Money laundering in spotlight
in London how laws tackling the sticky issue of money laundering had been brought into force on the Island.
Alison Mackrill, an associate lawyer at the Bermuda law firm Appleby, Spurling and Kempe addressed a conference of legal practitioners at the Six Annual Wealth Transfer Practice in which Bermuda featured prominently.
"Bermuda is ever aware that it can be perceived as a jurisdiction through which money can be laundered.
"Therefore, the technical industry in Bermuda is ever watchful in defining and tightening its anti-money laundering legislation,'' said Mrs. Mackrill.
The event, organised by the International Bar Association, held the three day event at the Gloucester Hotel in the heart of London. Also speaking were Michael McAuley and Deborah Poole, also of AS&K, who gave advice on a case study based on a fictional Canadian family who had taken up residency in Bermuda.
Through this study, the conference were shown how the family could set up an international estate plan for the next generation residing in various countries such as the US, UK and Canada. Mr. McAuley gave advice on trust and estate planning, while Ms Poole looked at corporate matters. In her talk, Mrs.
Mackrill went over the most recent legislative changes as well as the proceeds of crime laws.
Mrs. Mackrill went over the four major pieces of legislation that deal with money laundering -- the Proceeds of Crime Act 1997, the Proceeds of Crime Overseas Countries & Territories Order of 1998 and the Proceeds of Crime Money Laundering Regulations 1998, which are all currently in force.
She also briefly outlined the new Proceeds of Crime Act of 1999 which is not yet in force.
"The Proceeds of Crime Act 1999 extends liability. It does away with a list of offences and now applies to all indictable offences. It is, therefore, thought that this would include tax evasion.
"The act now applies if the proceeds of criminal conduct are brought into Bermuda within three years of the offence. The Taxes management Act 1997, as amended by the 1999 act, will provide for a tax related offence to be a relevant offence and thus subject to the provisions of the act, where the offence was committed overseas had it been committed in Bermuda would have constituted an indictable tax offence and the proceeds of the criminal tax evasion having been brought to Bermuda within three years of the offence.'' She added that it is possible because of an order from 1998 for a confiscation order to be registered with the court.
But she went on to explain that it has been public policy under the English legal system not to enforce revenue laws of another country, citing the case of QRS 1 Aps and others v Frandsen last year where the court of appeal said that the English court would neither directly or indirectly enforce tax laws from other countries.
Last year in the US -- Bermuda Convention Amendment Act 1999 Bermuda said it would give the US Government assistance to stop tax fraud and evasion without a crime being committed.
Mrs. Mackrill also talked about the Trustee Amendment Act 1999, the Electronic Transactions Act 1999, the Investment Act 1998 and the Proceeds of Crime laws which are still being finalised.
BUSINESS BUC