Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Public Finances and Illicit Financial Flows Ford Foundation and ACET Conference, Accra 26-30 August, 2013 Plenary Moderator: Prof. Joe Amoako-Tuffour Snr. Advisor, ACET Joe Amoako-Tuffour, [email protected] Page 1 How do IFFs Contribute to Resource Curse? 1. Facts & Magnitude of the Problem a. 1970-2008 (38 years): Conservative estimates $854 billion from Africa (or $22.5 billion annually) b. Joint Report by the GFI & AfDB: 1980-2008 (30 years): IFFs = $1.4 trillion ($46.6bn annually) exceeds inflow for the same period. c. African countries experience massive outflows mainly to Western financial institutions. d. Between 1970-2008 IFFs increased on average annually by 12.1% for Africa 15.1% for SSA 21.8% for oil-exporting countries 13.6% for nonfuel exporting countries West and Central Africa tops SSA in terms of actual magnitude of IFFS averaging nearly $10.2 billion annually. Nigeria is the dominant driver of IFFs from the sub-region and tops the list of cumulative illicit flows Africa’s ability to finance development is undermined by the severity of the IFFs. Joe Amoako-Tuffour, [email protected] Page 2 2. Composition of IFF and the Ways and Means: a. public sector bribery 3%, - kick-backs, bribe, outright theft b. criminal activities 30-35% - drug trafficking, smuggling, illegal weapons sale c. commercial activities 60%+ largely through trade transactions Trade mis-pricing via transfer pricing, Mis-invoicing of imports and exports, Deliberate mis-recording of trade pricing, Inflated management fees, Aggressive tax planning – minimize, evade or avoid taxes Exploiting tax loopholes, Profit laundering Summary (Tandai’s snapshot of IFFs): o Corruption o Criminal activities o Commercial tax evasion o Smuggling Joe Amoako-Tuffour, [email protected] Page 3 3. IFFs and Natural Resources a. b. c. d. e. No open tendering or bidding process Transfer pricing Management fees Weak fiscal regimes and Tax expenditures Weak tax administration Joe Amoako-Tuffour, [email protected] Page 4 4. Structural factors that make IFF possible or prevalent in Africa a. Existence of tax havens and secrecy jurisdictions- Most tax havens are located in OECD countries. b. Business policies and practices to evade and avoid taxes as well as to escape regulation. Sophisticated tax avoidance schemes c. Corruption and kick-backs in investment, procurement agreements, resource sector licensing and contracting d. Weak tax administration e. Sheer bad governance and undemocratic Development State. Joe Amoako-Tuffour, [email protected] Page 5 5. Way Forward (Discussions) a. What can be done? b. What can CSOs do? c. What are the pathways to dealing with the issue? Joe Amoako-Tuffour, [email protected] Page 6 6a: What can be done? The 4Cs Solution (Dr. Donald Deya) Solution Complexity Complacency Complicity Corruption o Information sharing o Regional integration of information systems o Need for framework and standards of behavior of all financial actors, revenue agencies o Transparency, Accountability and Institutional collaboration o Capacity building about contracting process o Design and implementation of good standards of behavior of lawyers, accountants etc o Call for ethical standards o Need to identify (ethical) gaps in existing code of conduct of professional bodies o National anti-corruption measures Joe Amoako-Tuffour, [email protected] Page 7 6b. What can CSOs do? (Recommendations for Ford Foundation) Greater demand for transparency and accountable processes in resource contracting and revenue management. Greater advocacy against resource rent capture by politicians and elites. Greater push to plug loopholes in country tax regimes, strengthen tax administration Need for evidence-based advocacy (don’t rely on anecdotal evidence) Identify channels of advocacy through national governments, regional bodies, continental governance institutions, business associations. Need to develop CSOs capacity – to understand the dimensions of the problem, to strengthen their engagements. Need for greater public sensitization of the problem of IFFs and their consequences. Joe Amoako-Tuffour, [email protected] Page 8 6c: What are the pathways to dealing with the problem? Data, Evidence, African Problem o Need to understand the problem through research. Generate evidence-based advocacy. Paucity of data. o Need to build African academy to help frame the solutions from the African point of view. As in most cases the framing is done by others. o Need to build CSOs capacity to engage and sensitize the public, governments, regional and international bodies on issues and the search for solutions IFFs are a global problem o Role of multilateral and international bodies: Role of IMF, WB, BIS, EU, Commonwealth, G8, G20, AU o Advocacy for commitment to collaborative approach to dealing with tax havens, “secrecy jurisdictions” disguised corporations. o Multilateral institutions can help find solutions by helping with policies, standards. Therefore networks at the global level will greatly enhance the control of illicit flows. Joe Amoako-Tuffour, [email protected] Page 9 IFFs are banking, trade and revenue problems o There is a role for banks in fighting illicit flows and tax evasion. They are the agents of absorbing IFFs through money laundering. Country legislation & Standards are essential. o There is a role for revenue agencies and authorities in dealing with tax systems. o The AfDB should lead in setting standards, information sharing among central banks develop its research interest and advocacy visibility to be the lead institution on fighting illicit flows on the continent Joe Amoako-Tuffour, [email protected] Page 10 Other Key Points o Good macroeconomic management is the best baseline for countries to control illicit flows. o Accounting professionals and lawyers have a key role to play. An analysis of the ethics and standards among lawyers is important. o Improve legislation on corporate governance and standards for FDI Joe Amoako-Tuffour, [email protected] Page 11