A Civil Society Agenda for the OECD

Transcription

1 A Civil Sciety Agenda fr the OECD Fr the CFA-DAC and Glbal Frum n Develpment meetings, January 2010

2 A Civil Sciety Agenda fr the OECD Page 2 Backgrund In 2010, the wrld s gvernments will review prgress twards their cmmitments in the Millennium Develpment Gals. A successful utcme t these gals lks increasingly unlikely, demnstrating the limitatins f verreliance n aid as the main surce f funds t deliver these cmmitments. Paragraph 16 f the Dha Declaratin n Financing fr Develpment, and paragraph 39 f the United Natins Cnference n the Wrld Financial and Ecnmic Crisis and its Impact n Develpment, bth recgnised that the internatinal cmmunity has a respnsibility t help develping cuntries t raise their wn revenue fr develpment, including thrugh enhanced cperatin t cmbat tax evasin. As civil sciety rganisatins dedicated t internatinal develpment and human rights, we therefre welcme effrts by the OECD t cnnect its wrk n develpment and n tax. The OECD s cnsiderable technical expertise in the matter f tax administratin and cperatin makes it an imprtant partner in wrk t help develping cuntries imprve their dmestic resurce mbilisatin (DRM). Addressing pverty is an urgent matter and we believe DRM plays a pivtal rle in this prcess. In light f the gravity f the task in hand, ur ambitins fr the OECD fr 2010 are as fllws. Cuntry by cuntry reprting We welcme the UK and France s request fr a technical study f cuntry-by-cuntry reprting by the OECD. We lk frward t seeing the utcmes f this study and call fr the fllwing: An pen and transparent cnsultatin prcess n any technical study, in rder t encurage the engagement f the full range f stakehlders with the prpsal fr cuntry-by-cuntry reprting, including develping cuntry gvernments, their reginal and glbal representative rganisatins, ECOSOC and its Cmmittee f Experts n Tax Matters, the Internatinal Tax Cmpact, glbal civil sciety and the Eurpean institutins. The OECD t reprt n the utcmes f its study int a G20 summit during 2010, and the G20 members t set a timetable fr further actin n cuntry-by-cuntry reprting. Nting that private sectr self-regulatin f financial reprting by the Internatinal Accunting Standards Bard (IASB) has nt prvided adequate scpe fr taking n the views f civil sciety and ther bdies, the OECD, G20, and ther internatinal bdies shuld instruct the IASB t develp a standard fr cmprehensive cuntry by cuntry reprting, including the bligatin fr each multinatinal cmpany t reprt in each cuntry in which it perates:

3 A Civil Sciety Agenda fr the OECD Page 3 the names f all its cmpanies trading; details f its financial perfrmance; details f its tax charges; details f the cst and net bk value f its physical fixed assets; details f its grss and net assets. The Investment Cmmittee f the OECD t cnsider, as part f the prcess f updating its Guidelines fr Multinatinal Enterprises, the intrductin f a cuntry-bycuntry financial reprting standard int chapter III r X f these guidelines. Infrmatin exchange On its wn, the current OECD standard fr infrmatin exchange is f little use t develping cuntries. This is fr tw main reasns. The freseeable relevance criterin creates t high a barrier fr develping cuntries, and ften fr develped cuntries, t make successful infrmatin requests. An additinal autmatic standard f infrmatin exchange culd begin in the shrt term with limited infrmatin f mst use t develping cuntries n their residents beneficial interests mving ver time t a mre cmprehensive basis. This wuld enable tax authrities t make greater use f n-request infrmatin exchange prvisins. Cmprehensive autmatic exchange f tax infrmatin must be a lng term gal fr the internatinal cmmunity, while recgnising that a number f cnstraints will need t be vercme in rder t realise its full ptential. Additinally, fr mst develping cuntries, a mdel based n bilateral agreements means that access t tax infrmatin is restricted by a cuntry s capacity t negtiate agreements and als relies n the ptential treaty partner s willingness t sign an agreement. We therefre welcme the G20, G8 and OECD s cnsideratin f a multilateral instrument t allw develping cuntries t benefit frm the mve twards greater tax cperatin. In that cntext we call fr: The creatin f a multilateral (nt multiply bilateral) tax infrmatin exchange cnventin, which is the best way t benefit develping cuntries. This shuld be based n existing infrmatin exchange standards, but with the ptential fr participants t agree t expand its breadth and depth. The OECD t begin immediately the develpment f standards fr the autmatic exchange f infrmatin n the beneficial wnership f financial structures (whether they be bank accunts, cmpanies, trusts, partnerships, fundatins r therwise) lcated in ne jurisdictin where the natural persn wh is its beneficiary is tax resident in anther jurisdictin. This wuld be an essential first step twards cmprehensive autmatic infrmatin exchange. Als, exchange f this infrmatin (prir t autmatic infrmatin exchange f data n incme earned by such structures) wuld prvide bth develping and develped cuntries with essential infrmatin they need t ensure effective use can be made f existing (n request)

4 A Civil Sciety Agenda fr the OECD Page 4 infrmatin exchange standards. In additin it wuld fulfil paragraph 18 f the cnclusins f the Secnd Cnference n the Fight against Internatinal Tax Fraud and Evasin by prmting Transparency and Exchange f Infrmatin in Tax Matters (Berlin cnference). Bth incrpratin f the prpsed autmatic exchange f beneficial wnership infrmatin standard int treaties, and adherence t the prpsed new multilateral cnventin n infrmatin exchange n request nted abve, t becme part f the internatinal standard against which the Glbal Frum s Peer Review Grup shuld assess jurisdictins. These shuld therefre be explicitly referred t in its prgress reprts n jurisdictins and any ecnmic r plitical cuntermeasures based upn them. The setting f a timetable fr the OECD, in cnjunctin with ther bdies in particular the UN Cmmittee f Tax Experts, t develp the technical standards necessary t facilitate cmprehensive autmatic exchange f infrmatin. Increased funding fr develping cuntries t strengthen their tax systems, surveillance and cllectin, and tackle illicit flws f capital. This shuld include funding fr technical assistance as gvernments require it, fr them t purchase frm a service prvider f their chice. The OECD and its member states shuld stand ready t participate actively in such technical assistance, where develping cuntry gvernments request it. It shuld begin by imprving transparency cncerning the amunts f ODA set aside fr imprving tax authrities by all the DAC dnrs. Endrsement f a lng-term visin f cmprehensive glbal multilateral tax infrmatin exchange agreements, incrprating autmatic, n request and spntaneus infrmatin exchange prvisins, and cvering all jurisdictins including thse currently labelled nn-cperative. This visin must include a prcess t ensure participating states meet apprpriate glbal standards f cnfidentiality, data prtectin and human rights befre they jin. Increasing the knwledge base n capital flight and develping cuntries As has been nted by a variety f gvernmental, civil sciety and academic studies, there is an urgent need fr a deeper understanding f the gegraphy f illicit flws frm develping cuntries. We call fr the OECD t develp a research agenda, building n existing research n the magnitude f illicit flws, t assess in mre detail the impact f internatinal tax evasin and avidance n develping cuntries, and the effectiveness f existing tls t address it.

5 A Civil Sciety Agenda fr the OECD Page 5 Develpment f a plitical agenda and the Glbal Frum n Tax Cperatin We welcme the G20 and OECD s cmmitment t explring ways f invlving develping cuntries in the wrk f the Glbal Frum. That the OECD and its assciated Frums can and shuld make a majr cntributin t the technical aspects f the DRM agenda is clear, but, as the Berlin cnference nted, technical wrk is always embedded within a plitical agenda, whether explicit r implicit. Where develping cuntries are cncerned, it is imperative that these cuntries be able t shape the plitical agenda a prcess that cannt take place within the OECD, r within a frum assciated with it. This is especially the case fr DRM, because its ptential extends beynd revenue generatin in develping cuntries t questins f ecnmic and plitical svereignty and f gvernment accuntability. Furthermre, glbal taxatin is an area in which the interests f OECD member states, f ffshre financial centres, and f develping cuntries can cnflict, fr example when arbitrating between the principles f surce and residence taxatin, r when discussing the taxatin f multinatinal cmpanies. We therefre pledge t cntinue ur effrts t supprt the develpment and strengthening f civil sciety mvements fr tax justice in develping cuntries, and these mvements advcacy twards their gvernments fr greater engagement with DRM. We will als wrk t prmte and strengthen glbal frums thrugh which the interests f develping cuntries can truly be represented, including the United Natins Ecnmic and Scial Cuncil (ECOSOC) and its Cmmittee f Experts n Internatinal Cperatin in Tax Matters, the Internatinal Tax Cmpact, and reginal rganisatins such as the African Tax Administratin Frum. It is t these rganisatins that we will lk fr the plitical agenda n tax and develpment that the OECD s technical wrk shuld fllw.