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New Financial Secrecy Index

There is much to pick over in the new Financial Secrecy rankings released today by the Tax Justice Network. The last time TJN released its index was in 2015.

TJN’s index seeks to rank places by their secrecy and the scale of their offshore financial activities. It offers a way to both highlight who the worst offenders are in the secrecy world and track those who have improved. The goal is to provide insight into global financial secrecy, illicit financial flows, tax evasion, capital flight and the operation of tax havens.

Since the index’s first appearance in 2009, it has demonstrated that tax havens are not necessarily places with palm trees and tropical breezes.

Once again, the United States is at or near the top of the rankings, number two, in this case. TJN combines both a secrecy score and a weighting based on impact to arrive at its score. The USA is not the most secretive jurisdiction; Vanuatu has that dishonor. While the secrecy number for the US is a significant 59%, its global weighting of 22% is what vaults it to dominance in the rankings.

In the secrecy world – the offshore system through which TJN estimates $21 to $32 trillion flow – the United States and the United Kingdom are the biggest players. These giants set the rules, often by doing nothing. Any abuses that occur happen in part because these dominant players tolerate them.

If the United States is the number two secrecy jurisdiction in the world, Delaware is a big reason why. Delaware is literally the template for incorporation laws from Panama to the British Virgin Islands. The tiny state produced more than 128,000 LLCs in 2015.

Delaware’s public registry pulls in more than a billion dollars a year. Not surprisingly, Delaware has been at the forefront of beating back federal efforts to make the US more transparent.

An estimated $300 billion is laundered through the United States annually. Delaware and states like Nevada and Wyoming play a big role. The U.S. Treasury Department has complained that Eurasian organized crime figures, among other criminals, employ Delaware companies.

According to TJN, the United States was one of the only places to see its secrecy increase in 2015 and the trend continues.

Jürgen Mossack, the founder of the firm whose data formed the Panama Papers, asserted that the biggest beneficiary of the leak investigation into Mossack Fonseca was the United States. He anticipated that the Americans would take advantage of the decline of Panama and the British Virgin Islands to grab a bigger slice of the business.

TJN notes:

Between 2015 and 2018 the US increased its market share in offshore financial services by 14%. In total the US accounts for 22.3% of the global market in offshore financial services.

Number one in TJN’s ranking is Switzerland. The alpine nation still offers the gold standard of secrecy with a score of 76%. In Europe, only Liechtenstein is higher with 78%. Switzerland’s prominence is somewhat surprising after the United States forced the country’s banks to fork over the names of American tax evaders. This was a sizeable crack in the country’s vaunted bank secrecy.

TJN describes the country’s current attitude as “white money for rich and powerful countries; black money for vulnerable and developing countries.” The Swiss bow to powerful nations like the United States but continue to offer the citizens of poorer nations the ability to evade taxes. This along with Switzerland’s “aggressive pursuit” of financial sector whistleblowers helped it earn its leading spot.

Today, Switzerland is lobbying the Trump administration to allow it to return to its old ways.

Luxembourg weighs in at number six. This founding member of the European Union has long acted as a brazen hub of legalized tax evasion. Since it mainly services corporate clients – and its former prime minister Jean-Claude Juncker is president of the European Commission – other EU countries have largely given it a pass despite its beggar-thy-neighbor economic strategy.

The TJN index and the Panama/Paradise Papers investigations reveal a secrecy world that acts like a living organism. It evolves and mutates to perpetuate its existence and evade controls. Also in the top ten are two locales – Singapore and Dubai – that are increasingly becoming the destination of choice for those who are spooked by tightening due diligence requirements elsewhere.

Singapore weighs in at number five:

An IMF report in 2014 estimated that “over 95 percent of all commercial banks in Singapore are affiliates of foreign banks: a testament to its extreme dependence on foreign – and offshore – money.” If you are curious where some of those Swiss accounts that were based in Geneva went, look to Singapore.

Dubai earns the ninth spot. According to TJN:

Dubai has an ask-no-questions, see-no-evil approach to commercial and financial regulation as well as foreign financial crimes. It has consequently attracted large financial flows and some of the world’s most high-profile criminals. A significant slice of the inbound money comes in the form of cash or gold.



Happy New Year

Many years ago I lived in Central America . It was a time of civil war. People literally fought and died to win rights Americans took for granted. Fair elections. A functioning and impartial judicial system. Leaders that put the interests of their people above personal avarice. Freedom of expression without fear of government reprisal.

Today, as we bid farewell to an annus horribilis, I want to thank Donald Trump for reminding us of the value of those rights we have squandered for so many years. We neglectfully let them slip – long before Trump launched his campaign. Now, Trump’s assaults on the press, the justice system and our democratic norms have been so blatant, it is arousing the populace from its slumber.

One of the few bright spots of 2017 was the extraordinary level of civic engagement we witnessed. It began with the remarkable million-woman march on Washington. It has continued through sit-ins in the halls of Congress, mobilizations in special elections and an incredible outpouring of first-time candidates for political office. Americans have rediscovered that true democracy is more than a system of elections, it’s an ideal of civic participation.

Thank you, Donald, for the gift of revelation. May it spread far and wide.

Trump and his congressional majorities have shown all Americans – those who voted for them and those who did not – their true nature. Yes, some continue to discount what lies before their eyes. Yet every day the consequences become manifest and the blinders weigh more heavily. Actions speak louder than words.

The price of this gift is indeed dear. Anything of real value usually is. We can reckon the pain and suffering the rest of the year. Not today.

At the end of 2017, my thoughts go to Molly Ivins, my former boss and friend. Though she left us more than a decade ago, Molly has been on my mind often of late. We need her spirit more than ever.

For me, she gets the final word.

So keep fightin’ for freedom and justice, beloveds, but don’t you forget to have fun doin’ it. Lord, let your laughter ring forth. Be outrageous, ridicule the fraidy-cats, rejoice in all the oddities that freedom can produce. And when you get through kickin’ ass and celebratin’ the sheer joy of a good fight, be sure to tell those who come after how much fun it was.