Monday 7 January 2013

More billions stolen from Zambia


More billions stolen from Zambia
BARELY a day after the Sunday Mail reported how the Zambian people have in the past lost, especially under the leadership of Rupiah Banda, more information has come to our attention showing more losses over the same period and beyond.
The latest report from the Washington-based Global Financial Integrity places Zambia’s losses at billions of dollars through the infamous transfer pricing the UK-based Guardian recently wrote about.
Sarah Freitas, an economist at the Washington-based organisation shows through a study that Zambia lost about US$8.8 billion between 2001 and 2010 due to multi-national companies, mostly mines, cheating their way out of remitting proper taxes, according to the Global Financial Integrity report.  
The report, which does not look at Zambia alone, describes illicit financial flows from developing countries as the proceeds of crime, corruption and tax evasion which keep eluding countries such as Zambia. 
Illicit financial flows are a type of capital flight and have been a persistent plague on the developing world for some time now. 
Our research finds that US$8.8 billion left Zambia in illicit financial flows between 2001 and 2010. Of that, US$4.9 billion can be attributed to trade misinvoicing, which is a type of trade fraud used by commercial importers and exporters around the world such as mining companies.
This is a very serious problem for Zambia even up to now, says the report. 
Zambia’s gross domestic product (GDP) was US$19.2 billion in 2011. Its per capita GDP was US$1,413 while government collected a total of US$4.3 billion in revenue only. 
“It [Zambia] can’t afford to be hemorrhaging illicit capital in such staggering amounts,” the report states.
In previous reports, the Washington-based organisation has proven that illicit financial flows drive the underground economy. 
This means that as criminals and tax evaders such as mining companies avoid law enforcement and move their money overseas, it becomes easier for them to operate in Zambia quite cheaply. 
The underground economy becomes bigger, which makes it even more difficult for the Zambian government to collect taxes. This in turn drives illicit financial flows further, completing the vicious feedback loop as Zambians starve despite being mineral-rich.
These illicit outflows come on top of tremendous outflows from legal corporate tax avoidance. US$2 billion is lost yearly to tax avoidance by multi-national corporations operating in Zambia, according to the Washington-based organisation citing Deputy Minister of Finance Miles Sampa. 
Most of this tax avoidance is due to abusive transfer pricing - which is a type of quasi-legal trade misinvoicing - in the mining sector. 
According to Mr Sampa, of all the major multi-nationals that export record amounts of copper and other metals out of Zambia, just “one or two” officially recorded a profit, and therefore pay no corporate tax. 
Mr Sampa discusses a new law to close corporate tax avoidance loopholes and perhaps raise an estimated US$1.5 billion per year as Zambia tries to cut its losses. 
Mr Sampa in an interview with the Washington-based organisation asks, “How many hospitals can that build? How many roads can that help us develop?”
The type of tax avoidance that Mr Sampa is referring to cannot be easily picked up because the activity is not explicitly illicit and because it occurs between two branches of a multi-national corporation, and therefore is not reflected in the International Monetary Fund direction of trade statistics used to calculate illicit financial flows.
Tax revenue loss from capital flight means less to spend on not only education and transportation infrastructure, but also on health, providing clean water and generally building up society. 
It means more money has to be borrowed from abroad and it strains aid budgets. If Zambia were to collect an extra US$2 billion per year in revenue from curtailing both illicit financial flows and legal tax avoidance, it could increase government’s budget by 46 percent.
But on top of the tax revenue lost, Zambians need Zambian wealth to stay in Zambia, says the report. 
When a mining company moves money out of the country instead of paying corporate tax on earnings, it drains much-needed capital from the economy. Money that stays in the country will provide a compounding boost to the Zambian economy every single year, as it will be invested in the private sector.
Zambia has the natural resource wealth to dig - literally and figuratively - its way out of poverty, but only if the West acts at the same time. Zambia cannot do this alone, adds the report. 
The extra money could be siphoned off to the offshore bank accounts of corrupt public officials, or companies could find new ways to legally pretend that their profits were made elsewhere. 
In Zambia, a constantly referred to case is that of the Glencore-owned Mopani Copper Mines that was accused of understating its profits while overstating its costs, an accusation its former chief executive officer Emmanuel Mutati denied during a BBC interview.
Others that have been placed on the spot for ‘avoiding’ tax are SABMiller-owned Zambian Breweries that have also denied the charge from Action Aid, a non-governmental organisation.
In September, President Sata announced measures to curb capital flight by receipting all mineral exports through the Bank of Zambia but up to now the step has remained on ice as the country continues to lose money it cannot afford to. - Global Financial IntegritY.

Swiss bank Wegelin to close after US tax evasion fine


Switzerland's oldest bank is to close permanently after pleading guilty in a New York court to helping Americans evade their taxes.
Wegelin, which was established in 1741, has also agreed to pay $57.8m (£36m; 44m euros) in fines to US authorities.
It said that once this was completed, it "will cease to operate as a bank".
The bank had admitted to allowing more than 100 American citizens to hide $1.2bn from the Internal Revenue Service for almost 10 years.
Wegelin, based in the small Swiss town of St Gallen, started in business 35 years before the US declaration of independence.
It becomes the first foreign bank to plead guilty to tax evasion charges in the US.
Other Swiss banks have in recent years moved to prevent US citizens from opening offshore accounts.

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Usually when you cave in to the USA, you do it because you just want to get rid of it”
Dr Peter V KunzProfessor of economic law, the University of Bern
US Attorney Preet Bharara said: "The bank wilfully and aggressively jumped in to fill a void that was left when other Swiss banks abandoned the practice due to pressure from US law enforcement."
He added that it was a "watershed moment in our efforts to hold to account both the individuals and the banks - wherever they may be in the world - who are engaging in unlawful conduct that deprives the US Treasury of billions of dollars of tax revenue".
Otto Bruderer, a managing partner at the bank, admitted that Wegelin had sheltered US clients from tax between 2002 and 2010, and said it was aware that its conduct had been "wrong".
Mr Burderer's further admission that assisting tax evasion was common practice in Switzerland has caused huge concern among the Swiss banking community, according to the BBC's Switzerland correspondent, Imogen Foulkes.
"Some Swiss financial analysts are already speculating that Wegelin's $58m fine, which many had expected to be higher, was kept low by the US authorities in return for Wegelin clearly implicating the rest of the Swiss banking community in tax evasion," she said.
Inevitable demise
Wegelin effectively ceased to function as a Swiss bank almost a year ago.
US criminal accusations against three of its executives prompted the bank to sell off its core Swiss and other non-US businesses in January 2011.
The rushed sale protected Wegelin's non-US clients from the fall-out of any legal battle, and reflected fears that few clients would want to continue doing business with a bank being pursued by the US anyway.
The businesses were bought by Raiffeisen Bank, Switzerland's co-operative bank, which has since severed the few business ties that it had with the US.
The sale left Wegelin responsible only for its American clients, including those at the centre of the US authorities' probe.

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Many believe the Swiss government is trying to square an impossible circle”
Wegelin as an institution was then itself indicted by US authorities in February last year, and later declared a fugitive from justice when the bank's executives failed to appear in a US court.
The bank had vowed to fight the charges, claiming that because it only had branches in Switzerland, it was bound only by its home country's relaxed banking laws.
Its decision to cave in, and wind down its one remaining business, has made the bank's demise inevitable.
"Usually when you cave in to the USA, you do it because you just want to get rid of it," said Dr Peter V Kunz, an economic law professor at the University of Bern.
Having sold off all its non-US businesses, Mr Kunz believes the bank's partners would have been keen to end a potentially interminable legal dispute with the US in order to recover as much of the sale proceeds as possible from what had in effect become a shell company.
The desire to end the legal battle would have been given added pique by the fact that Wegelin's partners have personal financial liability for the bank.
'Aggressively pursuing'
Jeffrey Neiman, a former US federal prosecutor who was involved in a previous investigation into Swiss banks, said: "It is unclear whether the bank was required to turn over American client names who held secret Swiss bank accounts.
"What is clear is that the Justice Department is aggressively pursuing foreign banks who have helped Americans commit overseas tax evasion."
It remains to be seen whether US authorities will continue with, or drop, parallel charges against three Wegelin bankers, Michael Berlinka, Urs Frei and Roger Keller.
The decision to throw in the towel also marks a turnaround for Konrad Hummler, Wegelin's managing director since 1991, and one of the partners whose own personal finances were potentially at stake.
Mr Hummler, who is also chairman of the Swiss daily newspaper Neuer Zuercher Zeitung, has previously been unusually outspoken among Swiss bankers in calling for the country's authorities to block any disclosure of banking client details to the US authorities.
The Wegelin case comes four years after a far larger Swiss bank, UBS, agreed to pay a $780m fine to US authorities related to tax evasion charges. UBS also agreed to reveal the details of US account holders.
However, UBS neither pleaded nor was found guilty. Instead it and US prosecutors came to what is called a deferred prosecution agreement, with the fine being paid in exchange for the charges being dropped.
Switzerland's other major bank, Credit Suisse - with over a trillion dollars in total assets and another trillion in clients' money - remains under investigation by the US authorities, as does another high profile bank, Julius Baer, which is about a fifth of the size of Credit Suisse, as well as 11 other mainly local, cantonal banks.http://www.bbc.co.uk/news/business-20907359