paper in place, but has little inclination to use them.<\/p>\n<p>Second, it means those bits of paper are no real deterrent.<\/p>\n<p>Third, it means that the risk of money laundering remains real.<\/p>\n<p>Fourth, if the risk of money laundering is real the risk of tax evasion is even higher.<\/p>\n<p>Fifth, if insufficient checks on exposed people are not being done the risk of being involved in illicit flows from corrupt officials in developing countries is high - and as we know, those flows result in the deaths of children in those countries who are denied access to basic facilities as a result of them.<\/p>\n<p>Sixth, it means that all the claims to be well regulated are utterly hollow. The leopards have not changed their spots. They've just put on a nice overcoat to hide them. The reality is that the risks remain as real as ever - and the deliberate veil of secrecy that Guernsey and similar locations create ensures that we have no real idea what is happening in these places - but the IMF is saying whatever it is, the associated risks are high because there remains a willingness to turn a blind eye.<\/p>\n<p>What else can they mean?<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I missed this on Monday in the Telegraph when too busy to notice whilst in Jersey: In what was otherwise positive feedback from a 2010<br \/><a class=\"moretag\" href=\"https:\/\/www.taxresearch.org.uk\/Blog\/2011\/01\/26\/guernsey-must-do-more-to-stop-money-laundering\/\"><em> Read the full article&#8230;<\/em><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,1],"tags":[],"class_list":["post-8566","post","type-post","status-publish","format-standard","hentry","category-guernsey","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.taxresearch.org.uk\/Blog\/wp-json\/wp\/v2\/posts\/8566","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.taxresearch.org.uk\/Blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.taxresearch.org.uk\/Blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.taxresearch.org.uk\/Blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.taxresearch.org.uk\/Blog\/wp-json\/wp\/v2\/comments?post=8566"}],"version-history":[{"count":0,"href":"https:\/\/www.taxresearch.org.uk\/Blog\/wp-json\/wp\/v2\/posts\/8566\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.taxresearch.org.uk\/Blog\/wp-json\/wp\/v2\/media?parent=8566"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.taxresearch.org.uk\/Blog\/wp-json\/wp\/v2\/categories?post=8566"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.taxresearch.org.uk\/Blog\/wp-json\/wp\/v2\/tags?post=8566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}