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Friday, May 06, 2005

Ireland opens internet only bank

By Deirdre McArdle, ElectricNews.net

Published Wednesday 4th May 2005 10:47 GMT

RaboDirect, a subsidiary of the Dutch online bank Rabobank, launched Ireland's first completely online bank yesterday.

The Dutch banking giant, which entered the Irish market in 1994 through an office in the Irish Financial Services Centre (IFSC), made its mark on the Irish market when it bought ACC Bank in 2002.

The bank will target Irish consumers with a purely internet bank, called RaboDirect.ie, which will initially offer a no-fee, no-charge deposit account with interest rates of three per cent - almost 10 times the standard rate, the bank said. There will be no minimum or maximum deposit and no penalties for early withdrawals. The bank will also offer Irish consumers the chance to invest in the managed funds market, with accounts with Robeco and Merrill Lynch that can be opened with around €100.

Advertising itself as a "straight talking" bank, RaboDirect's customer care centre will be based in Charlemont Place in Dublin 2 with opening hours of from 8 am to 8 pm Monday to Friday and from 10 am to 5 pm on Saturdays. To make lodgements customers can transfer their funds from their primary bank account to their RaboDirect savings account. Likewise, to make a withdrawal, customers can electronically transfer funds from their RaboDirect account to any other Irish bank account.

RaboDirect has also been quick to stress the security of its online banking offering. Online transactions with RaboDirect use a security system called the Digipass, which operates in such a way that the customer's online access code changes every 36 seconds. This type of system is in common usage worldwide but up until this point had not been available in Ireland, the bank said.

In launching in Ireland the bank hopes to target what it calls "a clear gap between the financial products and services currently available and what the public want," said Greg McAweeney, general manager of RaboDirect, speaking at the launch.

"As a virtual bank without the overheads of the more traditional bricks and mortar banks, we have many distinct advantages, which underpin our ability to consistently offer a higher rate without penalties, fees or charges. Our aim is to be the best buy by focusing on a competitive rate as well as being convenient, simple and transparent. In addition since we are not publicly quoted we are not shareholder driven and as a result all profits go into reserves, which in turn can be used to pay top level interest rates," McAweeney added.

Rabobank, which has been in operation for 10 years, has 1.9m customers in the Netherlands and 36,000 people with combined savings of more than €900m in Belgium.

Copyright © 2005, ElectricNews.Net

Related stories Brits fall prey to phishing http://www.theregister.co.uk/2005/05/03/aol_phishing/ Trojan phishing suspect hauled in http://www.theregister.co.uk/2005/04/04/estonian_trojan_suspect_cuffed/ Cops warn of internet fraud http://www.theregister.co.uk/2005/03/29/police_warn_punters/

© Copyright 2005 The Register

Money laundering crooks face high-tech sleuths

By Daniel Sorid

BOSTON (Reuters) - Governments around the world have found a high-tech ally in their fight against tax cheats, money launderers, corporate crooks, and perhaps the most pernicious of all bureaucratic enemies, paperwork.

The technology, a computer language developed by accountants, turns financial information into the equivalent of a bar code, allowing software to scan and comprehend information that would otherwise be left for armies of analysts to re-type and sort out.

Extensible business reporting language, as it is called, is gaining a critical following inside the halls of government. Officials from Brussels to Washington have begun encouraging and requiring financial statements to be prepared in XBRL, to counter the cool reception so far in the business community.

"It's the killer technology," said Michael Bartell, the chief information officer of the Federal Deposit Insurance, the U.S. banking regulator, speaking at a conference on the technology held last week. "We are drowning in data. We're buying storage faster than we can cut the purchase orders."

The technology affixes digital "tags" to virtually every kind of financial information, making it possible for software to spot suspicious or erroneous information and flag reports for more thorough review. While all data can be stored electronically, XBRL provides a standard structure that can be run through many types of analytical software.

In October, after a year's delay, the FDIC will become the first federal agency to require XBRL reporting, a change that could cut weeks from the task of reviewing 9,000 quarterly bank reports and sharing them with the investing public.

A similar, but voluntary, programme is underway at the U.S. Securities and Exchange Commission, and the Internal Revenue Service, the U.S. tax authority, is exploring XBRL as a way to speed the hugely time-consuming task of auditing businesses.

The European Union is spending one million euros, or 675,000 pounds, to promote the technology across member states. Markets in Asia are also pressing forward with XBRL, hoping the technology can increase financial transparency in their markets. (Reuters, the news and data company, is also a backer of XBRL.)

The technology has also been put to use for more creative purposes. An anti-money laundering group in Spain wants to use XBRL to spot suspicious financial deals. Canada's environmental agency is exploring the technology for a program designed to highlight the business costs of pollution.

BUSINESSES RELUCTANT

Companies and investors have yet to embrace the technology, frustrating agencies like the U.S. SEC, whose voluntary XBRL program has been largely ignored.

"What we have yet to observe is an embracing of the standard by preparers, analysts and investors," said Peter Derby, the SEC's managing executive for operations.

That could change, as industry groups begin to encourage companies to consider the five-year-old technology.

"We're on the verge of a fundamental transformation of financial reporting," said Colleen Cunningham, the president of Financial Executives International, an association of executives from about 8,000 U.S. and Canadian companies.

"It will take time to gain traction, but once it does I think it will be a steamroller," she said.

The lack of voluntary participation has created a chicken-and-egg problem for XBRL. Since companies do not use it, there is almost no data for investors or regulators to analyse. Since regulators and investors have little chance to use XBRL, they have been slow to push companies to use it.

One possible explanation for the hesitance: XBRL is like a high-definition camera for financial results, as it shows all the wrinkles and bumps of a company's financial results in ways traditional data delivery did not. While some companies might appreciate the increased scrutiny as a way to get market attention, others might shy away from it.

The SEC's Derby said participation will follow once software to create XBRL filings, made by companies including Fujitsu and start-up Rivet Software, becomes easier to use. "XBRL does not yet present an off-the-shelf set of tools that preparers can utilise," he said.

Regulators should take a more aggressive stance by mandating XBRL, said Otmar Winzig, a vice president of Software AG, which is working with a German stock exchange on a pilot program for XBRL that has attracted just eight companies.

Bob Laux, Microsoft's director of external reporting, is one of the few supportive voices from the corporate community. The accounting profession, he said, "hasn't really changed in 75 years."

"Think of the medical industry and what they've done with technology," Laux said. "The accounting profession needs to step up and embrace that kind of change process."

© Reuters 2005. All Rights Reserved.

Sarbanes Oxley for IT security

By Mark Rasch, SecurityFocus

Published Tuesday 3rd May 2005 07:31 GMT

Comment

Sarbanes Oxley seems wholly focused on the accuracy of a company's financial records and controls around these records, so where does IT security come into the picture, ask SecurityFocus columnist Mark Rasch.

At a recent computer security conference in Las Vegas, I was struck by the fact that every computer security vendor was advertising its product, software, service or consulting services as, "100% Sarbanes Oxley Compliant." It's sort of like the saying of being fat free and having reduced carbs. It got me wondering, does the Sarbanes Oxley law really have anything at all to do with computer security? The quick answer is, not as much as you might suspect, but more than the law did before.

A bit of history

To understand the Sarbanes Oxley Act of 2002, (SOX) you have to understand Enron. After reading Kurt Eichenwald's 742 page tome about the Enron scandal, I cannot claim to understand even what Enron did for a living. However, the Enron accounting scandal that led to SOX was a combination of corporate arrogance, director and officer inattention, CFO greed, pervasive conflict of interest, accountants who were captured by their client, and a failure to heed numerous warning signs, including those of inside whistleblowers like Sherron Watkins. At its core, the Enron debacle involved the United States Securities and Exchange Commission's approval of an aggressive (and likely inappropriate to its uses by Enron) form of accounting by Enron called "mark to market," coupled with a series of CFO-owned limited partnerships which were used to offload significant quantities of Enron debt while at the same time this debt was actually being reassumed by Enron itself.

The surest sign of accounting fraud is financial transactions that bear no true independent economic value (although such things are commonplace in the accounting world - think sale and leasebacks, offshore corporations and subsidiaries, etc.) Enron's accounting firm, Arthur Andersen, was beholden to its client for significant fees not only from accounting but from consulting services as well, creating additional conflicts of interest. Complaints of whistleblowers were dismissed by senior Enron management, because they felt as if they were, in the words of movie director Alex Gibney, "The Smartest Guys in the Room".

When SEC and DOJ investigations ensued, Andersen's counsel reminded everyone about the Andersen rule on not retaining accounting workpapers, leading to essentially a shredding party - although the US Supreme Court heard oral arguments during the last week of August on whether or not this activity was even criminal.

After Enron, Congress faced a series of other companies that have either been indicted for fraud or have had to significantly restate earnings because of a failure to accurately capture income and expenses. These include HeathSouth, Adelphia, Tyco, WorldCom, Qwest Communications, and Global Crossing. In each of these cases, it is alleged that senior management participated in events which led to the misstatement of earnings and the deception of investors. Indeed, each of these cases reflect equally corporate officials stealing from the company as well as stealing for the company.

What is important to note about each of these major financial frauds - the ones that essentially led Congress to act - is that none of them involved breakdowns in computer security. Indeed, had there been significant improvements on computer security and access control at each of these companies, there likely would have been no change in the result.

Congress gets involved

Otto Von Bismark once said that those who like sausage and have respect for the law should not watch either being made. The same could be said about the United States Congress. The Sarbanes Oxley Act imposes significant accounting and control requirements on U.S. publicly owned companies (and probably on foreign companies which are either traded on U.S. exchanges or which make up a significant part of a U.S. company's financial reporting). Thus, the new law, which was signed on July 30, 2002, directly addresses the Enron scandal by, for example: establishing records retention requirements for audit papers, creating a new oversight board for accounting firms auditing publicly traded companies (PCAOB), mandating auditor independence, mandating corporate responsibility and accountability at publicly traded companies, reducing conflicts of interests of financial analysts, providing protections for "whistleblowers," and imposing new criminal penalties relating to fraud, conspiracy, and interfering with investigations. You would be hard pressed in reading the text of SOX, its legislative history, or any of the voluminous testimony surrounding it, to find the words "computer security" or "computer crime."

There are several provisions of SOX which do, however, impact IT auditors and security professionals - even if only tangentially. For example, Section 302 requires the CEO and CFO to certify that the financial reports are true and accurate, and that there are in existence adequate controls over financial reporting and disclosure. Section 404 describes these controls, and requires that certification be both reasonable and that the outside auditors also certify the existence of such adequate controls over financial reporting. SOX Section 409 requires publicly traded companies to promptly report any changes in financial condition or reporting that might be material to investors, and Section 802 mandates that companies and their auditors maintain accounting documents and work papers for a minimum of seven years. Nary a mention of IT security. Indeed, SOX seems wholly focused on the accuracy of a company's financial records and controls around these records - income, expenses, accounting, liabilities, etc. Where does IT security come into the picture?

When the Public Company Accounting Oversight Board, created as a result of SOX, got to work it established auditing standards, including Standard 2, titled "An Audit of Internal Control Over Financial Reporting Performed in Conjunction with An Audit of Financial Statements". This document recognized that senior management can't just certify controls ON the system, these controls also have to control the way financial information is generated, accessed, collected, stored, processed, transmitted, and used through the system.

COBIT, COSO, ITIL and OATBNL (And other acronyms to be named later)

Because of SOX's reliance on controls, the Committee of Sponsoring Organizations of the Treadway Commission (headed by former SEC member James Treadway) developed a series of controls for financial processes which are now known as the COSO guidelines. COSO was originally formed in 1985 to sponsor the National Commission on Fraudulent Financial Reporting. For IT auditors, the relevant guidelines are COBIT (Control Objectives for Information and Related Technologies) which is an open standard published by the IT Governance Institute and the Information Systems Audit and Control Association. (In the UK, there is the IT Infrastructure Library, published by the Office of Government Commerce in Great Britain which compliments COBIT.) These are a series of IT controls which should be in place in order to make such a SOX certification with respect to IT.

But here is the fundamental question - has there ever been a pervasive and material financial fraud which has resulted directly or indirectly from a failure of an IT security control? Would IT controls have prevented or detected the frauds at Enron, WorldCom, Tyco, and the like?

The answer to the former question is probably yes. If we look back historically to things like the Bearings Bank/Nick Leeson fraud of the late 1980s, or the Allied Irish Bank/Allfirst fraud of the beginning of this millennium - cases in which trusted employees generated and concealed tremendous losses for the company - IT security controls may have been able to prevent or detect such frauds, which certainly would have been material to investors. While such fraud perpetrated by insiders are difficult to detect because such insiders frequently have intimate knowledge of the controls themselves, processes that provide for things like access control, detection of unusual account or access activity, checks and balances for records relating to financial reporting may provide early warning for such fraudulent activity. At best you can make such systems fraud resistant -- not foolproof. Indeed, in many cases those committing significant frauds against a company must obtain unauthorized or superuser access to IT systems in order to either perpetuate the frauds or conceal them. IT security controls can also help companies certify compliance with other legal and regulatory requirements - a SOX mandate.

But for frauds like the next Enron and their ilk, IT security - even under COBIT guidelines - would likely provide no remedy. Where key decisions about how to account for profits, losses and liabilities are created by senior management and approved by independent accountants, all that the IT staff does is streamline the process for ensuring that these decisions are effectuated - not preventing fraudulent or erroneous assumptions.

Contingent liabilities

One underemphasized provision of SOX is the requirement that companies disclose to investors both material events and contingent liabilities that might impact the bottom line. In this regard, IT security becomes more relevant. If you had a choice between investing in a financial institution (or a nuclear power plant) that had sound IT security practices, or one that had none, clearly you would find the IT security decisions to be important. Similarly, a significant attack on an infrastructure could yield losses to confidentiality, reliability or integrity of systems or data that would have to be disclosed to investors (just ask ChoicePoint about that).

The thing to remember about SOX is that it is primarily focused on the accuracy of financial reporting data. IT security is important under SOX only to the extent that it enhances the reliability and integrity of that reporting. To the extent that SOX provides an incentive to companies to do that which they reasonably should be doing anyway, by all means feel free to use it to convince with senior management. The better reason to have good controls over IT and IT security, however, is not because it will make you SOX compliant - but because it will make your business more efficient, enable you to better utilize your data, and allow you to trust ALL the data, not just financial reporting data. If it takes a few senior executives going to jail to achieve that, so be it.

Now ask yourself: are your security vendor's products "100% Sarbanes Oxley Compliant?" You can bet they probably are. And remember, their solutions meeting SOX compliance are also 100% cholesterol free!

Copyright © 2005, SecurityFocus

Mark D. Rasch, J.D., is a former head of the Justice Department's computer crime unit, and now serves as Senior Vice President and Chief Security Counsel at Solutionary Inc.

© Copyright 2005 The Register

Thailand to require registration of cellulart customers

By Nick Cumming-Bruce International Herald Tribune

MONDAY, MAY 2, 2005

BANGKOK For years, Thai authorities acted as if international terrorism was someone else's problem, even after bomb attacks in Bali, Jakarta and Manila brutally exposed the threat to the region. Suddenly, the government has changed tack, and mobile phone operators find themselves caught in its new enthusiasm for security.

>From May 10, the government wants Thailand's four mobile phone operators to start registering the identity of people buying prepaid SIM cards, the so-called subscriber identity module that identifies a phone to its network. That means collecting data on close to one million people a month.

The impetus for this initiative apparently came from a series of bomb blasts in Thailand's mainly Muslim southern provinces, where security forces face an insurgency. The bombs were mostly detonated by cellphones, Thai authorities say.

Every time a bomb goes off, the government closes down local cellular networks in case the bombers have planted a second device designed to hit security forces or rescue services rushing to the scene of the first.

Prime Minister Thaksin Shinawatra, who built a family-run telecommunications empire, which includes the biggest of Thailand's cellphone operators, says he is confident that registering SIM card holders will solve the problem of bombers using mobile phones.

But the registration idea makes some people who are not crooks or wannabe terrorist bombers unhappy.

Thailand is not the first country to register prepaid customers. Switzerland introduced registration last year after it found that Al Qaeda had members used prepaid Swiss cards to make calls from Pakistan and Afghanistan. Swisscom, the country's leading phone company, was uneasy about the extra work, although it only had to contend with about 1.9 million prepaid subscribers.

In Thailand, where the authorities eventually want all prepaid sub- scribers registered, the number now totals 21.5 million people and is growing at a rate of about 20 percent a year.

The phone companies say they are supportive of the initiative in principle but see a host of potential problems. It is not clear how much data the government wants them to capture or what requirements customers must fulfill.

There are potential legal snags as operators also have legal obligations not to disclose customer information. And there appear to be different views in government about who should hold and maintain the customer data provided.

Nor is it clear what the government wants to do about foreign cellphones roaming around Thailand - whose fees provide a high-margin source of revenue for Thai operators. One report suggests that visitors would have access to roaming only after registering, an inconvenience for business visitors and the more than 10 million tourists visiting Thailand every year.

"I told them if they are going to be tough about that they could scare away tourists and business people because everyone will think we have a war on," said Athuek Asvanund, vice president and group general counsel for True, which operates a mobile phone service under the TA Orange brand.

There are some potential benefits to the operators, telecommunications analysts point out. Companies will get more client data with which to refine their marketing strategies.

Some security experts doubt the move will be helpful. Registration will not stop bombers from using stolen SIM cards or mobile phones or phones from other countries to detonate bombs or from using false identities to buy them. Moreover, although mobile phones are among the more efficient devices for detonating bombs, courtesy of their digital technology and the quality of the network, there are plenty of other handy gadgets that will do the job, including remote garage door openers and family walkie-talkie sets - anything with a wireless signal.

"What they are doing is spending a lot of time and effort doing something that ultimately may be neither useful or effective," said John Wideman, Thailand country manager for the security consultancy ArmorGroup Asia Pacific. "There are just too many ways around it."

Thursday, May 05, 2005

Offshore bank accounts in China

United Commercial finds a market in overseas financing Yu Ning, Chronicle Staff Writer

Wednesday, May 4, 2005

Richard Lee was running into problems finding a partner that would loan him the money his fast-growing company needed to expand its manufacturing operations in China.

The CEO and president of Amsino International Inc. in Pomona (Los Angeles County)didn't have much luck convincing large U.S. banks. He said they were reluctant to get involved in overseas ventures because they were worried about the problems they might run into if the business soured.

That's when he turned to the holding company for United Commercial Bank for help. After a careful review of his proposal, which included a personal visit by the San Francisco bank's CEO to the plant in Shanghai, the bank extended Amsino International the money it needed.

Half of the $10 million loan went to finance the expansion of the plant, which produces medical devices, while the remainder went to cover financing of the purchase of supplies and sale of products to customers in Asia and Europe.

The deal represents an important niche business that United Commercial Bank Holdings has been cultivating as trade relations between China and the United States grow. Over the years, it has been best known as a small community bank that caters to Chinese American customers in the Bay Area, Southern California and New York, providing residential real estate and commercial loans.

Thomas Wu, the bank's chairman, president and CEO, said in an interview that the bank wants to hitch its growth prospects to China's booming economy.

Wu isn't alone. Many other foreign banks are expanding rapidly in China to provide the capital its fast-growing economy needs. According to the China Banking Regulatory Commission, 62 foreign banks from 19 countries had established operations in the country by the end of October.

Unlike banking giants such as Citigroup Inc. and HSBC Holdings Plc that are going after the retail banking business, Wu's bank is focused on making trade-financing loans to small and midsize companies.

According to Wu, the bank's bullish projections show that its commercial business loans and trade-financing business could grow rapidly, accounting for about 20 percent of its loan portfolio in five years and helping the bank reach $15 billion in assets.

Wu said his bank is moving in this direction to respond to the needs of his Chinese American business customers in the United States. "We don't even have to go and knock on the door,'' he said. "We just focus on our existing customer base, and they can refer us to their counterparts in China. The need is huge. We can finance on both sides" of the Pacific.

The only thing holding back the bank is its size. With only $6.3 billion in assets, it is too small to qualify to open branches in China. Foreign banks are required to have at least $20 billion in assets before they can open branches.

What small banks like United Commercial are doing in the interim is to open representative offices in China. That's the first step a foreign bank has to take before Chinese authorities allow them to open branches, where they are able to take deposits and issue loans. The bank has representative offices in Shenzhen and plans to open one in Shanghai later this year. It also has an office in Taipei, Taiwan.

The representative offices allow the bank to establish local business ties and analyze the economic climate. They also can route any potential business to United Commercial's Hong Kong branch, which opened in November 2003 after it was granted a full banking license by the Hong Kong Monetary Authority.

Tony Tsui, general manager of the Hong Kong branch, said business has been brisk since it opened. It has taken in $410 million in deposits and secured $206 million in loan commitments.

Catering to small to midsize businesses, the branch takes three to four weeks to underwrite a trade-finance loan. The loans range from $500,000 to $20 million, with the average loan $2 million to $3 million. Tsui said it will take the branch about two to three years to break even.

United Commercial is closer to converting the office in Taipei into its second branch than it is to establishing one in China. That's because the asset requirements for opening a branch are different in Taiwan. There, a representative office can be upgraded to a branch if the foreign bank's assets rank among the top 500 banks in the world. According to the last count, Wu said, his bank ranks just above 600th.

Wu said he has talked with officials of the China Banking Regulatory Commission about the opportunities to convert more representative offices to branches and was given a couple of options to increase the bank's assets by investing or acquiring local banks.

Wu acknowledges that the competition from other banks is very strong, but very few of them understand what is required to do business in different markets as well as United Commercial, he said. He also believes the bank's size allows it to establish a closer relationship with his customers.

Lee, the CEO of Amsino International, matches the bank's profile of a growing number of Chinese American businessmen who have turned to China for manufacturing.

Lee's firm has relied on the joint-venture company he established in Shanghai and Jiangsu province more than a decade ago to produce more than 90 percent of his products at a cost savings of 20 to 30 percent.

The outsourcing has helped Lee's company to grow by 50 percent annually for the past four years. That growth, in turn, has led Lee to seek financing every six months. "I need a financial partner to support us and grow with us, '' he said.

Wu, who went to China to visit the plant, said he felt comfortable about the loan to Lee because the bank had extended a $10 million line of credit to the company two years ago and because he liked the company's business plan and growth potential.

Lana Chan, an analyst with Harris Nesbitt Corp., said United Commercial's long-range projections to increase trade-financing loans to 20 percent of its loan portfolio seems a bit aggressive. But she noted that the bank's aggressive and early expansion into Hong Kong and China will give it an advantage over its competitors. Neither Chan nor her firm own shares in the bank. --------------------------------------------------------------------------------

United Commercial Bank Holdings Headquarters: San Francisco Chairman, president and CEO: Thomas Wu Assets: $6.3 billion

East Asia strategy: To boost its deposits and commercial loan business by establishing branches in China. It has a branch in Hong Kong and representative offices in Shenzhen and Taipei. It plans to open another representative office in Shanghai later this year.

E-mail Yu Ning at nyu@sfchronicle.com.

Page C - 1

©2005 San Francisco Chronicle

Offshore bank in trouble - Arab Bank

By Joel Mowbray

When a House Financial Services panel today takes up the issue of Islamic charities and terror financing, what won't be seen is far more interesting - and important - than what will. The story of how what had promised to be an explosive session was gutted is a tale of international lobbying, partisan protection and misplaced animosity. And of course, it wouldn't be genuine intrigue without loads of Saudi cash.

Rep. Sue Kelly, New York Republican, chairwoman of the Oversight and Investigations subcommittee, had originally scheduled a hearing for last month that was to include administration officials, experts who were prepared to provide evidence of financing for specific terror attacks, and - to make the human toll tangible - victims and families of victims of terror.

Though there have been dozens of hearings on the general topic of terror financing, this one was special: The sole focus was to be the suddenly embattled Arab Bank. The bank earlier this year suffered the partial closure of its New York branch - it can no longer establish new accounts there or accept deposits - after the Office of the Comptroller of the Currency reportedly found gross violations of money-laundering and terror-finance regulations.

Today's emasculated hearing is the first bit of good news the bank has received in nearly a year. When trial attorney Gary Osen - a free-market conservative who has a penchant for tackling larger-than-life cases - discovered evidence last year suggesting that Arab Bank was knowingly funneling money to Palestinian terrorists, he filed a civil suit on behalf of terror victims last July. (Famed trial lawyer Ron Motley of asbestos and tobacco lore has since filed a parallel suit.)

Spurred on at least in part by the victims' lawsuit, the OCC and the Office of Foreign Assets Control conducted investigations into Arab Bank, which has $32 billion in assets and was founded in 1930. Published accounts indicate that the OCC report is damning. Arab Bank is waiting for the other shoe to drop as OFAC, which by design has a more targeted focus on fighting terror financing, could issue an even more scorching report.

Why the feds have waited until this year to act is a question that Congress should have been exploring today - if only Arab Bank were still the focus of the hearing. Mr. Osen learned of Arab Bank's alleged terror financing not through a well-placed source or covert whistleblower, but on the Internet.

Documents captured by the Israeli Defense Forces during targeted raids of terror outfits yielded a massive cache of evidence tying Arab Bank to funding of Hamas, Palestinian Islamic Jihad and families of suicide bombers - and the IDF posted much of it on the net. Though Arab Bank denies it was ever knowingly involved in terror financing, the public record appears to contradict such assertions. Various jihadist Web sites openly raising funds informed prospective donors to direct contributions to numbered accounts at Arab Bank.

But even more openly than that, advertisements in prominent Palestinian newspapers told families of "martyrs" - suicide bombers - to collect money from Arab Bank. One February 2002 ad listed names entitled to receive $5,316.06 from the "Saudi Committee." The "Saudi Committee" referenced is likely at least part of the reason that the feds are hustling to shield Arab Bank, despite the wealth of evidence that led to the partial shuttering of the institution's New York branch.

The Saudi Committee for the Support of the Intifada al Quds, which was established shortly after the start of the current intifada, attained international notoriety when its 2002 telethon netted over $100 million. Part of its ability to raise such funds was its open embrace of "martyrdom." The Saudi Committee's stated purpose is to fund "all suffering families - the families of the martyrs and the injured Palestinians and the disabled."

Aside from ostensible Saudi pressure, both Jordan and the Palestinian Authority have been lobbying the U.S. government to go easy on Arab Bank. The largest private bank in both economies, Arab Bank faces little risk that the United States would allow it to become insolvent outright. But given its $32 billion in assets, it would likely take more than a handful of lawsuits to sink Arab Bank.

Regardless, State and Treasury Department officials did not want to appear at a hearing featuring terror victims - and then they also insisted that Arab Bank no longer be the hearing's focus. Apparently believing it should side with the Republican administration over trial lawyers, the Republican Congress played along. Mrs. Kelly will be allowed to hold another hearing featuring terror victims, but the powerful combination of evidence tied to its devastating consequences will be lost.

If Arab Bank and its influential allies have their way, the public will never learn most of the contents of the OCC and OFAC reports. For those hoping Congress might fulfill its duty to inform the public, the tale of today's hearing is anything but encouraging.

Joel Mowbray occasionally writes for The Washington Times.

All site contents copyright © 2005 News World Communications, Inc

Offshore asset protection trusts as tax shelters

An offshore trust as a tax shelter for UK domiciliaries...

With tax anti-avoidance legislation being potentially all encompassing for UK domicilaries how is it possible to use an offshore trust as an effective tool for the sheltering of assets and income from taxation?

There are actually only 3 main ways for a UK domiciled settlor to benefit...that said, it is most certainly worth speaking to a financial or taxation adviser with an international offshore focus to determine whether or not a trust or something like a portfolio bond could be of benefit for you.

The 3 main ways for a UK domiciled settlor to benefit from the establishment of a trust for tax sheltering purposes are: -

1) If the settlor has died an offshore trust can be used as a tax shelter

2) If no ‘defined person’ is a beneficiary then the establishment of a trust offshore can be used for taxation avoidance purposes

3) If a child is the beneficiary of the offshore settlement again the use of a trust can prove tax efficient

1) If the settlor has died - a trust which is created by testamentary disposition (i.e., through a settlor’s will) will only be formed once the settlor has died, therefore as the settlor is dead then no income or capital gains taxes can be levied against him. The assets being disposed of into the trust are of course potentially subject to IHT however...unless they fall within the nil rate band or are IHT exempt.

2) If no ‘defined person’ is a beneficiary - the term ‘defined person’ covers most close family members and so this exception is quite rare, however trusts can be set up by distant relatives or friends of the beneficiaries. These trusts would still operate as a shelter for both income and capital gains.

3) If a child is the beneficiary of the offshore settlement - if a settlor places assets into a trust from which children or grandchildren benefit from foreign income (though not foreign gains) then this is still a fairly tax effective way of using a trust, though care has to be taken not to trigger taxation anti-avoidance legislation.

Offshore trusts and overseas taxes

Depending on the taxation rules of the overseas country the settlor is resident and/or domiciled in, an offshore trust can minimise the overseas taxes as well.

In this instance a settlor can use a trust effectively to avoid or reduce inheritance tax.

Choosing a safe tax haven for your cash

By Carolyn Batt

Luxembourg, Jersey or The Bahamas? The Isle of Man, Cyprus or Bermuda? It's a question many expats face frequently, and it's not about where to take their next holiday.

In the financial sense, "offshore" means a jurisdiction other than the one where you reside. But it is important that investors in offshore funds consider both where the fund is domiciled, and whether there is a satisfactory investor protection regime in place, before parting with their savings.

"The general lack of trust in the financial services industry is greater now than it has been at any time in the industry's history. People who want extra comfort should pay attention to aspects like domicile," said Jonathan Fry, the principal of Yorkshire-based independent financial advisers Jonathan Fry & Co, who names Luxembourg as his preferred fund domicile because its investor protection rules are "second to none".

"We would never buy a house without checking the location," explains Mr Fry. "But how often do people buy investments without considering the correct holding structure for the investment, or comparing available jurisdictions? People working overseas, who are starting to invest offshore, need to be very careful where they put their money."

The domicile of a fund is the place where the institution behind the fund is administered and regulated. There are dozens to choose from, although IFAs tend to be wary of the more exotic locations. "I've never really considered the more esoteric domiciles, as there are more than enough funds to choose from in the better-known locations," said Vivienne Starkey, director of IFA Equal Partners. "For most investors, security is the most important thing, and for that I recommend places like the Isle of Man, the Channel Islands and Dublin. I would tend not to go for places like Bermuda and the Cayman Islands."

A good IFA should tell you whether a particular offshore domicile has stringent investor protection legislation or other measures in place. "Another aspect is anonymity," Ms Starkey added. "Countries like Switzerland, or particularly Luxembourg in the offshore investment field, don't share banking information with other people, and some investors like that.

"Another issue is the political circumstances. You don't want to invest in countries that may have unfavourable political regimes. Never forget, it's your money."

James McBrearty, a director and offshore expert at John Scott & Partners, says domicile can be important for a number of other reasons, including the ease of communication, transparency of charges, and the knowledge of the fund managers. "My preference on domicile of fund manager would be one of the major offshore financial centres such as Luxembourg, Dublin, Channel Islands, Isle of Man or possibly Switzerland for these reasons," he said.

Another benefit, he added, was the ability to obtain information on aspects commonly considered by advisers in the UK, such as asset allocation and risk factors. "People should get tax advice to check that offshore funds offer an advantage in the place they live," Ms Starkey added.

"There is a misconception among Britons, both in Britain and abroad, that offshore investment will always be tax-free.

"It's not true, and it's very important that they obtain tax advice both before moving to a foreign country, and again before moving back to the UK."

© Copyright of Telegraph Group Limited 2005.

Offshore bank accounts, money laundering and cybercrime

Source: Computer Crime Research Center By: CCRC staff

The emergence of electronic money and global systems of electronic payments formed a parallel banking system. It has the entire network of semi-legal financial institutions. The unique opportunities of quickly shaped infrastructure drew attention of criminal groups at once. It allowed anyone to rapidly transfer monetary funds to any country, anonymously, through tangled routes. Heretofore, electronic transfers interested criminals as the efficient tool to conceal sources of money intakes, to launder illegally earned money and to conceal their incomes to evade taxes.

Here's one of the criminal schemes of payment operations. There operations can be hardly tracked by law enforcement: upon receipt of merchandise, let's say drugs, the buyer electronically transfers money to the credit card of the supplier. The last at one stroke transfers this money through the system of electronic payments to his bank account in the country with strong bank secrecy laws. Then the supplier can simply transfer his money to the card account in parts and can easily use these money.

In Russia, one of the registered forms of computer crimes purposing to evade taxes is the use of computers to interfere with pool memory of electronic cashier registers installed at shops. As a result of such interference, the registry of payments is modified or deleted. It allows to hide real incomes from tax administrations.

Copyright © 2001-2005 Computer Crime Research Center

Precautionary steps prevent money laundering, says CBO

MUSCAT, Oman - Hamood bin Sangour Al Zadjali, executive president of the Central Bank of Oman (CBO), said the Sultanate is free of money laundering operations thanks to the precautionary measures, laws and systems adopted by banks, financial and banking companies operating in the country.

He added, in a statement he delivered yesterday after opening a seminar, titled 'Correspondence banks, a gateway to money laundering,' that employees of such institutions have to be reminded from time to time with the risks resulting from money laundering on the Omani banking system.

He noted that the CBO applies the 40 criteria of the Basil Committee and eight criteria on financing terrorism which were issued by the United Nations.

He noted that all pertinent institutions in the Sultanate including the CBO accord special attention to encountering any attempts for money laundering and terrorism financing. He added the practical steps undertaken in this regard include raising awareness and increasing information exchange on developments in order to enhance the Sultanate's plans to combat money laundering and terrorism financing. He said the holding of this seminar comes within the context of these efforts.

Lectures delivered during the seminar focused on the threats of money laundering on banking and financial institutions and how to avoid it. The lecturers said as the Gulf region and the Middle East is a centre for various money transfer operations, its financial and banking institutions have to enhance monitoring in order to avoid money laundering and terrorism financing operations. - ONA

German capitalism bashing may undermine Schroeder

May 3 (Bloomberg) -- Criticism within Germany's ruling Social Democratic Party of free-market practices may undermine Chancellor Gerhard Schroeder's resolve to make the economy more competitive, said economists including Juergen Michels at Citigroup Global Markets in London.

Party chairman Franz Muentefering last month compared investors seeking short-term gains to the biblical plague of locusts that descended on Egypt, stripping it of vegetation. The Handelsblatt newspaper cited Finance Minister Hans Eichel as saying in an interview to be published tomorrow as criticizing companies that ``systematically give the impression they have to cut jobs to improve their share price.''

The criticism has made it ``more difficult for the government to push ahead with further reforms'' that might attract investment and lower unemployment, said Michels in an interview. ``There are already signs that the reform process isn't only braking, but rather going into reverse.''

Since Schroeder's second term in office began in 2002, the chancellor has enacted the first ever benefit cuts for the long- term unemployed, reduced protection from dismissal at small companies and forced those without work to accept any kind of job or lose benefits. That hasn't stopped the jobless rate from rising to a post-World War II record and has eroded support for the Social Democrats ahead of regional elections this month.

``It is rather shabby to create the impression that evil financial investors are to blame for the economic situation rather than the structural problems that still persist,'' Michels said. ``It conceals the true problems, such as an inflexible labor market, cumbersome tax laws and high labor costs.''

Corporate Tax

Germany's unemployment rate rose for 14 months to a postwar record of 12 percent in March before falling in April. At 38 percent, the average corporate-tax rate, including local taxes, is twice that in neighboring countries such as Slovakia and at 49,609 euros ($63,777) per worker, German annual employment costs are the highest in the EU, according to Deloitte & Touche LLP.

Schroeder's government plans to lower the corporate-tax rate by 6 percentage points, though it's yet to agree with the opposition, which controls the upper house of parliament, on funding.

Before the May 22 elections in North Rhine-Westphalia, Germany's most populous state, the Social Democrats and their Green party coalition partners are trailing the opposition Christian Democratic Union and its ally, the Free Democratic Party, by 10 percentage points, a poll by opinion researcher Forsa showed today. The Social Democrats have ruled the state for 39 years.

Election Defeat?

``With outspoken anti-capitalist sentiment within his government coalition, Mr. Schroeder could find it difficult to return to a pro-reform course,'' Thorsten Polleit, chief economist for Germany at Barclays Capital in Frankfurt, said today in a note to investors. ``An election defeat in NRW could even question Mr. Schroeder's leading role in the forthcoming federal election in autumn 2006.''

Germans are ``skeptical, even dismissive of `capitalism', and still believe in the `social-market' model,'' Polleit said. Politicians from other parties, including Wolfgang Boehmer, the Christian Democrat prime minister of the eastern state of Saxony- Anhalt, have backed Muentefering's criticism.

Stern magazine reported last week that an internal Social Democratic Party document names the Carlyle Group, Apax Partners and Saban Capital Group on a list of private-equity funds causing harm to the German economy.

`Excesses'

Handelsblatt cited Eichel as saying that ``unregulated offshore centers where half of all hedge funds are based'' are ``excesses'' of capitalism.

Guenter Grass, the 1999 Nobel prize winner for literature, called on his fellow citizens to ``resist the might of capital, for which humans are only entities that produce and consume,'' the weekly newspaper Die Zeit reported today. Parliament has become ``a branch of the stock exchange,'' he said.

The head of Germany's BDA employers' association, Dieter Hundt, said on ZDF television April 28 that he was ``disappointed'' and ``angered'' by the criticism. ``What's happening in this country at the moment makes me want to vomit,'' he said.

``The latest anti-capitalism critique might prove to be more than just a pre-election rhetoric with effects confined to Germany,'' Polleit said. ``It runs the risk of introducing a phase of a serious disenchantment with an actively sought reform process, in Germany as well as in Europe.''

Progress at ``structural reform'' has also been slow in the dozen-nation euro region, the International Monetary Fund said at its spring meeting in Washington last month. The IMF pared its forecast for the euro region to 1.6 percent, from a September estimate of 2.2 percent.

To contact the reporter on this story: Rainer Buergin in Berlin at rbuergin1@bloomberg.net. Last Updated: May 3, 2005 10:19 EDT

©2005 Bloomberg L.P. All rights reserved.

Offshore traders in the raw

Ready access to cheap bank credit will lead to another commodity crisis in China, warn Hong Kong financiers.

Global commodity prices are at 10-15 year highs and the market tipping the scales on demand is China. China's appetite for steel, petroleum and downstream petroleum products has doubled in two years. The country has become the world's largest consumer of copper, aluminum and cement, and last year overtook Japan as the world's second largest importer of oil. It is also the number one buyer of soybeans.

The Chinese government is aware of the need for raw materials to fuel its economic growth and is passing new rules to facilitate more trade. In January last year the number of categories of import commodities subject to licensing controls was reduced from eight down to five.

Financing this trade is inherently more risky than traditional trade finance of manufactured goods. There is volatility in the underlying spot price of the materials, production is subject to cyclical and seasonal swings, some materials (like foodstuffs) are perishable, and the trades are much larger in overall size. The other risk is bad behaviour by opportunistic middlemen. "There has been a tendency for some small Asian trading companies to dodge off their obligations," says one Hong Kong banker. "They like to make a profit on the growth in demand for certain commodities but when prices go against them they sprint for the woods."

China is no stranger to commodity crises. In June last year 90%, of Brazil's soybean exports to China were blocked following accusations that the shipments were contaminated. Media speculated that China was reneging on contracts in order to bring down the world price in soybeans. Eventually the ban was lifted and trade resumed, but only after several commodity trading companies renegotiated the price of their shipments - dropping their prices by as much as 20% in some cases. The incident also left underwriting banks waiting nervously until outstanding letters of credit had been settled.

Before the soybean crisis there was a steel crisis and a copper crisis. One of the common characteristics of these crises is the involvement of smaller trading companies. Opportunists that speculate on a commodity regardless of their expertise in the product. These speculators squeeze the margins made by the trading community, flood the market with the product, push up the global price of the commodity and cause a collapse.

The fever currently surrounding commodity trade with China has some people worried that the mistakes made in Russia might be repeated in Asia. In the mid to late 1990s Russia was where China is today, an emerging market with a large population to feed and supply electricity to, and billions of dollars of infrastructure projects under construction. Trading companies of all shapes and sizes began speculating on commodities, particularly oil. Banks were offering five-year financing at 3% over Libor. When the supply/demand balance tipped, banks and traders were hit.

The activities of smaller unscrupulous trading outfits are a frustration to larger more sophisticated international commodity traders such as Noble, Cargill and ADM. Today, these traders are very active in China. They play both sides of the game, selling to end users around the world but also controlling the supply by signing off-take agreements with producers in China and guaranteeing the purchase of a product for a certain period of time. This has been an effective way for producers to finance their expansion. The large trading companies also act as suppliers to processing plants, importing raw materials to mills and refineries and then purchasing the output for export.

The presence of these large traders, and China's growing demand for commodities, has brought a lot of interest from banks. Specialist banks like Rabobank, Fortis and BNP Paribas have been financing commodities in the region for many years. And now the big global banks are reshuffling their desks to take advantage of the trade. HSBC has set up a global commodities business in London under Jean-Francois Lambert and in April will appoint a regional manager for Asia. Meanwhile, Citigroup hired Willem Klaassens from Fortis in London and moved him to Hong Kong where he is building a dedicated team. Other banks are dipping their toes in the water via their structured trade finance divisions. "Like many others, we are responding to the increased volumes in commodity trade in Asia," says Alistair Currie, head of trade services for HSBC in Asia Pacific. "We already provide commodity financing for clients, but are now stepping this activity up within a standalone structured trade finance unit covering the region. Client demand justifies the separate focus in addition to our standard trade business."

While the big foreign banks have cut their teeth on financing exports from China, they are now keen to finance imports, and that means taking on more risk. It's a risk that only a few will stomach - those big players with the backing of large balance sheets or the specialist banks that are masters at risk assessment. This ultimately means more finance is being made available to Chinese buyers. "In the past, the receivables had to be offshore before banks were prepared to take the risk," says Klaassens from Citigroup. "Now some banks don't mind getting repaid in China."

At the same time, banks are moving into different commodities. While base metals are less risky to finance because they don't get stolen and don't perish, there are other raw materials that have attractive risk dynamics. "Commodities that are being bought for the long-term economic betterment of the country, rather than for pure price speculation, are generally good bets," says Currie at HSBC. "Oil and foodstuffs are in high demand and all concerned in this trade for direct consumption have an interest in keeping these financing activities viable and scandal free."

The big banks are doing what they can to keep their powder dry. Assessing the risks of a commodity trade involves more than just conducting credit analysis on the trading company and the buyer. The credit department needs to look at the risks of the underlying commodity and the logistics of delivery. Banks are following different risk mitigation strategies from sticking with a core group of large trusted clients to financing certain commodities. "We only deal with buyers who have a significant relationship with our key MNC customers and we tend to stick to commodities listed in the London Metal Exchange like gold and copper," says Astar Saleh, regional head of structured trade for JPMorgan, explaining the bank's strategy. "We don't offer pure inventory financing in Asia unless we partner with a local bank."

Risks can also be mitigated by dotting Is and crossing Ts, says Currie at HSBC. "If you meticulously manage your operations, ensuring that the trade is supported by the right documentation and other key aspects like legal, insurance and compliance have been properly covered, then you can usually avoid trouble, but not always."

Following strict risk guidelines becomes harder when the competition for commodity business is so hot and margins are being squeezed. While the big banks make it a policy of following procedures regardless of market sentiment, the fever pitch is a concern, says Klaassens at Citigroup, who lays some of the blame for commodity crises, like the 2004 soybean mess, on banks. "As a banking community we should stick to our pricing and stick to our standards," he says. "If finance is too easily available to disreputable companies and at a cheap price then more people get hurt when a crisis hits."

Nobody is prepared to say whether a commodity finance crisis truly is looming in China and what impact a bust would have on the rest of the world. Back in the late-1990s Russia was able to export its way out of the crisis, an option not open to China now that it is so reliant on imports. "These sort of calamities can take 10 years to turn around," says one banker. "The big banks may not lose money because they stick to their pricing regimes and their risk controls, but it isn't much fun trying to do business in a commodities market that booms and busts."


© Copyright FinanceAsia.com Ltd

Offshore bank accounts to get some share of $10 trillion in inheritance transfers

Business New Haven 05/02/2005

Can't Take It with You As the largest wealth transfer in history looms, federal and state inheritance laws struggle to adapt

Melissa Nicefaro

America is on the cusp of the largest transfer of wealth in history.

Over the next decade, baby-boomers will inherit somewhere around $10 trillion. The exact amount is unknown, but unquestionably vast. In the early 1990s Cornell University economists reported that baby-boomers' parents would pass along more than $10 trillion to their heirs. By the late 1990s Boston College professors had calculated that the sum was actually closer to $100 trillion.

Eric Tashlein, managing member and principal of Connecticut Capital Management Group in Milford and president of the Financial Planning Association of New Haven, is already beginning to see signs of the great passage.

"There is $10 trillion that, in the next years, is expected to be inherited by the baby-boomers," says Tashlein. "We're starting to see that now. Some of that translates into new cars and other folks see themselves as stewards for the money and don't go out and spend it all.

"I see a combination of both, but I'm seeing a lot of inheritance," he adds. "Baby-boomers love to spend money, so it'll be interesting to see what happens when it comes over."

The sudden appearance of large sums of money, very much like hitting the lottery, can pose a challenge for the person on the receiving end. If the estate's value exceeds $1.5 million, there is a federal inheritance tax and a small tax to the state of Connecticut.

"The challenge all depends on if their parents did proper planning," Tashlein says. "Hopefully the family communicates. It's always a great idea to have a family meeting with advisors there with the parents and children. The parents' hopeful expectations for how the money should be used will be spelled out. In the real world, this doesn't always happen."

It may not be an easy conversation to have with your parents or your children, but wills cover only part of leaving an inheritance. Though wills clearly say who is to be bequeathed what, the will doesn't always convey the wishes of the giver regarding what is to be done with the money or other parts of the estate once it's been transferred.

"We like our clients to have family meetings," says Tashlein. "We've seen many inheritances handled well and others have been squandered. There are psychological issues with sudden money, and I would suggest to everyone have goals for the money - spend some and save some."

Tashlein says that inheritance money is most frequently spent on cars, homes, vacations and investments.

It is important to many older parents to know that their estate, no matter how large or small, is going to be wisely spent and will see their children living in comfort into their older years.

Edward Renn, a principal with the New Haven tax law firm Withers Bergman, handles the planning that results in the wealth transfer. Often Renn goes on to represent the recipients of inheritance, the younger generation, as they take over the family business and inherit the structure of their parents' or grandparents' estate.

"Most of my clients who are inheriting money from their parents or grandparents are inheriting in a trust and there's not that much going outright to children," Renn explains. "The trust provides creditor protection if the children get divorced, are sued for malpractice or go bankrupt. The money Mom or Dad left in the trust is protected and serves as a vehicle that, with proper planning, if the children don't use it up, they'll be able to pass it to their children without paying estate tax."

Still, there are not many loopholes to avoid taxation, especially when the estate's value exceeds $1.5 million.

"The system is designed so that one way or another, they [the state and federal governments] get their bite," Renn says. "That's why it's a unified system with gifts and estate. If you could just gift it away and avoid the estate tax, everybody would be gifting it away. If you died suddenly, you wouldn't have the opportunity to do it, but otherwise, people would be in the hospital, signing documents and making gifts."

As a general rule, good estate planning is about transferring assets earlier rather than later so that all the appreciation belongs to the children's rather than the parent's generation. As Renn says, "The things we like to see passed to kids are the growth assets, the aggressive stock portfolio, the family business that is growing rapidly, the real estate that's likely to be the next office park. That's better than the two-family rental house or the bond portfolio or the CD. Those are just going to throw back the six or seven percent and that's that."

The vast majority of estates go to surviving spouses, children and grandchildren. Some clients do have charitable intent, Renn says, but few leave their entire estates to charities. In most cases, they'll leave some percentage or fixed dollar amount.

Those with smaller (less than $1.5 million) estates face no federal tax, state estate tax or succession tax unless it's from complete strangers (see accompanying article). The only costs involved here are probate charges. Somebody who passes an estate with a modest house and a small portfolio totaling $500,000, will face a nominal fee - around $1,000.

"Unless they have a very complicated pattern," Renn says, "it doesn't cost a whole lot to move that asset."

Probate in Connecticut is not a very expensive procedure compared to some of Western states where it's calculated as a percentage of the estate. It depends on the type of property and the relationship of the person inheriting to the person doing the giving.

Compared to other states, Connecticut is not a particularly bad state, but it's not a tax haven either, according to Renn.

"In Florida, there's a constitutional provision that prohibits addition of a new tax without amending the [state] constitution. They're stuck with an estate tax that doesn't do what it used to do and they have no income tax. Very often people will have vacation homes in other states like Florida, and if they don't plan properly, they have to go through the probate procedure in two different states. If they go ahead and move that property in the ancillary jurisdiction into a trust, they can avoid probate."

The cost of the trust is often much less than the cost and hassle of probating in another state.

Says Renn: "It's not the cost to the probate courts. It's the filings, the tax returns, being under three different state tax systems. It's not pretty."

Inheritance Laws

They say two things are certain: death and taxes. If so, nothing could be worse than facing those two certainties at once.

The good news is that if you inherit less than $1.5 million, you pay no estate taxes in Connecticut.

In fact, a married couple, as long as both are U.S. citizens, can pass any amount of money to each other without paying estate tax.

"That's called the unlimited marital deduction," explains Edward Renn, a tax attorney with Withers Bergman. "A husband and wife can pass a billion dollars and no taxes will be due. Once you get beyond that, this year it's to $1.5 million, in total to any number of beneficiaries without being hit with federal taxes."

The cap is frequently changing as a plan to eliminate the estate tax exemption works its way toward 2010. For 2004 and 2005 the cap was $1.5 million. In 2006, the exemption ceiling goes up to $2 million. In 2009, any estate under $3.5 million is exempt and by 2010, there will be no more estate tax, unless Congress votes to renew it. When Congress passed the legislation in 2001, estate tax was assessed on any taxable estate of more than $675,000.

"That's called the applicable exclusion amount, or the unified credit," Renn explains. "The taxing system on the federal side is a unified system in that they pay attention to your gifts as well as your inheritance. Of the $1.5 million tax exemption you have from the feds, you can use only $1 million for lifetime gifts. There is an annual exclusion of $11,000 per year which will probably go to $12,000 next year, depending on what inflation does. I suspect it will make it next year."

Connecticut has two "inheritance" taxes: the estate tax and the succession tax. The succession tax affects only people leaving assets to distant relations or unrelated individuals. A longtime couple who is not married, same-sex couples, or an uncle who has no family and leaves money to nieces and nephews will face succession tax.

Charitable Giving

While many (though not all) sons and daughters stand to inherit countless riches in years to come as their wealthy baby-boomer parents begin to pass from the scene, they will be paying less in estate taxes. Though a full repeal of the federal estate tax planned for 2010 is good news to most, one group stands to suffer: charities.

In July 2004, the Congressional Budget Office (CBO), at the request of the Senate Finance Committee, examined the effect that changing the estate tax would have on donations to charity. Because charitable bequests lower the taxable amount of estates, the tax gives people an incentive to contribute to charity at death rather than leave assets to heirs. The estate tax is thus an incentive to make charitable contributions during life.

The paper calculated that increasing the amount exempted from the estate tax from $675,000 to either $2 million or $3.5 million would reduce charitable giving by less than three percent. Repealing the tax would have a larger impact, decreasing donations to charity by anywhere from six to 12 percent based on 2000 contribution figures. Adjusting the figure to forecasted 2010 contributions would put the loss closer to 22 percent.

This has Nancy Roberts, president of the Connecticut Council for Philanthropy, understandably concerned.

"The Congressional Budget Office did this study in 2004 to look at what would happen to giving to non-profits without the estate tax and they found that there would be a 22-percent hit to the non-profit sector," Roberts says. "If the estate tax is eliminated, that's 22 percent now going to non-profits that will not be going to them."

In 2002, 2,124 Connecticut residents left their entire estates - totaling nearly $4.6 billion - to charity. Connecticut residents also made 410 charitable bequests totaling more than $383 million in 2002. Connecticut's totals grow about two percent each year, according to Roberts.

Tax havens and money laundering

El Pais Spain | JOAQUIN ESTEFANIA

The first initiative President George W. Bush sought to impose after the September 11 attacks was that of financial vigilance, i.e. the control of money being handled by terrorists. This was easier said than done, given that much of this money is in tax havens, and there is no legislation to control it. With their usual pragmatism, the Americans made some changes. The Patriot Act placed banks under the obligation to report any "suspicious" activity; and the law reforming the secret services, enacted late last year, contained a clause that allows the government discreetly to inspect international bank transactions to detect supposed terrorist activities.

The laundering of "black" money is not just an illicit financial operation; it also stimulates criminal activities and spurs organized crime. The authorities have never really tried to make public opinion aware of its real significance. Right now, in Spain, the police and judiciary are forging ahead with the so-called "Operation White Whale," aimed at searching out the origins of a vast network of "black money," apparently of largely criminal origin, in the southern coastal resorts of the Costa del Sol. This network might appear to be unusual. But in fact these sorts of money laundering operations are an everyday occurrence.

According to data from the Association for Taxation on Transactions in Aid of Citizens (ATTAC), "the most prudent calculations, though difficult to verify in a field where the law of silence reigns, indicate that the global volume of dealings in money proceeding from the illicit activities of different criminal organizations, what may be called the Gross Criminal Product, amounts to no less than E 800 billion annually, equivalent to 15 percent of world trade."

ATTAC estimates that the quantity of money deposited in tax havens amounts to five trillion dollars, some 2.4 million front companies being registered in these places. Loretta Napoleoni, who has studied the economic theory of terrorism, speaks of a $1.5 trillion system, with this huge sum being made up largely of drug trafficking, but also involving oil, arms, precious stones and human beings.

Faced with this, the Spanish government has just implemented a European Union directive from 2001, with the aim of strengthening the coordination between different professional sectors of society (lawyers, notaries, banks, magistrates) in a bid to close all channels for the laundering of criminal capital.

Resolving the clear contradictions between this directive and the daily conduct of civil society (the professional secrecy or confidentiality of lawyers, notaries, etc.) was the stated objective of a well-attended debate held last week at the Madrid College of Notaries.

Here, the members of the Spanish notarial profession considered the absurd paradox involved in imposing more or less strict vigilance on companies registered in the offices of Spanish notaries, while at the same time allowing the operation - to all legal effects and in complete impunity - of some 100,000 implausible companies registered in Gibraltar, the final traces of which are always lost in some banking institution in the tax havens. Or the existence of front companies in Europe (Isles of Man or Jersey, Andorra, Liechtenstein, Monaco, San Marino, Malta, Cyprus) and in Delaware in the United States, which do not comply with the security and identification requirements normally demanded in most major states, and which have no controls or operative restrictions.

Some days ago, the ATTAC representative in Spain presented to the secretary of state for the economy, David Vegara, a set of proposals for tighter controls: the standardization of national legislation concerning financial crime via the adoption of preventive measures (registry and follow-up, European public control of financial clearing-houses, prohibition of banks accepting funds from tax havens, or opening off-shore subsidiaries); creation of a European agency dealing with tax fraud; lifting of bank secrecy, with the threat of punishment of non-cooperating states; and compulsory transparency by firms regarding the activities, subsidiaries and capital invested in risk countries.

Should these norms not figure among the basic standards of good corporate governance, which has recently been the focus of so much discussion?

http://www.elpais.es © 2005 El Pais Copyright © 2005 The International News Alliance. All Rights Reserved.

Growth in Kuwait offshore bank accounts

Recent years have witnessed a growth in both the size and sophistication of the region's banking industry. The 45 listed banks across the six GCC countries, which we are covering in this GCC Banking Sector Report, had an aggregate asset size of US$354.3bn at the end of 2004, having grown by 14.8% over 2003. These banks had aggregate net profit of US$8.9bn in 2004, having grown by a healthy 38.6% over 2003.

The major highlights of the region's banking industry are as follows:

i. Low business diversification
The business diversification of the GCC banks remains relatively poor. 'Plain vanilla' credit products and services constitute the bulk of the region's banking activities, with particular focus on short-term loans. Investment activities are almost restricted to government bills and bonds, along with investment-grade securities in mostly international markets. Trading positions are generally limited. Activities such as sophisticated structured financing, advisory, asset and fund management, fiduciary and custody services are at a nascent stage. Top-tier banks are now placing particular emphasis on the development of domestic asset management competencies. Internet banking has reached a high level of use in the GCC, compared with other emerging markets.

ii. Controlling ownership by government and influential families
The shareholding structures of the GCC banks are often dominated by two groups of owners - governments or government agencies, and influential ruling or merchant families. Government ownership enables them to intervene and support their banks during a crisis. On the other hand, shareholdings of leading business families leave banks vulnerable to potential related-party lending and shareholder meddling in credit policies.

iii. Constrained by relatively small size
While the balance sheet sizes of most banks in the region have grown in recent years, reflecting their business growth, they are still small compared to their Western counterparts. The foreign assets as a proportion of total assets have generally trended down for the GCC as a whole though Kuwait, Oman and Qatar are exceptions to this general trend. Legal barriers to entry and family ownership are certainly the main causes of the very slow emergence of a regional playing field.

iv. High concentration
Banking businesses in the six GCC countries are concentrated locally. The single notable exception to this trend has been the asset concentration profile of banks in Bahrain, thanks to the many Offshore Banking Units (OBUs) operating from that country. The aggregate foreign assets of banks in the six GCC countries, while growing at a CAGR of 4.9% during 2001-'04, have generally trended down as a proportion of the total assets of the banks during the period, indicating a larger concentration of their business in their respective geographies. The most price-competitive market is undoubtedly that of the UAE, which is overbanked, with 47 financial institutions serving a population of about 4.3 million inhabitants.

v. High capitalization
As far as capitalization is concerned, the GCC banks usually keep high capital bases as a cushion to absorb unexpected losses. The median capital adequacy ratio (CAR) for the GCC banks was estimated to be 16.5% in 2004. Banks in Oman and Qatar had a higher CAR. It could indeed be necessary for the GCC banks to maintain such high levels of capital, given the uncertain economic and geopolitical environment..

vi. High profitability
The GCC banks have shown consistently high financial performance in the past decade. They achieved an average return on assets of about 1.5%-2% during this period, which compares favorably with international standards. The most profitable banks are those in Saudi Arabia, Kuwait, and UAE. Strong profit generation has resulted from high margins, low cost of funds and labor, and the absence of income tax.

vii. Improving asset quality
Asset quality has improved in the recent years. Non-performing loans for banks across GCC have trended down in the last three years - more than halving from 7.9% of gross loans in 2001 to 3.5% of gross loans in 2004. Improving management of credit risk, limited appetite for the most risky sectors and products, satisfactory economic environment, and high liquidity of recent months have been at the root of this positive trend.

viii. Strong funding profile
The GCC banks have traditionally been characterized by strong funding profiles. The main source of funding so far has been customers' deposits. Customers' deposits have traditionally constituted a high proportion of the total liabilities of banks. The highly stable customer deposits have meant steady deposit-base and low cost of funds for the banks. But this is set to change. The banks' lending portfolios are experiencing a gradual increase in maturity following the rapid expansion of consumer loans accelerating the need for longer-term funds. Alternative funding is developing through certificates of deposits, syndication, and even international bond issues.

ix. High proportion of non-interest bearing deposits
The GCC banks have a key advantage in funding, that is, access to a large amount of non-interest-bearing deposits (NIBs). The main driving force behind the large amounts of NIBs, seems to be the religious tenets in Islam.

x. Healthy liquidity profile
The GCC banks have traditionally seen a healthy level of liquidity, partially as a result of the boom in oil prices in the 1970s, as well as a low level of leverage. Thus, the region's banks never had to compete fiercely to attract customer deposits. Another characteristic is the high stability of these deposits, despite periodic geopolitical pressures and recurrent episodes of strife in the region.

xi. Unrealized potential of corporate banking
Competition in corporate banking in GCC has been fierce for decades. But it has been a competitive, cyclical and narrow business line in the region. Consequently, the GCC banks' loan portfolios are still dominated by corporate and public sector loans. With the noticeable exception of Saudi Arabia, GCC corporate banking markets remain narrow, and attractive new deals are scarce. Despite several deterrents, there are good opportunities to provide far wider range of corporate banking products and to develop the small and midsize enterprise (SME) segment business. In their corporate banking business, most GCC banks suffer from a widening of maturity mismatches between funding and lending.

xii. Retail banking coming into its own
Banks in the GCC have benefited from the shift to retail banking on many fronts. Retail banking has been a profitable means of revenue diversification out of the more risky commercial banking, given the limited amount of risks it carries. It has also been a major stabilizer for banks' bottom lines through the business cycles, thus placing the GCC banks in a position to become more resilient to internal and external shocks. To cope with this, banks in the region have made heavy investments in conventional and electronic delivery channels, as well as in risk management systems and marketing know-how.

xiii. Mortgage lending in early stages
Mortgage credit is far less developed than other types of retail loans in GCC banks, because of the difficulties that banks have in initiating court proceedings and in foreclosing on residential real estate collateral..

xiv. Islamic banking
Islamic banks follow the Sharia principles. These banks have a clear competitive advantage over their conventional competitors. While conventional banks attract all kinds of depositors, Islamic banks' customers are more sensitive to the Islamic Sharia principles. As a result, Islamic banks have access to larger volumes of NIBs relative to their asset size, than do the conventional banks. This leads to very high spreads for the Islamic banks. The Islamic banks have also given rise to hybrid funding instruments. One such instrument is the 'profit-sharing investment account' (PSIA), which exhibits a combination of debt- and equity-like features in the same instrument.

xv. Nascent stage of capital markets
A limited role played by the capital markets, which are still at early stages of development, constraints the banks' ability to expand at a time when they must raise additional funds to meet their growing financing needs and increasing competition. Banks have so far met the bulk of the financing needs of companies active in the GCC region. Many family businesses are seeking listings on region's stock exchanges. More government companies are either being sold to the public or listed as possible candidates for privatization. In addition, new capital market laws are being implemented and existing laws strengthened to allow domestic companies to raise additional funds.

xvi. Benefit of high growth trajectory of GCC countries
All the six GCC countries have seen a high trajectory growth over the last two years. This has predominantly been on the back of high oil prices. Budget surpluses and growing populations have made the respective governments go for higher spending on infrastructure and utility projects. Big-ticket projects that have either been announced or are being executed benefit the banks in the region tremendously, as these offer the banks sizeable and profitable project financing avenues.

xvii. Strong systemic support by governments
Government support for banks is strong, reflecting the dominant role of the governments in the GCC economies. Besides the central banks offering liquidity support in times of need, the GCC governments have both injected capital and replaced doubtful loans with government bonds. This has been more so where the governments hold a major shareholding in the bank.

xviii. Poor disclosure levels
The GCC banks need to address some accounting- and disclosure-related issues. Shareholding structures are often undisclosed, details on impaired assets and provisioning policies remain limited, and Islamic banking accounting principles and practices lack regional standardization, which makes comparability with traditional banks difficult.

Asian giants join forces to face currency attacks

ISTANBUL: Japan, China and South Korea joined forces on Tuesday to bolster Asia's defences against attacks on its currencies, setting aside political tensions that had threatened to derail regional economic cooperation.

Finance ministers of Asia's largest economies agreed to closer cooperation on the Chiang Mai Initiative (CMI) - a regional foreign exchange swap pact to combat speculative runs on currencies like those that swept the region in 1997/98.

That sets the stage for their meeting on Wednesday with the Association of South East Asian Nations (Asean) which a senior Indonesian central banker said was likely to approve plans to double the size of the swap arrangement to over $US70 billion ($NZ97 billion).

"We are proposing to double the size. Right now the total fund is $US35.9 billion," Hartadi Sarwono, deputy Indonesian central bank governor, told Reuters.

The success of the plan depends almost entirely on the economic might of China, Japan and South Korea, among the world's biggest holders of foreign exchange reserves.

South Korean Finance Minister Han Duck-soo, who hosted the meeting of three Asian economic powerhouses, confirmed that there were plans to increase the size and scope of the swap pact.

The run-up to the meeting had been overshadowed by speculation about China's plans to reform its yuan currency and diplomatic disputes.
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Relations between Japan and China plummeted to their lowest level in three decades in recent weeks over a series of disputes, including Tokyo's treatment of wartime history, which is also a bone of contention in ties with Seoul.

But Japanese Finance Minister Sadakazu Tanigaki said the political rivals would pursue economic cooperation that is crucial to stability in the world's fastest growing region.

"Whatever happens, we need to promote financial cooperation even if there are issues," he said.

ADB officials said the tensions would not affect their role as guarantors of regional financial stability under the five-year-old Chiang Mai Initiative.

South Korea's Han said finance ministers of the Asean+3 wanted to revamp the process of throwing financial lifelines to countries in distress.

"We want a collective decision-making process...more transparency," he said.

Some Asian governments want to turn the web of swaps into a fledgling Asian monetary fund so the region is not dependent on the Western-dominated International Monetary Fund in times of crisis, as was the case in 1997-98.

Asia's massive $US2.5 trillion in foreign exchange reserves, about two-thirds of the world's total, has given the region more economic and political clout on the global stage.

But ADB officials warned that this mountain of hard currency would not always shelter economies from storms such as the Asian crisis in which capital fled the region, wiping away years of development in weeks.

The ADB's chief economist said Asia had even allowed its reserves to grow too large.

"They have grown far beyond what is (the) optimal level. It's basically a reflection of a lack of imagination, a lack of innovativeness and to some extent a lack of self-confidence," Ifzal Ali told Reuters.

Finance ministers and central bankers from dozens of Asian countries are converging on Istanbul for a three-day ADB meeting which begins on Wednesday.

Markets will wait for any comments at the news conference on currency policy, with speculation on a yuan revaluation reaching fever pitch after China's central bank governor said last month there were no serious political obstacles to yuan reform.

Han said the finance ministers from Japan, South Korea and China did not discuss the yuan in any detail.

Investors betting on an immediate change in the yuan regime scrambled to buy the Chinese currency in the offshore forward market in Europe as London dealing rooms re-opened after a market holiday on Monday.

The premium on three-month yuan non-deliverable forwards, derivatives used by foreign investors to bet on a change in China's currency, hit a record high to price in a 2.7 per cent rise in the yuan, which is pegged at 8.28 to the dollar.

China has said changes to its yuan policy would take into account any impact on Asian neighbours, who have been less strident in their demands for currency reform than the United States and Europe.

Beijing and Tokyo have moved to ease tensions after anti-Japanese protests across China last month appeared to threaten economic links worth $US212 billion in annual trade.

Automating camera surveillance for social control and military domination

By Andrew Kalukin Online Journal Contributing Writer

April 29, 2005-Though some organizations have objected to video surveillance of cities and borders, the public is less aware that recent computer vision innovations are making it possible to data mine surreptitiously acquired movie data in possible defiance of the Fourth Amendment.

The United States government has lavished generous funding upon video surveillance technology in hopes of revolutionary advances in data mining and robotic vision that would allow nationwide surveillance of public areas. Defense industries attempt to apply such technology to autonomous, robotic combat vehicles that can fight "bloodless" wars, ostensibly sparing the lives of American soldiers.

Controversial programs such as the Pentagon's Total Information Awareness program were renamed to escape the scrutiny of Congress and the public. Though the public alarm generated by 9/11 and the USA Patriot Act accelerated the implementation of surveillance technologies such as face recognition, research and development in automated video detection has spanned several decades.

Video surveillance technology and automated face recognition are already in place in major cities in the United States and Europe, sometimes with the approval of residents who have been induced to fear terrorism and crime more than surveillance. The obsession with surveillance has been demonstrated recently by the vigilantism of the Minutemen and the American Border Patrol, self-appointed border patrol agents who use, among other devices, cameras mounted on unmanned aerial vehicles (UAVs) to detect illegal immigrants from Mexico.

To a casual observer, surveillance cameras resemble lampposts. Some of the cameras have a 360 view and magnify by a factor of 10-17 compared to human sight at that range [1]. Some are equipped with night vision; they can zoom in on a target well enough to read text on a written page or look into a building.

In Washington, D.C., for example, most are placed at locations that would not come to mind as primary terrorist targets: Smithsonian Castle, L'Enfant Plaza, the U.S. Department of Labor, Dupont Circle, Union Station, Wisconsin Ave., the Old Post Office, the Banana Republic in Georgetown. Though the targets they view may not stand out as particularly vulnerable to terrorism, the cameras are placed strategically for the purpose of monitoring demonstrations and protests-one of the first occasions for their use was a demonstration in April 2000, against the World Bank and International Monetary Fund. Supplemental data from the U.S. Park police monitoring demonstrations by helicopter are sent as digital feed to the Metropolitan Police Department. The D.C. police, the FBI, the Secret Service, and the D.C. school system agreed to pool data together as needed [2]. Though the police have stated there are only a dozen cameras, these cameras can link to about a thousand other government cameras to make up a network of equipment that might be found in a NASA or defense command center [3].

Similar systems exist in other cities for the same purpose. During antiwar protests in Boston at the 2004 Democratic National Convention, the police informed the media that camera systems would be used to guard against acts of terrorism [4]. According to the antiwar organization A.N.S.W.E.R. (Act Now to Stop War and End Racism), photographs of protesters from past marches were circulated to bus drivers and other mass transit employees, to train the employees to recognize "terrorists." In Manhattan, a person walking on a street is always in view of at least one of 2,400 cameras [5]. Chicago officials plan to install by 2006 a highly advanced system of video surveillance that will alert the police to "suspicious" behavior: wandering aimlessly in circles, lingering outside a public building, or pulling over on a highway [6].

In reaction, privacy advocates who view these surveillance measures with alarm have begun to publish the locations of surveillance devices in major American cities, to allow others who object to the technology to chart surveillance-free paths through the streets. Even if someone were willing to take this precaution, there is no guarantee against hidden or fake cameras unaccounted for in planning the route.

The privacy issues surrounding CCTV become more complicated when computer vision technology is applied to surveillance. A controversy resulted in 2001 when authorities used face recognition technology and CCTV at a Tampa Bay Superbowl game to search for criminals and terrorists [7]. The action led to 19 arrests, all of them for petty crimes, with no record of whether these arrests were legitimate. The ensuing public furor led several legislators, such as Dick Armey, to propose laws for protecting privacy and regulating the use of biometric technology. Recent mass breaches of sensitive identification data by large information brokers such as ChoicePoint and LexisNexis imply possible serious compromises in future handling of surveillance data.

When the results of video searches are combined with other existing databases, powerful methods of identification and tracking become possible. Unique body marks make identification much easier. In Fort Worth, Texas, police can track gang members by applying a software package called "GangNet" [8]. By typing a description of tattoos into the database, the software can produce pictures of members wearing those tattoos; similar searches can be performed on nicknames, vehicle numbers, telephone numbers, or partial license plate numbers. Salinas, California, received federal funding for a Geographic Information System to carry out crime tracking of gangs [9]. In Manalapan, Florida-one of the nation's wealthiest cities-cameras and computers have been set up to run background checks on every car and driver that enters [10]. The system alerts a 911 dispatcher if the car is stolen or the driver is suspected of a crime. Infrared cameras record each car's license tag number, and other cameras photograph the driver.

Sensor mobility adds another dimension. In 2003, Ohio transportation officials began testing the use of unpiloted aircraft equipped with video, infrared cameras, and other sensors, to monitor traffic jams [11]. The information from aerial monitoring is intended to help police looking for the best route to an accident scene, as well as traffic planners, emergency workers, truck companies and commuters. Some of the planes-"drones"-are as small as model aircraft.

The military can use drones to send back real-time images of battle to commanders. In November 2003, the CIA used a drone to fire a missile into a car containing six alleged al-Qaida members. Unmanned aerial vehicles-UAVs-have attacked high-priority targets in Afghanistan and Iraq [12].

In December 2002, Senate Armed Services Committee Chairman John Warner (R, VA) indicated interest in using drones for homeland security [13]. In January of 2003, as a cost-saving measure, a US Congressional Research Service report suggested replacing manned fighters flying combat air patrols (CAP) over US cities with UAVs armed with air-to-air missiles. It is unclear whether the FAA would have authority over the UAVs in such a program. Furthermore the UAVs may be too small to be seen and fly too low to be detected by radar; the possible use of UAVs to deliver biological and chemical attacks has been a concern of the federal government [14].

Though the cameras used in unmanned aircraft have been remotely piloted vehicles (RPVs) unequipped with artificial intelligence processing, efforts to develop robotic autonomous vehicles are being funded by DARPA [15]. The Future Combat Systems program of the army advertises as one of its missions the development of Reconnaissance and Surveillance Vehicles (RSVs) supporting advanced sensors that detect, track, locate, classify, and identify targets under all climatic conditions, day or night.

Military and local law enforcement agencies already use video surveillance to automate threat response. In Broward County, Florida, Port Everglades selected ObjectVideo VEW software to protect its perimeter [16]. The software contains a tripwire feature that allows security personnel to create virtual perimeters on land and water by drawing a box on a digital view of what the camera is observing. Unknown people or vehicles crossing the tripwire boundaries signal an alert.

Archival video data are vulnerable to the same trends in industry and government that have led to information being sold as a commodity. Information about individuals is sold and traded routinely for marketing, charity solicitations, and political polling. Individuals may find more difficulty controlling the distribution of archived surveillance imagery, where the data are more likely to be collected surreptitiously. The breakdown of privacy in the trade of personal information already makes it possible for government agencies, such as the FBI, to bypass the government ban against information collection for people who are not targets of investigation, by simply accessing personal information that is already commercially available.

Some of the controversies of video surveillance came to public attention during the congressional discussion of the proposed Total Information Awareness (TIA) research programs of the Pentagon. Several research programs in TIA exploited video pattern recognition. HumanID included research projects to recognize humans from a distance based on face and gait recognition, along with other biometric tools. Though public outcry caused the TIA budget to be canceled by Congress in September 2003, some of the programs continued under other cover, such as Novel Intelligence from Massive Data (NIMD), Non-Obvious Relationship Awareness (NORA), Adaptive Concept Understanding from Modeled Enterprise Networks (ACUMEN), Computer-Assisted Passenger Prescreening System (CAPPS II), and Multi-state Anti-Terrorism Information Exchange (MATRIX).

Among the pattern matching efforts was a project known as Video Analysis and Content Exploitation (VACE). The goal of VACE was automatic content detection and recognition in "video scenes of various indoor and outdoor activities involving people, meetings, and vehicles, and TV news broadcasts," according to the Advanced Research and Development Activity (ARDA) website. Research goals included recognition of people, event detection and understanding, video query, multi-modal video data mining, and object identification from motion. The VACE solicitations have closed, but as of December 2003, plans for workshops in VACE and other programs were still on the calendar for 2004.

Another military project for widespread video collection was offered as a DARPA BAA solicitation in May 2003-Combat zones That See (CTS). The goal of CTS is to develop video understanding of multiple data feeds arriving from many sources, to support military operations in urban terrain. The military is interested in tracking vehicles moving from one camera location to another. It is easy to see that the same techniques will be useful for tracking individuals walking across a city.

The ability to extract information from video images is so widely sought in the scientific community that the complete discontinuation of funding for similar programs seems unimaginable. The National Geospatial-Intelligence Agency has plans to post solicitations for geospatial information visualization and to award $2.5 million in FY05 and FY06.

Military applications of pattern recognition and video data mining continue to be developed by means of Department of Defense solicitations to contractors in the form of BAA, SBIR, and STTR awards. These programs include efforts at automating algorithms for detecting human intentions in subjects appearing in video films, for distinguishing decoys from targets, and for synchronizing many UAVs to carry out simultaneous reconnaissance and attack.

It is possible that in the future, covert or privatized TIA-like programs may escape the scrutiny of Congress. It also seems certain that computer vision will find increasing applications in autonomous vehicles, and that efforts will be made to find the limits in the abilities of robotic devices to carry out automated warfare.

Though video surveillance is a passive activity, the data mining of video records to profile individuals is surreptitiously invasive. Given the difficulty of detecting video surveillance systems hidden on the ground or in the air, it would be difficult to enforce restraints against misuse of such data by either private agents or governments. Most cameras and UAVs are invisible to casual observers. Though the components of surveillance equipment and software are cheap, the infrastructure to support exchanges of information across many databases and networks could be afforded only by large corporations or government institutions-this implies a potentially asymmetrical situation in which surveillance becomes a weapon of class warfare [17]. Hierarchies of privilege favoring race or class are built implicitly into existing surveillance systems-for example, homeless residents of a city are more often targeted by video surveillance systems than are other citizens.

Recent developments in computer vision, robotics, and pattern matching increase the possibility of drastic social transformations. The application of data mining methods to massive video data sets enables a sufficiently organized power to outmatch humans in carrying out surveillance. Though the robot soldier and the robot policeman are not yet reality, present technological achievements can lead to this future possibility.

In case these apprehensions seem too dire, it is worth remembering how easily other invasions of privacy such as drug testing have come to be accepted generally, even when they require active awareness by participants. Polls show that people are often willing to give up some privacy in exchange for the perception of better security [18]. Fears of terrorism, appeals to patriotism, economic incentives, and the insidiousness of visual surveillance prevent many people from questioning misuses of similar technology-especially when the government and corporations shroud their research and development.

Fortunately, there are alternatives to passive acceptance of a surveillance state. Early in 2005, top Senate Democrats criticized some secret satellite surveillance programs as wasteful and of doubtful benefit with respect to national security. The House of Representatives in Montana recently passed a resolution that strongly criticized the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act). Similar resolutions have passed in hundreds of other cities and counties in the United States.

Public awareness and grassroots resistance against implementations of automated video surveillance that are not accountable to public scrutiny will motivate politicians to legislate against misuse of surveillance technologies. Now that Attorney General Gonzales is willing to at least debate the removal of several insidious provisions in the USA PATRIOT Act, it may be an auspicious time for congressional discussion about the constitutionality and wisdom of implementing automated video surveillance on a wide scale.

Notes:

1. Progressive Review, April 10, 2002

2. http://www.observingsurveillance.org/

3. Washington Post, Feb. 17, 2002

4. Ralph Ranalli, Rick Klein, "Surveillance targeted to convention," The Boston Globe, July 18, 2004

5. Erik Baard, "Routes of Least Surveillance," Wired News, Nov. 28, 2001

6. Stephen Kinzer, "Chicago Moving to 'Smart' Surveillance Cameras," New York Times, September 21, 2004

7. John D. Woodward, Biometrics, 2003

8. Deanna Boyd, "Gang members tracked by new software," Fort Worth Star-Telegram, July 15, 2004

9. Marcus Nieto, "Public video surveillance: is it an effective crime prevention tool," California Research Bureau, CRB-97-005, June 1997, p. 10.

10. USA TODAY, 4/27/2004

11. Carl Weiser, "Drone research looks at traffic applications," The Enquirer, May 26, 2003

12. John Keller, "Unmanned vehicles: one of the hottest technologies going," Military & Aerospace Electronics, July 2004, p. 3.

13. Jay Stanley and Barry Steinhardt, "Bigger Monster, Weaker Chains: The Growth of an American Surveillance Society," January 2003, ACLU Technology and Liberty Program

14. Bret Baier and Liza Porteus, "Iraq Drones May Target U.S. Cities," Fox News, February 24, 2003

15. Jean Kumagai, "Sand Trap," IEEE Spectrum, June 2004, pp. 44-50.

16. Brad Grimes, "Smart video surveillance making gains," Washington Technology, June 4, 2004

17. Michael Perelman, Class Warfare in the Information Age, Palgrave Macmillan, January 15, 2000

18. Marcus Nieto, Kimberly Johnston-Dodds and Charlene Wear Simmons, "Public and private applications of video surveillance and biometric technologies," California Research Bureau, CRB-02-006, March 2002, p. 6

Andrew Kalukin is a scientist in Arlington, Virginia, who researches automated detection in video camera data. He can be reached at kalukin_99@yahoo.com. He publishes the website Automated Surveillance .

The views expressed herein are the writers' own and do not necessarily reflect those of Online Journal. Email editor@onlinejournal.com

Copyright © 1998-2005 Online JournalT. All rights reserved.

Germany wages war on tax shelters

By Bertrand Benoit

Published: April 30 2005 03:00 | Last updated: April 30 2005 03:00

The blonde woman's expression tells it all. Motionless as if struck by lightning, she is hunched in her brown plastic chair, eyes locked on her feet contemplating the end of her short smuggling career.

The discomfited woman, who cannot be identified for legal reasons, is one of thousands of Germans at the receiving end of the law as the country's perennially cash-strapped government steps up its war on tax dodgers.

Having left Basel for her home near Frankfurt last Wednesday, the 65-year-old pensioner had barely made it to Weil-am-Rhein, on the Swiss-German border, when Tobias Bühler, an armed German customs official, waved her car to the side.

Fishing in the woman's handbag, he pulled five envelopes, each containing €10,000 ($13,000) in €200 bills, as well as documents showing she had opened a deposit account at a Basel branch of Credit Suisse that day.

Further investigation will determine the origin of the money, but for Markus Ückert, from the general customs office in neighbouring Lörrach, there is little doubt: "We are not dealing with money laundering but banal tax evasion."

Long considered a legitimate pursuit, tax evasion has grown increasingly difficult - and increasingly perilous - as Hans Eichel, finance minister, has tightened the noose around reluctant payers.

Estimates put the amount stashed away by Germans, among the highest and most heavily taxed earners in Europe, at €300bn to €500bn, the bulk of which sits in accounts in Switzerland, Austria, Liechtenstein, Belgium and Luxembourg.

For Friedrich Schneider, professor of economics at the Johannes Kepler university in Linz, Germany's Schattenwirtschaft, or shadow economy, the sum of mercantile activities that elude taxation and social security levies totals €370bn a year, about 17 per cent of gross domestic product.

In 1999, spiriting away ill-gotten gains was made harder with the abolition of anonymous money transfers, forcing tax-dodgers to ferry cash and other liquid assets across the border.

Then, earlier this month, a law came into force giving investigators access to a nationwide database of private bank accounts, allowing them to determine how many accounts an individual holds at the touch of a button and without having to first establish a suspicion of tax evasion.

Last week, the Düsseldorf tax authorities disclosed that they were investigating 25,000 holders of life insurance policies suspected of being used to launder untaxed assets.

The bar rises again on July 1, with a European Union directive forcing EU member states and associated countries to share information on accounts held by non-residents.

The crackdown has had a deterring effect. Each year, repenting tax dodgers voluntarily register about €500m in untaxed income. Some 15,000 individuals have taken advantage of a 15-month amnesty that expired on April 1 to repatriate €1.26bn from foreign bank accounts.

Yet the amnesty brought far less than the €5bn Mr Eichel had hoped for and the bulk of Germany's mountain of Schwarzgeld, or "black money", remains undetected.

"For each euro we put our hands on, I do not want to know how much goes through," says Mario Wappner, one of Mr Bühler's three-man team, as he waves through some of the 30,000 cars that pass the Weil-am-Rhein crossing every day.

Once the team picks a traveller for closer examination, however, escaping detection becomes unlikely: if pointed interrogation, full body searches, and the dismantling of their cars yield nothing, then chances are Branco, a German Shepherd trained to find euro notes, will sniff out the hidden stash.

The lady in the plastic chair is one of the small but growing number of those who get caught. At Weil-am-Rhein, there were 290 last year, up from 152 in 2001 and a mere 26 in 1999.

Once the officers let her go - taking her €50,000 with her - the slow gears of German justice will creak into motion. She faces a fine of up to 10 per cent of the total for failing to declare liquidities in excess of €15,000. An investigation by her local tax office will almost certainly follow and if found to have evaded tax, she will face criminal proceedings, tax arrears, and more fines.

"She could have made her life easier by telling us about the money straight away," says Mr Ückert, shaking his head. "But they never do. They are far too afraid and so was she."

© Copyright The Financial Times Ltd 2005. "FT" and "Financial Times" are trademarks of the Financial Times.

Does the future belong to China?

A new power is emerging in the East. How America should handle unprecedented new challenges, threats-and opportunities.

By Fareed Zakaria Editor, Newsweek International Newsweek

May 9 issue - Americans admire beauty, but they are truly dazzled by bigness. Think of the Grand Canyon, the California redwoods, Grand Central Terminal, Disney World, SUVs, the American armed forces, General Electric, the Double Quarter Pounder (With Cheese) and the Venti Latte. Europeans prefer complexity and nuance, the Japanese revere minuteness and minimalism. But Americans like size, preferably supersize.

That's why China hits the American imagination so hard. It is a country whose scale dwarfs the United States-1.3 billion people, four times America's population. For more than a hundred years it was dreams of this magnitude that fascinated small groups of American missionaries and businessmen-1 billion souls to save; 2 billion armpits to deodorize-but it never amounted to anything. China was very big, but very poor. All that is changing. But now the very size and scale that seemed so alluring is beginning to look ominous. And Americans are wondering whether the "China threat" is nightmarishly real.

Every businessman these days has a dazzling statistic about China, meant to stun the listener into silence. And they are an impressive set of numbers. China is now the world's largest producer of coal, steel and cement, the second largest consumer of energy and the third largest importer of oil, which is why gas prices are soaring. China's exports to the United States have grown by 1,600 percent over the past 15 years, and U.S. exports to China have grown by 415 percent.

The most astonishing example of growth is surely Shanghai. Fifteen years ago, Pudong, in east Shanghai, was undeveloped countryside. Today it is Shanghai's financial district, eight times the size of London's new financial district, Canary Wharf, in fact only slightly smaller than the city of Chicago. And speaking of Venti Lattes, last week Starbucks CEO Howard Shultz noted on CNBC that in three years the company would probably have more cafes in China than in the United States.

At the height of the Industrial Revolution, Britain was called "the workshop of the world." That title surely belongs to China today. It manufactures two thirds of the world's copiers, microwave ovens, DVD players and shoes. (And toys, my 5-year-old son would surely want me to add. All the world's toys.)

To get a sense of how completely China dominates low-cost manufacturing, consider Wal-Mart. Wal-Mart is America's-and the world's-largest corporation. Its revenues are eight times those of Microsoft, and make up 2 percent of America's GDP. It employs 1.4 million people, more than GM, Ford, GE and IBM put together. It is legendary for its efficient-some would say ruthless-efforts to get the lowest price possible for its customers. In doing this, it has used technology, managerial innovation, but, perhaps most significantly, China. Last year Wal-Mart imported $18 billion worth of goods from China. Of Wal-Mart's 6,000 suppliers, 5,000-80 percent-are in one country, and it isn't the United States.

But the statistic that wins this contest, that conveys the depth and breadth of the challenge the United States faces, is surely the one about the Intel Fair. Intel sponsors a Science and Engineering Fair, which is the world's largest precollege science competition, open to high-school students from around the world. Last year was a good one for Americans: 65,000 participated in the local fairs that are used to select finalists. In China the number was 6 million.

Yes, Chinese fairs are not as good as American fairs, the standards are different, and you can't compare apples and oranges. But still, 6 million oranges!

China's rise is no longer a prediction. It is a fact. It is already the world's fastest-growing large economy, and the second largest holder of foreign-exchange reserves, mainly dollars. It has the world's largest army (2.5 million men) and the fourth largest defense budget, which is rising by more than 10 percent annually. Whether or not it overtakes the United States economically, which looks to me like a distant prospect, it is the powerful new force on the global scene.

China's growth has obvious and amazing benefits for the world, and in particular for America. A Morgan Stanley report shows that cheap imports from China have saved American consumers more than $600 billion in the past decade. They have saved manufacturers even more. The Economist magazine notes that "it was largely thanks to China's robust growth that the world as a whole escaped recession after America's stockmarket bubble burst in 2000-01." And by buying up U.S. Treasury bills, China-along with other Asian countries-have allowed Americans and their government to keep borrowing and spending, and thus to keep the world economy going.

There have been two great shifts in global power over the past 400 years. The first was the rise of Europe, which around the 17th century became the richest, most enterprising and ambitious part of the world. The second was the rise of the United States, in the late 19th and early 20th centuries, when it became the single most powerful country in the world, the globe's decisive player in economics and politics.

For centuries, the rest of the world was a stage for the ambitions and interests of the West's great powers. China's rise, along with that of India and the continuing weight of Japan, represents the third great shift in global power-the rise of Asia.

Great powers are not born every day. The list of current ones-the United States, Britain, France, Germany, Russia-has been mostly the same for two centuries. The arrival of a new one usually produces tension if not turmoil, as the newcomer tries to fit into the established order-or overturns it to suit its purposes. Think of the rise of Germany and Japan in the early 20th century, or the decline of the Ottoman Empire in that same period, which created the modern Middle East.

Great-power conflict is something the world has not seen since the cold war. But if it were to begin, all the troubles we worry about now-terrorism, Iran, North Korea-would pale in comparison. It would mean arms races, border troubles, and perhaps more. Even without those dire scenarios, China complicates international life. Take relations between the United States and Europe. Iraq was a temporary problem. But differing attitudes on the rise of China are likely to produce permanent strains in the Western Alliance.

Inevitably, the China challenge looms largest for the United States. Historically, when the world's leading power is challenged by a rising one, the two have had a difficult relationship. And while neither side will ever admit it publicly, both China and the United States worry and plan for trouble. To say this is not to assume war or even conflict, but merely to note that there is likely to be tension between the two countries. How both sides handle it will determine their future relations-and the peace of the world.

What Does China Want?

When people talk about China today they inevitably mention its unique culture. Confucianism is said to be at the heart of the nation's psyche, and it is this tradition-of discipline, learning and devotion to elders-that explains China's extraordinary success. But Confucianism has been around for centuries, during much of which China was poor, backward and stagnant. Indeed, in the early 20th century, when the German scholar Max Weber wanted to explain China's unsuitability to capitalism, he pointed to its Confucian culture. (Cultures are complex and you can usually find in them what you want.) China began growing in the early 1980s not because of its culture, which has been relatively unchanging, but because of its policies, which went through a dramatic transformation.

When historians look back at the last decades of the 20th century, they might well point to 1979 as a watershed. That year the Soviet Union invaded Afghanistan, digging its grave as a superpower. It was also the year that China began its economic reforms. They were launched at a most unlikely gathering, the Third Plenum of the 11th Central Committee of the Communist Party of China, held in December 1978. Before the formal meetings, at a working-group session, the newly empowered party boss, Deng Xiaoping, gave a speech that turned out to be the most important one in modern Chinese history. He urged that the regime focus on development and modernization, and let facts-not ideology-guide its path. "It doesn't matter if it is a black cat or a white cat," Deng often said. "As long as it can catch mice, it's a good cat." Since then, China has done just that, pursued a modernization path that is ruthlessly pragmatic and nonideological.

The results have been astonishing. China has grown around 9 percent a year for more than 25 years, the fastest growth rate for a major economy in recorded history. In that same period it has moved 300 million people out of poverty and quadrupled the average Chinese person's income. And all this has happened, so far, without catastrophic social upheavals. The Chinese leadership has to be given credit for this historic achievement.

There are many who criticize China's economic path. They argue that the numbers are fudged, that corruption is rampant, that its banks are teetering on the edge, that regional tensions will explode, that inequality is rising dangerously and that things are coming to a head. For a decade now they have been predicting, "This cannot last, China will crash, it cannot keep this up." So far at least, none of these prognoses has come true. And while China has many problems, it also has something any Third World country would kill for-consistently high growth.

Central planning was not supposed to work. And in some sense it doesn't, even in China. The government is careful to give enormous power to the regions, to issue directives that are market-friendly, to open its economy to foreign investment and trade. It has used its membership in the World Trade Organization to force through large free-market reforms in its economy and society.

And yet, it's clear that the Chinese government deserves much credit for its ability to plan and manage the country's development. Consider the often-made comparison with India. At a microlevel, many Indian firms are far more impressive than their Chinese counterparts. They are genuine private-sector enterprises, use capital efficiently and can compete with the best in the world. Chinese companies by contrast are often partially state-owned, funded or favored. They get easy access to foreign capital and thus use it inefficiently. And many sell only in the domestic market and could not compete at the highest global level. But on the macro side, China's government pushes development far more consistently and effectively than India's.

Indian officials always point out that their Chinese counterparts don't have to worry about voters. "We have to do many things that are foolish in the long term," said a senior member of the Indian government. "But politicians need votes in the short term. China can take the long view." Of course there are many nondemocratic governments that have made catastrophic economic decisions; think of Marcos of the Philippines and Mobutu of Zaire. But that only makes the Chinese regime's performance more remarkable.

"I've dealt with governments all over the world," says a senior investment banker, "and the Chinese are probably the most impressive." Many of his colleagues in the American business community would agree with this characterization. But then what explains the recent actions of this brilliant government in the realm of politics and foreign policy?

In April, the Chinese government seemed to encourage anti-Japanese protests over history textbooks, only to find them mushroom into mob demonstrations, riots, stone-throwing at the Japanese Embassy and widespread calls to boycott Japanese goods. Last March it ushered through passage of an "anti-secession law" threatening Taiwan with military force if it dared to anger China in any way. The result, among others, was that the European Union postponed its plan to lift an arms embargo on China in June. Also in March, China warned Australia to rethink its alliance with the United States, which created a backlash among Australian officials. In July 2003, Beijing tried to effect passage of an "anti-subversion" law in Hong Kong, which produced the largest demonstrations in the city's history and created strong anti-Beijing political sentiment in a territory that was always apolitical. All these actions are making China's most powerful neighbors-Japan, Australia, India-pause. It is strengthening those in America who see China as a threat, not an opportunity. Is this so smart?

A New Kind Of Challenge

For the first decade of its development (the 1980s), China did not have a foreign policy. Or rather, its grand strategy was a growth strategy. China quietly supported (or did not oppose) U.S. policies, largely because it saw good relations with America as the cornerstone of its development push. And this nonconfrontational approach-"to hide its brightness"-still lingers. With the exception of anything related to Taiwan, even now its major foreign-policy moves are largely outgrowths of economic imperatives. These days that means a ceaseless search for continued supplies of oil and other commodities.

But things are changing. In a paper titled "The Beijing Consensus," drawing heavily on interviews with leading Chinese officials and academics, Joshua Cooper Ramo provides a fascinating picture of China's new foreign policy. "Rather than building a US-style power, bristling with arms and intolerant of others' world views," he writes, "China's emerging power is based on the example of their own model, the strength of their economic system, and their rigid defense of ... national sovereignty" (http://fpc.org.uk/publications/123).

China has followed a very different development strategy than Japan. Rather than focusing only on export-led growth to a few markets and keeping its internal market closed, China opened itself to foreign investment and trade. The result is that much of the world now relies on the China market. >From the United States to Germany to Japan, exports to China are among the crucial factors propelling growth. For developing markets, China is the indispensable trading partner.

In November 2004, President George W. Bush and China's President Hu Jintao traveled through Asia. I was in the region a few weeks afterward and was struck by how almost everyone I spoke with rated Hu's visits as far more successful than Bush's. Karim Raslan, a Malaysian writer, explained: "Bush talked obsessively about terror. He sees all of us through that one prism. Yes, we worry about terror, but frankly that's not the sum of our lives. We have many other problems. We're retooling our economies, we're wondering how to deal with the rise of China, we're trying to address health, social and environmental problems. Hu talked about all this; he talked about our agenda, not just his agenda." From Indonesia to Brazil, China is winning new friends.

There are a group of Americans-chiefly neoconservatives and Pentagon officials-who have been sounding the alarms about the Chinese threat. And they speak of it largely in military terms, usually wildly exaggerating China's capabilities. But the facts simply do not support their case. China is certainly expanding its military, with a budget that rises 10 percent or more a year. But it is still spending a fraction of what America does, at most 10 percent of the Pentagon's annual bill.

The Chinese threat or challenge will not present itself in the familiar guise of another Soviet Union, straining to keep pace with America in military terms. It is more likely to be what Ramo describes as an "asymmetrical superpower." It will use its economic dominance and its political skills to achieve its objectives. China does not want to invade and occupy Taiwan; it is more likely to keep undermining the Taiwan independence movement, so that Beijing slowly accumulates advantage and wears out the opponent. "The goal for China is not conflict but the avoidance of conflict," Ramo writes. "True success in strategic issues involves manipulating a situation so effectively that the outcome is inevitably in favor of Chinese interests. This emerges from the oldest Chinese strategic thinker, Sun Zi, who argued that 'every battle is won or lost before it is ever fought'."

At least that's the plan. The trouble is that while maintaining this long-term strategy, China often lapses into short-term behavior that seems aggressive and hostile. Perhaps this is because the rational decision-making that guides its economic policy is not so easily applied in the realm of politics, where honor, history, pride and anger all play a large role. So with Taiwan, last week Beijing was playing out its long-term plan, "normalizing" relations with the island's main opposition party, and smothering it with conciliation. But last month it passed the anti-secession law, which angered most Taiwanese and alarmed Americans and Europeans.

Or take its relations with Japan. It makes little sense for Beijing to behave as aggressively as it does with Tokyo. It only ensures that China will have a hostile neighbor, one with an economy that is still four times its size. A wiser strategy might be to keep ensnaring Japan with economic ties and cooperation, achieving dominance over time.

There are grounds for reconciliation. Japanese have not behaved perfectly, but they have apologized several times for their wartime aggression. They have given China more than $34 billion in development aid (effectively reparations), something never mentioned by the Chinese. Even in this latest standoff, the Japanese moved first to break the impasse.

But for China, emotion seems to get in the way. Having abandoned communism, the Communist Party has been using nationalism as the glue that keeps China together. And modern Chinese nationalism is defined in large part by its hostility toward Japan. Mao is still a hero in China despite his many catastrophic policies because he unified the country and fought the Japanese. And as China advances economically, Chinese nationalism only gets more intense. Scratch a Shanghai Yuppie and you will find a virulent nationalist-on Taiwan, Japan and America.

Beijing assumes it can handle popular sentiments but it might well be wrong. After all, it does not have much experience in it, not being a democracy. It deals with public anger and emotions cagily, unsure whether to encourage them or clamp down for fear of where they might lead. So it does not know what to do with a group like the Patriots Alliance, an Internet-based hypernationalist group that has organized the biggest demonstrations in the country in six years.

Experts say that the Chinese Communist Party has been seriously discussing political reforms and studying dominant single parties from Sweden to Singapore, to understand how it might maintain its position in a more open political system. "The smartest people in the government are studying these issues," a well-placed Beijing resident told me. But politics is often about more than smarts. In any event, how Beijing's mandarins end up handling their own people might have much to do with how China ends up handling the world.

What America Needs to Do

How to handle China? The best guide is to listen to what French President Jacques Chirac says, and do the opposite. Chirac, the tired old dinosaur who seems increasingly uncomprehending of today's world, recently denounced China's "brutal and unacceptable invasion" of Europe. He was referring to the fact that China's textiles have swarmed into the European (and American) markets following the abolition of textile quotas. Unfortunately, Chirac's advice, to reimpose quotas in some way, may soon be taken by both Europeans and Americans. (The textile issue is putting a damper on what has been a growing love affair between Europe and China.)

It's an understandable impulse. Textile exports from China have soared since Jan. 1-a 534 percent increase in pullover-sweater sales in Europe for example-but this is largely the result of free trade, not unfair practices. More generally, tariffs and walls are not the way to prosper in the emerging global economy. It's not just China but India, Brazil, South Africa and Thailand, among others, that are all entering the global market with sophistication and skill. The answer for Western countries cannot be to shut themselves off from this new reality. After all, they benefit from the expansion of global commerce. The European Union's exports to China have risen 600 percent in the past 15 years. More broadly, countries that have tried to wall themselves off from the rest of the world in the past-to maintain their economy or culture-have stagnated. Those that have embraced change have flourished. China is simply the biggest part of a new world. You cannot switch it off.

What you can do is be better prepared. For Americans, this means a renewed focus on the core skills that have propelled the American economy so far: science and technology. The United States has been slipping badly in all global rankings of these fields. Its research facilities are dominated by foreign students and immigrants-but a growing number of them are staying home or going home. Without a massive new focus in these areas, America will find itself unable to produce the core of scientists, engineers and technicians who make up the base of an advanced industrial economy. China and India already produce many more engineers than does the United States. In five years, China will produce more Ph.D.s than the United States. They may not be as good as American Ph.D.s, but numbers do matter.

For the American government, the free ride may be coming to an end. It has run irresponsible fiscal policies, knowing that foreign governments and people would provide it with unlimited credit. But that credit comes at a price. When China holds huge reserves of dollars, it also holds the power to damage the American economy. To do so would certainly hurt China as much or more than it would America, but surely it would be better if U.S. policy were less vulnerable to such possibilities. Fiscal responsibility at home means greater freedom of action abroad.

In foreign policy, Washington will face two possibilities. The first is that China will push its weight around, anger its neighbors and frighten the world. In this case, there will be a natural balancing process by which Russia, Japan, India and the United States will come together to limit China's emerging power. But what if China is able to adhere to its asymmetrical strategy? What if it gradually expands its economic ties, acts calmly and moderately, and slowly enlarges its sphere of influence, hoping to wear out America's patience and endurance?

The United States will then have to respond in kind, also working quietly and carefully, also adopting a calibrated and nuanced policy for the long run. This is hardly beyond its capacity. America has been far more patient than most recognize. It pursued the containment of the Soviet Union for almost 50 years. American troops are still on the banks of the Rhine, along the DMZ in Korea and in Okinawa.

A world war is highly unlikely. Nuclear deterrence, economic interdependence, globalization all mitigate against it. But beneath this calm, there is probably going to be a soft war, a quiet competition for power and influence across the globe. America and China will be friends one day, rivals another, cooperate in one area, compete in another. Welcome to the 21st century.

With Melinda Liu in Beijing, Christian Caryl in Tokyo, Karen Lowry Miller in Brussels, Rukhmini Punoose in New York and John Barry in Washington, D.C.

© 2005 Newsweek, Inc. © 2005 MSNBC.com © 2005 Microsoft Corporation. All rights reserved

South African's urged to invest offshore

Chief Reporter

EXPECTATIONS of a weakening rand have prompted Old Mutual Asset Managers (Omam) to buy foreign assets while they are cheap — and it has advised investors to do the same.

Investors should switch now while the rand was still relatively strong, SA’s largest fund manager said yesterday.

“Both from a currency point of view and to diversify investment portfolios, it makes sense to consider investing offshore now,” said Omam senior portfolio manager Denzil Burger.

Omam’s advice comes as other professional investors are bulking up on foreign assets in expectation that the rand is at the top of its cycle.

Recent figures from the Association of Collective Investments show there is a greater amount of money being put into its global funds, while retirement fund statistics tell the same story.

Rough estimates suggest that South Africans have about R150bn of their R1-trillion savings invested offshore, asset managers say.

Last month’s surprise 50-basis-point interest rate cut has shown the Reserve Bank wants the rand to weaken to limit the crunch on the manufacturing and mining sectors, analysts say.

But since the cut in the repo rate to 7%, the rand has remained surprisingly strong, at about R6,13 to the dollar.

However, the long-term view is that once deals such as Barclays’ planned takeover of Absa — seen as supporting the currency — are done, the rand could weaken.

Burger said the case for buying offshore was made more compelling by the possibility of another rate cut before the end of the year.

“If the rand continues to stay strong, and inflation remains fairly constant, then there is definitely scope for another rate cut later this year. Should this happen, we’re likely to see the rand fall in the longer term,” he said.

Omam, SA’s largest private sector asset manager, with about R290bn under management, has been buying offshore. “We have been pushing up the offshore component of our portfolio, and have been recommending to our clients that they do so,” Burger said.

The law prevents people from putting more than 15% of a retirement fund into foreign assets, and Omam said it had been slowly pushing up its offshore exposure to about that 15% level.

This appears to be a trend. Sanlam Investment Management chief investment officer George Howard said yesterday there was not much chance the rand would strengthen.

“So we’re certainly (buying more offshore assets now) and doing that for our clients.”

Association of Collective Investments CEO Di Turpin said last month that a return to favour of global unit trust funds “could be an early indication that investors are at long last using the rand’s strength to diversify offshore”.

Burger advised investors to look further afield than the US. “The Far East markets, such as Japan, could be a good bet.”

Omam said that its calls for diversification did not suggest that the local equity market was losing its sparkle, after performing well during last year.

“It’s rather just a call for diversification,” Burger said.

Citibank attacks money-laundering regulations

Domestic banks do substantial amounts of business with offshore banks. The offshore banks provide offshore credit cards, wire transfer facilities and re-invoicing services to businesses seeking to minimise their tax positions. They also provide offshore merchant accounts for high risk credit card processing to the internet casinos and similar industries. Citibank in the US is leading the fight against proposed moves to ban offshore banking transactions.


Citibank is leading a fight by American banks to gut the anti-moneylaundering laws currently being considered in Congress—laws that could significantly change the way banks do business for their wealthiest clients.

Citibank is seeking an exception to a proposed ban on doing business with shell banks, which have no physical presence and are situated “virtually” in offshore zones to avoid taxes and regulations. The banks are used to hide and launder perhaps billions of dollars a year. “Citibank is the only major bank in the United States that admits to having shell banks as clients, and it doesn't want to give them up," says a congressional staffer, who spoke on condition of anonymity. "Citibank is the most active bank trying to gut the ban on shell banks, and the American Bankers Association is trotting behind them.”

In an example of what having friends at the top can do for the financial services lobby, which is one of the largest and most powerful in Congress, Richard Small, director of Citibank’s anti-money-laundering department, lobbied the House and Senate committees to insert an exception that would allow U.S. banks to work with shell financial services companies, the staffer says. The clause was deleted in the Senate version, but at press time the House committee had yet to vote on the bill. “The House bill [makes it] look like they’re banning shell banks, but the exception makes the ban meaningless,” explains the staffer.

Small, who until recently headed the anti-money-laundering office of the Federal Reserve, declined to comment. But a Citibank spokesman says that the banking conglomerate supports the legislation and that it is “working with U.S. government and industry associates to determine the most effective means to prevent the banking system worldwide from being used for criminal purposes.”

Yet as recently as May, Citibank was forced to close two accounts held in its own offshore banks in the Bahamas and the Cayman Islands after a Senate investigation revealed that several million dollars in drug money had been laundered through the accounts. Both the accounts were from shell banks affiliated with financial services companies, for which Small was seeking the exception, and one with a securities firm linked to drug money. Citibank “closed the accounts of the two [banks] we reported on,” the staffer said, “but they have others.”

The American Banking Association has been fighting along with Citibank to delete the “due diligence” clause in the legislation, which would require that banks make a concerted effort to verify the source of foreign funds they transfer or receive. Peter Blocklin, senior federal legislative representative for the ABA, told the New York Times that banks were “already doing due diligence.”

But a congressional report released in March of this year said the opposite, charging four of the largest U.S. banks—Citibank, J.P. Morgan, Bank of America and First Union—with having inadequate money-laundering controls and weak due diligence practices. Sen. Carl Levin (D-Michigan), co-sponsor of the Senate bill, says the banks are in fact “asleep at the switch.”

About $500 billion—or half of the global total—is laundered through U.S. banks each year, according to the Bureau of National Affairs. Jack Blum, a Washington lawyer who co-authored a U.N. report on offshore banking, estimates that $70 billion in taxes is lost every year when the richest U.S. taxpayers hide money in offshore banking accounts. Regardless, Republicans historically have been vehemently opposed to regulating money in U.S. banks, and the bills being considered are a radical about-face, brought about by the September 11 attacks as part of Bush’s anti-terrorism plan.

In an area where the United States has been lax for decades, the proposed legislation is reasonably strong. But although the money-laundering controls are a significant step forward, they still ignore many of the problems in the U.S. banking and money-transfer system. The legislation permits, but does not require, the Treasury Department to stop U.S. banks from working with banks in countries where secrecy laws prevent cooperation with investigators (countries like the Cayman Islands and the Bahamas). It asks only a quick study of imposing regulations on investment companies and hedge funds, which are not currently regulated at all. And the Bush administration is not requiring suspicious activity reports (which banks are currently required to file for suspicious transactions over $10,000) from casinos, money transmitters like Western Union and stock brokerages—all of which, because they consistently handle large amounts of cash, are prime targets for money launderers.

Until the United States closes these gaping loopholes in the system, the flow of illegal funds from the world’s wealthiest, and the world’s wealthiest criminals, will continue.

Money laundering and tax evasion

The view from the other side. Komisar's article fails to recognise the economic reality of low tax regimes - much of the international offshore banking is eliminated and a prosperous domestic economy is allowed to flourish. At a time when much of Western Europe is awakening to the huge potential for low and flat rated corporate and income tax scales, there are still many opponents of the current techniques the corporates and high net worth individuals use to avoid onshore tax liability. These international price transfer transactions cost money to detect and prosecute, and are the obvious result of excessive tax burden in the home jurisdiction. With a pre-dominance of social engineering experiments and massive welfare spending remaining in much of the developed world, governments need to learn to develop citizens who accept personal responsibility for life outcomes. Until this is accepted philosophically at state level, the corporate world will continue to be expected to support those who simply can't be bothered in life, and will continue to pursue offshore banking strategies to minimise the tax plunder.

The Dirty Little Secret of Financial Globalization
by Lucy Komisar
The debate about cutting taxes for corporations and the wealthy is a false one. The issue is not whether transnational corporations and the very rich benefit from tax cuts, but that many of them walk away from all taxes. A General Accounting Office report found that between 1996 and 2000, 61 percent of all U.S. companies paid zero federal taxes. They accomplish this primarily through "profit laundering," a phrase that ought to be on the lips of every social critic.

Massive profit laundering sucks resources out of the United States and other countries, beggars public programs, and lays waste the social contract on which taxation must be based: that everyone pays a fair amount. It hobbles legislators and officials who want to spend money on social programs but can't dispute right-wing arguments that "there is no money." There is no money because it's been filched from public coffers with the help of the world's big banks, investment companies, and offshore financial centers. The scam is accomplished via offshore shell companies and bank accounts, and it is happening on a global scale.

Figures on the amount of wealth offshore are hard to come by, as none of the international financial institutions has seen fit to lay out the global picture. In 1999, Merrill Lynch's "World Wealth Report" estimated that one-third of the wealth of the world's "high net worth individuals" (as banks like to call them), then $11 trillion, might be held offshore. In 2004, Merrill Lynch revised its wealth figure to $28.8 trillion, but it was no longer estimating how much of that was hidden in tax havens. As the percentage of wealth offshore has been growing, the number would likely be $10 or $12 trillion. Such an estimate was made by "The Global Wealth Report" for 2003 by the Boston Consulting Group (BCG). It estimated the total holdings of cash deposits and listed securities of high-net-worth individuals at $38 trillion and then broke that down by North America-$16.2 trillion, of which less than 10 percent was controlled offshore; Europe-$10.3 trillion of which between 20 percent to 30 percent was controlled offshore; Middle East and Asia-Pacific area-$10.2 trillion, with assets controlled offshore ranging from 10 percent (Japan) to 70 percent (ME); and Latin America-$1.3 trillion, of which more than 50 percent is held offshore.

How much of the money that moves around the world is offshore? The International Monetary Fund estimates that assets held in tax havens equal about 50 percent of total cross-border assets. And according to Merrill Lynch and BCG estimates, assets held in tax havens, beyond the reach of effective taxation, would equal one-third of total global gross domestic product, the value of goods and services, which in 2003 was $36.2 trillion.

If the U.S. government were able to collect these evaded taxes, they would fully fund every social program currently on the books. During the 1950s, U.S. corporations accounted for 28 percent of federal revenues. Now, corporations represent just 11 percent. If big corporations paid taxes of 35 percent on their U.S. profits, as the law requires, corporate income taxes in 2002 would have been $308 billion instead of an estimated $136 billion.
The reverberations of these losses extend to the states. The Multistate Tax Commission estimates that state governments lose as much as $12.4 billion a year to various forms of tax sheltering.

How It Works
This is how the international tax-evasion system works, both for corporations and for individuals. In both cases, the system is based on the seventy "offshore" centers-tax havens-where secret shell companies and bank accounts are used to carry out transactions that create paper profits and losses, and where the legerdemain is immune from the eyes of tax authorities and law enforcement. There are about three million shell companies. Offshore centers, with 1.2 percent of the world's population, hold 31 percent of the assets and 26 percent of the stocks of American multinationals.

The offshore venues assess little or no taxes on foreign-owned shell companies. Some of these shells have no function other than to hold the assets of corporations or individuals. The offshore banks that handle the shell company money are not underground operations run by unknown shady characters. The banks' managers may indeed be shady, but most of them work for subsidiaries of the multinationals-Citibank, Bank of New York, Credit Suisse, Barclays, Société Générale, Deutsche Bank, and others.

More than half of world trade is within corporations, not between them. And half the world's trade goes through offshore centers, as corporations shift profits to where they can avoid taxes. Companies set up offshore "subsidiaries" that, on their books, perform functions that allow the firms to cut their taxes. The simplest ploy is the "sale" and "rental" back of a company's logo or other intangible assets. Or money stashed in tax havens is "loaned" back to the U.S. company, which then deducts interest payments on its tax returns.

Even more important is transfer pricing: allocating profits for tax and other purposes among parts of a multinational corporate group. Offshore "trading" offices or companies handle imports and exports, buying a U.S. export from a company at a sharply reduced paper cost and selling it abroad for the real-world market value, so the exporting company makes no profit. That stays with the tax haven trading company. In the reverse, a company buys goods at a real price and "sells" to the U.S. firm at a grossly inflated one, so the U.S. firm has a huge cost to deduct when it uses the item in manufacture or resells it at a loss.

Simon Pak of Penn State University and John Zdanowicz of Florida International University used aggregate customs data to examine the impact of over-invoiced imports and under-invoiced exports on U.S. federal income tax revenues for 2001. The findings were staggering. Would you buy plastic buckets from the Czech Republic for $973 each, tissues from China at $1,870 a pound, a cotton dishtowel from Pakistan for $154? U.S. companies, at least on paper, were getting very little for their exported products. If you were in business, would you sell bus and truck tires to Britain for $11.74 each, color video monitors to Pakistan for $21.90, and prefabricated buildings to Trinidad for $1.20 a unit? After all the deductions, the U.S. company has minimal profits. The offshore centers levy no taxes on "profits" claimed there. Comparing all the stated export and import prices to real-world prices, the professors figured the 2001 U.S. tax loss at $53.1 billion.

Companies using transfer pricing may file tax returns that show they are operating at a loss. What does Wall Street think? No problem: the United States allows companies to keep two sets of books, one for the Internal Revenue Service, the other for the Securities and Exchange Commission. The IRS sees a company deep in the hole, while stock buyers are pleased by profits that soar.

Transfer pricing is legal only if there is a true business purpose to the offshore entity. However, this rule is virtually never enforced, and account books in tax havens are off-limits to foreign tax and law enforcement investigators.

Offshore is also used to hide companies' overall balance sheets so tax authorities can't judge if their returns are valid. A Miami private investigator told me, "If I have a Colombian company that imports Mercedes trucks from Germany, the company ordering the trucks will be registered in the British Virgin Islands or Curaçao. The order will be made by the 'Dewey, Cheathem and Howe Company'; no Colombian firm will handle invoices. Colombian tax authorities won't know how much business they're doing."

The Bermuda Inversion
Since the late 1990s, some companies have been combining transfer pricing with the offshore transfer of their incorporations-especially to Bermuda. As non-U.S. companies, they have many more opportunities to avoid taxes by making deductible interest, management fees, or royalty payments to the new sheltered "foreign" parent. There was an outcry when Stanley Works announced it was moving its headquarters-on paper-from New Britain, Connecticut, to Bermuda and shifting its imaginary management to Barbados. (See Dissent, Spring 2003, "Offshore Banking: The Secret Threat to America," by Lucy Komisar.) Though its building and staff would stay in Connecticut, where the company manufactured hammers and wrenches, it would no longer pay taxes on profits from "international trade." It turns out that Stanley was planning to save on more than the taxes on business done outside the United States. With the help of its accountants, Stanley indicated in 2002 that even though it had paid $7 million U.S. tax on foreign income in 2001, the move would save at least $25 million in U.S. taxes, which suggests that Stanley was planning to cut taxes on U.S. profits by turning them into foreign profits. The immediate effect of the planned move would have been to increase the income of Stanley executives, who were already being paid millions. When the attorney general of Connecticut went to court, Stanley pulled back.

But others haven't. Tyco moved its management from Exeter, N.H., to Bermuda, then set up more than 150 subsidiaries in Barbados, the Cayman Islands, Jersey, and other offshore havens. Many of the shell companies played accounting games to shield Tyco interest, dividends, royalties, and other income from United States taxes. In 2001, Tyco reported that although 65 percent of its revenues came from the United States, only 29 percent of its "income" did-a ploy that immediately erased 71 percent of its $36 billion profits from its U.S. tax statement.

"The whole business [of offshore companies] is a sham," fumes New York District Attorney Robert Morgenthau. "The headquarters will be in a country where that company is not permitted to do business. They're saying a company is managed in Barbados when there's one meeting there a year. In the prospectus, they say legally controlled and managed in Barbados. If they took out the word 'legally,' it would be a fraud. But Barbadian law says it's legal, so it's legal."

The AFL-CIO and several unions are supporting shareholder resolutions and legal actions against the Bermuda inversions. The AFL-CIO filed a brief endorsing a shareholders class action suit against Nabors Industries, a Houston-based operator of oil-drilling rigs. The Laborers International Union is also campaigning against Nabors. AFSCME, the public employees union, filed shareholder resolutions asking Tyco and Ingersoll-Rand, a New Jersey industrial manufacturer, to return their corporate registrations to the United States. UNITE HERE, the textile and hotel and restaurant workers union, is targeting Cooper Industries, an electricity company. The AFL-CIO wants global companies to be registered where they operate, which are jurisdictions with real taxes and real corporate governance, says Damon Silvers, AFL-CIO associate general counsel.

Finding Individuals
Whereas public companies may leave a paper trail, it's harder to track down offshore tax cheating by individuals. Success often depends on serendipity and clues turned up by other investigations. Nearly 3,400 of the people reporting incomes of $200,000 or more in 2001 claimed that they owed no U.S. income taxes, a rise of nearly 45 percent over 2000. But that is only a fraction of individual tax evaders. Most of them simply don't report the bulk of their incomes; they use offshore shell companies as the owners of real estate, stocks, and companies. At least half the hedge funds, which cater to the mega-rich, are offshore, many in the Cayman Islands.

People open accounts with foreign brokers or set up foreign trusts and have the trustees buy the funds. To access cash, they use credit cards issued by the offshore banks or stock brokerages. They charge payments or withdraw money from U.S. ATMs and never have records on file in the United States. Some offshore credit cards have monthly charge limits as high as $1 million, not your normal "application-in-the-mail" plastic. The IRS says that as many as a million Americans may be paying their bills with credit or debit cards issued by offshore banks. Only a small number report their accounts, as required by law.

A few years ago, John M. Mathewson of San Antonio, Texas, accused by the Justice Department of money-laundering, made a plea bargain and turned over bank records that showed 1,500 tax-evading Americans with unreported accounts in his Guardian Bank and Trust Limited of the Cayman Islands. He admitted he was helping his clients evade taxes and that the other five hundred banks in the Caymans were doing the same, all helped by Cayman laws that strictly limited government and bank disclosure of bank records and personal information associated with depositors. The system, he said, was the basis of the Cayman financial industry. Depositors accessed their money easily through credit cards or anonymous wire transfers through the Guardian's accounts in the Bank of New York, Credit Suisse, and other cooperative banks.

Beginning in 2002, the IRS has gone to court to get the major credit card companies to turn over accounts held by U.S. citizens in more than thirty offshore venues. But while that net may snare a lot of doctors and small businesspeople, it will miss the really rich, who run their money through offshore shell companies registered in the names of "nominees"-local lawyers and accountants. In a little reported but revealing (and honest) slip of the tongue, George W. Bush said in a campaign speech at the Northern Virginia Community College in Annandale last August, "On the subject of taxes, just remember when you talk about 'we're just going to run up the taxes on a certain number of people,' first of all, real rich people figure out how to dodge taxes, and the small business owners end up paying a lot of the burden of this taxation."

An inquiry by Senator Carl Levin in 2004 revealed that Riggs Bank in Washington, D.C., had helped ex-dictator Augusto Pinochet hide $8 million from Chile's tax authorities. Until 1998, Riggs owned a share of Valmet, an Isle of Man operation that set up shell companies and accounts to hide and launder money for companies controlled by the oil mogul Mikhail Khodorkovsky, now in a Russian jail, and for Robert Brennan, the New Jersey penny stock fraudster now in U.S. federal prison.

The impact of all this tax cheating is enormous. It robs public treasuries and constitutes an assault on the country's welfare and security. Health care, food programs, police and fire protection, educational opportunities, all are slashed and remain permanently out of reach because "there's not enough money."

Honest citizens pay extra every year to make up some of the difference. But you don't hear them blaming corporations or rich tax cheats for the size of their own tax bills. You don't hear domestic firms, which can't match the prices of multinational transfer-pricing competitors, complain about the skewed playing field. The scams that corporations use to launder profits are not on the public agenda. And most people don't understand how it is that rich individuals opt out of the tax system. Furthermore, corporate public relations has largely succeeded in convincing people that corporate tax "avoidance" is legitimate, that it's okay for multimillion-dollar companies, run by executives who pay themselves seven- and eight-figure salaries, to pay as little in taxes as they can get away with, even down to zero.

The situation is worse in developing countries, which lose tax revenues greater than the $50 billion in annual aid flows, according to a report by Oxfam International. And when governments starved of taxes don't have the money to finance decent public services, privatization and cuts in social programs are presented as the only solutions.

The Politics
In 1970, Congress, worried that rich Americans were evading taxes and that accounts were often linked to criminal activity, required taxpayers to report foreign bank accounts. But offshore secrecy made it easy for people to ignore the law. IRS inspectors tracking tax cheats were not allowed to see the accounts.

Beginning in the early 1980s, the issue of offshore tax havens was taken up in U.S. congressional hearings. However, except for a few years at the end of the Clinton administration, the American government's prime interest has been not to do anything to impede the free flow of capital or decrease other countries' reliance on the dollar. The Treasury Department wanted to "liberalize" financial flows, not regulate them.

In the late 1990s, the Organization for Economic Cooperation and Development worked out a policy for dealing with tax havens. It said it would take "defensive measures" against jurisdictions that had no or only nominal tax rates, that engaged in "ring fencing" (giving tax preferences only to foreigners who don't do business there), and that lacked transparency and allowed no effective exchange of information.

But then George W. Bush came to power. At the G-7 finance ministers meeting in February 2001, Treasury Secretary Paul O'Neill expressed concerns that the OECD was trying to dictate other countries' tax rates. In May of that year, he said that the OECD demands were "too broad" and withdrew U.S. support. Some tax havens pulled back from negotiating with the OECD.

At the end of the Clinton administration, the IRS proposed requiring U.S. banks to report the interest they pay to foreign depositors. The goal was not only to curb tax cheating by foreigners in their home countries but also evasion by Americans pretending to be foreigners. After Bush was elected, his brother Jeb, governor of Florida, wrote O'Neill warning that adoption of the Clinton proposal "could trigger a massive withdrawal of [nonresident alien] deposits in U.S. banks." The American Bankers Association predicted "serious economic harm" to the United States.

The United States already shares such bank information with Canada. Elise Bean, Democratic staff director of the U.S. Senate Permanent Subcommittee on Investigations, said, "There was a scream and a holler especially from banks with Latin American money that if we report it to the home countries, everybody's going to leave." Indeed, the tax cheats and drug traffickers and other criminals might leave. So the plan was slashed to include only a small number of mostly European countries. Countries with major tax evasion problems, including Russia, Mexico, other Latin-American and third world nations, were exempted.

After the events of September 11, 2001, anti-money-laundering measures were included in Title 3 of the Patriot Act. But multinational banks and brokerages, which make big commissions on offshore accounts and stock trades, intervened to water down the bill. In a letter to Paul Sarbanes, chair of the Senate Committee on Banking, Housing, and Urban Affairs, Financial Services Roundtable president Steve Bartlett expressed the financial industries' support for cutting a provision that would have made tax evasion or fraud against a foreign government a money-laundering offense because the United States "should not prevent foreign citizens from seeking a safe haven in America for their assets." Although Bartlett worried that citizens of countries with repressive governments would not be able to hide their money in the United States, cutting the amendment also meant that banks did not lose tax-evading accounts.

The Patriot Act requires the identification of customers of securities firms, which doesn't mean much unless that includes the names of beneficial [real] owners of offshore corporations. As Jack Blum, an expert on the offshore system who ran the Senate investigations on BCG and Iran/contra, told me, "Treasury was hammered to death by the securities industry, and that will not be required under customer identification. It should be there." Now terrorists, drug traffickers, and tax cheats can trade in stocks through U.S. brokerages undetected.

Adding insult to injury, the Bush 2004 tax bill gave a one-year "tax holiday" to corporations that brought back to the United States the money they had been stashing offshore to evade taxes. Instead of penalizing these profits-launderers by banning their offshore scams and demanding full tax payments, the government said that they could pay taxes on claimed offshore income at lower rates than if they had reported it as U.S. profits. Republicans blocked moves to make Bermuda inversions illegal or even to ban such tax evaders from federal contracts. Last year, Congress passed largely ineffective provisions that apply only to companies that inverted after March 4, 2003, a date intended to protect the big-name companies that have already inverted. Hilary Cain, Ways & Means counsel for Representative Lloyd Doggett, said, "The provisions are estimated to raise a pathetic $830 million over ten years, a drop in the bucket when it comes to the amount of revenue that is probably being lost to these inverted companies."

This shift in the tax burden has occurred without public debate and with the cooperation of both Republicans and Democrats on the Senate Finance Committee and House Ways and Means Committee. The few legislators fighting offshore tax evasion-led by Senators Carl Levin and Byron Dorgan and Representative Lloyd Doggett-are stymied, because they don't have active support from civil society. Progressives should be organizing such support. In 2003, a network of political action and development groups, most of them European, founded the Tax Justice Network (www.taxjustice.net) to raise the tax evasion issue internationally. In the United States, such groups as Citizens for Tax Justice and Citizen Works are working on tax issues, but they must be joined by others. Globalized greed threatens the well-being of us all.

Since the summer, the federal government has cut back funding for dozens of Superfund sites eligible for cleanup money, ordered reduced aid to millions of college students, slashed money for housing and community development by a third, and announced cuts in food stamps and in health projects aimed at diseases related to poverty. Taxes don't have to be raised to pay for these programs, they just have to be collected.

A policy program to end the offshore tax evasion system would include the following:

o Corporations should be taxed according to where they operate: where workers exist and real value is added, not where they carry out paper transactions or where they file corporate registrations.

o There should be an international agreement to tax multinational corporations on a unitary basis, with subsidiaries' profits computed as part of the whole.

o Transfer pricing and intra-company transactions, such as loans and rental of logos, aimed at reducing taxes should be made illegal.

o There should be one set of books for the SEC and the IRS, not two.

o Banks and brokerages should be required to obtain the names of real beneficial owners, who are persons, not shell companies or straw figures.

o Banks and companies that wish to do business in the United States should be required to practice full company and account ownership transparency and cooperate with American law enforcement.

o U.S. law should include domestic and foreign tax evasion as a predicate crime for money laundering.

o On a global level, there should be automatic information exchange between countries' tax agencies.

o Corporate executives and their lawyers and accountants should be liable for criminal penalties-mandatory jail terms-for profit laundering and tax evasion.

o Companies that proclaim adherence to corporate social responsibility should commit to rejection of transfer pricing and other tax evasion schemes.

o A corporation's payment of fair taxes and its rejection of tax evasion should be a condition for approval by socially responsible investment funds.

Both we and our elected officials must find a way to put these proposals before the U.S. public in a comprehensive and comprehensible way. If we don't, the money will never be available to enrich society as a whole.

Lucy Komisar, a New York journalist, is writing a book about the offshore bank and corporate secrecy system. She is a member of the steering committee of the Tax Justice Network.

Sources Consulted for this Article:

Washington, D.C.: General Accounting Office, "Comparison of Reported Tax Liabilities of Foreign- and US-Controlled Corporations 1996-2000," February 2004.
www.gao.gov/new.items/d04358.pdf

"Corporate Tax Sheltering and the Impact on State Corporate Income Tax Revenue Collections," July 15, 2003.
www.mtc.gov/TaxShelterRpt.pdf

"U.S. Trade with the World: An Estimate of 2001 Lost U.S. Federal Income Tax Revenues Due to Over-Invoiced Imports and Under-Invoiced Exports," Oct. 31, 2002, http://dorgan.senate.gov/newsroom/extras/pak-zdan.pdf

Merrill Lynch's "World Wealth Report," 2004.
www.ml.com/media/18252.pdf
www.bcg.com/publications/publications_search_results. jsp?PUBID=899
IMF paper Offshore Financial Centers June 23, 2000.
www.imf.org/external/np/mae/oshore/2000/eng/back.htm#II_B
IMF September 2004 World Economic Outlook
www.imf.org/external/pubs/ft/weo/2004/02/data/index.htm

Mark Lopatin, "Tax avoiders rob wealth of nations," the London Observer, November 17, 2002.

"Calif. Opens Attack on Illegal Tax Shelters/ With Revenue Down, Other States May Use Campaign as a Model," by Jonathan Weisman, Washington Post, December 4, 2003.

"Tax Havens: releasing the hidden billions for poverty eradication," June 2000. www.oxfam.org.uk/what_we_do/issues/debt_aid/tax_havens.htm

"U.S. Trade with the World: an Estimate of 2001 lost U.S. Federal Income Tax Revenues Due to Over-invoiced Imports and Under-invoiced Exports," by Simon J. Pak and John S. Zdanowicz, Florida International University, Oct 31, 2002.

"Money Laundering and Tax Havens: The Hidden Billions for Development," Report of a Conference organized by the Friedrich-Ebert-Stiftung, July 8-9, 2002, New York.

"The Taxonomist: The Tax Cheaters' Lobby, How the banking industry and the right foment tax evasion," by Robert S. McIntyre, American Prospect, November 18, 2002.
www.prospect.org/web/printfriendly-view.ww?id=6622

"Uncle Sam Gets Shorted By the Bermuda Bye-Bye," by Allan Sloan, Washington Post,
July 5, 2002.

"The Tax Games Tyco Played." by William C. Symonds, with Geri Smith, Businessweek, July 1, 2002.
www.business week.com/magazine/content/02_26/b3789018.htm

Speech by New York district attorney Robert Morgenthau at the Brookings Institution, Washington D.C. June 5, 2002.

Damon Silvers, AFL-CIO associate general counsel, interview with the author, December 12, 2002.

"Federal Court Approves Service of IRS Summons on Mastercard," press release from U.S. Department of Justice, August 22, 2002.

"Private Banking and Money Laundering: A Case Study of Opportunities and Vulnerabilities," Minority Staff of the U.S. Senate Permanent Subcommittee on Investigations,February 5, 2001.

"Shell Games: Brash Russian Banker And His Deals Are Key To Laundering Probe-Mr. Kagalovsky's Menatep Set Up Offshore Firms Alleged to Skim Millions-Cashing In on the Isle," by Andrew Higgins, Alan S. Cullison, Michael Allen, and Paul Beckett, Wall Street Journal, August 26, 1999.

Elise Bean, speech at "Dirty Money and National Security," conference sponsored by the Brookings Institution, Washington D.C., September 10, 2003.

Tax Havens - islands of money

Congress recently approved a budget that will drastically affect federal programs as varied as Medicaid, veterans' benefits, and Superfund cleanup sites. While the cuts' backers say they're needed to balance the budget, some critics point out that the United States could fully fund all programs on the books by closing international banking loopholes.

Tax havens, or nations that allow wealthy individuals and multinational corporations to stow their money with little or no tax, have only one percent of the world's population but hold a quarter of United States' stocks and nearly a third of all global assets, David R. Francis reports in The Christian Science Monitor. According to London's Tax Justice Network, nations around the world lose an estimated $255 billion in tax revenue every year because of tax havens. Offshore banking not only affects government programs and budgeting in industrialized countries, but it also influences developing nations where lost tax revenue may exceed foreign aid.

Hollywood portrays tax havens like the Cayman Islands or Bermuda as conduits for criminals to launder "dirty" money. In reality, they're also favored by some of America's largest corporations to manipulate profit numbers. By using legally registered offshore shell "subsidiary" companies to shift debt around, Enron, Tyco, and Worldcom were all able to defraud regulatory authorities and shareholders, Lucy Komisar writes in CorpWatch. More recently, the CEO of American International Group, Maurice Greenberg, resigned in what Komisar describes on AlterNet as "an apparent effort to reduce the negative fallout" from similar allegations.

Because offshore subsidiaries and tax havens are out of tax and law enforcement authorities' reach, it's difficult to enforce laws when they are broken. In December of 2004, a tragic fire in a Buenos Aires discotheque with multiple fire code violations killed 200 people and injured 700. Courts were unable to prosecute anyone because the legal owners of the property and disco were registered as offshore shell companies in Uruguay, a tax haven. That's why, Komisar explains, Buenos Aires recently issued the world's first ban on offshore shell companies.

Qatar offshore banking and tax shelter center open

By Lena Liew

DOHA (Qatar), May 3 (Bernama) -- The Qatar Financial Centre (QFC) is now open for business, promising 100 percent foreign ownership of companies under its shelter, full repatriation of profits, and attractive tax breaks under regulations that supercede existing Qatari business laws.

The vision of the QFC is to become a vibrant hub of financial and professional services in a low-cost, low-risk environment, with minimal bureaucracy, said Minister of Economy and Commerce Sheikh Mohamed Ahmed Al Thani at the inauguration of the QFC by Prime Minister Sheikh Abdullah Khalifa Al Thani on May 1.

"We welcome international financial institutions and multinational corporations who have both the passion and commitment to realise the benefits of a long-term investment in a spirit of partnership with a forward-looking Qatar, which is developing and diversifying its economy from a position of strength," the minister said.

"We are one of the few countries to enjoy a fiscal surplus, an A+ stable sovereign risk rating and extremely high gross domestic product (GDP) growth. By aligning our goals with the international firms we seek to attract, we aim to create progressive partnerships whereby we enable firms to operate profitably in Qatar, in turn benefiting the country," he added.

Firms engaged in project financing, private wealth management, insurance of all types, Islamic finance and other investment, corporate and private banking activities are the target of the QFC.

They will get to enjoy a three-year tax holiday, after which a corporate tax rate of 10 percent will apply.

Although transactions between non-QFC companies in Qatar and QFC companies will still be subject to Qatari business laws, where QFC laws and local business laws conflict, the QFC laws will prevail.

The QFC will operate under two apex bodies - the QFC Regulatory Authority (QFCRA) and the QFC Authority (QFCA). There will be also be an Arbitration Body to adjudicate on disputes and appeals.

The QFCRA will grant licences to operate in the centre and oversee business conduct while the QFCA runs the centre and drives its commercial strategy.

Respected New Zealand-born regulator Philip Thorpe is the chairman and chief executive of the QFCRA.

Thorpe, who reports directly to the Qatari Cabinet, was less than a year ago sacked from the same position in the Dubai International Financial Centre (DIFC) following his objection to a controversial land deal involving key officials of the DIFC.

Unlike the Dubai International Financial Centre, which aims to be the regional hub for offshore financial professionals, and the Bahrain Financial Centre, which touts its credentials as a haven for Islamic banking and finance, the QFC appears to be less a new revenue source for Qatar and more an institution to enhance the operational efficiency of the tiny Gulf state's booming economy.

-- BERNAMA

Choosing a safe haven for your cash

By Carolyn Batt

Luxembourg, Jersey or The Bahamas? The Isle of Man, Cyprus or Bermuda? It's a question many expats face frequently, and it's not about where to take their next holiday.

In the financial sense, "offshore" means a jurisdiction other than the one where you reside. But it is important that investors in offshore funds consider both where the fund is domiciled, and whether there is a satisfactory investor protection regime in place, before parting with their savings.

"The general lack of trust in the financial services industry is greater now than it has been at any time in the industry's history. People who want extra comfort should pay attention to aspects like domicile," said Jonathan Fry, the principal of Yorkshire-based independent financial advisers Jonathan Fry & Co, who names Luxembourg as his preferred fund domicile because its investor protection rules are "second to none".

"We would never buy a house without checking the location," explains Mr Fry. "But how often do people buy investments without considering the correct holding structure for the investment, or comparing available jurisdictions? People working overseas, who are starting to invest offshore, need to be very careful where they put their money."

The domicile of a fund is the place where the institution behind the fund is administered and regulated. There are dozens to choose from, although IFAs tend to be wary of the more exotic locations. "I've never really considered the more esoteric domiciles, as there are more than enough funds to choose from in the better-known locations," said Vivienne Starkey, director of IFA Equal Partners. "For most investors, security is the most important thing, and for that I recommend places like the Isle of Man, the Channel Islands and Dublin. I would tend not to go for places like Bermuda and the Cayman Islands."
Starkey: 'Security is crucial'

A good IFA should tell you whether a particular offshore domicile has stringent investor protection legislation or other measures in place. "Another aspect is anonymity," Ms Starkey added. "Countries like Switzerland, or particularly Luxembourg in the offshore investment field, don't share banking information with other people, and some investors like that.
Luxembourg: a safe stronghold for your money, say experts

"Another issue is the political circumstances. You don't want to invest in countries that may have unfavourable political regimes. Never forget, it's your money."

James McBrearty, a director and offshore expert at John Scott & Partners, says domicile can be important for a number of other reasons, including the ease of communication, transparency of charges, and the knowledge of the fund managers. "My preference on domicile of fund manager would be one of the major offshore financial centres such as Luxembourg, Dublin, Channel Islands, Isle of Man or possibly Switzerland for these reasons," he said.

Another benefit, he added, was the ability to obtain information on aspects commonly considered by advisers in the UK, such as asset allocation and risk factors. "People should get tax advice to check that offshore funds offer an advantage in the place they live," Ms Starkey added.

"There is a misconception among Britons, both in Britain and abroad, that offshore investment will always be tax-free.

"It's not true, and it's very important that they obtain tax advice both before moving to a foreign country, and again before moving back to the UK."

Training staff to think about money laundering

by Chris Mathers

One of the most significant issues in money laundering prevention is the 'know your customer' rule - Bankers call it KYC.

What it means is that if you're going to do business with someone, you need to know who you are dealing with and what they do for a living. This isn't a complicated concept, but in spite of their best efforts, most financial institutions don't have it right. The other day, I went to the bank to open a business account.

The lady who opened it had obviously been given some kind of money laundering compliance training recently, as she was being very officious about looking at my driver's license and then at me to see if the picture matched. But a real money launderer would have slid right past her and she would never have known.

She missed the whole point of the exercise. What should have been of interest to her was the fact that I was an existing customer opening a new account. I already had an account. Why did I want a new one? Why was I changing the nature of my dealings with the bank? That kind of thing is exactly what should start a bank thinking KYC. Why is the customer doing this?

When an existing customer changes things or when a new customer comes in to establish a relationship, it's the perfect opportunity to obtain information: to develop a profile of just exactly what he is planning to do with his account, the sources of the money and what services he will require of the bank. It's perfectly acceptable for a bank to ask a customer about his business and the types of transactions he will be doing. And that doesn't only mean asking if he or she plans to make large cash deposits or foreign wire transfers.

Once you have established a profile of the customer, it becomes easier to spot suspicious transactions if he or she starts to display a pattern of activity that is a departure from the norm. It's also a good way to detect fraud, either by the customer or one being perpetrated on the customer. In smaller branches, where the staff knows their customers, they can often tell that con artists are victimizing their elderly clients when they come in looking for a large draft or a certified check.

Money launderers need to get their money into the banking system. To do this, they need bank accounts. Most financial institutions are big and impersonal, and bad guys are looking to take advantage of that. If they can set up the account without having to provide too much information, they can operate fairly anonymously. Once they have the account, the bank may never see them in person again.

Some banks still maintain what are known as lodge accounts. These are accounts that are established for charities, sports teams and not-for-profit organizations that regularly receive donations from large numbers of people. They are perfect for low-level laundering because, typically, the account traffic involves deposits of cash or third-party checks, which subsequently move out of the account in the form of an instrument of some type. This kind of activity is sometimes referred to as warehousing' and it is a strong indicator of money laundering activity.

If a launderer needs to open multiple accounts, another technique is to pay a "beard" to open the account, and then just take it over. Either that, or simply establish an account in another name using the false identification.

So how does a bank get its employees to do the things that are necessary to prevent and detect money laundering? Obviously, the answer is training. But the hard part is training people not just to go through the motions, but also to think.

One day a few years back, when I was still in the money laundering business, I went into a bank in Canada at which I maintained, on behalf of US Customs and the FBI, a number of corporate bank accounts that my colleagues and I used to warehouse criminals' funds while they thought we were investing and cleaning it up for them. I was making a deposit of a comparatively small amount of cash, about $50,000 that we had earned as commission on one of our deals.

When I approached the teller, a young man of about twenty-five or so, with my deposit slip and the cash, he slid a Source-of-funds (SOF) declaration form across the counter to me.

In those days, there was no legislation in Canada that obliged financial institutions to report suspicious transactions or transactions over a threshold amount. Not only that, but government hadn' t yet established a reporting centre to record and analyze reports, so there wasn't any place to send them anyway.

But the banks took it upon themselves to start having some of their customers fill out forms just the same; the forms were then sent on to their own security people for review. According to the rumor, banks were aware that the government was about to pass legislation forcing them to report wires and cash transactions over $10,000, and they hoped their voluntary action would delay the new laws. The bankers were smart.

They guessed that money-laundering legislation was going to cost them a fortune, because it would oblige them to create a huge infrastructure just to remain in compliance. They were right. Now that there is legislation, they spend a ton of money on obeying the law and it doesn't make them a cent in profits.

Anyway, the young teller gives me the form. Now, you have to remember I'm supposed to be this big gangster, so I can't just say anything and fill out the form. I had to act like a gangster. So I thought that maybe I'd try blustering my way out of it, and maybe intimidate him a bit while I was at it, just to keep my skills up.

Me: What is this?

Teller: This is a source-of-funds declaration, sir. It has to be completed for every cash transaction over $10,000.

Me: I'm not filling this out.

Teller: I'm sorry, sir, it's bank policy. You have to complete the form or I can't take your money.

Me: Listen, man, look me up on your computer there. I have about ten different accounts at this bank with about a million bucks in each one; so don't try to mess me around. You'll just end up getting fired.

Teller: Sir, If I take your money without having you fill in the form, I'll get fired anyway.

This kid was pretty good, and he wasn't having any of my hot air.

So I filled out the form. In the space where it said to put your name, I printed Brian Mulroney,' who was the prime minister of Canada at the time. Then I gave the form back to the teller. He took the form, thanked me and placed it in the appropriate slot. He never even looked at it. Obviously, no one else ever did, either, because the bank never called me on it and none of them knew who I really was.

That was the problem. The teller's training had worked right up until the point where he got me to fill out the SOF form. But it doesn't do much good to force customers to do the paperwork if you're not going to take the time to look at it when it's completed. It's still all about training people to think. A novel concept, I admit, but a good one.

Chris Mathers worked undercover for the Royal Canadian Mounted Police, Drug Enforcement Agency and FBI in Canada, US and other foreign countries, posing as a money launderer and drug trafficker, personally infiltrating Russian, Columbian and Asian Organized crime groups. Mr Mathers spoke at the Caribbean Compliance Association Conference in February.

Copyright © 2003 - 2005 Cayman Net Ltd All Rights Reserved

Wednesday, May 04, 2005

London and Capital offshore banking

London & Capital, a leading firm
of private client wealth managers and fund managers, announces the opening of
its first U.S. satellite office based in Miami. This office will help to
support the huge growth in business that they are enjoying from Latin America,
the Caribbean and North America. In the past year there has been an increase
of over 40% of assets from this area.
The office will initially be run by Tony McLoughlin, investment director
and William Dalziel executive director.

* Tony is a long-standing senior member of the London & Capital team,
having spent most of his career there and in the industry. Tony
oversees investment strategy across the firm and the company's growing
investment strategy team, in addition to his own client management
responsibilities. He has been working with private clients and their
advisers for 20 years. He is a member of the ITPA and works closely
with international tax attorneys and estate planners on wealth
management solutions for high net worth individuals.

* William is new to London & Capital and has joined from a senior
executive position with Zurich. William is responsible for London &
Capital's clients in the Caribbean and Latin America. He has spent
much of his career with British and international insurance groups.
For the last eleven years he worked for Zurich Financial Services, as
Director for International Life business in Latin America, then as
Distribution Development Director before joining London & Capital.
William has been based in Miami for five years, developing insurance-
based wealth structuring solutions for non-US high net worth
individuals and their advisers.

The philosophy of London & Capital, since its inception, has been to
understand the needs of clients and provide solutions. The organisation
currently service clients across the globe and operate on a truly 24 hour a
day basis. The client management team travel extensively, ensuring a very high
level of service.
Commenting Daniel Freedman, group-managing director said: "In North
America, our business focus is fund management, through the Loncap range of
investment solutions. We currently manage seven funds and are planning to
launch further vehicles throughout the year. The US market is beginning to
appreciate an "absolute" style of investment management, which is our core
house style. In the long term our plan is to significantly increase our funds
under management attributable to North America. Due to this, the time is now
right to open an office to manage these relationships on this side of the
Atlantic.
London & Capital's experience has shown that business in Latin America and
the Caribbean is focused on wealth preservation and looking to an absolute
management style to ensure protection of capital and returns within set risk
and reward parameters. They offer a truly diverse and global capability with
multi-currency denominated funds both hedged and un-hedged and seek both new
business and investment opportunities globally.
Tony McLoughlin, investment director said: "We are finding that business
in Latin America and the Caribbean is focusing on wealth preservation and
looking to our absolute management style to ensure protection of capital and
returns within set risk and reward parameters.

London & Capital was established in 1986 and the business has grown
through a commitment to independent innovative investment service. London &
Capital has four core parts to its business operation:

1. Wealth management advisory business
2. Funds business (Loncap)
3. Offshore life office
4. Advisory and Management services for Real Estate

The company provides private individuals, family offices and institutional
investors from around the globe with expert advice on offshore and onshore
investment strategies, with a strong focus on absolute returns, volatility and
risk management, asset verses liability matching but ultimately security of
capital.

Qatar Offshore Finance Center not design as tax haven

By Pratap John
DOHA: The Qatar Financial Centre (QFC) will have a competitive tax regime, one that is aimed at ensuring a fair balance between its financial objectives and the needs of participating businesses, Minister of Economy and Commerce HE Sheikh Mohamed bin Ahmed bin Jassim al-Thani has said.
He said QFC was not designed either as a tax haven or a preferential tax regime. While QFC will not follow the “offshore model” of zero tax, it will not impose heavy taxes on participating businesses as well.
“The tenants will not be taxed on their businesses for the first three years. This means they will not have to pay any tax on their business till May 1, 2008,” Sheikh Mohamed told Gulf Times after the inauguration of the Qatar Financial Centre yesterday.
Businesses operating in the QFC will also be entitled to 100% ownership and full repatriation of profits.
He said QFC would comply with the global best practices and deliver high standards with minimum bureaucracy. The regulatory framework and the commercial intent will provide opportunities for institutions to do international, regional and local business.
“There is an extensive breadth of business that may be undertaken at the centre, but the strategic and commercial focus will be to encourage institutions that can develop new and genuine revenue streams, thereby creating value for themselves and bringing complementary assets and skills to Qatar and the region,” Sheikh Mohamed said.
He said QFC would not be modelled on the pattern of any other financial centres in the region. It is baseless to say QFC indicates Qatar’s one-upmanship.
“The existence of a financial centre in Dubai or Bahrain should not deter us from designing and launching one.
“Having said that, we will always look at centres that have been successful. Whatever we can gain from their experience, we will,” he said.
However, Sheikh Mohamed said, QFC would be run totally independently and framed within very high standards and a reliable monetary and regulatory system. Qatar provides a real platform for growth for international businesses.
“Our economy is booming. The world’s major companies are signing deals here. We have big infrastructure projects and major developments going on. Naturally, international financial centres will show interest in Qatar,” he said.
QFC is actively encouraging applications from firms which share its long-term view and aspirations, Sheikh Mohamed said and added the response on day one had been “very positive”.
“Already QFC’s telephone bills are ringing. With the centre being opened for business today, institutions can collect applications for tenancy,” he said.
QFC will focus on project finance, private wealth management, insurance of all categories, Islamic finance and wide range of investment, corporate and private banking opportunities.
The vision for QFC, he said, was to become a vibrant hub for conducting financial and professional services in a low-cost, low-risk environment.
“We welcome applicants who have both the passion and commitment to realise the benefits of a long-term investment in a spirit of partnership with a forward looking Qatar, which is diversifying and developing its economy from a position of strength,” he said.

MBIA uses bermuda reinsurance as key offshore banking strategy

By Mark Whitehouse and Theo Francis, The Wall Street Journal

ARMONK, N.Y. -- In the summer of 1998, bad news pierced the calm, country-club atmosphere at MBIA Inc., a bond-insurance company that helps cities across the U.S. raise money. A Philadelphia hospital group had filed for bankruptcy protection, leaving MBIA on the hook to pay about $170 million to cover the group's debts.

MBIA prides itself on writing policies that don't produce claims, and never in its then-24-year history had it faced one like this. Executives responded with a move akin to buying insurance on a house as it burned, persuading three other insurance companies to pay the $170 million and promising in return to give them some new business. The deal, which raised few eyebrows at the time, helped MBIA maintain its reputation for steady, reliable earnings growth.

More than six years later, the deal has become a threat to MBIA's sterling reputation, which is essential to maintaining its elite triple-A credit rating. The turning point came in early March, when MBIA issued a mea culpa: It said a $70 million portion of the deal had probably included an oral promise to protect one of the reinsurers from most losses, which would render MBIA's accounting for part of the transaction improper. MBIA restated six years of financial results.

The deal is a focus of investigations by the Securities and Exchange Commission, the U.S. attorney in Manhattan and the New York attorney general that stemmed from broader probes of insurance accounting. Investigators are looking at other MBIA dealings as well.

MBIA isn't just any insurer. It is a linchpin of the municipal-bond market. Thousands of American cities, counties and states rely on MBIA to insure repayment of their bonds and thus let them borrow money more cheaply for schools, bridges, airports and roads. MBIA insures about $400 billion of municipal bonds, about 20 percent of all such debt in the U.S. About two-thirds of that debt is owned by individual investors, directly or through mutual funds.

Analysts say MBIA's financial position remains very strong. Indeed, among municipal-bond specialists, its strength is an article of faith. Asked what would happen if MBIA should ever lose its triple-A credit rating, James A. Lebenthal, chairman emeritus of the Lebenthal & Co. municipal-bond brokerage house and a former MBIA director, says: "You're asking me to speculate on the divinity of the emperor. The emperor is divine."

Based in a modern stone-and-glass building on a wooded campus north of New York, MBIA has had a long run of growth and low-risk profitability. The business began in 1974, when the Municipal Bond Insurance Association, as it was first called, opened its doors to offer a largely untested product: a promise to make interest and principal payments on municipal bonds if the issuers couldn't.

This might have seemed redundant, since municipal issuers' power to tax meant they almost never missed payments. But the timing proved opportune: The following year, New York City spent several months on the verge of default, shaking investor confidence in muni bonds and making insurance on them attractive.

Since then, MBIA and other triple-A guarantors, such as Ambac Assurance Corp., Financial Guaranty Insurance Co. and Financial Security Assurance Inc., have made money by exploiting a difference in perception: Where the market sees some risk, the insurers see perfectly safe bonds. By wrapping the bonds in its triple-A rating, MBIA allays investor concern and thus lowers the interest rate the issuer must pay to attract bond buyers.

MBIA has long boasted of writing insurance to a "no-loss" standard, meaning it expects never to face claims. But on July 21, 1998, came an unpleasant surprise. The Delaware Valley Obligated Group, part of a big Pennsylvania nonprofit hospital chain called Allegheny Health, Education & Research Foundation, sought bankruptcy protection after expansion plans foundered.

That threatened MBIA with having to make future principal and interest payments on $256 million of bonds it had insured. The actual claim wouldn't be that large, in part because the payments were due over many years. A smaller amount could be set aside, producing sufficient income to make the bond payments when due.

MBIA assured investors all was well. Its $75 million in reserves "will be sufficient to meet anticipated losses arising from the bankruptcy," MBIA said. "The company does not expect losses from this insured credit to affect its earnings."

In reality, MBIA didn't know exactly what it would do, people familiar with the matter say. And soon, MBIA publicly pegged the claim's likely cost at $170 million. But Sean Whelan, then an insurance broker at a unit of Marsh & McLennan Cos., had an idea, MBIA confirms: It was to get reinsurance to cover the loss, offering the reinsurers future business in return.

Reinsurance is coverage that insurers themselves buy, to spread their risk. But they typically buy it when they write policies, not after a claim is looming. And indeed, a transaction usually wouldn't qualify as insurance under accounting rules if the exact amount of a coming claim was already known. For it to be insurance, there must be uncertainty about both the size and the timing of any claim, and the responsibility for paying must actually be shifted to the insurer.

Mr. Whelan and MBIA's chief financial officer at the time, Juliette Tehrani, began seeking companies willing to do a "retrospective" reinsurance deal, MBIA confirms.

MBIA received a warning about doing such a deal, say two people familiar with the matter. They say one company, Capital Re Corp., warned an MBIA executive that Capital Re's auditors at Ernst & Young LLP thought such a deal might not pass accounting muster. Capital Re, now Assured Guaranty Ltd., declined to comment. Ernst said its policy is not to comment on client matters.

In a written statement, MBIA says it isn't aware of having had any such warning. Ms. Tehrani declined to comment on the issue. Mr. Whelan, now at a unit of insurance broker Willis Group Holdings Ltd., declined to be interviewed.

By September 1998, MBIA had found three willing reinsurers: Zurich Reinsurance (North America), now a unit of Converium Holding AG; AXA Re Finance SA, known as ARF, which is a unit of AXA SA; and Munchener Ruckversicherungs-Gesellschaft, called Munich Re. Converium covered $70 million of MBIA's loss. The other two provided $50 million each.

In return, MBIA has said, it promised to give the three enough reinsurance business over six years so they'd receive $297 million in premiums. Through a series of transactions, ARF took responsibility to pay any claims on most of Converium's part of that new business.

AXA has said it was subpoenaed by U.S. authorities and will cooperate. Coverium and Munich Re have said they accounted for the deals properly.

MBIA says the business it promised the three was no less risky than what it regularly gives to other reinsurers. If so, the three effectively paid $170 million for business their competitors typically got free. This, says MBIA's general counsel, Ram Wertheim, is exactly what happened. "It was kind of unique," he says. "AXA and Munich were extremely interested in getting into the financial-guaranty business in a big way."

Eight days before MBIA's Sept. 29, 1998, announcement that it was getting $170 million from the three reinsurers, Ms. Tehrani stepped down as chief financial officer, becoming "special assistant to the chairman." She didn't offer an explanation. Neither did MBIA, though last week it said the move was part of a realignment brought on by two acquisitions. Ms. Tehrani is no longer at MBIA.

Most analysts in 1998 viewed MBIA's deal positively. Still, its announcement didn't seal the deal, say people familiar with the situation. PricewaterhouseCoopers LLP, MBIA's auditor, initially hesitated, these people say.

The matter was referred to PwC's National Technical Services Group, a sort of internal arbiter for sticky accounting questions, the people say, adding that after considerable lobbying by MBIA's then-CEO, David Elliott, the accounting firm signed off in December.

PwC says its "audit conclusion was not influenced by anyone outside of the firm." Mr. Elliott, who stepped down as CEO in May 1999, declined to comment.

MBIA says in a written statement that its accounting for the deal "was reviewed and approved by the company's auditors." Also, at some point, MBIA says, Ms. Tehrani presented the deal to a committee of its board.

"We have full confidence in the guys who run this company -- they're very smart," says David C. Clapp, an MBIA director. "I think most of us would have said, 'Fine, good, go with God.'"

MBIA reported a profit for 1998 of $433 million. The board's compensation committee approved $36 million in bonuses.

Some of the first criticisms of the deal surfaced four years later, in a December 2002 report by New York hedge fund Gotham Partners. The private investment pool had placed a bearish bet on MBIA, contending its results had been boosted by various accounting and financial moves. For instance, Gotham said the reinsurance related to the faltering Allegheny bonds was "not in fact reinsurance, but rather a loss-deferral, earnings-smoothing device."

Some other issues Gotham raised have since become part of government investigations. Among them: how MBIA creates reserves against potential losses, and whether MBIA's accounting for advisory fees artificially boosted current earnings. The Gotham report claimed MBIA had failed to recognize billions of dollars in losses on complex corporate debt securities it had insured.

MBIA vigorously protested the hedge-fund report, aggressively defending its practices. Its stock slid as a feud between it and the fund went on for weeks. The New York attorney general's office sought in 2003 to determine whether Gotham Partners had issued the report in a bid to manipulate the market. The probe brought no sanction or settlement.

The brouhaha eventually waned and MBIA's stock rebounded. But some of Gotham Partners' criticism of the Allegheny deal proved prophetic.

MBIA says its management became aware of a problem with the Allegheny hospital-bond deal only last year. It says one of the reinsurers, ARF, came to it with a surprising claim: that MBIA had orally promised to end ARF's reinsurance role by October 2005. That is, MBIA would take over the responsibility ARF had assumed for most losses on Converium's slice of the deal.

Such a promise would have significantly reduced the risk transferred to ARF. Thus, it would have made the $70 million MBIA received in 1998 look less like an insurance payment and more like the proceeds of a loan. The distinction is key because a company can't use loan proceeds to offset losses on its income statement.

MBIA says that last October, before any subpoenas arrived, its audit committee hired an outside lawyer to investigate the 1998 deal. MBIA initiated the inquiry at about the time it was sued by AXA over the issue, MBIA confirms -- adding that it has settled the suit. MBIA says its outside lawyer concluded that an oral promise "more likely than not" had been given to AXA's ARF unit.

So early this March, MBIA said it had reclassified the $70 million as a "deposit" rather than insurance proceeds, and restated its results from 1998 through 2003. (Even with this setback, says MBIA, it has had to make good on only 0.03 percent of principal and interest payments of bonds it has ever insured.)

PricewaterhouseCoopers says it "was unaware of any alleged oral understanding related to the transaction" when it audited MBIA's books for 1998.

A person familiar with the 1998 transactions asserts that Ms. Tehrani and Mr. Elliott were aware of the oral agreement with ARF at the time. Documents from a reinsurer on the deal support that contention, according to someone familiar with the material. Ms. Tehrani denied knowledge of an oral agreement but wouldn't comment on anything else. Mr. Elliott declined to comment.

MBIA says that "if there was an oral agreement or understanding, Julie Tehrani is the person at MBIA who would have made it." And its audit-committee probe found "no evidence that Ms. Tehrani advised any other executive or employee of the existence of any oral agreement," MBIA says in a statement.

MBIA's acknowledgment in March that it appears an oral promise was given -- after insisting for six years that the 1998 deal was proper and properly booked -- has dented some people's confidence in MBIA management. Another factor in this is a broadening of the probe.

In early April, investigators began looking into a reinsurer that MBIA owns part of and that does all of its business with MBIA. That company, Channel Reinsurance Ltd., is headed by the former MBIA chief, Mr. Elliott. MBIA says its dealings with Channel Re, based in Bermuda, are all proper, and suggests that the scrutiny is just a natural outgrowth of today's broad look at dealings with offshore reinsurers.

"A breach of trust has occurred to such a degree that it may be difficult for shareholders to rely on (MBIA) management's statements going forward," wrote Kayla Platt, lead analyst at proxy advisory firm Glass Lewis, in an April 13 report. Ms. Platt recommended that shareholders withhold votes from three key MBIA board members.

However, another proxy advisory firm, Institutional Shareholder Services, supported all the board members. And both Moody's and Standard & Poor's affirmed MBIA's triple-A ratings, saying the issues under investigation would have little material effect on MBIA's financial position. This is in contrast to insurer American International Group Inc., which has been downgraded a notch amid widening investigations.

"The only thing that is going to possibly lead to a rating change" at MBIA "is a severe economic depression," says David Veno, a Standard & Poor's analyst.

MBIA has a close relationship with the big credit-rating firms. It shares information on troubled policyholders with them, and two former Moody's executives have served on MBIA's board. The rating firms and MBIA say the insurer gets no special consideration.

If MBIA faced more difficulties, its management could take various steps to ward off a downgrade, including shoring up its capital. "The company and the board recognize the importance of the triple-A rating," says MBIA's Mr. Wertheim, "and will do everything to make sure we maintain that triple-A rating."

Monday, May 02, 2005

Offshore investment stock broker Internaxx

Specialist stock broker Internaxx goes live at the Worldwide Property Show Dubai
Internaxx, the Luxembourg based stock broker whose services have been specially designed for expat and international investors, will be giving live demonstrations of its online trading platform at the Worldwide Property Show at The Dubai Grand Hyatt on May 12 - 13 - 14.

Internaxx, backed by TD Bank and Fortis, offers trading on a dozen global stock markets over the Internet and access to cfd/forex facilities. Expats living in the Middle East can access global markets and maximise investment opportunities across the world through a comprehensive and secure service, anywhere at any time.

Internaxx - the ideal online, offshore brokerage for expats based in the Middle East
Traditionally the preserve of the advisory client, the offshore market has recently opened up to the self directed expat investor. More than ever, increasingly mobile and financially aware expats are choosing where and how to invest. They are turning to low cost, online brokerage services that enable equity trading in international markets and access to a range of offshore mutual fund products.

Investors opening or transferring a brokerage account should be careful to identify a service that can fulfil their particular needs.

Internaxx has extensive experience of customers based in the Middle East, enabling them to diversify portfolios and thereby reduce risk and boost opportunity. Internaxx offers a full range of real-time equity trading in twelve markets including North America, the United Kingdom and Continental Europe, as well as cfd and forex trading on a dedicated downloadable station. For those seeking the broadest diversity in equities, bonds or monetary instruments, a fund supermarket allows access to over 250 offshore funds.

Internaxx also offers the investor the confidence of dealing with a company with blue chip backing. Based in Luxembourg, Internaxx is the offshore arm of global online broker TD Waterhouse and Banque Générale du Luxembourg, part of the international Fortis Group.

Expats based in the Middle East more internationally aware but less bullish than expat investors based in the UK and Europe.

Internaxx is the only financial organisation to conduct a biannual research study among expatriate investors. The last survey conducted in November 2004 highlighted the confidence of international investors in their investment performance, with 33% of expatriates saying they have outperformed the market, and 46% saying they had matched it.

Internaxx explained this out-performance on investment results with a growing awareness of the globalised economy and international global trends. 85% of investors wanted their principal investment providers to give access to international equities and 73% claimed to have more of an international outlook than other investors.

The research showed expats based in the Middle East were more internationally focused than expats based in the UK. Only 52% of expats in the UK had assets off shore compared with 72% of those based in the Middle East and 74% of those based in Europe.

But UK based investors were more bullish about their performance than their Middle East counterparts, 41% and 26% respectively saying they had outperformed the market. Risk takers were twice as likely as conservative investors to outperform the market, with 45% of those prepared to take risk outperforming the market, dropping to 25% for those who considered themselves to be conservative investors.

Furthermore, expat investors exposed themselves to much more diversified and risk-optimized portfolios than domestic investors. Together with their 'home' stocks, they continued to be attracted to the volatility of tech shares and commodities, US stocks and stocks available in their country of domicile.

For all expats, tax efficiency was the biggest driver at 72% followed by confidentiality at 54%. Pricing and value came third at 49%.

Almost 70% of expat investors worldwide had placed their assets offshore, though the figure had dropped slightly from the first Internaxx survey in 2002/3. The biggest reason given was a belief that the barriers to entry are higher than investors can afford.

The survey also showed that Switzerland and Luxembourg came top for investor confidence, with 68% and 67% respectively. The Isle of Man scored 48% and Guernsey and the Cayman Islands scored 47% and 23%.

In judging the most important virtues of a provider, investors wanted a reputation for trustworthiness, integrity and transparency, which were ranked equally with accessibility and cost. When dealing shares, expat investors preferred on line brokers (58%) to banks (57%) and other brokers (42%) and rated online brokers more satisfactorily (53%) than banks (41%). An interest in ethical investments and the ability to manage and organise pensions from multiple employers in more than one country were also mentioned by respondents for the first time.

The internet was seen once again as the principal information provider for expatriates, who placed it at the top of the list of information sources for investment decisions with an overwhelming 90%, a massive rise form the 41% from two years ago.

The survey also showed that a big majority (74%) of investors did not pay for advice, preferring to do their own research - primarily using the internet and English language media. However, among the 26% who did pay for information, subscription based services were almost as important as traditional IFAs and brokers (47% to 53%). Among the 26% of investors who paid, Middle East expats had a greater propensity to pay for advice (35%), than did UK based investors (30%).

Expatriates also claimed to be content with their lifestyle: A large majority (93%) were very (47%) or fairly (46%) happy in their present situations. Interestingly, the ones who were happiest with their current situation also claimed to have their financial affairs under control. Those who expressed satisfaction had also outperformed the market, and of those the happiest were those who had moved their assets offshore (77%).

Robert Glaesener, General Manager of Internaxx, said: 'In our third bi-annual survey, interesting patterns emerged. The advent of the serial expat who moves between employers while staying away from home, the dominance of the internet as an IFA in its own right and the gritty determination of expats to believe in themselves and their decisions - to name but a few. The research also highlighted a jump in the reputation of Luxembourg for its transparency and competitiveness and as a financial hub for international investment.

The 2005 Internaxx Expat Investor Confidence Survey is now underway. Expat investors who would like to participate should
e-mail rb@resolutionresearch.co.uk for a copy of the 2005 questionnaire. Internaxx will make a donation to charity for each participant and one lucky winner will receive a hamper from Harrods in London.

Offshore credit cards protect your privacy

Recent events in Korea are a timely reminder of the need to retain privacy in our increasingly big brother dominated world. As reported recently in Offshore News the USA is not too happy about offshore casinos either. The only way to protect yourself from being caught up in these sort of dragnets is to use an offshore credit card. That way, when your local police subpoena credit card records from banks, your name won't show up as one of the criminals committing the heinous crime of gambling offshore!


Police Arrest 13,000 Internet Gamblers

By Bae Keun-min
Staff Reporter

Police have caught about 13,000 people who habitually visit overseas Internet gambling sites, including a diplomat and a national university professor.

Using credit cards, they spent an estimated 12 billion won at some 50 gambling sites, according to police.

Of the suspects, police requested an arrest warrant for seven suspects on charges of habitual gambling, while 26 others, including a diplomat, identified as Kim, 41, were booked without physical detention.

The suspects subscribed to the sites and spent 12 billion won playing around 50,000 games.

Kim, a diplomat, is suspected of using credit cards 122 times, racking up 30 million won in total payments.

A national university professor, identified as Hong, 62, utilized his plastic cards 382 times to pay for his 26 million won worth of gambles on the Internet.

Of the seven facing imminent arrest, Yu, a 49-year-old unemployed man, squandered more than 100 million won.

Another suspect identified as Kang, 32, input her sibling’s credit card number, spending 100 million won on cyber gambling, forcing her sibling to be listed as a credit delinquent, police said.

``The suspects range in age from around 30 to 70. We have selected people who spent more than 25 million won or paid more than 100 times, to face criminal charges,’’ police said.

Police estimated a total of 100 billion won had been leaked offshore due to gambling, including an estimated 25 billion won through online gambling.

Police have asked the Ministry of Information and Communication to shut the detected sites.

``We’re seeing a rising number of cases where South Koreans register at overseas gambling sites under a foreigners’ name. It’s hard to control gambling sites registered abroad,’’ police said.

Sunday, May 01, 2005

Qatar Offshore Finance Centre launches on May 1

The new Qatar Finance Centre, offering a special legal environment and regulatory zone for financial institutions is to launch on May 1. How will it measure up to the existing regional financial hub in Bahrain, and its upcoming rival the Dubai International Financial Centre?

A few eyebrows were raised in London and Dubai in March when the Qatar Finance Centre appointed Phillip Thorpe as its chief regulator. After all it was less that 12 months ago that Mr. Thorpe was escorted from the premises of the Dubai International Financial Centre following policy disagreements and an obvious personality clash.

But this New Zealand born professional has an outstanding track record as a regulator, and it should not be such a surprise to find that another of the booming Gulf economies has employed him. But the QFC will not be a copy of the DIFC.

Insiders say that the QFC will be built around the need to service the enormous financial demands of the expansion of the Qatar LNG and oil sectors. There will be 100% ownership and repatriation of profits for QFC companies, and a three-year tax holiday after which a low rate will apply.

This is expected to appeal to commercial banking, project finance and asset managers as well as multi-nationals. But unlike the DIFC and Bahrain, Islamic banking and large back-office operations are not a priority. The focus is more on boutique specialists servicing the local economy, albeit the richest and fastest growing economy in the Gulf of Arabia.

Mr. Thorpe is at the apex of a three-tier authority structure comprising the Qatar Financial Regulatory Authority, the Qatar Financial Centre Authority and an arbitration body.

At the announcement of the launch last week an official spokesman said that where QFC laws and local business laws conflict then the QFC law will prevail. But transactions between non-QFC companies in Qatar and QFC companies will be subject to Qatari business law. It will be interesting to see how this works in practice.

QFC realistic ambition
However, Qatar is being very realistic in its QFC ambitions. The aim does not seem to be to create a massive base for offshore financial professionals like the DIFC, or to provide a regional hub for Sharia-compliant banking like Bahrain.

The QFC is simple a strongly regulated environment for boutique financial services. Its arrival is welcomed by the banking sector, but it should be seen more as a further boost to the operational efficiency of the Qatari economy than an attempt to create a major new revenue source for Qatar.

Oil and gas are quite sufficient, and upgrading the financial infrastructure to handle this development and wealth makes good sense.

U.S. judge blocks tax-evasion scheme

An Edmonds man is barred from using sham trusts

By Jim Haley
Herald Writer

SEATTLE - An Edmonds man associated with anti-government religious organizations has been barred from promoting a tax scheme that used sham trusts to help customers evade paying federal taxes, the U.S. Justice Department announced Wednesday.

U.S. District Court Judge Ricardo Martinez signed an order Tuesday that said Glen Stoll continues to promote the fraudulent scheme after the Justice Department in February filed a lawsuit to stop it.

The court found that Stoll sold fraudulent "corporation sole" and "ministerial trusts," telling customers that they would be treated like churches and could avoid paying income taxes or filing tax returns.

A corporation sole is a device recognized by Washington law for churches to hold property used in association with religious activities.

"The court stated that the ministerial trusts Stoll created for his customers were not created for religious reasons, but were instead used to operate secular businesses - such as pest control and carpet cleaning firms," the government said in a statement.

"People who buy into tax-fraud schemes are buying nothing but trouble," said Eileen O'Connor, assistant attorney general for the Justice Department's tax division.

That trouble includes past-due tax bills, plus interest and penalties, and the possibility of criminal prosecution, O'Connor said.

The court order also requires Stoll to turn over his customers' names, mailing and e-mail addresses, and Social Security and telephone numbers.

The order requires Stoll to notify his customers of the injunction, remove materials about the promotions from his Web site and post a copy of the injunction on the site.

In February, the Justice Department sued Stoll and Michael Stevens of Everett, alleging fraud in promoting tax-shelter plans. The lawsuit alleges that Still and Stevens are former associates of John and Candace Sinclair of Kirkland, who are defendants in a similar lawsuit filed in January.

According to the complaint, the men helped customers transfer their income to offshore bank accounts. Customers then got access to their money using credit cards. They allegedly were advised not to report the income on tax returns.

The government said Stoll and Stevens ran several businesses, including Nonprofit Commercial Enterprises, the Firm Foundation, Ecclesiastical Enterprises, Family Defense League and Remedies at Law.

Stoll has been involved with Embassy of Heaven, an anti-government religious organization based in Sublimity, Ore., according to court documents.

In the 1990s, Stoll was a father's rights activist operating in Snohomish County.

Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.

US Gov't curbs bankruptcy protection

BY BRIAN WILLIAMS
HOUSTON— In the name of “restoring integrity to the bankruptcy system,” U.S. president George Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 into law April 20. The measure further restricts the ability of working people and many in the middle class to get out from under crushing debts. At the same time, the law maintains safeguards for bankruptcy filers who own capital or have enough wealth to shield it in trust funds or expensive properties.

The move comes as millions of working people in the United States are facing an ever-increasing personal debt burden fed by stagnating wages and benefits, the ballooning cost of health insurance, and rising housing and other basic costs of living.

The bill is the largest rewrite of the U.S. bankruptcy laws since 1978. Its passage signifies a victory for the banks and credit card and auto financing companies that drafted the legislation and have been pushing for passage of some version of it over the past decade. The bill won bipartisan support, passing by a 302-126 vote in the House of Representatives and a 74-25 margin in the Senate.

The new law is aimed at preventing many who file personal bankruptcy from making use of Chapter 7 of the bankruptcy code, which allows individuals to forfeit some assets in exchange for wiping out much of their debt based on a decision of a bankruptcy judge. Instead, a means-testing system is being instituted that will force those who are found to earn above the median annual income in their state to file under Chapter 13, which requires a regular repayment schedule to creditors.

For example, a person in this category who is judged able to pay at least $6,000 over five years—$100 a month—would be forced into a Chapter 13 bankruptcy. Further, those who are required to file under Chapter 13 would have to make repayments for five years. Under current law, those payments cease after three years, even if the debt is not fully repaid.

The new law also puts auto finance companies ahead of most other creditors in line for repayment—the fruit of intense lobbying by General Motors and other auto monopolies. In addition, the new means-testing system will increase the paperwork and along with it the legal expense of preparing a bankruptcy filing, further restricting the accessibility of debt relief for working people.

According to the American Bankruptcy Institute, up to 20 percent of those who file under Chapter 7 bankruptcy each year will be disqualified from doing so under the new law.

Ballooning personal debts
Bankruptcy filings have been soaring in the United States as personal debts from credit card purchases and car loans have mushroomed. Some 1.6 million individuals in the United States filed for bankruptcy in 2003, nearly twice the number a decade earlier.

Debt from credit cards and car loans in the United States stood at a record $2.05 trillion as of last September, and has continued to rise since then. That’s an average of $7,296 per U.S. resident. Between 1999 and 2003, household debt rose from 70 percent of the U.S. gross domestic product to 83 percent. More than 13 percent of household income went toward paying interest and principal on those debts.

In fact, household debt in the United States as a percentage of disposable income—which the U.S. government defines as personal income minus taxes, fees, and fines—has risen from 60 percent in 1984 to about 115 percent in 2004.

Some 27 percent of households that earn less than $20,000 in annual income pay 40 percent of it to creditors.“Too many people have abused bankruptcy laws,” Bush said in a press conference following the signing. “They’ve walked away from debts even when the had the ability to repay them.”

A study conducted by Harvard University in 2001, however, suggests that most people who file do so because of crushing debt brought on by unforeseen events. Of the 1,771 personal bankruptcy cases studied, about half were the product of rising medical expenses. “Nearly 95 percent of those who declare personal bankruptcy are swamped by job loss, family breakup, medical problems or some combination,” reported Newsweek columnist Jonathan Alter about this study. “About 10 percent have the pleasure of getting cancer and going bankrupt at the same time.”

Alter further noted, “By the time a debtor has filed for bankruptcy, he or she has often repaid the original credit-card debt plus some interest but still owes thousands in interest on the interest and other fees.” The drive by the bosses to cut health benefits has been a key factor in the debt squeeze. The out-of-pocket costs for health care have increased steadily over the past two decades. Between 1995 and 2002 the costs went from an average of $547 per person annually to $744. That doesn’t tell the whole story, however, as more and more workers face the prospect of one serious illness or expensive treatment that could wipe out their savings and put them into long-term debt.

Millionaire’s loophole
Under the new law the wealthiest bankruptcy filers remain shielded from creditors through a variety of devices.

The law does not touch, for example, the so-called millionaire’s loophole. Five U.S. states—Alaska, Delaware, Nevada, Rhode Island, and Utah—allow trust accounts set up in institutions in those states to be exempt from the federal bankruptcy code. People who have the means—read millions of dollars—to set up such a trust don’t need to live in the five states, simply set the trust up there.

That’s not even to mention the swath of offshore accounts, or the “spendthrift trust” that allows the wealthy to create a protected account for their relatives’ use.

These hidey-holes don’t merit so much as a mention in the bill.

Bankruptcy court has never been the terrain of the working class. It has always been designed for those who own capital and the banks they are indebted to. A large section of the code—Chapter 11—is devoted to the mechanisms through which capitalists can use bankruptcy protection to shield themselves from creditors while they restructure their businesses. This section includes subheadings like “Aircraft equipment and vessels”; “rejection of collective bargaining agreements”; “Abandonment of railroad line”; or “payment of insurance benefits to retired employees,” which provide mechanisms for the bosses to escape obligations and shield their capital while they reorganize.

In times of economic crisis, bankruptcy serves as an important safety valve for the capitalist class to maintain stability and defend the monopolists. In the recent period, large corporations like U.S. Airways and Horizon Natural Resources, a large coal company, have used the fig leaf of bankruptcy court to tear up union contracts and slash pensions and health benefits. The recent bankruptcy “reform” does nothing to challenge the prerogatives of these bankruptcy filers.

Russia's FSB wants to control the internet

Russia's Federal Security Bureau (FSB) are keen to be the latest spook pack who think they can control the Internet to ban ideas they don't like. The outcome is guaranteed - a proliferation of Russian proxy providers, thus ensuring zero reduction in illegal porn, minimal impact on organised crime online, and a big hole in the taxpayers wallet. Have they never heard of China?? Chinese web surfers are no more restricted than anyone else despite their government's efforts.


MOSCOW, April 28 (RIA Novosti) - Russian security authorities should be given broader powers to control telecommunications and the Internet, argues Dmitri Frolov, of the Federal Security Service's Information Security Center.

Frolov spoke Thursday in the Federation Council, or Russia's upper house of parliament, at a panel discussion devoted to telecommunications and Internet regulations.

The Federal Security Service proposes setting new rules for Internet providers so that it could prevent the spread of extremist ideas, track down illegal online operations, and get access to databases with mobile telephone subscribers' details, such as e-mail addresses, Frolov said. There should be compulsory registration of mobile phone users with Internet connectivity.

The lack of clear-cut regulations on Internet operations may bring some sensitive information or misinformation into the public domain, as well as lead to copyright violations, argued Frolov. He believes that Russia needs enabling legislation to put this sector in order.

The Ministry of Information Technologies and Communications is opposed to the idea of adopting a separate law on Internet operations. Speaking at today's panel discussion in the Federation Council, Deputy Minister Boris Antonyuk said the use of the Internet could be regulated by more general laws already in effect, including those dealing with advertising, the protection of consumer rights, and administrative offenses.

Russian finance minister predicts US$1.5 billion net capital inflow in 2006

Finance Minister Alexei Kudrin predicted Tuesday that capital flight from Russia would plunge by more than US$3 billion (EUR 2.31 billion) this year while 2006 would see US$1.5 billion (EUR 1.16 billion) return from overseas.

Capital flight soared last year as businesses pulled their cash out of the country in the wake of a campaign against jailed oil tycoon Mikhail Khodorkovsky, which saw a key production unit of his Yukos oil empire transferred to the state.

"Capital flight is being reduced fast and this dynamic must be maintained," Kudrin said at a finance ministry meeting, according to the Interfax news agency.

Kudrin said flight would fall from US$7.9 billion (EUR 6.09 billion) to US$4.8 billion (EUR 3.7 billion) this year.

Kudrin called for action "in months if not days" to restore the trust of society and business in authorities - a response to criticism from president Vladimir Putin in his state of the nation address Monday, in which he said that taxmen are terrorizing businesses with unpredictable back tax checks.

In his address, apparently aimed at reassuring businesses and foreign investors, Putin recommended a tax amnesty on repatriating money kept offshore, as well as reducing the statute of limitations on revisiting Russia's questionable privatization deals.

Meanwhile, Kudrin repeated plans to make the ruble fully convertible by 2007, a stated goal of Putin's along with doubling the nation's GDP before 2010.

"At the start of 2007 we will remove all restrictions on the movement of capital and officially our currency will be freely convertible," Interfax quoted Kudrin as saying.

Associated Press

Outlook For Labuan Offshore Banks Will Remain Positive, Says Zeti

KUALA LUMPUR, April 28 (Bernama) -- The outlook for offshore banks operating in Labuan will remain positive this year, in view of the strong performance in 2004, Bank Negara Malaysia Governor Tan Sri Dr Zeti Akhtar Aziz said Thursday.

She said that the banking industry was part of the diverse products and services provided by the Malaysian Labuan Integrated Offshore Financial Centre (IOFC).

"The banking industry operates in a very competitive environment. We see a strong performance in 2004 and we believe that the outlook will continue to remain positive for the industry," she told reporters after releasing the Labuan Offshore Financial Authority (LOFSA) 2004 Annual Report here Thursday.

Dr Zeti, who is LOFSA's chairman, said that the offshore banking industry recorded a significant increase in unaudited pre-tax profit amounting to US$272.9 million (US$1 = RM3.80) in 2004 from US$166.8 million in 2003.

The higher profit was due to lower loan provisioning (specific provision and general provision by 34.3 percent to US$317.4 million in 2004 (2003:US$483.2 million), attributed mainly to high recoveries.

"This was partly the result of better management of loan portfolios, which saw the industry's non-performing loans ratio improving from 6.2 percent in 2003 to 3.9 percent in 2004, she said.

She said that the total number of offshore banks, including investment banks, was 57 compared with 56 in 2003.

The number of offshore investment banks in the IOFC increased to 11 (2003 : nine) with the issuance of two new licences in 2004.

She said that offshore investment banks recorded a significant increase in pre-tax profit from US$1.3 million in 2003 to US$9.5 million in 2004.

Total assets grew from US$66.8 million in 2003, to US$145.0 million in 2004, with the growth attributable to an increase in long-tern investments and loans and advances.

Investments formed a major portion of total assets, amounting to 44.6 percent or US$64.7 million (2003:US$27.7 million) for the investment banks in Malaysian IOFC. Dr Zeti said that the banks are healthy and in sound financial position.

"Therefore they are able to take advantage of the positive economic environment in the region and therefore the outlook remains positive," she added.

Touching on Islamic financial services, she said that total Islamic assets (including those of conventional offshore banks that offer Islamic financial windows) increased by 13.8 percent to US$678.7 million (2003:US$596.2 million).

Total deposits continued to record an upward trend, increasing by 54.4 percent or US$107.2 million to US$304.1 million in 2004.

Total financing facilities outstanding increased from US$338.4 million in 2003 to US$409.4 million in 2004 of which, 71.4 percent was extended to non-residents.

For offshore leasing, Dr Zeti said that 11 new leasing companies were established in Malaysian IOFC with the new lease financing amounting to US$880.3 million, mainly for the leasing of aircraft and oil and gas industry.

This has resulted in the growth of lease financing by 13.8 percent from US$6.3 billion in 2003 to US$7.1 billion in 2004.

She said that leasing facilities based on both conventional and Islamic principles are offered in the IOFC.

-- BERNAMA

Security Concerns Prompt Passport Redesign

By Sara Kehaulani Goo Washington Post Staff Writer

Saturday, April 30, 2005; Page E01

The State Department plans to improve technology that will be embedded in new U.S. passports after tests this month revealed that information in the documents could be vulnerable to identity theft. Frank E. Moss, the State Department's deputy assistant secretary for passport services, said the agency will include new high-tech security features that will minimize the risk of identity theft, even if the change delays plans to start issuing the passports to new applicants later this year.

"We're going to take every step possible to make this passport as secure as we can," Moss said. "I'd rather take more time and do it right than stick to an arbitrary deadline."

The agency's decision was a small victory for civil libertarians and privacy groups who for years had warned the State Department that its plans to embed passports with radio frequency identification (RFID) technology were flawed. Travel groups and European countries including Germany also warned of the technology's security vulnerabilities, and the State Department received more than 2,400 comments from the public -- many of them critical.

Radio-frequency ID devices, known within the tech industry as "contactless smart cards," are used in many employee ID cards and Metro's SmartTrip cards that are passed over an electronic reader for entry to a building or passage through a turnstile. The passport chips will store information about passport holders and will contain digital photographs enhanced with face-recognition technology. The chips are so thin they will not alter the appearance of U.S. passports.

The radio-frequency chips will transmit data from the passport to electronic readers at U.S. airports and border crossings. The problem, some privacy activists say, is that identity thieves could use commercially available handheld readers to surreptitiously intercept the data on passports, identifying Americans overseas and stealing their private information.

Moss said earlier this month that there was only a slim chance that data on passport chips could be read from more than four inches away. Recent tests conducted by the National Institute of Standards and Technology concluded that he was wrong, he said. "We admit the chip, with a more powerful reader, can be read at a distance of 24 inches," Moss said.

The agency now plans to include metal inside U.S. passport jackets that will help shield the chip from being read by anyone except U.S. Customs and Border Protection agents. The data on the chip also will be encrypted, meaning that it must be scanned through a reader at an airport or a border to be read; it cannot simply be waved across an electronic reader. The additional security measures are not expected to result in any additional costs. The new system will be funded by fees paid by passport applicants.

Many critics such as the American Civil Liberties Union would prefer that the government not use RFID technology at all. The State Department said it wants to use it because it will be a standard around the world. Moss said earlier this month that the technology will also help to process visitors more quickly at borders and airports.

But Lee Tien, senior staff attorney at the Electronic Frontier Foundation, a civil libertarian group that focuses on technology issues, questioned that rationale.

"If you have to have the passport physically scanned, then where's all the supposed convenience of being able to read the passport at a distance," he asked. The argument for having the technology "is sort of falling apart," he said.

© Copyright 1996- The Washington Post Company

HP to build EU's biometric ID, terror database

By John Lettice

Published Thursday 28th April 2005 16:26 GMT

A consortium headed by Hewlett-Packard is to develop Europe's 'Big Brother' system for the European Commission. Along with Steria, Mummert in Germany and Primesphere in Luxembourg, HP is to produce a "high-quality technology model" for the second generation of the Schengen Information System (SIS) II and the Visa Information System (VIS) - Europe's Justice and Home Affairs Committee envisages these two systems replacing a border control system (SIS I) with a far more pervasive one of surveillance, controls and information exchange.

Although HP announced the signing of the contract today, the European Commission tells us the deal was actually struck late last year. We've no idea whether the latest version signifies some change in the contract, or merely that HP Belgium communicates with HP global via messages in bottles. Whatever...

HP's announcement doesn't mention Big Brother, but does follow a mention of the Schengen treaty's aim to "allow free movement of persons in Europe" with... "SIS II, will provide information on wanted persons as well as stolen vehicles, ID documents and banknotes through a database accessed by national police authorities of all participating member states. Once it is fully functional in 2007, SIS II will be much more flexible than the current system and will also be able to store photographic images and fingerprints. In addition, the infrastructure of the new system will make it easier to adapt to future EU requirements."

The storage of "images and fingerprints" relates to Justice and Home Affairs' plans for biometric passports, visas and residence permits, and for an EU standard for national ID cards. The EU has gone further than the basic ICAO and US requirement standard for biometric passports by including fingerprints, and also intends all visas to be biometric (which is where VIS comes in). Residence permits are also to be biometric, and with the ID card standard on the horizon, but not yet specified, the pan-European biometric ID system is taking shape.

Add in various other bits of data sharing (vehicle databases, no-travel lists and a "restricted access terrorist database") and access (various European and national police and security services), and you've got SIS II, which HP is designing so it can grow in accordance with Justice and Home Affairs imaginative "future EU requirements."

HP tells us the system will be fully functional in 2007, and reveals that the servers it will be supplying are the singularly inappropriately-named (they're going to the European Commission, for god's sake...) Integrity Superdome. Not an expression that springs automatically to mind at the mention of Brussels, surely... R

Related links: HP announcement http://www.hp.com/hpinfo/newsroom/press/2005/050428a.html Statewatch explains SIS II http://www.statewatch.org/news/2002/apr/01sis.htm Statewatch on biometrics and EU here and here Security and interop issues cause EU biometric passport delays http://www.theregister.co.uk/2005/04/01/eu_bio_passport_delay/ Finger, faceprints get green light for Europe's ID standard http://www.theregister.co.uk/2003/10/03/finger_faceprints_get_green_light/

© Copyright 2005 The Register

Fake passports not Australian

AN investigation into claims some of the Bali Nine used false passports to enter Indonesia has found none of the alleged fake passports were issued by Australia.

Foreign Minister Alexander Downer said the nine Australians accused of trying to smuggle more than 8kg of heroin from Bali all held only one real Australian passport.

Indonesian police claim at least three of the nine had multiple passports, some of them bearing different names and dates of birth.

Mr Downer said the only way that was possible was if they had passports from another country or had tricked Indonesian authorities with fake passports.

"There is no case where any of these people have in their possession two Australian passports that have been issued by the department," he told ABC's Lateline program.

"What I am sure of is that these people do not have more than one passport in whatever name it might be that has been issued by the Department of Foreign Affairs and Trade, either in Australia or overseas."

"Perhaps they have passports of another country, in other names, I don't know whether they do or they don't, or they have fake passports but not real passports, that somehow have deceived the Indonesian authorities."

Mr Downer said Indonesia had failed to provide Australia with any evidence to back up its claim of fraudulent passports and said Australia was seeking that information.

AAP

Copyright 2005 Nationwide News

Offshore bank offers cellphone verification

Second password authenticates user By PAUL LIMA

Thursday, April 28, 2005 Updated at 8:49 AM EST

>From Thursday's Globe and Mail

Customers of New Zealand's ASB Bank Ltd. have to have cellphones in hand before transferring large sums of money over the Internet from their accounts. ASB was one of the first to use two-factor authentication through cellphones to help keep thieves out of on-line bank accounts, a security precaution that's now attracting the attention of businesses of all types and sizes, thanks to the popularity of mobile phones and personal digital assistants with wireless Internet access.

Two-factor authentication requires two items -- a swipe card and a password, for instance -- to access a secure facility such as a website or intranet, but most computers and handhelds don't have a card reader. Instead, ASB customers enter their on-line banking user name and password as usual, but then automatically receive a text message or e-mail on their mobile phone containing a second one-time password (their cellphone information is kept on file for this purpose). The second password or "mobile token" must be used within three minutes to access the bank's website.

Most on-line fraud occurs when a thief steals a password by shoulder surfing -- literally looking over someone's shoulder -- or goes "phishing" by sending e-mails with bogus Web links that entice recipients to voluntarily surrender passwords to what they believe are legitimate secure websites but are really fakes. Proponents of two-factor authentication say it can thwart both types of thieves, reducing on-line fraud and identity theft, and creating greater confidence in e-commerce, electronic government and health initiatives, and mobile network access (a big worry for information technology departments as more workers access networks remotely).

Two-factor authentication is expected to become commonplace as banks, credit card companies, e-businesses, government agencies and other security- and privacy-conscious enterprises come under increasing pressure to combat on-line fraud and identity theft, said Stu Vaeth, chief security officer with Diversinet Corp., a Toronto-based mobile device security provider. A number of issues are fuelling the adoption of stronger security measures, he says, including a "dramatic" increase in electronic fraud, the spread of spyware that can track an Internet user's keystrokes, and new privacy legislation that puts the onus on companies to protect the privacy of customers.

Research firm International Data Corp. estimates the identity and access management market will grow to more than $3.5-billion (U.S.) by 2009 from $2.21-billion in 2003, driven by systems that require two or more factors to confirm a user's identity. The mobile password service used by ASB, called Netcode, was developed by RSA Security Inc. of Bedford, Mass. The two-factor security system is meant to ensure fraudsters cannot raid bank accounts by pilfering a login name and password. It increases security, but it's also a source of business -- ASB customers pay 25 cents for each code and can only use it for the duration of their Internet session.

Diversinet has a package similar to RSI's that goes a step further. A program installed on the phone e-mails an encrypted password to the security system of a company that wants to verify the identity of a user. The security system replies with a mobile token the customer can use once to access a website or other on-line resource.

"The system can also provide integrated solutions for mobile data access to corporate networks and for mobile payment," Mr. Vaeth said.

New security measures, such as mobile two-factor authentication, will become the norm for businesses and institutions of all sizes sooner rather than later, said Michelle Warren, a Toronto-based IT analyst with Evans Research. "Strong security is all about avoiding litigation, bad PR [publicity] and fines for non-compliance. It all goes to costs."

Still, it's a juggling act. While authentication using multiple factors is crucial to trust, companies don't want to force users and customers to jump though complex hoops -- especially when accessing things like e-commerce sites.

"If it gets too complicated, consumers will back off," Ms. Warren said.

Two-factor security using cellphones is attracting interest because it's affordable and easy to use. A company of any size and in any industry can use a mobile token system, according to Mr. Vaeth. For example, Diversinet says it is establishing pilot programs for consumer-oriented mobile token systems with three unnamed Canadian companies -- a financial institution, an Internet service provider and an e-commerce company -- and is in talks with several other North American financial institutions. It is also working with international mobile network operators on corporate pilot systems.

The projects use Diversinet's MobiSecure tokens and MobiSecure authentication service centre to enable two-factor authenticated on-line access. For Diversinet's two-factor authentication for the mass-market, there is a one-time fee of up to $20 to activate the mobile token on a device, and then a small monthly or annual fee for the service.

"With Diversinet MobiSecure, it is as easy as activating an on-line subscription to download a ring tone to your mobile phone," Mr. Vaeth said. "Once registered to the sponsoring company with your identity confirmed, you are ready to use the mobile token right away. Whether it be for one transaction a day or thousands a month, costs will remain the same per user."

Companies are taking these extreme steps because no less than the future of e-business is at stake, Ms. Warren said. "I may trust you, but if I don't trust your technology, I won't use it," she said.

"Then what?"

Two-factor authentication

Most PCs and PDAs don't have a card reader, so some new authentication systems use a cellphone to boost security.

1-Users enter their login and password for a website or network. The system then sends a temporary second password by text message or e-mail to their cellphone, using contact information it has on file.

2-Users have a few minutes to read and use the temporary password before it expires. People are given access once their login, main password and the temporary password have all been entered and verified.

© Copyright 2005 Bell Globemedia Publishing Inc. All Rights Reserved.

Scam offers money laundering option

Con artists are getting more and more blatant with their sales pitch.

The latest e-mail scam making the rounds bluntly asks people if they are interested in laundering money.

The offer reads: "Screw the cops. Let's make some money."

Then it offers work as a money launderer.

The writer says he will transfer thousands of dollars into your account at a major Canadian bank.

The victim is told they get to keep 40 per cent and the rest should be sent out as a money transfer.

Police this is not the organized crime sales pitch it seems to be.

They say criminals will deposit a fraudulent cheque into the victim's account, making it seem like the money is there.

But long after the other 60 per cent of the supposedly laundered money is wired back to the scam artist, the victim finds the money wasn't legit to begin with.

Another false e-mail making the rounds asks you to click on a link from the eBay security team.

It is a hoax designed to steal your personal information.

Copyright © Bell Globemedia Inc. All Rights Reserved.

Bid to stamp out money laundering

Bill makes banks give up client data

Kathimerini Greece ATHENS

A draft law targeting money laundering and the funding of terrorist organizations was unveiled by the government yesterday, proposing that authorities be given unprecedented powers to investigate private financial data and impose up to 10-year jail sentences.

The legislation was presented by Justice Minister Anastassis Papaligouras and Economy and Finance Minister Giorgos Alogoskoufis. If passed, the bill would place Greece in line with a 2001 European Union directive on prevention of the use of the financial system for money laundering.

Greece was one of six EU members that was accused of dragging its feet over adopting the directive by the European Commission last year. The EU's executive body threatened to take the six states, including France and Italy, to the European Court of Justice. The directive was supposed to be integrated into national legislation by June 2003.

It builds on a previous EU law and requires strict client identification, record keeping and reporting of suspicious transactions in a wider range of fields such as for real estate agents and lawyers.

A key element of the draft law is that it will give an expert panel the right to look into state and private data. The panel will have the authority to steamroll over any privacy rights - provided there is a suspicion that someone may be laundering money or be involved in the financing of terrorist activities. The panel will also have the power to seize assets in such cases.

One of the bill's articles sets out three broad types of offenses, which can carry between three months and 10 years in jail. Crimes within the first of these categories include any "dirty money" used for or gained from human trafficking, electronic fraud, terrorist activities and bribing of state and EU officials as well as accepting bribes. The other two categories involve acts that result in the gain of more than 4,000 euros, divided according to whether they are criminal acts or misdemeanors, which carry a three-month jail sentence.

Significantly, the bill also forces lawyers to break their client-attorney privilege and divulge information about suspicious transactions. Banks, financial institutions, accountants, tax inspectors and both Internet-based and actual casinos will be required to pass on details about suspicious customers.

http://info.ekathimerini.com/4dcgi/news/content.asp?aid=932835 © 2005 Kathimerini

Rare Coins for Privacy and Profit

By Peter Macfarlane.

“There is one standard against which (the current) debasement of currencies can be measured and one asset which investors can own to protect themselves: That standard and that asset is gold.”

Ian Lamont, writing in The Scotsman, Edinburgh

In my regular column for the Q this month, I would like to make a little diversion from my normal theme of banking and brokerage accounts. Why? Although bank accounts and stock market investments are an essential part of a balanced portfolio, there is another element that I believe is equally important: precious metals.

In 2002 I wrote here in the Q about the privacy advantages of Digital Currencies. Besides being a very good way of transferring money below Big Brother’s radar screens, systems like e-gold, 1mdc and GoldMoney (add .com to any of those names to visit their websites) are also a very convenient way to hold gold as an investment.

Anyone who, around that time, put a portion of their wealth into what is widely considered to be the only real money has done very well. On the first of January, 2002, gold was at USD 278.80 per ounce. By the first of January 2005, it had risen to USD 438.80 per ounce. According to my calculator, that’s an increase of 57%. Of course the price varies (sometimes quite substantially) on a daily basis – but you get the general idea.

Where is gold going next? A senior gold analyst for Merrill Lynch recently gave his opinion on CNBC: “I wouldn't be surprised to see gold break $500 an ounce in the next few years, or to even test its highs.” Gold’s high, by the way, was $850 or more – so there is plenty of room to move up from current levels. Gold is still less than half its former high, while the International Monetary Fund recently warned that, “dollar depreciation will continue (on average) due to large deficits.”

I agree. Gold has always been a safe haven during difficult times. And I don’t see the world becoming more stable any time soon.

But this article is not about investing in gold. It is about a less known field of investment but one which is very interesting for Q readers – rare coins. It is an investment which is certainly influenced by the price of gold, but which also acts on other factors.

What are Collector Coins?

Don’t confuse collector coins with bullion material such as Krugerrands or Maple Leafs. Collector coins are rare specimens that are usually (but not always) made of precious metals. They belong in your personal portfolio or collection. If you buy smart, they always have a liquid value – and can be easily disposed of at the world market price if you want to cash out. Like any other investment, this market price can go up and down.

So, why would you invest in rare coins as opposed to bullion? Basically because collectibles are not on Big Brother’s radar screen... and this is very, very good for you as a privacy seeker. Read on.

You might have heard of the Golden Rule: “he who has the gold, makes the rules.” Gold bullion translates into power. It is highly politically sensitive. The price of gold has a profound influence on the value of national currencies. That’s why the US government has so much of it, and why they stopped selling it in 1975. This calls to mind the old adage: “Do as I say, not as I do.”

Big business also sees gold as something that must be kept under control. In just one trading day, billions of dollars in gold, gold shares and contracts can change hands. That amount of money is hard to ignore.

So big government and big business do not want the price of gold to soar, and are trying hard to restrain it. In other words, gold is not an entirely free market.

And when it comes to buying, selling and holding gold, all kinds of complications can arise. Businesses dealing in bullion in the traditional financial centres such as the USA, UK and Switzerland are being watched like hawks. They are required to hold licences which are difficult to obtain. They are frequently accused of money laundering and have, in fact, been drafted as spies by Big Brother. They are required to make regular reports to government on virtually all transactions.

Anonymous bullion transactions are next to impossible. The days when you could just walk into a bank and buy bullion, no questions asked, are long gone. And if you cross an international border carrying gold bullion, expect to be asked a lot of intrusive questions by customs officers.

Privacy Advantages of Collector Coins

In contrast, the amount of money invested in collectibles each year is no threat to anybody.

This means you are still relatively free to buy and sell collectible coins without questions. You can buy and sell in cash, or make flexible arrangements with dealers. How many investments these days can you cash out anonymously anywhere in the world?

One of the most interesting ‘privacy features’ of collector’s coins is that many are legal tender in their respective countries. That means you can legally carry them across borders without having to declare them. For example when entering or exiting the USA you are required to declare cash above $10,000.

If you carry five hundred St Gaudens $20 gold coins, the face value appears to be $10,000. Yet the ‘real’ value of these coins is in the $600 - $1300 range – per piece! Grabbing the calculator again, in this example you could perfectly legally walk out of the USA with $650,000 without having to declare it. In fact, with collectible coins it is quite possible to carry millions of dollars in your pocket. The customs officer (even if he knows anything about the value of rare coins, which is very unlikely) is obliged to count legal tender at face value. This is a loophole which few people have exploited, and therefore remains open.

Investing in Silver Coins

What about silver? Gold attracts such attention that silver often gets forgotten. But silver coins are of great interest as investments, too. In fact, coin experts are currently recommending silver coins as a better (albeit less liquid) long term investment holding opportunity.

Talking of unusual loopholes, here is a titbit of historic interest. To this day, most people think that the American Morgan and Peace silver dollars contain an ounce of silver. For decades, in the last half of the 1800s, the US government maintained an official price for gold of about $18.67 an ounce. However, $20 silver dollars only contained about $15-$16 worth of silver at $1.00 an ounce. (Yes, the government made a profit on these coins just as they do today on their eagle bullion coins.) This meant that smart Europeans could exchange $20 silver dollars for a $20 gold piece and make a profit by melting them in Europe. Actually this accounts for the rarity of many American $5 gold pieces of the 1820s and 1830s. Visiting Europeans loaded up on our world-class gold pieces and melted them upon returning home. Perhaps this paid for their passage on the ships of the era?

Don’t know where to get started?

If this opportunity tickles you, and you would like to find out more about investing in rare coins, I would be pleased to make referrals to a relevant expert. I have referred a number of clients to him in past years and all have been most satisfied. In fact, he is one of the most respected names in rare coins and precious metals. He has been in the business since 1958, is there for the long term, and deals in coins ranging in price from under $100 to more than $1 million.

This chap is a professional, who respects the privacy of his clients. Since he operates discreetly, he has also asked that we do not name him here in print. However, once you are in touch with him you are welcome to check out his credentials publicly, or even to meet with him in person, before sending him any money.

Once you are in contact with him, he will be able to make specific, honest and up-to-date buy recommendations, as well as arranging delivery or safe custody.

If you would like a referral to our “Coyne Chap” please contact Richard in the Quester offices in the first instance. Please specify the approximate sum you are looking to invest (as a rough guide, it’s generally not worth the hassle of privacy-friendly investments of less than $15,000 unless you are intending to transfer a regular monthly sum).

We look forward to hearing from you.

--------------------------------------------------

This article is from the March/April Issue of our world-renowned newsletter, The Q.

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US Passport requirements will affect Caribbean tourism

Rickey Singh

Tuesday, April 26, 2005

BRIDGETOWN, Barbados - A former Caribbean diplomat is urging the region's governments and tourism organisations to mount an aggressive marketing campaign to cushion the negative impact expected to result from United States citizens having to be holders of passport for overseas travel, starting next year.

Sir Ronald Sanders, a former diplomat under the previous Antigua and Barbuda Government, said that with just eight months to go before the US requirement takes effect, the Caribbean - a major tourism destination for US visitors - should launch a concerted campaign to overcome the challenge that would be posed to their economies.

Sanders, now a corporate executive who regularly writes on challenges to small states in the global economy, said on the weekend that currently only 15 per cent of Americans who visit the region are passport holders.

In accordance with a new United States law, from January 1, 2006, all American citizens re-entering their homeland from this and other regions must be in possession of a valid US passport.

While the passport requirement for US citizen is related to America's new focus on national security, an expected serious reduction in the normal level of American tourists could seriously aggravate the social and economic problems of Caribbean nations.

"The consequences," said Sanders, "include higher unemployment, more crime, more vulnerability to drug-trafficking and higher immigration to the USA".

Sanders said that since it must not be assumed that the information for US citizens to be armed with passports for overseas travel is already widely known, it was the responsibility of regional organisations involved in the tourism sector to go on an educational marketing blitz.

He said that the Caribbean Tourism Organisation and the Caribbean Hotels Association, as well as individual tourist offices of the region operating in the USA, "should embark upon an immediate campaign to provide educational materials for US travel agents, tour operators on the need for US citizens to have passports..."

Copyright© 2000-2001 Jamaica Observer. All Rights Reserved http://www.jamaicaobserver.com/news/html/20050425t220000-0500_79406_ obs_us_new_passport_law_danger_for_regional_tourism__says_sir_ronald.asp

Tuesday, April 19, 2005

US Passport requirements will affect Caribbean tourism by Sir Ronald Sanders, a former Caribbean diplomat, now corporate executive, who publishes widely on small states in the global community

For years United States citizens have travelled into and out of the Caribbean with no more identification documents than a driver's license. This will change between now and January 1st 2008, and will have an adverse impact on the regional tourism industry.

It is the US government that is making the change, requiring all US citizens to have valid passports to enter the US. Consequently, they must have passports to travel out of the US.

On April 6th, the US Departments of Homeland Security and State announced "The Western Hemisphere Travel Initiative to secure and expedite travel". Under the initiative all U.S. citizens, will be required to have a passport or "other accepted secure document" to enter or re-enter United States by January 1, 2008.

In the past, Caribbean nationals have been irritated by the US requirement that they must have passports and visas to enter the US, while US nationals enter Caribbean countries on driver's licenses.

After 9/11, Caribbean and other non-US travellers became even more irritated with travel into the US when the US Department of Homeland Security required visitors to be fingerprinted and photographs taken of their eyeballs at US ports of entry. Many people saw this both as an intrusion on their privacy and as a humiliation.

This feeling was exacerbated by the fact that US citizens were whisked though immigration lines while visitors endured lengthy periods waiting in line to be interviewed by immigration officers.

Caribbean nationals have regarded the different treatment accorded to them and to US nationals as a double standard. They have recognized the right of the US and any other country to apply its own immigration procedures, but they have argued that these procedures should be reciprocal.

In other words, if the US required Caribbean nationals to be in possession of passports and visas to enter the US, Caribbean countries should equally require US nationals to have passports and visas to enter Caribbean countries.

But economic necessity won the day over the personal affront felt by Caribbean nationals.

Caribbean tourism relies a great deal on US tourists, and since the vast majority of Americans do not have a passport and can not be bothered to get one, Caribbean governments were content to allow them to enter their countries on driver's licenses.

Now, all of this has begun to change.

Anyone travelling into the US recently would have noticed that US citizens are no longer being whisked through immigration control at US ports of entry. Now, US citizens and residents are being questioned as closely as foreigners although their finger prints are not yet being taken nor are their eyeballs being photographed.

The lines for US citizens and residents at US immigration control are now as long as those for foreigners.

All of this flows from the extensive efforts by various departments of the US government to strengthen homeland security following the terrorist atrocities of 9/11.

The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA, also known as the 9/11 Intelligence Bill), signed into law on December 17, 2004, mandated that the Secretary of Homeland Security, in consultation with the Secretary of State, develop and implement a plan to require U.S. citizens and foreign nationals to present a passport, or other secure document when entering the United States.

An official release from the US Department for Homeland Security quotes Acting Under Secretary for Border and Transportation Security, Randy Beardsworth, as saying: "Our goal is to strengthen border security and expedite entry into the United States for U.S. citizens and legitimate foreign visitors. By ensuring that travellers possess secure documents, such as the passport, Homeland Security will be able to conduct more effective and efficient interviews at our borders."

The Department did say that "additional documents are also being examined to determine their acceptability for travel". However, such documents would have to "establish the citizenship and identity of the bearer, enable electronic data verification and checking, and include significant security features".

The point is that US citizens and residents travelling on documents such as drivers' licenses is now fast becoming a thing of the past, and Caribbean tourism industry will be affected by it.

In part, this is because the vast majority of Americans do not have passports, and they have not needed one to travel to the Caribbean. They have simply hopped on planes knowing that their drivers' licence or social security cards are enough.

There should not be an assumption that US Citizens will now automatically apply for passports.

The reality is that only a comparative small number of US citizens have passports, and these are business people or those with higher incomes who travel on vacation to Europe, Asia or countries outside of the Western Hemisphere.

Under the new rules, a Caribbean vacation can not be spontaneous. It will entail Americans being in possession of passports or similar documents.

This is a reality that the tourism industry in the Caribbean has to take account of now.

The industry should not expect the US public to know about the requirement that they have passports by January 1st, 2008 even though this is a stipulation of their own US Department of Homeland Security. It is surprising how little public attention has been given to this development by mainstream media in the US.

A programme of education should be launched in the US with travel agents and tour operators. And, national and regional tourist offices based in the US should each start initiatives of their own to educate the US public about the requirement for passports and how to get them.

Undoubtedly, organisations such as the Caribbean Hotels Association (CHA) and the Caribbean Tourism Organisation (CTO) are alert to the necessity to launch such an education initiative in the US. But, money will have to be invested in the initiative from both the national and regional levels, and allocations should be made for such monies now for the years 2006 and 2007.

Failure to do so will see January 1st, 2008 arrive with a significant reduction in the number of US tourists visiting the Caribbean.

The educational task will be difficult, but it is not impossible, particularly if it is presented as exactly what it is: a US government requirement of its own citizens to strengthen the security arrangements of their own country.

The problem is overcoming a lifelong US habit of not needing a passport to travel to the Caribbean.

It may be argued that the US government will educate its citizens about the passport requirements and there is no need for the Caribbean to do so. But, accepting this argument would be dangerously short sighted.

The financial implications for the Caribbean tourism industry of spontaneous vacations not occurring, or holidays being cancelled for lack of a passport, are quite significant.

There will be a reduction in the numbers who visit the region in the immediate period after the new passport requirements are introduced on January 1st 2008; it will be worse if the Caribbean does not launch an educational programme of its own in the US.

(responses to: ronaldsanders29@hotmail.com)

Copyright © 2003-2005 Caribbean Net News All Rights Reserved http://www.caribbeannetnews.com/2005/04/19/sanders.shtml

Tuesday, April 26, 2005

Dealing with impact of US passports urgent by Sir Ronald Sanders, a former Caribbean diplomat, now corporate executive, who publishes widely on small states in the global community

I am revisiting the impact on Caribbean tourism of the US government requirement that Americans have passports to re-enter the US because the matter is urgent.

In just eight months time, on January 1st 2006, US Citizens re-entering the US from the Caribbean must be in possession of a valid US passport.

This is an extremely short period in which to prepare. .

In a nutshell the problem is a significantly reduced number of US visitors to the region, a significantly reduced number of airlines and cruise ships coming to the Caribbean, and a significant reduction in jobs and the amount of money earned from tourism by the region. In other words, it can be catastrophic.

Here are the facts of the matter.

Only 15% of Americans have passports. This means that most US tourists to the Caribbean have been in the habit of travelling to the region mostly on drivers' licences.

The Director of Tourism of Jamaica, Paul Pennicook, confirmed that more than 50% of US visitors to Jamaica in 2004 travelled without a passport. The Tourism authorities in the Bahamas are also aware that US Citizens travel with birth certificates and a government-issued photo identification.

Given these realities, it is evident that the requirement for a passport will greatly reduce the number of cruise ship passengers and passengers on airlines who visit the region. Spontaneous travel will be particularly affected.

As the number of people who can travel declines, so too will the number of flights and cruise ships into the region. Neither planes nor cruise ships will fly or sail without an optimum number of passengers, so that even where US persons have passports, their opportunities for travel to the region will be decreased.

Already, many Eastern Caribbean governments are subsidising the flights of some US carriers into their countries. These governments can hardly afford to subsidise even more flights, particularly if the number of passengers is greatly reduced. Yet the US airlines themselves say "every single flight on average must be at east 80% full of paying passengers to avoid losing money".

The US airlines are in deep financial trouble that is worsening with higher fuel prices. Just recently, John Heimlich, Vice President and Chief Economist of Air Transport Association of America said, "Over the last four years, the industry - in total - has recorded over $32 billion in losses... We are projecting additional losses of at least $5 billion in 2005".

His also says that he "expects some airlines to go out of business - it's all a question of how quickly".

It requires no great genius to see that if the number of passengers on planes into the Caribbean is reduced by the US government requirement that such passengers should have passports, airlines that are already in financial trouble will reduce flights in to the region.

The Caribbean-owned airline industry - BWIA and Air Jamaica in particular - will also face serious difficulties. They too are mired in financial problems, and since the major portion of their operations are to the US and roughly half their traffic are US tourists, they will be even worse off.

Authorities in the Bahamas and Jamaica have been particularly vocal in complaining that the new requirement isn't fair because Canada and Mexico have an extra year to prepare for the measure.

But, it has to be recalled that Mexico and Canada would have been given a longer period because of US membership with them in the North American Free Trade Association (NAFTA).

Obviously, Americans are doing more business in Mexico and Canada because of NAFTA. In this particular circumstance, the US would not want to hinder the free trade objectives of NAFTA if they recognise that many Americans have been visiting these two countries for business without passports.

Nonetheless, acknowledging the NAFTA relationship should not stop Caribbean government and tourism officials from lobbying the US for an extension of the January 1st 2006 deadline. Every effort should be made to impress on the US authorities the importance not only to the Caribbean, but to the US itself, of extending the time.

While it is understood that it is US concern about its security that is pushing the need for better identification of persons entering the US as US citizens, the US also needs to take account of the high reliance of many Caribbean countries on tourism, and the consequences that a decline would have on their economies and on the US itself.

These consequences include higher unemployment, more crime including a vulnerability to aiding drug trafficking to the United States, and higher immigration into the US.

The US should be encouraged to see that an extension of time to allow the region's tourism to prepare better for the new passport measures would help the Caribbean to maintain employment, fight drug trafficking and stem immigration.

Beyond lobbying with the US, Caribbean authorities have to recognise two things.

First, there will be no rush by Americans to get passports. Americans travel mostly within the US for which they do not require passports. US persons will get passports only when they believe they need them.

Second because the Caribbean is aware that US citizens now need passports, it should not be assumed that this information is widely known in the US. Most Americans get their information from Television, and even then only in a limited way. Unless, the local and national television stations headline this story, it will not be widely known.

In any event, even if the information is widely known, no one will do anything about getting a passport unless they are actually planning to travel. Then they will need information on how to get a passport.

These two things suggest that Caribbean countries that rely on US tourism cannot depend on the information being disseminated by the US authorities; they have to take the initiative themselves.

It calls for a close working relationship with the US airlines, US cruise ships, US tour operators and US travel agents that serve the Caribbean. They have a vested interest in addressing the problem since they too stand to loose money.

The regional tourism organisations such as the Caribbean Hotels Association (CHA) and the Caribbean Tourism Organisation (CTO) as well as the individual Caribbean Tourist offices in the US should embark upon an immediate campaign to provide educational material for US travel agents, tour operators on the need for US Citizens to have passports and where and how to get them.

Importantly, the material has to explain that it is the US government that has made this requirement in the interest of US homeland security. Americans have to see it as their patriotic duty and in their own interests to get passports.

The US government itself will take some time to issue passports. The lag time for issuing passports is 6 to 8 weeks. If the number of applications increases, this lag time might also increase.

In this connection, Caribbean governments and tourism officials should also work closely with the US government to ensure that resources are placed behind the process for issuing passports, including ensuring that there is an adequate number in stock.

The introduction by the US of the requirement that their citizens have passports to re-enter the US comes at a time when Caribbean tourism and the Caribbean aviation industry can least afford it. The impact on Caribbean economies, more reliant on ever on tourism, could be very severe.

Dealing with the problem is urgent and the support of all groups within society should be garnered to help deal with it. But the focus must be in the US itself, and this work should start immediately.

(responses to: ronaldsanders29@hotmail.com)

Copyright © 2003-2005 Caribbean Net News All Rights Reserved

Tax specialists target owners of super-yachts

By Julien Morel

THE world's super-wealthy are using a Jersey company to help them buy, manage and sell their super-yachts.

Although owning a 100-metre yacht complete with helipads, diamond-encrusted staircases and 50-seat cinema is beyond the wildest dreams of most of us, that does not stop the Island playing a key role in the global super-yacht business.

Tax specialists Chiltern runs a marine division from its Jersey office on the Esplanade. Although many would regard buying a 30-metre Sunseeker as a quintessential trapping of success, Chiltern plays in an even higher league.

The company caters for the Abramoviches and Gettys of this world, whose opulent boats are more like cruise ships than private yachts and usually heave into view wherever there's a key high-society event, such as the Monaco Grand Prix.

Matthew Ruane is head of the marine division.

'Buying a super-yacht is not just about signing a cheque and jumping on board and the process is in fact quite complicated, especially if you intend to charter the boat out,' he said.

'Do you want the boat in your own name or a corporate ownership structure? What insurance do you need? How will you pay your crew? Where will you register the boat? Is VAT payable? How will you handle your expenses?

'These are the sort of questions that Chiltern can help answer and we can not only help someone get up and running but also manage the yacht on an ongoing basis. This is important because the fiscal and regulatory requirements are ever changing and often need detailed consideration and planning.

'So we aim to take the pressure off the owner who, after all, has probably bought the boat to use in his or her leisure time.

When dealing with the world's super-rich, Mr Ruane and his team know that their service has to be super-efficient.

'Our approach is not to try to fit our clients into an off-the-shelf product but to build a suitable structure based on their individual needs. We don't seek loopholes in the law but try to find the most tax-efficient solution for our clients and Chiltern prides itself on having one of the strongest VAT teams in the country.

'The marine division also fits closely into Chiltern's overall structure - clients are referred to us by other parts of the business and we also make use of the company's wider resources, for instance, to set up a trust, LLP or company.'

But serving the super-yacht owner demands even more than just bespoke financial arrangements. Mr Ruane has had to deliver champagne, drive limousines, organise firework displays and procure Cuban cigars for clients, often at a moment's notice.

And he is confident that Chiltern's tailored service will secure it a greater proportion of an ever-growing market.

'Although you might think the world's super-yachts are owned by an elite handful, there are currently 200 yachts over 35 metres being built,' he said. 'There are more wealthy people in this world than ever before and Chiltern intends to play a full part in the growing super-yacht market.'

Published 25/04/05 article © Jersey Evening Post website © 2003 Guiton Group

All rights reserved © 2000-2004

International Cell Phones

The good, The Bad and The Cheap

If you, like many, find freedom from phones to be one of the great rewards of traveling, you can stop reading right here. But whether it's a sick relative, a nervous client or simply to check in with mom and dad, sometimes being out of touch is simply not an option.

International cellular phones can free you from the inconvenience of being chained to a hotel or pay phone while providing reliable and yes, even an economical way of calling back home while overseas though be prepared to either purchase or rent a second phone because standard domestic models don't work overseas and here's why:

Some countries drive on the other side of the road. Some countries use different TV systems (remember this when buying videos and DVDs internationally). And, unfortunately, most countries use a different type of cell phone service, too.

Europe and much of the world adopted a common cell phone standard called Global Service for Mobile (GSM). Equally important, Europe, Africa and Asia not only had the foresight to adopt the same cell phone standard, but they also decided that their cell phone networks would operate on the same frequencies (the 900mhz, initially and later the 1800mhz band). This explains why the same cell phone that works in London will work equally well in Johannesburg, Beijing and Sydney. The bottom line: Most countries around the globe - more than 205 at last count - have adopted the GSM wireless technology and if you want to go travel and want the convenience of carrying a cellular phone, then you're going to need a GSM cell phone service.

The United States and much of the Americas did not standardize and consequently competing wireless standards emerged from the various wireless carriers. Just so you know the names, there is most likely to be CDMA type service or perhaps TDMA or even iDEN or AMPS (you don't want to know what these acronyms stand for and fortunately you don't need to know).

There are some American GSM cellular providers however they typically operate on a different (1900mhz) frequency then is used in Europe Asia and Africa consequently you will need this frequency on your phone if you plan on traveling to North and much of South America.

A GSM tri-band cell phone can be rented for typically US$29-$59/week with per minute charges ranging from $1.50-$5/minute, for your incoming and outgoing calls. If you travel infrequently (less then once/ year) and your stay is less then a week then this may be the best option even with the outrageous per minute costs.

If you already have local GSM service then you can probably use the international roaming feature of your domestic provider but that can get expensive fast. Typical roaming rates, depending on your ultimate destination can cost between $1-$7/minute.

To really take advantage of a cell phone overseas and not need a second mortgage on your house, you will want to purchase your own GSM cell phone and a local prepaid SIM card for your next international destination.

GSM world cell phones do not come with phone numbers programmed into them and the actual service is not even tied to the phone itself. Instead customers activate their mobile phones by popping in so-called SIM cards, little thumbnail sized devices that determine your cell phone number and any additional services like voicemail.

A pre-paid SIM card for each country you visit, gives you a local phone number and local calling rates are usually a low 25 cents/minute. It is easy, convenient, and relatively inexpensive for you to call other people in the country you're visiting, and easy and normal for them to call to you on your local number, too. Best of all, Incoming calls are FREE regardless of where they originate.

You can replenish your airtime on the SIM card by purchasing an airtime voucher in one of the local currency denominations. They are available at most newsstands, kiosks and convenience stores. The airtime vouchers are scratch cards that have a pin code which you simply key into your phone for immediate credit.

In summary, with a prepaid cell phone you have a cost effective way of staying in touch with no bills, no roaming charges and no hassles.

For additional information on international cell phone service please visit www.telestial.com or call +1 (858) 274 2686

© Copyright 1996-2005 EscapeArtist Inc. All Rights Reserved

Privacy groups slam US passport technology

By Robert Lemos, SecurityFocus

Published Wednesday 20th April 2005 07:29 GMT

SEATTLE - Privacy advocates took the US government to task last week for the government's plans to add a wireless chips to next-generation passports.

The concerns focus on the US government's initiative to create machine-readable passports that will be rolled out to the diplomatic corps this year and to the general public starting in 2006. Privacy and security experts criticized the move as ill-considered, saying that the technology would leak data to those with specialized equipment, allowing Americans to be automatically identified by the passports they are carrying.

"You have to worry about identity theft, you have to worry about cloning without the victims knowledge, you have to worry about tracking and surveillance - all the things that go with people carrying a beacon that broadcasts their identity," Bruce Schneier, chief technology officer for Counterpane Internet Security, said on a panel discussion at the Computer, Freedom and Privacy Conference in Seattle. The concerns revolve around the decision to make passports machine readable by embedding a wireless chip in the documents. The chip, a 64 kilobit contactless device similar to those found in many employee identification cards, would allow data to be read from a passport just by holding the document within 10 centimeters of a reader, said Frank Moss, Deputy Assistant Secretary for the U.S. Department of State's Passport Services group and the only government official on the panel.

Moss called critics' arguments - warning that terrorists would gain the ability to remotely identify Americans using the chipped passports - absurd.

"We would not use our own people as test populations if we thought there was any risk associated with this passport," he said. "The idea that you can walk down a hotel hallway and identify the Americans is, quite frankly, poppycock."

Moss added that to reduce the possiblity of any such scenario, the U.S. planned to put a nonmetallic material in the cover of passports that would block wireless signals.

However, privacy and security experts maintain that, much like other wireless technologies, the specified distance at which devices can communicate with the chip could be greatly increased by specialized antennas using more power. In a demonstration using a chip similar to the one specified by current documents, Barry Steinhardt, director of the technology and liberty program at the American Civil Liberties Union, showed that the passport could be read at a distance of a couple feet. He maintained that readers that could grab the information at greater distances, such as 30 feet, would be possible.

"Whether or not the Department of Homeland Security buys a reader that can read a passport at 10 centimeters or, like mine, at three or four feet, much more powerful antennas and much more powerful equipment are out there," he said.

The concerns come as the United States is leading the charge to move to machine-readable passports, requiring the nearly 30 countries with which the United States maintains a visa waiver agreement to also adopt similar technologies. Privacy experts worry that the move to a radio-frequency identification (RFID) chip will erode civil liberties.

Moss maintained that the specification was not created by the United States, but as part of a multi-nation process at the International Civil Aviation Organization (ICAO).

"This is not just the United State's initiative," he said. "This technology is viewed widely to be taking passports to a new generation of security in terms of verifying that the person carrying the passport is the person to whom the passport was issued."

The process to create a standard for the design of a passport with a chip requiring electrical and physical contact would have been onerous, Moss maintained.

A representative of the chip-card industry said that bandwidth considerations also drove the decision to favor a contactless memory chip. The current crop of contactless chips have a read rate eight times higher than contact chips, Chuck Baggeroer, director of government marketing for Datacard Group.

"Contactless chips have considerable higher bandwidth," he said. "You would think that contact chips would have faster data rates - that is not so."

Yet, the ACLU's Steinhardt argued that the initiative is the latest example of US "policy laundering," where the administration uses an international agency to create a standard that can then be marketed to Congress as a global norm that the nation should follow.

"If you listened to President Bush when he announced the creation of these passports, you would have thought that the US was a bit player in this project to create, what essentially are, these universal identification cards," Steinhardt said. "If you read the documents, it is crystal clear that the U.S. government drove the process, resisted putting in any of the protection measures ... saying that they were not necessary."

The ACLU has pointed to other initiatives, such as the Council of Europe's Cybercrime Treaty, as examples of policy laundering. The organization has started a task force to focus on the political tactic.

If other countries' momentum is any indication, the passport will just be the first document to include the wireless-chip technology, Steinhardt and other privacy and security experts said. Other identification documents will soon be chipped as well, said Counterpane's Schneier.

"When we look at these RFID chips, they seem to be moving into a plethora of offical documents - it's not going to be just passports," he said. "So even people who don't have passports will be carrying these identity beacons."

The State Department's Moss seemed willing to address the concerns, but ultimately was unmoved by the arguments.

"We are doing it right, we just disagree," Moss said. "If you really think this is a horrible idea, you better start writing to your members of Congress."

Copyright © 2005, Security Focus

Related stories UK to use passports to build national fingerprint database http://www.theregister.co.uk/2005/04/12/uk_passport_fingerprints/ Bush Admin demands more banking data http://www.theregister.co.uk/2005/04/12/bank_regs_boost_data_mining/ Civil liberty group pans EU biometrics plans http://www.theregister.co.uk/2005/04/04/biometrics_eu_report/

© Copyright 2005 The Register

The Dollar Danger

TREASURY Secretary John W. Snow did his best to sound serious over the weekend about the fault lines in the world economy. He called on China to stop pegging its currency to the dollar, a reform intended to allow the Chinese currency to rise, easing the flood of cheap exports that contributes to the record U.S. trade deficit. At the same time, Mr. Snow promised cuts in the U.S. budget deficit, which would reduce the nation's consumption, including the consumption of imports; Japan and the European Union were urged to promote growth, which would suck in U.S. exports. All of these reforms are intended to bring the nation's trade deficit back toward balance. If they fail, markets may cut the trade deficit in their own blunt way -- via a precipitous collapse of the dollar.

The problem is that nobody believes Mr. Snow's rhetoric. He reiterated the administration's plan to cut the deficit to less than 2 percent of gross domestic product, down from 3.6 percent last year. But this plan leaves out the cost of operations in Iraq and the general war on terrorism, and it assumes no reform of the alternative minimum tax and no rise in federal spending. Using more plausible assumptions, the Center on Budget and Policy Priorities expects the budget deficit to hit a low of 2.5 percent in 2010 and then start rising again.

Perhaps because Mr. Snow's budget promises are not credible, the United States has done little to force its international partners to play their parts. European leaders are dragging their feet on pro-growth structural reform, and the chief of the European Central Bank refuses to contemplate lower interest rates, baffling most independent observers. Japan's recovery continues to be weak, and the Japanese conspicuously refused to join the Europeans and the United States in calling on China to change its currency policy. In short, the Bush economic team is failing diplomatically as well as failing to present a plausible budget policy.

As with budget deficits, the risks posed by the U.S. trade deficit may not materialize for a long time. High oil prices have created windfall revenue for oil exporters, and the windfalls have to be invested somewhere -- so for the moment the United States can continue borrowing to pay for imports. At the same time, strong economic growth has distracted investors from bad deficit news; last year the world economy grew by more than 5 percent, the fastest in a generation. But the trade deficit, which is already the biggest on record, continues to grow. Americans cannot consume more than they produce forever.

© Copyright 1996- The Washington Post Company

Republic of Ireland: Waiting for ‘Tiger two’

Firms in Ireland are now facing an all-time high in terms of regulatory burden, as the country fully embraces super-regulation — but lawyers fear that this could lead to a stifling of the market

Last month the New York Attorney General Eliot Spitzer addressed Irish businesses on a visit to Dublin. His message was clear: in line with the rest of the world, Ireland needed to heed warnings on business integrity. He reserved special criticism for the executives and bankers globally, who were damaging the market by continuing to see themselves as above the law. But there was some light at the end of the tunnel. The scourge of Wall Street wrong-doers said there were now enough regulations and that concepts such as honesty and transparency could be reintroduced using simple methods.

With the Irish regulatory burden at an all-time high, Spitzer’s words will resonate with lawyers who are now vociferously complaining that Ireland has embraced super-regulation all too enthusiastically.

They point to the Companies (Auditing and Accounting) Act 2003 as evidence that the legislative agenda is in real danger of stifling risk taking. This Act requires directors of all public limited companies and some private companies to sign annual compliance statements that they have complied with all the relevant laws — a task seen by businesses and lawyers as particularly onerous. Arthur Cox managing partner, Padraig O Riordain, says: "Over-regulation is not good for business. Some of the regulation is a knee-jerk reaction to events that have happened."

He is backed up by A&L Goodbody managing partner Paul Carroll. While acknowledging that good governance was necessary, he complained about the "puritanical zeal in overreacting to a few growing pains".

Despite this, the increasing amount of regulatory business has seen law firms busy setting up departments to provide advice. A&L Goodbody’s head of compliance and corporate governance, Kevin Allen has developed a business tool which he is currently demonstrating to companies as a compliance model.

Meanwhile, McCann Fitzgerald has hooked up with KPMG after the two discovered just how much work was out there when working on a compliance project for Allied Irish Bank. "We launched a joint unit to identify legal obligations and work out what companies need to do to fulfil their company law, tax and other legal obligations," partner John Cronin says.

Despite all the talk of too much regulation, Ireland is continuing to attract new businesses. Amazon is basing its European business in Ireland while a host of others are expanding including Pfizer, Merrill Lynch, IBM and Dell. Intel was recently refused state aid to expand its presence, although the IT company is going ahead with its plans. The reason given was that the company was not able to demonstrate technological innovation. It is an indication that the European Union (EU) is taking a firmer stance on state aid, says Helen Kelly, head of competition at Matheson Ormbsy Prentice (MOP). "Some would say it was a crisis waiting to happen," she says. "It was no surprise. The European Commission is opposed to state aid and there is not a lot of sympathy for Ireland. When Ireland said no to Nice 1, it lost some support and Nice 2 did not exonerate us."

Dublin is also continuing to build its financial services market. Hedge funds are the latest "very big business". With Dublin administrating 20% of the world’s hedge funds, it is increasingly being seen as the preferred European jurisdiction for the domiciling of regulated European hedge funds, says Mark Thorne, managing partner at Dillon Eustace.

While the International Financial Services Centre’s special tax rates of 10% officially end this year, Brian McDermott of A&L Goodbody believes it will not make a difference as general corporation tax is now only 12%. "In fact Dublin is stealing a march on other offshore jurisdictions," he says. "Dublin has the advantage of being a centre for fund administration and this is complemented by the fact that it is also a fund listing centre for both Irish and non-Irish funds."

Insurance products are also becoming important in the Dublin marketplace. According to David Cantrell, managing partner of Eugene F Collins, Ireland is attractive for insurance companies and, for example, has recently seen a number of Italian insurance companies arrive as the regulator is less stringent than the UK’s Financial Services Commission.

But while activity is as busy as ever, most believe talk of ‘Tiger two’ is still premature. "The economy is very active," says O Riordain. "The pipeline of transactions is very strong but with a little bit of a fragile edge. While activity levels are not on a par with pre-2000 levels, they are still very strong. However, there is not the same confidence it will go on forever."

Although M&A is not the stellar performer it once was, according to Carroll, nonetheless there is still a good pipeline of deals for law firms as evidenced by Mergermarket’s 2004 league tables. The first quarter of 2005 is also proving active.

The Irish Stock Market only saw two flotations last year — Eircom and C&C — with two others deferred. The heavy regulatory burden in the US is focusing the attention of some US companies on Europe. "I have a US company which wants to delist from the US and list in Ireland," says Brendan Cahill, managing partner at William Fry. He says it cost one of the firm’s clients $2m (?1.04m) to comply with Sarbanes-Oxley in the US. But the Irish Stock Exchange is also coming under pressure from the UK Alternative Investment Market (AIM). Already this year information and communication technology firms Calyx and broadband firm Mediasat have announced plans to list on the AIM. Last year six companies went to the AIM compared with the two IPOs on the Irish Stock Exchange (ISE), bringing in total the number of companies listed on AIM at the end of 2004 to 16. Most companies cite an abundance of receptive investors and a highly receptive market, which has led the ISE to set up a new forum for small to medium companies — the Irish Enterprise Exchange.

Efforts by the Irish Stock Exchange to re-invigorate the Irish marketplace in general has not gone unnoticed. "It has been of great assistance to people and in terms of bringing business to Ireland. They are out in Europe saying this is what we do and what we can do. They have gone out and sold it," McCanns’ Cronin says.

One trend is the growing number of rich Irish who are clubbing together to invest internationally. The UK has seen them competing for prime properties such as the ?1.3bn acquisition by Quinlin Private and a consortium of investors for the Savoy Hotel Group followed by the sale of a number of these properties earlier this year. The deal was run by A&L Goodbody. Another consortium bought the prestigious Shelbourne Hotel in Dublin. "We are seeing a lot of high net-worth individuals combining for property investments," Cronin says. "The stock market has turned people off. They are very keen on property, but are looking for other opportunities."

Continued growth in commercial retail property developments, a recovery in the Dublin office market and increased land sales for development will underpin growth in the commercial property market this year, according to partner Sean Twomey, of Eugene F Collins.

The continued boom has seen firms beefing up their departments, although MOP has lost a number of its projects and construction and property teams to other firms. O’Donnell Sweeney has picked up partner Mark Varian and a number of assistants, while William Fry has hired MOP’s head of property, Andrew Muckian, to boost its property offering. "We are seeing corporate deals coming out of the property department. Property is changing. It is no longer a support service for corporate," says William Fry’s Cahill.

Despite the setback, MOP partner Andrew Doyle is bullish about the firm’s prospects, claiming that the firm wanted to build a primary property practice and that it has had an "epic year" in projects and construction. He also acknowledged that property was changing and that the successful firms were those that had "front-end property practices", particularly some of the medium-sized firms.

BCM Hanby Wallace has itself finally secured a head for its construction and property department when Tim Kinney, head of Mason Hayes Curran’s (MHC’s) Belfast office, joined the firm last September. Partner Colin Sainsbury said that the commercial property sector was booming, particularly with the completion of the Dun-drum Shopping Centre, the biggest commercial property development in Europe. With Phase two due to start in 2007, and another new greenfield town, Adamstown being built, business has never been better.

It is a view shared by Francis Hackett, managing partner of O’Donnell Sweeney, whose firm is also active in the property arena. He believes that while the outlook remains strong, in the medium term activity will move from new house completions to the completion of the infrastructure network, which in turn will mean a greater internationalisation of the work.

Tax is another area that is at the top of law firms’ agendas with several of the big players putting huge resources into building their tax departments. A&L Goodbody, Arthur Cox, and MOP have already gone down this road while William Fry is "continuing to look at it", Cahill says.

Dillon Eustace and MHC have announced plans in this area. Dillon Eustace recruited David Lawless from PricewaterhouseCoopers to set up a department last July, the first time that a partner has left an accountancy firm to join a law firm.

MHC has also made a high-level appointment — Suzanne Carter, Vodafone Ireland’s head of tax. Her brief is to create a leading tax practice. Managing partner Declan Moylan says the firm is planning to develop a full services tax planning service, making use of its London partner Nick Holt to bring in international investment work to Ireland. Holt was one of the major recruits of the year. The ex-KLegal managing partner has the task of "representing MHC in the UK and also to give us a helping hand through his very wide range of connections".

Holt will set up an office for MHC in London, the fourth Irish firm to have a presence on the ground. William Fry is still "keeping London under review", but has opened up in New York in the meantime with Peter Hooper, the former head of the Bank of Ireland in New York. Ireland’s mid-tier firms may not be heading anywhere, but there is fierce competition for the space in the middle. Ivor Fitzpatrick has recently reviewed its business plan, says chief operating officer Paul O’Grady. "We are not going to be a full service firm. We are not at the heels of the top four to five, but are a niche firm and very strong in the areas we specialise in," he says.

O’Donnell Sweeney is also on the move. Hackett believes the firm has hidden its light under a bushel for far too long. He says the firm has conducted a 365-degree review of the business through consultants Xavier BDO and were very focused on the way forward and not being a ‘me too’ firm. The recent hire of Jim Truick of Landwell and the team from MOP is evidence of its determination to move up a gear.

While most of the key Dublin firms have hooked up with Northern Irish firms, only one firm, Arthur Cox has gone the whole hog and taken over a firm. Ten years on, O Riordain says the amount of cross-border activity is "phenomenal". The firm has increased partners in Belfast from two to nine. He says: "From banking and property, we now have a very strong corporate team while our expertise in projects is particularly strong."

Meanwhile Johnsons, the Northern Irish firm, is also reporting a record year for its Dublin office, says partner Paul Tweed.

The deepening competition between Dublin firms has led them to increasingly specialise. Liam Quirke, managing partner of MOP, says he is trying to get people to focus on a market-led approach and think about the people who buy their services. This market approach could be skills or sector based he says, for example, life sciences. "You need to deeply understand the industry to service it," he adds.

However, recruiting specialists is not easy. Michael Benson, of Benson Associates, says there is a huge demand for commercial property lawyers as well as a big demand but no supply for construction lawyers. "It used to be dealt with under commercial property but is now increasingly specialist," he says.

Banking and financial services also have a strong demand for good candidates but the supply is low, Benson says. And there is always a significant demand for tax and trust work with an increasing need for wealth management advice for high network individuals, he says. Meanwhile, Yvonne Keane of Brightwater says in-house is no longer a graveyard for lawyers in Ireland. "Many organisations are setting up new legal departments in Ireland, hence the higher demand for in-house lawyers across all markets particularly banking, investment management, telecoms and IT."

And Paul Fahy of the Meaghan Group says the Irish market is different to the UK. "In London you can get the candidates but not necessarily the jobs. Here it is the opposite," he says.

Despite lower salaries than London, the opportunity to progress can be quicker in Dublin, he says.

Author: Legal Week Source: Legal Week Start Date: 28/04/2005

US Jewish Lobbyist Funded Settler Gangs with Swindled Indian Tribe Money

GAZA, April 26, 2005 (IPC + Newsweek) - - A US magazine revealed today that a pro-Israeli lobbyist in close contacts with US Congressman Tom DeLay defrauded his Indian tribe clients and funneled large amounts of money in the form of paramilitary gear to Israeli settler gangs in the West Bank.

The US-based magazine Newsweek reported that super lobbyist Jack Abramoff has used the name of a charity foundation he had established with his wife to fund sports and youth leadership programs in impoverished inner city neighborhoods in the United States to send money and military gear to a friend in the illegal Israeli settlement 'Beitar Illit' as well as to another Jewish religious school in the West Bank that has no listing whatsoever.

Abramoff was hired by a group of Indian tribes who, having established lucrative gaming casinos, were interested protecting their interests in Washington.

The Indian tribes were also interested in a pitched project by Abramoff; a charity foundation he had started up. The charity, called the Capital Athletic Foundation, was supposed to provide sports programs and teach "leadership skills" to city youth. Donating to it also had a side benefit, Abramoff told his clients: it was a favored cause of Republican Congressman Tom DeLay.

However, Newsweek reported, investigators probing Abramoff's charity tax records found that a large sums of money were funneled to an Israeli settlement in the West Bank, in the form of paramilitary gear, including camouflage suits, sniper scopes, night-vision binoculars, a thermal imager and other material described in foundation records as "security" equipment.

FBI sources confirmed to the US magazine that these purchases are part of a larger investigation to decide whether Abramoff had defrauded his Indian tribe clients. Henry Buffalo, a lawyer for the Saginaw Chippewa Indians, who contributed $25,000 to the Capital Athletic Foundation at Abramoff's urging, said that the donors were outraged to learn of the destination of their money. "This is almost like outer-limits bizarre. The tribe would never have given money for this," said Buffalo.

"Super-Zionist," as described by one of his associates, Abramoff is a strong proponent of Israel, which might explain the money and paramilitary gear sent to Beitar Illit, which Newsweek described as "a sprawling ultra-Orthodox outpost whose residents have occasionally tangled with their Palestinian neighbors."

Abramoff's contact person in the illegal settlement was identified as Schmuel Ben-Zvi, an American emigre who was a close friend of Abramoff from Los Angeles. Abramoff shipped the gear and funneled funds allocated for poor neighborhoods in the United States through one of his aides working in a law firm he once used to work with.

Abramoff's foundation's tax records also mention payments to "Kollel Ohel Tiferet" in Israel, a group for which there is no public listing and which the Beitar Illit's mayor, Yitzhak Pindrus, said he never heard of.

Further probing of the Capital Athletic Foundation money showed also that a large portion of it, almost $4 million, was used for a now-defunct Orthodox Jewish school in suburban Maryland that two of Abramoff's sons attended. Buffalo said neither he nor his clients were aware of how their donations were used by Abramoff.

Ben-Zvi, who received the money and gear from Abramoff, was an outspoken proponent of beefing up security at the illegal settlement, and even began organizing his own freelance patrols. "He used to bring in this equipment-night-vision goggles, telescopes," said Pindrus. Ben-Zvi angrily denied any connection with Abramoff when Newsweek tried to reach him in the West Bank for a comment.

In light of the scrutiny of Abramoff's shady actions, several of his friends began abandoning him, including his old friend Tom DeLay, whose spokesman vigorously disputed that DeLay had anything to do with Abramoff's charity.

Newsweek further added that in 2002 alone, three Indian tribes donated $1.1 million to Abramoff's charity, of which $140,000 have actually found their way to the illegal West Bank settlements.

SOURCE : IPC + Newsweek --------------------------------------------------------------------------

State Information Service (SIS)

International Press Center

Tel.: +970 8 2838778 Fax: +970 8 2838778 Mobile: +972 59 709526 Email Director-General : presscenter@sis.gov.ps Editor: englisheditor@sis.gov.ps

Strong Performance By Integrated Offshore Financial Centre

KUALA LUMPUR, April 28 (Bernama) -- The Malaysian integrated offshore financial centre has registered a strong performance in 2004, building upon the progress achieved in the previous year.

Bank Negara Malaysia governor Tan Sri Dr Zeti Akhtar Aziz said efforts continued to be focused in ensuring that the regulatory framework of the Labuan Offshore Financial Centre (LOFSA) remained sound and progressive.

This, she added, followed the various measures implemented by LOFSA to promote and develop Labuan as a regional offshore financial centre.

Announcing the LOFSA 2004 annual report at the central bank here Thursday, Zeti said the financial performance of LOFSA for the year ended Dec 31, 2004, demonstrated higher growth.

LOFSA recorded a total income of RM17.7 million, up from the previous year's RM15 million.

The surplus recorded in 2004 was RM3.8 million, an increase of 91 percent from the previous year.

Zeti said LOFSA would continue with its approach of facilitating genuine and reputable businesses to set up their operations in the offshore financial centre.

Going forward, she said the developmental and international promotional activities would be intensified to strengthen the position of Labuan as an international offshore financial centre (IOFC).

On offshore companies, Zeti said the number of new offshore companies incorporated in the Malaysian IOFC increased from 494 in 2003 to 555 in 2004, representing a 12.3 percent growth.

This brought the total number of offshore companies operating in the IOFC to 2,701 as at end of 2004. In 2003, the total was 2,486.

According to Zeti, this growth is a testament to the growing trend of Labuan as an IOFC that has successfully attracted offshore companies from more than 70 countries.

The positive growth is expected to continue in 2005 in view of the growing awareness and recognition of Labuan's stature as an IOFC in the region, she said.

On trust companies, Zeti said continued growth in the number of offshore companies contributed to the increase in total profit before tax of the offshore trust companies by 17.4 percent to US$2.7 million compared with US$2.3 million in 2003.

As at December 2004, all trust companies in Labuan had completed their exercise to convert their status to offshore entities in accordance with the amended Labuan Trust Companies Act 1990.

The conversion facilitated strategic affiliation of the offshore trust companies with international institutions, making Labuan more accessible as an IOFC to potential offshore companies and investors.

-- BERNAMA

Copyright © 2005 BERNAMA. All rights reserved.

Trust in Online Banking: Hard to Earn, Easy to Lose

Opinion by Larry Ponemon

APRIL 26, 2005 (COMPUTERWORLD) - The good news for banks courting online customers is that consumers have greater confidence in banking on the Web compared with visiting a branch. They also like the convenience and the privacy online banking offers.

The bad news is that they can be fickle and unforgiving.

According to the 2005 Privacy Trust Survey for Online Banking conducted by Ponemon Institute , only one privacy breach would cause 57% of customers with a high level of trust in their banks to take their business to a competitor (see chart ).

The Web-based study, sponsored by Watchfire Corp., asked more than 2,300 adult Internet users to indicate how confident they feel that their primary bank is committed to protecting the privacy of personal information. More than 70% of respondents strongly agree or agree that their bank or credit union is committed to protecting their personal information. The study was launched in February and completed in March.

More than 71% of respondents said their top reason for banking online is convenience. More than 59% of respondents who use online banking services state that they have more confidence in online banking than branch banking.

Combining convenience with confidence is an appealing offering from financial institutions. As our study showed, a majority of respondents (51%) do bank online. This is not surprising considering 58% reported that they spend from 10 to more than 20 hours each week online.

The most common Internet banking activity is viewing statements online (77%), followed by making payments on bank products such as credit cards or mortgages (51%). The least common activities are making a service request online or viewing statements online instead of having them mailed (i.e., it appears that most people like getting hard copies even though they view the same document online). Our research also showed that respondents who indicated they have a high level of trust in their banks are more likely to make payments online, transfer money and download account information into spreadsheets or accounting software such as Quicken.

Allay Consumers' Fears

Consistent with Ponemon Institute's other Privacy Trust studies, the biggest fear consumers have is identity theft (82%), followed by unauthorized access to their bank accounts and telemarketing abuse. Eighty percent of respondents said that the privacy of their personal information is very important or important to them.

Based on these findings, banks should address the online security of their Web sites and provide information about the measures customers can take to protect their financial assets. Banks should clearly communicate their commitment to protecting the privacy of their customers and provide information on how consumers can contact the bank with questions or concerns.

Respondents were also asked to suggest actions their bank could take to increase confidence in its ability to protect personal information. The most important issue with online consumers is setting limits on the sharing of personal information with third parties. This finding is also consistent with the results of our 2005 Online Consumer Permissions Study. According to that study, consumers want control over their online experience.

A second strategy to gain trust is to have fewer annoying, irrelevant ads or marketing promotions on the Web site (including ads from other online merchants). Only 21% reported that their bank's e-mails always or usually contain information they want to receive.

Finally, in response to worries about identity theft, customers want online banks to demonstrate good identity verification procedures. This might include denying access to accounts if their identity cannot be verified and notifying them as soon as possible if there has been unauthorized access to their accounts.

The rewards for listening to and respecting the concerns of online consumers can lead to greater trust. And, in the world of online banking, trust is positively related to consumer acceptance and greater use of online banking services.

Dr. Larry Ponemon is chairman of Ponemon Institute, a think tank dedicated to ethical information management practices and research. Dr. Ponemon is an adjunct professor of ethics and privacy at Carnegie Mellon University's CIO Institute and is a CyLab faculty member. He can be reached at larry@ponemon.org.

Consumers Who Would Change Banks After a Privacy Breach

One time High-trust group 57% Other group 33%

Two times High-trust group 18% Other group 36%

Three times High-trust group 11% Other group 22%

Four times High-trust group 6% Other group 6%

More than four High-trust group8% Other group 2%

Source: Ponemon Institute 2005 Privacy Trust Survey for Online Banking, 2,300 adults

Copyright © 2005 Computerworld Inc. All rights reserved.

Then They Came For The Children.

By Ted Rall

04/27/05 - - They've vanished into the netherworld of a Homeland Security gulag and their story has already disappeared from the headlines, but the shocking case of two 16-year-old girls from New York City arrested a month ago ought to inspire outrage among every American worthy of the name. Since the government's reasons for the girls' imprisonment could apply to virtually any teenager, it should also spark fear.

Like many rebellious teens, I fought with my mother. Local police, called to my home during at least one particularly impressive clash of wills and voices, talked us back into the land of the calmly reasonable. Then they left.

Like many young people, I was fascinated by morbid, violent subjects. After I turned in an essay depicting a political assassination from the killer's viewpoint, my creative writing teacher sent me to talk to my guidance counselor. After I assured him that I had no desire to knock off any politicians, he returned me to class.

A quarter century later, my mom and I are best friends and I haven't done anything the Secret Service ought to worry about. Right now, however, two girls from New York City are rotting in a HomeSec prison in Pennsylvania for doing nothing more than I did--one for fighting with her parents and writing an essay, the other accused of being her friend.

In early March, the New York Times reported on April 7, one girl's parents "went to the local police station house" in the Queens Village neighborhood because "their teenage daughter...had defied their authority." Things calmed down and the parents, believing their daughter had been scared straight, asked the NYPD to forget the whole thing.

It was too late for that.

Without a warrant, NYPD detectives and federal agents burst into the girl's home--no wonder they don't have time to look for Osama!--where they "searched her belongings and confiscated her computer and the essays that she had written as part of a home schooling program," say her family. "One essay concerned suicide...[that] asserted that suicide is against Islamic law." The family is Bangladeshi. They are Muslim. That, coupled with the mere mention of suicide bombing in her essay, was enough to put the fuzz on high alert.

Although she is conservative and devout, the girl and her parents vigorously deny that she is an Islamist extremist (not that such opinions are illegal), but this is post-9/11 America and post-9/11 America is out of its mind.

Based solely on an essay written by one of the two, the FBI says both girls are "an imminent threat to the security of the United States based upon evidence that they plan to become suicide bombers." But the feds admit that they have no evidence to back their suspicions. Nothing.

"There are doubts about these claims, and no evidence has been found that such a plot was in the works," one Bush Administration official admitted to the Times. "The arrests took place after authorities decided it would be better to lock up the girls than wait and see if they decided to become terrorists," another told the New York Post. The same logic could be used to justify locking up any Muslim, or anyone at all. Heck, maybe that's the idea.

The Bangladeshi girl, who was homeschooled and wears a veil, says she never even met her outgoing and more Americanized "co-conspirator" from Guinea before the cops accused them of plotting to do...something. Maybe.

Ted Rall. Visit his website. http://www.tedrall.com/

Copyright: Ted Rall.

U.S. buys weapons from indicted company

By JONATHAN S. LANDAY Knight Ridder Newspapers

WASHINGTON - The U.S. Army has approved the purchase of more than $29 million worth of weapons for the new Iraqi army from a Chinese state-owned company that's under indictment in California in connection with the smuggling of 2,000 AK-47 automatic rifles into the United States in 1996.

The haul remains the largest seizure of smuggled automatic weapons in U.S. history.

Army Lt. Col. Joe Yoswa, a Pentagon spokesman, said the Warren, Mich.-based U.S. Army Tank-automotive and Armaments Command approved the contract for Poly Technologies after a check into the company's background. The company wasn't among those banned from doing business in the United States, he said.

The Beijing-based firm is to deliver 2,369 light and heavy machine guns, 14,653 AK-47 rifles and 72 million rounds of ammunition worth $29.3 million by Saturday, according to a Pentagon statement.

It isn't clear whether the deal, which comes as the Bush administration is pressing the European Union to maintain an embargo on high-tech arms sales to China, was discussed or approved by higher-ranking officials at the State and Defense departments. Hungary, Poland and Romania, all members of the U.S.-led military coalition in Iraq, could supply the same weapons. China opposed the U.S.-led invasion of Iraq.

Poly Technologies won the competitively bid $29.3 million contract in February from The International Trading Establishment, a Jordan-based consortium. The U.S. Army selected the consortium to supply Iraq's fledgling security forces with as much as $174.4 million worth of radios, night-vision equipment, weapons and ammunition. The consortium comprises coalition partners of corporations from the Czech Republic, Spain and Jordan.

Iraq is awash in AK-47s and other weapons, but American commanders want new weapons for the new army.

Dynasty Holding of Atlanta, the name under which Poly Technologies did business in the United States, was charged in the smuggling case, along with 14 co-defendants, including Bao Ping "Robert" Ma, a former Chinese army general who was the firm's U.S. representative, according to the May 1996 federal grand jury indictment.

Ma and three co-defendants were also charged with smuggling 20,000 AK-47 bipods into the United States from China in December 1994.

Ma is a fugitive believed to be in China, according to U.S. Immigration and Customs Enforcement (ICE).

The 30-count indictment stemmed from a sting operation mounted by undercover U.S. Treasury and U.S. Customs Service agents, who posed as organized-crime arms dealers.

The agents paid $700,000 for 2,000 fully automatic AK-47s that were shipped into Oakland, Calif., aboard a Chinese-owned vessel from China in March 1996.

The shipment, which had an approximate street value of more than $4 million, also included about 4,000 AK-47 drum magazines capable of holding up to 40 rounds each.

A key figure in the plot who pleaded guilty, Hammond Ku, a resident alien from Taiwan, suggested to the undercover agents that the weapons be sold to "gang bangers," or street gangs, according to an affidavit from a U.S. Customs agent that accompanied the indictment.

Ma is one of five Chinese nationals indicted in the case who are fugitives. Two other Chinese nationals who were charged, a former Poly Technologies export manager and a former export official of another state-run munitions firm, NORINCO, have been convicted in China, said Lori Haley, a spokeswoman for ICE in Laguna Niguel, Calif.

"It's still a pending investigation," said Haley. "As long as they are fugitives, the investigation is still open."

Ma's lawyer, Joseph Russinello, said his client was innocent.

He said the Chinese government had "basically cleared" Ma in the investigation that led to the convictions of the former Poly Technologies and NORINCO export officials.

According to U.S. federal court records, four other defendants have pleaded guilty, including Ku. He pleaded guilty in 1997 to illegal importation and money laundering charges, but has yet to be sentenced.

"Poly Technologies is not on any list of prohibited sources, nor is the U.S., under existing law, regulation or policy, prohibited from using Chinese companies to supply weapons," said Yoswa, the Pentagon spokesman. "There are firms within China that are on the prohibited source list, but Poly Technologies is not one of them."

He also pointed out that a U.S. arms embargo slapped on China after the 1989 massacre that crushed pro-democracy protests in Beijing's Tiananmen Square applies only to American sales of advanced defense technologies to the communist regime.

An Army official, speaking on condition of anonymity because of the sensitivity of the issue, said Army investigators were aware of the link between Poly Technologies and the 1996 weapons smuggling case. But, the official said, Poly Technologies itself was not named in the indictment.

"We looked at Poly Technologies, not Dynasty Holding. Dynasty Holding doesn't exist," the official said.

The official said the background check on the company was conducted by the National Ground Intelligence Center, an Army intelligence agency in Charlottesville, Va.

Poly Technologies was started by the Chinese military as an arms trading corporation. When the government ordered the military to divest itself of numerous businesses, Poly Technologies in 1999 was placed under the central government.

U.S. to alter passport design because of privacy fears

By Eric Lipton The New York Times

THURSDAY, APRIL 28, 2005

WASHINGTON Responding to fears raised by privacy advocates that new electronic passports might be vulnerable to high-tech snooping, the U.S. State Department intends to modify the design so that an embedded radio chip holding a digitized photograph and biographical information is more secure.

The move comes after protests by groups as diverse as the American Civil Liberties Union and the Association of Corporate Travel Executives. They argued that the proposed new electronic passports, which would broadcast personal information to speed processing of travelers, would have served as a virtual bull's-eye for terrorists or others who wanted to harm Americans.

Frank Moss, deputy assistant secretary of state for passport services, said in an interview Tuesday that government tests confirmed privacy advocates' suspicions that the electronic passport might be vulnerable to so-called skimming from a greater distance than officials had previously said, meaning a matter of three or so feet instead of inches, or about one meter instead of eight centimeters.

"You do perhaps face a risk of a reading without the knowledge of the passport bearer, and that is obviously something we want to protect against," Moss said.

To prevent that, the special electronic passport readers used by customs officials in the United States and their counterparts around the world would use data printed on the new passport to effectively unlock the radio chip before it would transmit the personal electronic information it holds, Moss said.

The personal data flowing to the passport reader would also be encrypted, so that someone trying to use an unauthorized electronic reader in the area could not intercept and decipher the identity of the passport holder, he said, confirming a report about the design changes that first appeared on Tuesday on the Wired.com Internet site.

The U.S government has not yet started to buy these high-tech passport readers, but the technology is already being developed for some European nations that are planning to introduce their own passports with embedded radio chips.

Finally, as previously announced, the passport cover would also be layered with a protective metallic material.

Adding these security features may delay the introduction of the electronic passport, which the State Department had said it planned to start sometime this year, gradually replacing all existing passports, as they expire, over the next decade. The effort was begun because the electronic passport would be extremely difficult to forge and the digital image embedded in the chip could be electronically compared to a photograph taken at the border, giving some certainty that the person possessing the passport is the same person to whom it was legally issued.

The questions about the electronic passport format may ultimately increase pressure on the United States to give other nations more time to start issuing their own new passports. Currently, nations that want their citizens to continue to be able to visit the United States without a visa have until Oct. 26 to introduce passports that have tamper-resistant biometric data, like the radio chip. There are 27 of these so-called visa-waiver nations, mostly from Europe.

Barry Steinhardt, director of the technology and liberty program at the American Civil Liberties Union, and Bill Scannell, a publicist from Washington who organized a campaign to block the introduction of the radio-chip-based passport, said Tuesday that they were pleased that the State Department was taking steps to address the security flaws identified in the original design.

But along with other privacy and computer security experts, they said they remained concerned that the new passports might still be vulnerable to some kind of prying.

"No matter how much stuff you layer on the technology, it is still inappropriate," said Scannell.

Philanthrocide

Charities are worried about the repeal of the death tax. But we should give because we want to give, not for fiscal advantage. By Marc Gellman Newsweek Updated: 1:57 p.m. ET April 27, 2005

April 27 - Cars run on gasoline, windmills run on : well, wind. And charities run on the goodness of the human heart and the tax laws.

Half of what foundations and charities and churches and synagogues need to operate is about to be cut off. Few of the people who lead the communities of private goodness are sounding the warning, though, for fear of offending their biggest donors, who are about to save a ton of money. At issue: the estate tax, which the federal government may soon repeal altogether after slicing and dicing it for the past four years. As a result, thousands of religious and philanthropic institutions that depend on the tax shelter are facing philanthrocide.

You see, giving money to charities and foundations and religious institutions is not just a good thing, it is a tax-wise thing. And as Stephanie Strom has calmly but powerfully reported in a two-part series this week in The New York Times (April 24 and 25), "eliminating the tax would also eliminate the need for the tax shelter." Strom points out that since the partial repeal of the estate tax, there has been a $2.8 billion decline in bequests to philanthropies from 2002 through 2003. This was the first decline in giving since 1998. With a complete repeal of the estate tax, the lost giving to charities might reach $10 billion a year, which is the equivalent of all the grants made by the 82 largest foundations in 2003.

This may shock you, but I pray that the estate tax is repealed. I want to see the "death tax" die for purely spiritual reasons, but I am also prepared to argue that despite some dire predictions, real charities doing the real work of healing and hope in our wounded world will do better after the government forces us to remember why we really give to others. We give, or we ought to give, because we want to help another person--not our own tax return. We give because we are listening to our hearts and not to our accountants. When the laws of our land force us to shelter our income in some marginally legal tax shelter that ends up consuming in administrative costs large pails of money meant for the poor, this is not giving, it is hiding. When we get unlimited deductions for transferring our money, as Strom also points out in the second article, to tax chimeras called "supporting organizations" that don't even have to give away the measly 5 percent required of a charitable foundation, this is not charity but something smarmy and ignoble.

I have always believed that motives matter. A charitable world driven by tax calculations and not by the desire to actually give back something to the world of the needy trashes our best motives and replaces compassion with calculation. Tell me you cannot sense the moral difference between a boy helping an old woman cross the street and a boy helping an old woman across the street for a dollar? I know that good work is done from tax-driven giving, but it is too far away from love and too close to cheating for my blood.

Estate Tax Morally Unjust

I also know that the majority who are seeking a repeal of the estate tax are less motivated by the need to let Ol' Zeke and Matilda keep the family farm than by the prospect of a windfall for already fabulously wealthy clients and patrons, but it is still right to kill the death tax. It is right because we need to restore the purity of our motivations for giving and we need to eliminate the growing not-for-profit bureaucracy so that hearts and needs can come closer to meeting each other. When people have to filter their compassion and giving through phantasmagoric tax-sheltering trusts with spooky and hilarious acronyms like GRIT, GRAT, CRT, GST, SNT, QPRIT and QTIP (not the kind you use to clean your ears) it is time to call a tax timeout. We need to reconsider the contortions we put people through who just want to bequeath something to their kids and give something to the church that will send them off to the place where nothing is sheltered and nothing is possessed.

As a point of political philosophy I also believe that the estate tax is morally unjust. It is the moral right, and it is certainly the political right, of a government to tax our incomes to pay for the social and governmental and economic infrastructure that enabled us to make a living and to pay for our collective defense. However, for the government to tax our incomes when we earn them and then tax them again when we try to give the fruits of a lifetime of labor to our children and to the children of our children's children is confiscatory and cruel. I am of course embarrassed that the case for this morally compelling reform is so often made by rich people or their agents. However, they are right despite the fact that they are rich. Taxing the same income twice is unfair no matter what charity benefits from the heist.

Even if there is no tax break rewarding philanthropists, I do not believe the wailing and gnashing of teeth from those who predict philanthrocide. Far from it, I believe repealing the estate tax will restore philanthropy to the moral high ground that a corrupt tax code has eroded. Furthermore, if rich people do not have to set up trusts and foundations and supporting organizations to protect their estates from tax laws, they are more likely, I believe, to give directly from their pockets to worthy charities rather than wasting their money and their time worrying more about the shelter than about who the shelter is really supposed to protect.

I suppose that your opinion on the repeal of the estate tax depends upon your opinion of people. If you believe with Anne Frank that "despite everything, people are basically good," then you will believe that with more money saved from the tax man, more money will be given to those who sleep in the dust. If you believe, on the other hand, that people are basically selfish beasts, then I suppose that Scrooge with a tax shelter that must disperse 5 percent a year to charity is better than Scrooge with an extra Christmas goose to lay away in his own larder. My vote is with Annie. If the Temple of Solomon, the Sistine Chapel, the Cathedral at Notre Dame, Mother Teresa's mission in Calcutta and Ebbets Field could be built without tax shelters, I think we can get along just fine without them now. Left to the imprecations of our own hearts, I believe, I do believe, that we will find ways to respond to what Lincoln famously called "the better angels of our nature." Even without tax incentives, people will still give from their hearts, still volunteer their time and treasure to construct and sustain houses of God. And most of all, the rich kid I brought to the soup kitchen will still go there and sit with the guy in the corner and still touch his hand, look into his eyes and still say, "Yeah, I like the blues, too."

© 2005 Newsweek, Inc. © 2005 MSNBC.com © 2005 Microsoft Corporation. All rights reserved.

Your Money Under More Scrutiny

By Manu Joseph

02:00 AM Apr. 26, 2005 PT

Pressured by anti-terror laws, banks will be spending billions of dollars over the next few years on software to counter money laundering. The software will automatically track suspicious financial transactions, but it will also monitor millions of innocuous ones, and may make it harder to cheat on your taxes.

Thanks to the stringent requirements of the Patriot Act, enacted after 9/11 to choke the supply of terror funds, and the unambiguous threats of steep fines and even imprisonment of bank directors if their organizations facilitate money laundering, U.S. financial institutions are very enthusiastic about installing anti-money-laundering software.

Between 2005 and 2008, American banks are forecast to spend about $14.7 billion on anti-money-laundering software, hardware, maintenance and other compliance-related activities, according to Neil Katkov, a Tokyo-based analyst with Celent Communications . Europe and Asia are expected to spend over $11.6 billion during that period.

By 2006, 94 percent of large financial institutions in the United States will have installed anti-money-laundering, or AML, technologies, according to Celent.

Already, the United States is the global driver of anti-laundering software. And the number of transactions reported to government agencies, like the United States' Financial Crimes Enforcement Network , is growing fast. In 2004, banks reported 14.8 million transactions to FinCEN. That's 600,000 reports more than in 2003, according to FinCEN's annual report for 2004 .

"AML software will change international banking forever," said Suheim Sheikh of SDG Software , an Indian software firm hoping to tap into the big new market.

"Governments across the world will have their eyes on bank customers," he added. "Since the software can monitor so many accounts, so many transactions, all kinds of people will be scrutinized, even those who in theory are just regular people. By default, not just money laundering but anything that violates the law, like tax evasion, will be hard to hide."

As a consequence of AML surveillance, even citizens with no criminal intent or ties will have to become more efficient law abiders, bank officials said. Small breaches of the law, or just indifference, will no longer go unnoticed.

"Chances are that most of the time the software will catch not a money launderer, who is always wary, but a regular person," said one bank official who did not want to be named. "If you got a fat birthday gift from your brother who works in the Middle East, would you like to get calls from the bank or the government asking for an explanation? In theory, that can happen."

Even small transactions may be flagged as suspicious. Terror funds are known to be small, as the withdrawals and deposits of 9/11 terrorists showed. Being small does not mean being invisible.

"Any unexplained deposit will get you calls from the bank or the authorities, and you better have the correct answers," said Cherian Varghese, chairman of Union Bank of India.

Installed at a large bank with several branches across the world, a comprehensive anti-laundering system will monitor millions of transactions every day.

Typically, an anti-laundering system pulls in customer data; classifies each into varying levels of suspicion, from high risk to low; builds patterns of customer behavior; and searches for anomalies within those patterns like sudden surges in funds or huge withdrawals.

The software also keeps a lookout for blacklisted names, or "specially designated nationals," in the parlance of the U.S. government, and takes note of transactions from countries that are perceived to be hostile to the host nation.

The software reports suspect transactions and customers to bank officials, who then forward the information to the appropriate government agency, like the FinCEN.

"A good AML software is a very complex tool," said Hanuman Tripathi, managing director of InfrasoftTech , another of India's software vendors eagerly eyeing the AML market. "Its job is not to churn out data. Instead, it makes intelligent use of data."

For example, Tripathi said, the software will remember that a customer is a 30-year-old engineer who is paid on the fifth of every month.

"It will study the profiles of other engineers in the same age group and build a pattern based on common traits like, say, the monthly periodicity of salary," said Tripathi. "If another customer comes along, says he is an engineer and receives deposits every week, the software will raise what we call a red flag. He is suspect."

InfrasoftTech claims to have installed the largest AML project in the world, linking more than 1,000 branches of Bank Rakyat Indonesia, a large banking institution owned by the Indonesian government. According to InfrasoftTech, the software monitors 1.5 million transactions a day and 18 million customer accounts, roughly 80 percent of the bank's accounts.

A tricky aspect of anti-money laundering is that government regulations designed to curtail it are public knowledge. "In fact, in anti-money-laundering seminars, a lot of people in attendance are launderers themselves because they want to know how the system is trying to nab them," said Colin Lobo, associate director of international audit firm KPMG.

Launderers constantly try to evade the traps laid out for them. For example, in the United States, all transactions over $10,000 have to be reported to the FinCEN. A savvy launderer will break a big transaction into a series of smaller transactions, each limited to $9,500. Good AML software is wise to such tricks.

"The software searches for such behavior." said Parth Desai of Ace Software . "It will think like (a launderer)."

In the future, AML software is expected to grow broader in its reach, helping banks and governments across the world share data with each other.

"Not only money launderers, but a fair number of ordinary citizens as well would rather that governments and banks not have this kind of reach," said Celent's Katkov.

© Copyright 2005, Lycos, Inc. All Rights Reserved.

Cayman Islands viewed as a haven for reinsurance companies

Current News about the Cayman Islands in the Foreign Press Wednesday, April 27, 2005

Cayman Islands viewed as a haven for reinsurance companies

LONDON, England - The Times reports that, according to Michael Gass, the head of securities litigation and enforcement at Palmer & Dodge, a Boston-based law firm, "Dublin is viewed, along with the Cayman Islands, as a haven for reinsurance companies to set up offices and get away with doing things they would not be able to do elsewhere."

Cayman Islands one of 70 tax havens

BOSTON, USA - According to the Christian Science Monitor, corrupt officials in poor nations, illegally, and multinational corporations, mostly legally, siphon huge amounts of money into bank accounts and shell companies in 70 tax havens, such as the Cayman Islands.

"It's going to be the next major issue," forecasts Lucy Komisar, a New York journalist writing a book on offshore banking. She compares the drive against tax havens with the Civil Rights Movement of the 1960s, in which she participated, and the feminist and environmental movements of more recent decades.

Copyright © 2003 - 2005 Cayman Net Ltd All Rights Reserved

IMF Presentation: Special Purpose Entities: Uses and Abuses

Presentation to the International Monetary Fund April 19, 2005 By Janet M. Tavakoli

I. INTRODUCTION

Special Purpose Entity (SPE) is a global term, and is used interchangeably with the term Special Purpose Vehicle (SPV). An SPE is either a Trust or a Company. SPEs can be either on shore or offshore. Special purpose corporations are used for a variety of legitimate purposes, including structured risk management solutions. In securitizations, the SPE houses the asset risk either through the purchase of the assets or in synthetic form. The assets are then used as collateral for notes issued by the SPE.

SPEs are powerful structured finance tools. Both the banking community and the investment community have benefited as SPEs facilitated bank balance sheet management and facilitated the creation of new investment asset classes. Because of their normally off-balance sheet, bankruptcy remote, and private nature SPEs can be used for both legitimate and illegitimate uses. Even when used legitimately, the way the issuance of SPEs is represented is sometimes ethically marginal.

Reaction to recent financial scandals in which special purpose entities were allegedly abused, including Banco Ambrosiano, BCCI, Enron, AIG, and Parmalat - to name only a few - threaten to cripple some of the legitimate and beneficial uses of SPEs, while failing to address the underlying causes of the problem.

FASB responded with proposed accounting changes for SPEs. Some proposed changes, such as recognizing certain upfront derivative contract payments as a financing instead of as revenue, are appropriate. Other proposed changes, such as some aspects of FIN 46, are counterproductive attempts to answer the wrong question. New rules proposed to give the appearance of doing a good accounting job fail to address the issue. Even worse, they provide potential unnecessary complications for collateralized debt obligations (CDOs). In fact, the new rules may exclude some beneficial structures by throwing into question whether reserve accounts built up from residual cash flows in synthetic deals will cause the CDO to be treated as a variable interest entity (VIE).

SPEs have been used to legitimately move assets off of a balance sheet and monetize them through repackaging combined with sales to investors. SPEs have also been used for embezzlement, money laundering, to mischaracterize revenues and losses, to perpetrate fraud on unwitting fund investors, to move money offshore for tax evasion, to channel funds to terrorist operations, and to disguise the source of money for illegal arms sales.

The Sarbanes-Oxley Act is a step in the right direction, but lacks effective deterrents. While the Sarbanes-Oxley Act may make it harder for U.S. entities to abuse SPEs, the larger problem for the international community is the prevention of illegal cross border money flows. The question that requires an answer is how do we competently manage structured finance activity and deter abuse?

II. Legitimate Uses of Structured Finance and Special Purpose Entities

All of the following are examples of SPEs: Special Purpose Corporations (SPCs) which may or may not be Special Purpose Subsidiaries or captives; Master Trusts; Owners Trusts; Grantor Trusts; Real Estate Mortgage Investment Conduits (REMICs); Financial Asset Securitization Investment Trust (FASIT); Multiseller Conduits; Single Seller Conduits; and certain Domestically Domiciled Corporations.

Special purpose entities are often classified as either passthrough or paythrough structures. Passthrough structures pass through all of the principal and interest payments of assets to the investors. Passthrough structures are therefore generally passive tax vehicles and do not attract tax at the entity level. Paythrough structures allow for reinvestment of cash flows, restructuring of cash flows, and purchase of additional assets. For example, credit card receivable transactions use paythrough structures to allow reinvestment in new receivables so bonds of a longer average life can be issued.

For securitization of cash assets, the key focus is on non-recourse (non-recourse to the originator/seller) financing. The structures are bankruptcy remote so that the possible bankruptcy or insolvency of an originator does not affect the investors' right to the cash flows of the vehicle 's assets. The originator is concerned about accounting issues, especially that the structure meets requirements for off-balance sheet treatment of the assets, and that the assets will not be consolidated on the originator/seller's balance sheet for accounting purposes. For bankruptcy and accounting purposes, the structure should be considered a sale. This is represented in the documentation as a true sale at law opinion. The sale is also known as a conveyance.

The structure should be a debt financing for tax purposes also known as a debt-for-tax structure. Tax treatment is independent of the accounting treatment and bankruptcy treatment. An originator selling assets to an SPE will want to ensure that the sale of assets does not constitute a taxable event for the originator. The securitization should be treated as a financing for tax purposes i.e., treated as debt of the originator for tax purposes. This is represented in the documentation in the form of a tax opinion.

The structured solution to the bankruptcy, true sale, and debt-for-tax issues varies by venue. For example, if a U.S. bank wants to securitize receivables, the structure requires two SPEs to avoid a federally taxable asset sale and to achieve off-balance-sheet financing and a bankruptcy remote structure. In the U.S. SPEs are usually organized as trusts (for tax reasons) under the laws of the state of Delaware or of New York. The first SPE is a wholly owned, bankruptcy remote subsidiary of the originator/seller, and the SPE buys the assets in a true sale. The assets are now beyond the reach both of the creditors of the originator/seller and the originator/seller. Wholly owned subsidiaries are consolidated with the originator/seller for U.S. federal tax purposes, so this achieves the debt-for-tax objective. The second SPE is the issuer of the debt (or ABS) and is entirely independent of the originator/seller. It is a bankruptcy remote entity. The second SPE buys the assets of the first SPE as a true sale for accounting purposes and a financing for tax purposes.

Other venues are more problematic, and the regulations with respect to the local equivalent of the U.S. Bankruptcy Court's automatic stay procedures, accounting rules, and tax laws must be verified with experts who have local expertise.

For example, two entities are required for Italian securitizations. The first entity can be onshore and purchases the assets. The onshore entity cannot issue bonds, or it will attract heavy Italian taxes. The second entity is offshore and the second vehicle issues the bonds.

France is in the process of changing their securitization rules, and future securitizations will be easier in that venue. Business should grow exponentially in 2005.

Synthetic securitizations do not get true sale treatment for accounting purposes, since no asset has been sold. This is true whether the vehicle is an SPE or a credit-linked note. The motive behind these structures is to reduce regulatory capital according to regulatory accounting principles. Funding is a non-consideration or a minor consideration. These are usually balance sheet deals for bank regulatory capital relief. Partial funding is feasible with a hybrid structure. A corollary motive is to get credit risk relief. These structures are especially popular with European banks that have cheap and abundant funding relative to U.S. banks.

Repackaging is another legitimate use of SPEs. U.S. banks often set up mutli-issuance vehicles (MIEs) in the Cayman's or other tax friendly venues. These are Qualifying Special Purpose Entities (QSPEs) for Financial Accounting Standards Board (FASB) purposes. By definition, they are off balance sheet, bankruptcy remote entities. The assets are put presumptively beyond the reach of the bank transferor's creditors through a true sale. Furthermore, the bank is not obligated to repurchase the transferred assets. Setting up the SPE in this way insulates the customers from the bank's credit risk, and ensures the assets don't re-emerge on the bank's balance sheet, even though the SPE may often purchase assets from the bank sponsor's books.

Accounting rules are always subject to change. FASB continually reviews the conditions to be imposed on active SPE assets through equity ownership, management agreements, or other means. They have regular meetings on SPEs, sale criteria, transfers of financial instruments, and modification of the definition of a QSPE.

The MIE issues notes that reference only the underlying collateral specific to each note (unlike the structure in which the collateral for all the EMTNs is a reference pool of assets). The noteholders do not have a claim to any other asset owned by the SPE. Each set of assets is funded separately with its own EMTN tranche combining the risk characteristics of the underlying assets and/or derivatives. The derivatives may be hedges or may actually be an underlying asset, such as a credit derivative.

In a typical vanilla repackaging, the SPE purchases assets. The assets are pre-funded from proceeds of an EMTN issued by the SPE and underwritten or sold by the bank arranger's (bank sponsor' s) capital markets group. The SPE pays the asset cash flows to the bank arrangers swap desk as one leg of a swap payment. The bank arranger provides the structured coupons due to the investors under the EMTN issue.

A diverse group of investors purchases EMTNs issued by an MIE: insurance company funds, independent funds, bank sponsored funds, corporations, insurance companies, commercial banks, merchant banks, investment banks, savings banks, regional banks, and US investors eligible to purchase 144A assets.

The MIE offers more competitive note issuance, because it can take advantage of a more advantageous funding cost relative to the bank's funding cost. From the investor's point of view, the SPE issued note is different from a credit-linked note issued by the bank sponsor, since the investor has no exposure to the bank sponsor (assuming that bank sponsor collateral is not used for synthetic repackagings). The note is securitized by collateral purchased by the SPE and frequently - but not always - selected by the investor.

III. Venue of the Special Purpose Entity

There is no easy answer to the question: "Where is the best place to set up an SPE?" It depends on the structured finance application among other considerations. SPEs are currently set up in a variety of tax friendly venues including Delaware (in the United States), New York, Luxembourg, the Netherlands, the Caymans, Ireland, Jersey, Guernsey, and Gibraltar.

While SPEs in the United States are often, but not always, set up as trusts for tax reasons, in non-U.S. venues, the special purpose corporation is a common structure. Venues can be chosen wherever an SPE structure is allowable, but as a rule, only tax friendly venues for the specific structured finance application are chosen.

While choice of venue usually revolves around tax issues, other considerations can be important. For example, many investors in Germany will buy notes issued by SPEs, but often require an OECD issuer. Therefore, the SPE must be set up in an OECD country. Among the OECD countries, the Netherlands, Luxembourg, and Ireland are currently the most commonly used tax-friendly venues.

In tax terms, we want the SPE to pay zero tax on payments flowing in and flowing out. We want to avoid corporate income tax at the venue of the SPE and the bank sponsor. There are two withholding tax issues: 1) withholding tax at the source, the venue of the incorporation of the SPE, on EMTNs issued by the SPEs; and 2) withholding tax imposed on the underlying assets purchased by the SPEs by the country in which the assets were originated. The goal is that neither interest nor dividends paid by the SPEs is subject to withholding tax, so an ideal venue does not impose this tax.

If we choose a venue such as the Cayman Islands that does not have tax treaties in place with most jurisdictions, there is no mechanism for reclaiming tax withheld (if any) on the underlying asset income from the country of origination. The SPE will purchase assets that are not subject to withholding at the country of the assets' origination so that investors will not suffer a reduced return.

If instead we choose a venue with tax treaties in place, assets that suffer withholding tax may specifically be chosen so the withholding tax can be reclaimed. This is a legitimate use of an SPE. Tax evasion is illegal; tax avoidance is legal.

We do not want to suffer tax on the SPEs income. In Europe, we also want to avoid value added tax (VAT) and stamp duties. The goal is to have zero tax leakage, if possible. Venues such as the Caymans, Jersey, and Guernsey offer this advantage, but may not enjoy ready investor acceptability.

Other venues such as the Netherlands, Luxembourg, and Ireland, also offer several tax advantages. There is no withholding tax on note interest. There is no stamp duty. There may be a very small value added tax (VAT) on servicing and administration for the SPE. There is no withholding tax on deposits. Among these three venues, there are other considerations that may affect the final choice, however. The Netherlands seems to take several weeks longer to provide tax rulings for SPEs compared to Ireland and Luxembourg. In the Netherlands, there seems to be a turf war between Amsterdam versus Rotterdam, and most SPEs are set up in Amsterdam. For speed, one might choose Ireland or Luxembourg. In Ireland, the SPE must fit within the Irish tax securitization code. This may drive up the cost slightly relative to Luxembourg. U.K. based deal arrangers might find it more convenient to deal with Ireland, since Ireland uses an English law based system. Lately, Ireland has been the fastest of the three venues in actual set-up time; usually two to three weeks once the paperwork is in order.

IV. Flexibility and Regulation

The flexibility and privacy of offshore SPEs in particular makes them very powerful financial tools for legitimate securitizations, but also makes them attractive tools for illegal financial dealings. The key issue seems to be disclosure of the true ownership of the SPE. Legitimate businesses voluntarily disclose minority ownership interests in offshore SPEs as equity on their balance sheet. Offshore subsidiaries are also disclosed.

While SPEs are ideal for securitizing assets, they are also ideal for hiding assets. Many offshore venues do not divulge ownership of SPEs, and to complicate matters, the owner may be one or more SPEs in different venues. There is no easy answer to this dilemma, since any legitimate means can be exploited for illegitimate gain.

The overall issue, however, is how do regulators wish to react to any illegal financial activity, including the abuse of SPEs. What is the best course of action for entities such as the International Monetary Fund that are in a position to distribute funds? One could suggest that each country must introduce rule of law and financial accountability before debt is forgiven or before new funds are lent. Even in strong financial venues like the United States, it is difficult to curtail abuse. In disadvantaged countries, especially venues in which corruption is suspected, it may be even more difficult to curtail financial abuse, and the issues are more difficult. There are broader humanitarian issues such as the effect of withholding funds on the general population and whether funds provided aren't diverted to special interests instead of employed as intended.

References

Tavakoli, Janet M. Collateralized Debt Obligations & Structured Finance: New Developments in Cash and Synthetic Securitization, John Wiley & Sons, August, 2003. Adapted and condensed from Chapters 3 and 8.

Janet Tavakoli (jt@tavakolistructuredfinance.com) President Tavakoli Structured Finance, Inc. 360 E. Randolph St. Apt. 3007 Chicago, IL 60601 Phone : 312-540-0243

Tavakoli Structured Finance, Inc. http://www.tavakolistructuredfinance.com/

Order Collateralized Debt Obligations & Structured Finance http://www.tavakolistructuredfinance.com/books

Korea Advised Not to Wield Sword of Tax Audit

By Kim Jae-kyoung Staff Reporter

Of late, foreign businessmen and experts here are on edge as the government has redefined the role of foreign capital in a move to thwart any attempt to take home huge gains by bypassing local rules.

The government, financial regulators and tax authorities have cooperated to strengthen regulation and supervision of foreign funds suspected of reaping huge gains through irregular deals.

What makes foreign investors most uneasy is the National Tax Service (NTS)'s broad audits against foreign funds. In April alone, the NTS raided a group of foreign funds twice to check for possible tax evasion and unfair gains.

Foreign businessmen and experts have expressed special concerns that the sudden tax investigation against foreign funds could scare away foreign investors doing business in Korea, risking the nation's financial hub vision.

They stress that since this is not an issue that is limited to Korea, the Korean government should not use tax audits as weapon against foreign funds.

One of the more vocal foreign experts against the recent series of tax audits against foreign funds is Market Force Company CEO James Rooney.

``Korea is already notorious for using tax audits as weapons against any private sector activities that bureaucrats find they cannot control by other means,'' Rooney told The Korea Times.

``And even when there is no basis for the tax audit, the tax authorities will typically try to find some minor issue that the targeted companies decide to agree with just to get a peaceful resolution,'' he added.

Rooney added that these audits create a huge management distraction, are costly, and scare people and businesses away from doing business in Korea.

Foreign experts suggest that the nation learn from empirical evidence of foreign countries, such as Canada and Britain, which clearly indicate that foreign investment will, in net, generate a positive outcome despite the potential loss of tax revenue.

In an interview with The Korea Times, Institute for International Economics (IIE) senior economist Monty Graham said that a recent analysis of the effects of tax havens on taxes paid by foreign firms to the Government of Canada showed that tax audits to increase tax revenues are counterproductive.

According to the analysis by conducted by C.D. Howe Institute in Canada, Canada suffered from reduced tax revenues as a result of tax havens, especially those located in the Caribbean and Ireland, but this was partly a result of tax rates on corporate income and capital gains that are quite high in Canada that give incentives to firms to seek and use tax haven provisions.

This analysis concluded that efforts to recover the ``lost'' tax revenue by special measures passed by the Canada Parliament were likely to be counterproductive because the effect would be to drive foreign investors out of Canada and perhaps some domestic Canadian firms as well.

Graham, well-versed in the Korean economy and financial market, pointed out that the Korean government should acknowledge that lost revenue due to tax haven countries is a problem that almost all prosperous countries face, not just Korea.

``This issue is very new to Korea and thus generates a lot of attention, but it is a problem that arises in many places, for example in the U.S.,'' he said. ``There are complaints that foreign firms do not pay their share of U.S. taxes.''

``Koreans should see the problem in this context, and moreover, my impression is that other countries, including the U.S. and Canada, that face this issue have all concluded that the benefit of foreign investment is more important than the potential loss of tax revenue,'' he said.

Foreign players also said that it is important to remember that the basic premise of investment fund structure is for the fund vehicle to operate tax-free.

Under the premise, the taxation instead occurs at the level of the underlying investors or owners in the shares of the investment fund, which is true for Korean investment fund vehicles as well as foreign fund vehicles.

So the taxation occurs at the ultimate source of the capital, which is typically an individual or taxable entity that has put up the capital that has been at risk in the investment. And these taxes are normally levied in the investor's local jurisdiction when the investor's money is returned to him in cash.

Former AMCHAM chairman Jeffrey Jones said that although the mood about the public sentiment on reaping huge gains without paying any taxes is understandable, it is important to remember that Korea, just like every other advanced country, has a number of double tax treaties with many countries.

``Under these double tax treaties, capital gains on the sale of shares are not taxed, and the same is true with respect to Korean investments in the U.S.,'' he said.

``Korean companies and investors are beginning to discover that they can invest in companies in the U.S. and when they make gains, they are not required to pay taxes in the U.S. and instead pay taxes in Korea,???? he added.

He pointed out that the same is true of funds such as Newbridge and Lone Star, noting that they will not pay taxes in Korea, but the investors in the funds who made the gain will pay taxes in their home countries.

Most importantly, foreign experts emphasized that legitimate tax audits against foreign funds are necessary, but it should be remembered that actions should be taken in a transparent and orderly way, not fueled by political reasons.

``It is legitimate for governments to ensure compliance with such (taxation) rules, and if this happens in a transparent and orderly way, it will only improve the long term attractiveness of the country to foreign investors,???? HanaAllianz Investment CEO Eugen Loeffler told The Korea Times.

``In order not to deter investors, governments should ensure that normal administrative processes are met, ad hoc and hasty actions are avoided and all government bodies act in a concerted and coordinated way,'' he added. ``It is very important as well to avoid the impression that actions taken are motivated by political reasons or ongoing public debates.''

Rooney, who is also vice chairman of the Seoul Financial Forum, sees the government??s tax audits against foreign funds as its resistance to change.

``The government's reluctance to change is the single biggest problem that Korea faces today, and will prevent the nation from reaching its bright and exciting future unless it is overcome soon,'' he said.

He said that Korea is facing a similar challenge and a similar opportunity that Britain experienced in the 1980s before the Big Bang. He suggested that Korea benchmark for Britain that has been able to emerge as the leading international financial center in the world by finally overcoming the stubborn internal resistance to change at that time.

The tax authorities' full-fledged tax audits against foreign funds came after Lone Star, Newbridge Capital, The Carlyle Group and other foreign funds were the subject of controversy for using legal loopholes to avoid paying taxes on capital gains.

The Carlyle Group and Newbridge did not pay a penny in taxes on their capital gains of 700 billion won and 1.15 trillion won, respectively, after selling Korean banks under their control, while Lone Star avoided being taxed on capital gains of 260 billion won after selling the Star Tower building in Seoul.

Recently, the NTS also looked into two foreign tobacco manufacturers, Philip Morris and JT International (JTI). Philip Morris was investigated from April to July last year and JTI from last December to early this year.

kjk@koreatimes.co.kr

04-27-2005 18:24

The Coming Collapse of the Dollar

"Or - the most intriguing speculation, in our opinion - was a deal struck between the US and Chinese governments, in which the US would keep a lid on gold's exchange rate while China did the same for silver?"

"Gold is money, fiat currencies are not, and the difference will become increasingly apparent in coming years."

"We support a return to an objective standard of value independent of government interference as the only logical way for the coming mess to be resolved. This is also a moral imperative, because sound money is, after all, an ethical as well as economic issue. Our currency is the promise we make to ourselves, our children, and our trading partners that our word is and will be good, that the value we receive today will be repaid with equal value in the future. And in all of human history, only gold has been able to fulfill this promise."

- James Turk & John Rubino, The Coming Collapse of the Dollar and How to Profit from It: Make a Fortune by Investing in Gold and Other Hard Assets, December 2004

There's a very interesting book that hit the USA market at the end of December 2004. It has excellent advice for anyone interested in the free market money industry. Excerpted above are several of the quotes that caught our attention.

The fact that China's central bank still has substanital reserves of silver to dump on the market while the Federal Reserve and USA at least pretend to have substantial reserves of gold to dump is an interesting connection. We've not seen it elsewhere in print.

The quote about gold being money and fiat currencies not is quite apt. The major thrust of the book is captured by this one sentence.

Of course, mainstream political and economic reporters and leaders don't agree that the dollar is about to collapse. According to Turk & Rubino, they say things are stable now for two reasons: they hardly ever recognize a trend reversal before it blows up in their faces, and they suffer under several misconceptions. Here at The Indomitus Report we think there's a third reason not fully examined in The Coming Collapse. We suspect there's a preference not to be forthcoming with the facts about which many of these political and economic leaders are familiar. One cannot lead lambs to the slaughter if one frightens the lambs away from the abattoir.

What misconceptions? The ideas that debt doesn't matter, that governments can be trusted (to manage a country's currency), that the USA economy operates independently of foreign exchange markets, and that gold is a relic with no role in a "modern" economy. Of course, these are misconceptions, and their opposites are reasons why the dollar is about to collapse.

It should be clear at this point that the nature of the collapse is not deflation. Rather, Turk & Rubino expect an inflationary death spiral, perhaps as early as 2006. Keep in mimd our examination of the Yugoslavian five quadrillion percent inflation as an example of what such a death spiral looks like.

Will the dollar collapse? The case made in The Coming Collapse is quite thorough. Debt levels are at an unmanageable high level. Consumer debt, mortgage debt, corporate debt, federal debt, unfunded federal mandates, federal obligations to the coming tidal wave of retirees, and the trade deficit are discussed. But the really terse explanation shows up on page four of their book.

"All great societies pass this way eventually, running up unsustainable debts and printing (or minting) currency in an increasingly desperate attempt to maintain the illusion of prosperity. ... Either they simply collapse under the weight of their accumulated debt, as did the US and Europe in the 1930s, or they keep running the printing presses until their currencies become worthless and their economies fall into chaos.

This time around, governments the world over have clearly chosen the second option. They're cutting interest rates, boosting spending, and encouraging the use of modern financial engineering techniques to create a tidal wave of credit. And history teaches that, once in motion, this process leads to an inevitable result: Fiat (i.e., government-controlled currencies will become ever less valuable, until most of us just give up on them altogether.

Naturally, as a result of this anticipated dollar collapse, other fiat currencies would likely inflate at the same time, and suffer similar, if slightly later, fates. Yet, for all this soothsaying about doom, the authors are quite optimistic. They believe that, among other things, digital gold will be embraced by merchants and consumers, creating a power shift of tremendous proportions.

There's a lot to like about this book. We don't agree with the traditional line that gold confiscation won't touch pre-1933 gold coins, and that the premium for such coins, even in non-numismatic quality, is a sort of insurance against confiscation. Since governments cannot ever be trusted, they certainly cannot be trusted not to seize wealth in whatever form they find it. On the other hand, we do agree completely that digital gold offers useful offshore storage, a diversification of vaulting services, wholesale pricing of storage, and low transaction fees. Unfortunately, the opportunity to discuss the many legitimate players in this market such as e-Bullion, the Liberty Dollar, and Pecunix was missed.

Instead, industry founder e-gold is mentioned along with industry leader in terms of gold in storage, GoldMoney. The treatment of e-gold focuses on the failure of Standard Reserve and the fraud conviction of one of Gold & Silver Reserve's largest shareholders. JP May's alternative explanation for the plateau of e-gold bars in inventory is not included. Of course, the recent surge in e-gold bars is an event after the book was in print.

The book's treatment of GoldMoney was also far too circumspect and even modest to a fault. There's no mention of the many active uses for GoldMoney, except to suggest that some newsletters on the gold mining industry and related economic sectors are available in exchange. No mention is made of the prospect of paying dividends in gold, no mention is made of a major mining company (Durban Roodeport Deep) investing in GoldMoney, no mention is made of the user base or the quantity of gold in storage. These lacunae combine with the fact that diversification is the watchword for surviving the coming collapse but the divers gold and silver storage alternatives operated by the second oldest, third oldest, and fifth oldest major players in the market are not mentioned to suggest that the book is not as complete as it should be.

In the table below are the securities which were recommended by the Turk & Rubino duo at the end of December 2004. Assuming you bought their book when it first became available after Christmas 2004, the table below reflects the current value of their suggested investments. In each case where a 28 December 2004 closing price was not available, we grabbed 29 December 2004

[table deleted -- see web page]

A few thoughts: Yahoo Finance disappoints on the prices of treasury funds. These are shown as Yahoo reports them, without any historical data. Norilsk Nickel seems to have changed its symbol. In the interest of getting this report out on time, we skipped a symbol lookup and any search on treasury fund prices. (These are left as an exercise for the reader.) You can see that the price of gold is down, which is not consistent with the timing Messrs. Turk and Rubino suggest for their stock picks.

Palladium is the only metal up since their suggestions. Few of the stocks they suggest for long positions have done well, with the notable exception of Impala Platinum. On the other hand, these are stocks which are supposed to do well in a dollar collapse, which hasn't yet been fulfilled.

On the plus side of the ledger, their recommended short positions are all down, except Providian which is trivially up. We used the green ink to show negative numbers for short positions, since in this case down is good. Berkshire Hathaway is the most impressive short in dollars, but is only off 4%. Fannie Mae is off 22%. These successful short calls, especially in finance and home building, suggest that there is something to the dollar collapse expectation.

Also on the plus side, the bear funds have done pretty well, with the exception of one of the two Comstock suggestions. The best performer on the whole rack is the Leuthold Grizzly Short, up 10%.

We'll not be following all these stocks, since they aren't our picks. However, we'll revisit this table again next year sometime to see how the dollar collapse is going, and how the resource stocks are faring.

On the whole, The Coming Collapse is a nice, brief book at some 200 pages. It has a pleasant dust jacket and a nice hard cover, with appropriate gold foil on the inner spine. There were more than $25 of insights and unique thoughts, and plenty more than $25 of upside in the suggested short positions. When precious metal prices recover, the long stock picks should be good, as well.

James Davidson, 4/27/05

Feds rethinking RFID Passport

Following criticism from computer security professionals and civil libertarians about the privacy risks posed by new RFID passports the government plans to begin issuing, a State Department official said his office is reconsidering a privacy solution it rejected earlier that would help protect passport holders' data.

The solution would require an RFID reader to provide a key or password before it could read data embedded on an RFID passport's chip. It would also encrypt data as it's transmitted from the chip to a reader so that no one could read the data if they intercepted it in transit.

Frank Moss, deputy assistant secretary for passport services, told Wired News on Monday that the government was "taking a very serious look" at the privacy solution in light of the 2,400-plus comments the department received about the e-passport rule and concerns expressed last week in Seattle by participants at the Computers, Freedom and Privacy conference. Moss said recent work on the passports conducted with the National Institute of Standards and Technology had also led him to rethink the issue. "Basically what changed my mind was a recognition that the (reading distance) may have actually been able to be more than 10 centimeters, and also recognition that we had to do everything possible to protect the security of people," Moss said.

Reading distance refers to the distance from which an RFID chip can be read. The new RFID passports, or e-passports, were designed with a contactless chip in the back cover, which allows officials to read electronic data on a passport from a distance, using an electronic reader. The distance depends on the design of the chip and the reader.

The government had long maintained that the passport chips to be used could be read from only 10 cm away. But at least one test showed that a reader could read a passport chip from 30 feet away. And Barry Steinhardt, director of the Technology and Liberty Program for the American Civil Liberties Union, demonstrated a chip being read from two to three feet away at the Computers, Freedom and Privacy conference last week.

Because the government had decided not to encrypt data contained on passport chips, the chips exposed passport holders to privacy risks, such as skimming and eavesdropping.

Skimming occurs when an intruder with a reading device in the vicinity of the passport holder surreptitiously reads the electronic information on the chip without the passport holder knowing. Eavesdropping occurs when an intruder intercepts data as it's being transmitted from the chip to an authorized reader.

It turns out, however, that a solution to prevent skimming and eavesdropping was actually proposed a while ago, but U.S. officials rejected it.

The International Civil Aviation Organization, which created the international specifications for countries adopting RFID passports, designed specifications for a process called Basic Access Control.

Basic Access Control, or BAC, works this way: The data on a passport would be stored on an RFID chip in the passport's back folder, but the data would be locked and unavailable to any reader that doesn't know a secret key or password to unlock the data. To obtain the key, a passport officer would need to physically scan the machine-readable text that's printed on the passport page beneath the photo (this usually includes date of birth, passport number and expiration date). The reader would then hash the data to create a unique key that could be used to authenticate the reader and unlock the data on the RFID chip.

Basic Access Control prevents skimming because it doesn't allow remote readers to access data on the passport without the passport being physically opened and scanned through a reader. It also prevents eavesdropping since it would encrypt the communication channel that opens when the data is sent from the chip to the reader.

Moss said the solution was originally rejected because the United States never planned to include more data on the RFID chip than what could be easily read simply by looking at the passport. That being the case, they believed that anti-skimming technology, such as metal fibers in the passport cover, would prevent anyone from surreptitiously reading a passport as long as it was closed.

"We originally thought that the chip could not be read at a distance of more than 10 cm (when the passport was open)," Moss said. "We now find that perhaps there are some more serious threats in the area of read ranges.... The use of BAC now gives you additional protection when the book is actually open."

Moss said the German government and other members of the European Union had embraced BAC because they planned to write more data to the chip than just the written data that appears on the passport photo page. Many countries plan to include at least two fingerprints, digitized, in their passport chips.

Several vendors have already built and tested readers that function with BAC. A report of the tests reveals that the method actually works, although it takes twice as long to read a passport using BAC than a passport that doesn't use BAC.

"(The results) are mixed, quite honestly, and that's one of the issues we're still working through," Moss said. "Part of the problem is that the BAC technology ... is not quite as mature right now with some of the other technologies. That's one of the other reasons we've had some trepidation about taking this step, but we're increasingly convinced that it's the right way to go, that the technology is getting there."

Moss said there would be meetings next week in Ottawa and in Lyon, France, later in May to iron out some issues regarding the international standards for BAC. Moss said his department would need to determine what impact, if any, BAC might have on the production schedule of passports to determine whether the government's planned rollout of the passports would still occur on time.

There are some minor flaws with BAC, which are detailed in a paper , written by Ari Juels of RSA Technologies; David Wagner, professor of computer science at the University of California at Berkeley; and UC Berkeley graduate student David Molnar.

"The bottom line is that BAC isn't perfect, but it's better than what we have now," Molnar said.

The ACLU's Barry Steinhardt was cautious about praising the State Department's move.

"It's an improvement over the current proposal," Steinhardt said. "It sounds at least as if they're beginning to be concerned that there are security concerns with the current proposal. Whether they've really fixed them we'll have to wait and look at the specifications. But I don't understand why it's necessary to have an RFID chip at all in light of these security concerns. There are other technologies that are more proven that are available."

But cryptographer Phil Zimmermann , who created Pretty Good Privacy, the popular, free e-mail encryption and authentication program, thinks BAC is the way to go if the government plans to use RFID. In fact, Zimmermann proposed a plan to Moss at the Computers, Freedom and Privacy conference that mirrored Basic Access Control, although he didn't know at the time that the government had already considered such a plan.

"The State Department would be able to end the threat of skimming and eavesdropping by using Basic Access Control," Zimmermann said. "It's obviously the right thing to do."

© Copyright 2005, Lycos, Inc. All Rights Reserved.

Time to see the complete picture

RHONA IRVING

THE amount of tax paid by large businesses, and the tax planning steps taken by those businesses is coming under increasing scrutiny and public debate. Despite this, there is little information in the public domain as to how much tax companies actually pay. There are also polarised views on this matter.

On the one hand, concerns have been expressed that large businesses are not making an adequate contribution to public finances. The suggestion is that some tax planning, although legal, is "morally" unacceptable and that other taxpayers, including individuals, are having to pay more to compensate.

On the other hand, a recent PricewaterhouseCoopers (PwC) survey of the heads of tax of large companies, found that 99 per cent of respondents felt there was insufficient understanding among investors, employees and stakeholders about the company's economic contribution through taxes. Business groups have also mounted campaigns designed to highlight the perceived threat to their competitiveness posed by, what they see as, a rising burden of business taxes. For example, a recent Confederation of British Industry report argued that:

* UK business taxes are no longer a source of competitive advantage when compared to other (developed) countries;

* The business tax burden has risen significantly since 1995;

* The increasing complexity of the UK tax system has added to the regulatory burden currently facing firms.

A contributory factor to these conflicting points of view may well be the lack of transparency about the taxes paid by companies. Businesses are subject to an array of different taxes on their profits - in the UK alone, businesses can be concerned with up to 20 taxes, duties and other payments to the government, including customs duties, VAT, stamp duty, business rates, climate change levy, air passenger duty and others.

For some of these, the business acts as a collector on behalf of the government, incurring related administrative costs, forming part of a wider economic impact. Many are, however, directly borne by the company. The only public information on taxes is usually information on corporate taxes - this does not tell the whole story.

So, just how much of a tax contribution are the UK's larger businesses making towards the economy?

Corporation tax contributes around 2.5 per cent of gross domestic product (GDP) in the UK. But add in employers' National Insurance Contributions and the other taxes borne by business and it reaches about 10 per cent of GDP.

The PwC survey asked its respondents to estimate the tax rate of their company based on total business taxes paid on a percentage of profits (before these taxes) - 57 per cent estimated a tax rate in excess of 40 per cent and 30 per cent estimated a tax rate above 50 per cent, considerably in excess of the standard 30 per cent corporation tax rate on profits. Why should there be such an apparent disparity as to the level of contribution made by large businesses to the economy?

An explanation may well be the lack of public information available concerning the level of business taxation paid by large businesses. As already noted, the annual accounts of businesses do not currently disclose this information in full.

Of the companies surveyed, 14 per cent provide information on the main taxes paid in their corporate responsibility or sustainability reports. These reports allow businesses to publicly disclose their economic, environmental and social management and performance. Around a quarter of companies did provide information in some form.

However, 74 per cent of the respondents believed it would help to have greater visibility around business taxes paid by the company.

When questioned, the need to demonstrate corporate responsibility emerges as a significant driver for greater transparency. There are costs and risks associated with this - not least commercial sensitivity and administration - but there are also potentially significant reputational benefits to be gained for the businesses concerned.

Looking forward, it is likely that there will be an increasing demand for businesses to disclose their tax policies, combined with continued attention on corporate tax planning. This may lead to businesses looking at how to report the total tax contribution they make to the economy, across all taxes. Perhaps this will lead to a fairer interpretation of the tax contribution that is being made by businesses.

Rona Irving is senior tax partner at PricewaterhouseCoopers

Spook in the nook: Your bank's watching every move

MANU JOSEPH

TIMES NEWS NETWORK[ TUESDAY, APRIL 26, 2005 12:47:47 AM]

MUMBAI: The almost beautiful customer-relations executive of the private bank will continue to deliver the airhostess smile, the indestructible teller at the nationalised bank will continue to gaze without affection, everything will appear normal but beneath this surface, a new stealthy system is emerging.

A system that will look at you with varying degrees of suspicion depending on which city you are based in, your family background, profession, periodicity of deposits and withdrawals, and much more.

At the heart of this surveillance is a high-end software running on very complex algorithms that will monitor millions of transactions every day and quietly report anything that breaks an acceptable pattern. The bank will in turn pass on the information to the Reserve Bank of India.

The supposed war against money laundering, first made urgent by America's terror paranoia in '01, has finally come home. But does it make sense? Is customer privacy being comprised in a battle against a complicated underground economy that has never been won?

Transfer of earnings from illegal businesses like drug peddling and extortion into a seemingly legit front company is a broad definition of money laundering. Using legit money to fund terrorism or other such activities is often referred to as reverse money laundering. International auditors KPMG say the amount laundered every year globally has been variously estimated to be between $590bn and $1.5 trillion, roughly 2-5% of the global GDP.

There is poor data on how much money is laundered in India. A private survey of a top firm said in its report that the money laundered in this country could be up to 40% of the country's GDP, which some say is a clear case of confusing black money with laundered money.

A typical anti-money laundering (AML) software in a major bank will not just monitor millions of transactions every day. It will pull in any data available on customers and classify them into various risk groups.

"For example, small businessmen from cities like Patna or Ranchi will be categorised as high risk because those towns have a history of throwing up merchants whose dealings are suspect," according to Manish Jain of Hyderabad-based software company SDG that has installed its AML tool Bankalert in over a 100 branches of Vijaya Bank. It keeps a hawkish eye on 80% of customer accounts and monitors over 600 transactions a second, a speed that will increase to 6,000 to 12,000 transactions a second after the next upgrade. NGOs and religious organisations, according to an AML vendor, will also be closely watched by banks.

A good AML software builds models around the banking patterns of various organisations and professionals. "It will not just remember that a customer is an engineer and is 30 years old," says Hanuman Tripathy of Infrasoft, the most prominent among Indian AML vendors. "It will remember that his pay falls into his account on the fifth of every month. It will study the profiles of other engineers in the same age group and build a pattern based on common traits, like say, the monthly periodicity of salary. If another customer comes along, says he is a 30-year-old engineer and receives deposits every week, the software will raise what we call a Red Flag. He is suspect though he may turn out to be harmless."

The software will look carefully at huge surges in deposits or withdrawals and alert the bank. It will also track transactions of blacklisted individuals and report a customer's dealing with a select list of rogue nations. But, as its evident from the publication of these software features, a money launderer would know all about the different methods of tracking him. "In anti-money laundering seminars, a lot of launderers are right there in the audience because they want to know what's being done to catch them," according to Colin Lobo from KPMG.

That's why the software is complex and intelligent. "It thinks like a launderer," says Suheim Sheikh, MD of SDG. "One of the simple examples of its intelligence that I can divulge is the daily transaction limit of $10,000 in America. The software will search for transactions that appear to purposely fall just below $ 10,000."

AML software can monitor such high volumes that it is inevitable that almost all major customers will come into the scanner. But, by definition, most people are just regular people. The fear is that the war against money laundering may unleash an era of harassment just because the software could not fully comprehend the nuances of human banking behaviour. For example, a salaried man could find Rs 10 lakh deposited in his account.

The software would raise a Red Flag because the fortune is an anomaly in a pattern. But it might turn out that the reason behind the windfall was that the man had sold his house. "Yes, such issues are a matter of concern," Mr Sheikh says, "But as the software improves, it will get smarter and smarter."

While the RBI has asked Indian banks to put stringent AML measures in place by December this year, it has only mentioned the use of technology in passing. But, as Indian Banks Association chief executive HN Sinor says, "It's not possible to meet the compliance requirements without the use of technology." Though the RBI is clear in its instruction to the banks that customer privacy not be put at risk, the fear is that monitoring will only get more extensive.

"The prospect of banks and governments sharing customer information is an area that banks and consumers alike are very concerned about, across the world," says Neil Katkov, an analyst with Celent Communications. "It is not inconceivable that inter-regional AML systems and regulatory oversight will someday produce an international information-sharing system that keeps tabs on all customers and their bank accounts no matter where they reside. Not only money launderers, but a fair number of ordinary citizens as well would rather that governments and banks not have this kind of reach."

According to Nasscom, Indian banks are showing, "an increasing enthusiasm" for AML but it is not only the self-preserving fear for the RBI. "If Indian banks don't comply with AML measures," Mr Sinor says, "they will find it difficult to do business with American financial institutions."

AML may not have the celebrity status of Y2K but in the corridors of international banking, the software is riding on similar hysteria. Celent Communcations has estimated that between '05 and '08, America will spend about $14.7bn on the software. Europe and Asia are estimated to spend over $11.6bn in that period for the monitoring system that could cost anywhere between $500 and $1m, depending on quality, installation and scale.

©Bennett, Coleman and Co., Ltd. All rights reserved.