
Faced with this overwhelming pressure, the BVI recently re-wrote their laws regarding IBCs. One of the casualties was the ability of IBCs to issue bearer shares. The BVI is only one of the U.K.’s overseas territories. The others—Anguilla, Bermuda, the Cayman Islands and the Turks & Caicos Islands—were subject to similar pressure from the U.K. Home Office. Closer to the United Kingdom itself are several jurisdictions with a different constitutional status than overseas territories, but still subject to substantial interference in their financial affairs by the U.K. government. These "Crown dependencies"—the Isle of Man, Jersey, Guernsey and Sark—have also been forced to dismantle many of their favorable laws designed to attract foreign capital. 2. Does the haven respect privacy? And is privacy built into its law? Under what circumstances can creditors or the government obtain information about your wealth, or even seize it? Financial privacy has gotten a bad reputation in recent years. The prevailing attitude is, "if you’re not committing a crime, why do you need privacy?" This attitude ignores the very real
need for privacy in a nation such as the United States where there exist
very few legislative protections for it. It is worth noting that a sue-happy
lawyer or identity thief, armed with nothing more sophisticated than a
personal computer, can in a few minutes unearth a great deal of financial
information about whatever U.S. assets you own as a prelude to plunder.
From the standpoint of the tradition
and legal basis for banking secrecy, the four countries that stand out
are Austria, Liechtenstein, Luxembourg and Switzerland.
Austria has strict bank secrecy laws calling for the prosecution of any bank employee who divulges any information on a client’s account, and its banking tradition is more than 200 hundred years old. Liechtenstein has some of the strongest bank secrecy laws in existence. Since Liechtenstein is one of the five richest countries in the world in per capita income and personal wealth, it is unlikely to be swayed away from privacy by promises or threats. Luxembourg is one of the fastest growing financial centers in the world and has seen a massive influx of capital in the last decade due to its liberal banking and tax laws. Although its secrecy laws only date back to the early 1980s, it has maintained a long tradition of banking confidentiality. Information will only be released to foreign governments if the depositor has been charged with a crime that is related to the account that is also a crime in Luxembourg. Switzerland has been economically
and politically stable for centuries, enjoys a low rate of inflation and
the Swiss franc is one of the strongest currencies in the world. It remains
the model from which all other financial centers are compared. Although
Switzerland has succumbed to the pressure of the U.S. government to loosen
its strict secrecy laws, for safe banking it still rates as one of the
top havens.
3. How long a tradition has the haven had? A country like Switzerland with centuries of traditional respect and protection of privacy, or like Luxembourg with decades of stability, are unlikely to change for transient reasons. The longer and stronger the traditions of law and privacy, and the more stable the economy, the better chance that those traditions will be continued. Political stability is a major consideration. During the last half of the 20th century, Hong Kong was a bastion of financial stability, growth and privacy. Hong Kong achieved this in spite of being a dependency of the United Kingdom. But when the U.K.’s lease on the territory ran out in 1997, control returned to China, casting a deep shadow of doubt about Hong Kong’s future as an asset haven, a fact underscored by the continued exodus of wealth from the country. 4. Do the citizens support the haven’s offshore status? In some havens, such as the Bahamas, the local citizens are not the primary beneficiaries of banking secrecy. Since taxes are low to non-existent and the local legal eagles have not evolved into predators, locals have little interest in privacy laws or bank secrecy. This contrasts with Switzerland, Austria and now Panama, where privacy laws and traditions affect a significant segment of the citizenry. 5. Is the haven important to your government? The United Arab Emirates, because it is a "friendly" nation in an unstable region, enjoys the favor of the U.S. government. Haven income is important to it and Washington won’t want to lean too hard on it over a "non-strategic" issue. Another example is Panama, with its strategically important canal linking the Atlantic and Pacific Oceans. The Cayman Islands, on the other hand, has little or no strategic value to Washington. 6. Does the haven wave a "red flag?" Public dealings with high-profile havens can raise a "red flag" in tax collector’s offices around the world. The Cayman Islands, Switzerland and Liechtenstein are examples. Panama, Austria and Luxembourg are another step below that level. Bermuda is lower still, though it doesn’t offer the secrecy the others do. 7. How efficient and convenient are the services? Are competent personnel available to serve your needs? How well do they speak English? How easy is it to visit the place? Nothing substitutes for personal contact with the people who are trusted with your assets. It’s best to visit your money periodically, and so much the better if it’s in a place that you enjoy visiting. 8. What taxes are levied on the haven’s users? The first requirement of a haven is to offer capital preservation. Nonetheless, to include a haven country which scores heavily in capital preservation but which also has high withholding, corporate, estate or other taxes, is to ignore an important consideration. As I’ve written in the book, Forbidden Knowledge, true financial security must include: the maximum possible tax avoidance allowed by law; the greatest possible financial privacy; the highest level of asset protection; and, access to the most profitable investments available. Sovereign individuals select haven
nations for placement of our assets according to the relative safety and
privacy such places guaranteed by law. Those who move all or a portion
of their assets offshore simply recognize reality, that governments in
the major nations are engaged in a systematic destruction of their citizens’
right to financial privacy. Sadly, we must look to foreign asset havens
for the sort of economic freedom once guaranteed by our homeland. The number
of safe havens is dwindling, but they still exist.
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