Ethics and governance in the European Financial centers

The media have reported that Austria, Liechtenstein and Switzerland yesterday met about banking secrecy.

This meeting was for german-speaking attendees.

Luxembourg was not in the group. The geography is only part of the explanation.

Some would see a sanction for a partner that is not reliable : when Luxembourg, Austria and Switzerland met in March in Luxembourg they agreed to coordinate their policies about banking secrecy.

After the publication of the OECD list, Luxembourg :
- did not care of the agreement to coordinate policies and signed more that the 12 required agreements whereas the culture did not change. It was removed from the "grey list" whereas the culture did not change.
- launched LIGFI for its own ethical promotion even though the new body was in the pipe since December 2008 and is a deceptive economic intelligence initiative without intelligence.

Nine organisations including TJN yesterday sent a letter to the Finance Ministers of G20 countries to call for:

1. Supporting a truly multilateral agreement for automatic exchange of information between jurisdictions, including the disclosure of beneficial ownership of assets and trusts. At the very least, a robust review mechanism must be put in place to evaluate the extent to which developing countries have been able to benefit from progress on information exchange.

2. Supporting an international accounting standard requiring multinational companies to report profits on a country-by-country basis. The OECD is currently investigating this proposal. We urge all G20 members to take an interest in this investigation and to use the St Andrews’ summit to request a formal report from the OECD to the G20.

Both measures aim effectively to combat tax evasion and, therefore, should be incorporated in regional and bilateral investment agreements with developing countries.

Read letter

When the Luxembourg Institute for global Financial Integrity was launched in May, Richard Murphy was contacted by Gibb McNeil, its Executive Director (also board member and president of the executive committee).

Richard noted the extraordinary fees they propose charging which are way beyond most NGOs, let alone academics or others who might have interest.

LIGFI has officially announced (with a delay) the Luxembourg Monthly Finance Lunch that is held at the Cercle Munster, 5-7, rue Munster, L-2160 Luxembourg City. The event starts at 11:45 h with drinks, followed by lunch at 12:15 h. The event is concluded by 14:00 h.
The lunch fee of 50 € is to be paid at the Cercle Munster prior to the lunch.

The lunch fee is telling of what Richard observed 6 months ago and raises a couple of questions:

The lunch fee for LIGFI is 50 € whereas the lunch fee for AMCHAM for example is 40 €


Why is it so expansive ? Such fee is way beyond most NGOs, let alone academics or others who might have interest.

Will NGOs and academics be invited by banks and other financial institutions ? If yes, what about their independance?

The pre-announcement for the “Luxembourg Monthly Finance Lunch” was online on Wednesday, 21 October 2009.

The day after a new ALFI brochure: " Your bridge between Europe and China: Luxembourg" by ALFI whose members would be wealthy enough to invite NGOs and academics.

This brochures states page 2 : Shape regulation. An up-to-date, innovative legal and fiscal environment is critical to defend and improve Luxembourg’s competitive position as a centre for the domiciliation, administration and distribution of investment funds. Strong relationships with regulatory authorities, the government and the legislative body enable ALFI to make an effective contribution to decision-making through relevant input for changes to the regulatory framework, implementation of European directives and regulation of new products or services.

This sounds like a renewal of what Rafik Fischer said a couple of years ago that I have quoted several times.

What is the practical consequence?
Professionals confirm they decide of the regulatory framework : hence for example poor sanctions compared to what is done in other jurisdictions ; this is the reason why the crime pays in Luxembourg.
Professionals confirm they decide of the implementation of European directives : hence for example the changes to the UCITS directive that introduced the flexibility (the so-called
innovative legal and fiscal environment) that facilitated the drift with Madoff.
Professionals confirm they decide of regulation of new products or services.


In this context, regulation is a frontage in the jurisdiction. So is the recent talk on ethics through LIGFI.

QED.

Will FATF and OECD smell the coffee?