‘Bermuda ahead of other jurisdictions’
The president of Bermuda Bar Association said yesterday that ensuring clients complied with tax obligations in their home countries was “probably not a matter” for the island’s corporate lawyers.
In the wake of the massive Panama Papers data leak, Richard Horseman told The Royal Gazette that Bermuda had strict “know-your-customer” and due diligence regulations to avoid shell companies being set up here or money being illegally funnelled through the island.
Pointing out that he was a litigation lawyer and no expert on corporate law, he said that though corporate lawyers here would certainly be involved in setting up trusts for clients, including some in other countries, it did not mean they were aiding tax evasion.
“Legally, you can avoid tax,” he said. “It is whether you are evading or avoiding that’s the question. Bermuda is probably not a great jurisdiction to set up and move that kind of money.”
The leak of 11.5 million files from Panamanian law firm Mossack Fonseca has prompted debate around the world about how the rich and famous hide their money and the ethics of moving it to offshore jurisdictions.
The documents show how the law firm set up some 200,000 offshore companies, with more than half registered in the British Virgin Islands and another 3,200 in British Anguilla.
Bermuda has not featured in the leak but overseas media reports have depicted it as a tax haven, a notion strongly rejected on Tuesday by finance minister Bob Richards and the Bermuda Business Development Agency.
Companies have used Bermuda to avoid paying taxes elsewhere including, famously, Google, which has been criticised for profiting hugely from the practice.
Mr Horseman said there was no doubt trusts had been set up here for estate protection but insisted the island was “really ahead of a lot of other jurisdictions” in terms of financial transparency, citing its tax treaties with scores of other countries and its compliance with international standards. He said: “The lawyers in Bermuda will practise Bermuda law. They’ll have to make sure everything complies with the local laws. Whether that offends overseas laws is probably not a matter for local lawyers. In fact, it’s unlawful for Bermuda lawyers to advise on outside jurisdictional laws.”
Asked if the Bar Association should be involved in regulating corporate lawyers in relation to the setting up of trusts and tax-avoidance practices, he said: “We would only regulate professional conduct if there were complaints of misconduct.
“We are not in the business of regulating what business lawyers enter into ... but obviously they are supposed to comply with the law.”
The Cayman Islands insisted last night it was “not a secrecy jurisdiction” in the wake of the massive Panama Papers leak.
The head of Cayman Finance — an umbrella organisation for the Caribbean country’s financial services sector — said that though Cayman was not mentioned in the documents it was important to highlight its “clear and strong commitment to transparency”.
CEO Jude Scott said: “Cayman is not a secrecy jurisdiction. The Cayman Islands is a global financial hub that efficiently connects law-abiding users and providers of capital and financing around the world — benefiting both developed and developing countries.
“The Cayman Islands benefits onshore jurisdictions by enabling them to be competitive in international trade and in facilitating effective inward investment to help grow those economies.”
Mr Scott said the Cayman Islands’ financial services industry played a leadership role on international regulatory issues and setting global standards to fight financial crime.
“Financial crime is a serious global problem that requires a unified legal, social and law enforcement response,” he said. “One of the best weapons against illegal activities and tax evasion is effective transparency and cross border co-operation. This is where the Cayman Islands has a proven track record.”
He added that Cayman — a British Overseas Territory, like Bermuda — had a robust regime for regulation and cross-border co-operation, which surpassed many of the world’s top international financial centres, and said it stuck to, and in some cases exceeded, international regulatory standards. “Cayman’s current corporate services provider-verified beneficial ownership system is world class in providing for due diligence know-your-customer checks and is superior to the UK’s proposed non-verified, self-reporting public registers,” Mr Scott said.
“When issues arise, as they do in every jurisdiction, Cayman consistently engages in a proactive and collaborative manner to ensure an appropriate international outcome is reached.”