JACK'S CORNER
Did you know the word "credit" comes from the Latin word "to believe"? Yes, I am speaking true!!! More to the point, when one considers what is and has been happening in the USA during my lifetime, one surely must "believe" this is the correct etymology of the word. After all, the USA is the land of "believing" or "credit". The continued growth of that "belief" or "credit" was further underpinned when investors snapped up US$118 billion more of treasury notes issued by a country that consistently achieves budget shortfalls. Given foreigners hold an enormous amount of that debt, I can only conclude they "believe" in the "belief" culture of the USA. And why not? After all, the Dow Jones Index finished the year up 18.8% while the Nasdaq Composite Index gained 43.9% and the Standard & Poor's 500-stock index added 23.5%. Please.... GCSL NEWS
THE GCSL SPIRIT BY PATRICK TRAINOR
NEW DIGS FOR GCSL SHANGHAI
OUR BOY, KORI Snitch Still Serves Jail Time While Federal Prosecutors requested leniency, he didn't receive much! Now rather gob-smackingly Birkenfeld's lawyers are seeking a reward for him under federal whistle-blowing laws of 30% of the proceeds. This could amount to literally hundreds of millions of dollars. He's already appeared on 60 Minutes where he said "I gave them the biggest tax fraud case in the world," I exposed 19,000 international criminals. And I'm going to jail for that? He said that 90 percent of his clients evaded taxes and disclosed that UBS forbade online banking for its offshore American clients because of the risk of being detected by the authorities. Birkenfeld's demise it is reported was thanks to not disclosing sufficient details about his top client Igor Olenicoff, a billionaire property developer. While Birkenfeld's actions surely brought in revenues for the Uncle Sam, it creates an incredible dilemma in that is this guy a whistleblower or an opportunist hustler? And how will the authorities treat him with respect to the reward? The 30 percent bounty does not apply when those who are applying for it are convicted of criminal activity connected to the evasion. But when I ask would you not be participating in criminal activity if you had access to the quality of information required say in the UBS case? If the authorities pay it in full then surely it will send a message to others to dob in their clients for such a massive personal gain. The problem with this situation is Mr Birkenfeld will become a "dead man walking". He may be safer staying in jail than back out on the street as a multi-millionaire. Contributed by Cathy Odgers, Group Legal Counsel and Compliance Officer, The GCSL Group of Companies Limited.
THE AOA BEIJING CONFERENCE, MARCH 7-9, 2010, THE PENINSULA BEIJING On Tuesday, we will hear from Jon Eichelberger, Partner, Baker & McKenzie, Beijing (www.bakernet.com) and Patrice Marceau, Partner, DLA Piper, Hong Kong (www.dlapiper.com) regarding cutting-edge Greater China tax issues. Henry Liao, Partner, Schinders Law Firm, Beijing (www.schinderslaw.com), will offer delegates his real life experience regarding corporate finance challenges in China. We will finish the day with a presentation regarding international tax matters and offshore centers by Anuj Sharma, Director, Abacus Seychelles Limited, Seychelles (www.abacus-offshore.com). Please join us at China's political and cultural capital - Beijing - at The Peninsula. ACCREDITATION
Practitioners of the following associations may also apply for CPD/MCLE points in accordance with the requirement of professional development:
NEW CAPITAL GAIN RULES FOR NON-CHINA RESIDENT ENTITIES The following summarizes the circular: Contributed by Johnson Chien, Managing Director, GCSL Shanghai. HONG KONG TRUSTS I'm just back from my annual Christmas/New Year visit to the US to meet with law firms, CPA firms, business owners and tax advisors along the icy and snowy East Coast - in Atlanta, Baltimore, Wilmington, Philadelphia, and New York City. The concern voiced from the mid-tier CPA firms is that the Big 4 firms apparently have been cutting their rates in order to stem the loss of clients defecting to the mid-size firms for the same quality work at lower prices. Now those firms are competing with the Big 4 on individual client matters. These mid tier firms, many with senior experienced partners and staff from the Big 4, are thus seeing more of the wealthy company owners of privately held companies coming to them for tax advice in the form of asset protection trusts. There is more interest in the US now this year than last year for APT's. The Cooks and Belize remain favorite jurisdictions for APT's among these mid-tier CPA/tax advisors giving advice to their American clients. A little closer to home, members of the Hong Kong Trustees Association (HKTA) and the Society of Trust and Estate Practitioners (STEP) spent part of the summer of 2009 reviewing the proposed changes put forth on HK's first amendment to its Trustee Ordinance which dates back to the 1930's. The HK Government gave meeting time and made presentations to both groups at Government House and at HKTA/STEP meetings. Suggested changes put forth so far by the HK Government include more strict investment guidelines for non-professional and professional trustees who handle investments, as well as provisions for protectors and their powers, more powers for beneficiaries, and trustee powers to charge fees for their professional services-oddly enough in the 1930's Trustee Ordinance, there were no statutes governing if trustees could in fact charge any monies for their services. Some of the proposed changes, including statutory provisions for the establishment of protectors and their powers are long overdue. The same can be said for including statutory approval for trustees to charge fees. Other proposed changes such as guidelines for investment decisions, while well meaning for on-professional trustees, will hamstring professional trustees. These guidelines call for much more strict hurdles to be set for trustees making equity investments with trust assets. These guidelines fail to protect the trustees for disinvestment. Also Beneficiaries are being offered a much broader role and with more rights to interfere with trustees than before. The HK government will have to decide who actually looks at HK as a suitable trust jurisdiction when setting up a trust? The answer is: the settlor, not the beneficiary. Many settlors might be horrified if they saw the broad range of powers being suggested by the HK government to be given to beneficiaries to be able to interfere with the legitimate duties of Trustees as they attempt to carry out their fiduciary duties. As usual, the HK Government has taken a long time to debate the proposed changes and will take into consideration the comments generated by HKTA and STEP members. The Government announced to HKTA and STEP last week that they expect to have a draft bill published in about 3 weeks time. The proposed timeframe for this draft bill going to the HK Legislative Council for a vote is early 2011. I am planning to be in the US again in June for visits along the East Coast and hope to catch up with anyone I was not able to meet on my recent trip so contact me if you would like to meet with me when I visit the US again Contributed by Patrick Trainor, Managing Director of GCSL Hong Kong. HONG KONG REWRITING COMPANIES ORDINANCE
The rewrite exercise is guided by the key principles of:
Full text of consultation paper can be found at: http://www.cr.gov.hk/en/publications/docs/122009_DraftConsultation_full-e.pdf Hong Kong Stock Exchange accepts BVI Contributed by Kitty Lee, Client Services Manager, GCSL Hong Kong |
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SINGAPORE, EU TO BEGIN FREE TRADE TALKS Once again, it must take David to deal with Goliath. Singapore and the European Union (the "EU") have agreed to begin talks for a free trade agreement ("FTA"). It will be the EU's first ever FTA with a member of the Association of South-east Asian Nations (Asean). The discussions should boost prospects and pave the way as a forerunner for a similar accord between Asean and Europe in the future, the Ministry of Trade and Industry (the "MTI") said in a statement recently. The MTI added that the bilateral FTA will not only promote the flow of goods, services and investment, it is also likely to enhance collaboration in areas such as trade facilitation and technical regulations. Singapore's total trade with the EU was worth US$78.6 billion in the first 11 months of 2009. This represents 11.6% of its total trade. The EU is also Singapore's largest investor. As at end 2007, the overall foreign direct investment from the EU stood at US$150.8 billion. With that, David is once again riding into the sunset. Contributed by Lawrence Fong, Managing Director, GCSL Singapore |
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USA IRS ONLY WANTS THE FAT CATS Contributed by Gary Wolfe, Law Office of Gary S. Wolfe, California, USA Why Financial Advisors will be Hot Targets for Lawsuits... After the post 9-11 market plunge and losses, people all over the USA turned to the litigation system to try to be made whole. Lawyers started advertising aggressively and asking questions about the clients market losses and how it was the fault of their advisors and how they should, "Know and exercise their rights." In the USA, the media is still in "gloom and doom" mode, another 250,000 people recently became jobless and lawsuit and attorney advertising is at an all time high. These attorneys are smart enough to know when the cycle produces a boom in their business and boy are they in for a fat Christmas and a Happy New Year with people lining up to be part of the process. I think the current environment is exceptionally dangerous, with a national distrust and hatred of financial institutions and the industry in general, God help the advisor who faces a jury fed on tales of overspending and irresponsibility by the nation's largest institutions. WHAT CAN YOU DO ABOUT IT? Take the same steps you advise your clients to take:
Contributed by Ooi Hoay Beng, Business Development Director - Asia, The GCSL Group of Companies Limited
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Anguilla: Jurisdiction says farewell to its regulator "Financial Services Regulator Happy With His Work in Anguilla After two years and ten months, in the post of Director of the Financial Services Commission, Mr. Niguel Streete is to leave Anguilla on December 22 at the end of his contract which was originally for two years. He will be joining his family who preceded him in August to Grenada, his homeland, to seek early registration in school for his two children. Mr. Streete stayed on in Anguilla for an additional ten months at the request of the then Governor, and the Financial Services Commission Board, due to a number of important matters related to the development of the sector. He was of the view that the stakeholders (the Governor, Executive Council and the Board) to whom he is responsible for the regulation of the sector, appreciated the work of the Commission and his contribution. He hoped that his contribution was also appreciated by the private sector as it was extremely important that it recognised the significance of regulation, and that there was a partnership between the Commission and the sector as both had an interest in the safety and stability of the financial services. Mr. Streete was asked what he thought were some of his accomplishments. "We have been able to make some legislative changes," he recalled. "We introduced a number of new pieces of legislation. To name a few, we now have a Foundations Act which allows us to establish foundations in Anguilla; the much-talked-about Proceeds of Crime Act which was recently passed; the Money Services Bill which brought under the regulatory supervision of the Financial Services Commission a number of institutions such as Money Gram, Western Union and Yellow Banana. There is a Payment System Act which was spearheaded by the ECCB and which came into being recently; and we also have a number of pieces of legislation we are working on. We are planning to introduce an International Insurance Act which will deal with the regulation of international insurance business - captives and foreign insurers. That will result in us having two Insurance Acts: a domestic Act and an international insurance one...early in the New Year. We also made amendments to the Financial Services Commission Act." The outgoing Director stated that the Commission had grown significantly. Technical staff had been increased by 50% - that's from four to six, and there were plans for further significant increases in the New Year. He pointed out that the Michael Foot Report, which called for more human resources to regulate the financial sector, had added impetus to the need for additional staffing as plans for that were already in place by the Commission Board. Mr. Streete stressed that the international financial services industry was in Anguilla to stay. He noted, however, that over the next five or ten years there would be a need for change to respond to some of the global challenges facing Anguilla as a jurisdiction. He sought to clarify the issue that while the Michael Foot Report and other persons, had assumed that there was a need for separation of the regulation of the financial services from marketing both were in fact operating separately. "The Commission doesn't do marketing and we have drawn the line on that for sometime now," he emphasised. "I think what has created some difficulty is that we have provided some technical support to the Registry on some of its promotional trips when we went along as consultants to discuss the financial regulatory infrastructure in Anguilla...I think that has clouded the issue a bit and we recognised that and are now looking at a policy decision to even remove ourselves further from marketing." He observed that in a small jurisdiction like Anguilla, with limited resources both in terms of personnel and finances, there was a need to see how best to capitalise on what was available, but it was important to be mindful of the appearance. Mr. Streete was asked how he saw international finances involving as a second industry to tourism. He believed it was durable but there was need for attention. He pointed to the fact that while there was a statutory body to market the tourism industry with other marketing arrangements and a sizeable budget for promotion, as well as training of staff by the hotels, it was quite different from the marketing budget and other promotional means of the financial services. "If we are going to market and develop the financial services as a second industry in line with tourism, the same things have to happen," he stated. "We have to develop a financial industry master plan with at least a ten-year strategy...We have to look at the curriculum of students, the training and exposure they get. We have to put in the necessary infrastructure and money and attract credible international firms; so there is a lot of other work to be done at the front end if we are going to develop financial services to where the tourism is." He said he had tremendously enjoyed his stay and service in Anguilla. Prior to coming here he spent thirteen and a half years with the ECCB as a Director of Bank Supervision involved in banks and securities regulation. "In coming to Anguilla I got involved with every type of financial regulation so the scope is a lot wider ... with a wide range of institutions and exposure," he reflected. "I think I have grown from the experience and benefitted tremendously. Not only have I been able to make a contribution to Anguilla but I think Anguilla has made a significant contribution to me." He disclosed that he would remain in the financial services industry and was looking at options both in regulation and on the practitioner side. He said Grenada was his home and he would see what was available there as he had given a commitment to his family to spend at least the next five years there. Mr. Streete said his Deputy Director, Eleanor Astaphan, had given a commitment to take over the stewardship of the Commission from him. He described her as an accomplished regulator having been the head of the Regulatory Authority in Dominica for a number of years. "She has done a tremendous job in improving the work of the regulation in Anguilla. She is quite a resource to me and I recommend her highly for the position. I have no doubt that she will do an exceptional job at the helm of the Commission," he added." Contributed by Carlyle Rogers, Managing Director, GCSL Anguilla BELIZE: DOING GOOD We had the opportunity to share the blessings of this year 2009 with friends at Merirh's Ministries. Merirh's Ministries is a not-for-profit Christian outreach organization that "pro-actively respond to the holistic needs (physical, spiritual, mental and social) of the undeserved populous of Belize City, Belize." For many of you who have had the opportunity to visit Belize, you will have recognized that the local economy is not as developed as one would like. For those who haven't visited, please, just take our word for it. That lack of development sometimes serves as a drawing card for many, in that life here is simpler, or less complicated. But generally, life for the poor here is as it is in any undeveloped economy; hard, and with few breaks. Merirh's Ministries had as one of its projects the feeding of the children of underprivileged families in one of the poorer areas of Belize City in this Christmas time, and when GCSL Belize learned of it, we jumped at the privilege of being able to provide some assistance in this regard. We put together some funds and were able to help to make this possible, on Sunday, December 20, 2009. Merirh's Ministries was able to feed somewhere in the region of 200 children on that day, and for that we gave thanks. Suzette Massiah, Director of Merirh's Ministries, was grateful for the assistance, citing the fact that it would go a long way in providing a well needed break from the pressure of living in a depressed community. Suzette, affectionately called Ms. Suzette by everyone, young or old, intimated to us that the children in the area come to her year round, and get food, many times when their own families can't provide for them, as well as a safe after-school haven where they can focus on their studies instead of being on the road being forced to sell drugs or suffer sexual exploitation. She does all this, only from operating a small business as a hair stylist! Imagine the possibilities, if she had more resources!! GCSL Belize stands proud to be associated with persons such as Ms. Suzette, and is blessed and privileged to be able to assist in such a worthy cause. We learn a lot from dear Uncle Jack, who himself is a generous man. We also salute Ms. Suzette, in her tireless efforts to reach out to these vulnerable souls who might have such great potential. We wish for you in this season of family, friendship and fellowship, the very best for 2010. If you can help to make your neighbour's life a little better, do so. You never know how beneficial that may be to you directly, one day in the future, and even if there is no direct benefit, the joy of knowing that you make the quality of life better in some way for another person knows no definition that can be verbally or grammatically expressed in full. Give, and it will come back to you. On behalf of Delicia, Raquel and Sophia here at GCSL Belize, I wish for you all a prosperous, spirit-filled, and blessed 2010. Contributed by Carlo Mason, Managing Director, GCSL Belize COOK ISLANDS: GCSL COOK ISLANDS STAFF LOOKING TO TACKLE BIG TRIATHLON The staff at GCSL Cook Islands are looking to complete this enormous challenge, as part of a goal setting exercise introduced to motivate self development and awareness of healthy living. This is an event that many of New Zealand's elite athletes have competed in, but it certainly does not preclude people of all ages and different levels of fitness, from taking part. The idea behind this rather extreme entry into the world of Triathlons by our staff in the Cook Islands is actually very simple: the aim is to remove barriers that we ourselves create in our own minds, replacing it with positive thoughts and an acceptance that we are capable of immense possibilities. So wish us all luck as we commence this journey of......pain and discovery. Rarotonga - or Raro as it's fondly known - is home to just 10,000 people, yet it receives 80,000 tourists a year looking for sun, sand and time out under coconut trees, as they enjoy a pace of life that is now lost in many of the world's big cities. The scenery, the laid back lifestyle of the people, and the lack of red tape (there are no traffic lights and complex regulations here!) make Rarotonga a great destination for athletes who want to experience more than just racing. The number of athletes who have been back to compete multiple times is testament not only to the genuine enjoyment and challenge of the event, but to the beauty and attractions of its island location. Triathlon week in Raro starts with an event known as the Trader Jack's Boiler Swim, held a couple of nights before the 'tri'. This is a sea swim starting in the original harbor and going out beyond the coral reef and around the remains of a sunken steamer, which went down off Rarotonga in 1913. Trader Jack is an expatriate Wellington bar owner who operates the best known watering hole on Raro. The main race has a mid-afternoon start to coincide with a high tide in the lagoon and the siesta time of day, when the town business area closes and the roads are less busy. Talking of roads, the 41km cycle circuit has not seen a puncture in this race in the past two years - a testament to the glass-free road surface. This race has a local flavor and fanfare with a kikau (coconut frond) decorated finish shute. Island drummers hammer out the sound as athletes finish and you are presented with a freshly cracked coconut to drink. The first male and female competitors over the line also win return air tickets sponsored by Air New Zealand. Triathlon week in Rarotonga finishes a few days later with a cycle race around Raro - a distance of 31km that is always hotly contested. A group of 40 to 60 cyclists usually line up for this popular event. We will keep you updated as the staff at GCSL Cook Islands begin their journey to greater and bigger things. Contributed by Puai Wichman, Managing Director, GCSL Cook Islands SAMOA: GOOD TO BE "WHITE" ... LISTED To kick start the New Year, we have received confirmation that Samoa has slipped back to the "White List" of the OECD progress report having signed 12 Tax Information Exchange Agreements or TIEAs with San Marino, Principality of Monaco, Kingdom of the Netherlands, Ireland, Australia, Sweden, Finland, Greenland, Iceland, Norway, Faroes and Denmark. Pending signatures in the New Year are TIEAs with Korea, Italy and Mexico with text to be finalized for signing with New Zealand. This is indeed good news for Samoa. For a simple summary on the functions of TIEAs and how it affects you as a taxpayer, click on the following: http://www.step.org/attach.pl/2688/5933/What%20is%20a%20TIEA.doc. For a more comprehensive report, visit OECD's website: http://www.oecd.org/dataoecd/15/43/2082215.pdf For any specific questions, please email us directly: samoa@gcsl.info Contributed by Laura Fepuleai, Manager, GCSL Samoa |
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OUR MONTHLY QUOTE THAT MADE US SMILE R-U-BUZZED MORE THAN A FISTFUL OF YUAN |
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