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 Print double-sided www.cid.org.nz | info@cid.org.nz | (04)
4969615
Illicit Financial Flows and their impact in developing nations
Introduction
The December 2013 report from Global Financial Integrity
(GFI) found that developing countries lost US$947 billion in
illicit financial flows in 2011, with a total loss of US$5.9
trillion in the decade from 2002 to 2011. The rate of
increase per year of illicit financial flows far surpasses GDP
growth and far outstrips aid received. Overall this loss in
vital funds significantly impacts on development
opportunities in the global south.
What are illicit financial flows?
Illicit financial flows are often defined as the transfer of
illegally earned assets or the hiding of legally earned assets
to facilitate illegal tax evasion. The Eurodad report ‘Giving
with one hand and taking with the other: Europe's role
in tax- related capital flight’ expanded upon common
definitions to include aggressive tax planning or tax
avoidance. The report explains tax avoidance is a
“technically legal activity that results in the minimisation
of tax payments” and significantly contributes to the
volume of illicit financial flows.
Illicit financial flows take many forms and circulate through
a global maze in which ownership is obscured and profits,
assets, and tax authorities become lost. Three common
examples are
Transfer mispricing – This is used by large corporations to
reduce their tax bill by trading between two related
companies. Goods are exported under one invoice which is
redirected to a tax haven. The price is then altered on the
invoice and sent to the
importing country for payment.
This process shifts profits out of
developing countries and
reduces the tax received by
governments though either
import-overpricing or export-
underpricing.
Sourced from www.UNDP.org
Round-tripping – This is the practice whereby, profits
located overseas return to their country of origin disguised
as foreign-direct-investment. By obscuring ownership and
origin companies are able to harvest the favourable tax
breaks offered to foreign direct investors.
Hidden ownership – The complex architecture that allows
for round-tripping is made up of shell companies,
foundations and trusts with nominal beneficiaries that
operate to exploit tax loop-holes by concealing who the
actual owners are. Profits directed through tax havens can
then be disguised or laundered and returned to their owner
as profits legitimately earned.
Illicit financial flows and their impact on developing
nations
Illicit financial flows have a substantial impact on
developing nations. They reduce tax revenue for the
provision of public services such as health, education and
social services. Illicit financial flows also reduce foreign
exchange resources thereby inhibiting growth and the
ability of nations to invest in infrastructure and businesses.
Additionally, as those who benefit from illicit financial flows
grow wealthier they are able to exercise greater influence
over the polity within the states they operate. This can
curtail the ability of governments to pass transformative
policies.
Illicit financial outflows drain hard currency reserves,
heighten inflation, reduce tax collection, cancel investment,
undermine trade, worsen poverty, and widen income gaps.
The illicit financial flow cycle prevents states and citizens
from effectively supporting their own development
International policy and illicit financial flows
Illicit financial flows have come under the spotlight
recently, following high-profile controversies and growing
Illicit Financial Flows Percentage
Corruption 3
Criminal activities 30-35
Commercial transactions by multinationals 60-65
Fact Sheet 14
March 2014
“In the UK, an unknown person was revealed as official
director of more than 1,200 companies – a number so
high it immediately created suspicion and debate about
ownership manipulation of shell companies and money
laundering.”
2
According to ODI’s
Kevin Watkins,
“transfer mispricing
costs developing
countries US$550
billion annually.”
1
 Print double-sided www.cid.org.nz | info@cid.org.nz | (04)
4969615
awareness of their negative consequences for developing
nations. In 2013 the United Nations High Level Panel Report
stated in their vision:
“Perhaps the most important transformative shift
is towards a new spirit of solidarity, cooperation,
and mutual accountability that must underpin the
post-2015 agenda… It is time for the international
community to go beyond an aid agenda and put its
own house in order: to implement a swift reduction
in corruption, illicit financial flows, money-
laundering, tax evasion, and hidden ownership of
assets.”
UN High Level Panel on Post-2015
Stemming the movement of illicit financial flows has also
been identified as a priority by the OECD and the G20
forum. In late 2013, G20 leaders announced plans to begin
the automatic exchange of tax information among G20
members by the end of 2015 and encouraged all countries
to join the Convention on Mutual Administrative Assistance
on Tax Matters “without further delay”
3
Future steps and solutions
Several complimentary solutions have been proposed that
would close systemic loopholes and restrict the ability of
individuals and companies to exploit tax structures around
the world. Four of the major ideas under discussion in the
international policy arena are:
Automatic exchange of information – Involves the
systematic and periodic transmission of taxpayer
information across countries. This would improve the
current system of exchange that relies on individual
information requests between jurisdictions.
Beneficial ownership – Requires businesses to reveal who
actually owns and controls a company i.e. - who ‘benefits’.
A publically available record would limit the use of
nominee owners to conceal ownership and mask benefits
through shell companies and trusts.
Country-by-country reporting – Is an accounting standard
requiring companies to publish their financial reports
separately for each country in which they operate. Current
rules that permit multinational companies to report these
details as a single aggregate (global or regional) figure
prevent monitoring of where their activities are taking
place.
The arms-length principle – Aims to reduce transfer
mispricing. By invoking this principle companies confirm
that the amount charged between related companies is the
same as it would be were the companies not related. The
price of the transaction is the same as it would be on the
open market.
Together these measures would help curb illicit financial
flows. However, illicit practices are largely entrenched
within the global financial system. Whether proposed
solutions are sufficiently adopted by nations around the
world remains to be seen. Nevertheless, if political support
for robust changes continues to grow and technological
innovations are available to strengthen any regulation, we
may make real gains in the fight against illicit financial
flows.
References:
1. Watkins, K. (2013, June 4) Delivery is the G8 yardstick.
2. Eurodad (2013) Giving with one hand and taking with the other -
Europe's role in tax-related capital flight from developing countries
3. OECD (2013) Convention on Mutual Administrative Assistance in Tax
Matters
4. Tax Justice Network (2008) Addressing development’s black hole:
regulating capital flight
(Researched and written by Kelly Agassiz for CID)
Tax havens: the linchpin of the global
network
The term tax haven conjures images of tropical
islands but ‘secrecy jurisdiction’ is a more apt term as
secrecy is the service provided.
“By providing high secrecy, tax havens are the
privileged destination of money from crime, the drugs
trade and corruption. But this is just the tip of the
iceberg. A much bigger share of activities taking place
in tax havens are the result of legal operators.
Transnational corporations commonly use tax havens
in order to escape tax burdens and regulation as well
as to disguise their accounts and indebtedness levels.
Big international banks and insurance companies
have subsidiary companies registered in tax havens
and most of the hedge funds and private equity funds
are registered in tax havens.”
4
Recommended Resources
 Tax Justice Network
 Eurodad
 Report: Secret structures, hidden crimes:
Urgent steps to address hidden ownership,
money laundering and tax evasion from
developing countries
 Global Financial Integrity

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Illicit financial flows and their impact in developing nations

  • 1.  Print double-sided www.cid.org.nz | info@cid.org.nz | (04) 4969615 Illicit Financial Flows and their impact in developing nations Introduction The December 2013 report from Global Financial Integrity (GFI) found that developing countries lost US$947 billion in illicit financial flows in 2011, with a total loss of US$5.9 trillion in the decade from 2002 to 2011. The rate of increase per year of illicit financial flows far surpasses GDP growth and far outstrips aid received. Overall this loss in vital funds significantly impacts on development opportunities in the global south. What are illicit financial flows? Illicit financial flows are often defined as the transfer of illegally earned assets or the hiding of legally earned assets to facilitate illegal tax evasion. The Eurodad report ‘Giving with one hand and taking with the other: Europe's role in tax- related capital flight’ expanded upon common definitions to include aggressive tax planning or tax avoidance. The report explains tax avoidance is a “technically legal activity that results in the minimisation of tax payments” and significantly contributes to the volume of illicit financial flows. Illicit financial flows take many forms and circulate through a global maze in which ownership is obscured and profits, assets, and tax authorities become lost. Three common examples are Transfer mispricing – This is used by large corporations to reduce their tax bill by trading between two related companies. Goods are exported under one invoice which is redirected to a tax haven. The price is then altered on the invoice and sent to the importing country for payment. This process shifts profits out of developing countries and reduces the tax received by governments though either import-overpricing or export- underpricing. Sourced from www.UNDP.org Round-tripping – This is the practice whereby, profits located overseas return to their country of origin disguised as foreign-direct-investment. By obscuring ownership and origin companies are able to harvest the favourable tax breaks offered to foreign direct investors. Hidden ownership – The complex architecture that allows for round-tripping is made up of shell companies, foundations and trusts with nominal beneficiaries that operate to exploit tax loop-holes by concealing who the actual owners are. Profits directed through tax havens can then be disguised or laundered and returned to their owner as profits legitimately earned. Illicit financial flows and their impact on developing nations Illicit financial flows have a substantial impact on developing nations. They reduce tax revenue for the provision of public services such as health, education and social services. Illicit financial flows also reduce foreign exchange resources thereby inhibiting growth and the ability of nations to invest in infrastructure and businesses. Additionally, as those who benefit from illicit financial flows grow wealthier they are able to exercise greater influence over the polity within the states they operate. This can curtail the ability of governments to pass transformative policies. Illicit financial outflows drain hard currency reserves, heighten inflation, reduce tax collection, cancel investment, undermine trade, worsen poverty, and widen income gaps. The illicit financial flow cycle prevents states and citizens from effectively supporting their own development International policy and illicit financial flows Illicit financial flows have come under the spotlight recently, following high-profile controversies and growing Illicit Financial Flows Percentage Corruption 3 Criminal activities 30-35 Commercial transactions by multinationals 60-65 Fact Sheet 14 March 2014 “In the UK, an unknown person was revealed as official director of more than 1,200 companies – a number so high it immediately created suspicion and debate about ownership manipulation of shell companies and money laundering.” 2 According to ODI’s Kevin Watkins, “transfer mispricing costs developing countries US$550 billion annually.” 1
  • 2.  Print double-sided www.cid.org.nz | info@cid.org.nz | (04) 4969615 awareness of their negative consequences for developing nations. In 2013 the United Nations High Level Panel Report stated in their vision: “Perhaps the most important transformative shift is towards a new spirit of solidarity, cooperation, and mutual accountability that must underpin the post-2015 agenda… It is time for the international community to go beyond an aid agenda and put its own house in order: to implement a swift reduction in corruption, illicit financial flows, money- laundering, tax evasion, and hidden ownership of assets.” UN High Level Panel on Post-2015 Stemming the movement of illicit financial flows has also been identified as a priority by the OECD and the G20 forum. In late 2013, G20 leaders announced plans to begin the automatic exchange of tax information among G20 members by the end of 2015 and encouraged all countries to join the Convention on Mutual Administrative Assistance on Tax Matters “without further delay” 3 Future steps and solutions Several complimentary solutions have been proposed that would close systemic loopholes and restrict the ability of individuals and companies to exploit tax structures around the world. Four of the major ideas under discussion in the international policy arena are: Automatic exchange of information – Involves the systematic and periodic transmission of taxpayer information across countries. This would improve the current system of exchange that relies on individual information requests between jurisdictions. Beneficial ownership – Requires businesses to reveal who actually owns and controls a company i.e. - who ‘benefits’. A publically available record would limit the use of nominee owners to conceal ownership and mask benefits through shell companies and trusts. Country-by-country reporting – Is an accounting standard requiring companies to publish their financial reports separately for each country in which they operate. Current rules that permit multinational companies to report these details as a single aggregate (global or regional) figure prevent monitoring of where their activities are taking place. The arms-length principle – Aims to reduce transfer mispricing. By invoking this principle companies confirm that the amount charged between related companies is the same as it would be were the companies not related. The price of the transaction is the same as it would be on the open market. Together these measures would help curb illicit financial flows. However, illicit practices are largely entrenched within the global financial system. Whether proposed solutions are sufficiently adopted by nations around the world remains to be seen. Nevertheless, if political support for robust changes continues to grow and technological innovations are available to strengthen any regulation, we may make real gains in the fight against illicit financial flows. References: 1. Watkins, K. (2013, June 4) Delivery is the G8 yardstick. 2. Eurodad (2013) Giving with one hand and taking with the other - Europe's role in tax-related capital flight from developing countries 3. OECD (2013) Convention on Mutual Administrative Assistance in Tax Matters 4. Tax Justice Network (2008) Addressing development’s black hole: regulating capital flight (Researched and written by Kelly Agassiz for CID) Tax havens: the linchpin of the global network The term tax haven conjures images of tropical islands but ‘secrecy jurisdiction’ is a more apt term as secrecy is the service provided. “By providing high secrecy, tax havens are the privileged destination of money from crime, the drugs trade and corruption. But this is just the tip of the iceberg. A much bigger share of activities taking place in tax havens are the result of legal operators. Transnational corporations commonly use tax havens in order to escape tax burdens and regulation as well as to disguise their accounts and indebtedness levels. Big international banks and insurance companies have subsidiary companies registered in tax havens and most of the hedge funds and private equity funds are registered in tax havens.” 4 Recommended Resources  Tax Justice Network  Eurodad  Report: Secret structures, hidden crimes: Urgent steps to address hidden ownership, money laundering and tax evasion from developing countries  Global Financial Integrity