- •Introduction
- •1078 Challenges of the Knowledge Society. Finance and Accounting
- •1. Features of the offshore financial centers (cfo)
- •1.1 Offshore financial centers concept
- •Activities led within the offshore centers
- •1080 Challenges of the Knowledge Society. Finance and Accounting
- •2. Risks caused by cfo
- •International financial destabilization
- •3. Results of the offshore financial centers assessment 3.1. Initiatives of the international institutions
- •1082 Challenges of the Knowledge Society. Finance and Accounting
- •3.2. Cfo assessment program by imf
- •1084 Challenges of the Knowledge Society. Finance and Accounting
- •3.3. Results of the first cfo assessment stage
- •1086 Challenges of the Knowledge Society. Finance and Accounting
- •1088 Challenges of the Knowledge Society. Finance and Accounting
3.2. Cfo assessment program by imf
In 1999, IMF together with the World Bank started the activities regarding CFO, by announcing an assessment program of the financial sector (PESF), launched as an experiment. The program consists of a health exam for the financial sector of the countries and allows interpretation of the macro caution indicators which shows the past crises. The assessment program (PESF) equally regards the offshore financial centers.
The program which assesses the offshore financial centers was launched by the IMF in 2000. It contains two groups (5):
Financial control, containing the assessments;
Technical assistance and statistics.
The assessment of the offshore financial centers is optional and it is achieved on three levels of intensity (6).
The 1st module is a self-assessment, with the professionals’ technical assistance, if the PFO follows the regulations. It regards the PFO responsibility and it is an introduction to the independent assessment.
The 2nd module is an independent assessment performed by the IMF on keeping the regulations.
The 3rd module is a complete assessment, set by the IMF, of the risks and vulnerabilities if the presumptive international and regulation observance.
As the assessment in modules 2 and 3 is concerned, it can be achieved by a group of surveillance professionals from the surveillance agencies from the offshore centers, experts from the World Bank and additional experts as the one from FATF. In assessing the standards from each module, the priorities are decided according to the activated lead within the centers, insisting on the effort against capital laundry.
IMF supports the offshore centers to gather information which can allow voluntary self-assessment through its technical assistance. In 2004, 4.3% (7) from the technical assistance it was
5 http://www.imf.org/external/rp./mae/oshore/2000/eng/role.htm.
1084 Challenges of the Knowledge Society. Finance and Accounting
offered by IMF for the offshore financial centers and the fight against capital laundry and terrorism financing.
Technical assistance to support the centers decreases the statistics and especially helps their participation to the statistical data collection.
3.3. Results of the first cfo assessment stage
According to the IMF report from February 25, 2005 (8), the first stage of the CFO Assessment program was ended (1). 41 from 44 contracted jurisdictions were assessed and published in their reports. Within the 2nd module, 24 jurisdictions were assessed; 14 chose PSEF (Financial Sector Assessment Program). From the last three, one was assessed within the PSEF and two received technical assistance.
During the first stage the international norms were assessed, as follows:
The basic principles from Bale – for a more effective financial control – were assessed in 41 jurisdictions and partially in one (Monaco).
The basic AIS principles (Association Internationale des Controleurs d’Assurance) were assessed in 21 jurisdictions.
The objectives and the regulation principles for the OICV securities (Organisation Internationale de Commissions des Valeurs) were assessed in 16 jurisdictions.
The FATF norms (Groupe d’action financiere sur le blanchement de capitaux) were assessed in 25 jurisdictions.
Two jurisdictions (Nauru and Nine), whose activities were limited, weren’t subjected to an assessment, but they received technical assistance. We should still add that the assessment doesn’t hint the same centers: it is distinctive at the centers which don’t take part in Module 1, Module 2 and in the assessment programs of the financial sector (PESF). The statistics background is not the same.
The assessment depends on the development level of the activity sector, especially of the banking sector, money laundry and terrorism financing, company and stock exchange markets, as well as suppliers and fiduciary services.
BANKING SECTOR
The more important activities from the offshore centers are the banking services. More banks placed in CFO represent the branches and subsidiaries of the international banks. Their first activity is receiving deposits on different markets and their sending to their origin establishments.
The offshore banks make, in companies’ accounts, capital tax free operations in foreign currency, on companies, value added, dividends or interest and exchange control. Banks offer special services to natural persons such as managing goods, successional planning, and currency trade and withdrawal regimes. Such proposals regard the non-banking services such as the fiduciary and surveillance services. Assets management in CFO is motivated by different factors: further protection against origin country quest, fiscal optimization.
The contribution of the financial sector in GDP in CFO is large enough.
But there is not enough information on the subject. For example, this indicator reaches 53% from GDP in Jersey, 40% in the Virgin British Islands, 25% in Gibraltar and only 7% in Barbados.
The number of banks registered in centers differs a lot: from one bank in Sf. Lucia to 427 in the Caiman Islands (appendix 1).
The extension of the cross-border financial assets in connection to the % GDP is enormous in certain centers. For example, in the last years, in the Caiman Islands, this indicator has risen to 56871%, in Guernsey to 7384% and in Jersey to 6879% from GDP. GDP is in these centers.
Mădălina Antoaneta Rădoi, Alexandru Olteanu |
1085 |
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The results of the assessment are shown in Chart no. 1 on 27 offshore financial6). Within the assessments, the compatibility level with the banking surveillance principles of the Basel Committees (BCP – Basel Core Principles)7).
Chart no. 1 Level of compatibility with the Core Principles for an effective financial control
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Part of the |
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centers consistent |
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No. |
Principle Title |
with the |
Number of |
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||
principles– in % |
assessed centers |
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||||
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|
In 60th |
In 27th |
In 60th |
In 27th |
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|
group |
group |
group |
group |
|
1. |
Effective systems: |
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|
|
|
|
|
transparency, surveillance responsibility |
87,0 |
80,8 |
60 |
26 |
|
|
independence and resources |
60,0 |
61,5 |
60 |
26 |
|
|
legal framework |
90,0 |
80,8 |
60 |
26 |
|
|
surveillance force |
80,0 |
84,6 |
60 |
26 |
|
|
60,2 |
96,2 |
59 |
26 |
|
|
|
legal protection |
|
||||
|
68,0 |
79,1 |
60 |
26 |
|
|
|
information access |
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||||
|
|
|
|
|
|
|
2. |
Permitted activities |
93,0 |
96,2 |
60 |
26 |
|
|
|
|
|
|
|
|
3. |
License |
85,0 |
80,8 |
60 |
26 |
|
4. |
Property transfer |
73,0 |
88,5 |
60 |
26 |
|
5. |
Investment criterion |
73,0 |
61,5 |
60 |
26 |
|
6. |
Capitals justice |
65,0 |
61,5 |
60 |
26 |
|
7. |
Credit policy |
60,0 |
50,0 |
60 |
26 |
|
8. |
Loan assessment |
71,0 |
53,8 |
60 |
26 |
|
9. |
Risk exposure |
75,0 |
65,4 |
60 |
26 |
|
10. |
Associated loans |
58,0 |
61,5 |
60 |
26 |
|
11. |
Country risk |
42,3 |
56,0 |
47 |
25 |
|
12. |
Market risk |
52,0 |
48,0 |
60 |
25 |
|
13. |
Other risks |
55,0 |
57,7 |
60 |
26 |
|
14. |
Internal control |
68,0 |
73,1 |
60 |
26 |
|
15. |
Money laundry |
50,0 |
80,8 |
60 |
26 |
|
16. |
On-sit and off-sit surveillance |
80,0 |
50,0 |
60 |
26 |
|
17. |
Banking operations power of understanding |
87,0 |
76,9 |
60 |
26 |
|
18. |
Off-sit surveillance |
70,0 |
76,9 |
60 |
26 |
|
19. |
Independent assessment |
80,0 |
69,2 |
60 |
26 |
|
20. |
Consolidated surveillance |
39,8 |
82,4 |
57 |
17 |
|
21. |
Accountancy and trust |
77,0 |
65,4 |
60 |
26 |
|
22. |
Collective action |
58,0 |
80,8 |
60 |
26 |
|
23. |
Worldwide consolidated surveillance |
58,3 |
82,4 |
43 |
17 |
|
24. |
Host counties surveillance |
67,5 |
88,2 |
48 |
17 |
|
25. |
Foreign banks setting |
71,4 |
87,5 |
59 |
24 |
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Offshore Financial Center Program a Progress Repport. Prepared by the Monetary and Exchange Affairs and Statistics Departments. March 14, 2009. IMF www.imf.org/external/np./mae/oshore/2009/eng/031403.htm.
Core principles for effective banking supervision. Basel committee on Bouncing Supervision, Basel, September 1997.
