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ASSET PROTECTION - Can You Bank On Your Haven?
There are more offshore banking havens than you can shake a
stick at. Nicholas Pullen tells you how to separate the
wheat from the chaff, and make sure the haven you choose is
really a safe-house for your money.
There are definite and strong advantages to placing some of
your hard-earned money in offshore bank accounts:
First of all you get protection against your government.
Nobody knows what a government will do next, anything is
possible. But, unlike funds held in your home country,
wealth stashed offshore is greatly protected against any
negative actions your government might take, or legislation
it might introduce, tomorrow.
Secondly, you get protection from predators and parasites.
Offshore wealth is shielded from the attentions of asset
hunters. Avaricious litigants, thieves, fraudsters, conmen,
blackmailers (disgruntled ex-business partners and ex-
spouses) who all seek to pinpoint, target and eventually
attack individuals with visible wealth. These sharks have
weapons at their disposal, and they use them. They routinely
run asset searches to identify just who has what worth
targeting. But offshore assets are safe. Asset searches
won't uncover offshore assets, these remain totally
invisible and safe from attack.
Thirdly, with an offshore bank account you are insured
against the unknown events tomorrow might hold. You never
know when you might be mighty glad of offshore cash
reserves. If circumstances at home make it impossible or
unwise for you to stay, or impossible to access your
domestic funds, your offshore funds provide you with a
financial lifeboat.
"Not all banking havens are suitable, safe, or secure."
Finally, you can rest secure in the knowledge that you have
a secret nest-egg. You can build and grow a private stash of
cash beyond the gaze of anybody in your home country.
The first thing you need do, to enjoy the benefits of an
offshore bank account, is to select a good offshore banking
haven where you can open your accounts. This is easier said
than achieved. You aren't short of choice, from the Bahamas
to Vanuatu, Cyprus to the British Virgin Islands,
Switzerland to the Cayman Islands. Countries the world over
are in the market for, and only too happy to accept, as
much foreign capital as they can get their hands on.
However, you must bear in mind that not all banking havens
are suitable, safe, or secure. Some are excellent. Others
are ticking time bombs. If you open an account in the wrong
country, it can prove very costly in more ways than one.
What you need to do is to find out how particular banking
havens measure up before you lodge any of your cash or
assets there. This will require you to perform some research
and investigation. This is well worth doing, and thoroughly.
Mistakes avoided at this early stage save time, trouble and
money further down the road.
I suggest you measure the quality of any haven which
interests you by subjecting it to my Ten-Point Suitability
Test. Satisfy yourself on all points crucial to your
particular requirements.
1. Location, Location, Location?
Where is the haven located? Do you want to visit your cash
regularly? If so, is it convenient or practical to have it
stashed in a banking haven thousands of miles away from
where you live?
Can you access your haven by air - directly or indirectly?
Is it a problem getting entry to your haven? Will you need
to queue for an entry visa every time you want to visit?
Also, be aware that making regular, visible (visa records
are a paper trail) trips to a known banking haven is like
waving a red flag at any government snoop who might be
taking an interest in your affairs and movements.
Give some consideration to time differences. Can you manage
your financial affairs efficiently if it's midnight in your
haven during business hours at home? Are you happy to wait
up until the early hours to speak to financial managers?
2. Do You Speak The Language?
Effective, smooth-running financial management depends on
fluent communication. Do bankers and professionals in your
haven speak English or some other language with which you're
familiar? You may need to discuss complex financial matters
in technical detail. It could cost you dear if things are
confused or compromised by language barriers.
3. How Easy Is It To Stay In Touch?
Are there sufficient and reliable telephone and fax lines?
Are email facilities available? Is airmail delivered
quickly? How efficient is surface mail delivery?
If your banking haven is deficient in these areas, it may
become difficult to maintain regular and instant contact
with your advisors and account managers. Is this acceptable?
4. Is The Tax Situation Right For You?
Ensure your haven provides the exact tax treatment you need.
Mistakes can prove expensive. Some havens impose
withholding tax" on foreign-held bank accounts. Are you
satisfied that this is fair exchange for the benefits your
account will deliver.
5. How About The Legal System?
Are the laws in your prospective haven based on English
common law? Is the judiciary of a high standard? Is it
independent? Is the Court system effective? Are there rules
to resolve conflicts of law? Are the banking regulations
stiff? Or is there ample opportunity for a fly-by-night
merchant to slip through the nets?
Are banking services registered with regulatory
organisations that uphold professional standards and
procedures?
Satisfy yourself that the haven has local laws and legal
practices which provide adequate protection of your funds
and investor rights.
6. Is Your Haven Financially Stable?
Check your prospective haven's financial stability, by
calculating what percentage of its Gross Domestic Product is
represented by foreign aid. Foreign aid is as high as 70% of
Gross Domestic Product in some havens. The Cook Islands,
Nauru and Vanuatu being recent examples of
this.
A haven's confidence in its liquidity can be judged, at
least to some degree, by its willingness to put in place
solid depositor protection. Enquire of financial
institutions in the haven whether or not depositor
protection exists.
7. Is The Haven Free Of Trouble? Will It Stay That Way?
Does the haven have a trouble-free history and a secure
culture? A country which has experienced only moderate
political, economic and social change, and where political
and social violence is uncommon, is a trouble-free country.
A stable past is a good predictor of a stable future.
On the other hand, countries with a history of civil war,
military coups and civil unrest are definitely not right for
banking purposes. Cash held in a banana republic is high-
risk. Future flash points in volatile regions can render
your cash lost or worthless.
Look at the human rights record of the haven's government. A
government with high regard for its domestic population is
likely to regard you equally highly. A government which
treats citizens like cattle to be reared, milked and
slaughtered is likely to come to view you in the same casual
manner. In such a climate private wealth may suddenly become
government property.
Check if there's a strong socialist political faction in the
haven. Overtly socialist governments can't be trusted to
look after your nest-egg. Political upheaval, new
ideologies and attendant legislation can change a haven's
attractiveness overnight. Ensure there's little likelihood
of an ultra left-wing political party sliding into power in
the foreseeable future.
Is the haven free from racial tensions and other social
problems? These can trigger crisis which may affect
deposited funds.
What about the prospect of foreign invasions and war? These
are slight for an isolated country. But keep an eye on the
treatment your haven receives in the international press.
Areas and regions seldom become hot spots overnight. Look at
recent political developments and events in the haven to
establish if there is any potential trouble.
"A stable past is a good predictor of a stable future."
Consider local attitudes. Is there wide local support for
the financial services and banking industries? Does the
local population appreciate that international banking
operations are effectively supporting the country's economy?
Or does the presence of foreign capital breed resentment?
Is there a foreign-bashing agenda?
Be sure to keep abreast of events and the socio-political
climate in your haven. Subscribe to newsletters covering
such developments. Read the local press. The writing is
often, literally, on local walls in the form of graffiti,
for months before anything actually happens which might
affect your bank accounts.
8. Does Your Haven Provide A Back Door For Your Government?
Make sure your banking haven doesn't provide your government
with a back door into your accounts. For example, some
traditional tax havens are existing or former British
colonies, such as Bermuda, Cayman Islands, the Channel
Islands, and the UK government is exerting pressure on
authorities there to release information relating to UK
account holders.
British citizens should find out if their prospective
banking haven has tax treaties in place with the UK. If so,
be aware that the treaty allows for the free sharing of
information between the authorities in the two countries.
9. Does It Offer Enough Freedom For Capital?
Are you free to take money in and out of the haven? If there
are severe restrictions, the haven is no use to you. Even if
there are no exchange controls in operation now, check that
the haven doesn't have a history of exchange controls. You
don't want your cash trapped in a country which is
effectively stemming flight capital.
Make sure you have adequate guarantees that you'll be able
to do what you need to before opening accounts in the haven.
For example, are there restrictions on converting foreign
currency into local currency and visa versa? Are reports
filed on each occasion? Ask financial institutions in
the haven.
10. Does The Haven Offer Sufficient Privacy?
Seek out banking havens which recognise and actively promote
solid banking privacy. Many havens claim to do so only on an
informal basis. Under pressure bank managers and financial
advisors may sacrifice you to the sharks. Does your haven,
and/or the institutions operating there, have a history of
rolling over when exposed to external pressures?
Check whether banking privacy is tradition or actual binding
legislation. Check whether a professional in a particular
haven is breaking the law if he passes data relating to you
and your financial affairs to a third party. Be aware that
"confidentiality" laws allow local government access to your
account details (although they can't pass the data on to a
third party).
Solid banking privacy legislation is the best protection for
your cash. A strong, secure haven will have banking privacy
legislation which carries stiff penalties (financial and
custodial) for any professional who breaches them and passes
data on to third parties.
Beginning Your Research
A very good place on the Internet to begin your
investigations of suitable tax havens is
http://www.escapeartist.com axhavens axhavens.htm.
The Offshore Journal is a useful e-publication which
frequently reports on relevant events and changes in banking
havens around the world. Subscriptions cost £15 per year.
Subscribe at http://www.rpifs.com.
About the Author
Find this article of interest? Visit The Freebooter website
at http://www.freebooter.com or contact Henry Morgan at
mailto:henrymorgan@freebooter.com and take advantage of
pointers, tips and articles to help you to remain free.
Subscribe for free to The Broadside, his monthly Privacy
Tips Newsletter, by mailing mailto:admin@freebooter.com or
at the Web site.
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