Shaxson: Mont Pelerin Society links to City of London & BoE "replace the
old empire"
Treasure Islands: Tax Havens and the Men Who Stole the
World
by Nicholas Shaxson - 2012
Newsletter published on 24 November 2014
"From the start, the Mont Pelerin
Society had strong links to the City
of London"
http://nationalcan.ning.com/group/natcan-book-group/forum/topics/treasure-islands-tax-havens-and-the-men-who-stole-the-world-by-ni
Treasure
Islands: Tax Havens and the Men who Stole the World
by Nicholas
Shaxton
* Posted by joe taylor on June 30, 2013 at 16:40 in Radical's
Digest
When his book was published in 2011, George Monbiot said it was
"Perhaps
the most important book published in the UK so far this
year"
Below are selected quotes from the book. Read through them and
you'll
get a grasp of why corruption is so widespread in the world we live
in.
Treasure Islands: Tax Havens and the Men who Stole the
World
by Nicholas Shaxson (2011)
Tax havens are the most important
single reason why poor people and poor
countries stay poor. They lie at the
very heart of the global economy,
with over half the world trade processed
through them. They have been
instrumental in nearly every major economic
event, in every big
financial scandal, and in every financial crisis since
the 1970s,
including the latest global economic downturn.
Without
understanding tax havens we will never properly understand the
economic
history of the modern world.
Nobody disagrees that Britain sits,
spider-like, at the centre of a vast
international web of tax havens,
hoovering up trillions of dollars'
worth of business and capital from around
the globe and funnelling it up
to the City of London.
Despite some
vigorous efforts, nobody has come close to overturning the
research or
analysis showing the sheer scale of the harm wreaked on the
world by these
elitist, criminal-infested libertarian paradises; these
silent battering
rams of tax-cutting and financial deregulation.
Who will resist this? So
far, there has been no grand political
re-alignment on the scale of what
happened after the Great Depression 80
years ago. The government is
embracing offshore, not fighting it.
Despite all that's happened since 2007,
we are as in thrall to the
bankers, and to the tax havens, as
ever.
To say something is good because it's hard to tackle is no argument
at
all: it's a reason to fight harder. If we surrender to hostile forces
without even a fight, what kind of people have we become?
Offshore
connects the criminal underworld with the financial elite, the
diplomatic
and intelligence establishments with multinational companies.
Offshore
drives conflict, shapes our perceptions, creates financial
instability and
delivers staggering rewards to les grands, to the people
who matter.
Offshore is how the world of power now works.
Over half of all banking
assets and a third of foreign direct investment
by multinational
corporations, are routed offshore. Some 85 per cent of
international banking
and bond issuance takes place in the so-called
Euromarket, a stateless
offshore zone that we shall soon explore. The
IMF estimated in 2010 that the
balance sheets of small island financial
centres alone added up to $18
trillion - a sum equivalent to about a
third of the world's GDP. And that,
it said, was probably an underestimate.
Nobody agrees what a tax haven
is. In truth, the term is a bit of a
misnomer, for these places don't just
offer an escape from tax; they
also provide secrecy, an escape from
financial regulation, and a chance
to shrug off laws and rules of other
jurisdictions, the countries where
most of the world lives.
Insulated
from domestic challenges and alternative viewpoints, these
places have come
to be steeped in a pervasive inverted morality, where
turning a blind eye to
crime and corruption has become accepted as best
business practice, and
alerting the forces of law and order to
wrongdoing has become the punishable
offence. Rugged individualism has
morphed into a disregard, even a contempt,
for democracy and for
societies at large.
Offshore is a project of
wealthy and powerful elites to help them take
the benefits from society
without paying for them.
The world contains about sixty secrecy
jurisdictions, divided roughly
into four groups. First are the European
havens. Second, comes a British
zone centred on the City of London, which
spans the world and is loosely
shaped around Britain's former empire. Third
is a zone of influence
focused on the United States. A fourth category holds
a few unclassified
oddities, like Somalia and Uruguay.
The second
offshore group, accounting for about half the world's secrecy
jurisdictions,
is the most important. It is a layered hub-and-spoke
array of tax havens
centred on the City of London. As we shall see it is
no coincidence that
London, once the capital of the greatest empire the
world has known, is the
centre of the most important part of the global
offshore system.
The
City's offshore network has three main layers. Two inner rings -
Britain's
Crown Dependencies of Jersey, Guernsey and the Isle of Man;
and its Overseas
Territories, such as the Cayman Islands - are
substantially controlled by
Britain, and combine futuristic offshore
finance with medieval politics. The
outer ring is a more diverse array
of havens, like Hong Kong, which are
outside Britain's direct control
but nevertheless have strong historical and
current links to the country
and the City of London. One authoritative
account estimates that this
British grouping overall accounts for well over
a third of all
international bank assets; add the City of London and the
total is
almost a half.
The offshore world is not a bunch of
independent states exercising their
sovereign rights to set their laws and
tax systems as they see fit. It
is a set of networks of influence controlled
by the world's major
powers, notably Britain and the United States. Each
network is deeply
interconnected with the others.
The world's most
important tax havens are not exotic palm-fringed
islands, as many people
suppose, but some of the world's most powerful
countries.
Inside this
ecosystem, each jurisdiction struggles constantly to stay
abreast of the
others. When one degrades its taxes or financial
regulations or hatches a
new secrecy facility to attract hot money from
elsewhere, others then
degrade theirs, to stay in the race.
As this has happened, supposedly
onshore jurisdictions have increasingly
taken on the characteristics of
offshore, and in the large economies tax
burdens are being shifted away from
mobile capital and corporations,
onto the shoulders of ordinary
folk.
When the billionaire Warren Buffett surveyed his office he found
that he
was paying the lowest tax rate among his office staff, including his
receptionist.
Recently, however, think tanks and non-governmental
groups have sought
to assess the scale of the problem. In 2005, the Tax
Justice Network
estimated that wealthy individuals hold perhaps $11.5
trillion worth of
wealth offshore. That is about a quarter of all global
wealth, and
equivalent to the entire gross national product of the United
States.
That much money in dollar bills, placed end to end, would stretch
2,300
times to the moon and back. The estimated $250 billion in taxes lost
on
just the income that money earns each year is two to three times the
size of the entire global aid budget to tackle poverty in developing
countries. But that just represents tax lost on money wealthy
individuals hold offshore. Add to that all the corporate trade
mispricing, and you start to get a handle on the size of illicit
financial flows across borders.
Aside from having created a gigantic
global hothouse for crime, the
global offshore system was one of the central
factors that helped
generate the latest financial and economic crisis since
2007.
First, they provided financial corporations with what the
accountant
Richard Murphy calls a 'get out of regulation free' card. This
escape
route from financial regulation helped financial firms grow
explosively,
achieving 'too-big-to-fail' status and gaining the power
capture the
political establishments in Washington and
London.
Second, as the secrecy jurisdictions degraded their own financial
regulations they acted as berserkers in the financial system, forcing
onshore jurisdictions to 'compete' with them in a beggar-thy-neighbour
race to towards ever laxer regulation.
Third, huge illicit
cross-border financial flows, much of it unmeasured
by conventional national
statistics, have created massive net flows into
deficit countries like the
US and Britain, adding to the more visible
global macroeconomic imbalances
that underpinned the crisis.
Fourth, offshore incentives encouraged
companies to borrow far too much
and helped them hide their
borrowings.
Fifth, as companies fragmented their financial affairs around
the
world's tax havens for reasons of tax, regulation or secrecy, this
created impenetrable complexity which, mixed with offshore secrecy,
foxed regulators and fed the mutual mistrust between market players that
worsened the financial and banking crisis.
Trust is a central
ingredient in any healthy economic system - and there
is nothing like the
offshore system to erode trust. It is no coincidence
that so many of the
great houses of financial trickery like Enron, or
the empire of the
fraudster Bernie Madoff, or Long Term Capital
Management, or Lehman
Brothers, or AIG, were so thoroughly entrenched
offshore.
Serial tax
avoiders are made knights of the realm; journalists seeking
guidance in this
complex terrain routinely turn to these very same
offshore cheerleaders for
their opinions. Bit by bit, offshore's
corrupted morality becomes accepted
into our societies.
By allowing the cream of society to escape, tax
havens undermine the
rules, systems and institutions that promote the public
good, and they
undermine our faith in those rules. They are corrupting
international
finance.
This fight needs an international perspective,
to build new forms of
international cooperation.
Wherever you live,
whoever you are or what you think - this affects you.
Offshore prevents
effective oversight of financial markets, makes crises
more likely and
enables rich insiders to shift all the risks and the
costs of bailouts onto
the working majority and away from the investing
minority. The efficiency
that boosters of the offshore system claim for
themselves is bogus. Capital
no longer flows to where it gets the best
return, but to where it can secure
the best tax subsidies, the deepest
secrecy, and to where it can best evade
the laws, rules and regulations
it does not like.
In a world of free
capital flows, if you try to lower interest rates to
boost struggling local
industries, say, capital will drain overseas in
search of higher returns.
Investors hold veto power over national
governments and the real lives of
millions of people are determined by
what the Indian economist Prabhat
Patnaik has called 'a bunch of
speculators'.
Dismantling capital
contols is one thing, but we have now taken a full
step again beyond that,
into a world where capital is not only free to
flow across borders, but is
actively and artificially encouraged to
move, lured by any number of
offshore attractions: secrecy, evasion of
prudential banking regulations,
zero taxes and so on.
Mainstream economics today embraces a simple theory
that goes something
like this. Poor countries lack capital and foreign
investment can fill
the gap, so it makes sense to free up capital, to let it
flow into these
capital-starved countries. This seems like a very good idea
on the face
of it, but what mainstream theory has failed seriously to
address is
that if you free up capital, money might not necessarily flow in;
it
might, instead, flow out.
The Marshall Plan set an ominous
precedent - American taxpayers would
foot the bill for policies that
delighted Wall Street and its clients.
What was presented as enlightened
self-interest was substantially a
racket, in the precise sense of a fraud,
facilitated by public
ignorance. As we shall soon see, the rackets have
multiplied ever since.
The quarter-century that followed from around
1949, in which Keynes'
ideas were widely implemented, is now known as the
golden age of
capitalism, an era of widespread, fast-rising and relatively
untroubled
prosperity.
In the 1980s, as capital controls were
progressively relaxed around the
world and as tax rates fell and the
offshore system really began to
flower, growth rates fell
sharply.
Average growth is one thing, but to get an idea of how well most
people
are doing, you need to look at inequality too. In the offshore era,
from
the mid-1970s onwards, inequality has exploded in country after
country.
According to the US Federal Bureau of Labor Statistics, the average
American non-supervisory worker actually earned a lower hourly wage in
2006, adjusted for inflation, than in 1970. Meanwhile, the pay of
American CEOs rose from under thirty times the average worker's wage to
almost 300 times.
Another study found that between 1940 and 1971,
roughly the time of the
golden age, developing countries suffered no banking
crises and only
sixteen currency crises; but in the quarter-century after
1973 there
were seventeen banking crises and fifty-seven currency crises -
not to
mention a cavalcade of other economic disasters.
The golden
age shows that it is quite possible for countries, and the
world economy, to
grow quickly and steadily while under the influence of
widespread and even
bureaucratic curbs on the flow of capital. China
today - which carefully and
bureaucratically restricts inward and
outward investment and other flows of
capital - is growing rapidly.
What has happened since the 1970s is not
simply a return to free
movement of capital, but financial liberalisation on
steroids: the
offshore system that tore financial controls apart from the
1970s
onwards has served both as an accelerator for flighty financial
capital,
and also as a distorting field, bending capital flows so that they
end
up not where they necessarily find the most productive investment, but
where they can find the greatest secrecy, the most lax regulations and
freedom from the rules of civilised society.
It is hard now to
imagine those days, an era when bankers fumed
impotently at politicians'
mighty powers. Those few years after the
Second World War were the only time
in several hundred years when
politicians had any kind of control over the
banking sector.
In April 1947 Albert Hunold, a senior Credit Suisse
official, brought
together thirty-six scholars at the pretty Swiss resort of
Mont Pèlerin
near Geneva to plan for a revival of liberalism (in modern
parlance,
neoliberalism) under the guidance of Friedrich Hayek, an Austrian
liberal economist who had published a best-selling polemic against
socialism and big government entitled The Road to Serfdom.
One of the
attendees was the American economist Milton Friedman, whose
subsequent work
inspired Margaret Thatcher and Ronald Reagan.
From the start, the Mont
Pelerin Society had strong links to the City
of London, via Sir Alfred
Suenson-Taylor, later Lord Grantchester,
chairman of a major insurance
company in the City of London and brother
of a British Conservative member
of parliament. Suenson-Taylor not only
provided a welcome link to a network
of wealthy anti-government City
financiers, but he also helped unlock Bank
of England funds to support
British delegations to the Mont Pelerin Society
meetings. To actively
support an overtly anti-government movement is a
curious role for a
central bank, but that was not the only peculiar thing
about it.
The Bank of England had been set up 250 years earlier as a club
of
wealthy City of London banks, and it was only in 1946, during
Keynesianism's brief dominance after the horrors of war and the Great
Depression, that the politicians had the political strength to
nationalise it. Even after nationalisation, however, the politicians
could not control it. The government could not dismiss the bank's
governor, and the Bank still kept its internal operations shrouded in
secrecy. To this day the bank has continued to draw top officials
directly from private financial services companies in the City of
London, in a constantly revolving door. A British Treasury paper in 1956
concluded that nationalisation did not represent 'any fundamental change
or break' with the past. Keynes had called the Bank of England 'a
private institution practically independent of any form of legal
control', and after nationalisation, it seems, not much changed. The
Bank of England has also remained a powerful lobbyist within the British
state, a sort of praetorian guard protecting the City of London and its
libertarian world view - and by extension the global offshore
system.
By 1965, an empire that had ruled over 700 million foreigners at
the end
of the Second World War had shrunk to a population of just five
million.
This is well known; but there is a financial side to this story
which
almost nobody knows about, for out of the dust and fire of Suez
something new emerged in London, which would eventually grow to replace
the old empire, and raise the City of London to even greater financial
glories.
This was the birth of what Ronen Palan, professor of
international
economy at Birmingham University, calls 'a regulatory vacuum,
which is
called the Euromarket, or the offshore financial market'. A British
bank, say, would keep two sets of books - one for its onshore
operations, where at least one party to the transaction was British, and
one for its offshore operations, where neither was British. In other
words, as Palan put it, 'the Euromarket might be considered as
essentially no more than a bookkeeping device.'
It was at this point
that the modern offshore system really began.
And, as is usual with so
much that happens in the offshore system,
almost nobody
noticed.
Modern histories of London's growth as a financial centre
typically
point to the Big Bang of 1986 - the sudden deregulation of
London's
markets driven by Prime Minister Margaret Thatcher - as the moment
when
London really took off. The Big Bang was important to be sure, but Tim
Congdon, perhaps one of the City of London's sharpest and most
experienced spokesmen, spotted the real story. 'The Big Bang,' he wrote
in the Spectator magazine 'is a sideshow to, indeed almost a by-product
of, a much Bigger Bang which has transformed international finance over
the last 25 years.
'An extraordinary situation has arisen,' he
continued, 'where the
Euromarket, which has no physical embodiment in an
exchange building or
even a widely recognised set of rules and regulations,
is the largest
source of capital in the world.' Gary Burn put it in a
different light.
The market's emergence, he said, was 'the first shot in the
neo-liberal
counter-revolution against the social market and the Keynesian
welfare
state'
The London loophole, in effect a new banking
technology, was the
invisible financial counterpart of the Mont Pelerin
Society's
ideological insurgency. While the ideology provided the enabling
environment, it was this new London market and its subsequent spin-offs
that ultimately forced through the liberalisation of the world economy,
whether the world's citizens liked it or not.
In fact, the formal
empire did not quite disappear; fourteen small
island states decided not to
seek independence, becoming British
Overseas Territories, with the Queen as
their head of state. Exactly
half of them - Anguilla, Bermuda, the British
Virgin Islands, the Cayman
Islands, Gibraltar, Montserrat and the Turks and
Caicos islands, are
secrecy jurisdictions, actively supported and managed
from Britain and
intimately linked with the City of London.
As the
Euromarket bonfire raged ever higher, capital began its assault
on the
citadels of power and the democratic nation state.
It is now so
all-enveloping that the Bank for International Settlements,
which oversees
global financial flows, has given up trying to measure
its size; it simply
bundles everything together into wider foreign
exchange markets.
Free
money for bankers and the representatives of the world's wealthy at
the
expense of everyone else is a basic leitmotif of the offshore system.
It
is hard to believe that money can be simply conjured out of thin air
like
this, but this is one of the most important things banks do. 'Money
creation
is a bizarre thing to ponder,' said the economist J. K.
Galbraith. 'The
process by which money is created is so simple that the
mind is repelled.'
This is the central mystery of banking: a bank can
'expand its balance
sheet' by extending credit to others. In the banking
world, money can be
created merely by the act of lending it - it is
money as debt.
There
has been huge controversy for decades about how much the
Euromarket has
really contributed to expanding the amount of money
sloshing around in the
world, boosting risk and building an
unsustainable pyramid of increasingly
wobbly debt. Since the one
institution that could have measured this market
- the Bank for
International Settlements - has stopped measuring it, it is
hard to come
to any solid conclusions about how it has, for example,
contributed to
the latest financial crisis and the explosion of debt
globally. Yet some
things seem fairly clear. If you create an enormous arena
for generating
unregulated new credit, these markets will expand to displace
better-controlled banking operations, and demand will rise to meet
potential supply. Credit will start expanding into places where it
wasn't previously able to, and often to where it really shouldn't
be.
Euromarkets, in other words, made it possible for credit quality to
deteriorate out of sight of the regulators.
Even in 1975, years after
people started raising concerns, a US
congressional committee report
expressed amazement at how this new
market had stayed so far beneath the
political radar. These concerns
would be echoed a generation later by the
Bank for International
Settlements in June 2008, as financial panic spread
around the globe.
'How could a huge shadow banking system emerge,' it asked
forlornly,
'without provoking clear statements of official concern?' It
turns out,
as we shall see, that the offshore Euromarkets are to a large
degree the
enabling environment for this shadow banking system: the deep and
unregulated financial sea populated by all the big, dangerous sharks of
the latest economic crisis - the bizarre structured investment vehicles,
conduits and their like that recently caused so much grief.
It was
not only American politicians who failed to see through this
carefully
constructed veil of secrecy and obfuscation. Bank of England
letters reveal
in bold colours the central role it played in keeping the
rise of offshore
off the political agenda.
As Gary Burn put it, the Bank of England
'guarded its control over the
British banking system from other state
institutions, especially the
Treasury, only then to delegate much of this
authority, in turn, via
"representative associations", to the City's
banks.'
Who in Britain questioned this kind of arrangement seriously and
got a
proper hearing?
The Euromarkets were not the fruit of an
original master plan but
instead grew under their own internal logic,
rapidly becoming an
unstoppable force in the global economy. But from the
1960s they also
grew hand in hand with a second, more deliberately
constructed
counterpart: a London-centred web of half-British territories
scattered
around the world that would catch financial business from nearby
jurisdictions by offering lightly taxed, lightly regulated and secretive
bolt holes for money. Criminal and other money could be handled by the
City of London, yet far enough from London to minimise any
stink.
Just as the Bank of England had officially tolerated but quietly
encouraged the growth of the offshore Eurodollar market from 1955, so
Britain adopted a policy of official tolerance and quiet encouragement
towards its new secret empire.
In 1976 the Caymans' offshore industry
got a new and unexpected fillip.
It started when Anthony Field, the managing
director of Castle Bank &
Trust (Cayman) Ltd, was served with a subpoena
on arriving at Miami
airport, on suspicion that his bank was facilitating
tax evasion by
American citizens. The US authorities wanted him to testify
before a
grand jury, but he refused. In response, the Cayman Islands drafted
the
infamous Confidential Relationships (Preservation) Law, which makes it a
crime punishable by prison to reveal financial or banking arrangements
in Cayman. You can go to jail not only for revealing information, but
just for asking for it. It was a giant, fist-pumping Fuck You aimed
squarely at American law enforcement - and became a cornerstone of
Cayman's success. Cayman offshore practitioners remember cash literally
flying in on private aircraft. Chris Johnson, an accountant, remembered
in an interview in 2009 how people would arrive with large amounts of
money in suitcases and get a police escort to the bank if they requested
it. Britain did nothing.
Company law statutes in the Cayman Islands
come from English law as far
back as 1862 - with certain democratic
provisions removed - one of which
means that frequently the directors of
hedge funds or mutual funds are
indemnified from litigation. 'So you can't
be sued for negligence.
Suppose I'm liquidating a fund and $200 million is
gone. Why shouldn't I
be able to sue them? The directors are steering the
ship, but when it
sinks they can't be sued.'
But these havens levy no
tax on those profits. To this day, accounting
standards effectively hide
this kind of trickery, letting companies
shovel results from different
countries into a single category (often
called simply 'international') which
cannot be unpicked to work out who
takes what profit where. 'Only the
immense political power of these
extractive sectors,' said Hudson, 'could
have induced their governments
to remain so passive in the face of the
fiscal drain.'
Sometimes, corporations can bring this offshore money back
through
loopholes or amnesties: in 2004 George W. Bush's administration
offered
his corporate friends a chance to repatriate profits and pay just
five
per cent tax rate instead of the normal 35 per cent. Over $360 billion
whooshed back to the US, much of which went into share buybacks,
boosting executive bonuses. 'There is no evidence,' said the non-profit
research organisation Citizens for Tax Justice, 'that the amnesty added
a single job to the US economy.'
Monetarist theories of tackling
economic problems by focusing on the
money supply were coming into vogue
just as the Euromarkets, lacking
regulation and official checks on banks'
abilities to create money out
of thin air, were starting to disrupt the
Fed's efforts to control that
very money supply. Volcker called for a new
cooperative international
framework through the Bank for International
Settlements in Switzerland,
to get other countries to clamp down on
uncontrolled money creation in
the offshore system. But New York bankers, in
alliance with the Bank of
England and the Swiss National Bank, killed the
initiative.
The Carter administration decided to commission a major
survey of
secrecy jurisdictions, the first really serious challenge to the
havens
in world history. The Gordon Report, as it was called, condemned tax
havenry as a situation that 'attracts criminals and is abusive to other
countries' and called on America to lead the world in a crackdown.
Published a week before Ronald Reagan was inaugurated in 1981, it was
buried almost immediately.
A tax haven sets up worthy treaties that
require them to exchange
information with foreign jurisdictions, then they
set up the structures
to make sure that they never have the information to
exchange in the
first place. They keep their secrecy, but - by pointing to
their
treaties - they can claim that they are a transparent and cooperative
jurisdiction.
The Clinton administration, to be fair, issued proposed
regulations near
the end of its second term that would have provided OECD
countries with
information about their citizens' US bank deposits. American
banks,
especially those with major deposits in Florida and Texas, lobbied
hard,
and George W. Bush's administration dropped them.
A
Wyoming-based website boasts, 'Wyoming Corporations and LLCs have a
tax
haven within the United States with no income taxation, anonymous
ownership
and bearer shares ... Shelf Corporations and LLCs: Anonymous
entity where
YOUR NAME IS ON NOTHING! These companies already exist and
are complete with
Articles, Federal Tax ID numbers and registered agents
... You may have
these complete companies by TOMORROW MORNING!' Yours
for sixty-nine dollars,
plus modest state filing fees.
As late as the early 1990s mainstream
development theorists trying to
work out why some countries were failing, or
why poverty was so
widespread, all but ignored the issue of
corruption.
The OECD's Anti-Bribery Convention came into force only in
1999, and the
UN's Convention Against Corruption only solidified in 2003. In
many OECD
countries bribery was even tax-deductible until just a few years
ago.
After the brutal Nigerian president Sani Abacha died in 1998,
poisoned
while in the company of Indian prostitutes, it was revealed that he
had
skimmed off billions of dollars of oil money. Two countries in
particular soaked up his embezzled wealth - Britain and
Switzerland.
By the early 1980s the main elements of the modern offshore
system were
in place, and growing explosively. An older cluster of European
havens,
nurtured by European aristocracies and led by Switzerland, was now
being
outpaced by a network of more flexible, aggressive havens in the
former
outposts of the British empire, which were themselves linked
intimately
to the City of London.
The Bretton Woods system of
international cooperation and tight control
over financial flows had
collapsed in the 1970s, and the golden age of
capitalism that had followed
the Second World War had ended. The world
had entered a phase of much slower
growth, punctuated by regular
financial and economic crises, especially in
developing countries.
As all this happened, and the offshore system grew
and metastasised
around the world, a new and increasingly powerful army of
lawyers,
accountants and bankers emerged to make the whole system work.
Offshore,
in partnership with changing ideologies, was driving the processes
deregulation and financial globalisation. In particular, the
London-based Euromarket, then the wider offshore world, provided the
platform for US banks to escape tight domestic constraints and grow
explosively again, setting the stage for the political capture of
Washington by the financial services industry, and the emergence of
too-big-to-fail banking giants, fed by the implicit subsidies of
taxpayer guarantees and the explicit subsidies of offshore tax
avoidance.
Many people supposed that by eliminating double taxation and
creating
nearly frictionless conduits for capital, the offshore system was
promoting global economic efficiency. In reality the system was rarely
adding value, but instead redistributing wealth upwards and risks
downwards, and creating a new global hothouse for crime.
What was
actually happening was nothing less than a head-on assault on
New Deal
principles in the US, on the foundations of social democracy in
Europe, and
on democracy, accountability and development in vulnerable
low-income
countries across the world.
The narcotics industry alone generates some
$500 billion in annual sales
worldwide, twice the value of Saudi Arabia's
oil exports. The profits
made by those at the top of the trade find their
way into the banking
system, the asset markets and the political process
through offshore
facilities. You can only fit about $1 million into a
briefcase. Without
offshore, the illegal drugs trade would be a cottage
industry.
Multinational corporations could never have grown so vast and
powerful
without tax havens. Goldman Sachs is very, very much a creature of
offshore.
Without understanding offshore, we will never properly
understand the
history of the modern world. The time has come to make a
start on
filling this gap in our knowledge - to appreciate how offshore has
bent
the world's economy into its present shape, transforming societies and
political systems in its image.
It was Africa's curse that its
countries gained independence at
precisely the same time as purpose-built
offshore warehouses for loot
properly started to emerge. For many of these
countries, independence
really meant independence for their elites from
bothersome rules. The
colonial powers left, but quietly left the mechanisms
for exploitation
in place.
In March 2010 Global Financial Integrity
(GFI) in Washington authored a
study on illicit financial flows out of
Africa. Between 1970 and 2008,
it concluded, 'Total illicit financial
outflows from Africa,
conservatively estimated, were approximately $854
billion. Total illicit
outflows may be as high as $1.8
trillion.'
Raymond Baker, director of GFI, was quite right to call the
emergence of
the offshore system 'the ugliest chapter in global economic
affairs
since slavery'
Today the top 1 per cent of households in
developing countries own an
estimated 70-90 per cent of all private
financial and real estate
wealth. The Boston Consulting Group reckoned in
2003 that over half of
all the wealth owned by Latin America's wealthiest
citizens lay
offshore. 'The problem is not that these countries don't have
any
assets,' a US Federal Reserve official said. 'The problem is, they're
all in Miami.'
Economists have not ignored these issues entirely, but
they almost
always break them down into discrete, country-level local
problems that
only blame corrupt local elites. These matter, of course - but
such
analyses obscure what all the disasters have in common.
And in
the relatively few instances when offshore erosion has been
considered, it
has been taken as an inconvenience, to be addressed with
Band-Aids. As one
IMF report put it: 'Offshore banking has most
certainly been a factor in the
Asian financial crisis. A special effort
is therefore needed to help
emerging economies ... to avert financial
crises through dissemination of
internationally accepted prudential and
supervisory standards.' The IMF is
arguing here in an illogical circle.
By helping local elites effectively
place themselves above the law and
creating new temptations to mischief, the
offshore system neuters the
chance of the prudent regulation and supervision
that is needed to
protect those countries against that very same offshore
system. Imagine
if those elites had to keep their money at home, or at least
account for
their wealth, pay appropriate taxes on it, and submit to
appropriate
laws. Very soon they would understand why good government was in
their
direct interests. The saddest part of all this is that it should have
been obvious to anybody who gave it a moment's thought.
On the
surface Jersey feels terribly British, and the island's rulers
always say it
is a well-regulated, transparent and cooperative
jurisdiction. The reality
is shockingly different. It is a state whose
leadership has essentially been
captured by global finance, and whose
members will threaten intimidate
anyone who dissents.
After the LLP law passed in Jersey, the accounting
firms next opened a
front in London.
The campaign worked. Britain
passed its own LLP law in 2001 and the
accountants stayed. 'It was the work
that Ernst & Young and Price
Waterhouse undertook with the Jersey
government,' an Ernst & Young
partner crowed, 'that first concentrated
the mind of UK ministers ...
I've no doubt whatsoever ourselves and Price
Waterhouse drove it onto
government's agenda because of the Jersey idea.' As
Sikka put it, 'the
Jersey sprat had served its purpose, now that the UK
mackerel had been
landed.'
I have no objection to deregulation in
principle, as long as it is the
process of genuine - and I mean genuine -
democratic bargaining that
considers the needs of all affected stakeholders,
at home and overseas.
But what we have in Jersey and Delaware is rampant,
uncontrolled
deregulation, harnessed to the interests of a few insiders and
large
corporate players. Just as European nobles used to consolidate their
unaccountable powers in castles, to better subjugate and extract tribute
from the surrounding peasantry, so financial capital has coalesced in
these fortified nodes of unaccountable political and economic power,
capturing local politics and turning these jurisdictions into fast and
flexible private law-making machines, defended against outside
interference and protected by establishment consensus and the
suppression of dissent.
Offshore is not just a place, an idea, a way
of doing things, or even a
weapon for the finance industries. It is also a
process: a race to the
bottom where the regulations, laws and trappings of
democracy are
steadily degraded, as one arrangement ricochets from one
fortified
redoubt of finance to the next jurisdiction, and the offshore
system
pushes steadily, further, deeper, onshore. The tax havens have become
the battering rams of deregulation.
The future that the offshore
system promises has a distinctly medieval
quality: in a world still
nominally run by democratic nation states, the
offshore system is more like
a network of guilds in the service of
unaccountable and often criminal
elites.
A lot of innovation - I'm talking about useful innovations to
make
better and cheaper goods and services, not the City of London's
innovations that simply shift wealth upwards and shift risks downwards -
happen in small and medium-sized enterprises. But the offshore system
works directly against this. It subsidises multinationals by helping
them cut their taxes and grow faster, making it harder for the
innovative minnows to compete. And when small innovative firms do emerge
they become targets for predators who seek to 'unlock value' from
'synergies' created by bringing the small firm into the bigger, more
diversified one.
This harvesting removes nimble, competitive and
innovative firms from
the marketplace and relocates them inside large
corporate bureaucracies,
curbing competition and potentially raising prices.
Debt rises, and
ordinary people pay more tax or see their schools and
hospitals fall
into disrepair. And if the predators leave their earnings
offshore they
can defer tax on them indefinitely.
Like multinationals
on steroids, banks have been particularly adept at
going offshore to grow
fast: by using tax havens to escape tax, to avoid
reserves requirements and
other financial regulation and to gear up
their borrowings. Banks achieved a
staggering 16 per cent annual return
on equity between 1986 and 2006,
according to Bank of England data, and
this offshore-enhanced growth means
the banks are now big enough to hold
us all to ransom. Unless taxpayers give
them what they want, financial
calamity ensues. This is the too-big-to-fail
problem - courtesy of offshore.
In giving freedom to finance, people in
democratic nation states lost
their freedom to choose and implement the laws
and rules that they
wanted. They handed these freedoms to the world's
financiers in exchange
for a promise: that the efficiency gains from those
free financial flows
will be so enormous as to make that loss of freedom
worthwhile. The tax
havens helped bring this calculation to
nought.
This is the real story: when tax havenry exploded and finance
became
freer, tax evasion and capital flight followed.
'Don't
interfere with our rights as sovereign states!' the havens cry
while
interfering merrily in other nations' sovereign laws and tax
systems.
Countries need, above all, sound institutions, good
infrastructure and
the effective rule of law, exactly what the offshore
system has been
undermining.
Much of the world's wealth derives from
what economists call rents, the
kind of unearned income that flows
effortlessly to oil-rich rulers.
'Oil expresses perfectly the eternal
human dream of wealth achieved
through lucky accident, through a kiss of
fortune and not by sweat,
anguish, hard work.
Nearly every sane
economist since Adam Smith has agreed that it is very
good, and very
efficient, to tax rents at very high.
One kind of rent comes from market
monopolies or oligopolies, such as
those enjoyed by pharmaceutical patents,
by government-sanctioned
licences afforded to the big four accounting firms,
by
taxpayer-guaranteed international banks and by the one and only
Fédération Internationale de Football Association (FIFA), the
super-wealthy international governing body of world football. The global
headquarters of most major players in all these highly profitable
industries are located offshore, most especially in Switzerland,
directly against every notion of economic efficiency.
Offshore
structures always serve citizens and institutions elsewhere -
so the
beneficiaries are always elsewhere. This is why it is called
offshore.
Plausible deniability is the whole game. The fraudsters may
well be
elsewhere, but offshore is what makes the fraud work. Secrecy
jurisdictions
are to fraudsters what fences are to thieves.
After a temporary setback
during the recent financial crisis, the
offshore system is now growing again
at ferocious speed.
Rich governments cannot be trusted to do the right
thing on tax havens
and transparency. Many will demand more transparency and
international
cooperation even as they work to frustrate both. They will
call for
reasoned debate as they engage in character assassination, secret
deals
and worse. They will talk the language of democracy and freedom the
better to defend unaccountable, irresponsible power and
privilege.
How do all these fallacies - the OECD's information exchange
standards,
the contradiction of tax cutting to increase revenues and tax
cutting to
starve the beast, and Mitchell's offshore incoherencies -
continue to
thrive? Author Jonathan Chait provides a good answer. 'The
lesson for
cranks everywhere,' he wrote, 'is that your theory stands a
stronger
chance of success if it directly benefits a rich and powerful bloc,
and
there's no bloc richer and more powerful than the rich and powerful.'
The last word here goes to Bob Mcintyre of Citizens for Tax Justice, who
has spent much of his life battling the armies of lobbyists in
Washington. 'There are so few of us,' he sighs wearily, 'and so many of
them.'
Most people working offshore only see fragments of the big
picture so do
not understand what is going on. For example, if there is a
trust set up
in the Caymans, and the securities portfolio is in Switzerland,
you will
get very little information in the Caymans. You won't know the
reason
why things happen. The ones who commit the crimes - those people who
set
up the trust or the special purpose vehicle - will often sit in New York
or London.
The ruling classes realise they don't need to worry about
the Democrats
coming to power in the US, or Social Democrats coming to power
in
Germany, or Labour coming to power in Britain. They realised they didn't
need to fight the fight at home. They already had this flotsam and
jetsam of the empire strewn across the globe, with their red post boxes
and British ways of life, and incredible subservience to the English
ruling class.
The City gentlemen had found a way around the threat of
democracy.
This of course dovetails closely with offshore's 'It's not our
problem -
fix it yourselves' ethical framework, which holds the rights of
citizens
and governments elsewhere to be inconsequential, which sees
democracy as
a tyranny of the masses and which holds the very idea of
society in
disregard, even contempt.
Konrad Hummler, a vocal senior
Swiss banker, calls Germany, France and
Italy 'illegitimate states' because
their taxes are too high. Tax
evasion, or what he calls 'Swiss-style saving
outside the system', is,
he says, a legitimate defence by citizens
attempting to 'partially
escape the current grasp of the administrators of a
disastrous social
welfare state and its fiscal policies'.
Offshore
attitudes are characterised by amazing similarities of
argument, of approach
and of method, and some striking psychological
affinities in a
geographically diverse but like-minded global cultural
community. A peculiar
mixture of characters populates this world:
castle-owning members of ancient
continental European aristocracies,
fanatical supporters of American
libertarian writer Ayn Rand, members of
the world's intelligence services,
global criminals, British public
schoolboys, assorted lords and ladies and
bankers galore. Its bugbears
are government, laws and taxes, and its slogan
is freedom.
Right-wing ideologies that for years have been beyond the
pale in the
larger democracies have been allowed to grow without restraint
offshore.
As offshore finance has become increasingly influential in the
global
economy, re-engineering onshore economies in ever more significant
ways,
so such attitudes have flourished, gaining strength and confidence
within the larger economies. This is evident in the intransigent
arrogance of bankers, who, having nearly brought the world economy to
its knees, still ask for more and threaten to relocate elsewhere if they
are regulated or taxed too much. It is visible in the demands of the
super-rich, who have come to expect and demand tax rates below those of
their office cleaners.
America, the great democracy, is now in thrall
to the world views of
unaccountable, abusive and often criminalised elites,
in large part
thanks to offshore finance. Having colonised the economies and
political
systems of the large nation states where most of us live, offshore
finance has gone a very long way towards capturing our attitudes
too.
... Soon afterwards, Labour suffered its fourth consecutive defeat
since
Margaret Thatcher's election in 1979, and Smith died of a heart attack
in 1994. His replacement, Tony Blair, finally transformed the Labour
Party into an institution that the City could learn to love. In this
work Blair was ably assisted by Herbert Morrison's grandson Peter
Mandelson. In 1996 Blair quietly dropped Labour's decades old pledge to
abolish the Corporation of London, replacing it with a vague promise to
'reform' the City. Few people in Britain even noticed the capture of
Britain's last major bastion of real opposition to the financial sector.
When Blair was elected the following year by a landslide, the
Corporation could rest assured that its position was safe.
Not only
that, but the Labour Party's proposed 'reform' - that private
members' bill
Taylor and Glasman had noticed - was no compromise but an
astonishing
capitulation to the Corporation of London. On the face of it
the bill was a
non-event: it merely streamlined and shook up voting
rights in the Court of
Common Council, the Corporation's municipal
governing body. Yet behind this
lay an extraordinary fact. While the
City's 9,000-odd human residents had
one vote each, businesses in the
City could vote too, with 23,000 votes
between them.
The corporations could easily outvote the human beings.
Blair's reform
proposed to dilute the power of the residents even further.
They would
still get their 9,000 votes, business vote would be expanded to
32,000,
giving the companies, as the Guardian noted, 'carte blanche to run
the
City'. Businesses would be assigned voting rights according to how many
employees they had but without any requirement to take their workers'
wishes into account. Management - representing the money - would be
voting, not ordinary employees. Thus Goldman Sachs, the Bank of China,
Moscow Narodny Bank and KPMG have been voting in British
elections.
Just as Switzerland's system of concordance has emasculated
potential
political opposition there, and Jersey's no-party politics embeds
the
dominant view of a political elite captured by the interests of finance,
so the Corporation of London has institutionalised the death of
opposition politics in the City.
In 2005 Britain's then chancellor
Gordon Brown introduced his Better
Regulation plan, scorning the 'heavy
hand' of regulation and exalting 'a
million fewer inspections every year ...
a risk based approach to
regulation to break down barriers holding
enterprise back'.
An official review in 2008 of the Crown Dependencies
and Overseas
Territories was led by Michael Foot, a former Bahamas central
banker and
chairman of a financial services company, the Promontory
Financial
Group, whose website boasts that its client roster includes 'banks
of
all sizes, securities firms, insurance companies, investment advisers,
private equity firms, hedge funds, broker-dealers and exchanges - in
short, financial companies of every stripe'.
When the government
launched an inquiry in 2008 into the financial
crisis, every single one of
the team's twenty-one members had a
background in financial services:68 four
were from the City Corporation
itself, including the lord mayor and two
former lord mayors. The review
was led by Sir Winfried Bischoff, a former
Citigroup chairman.
Something profound has changed in Britain. 'Nobody is
willing to take on
the City,' said McDonnell, 'even now, after everything
that has happened.'
To discover how far the City consensus has penetrated
the British body
politic, I sought out an insider. Through an intermediary I
arranged to
meet a senior officer of HM Revenue and Customs (HMRC),
Britain's tax
authorities, who was involved in taxing big
corporations.
After the Labour government came to power, the whole
culture in HMRC
changed. Taxpayers became 'customers'.
'We used to
have a priority to collect tax,' my informant said, 'now we
have a priority
to have a good relationship. We have got into a
situation of persuading
ourselves that it is a win-win to have
businesses pay their taxes
voluntarily, rather than have us take them to
litigation.' A UK
parliamentary committee in October 2008 found that a
quarter of
multinationals paid no corporation tax at all in 2005-2006.
This is a
disaster for the integrity of the British state.
Banks use their
privileged offshore positions to avoid tax on themselves
and to create, fund
and sell tax-avoidance schemes to others.
The culture of tax avoidance
permeated British society.
The consensus is now so widespread that
Britain's tax authorities sold
off nearly 600 of their own buildings in 2001
to a company, Mapeley,
registered in Bermuda to avoid tax; the National
Audit Office concluded
eight years later that the deal would probably cost
£570 million more
than originally anticipated. In 2009 it emerged that the
government
minister in charge of cracking down on corporate tax avoidance
had set
up a business in Bermuda to avoid tax.
Paying tax should be
at the centre of debates about corporate
responsibility, but it is ignored.
Lord Oakeshott of the Liberal
Democrat Party noted in 2009, 'Too many boards
right across Britain tick
the green and diversity boxes, then reward their
finance or tax director
for cheating their customers, the
taxpayer.'
English libel laws are among the comforts for those with dirty
money who
come to London. There is no constitutional protection here for
free
speech, like the First Amendment in the US; there is no defence in
cases
of high public interest; and unlike nearly everywhere else the burden
of
proof is deposited squarely on the shoulders of the defendant.
The
libel laws, of course, suit the City's wealthy interests very nicely
indeed.
They are, in the words of commentator George Monbiot, 'a
sedition law for
the exclusive use of millionaires... an international
menace, a national
disgrace, a pre-democratic anachronism'.
Few newspaper editors now
seriously cover the thorny issue of tax
avoidance by multinationals - 'as
intelligible to the average person as
particle physics', as the Guardian's
editor Alan Rusbridger put it. Yet
this tax avoidance is at the core of the
relationship between money,
governments and our democratic societies. Just
when we need
transparency, libel law in London is killing it.
Having
helped transform the world economy, the City has wreaked havoc at
home
too.
Here, in the birthplace of the Industrial Revolution, vast financial
sector salaries empty manufacturing industries of their best-educated
people, and politicians, hooked on the City's money-making machine,
sneer at the dirty and difficult smokestack industries. 'Manufacturing,
mining, fishing - all fucked, screwed, irrelevant,' said Robin Ramsay.
'The interests of a minority have come to dominate society.'
Between
1979 and 2011, as employment in UK manufacturing fell from 6
million to just
under 2.5 million, its output stagnated while financial
services output
trebled. Meanwhile, British banks aren't even lending to
British industry:
in the decade before the crash just 3 per cent of
banks' net cumulative
lending in the UK went to manufacturing, while
three- quarters went to home
mortgages and commercial real estate.
Britain and the US, the two leaders
of modern global finance, are now
among the most unequal societies in the
developed world. In Britain 0.3
per cent of the population owns two-thirds
of the land; in famously
unequal Brazil 1 per cent of the population owns
only half of the land.
Britain's pensioners have Europe's fourth highest
level of poverty and
are worse off than their counterparts in Romania and
Poland.
Meanwhile, City bonuses were £14 billion in 2010-11, nearly 40
percent
higher than the average for 2000-2007, the boom years leading up to
the
financial crisis. "In the new phase after 2008," the report continued,
'London finance had the disruptive power to resist any reform intended
to help make finance safe, as well as to vigorously support a politics
of austerity.'
Martin Wolf of the Financial Times calls it a
'financial doomsday
machine ... a machine to transfer income and wealth from
outsiders to
insiders, while increasing the fragility of the economy as a
whole'
Father William Taylor summed up the challenge that the values of
the
modern City of London, the values of offshore finance, present to us
all. 'We need to repent of it,' he said. 'We are in the grip of a
programme for our collective happiness that is illusory. It is a
phantom, and it will enslave us.'
The latest financial crisis shows
that state failure isn't something
that only happens to developing
countries: it can affect the very
richest. And every time, offshore has lain
close to the heart of the
malaise. To fix the problems, we must first
understand the sickness. If
there are just two ideas I'd want people to take
from this book, it is
these. One is that the offshore system is perhaps the
strongest
determinant of how political and economic power works in this
world. It
helps rich people, companies and countries stay on top, for no
good
economic or political reason. It's battleground of the rich versus the
poor, you versus the corporations, the havens against the democracies -
and in each battle, unless you're very rich, you are losing. Next, I
hope I've helped people grasp what offshore really is. The secrecy, tax
breaks or other escape routes that Luxembourg or the British Virgin
Islands provide are designed to attract money not from locals, but from
foreigners, elsewhere. So the people who are actually affected by the
laws of secrecy jurisdictions - those foreigners, elsewhere - are always
separated from the people who make those laws. There is never proper
democratic consultation when those laws are written. This is the whole
point. These are laws by insiders, for insiders, shielded from
democratic accountability: private, hidden law-making machines. Offshore
is, almost by definition, the smoke-filled room. Understand these two
things, and understand much of what you need to know about the economy
of the modern world.
Bribery rots and corrupts governments, and tax
havens rot and corrupt
the global financial system.
When pundits,
journalists and politicians fawn over people who get rich
by abusing the
system - getting around tax and regulation and forcing
everyone else to
shoulder the associated risks and taxes - then we have
lost our
way.
'Never in the field of financial endeavour has so much money been
owed
by so few to so many,' said Mervyn King, governor of the Bank of
England. 'And, one might add, so far with little real
reform.'
Offshore is at work nearby. It is undermining your elected
government,
hollowing out its tax base and corrupting its politicians. It is
sustaining a vast criminal economy and creating a new, unaccountable
aristocracy of corporate and financial power. If we do not act together
to contain and control financial secrecy then the world I found in West
Africa more than a decade ago, a world of suave insiders, impunity,
international criminal complicity and desperate poverty, will become the
world we leave to our children. A tiny few will have their boots washed
in champagne while the rest of us struggle for our lives in conditions
of steepening inequality.
by joe taylor on July 19, 2013 at 5:05
Thanks for that Jeff.
It is quite difficult for people, like most of
us, brought up to
appreciate values such as honesty and integrity, to
understand why
blatant corruption is so widespread within the financial
sector - and
even encouraged!
After reading Treasure Islands, I
realise why corruption within this
sector is the norm - when legislation is
for sale the bedrock of the
entire system is corruption.
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