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May.05, 2010

Gibraltar has been entangled in reports over 'money laundering' and 'tax dodgers', even though what it is doing is extending the exchange of financia information to Spain.

Under the headline 'Gibraltar gives up its fiscal paradise', the daily El Pais publishes a long article pointing at the problem arising in signing this deal with Gibraltar as the Spanish Government wants the UK to form part of the agreement.

This is because for 300 years Spain claims the Rock's sovereignty, says the paper. Signing an international deal with 'the colony' would be interpreted as implicit recognition of sovereignty.

The problem arose last summer. We are working to strengthen cooperation in fiscal matters but always in defence of our positions in international law, a Spanish foreign ministry spokesman is quoted as saying.

A possible way out is to allow Gibraltar to sign but attaching a document which clarifies the situation of Gibraltar with respect to the UK. This has been done in the case of Bermuda, but of course Spain has a claim over Gibraltar - and Gibraltar itself must ensure that its position is not weakened in any way.

NO THREAT

According to Mr Caruana, the text of the deal is already agreed as far as Gibraltar is concerned - we do not wish to be seen as a threat to the Spanish Treasury, he said.

Gibraltar has already signed 18 such deals with other countries as required by the G20, which at the time threatened offshore centres with sanctions unless they signed on the dotted line. The first such deal was with the USA, which itself upset the over-sensitive Spanish Government.

The OECD will be reviewing the deals already struck come next September.

Peter Montegriffo, described as an ex-minister and 'llanito' lawyer, tells the paper that there is no alternative. The world is changing and Gibraltar has to adapt itself...You cannot operate without being transparent.

For his part, Caruana says that in the case of Spain, Gibraltar is going beyond the minimum requirements in the standard agreement signed with other countries 'because we recognise that as an immediate neighbour, Spain feels more threatened.'

But the Tax Justice Network continues to attack Gibraltar saying that it continues to receive funds from the evasion of taxes, corruption and organised crime, as the Spanish 'Operacion Ballena' showed in 2005.

Meanwhile, Spanish police complain that over 30% of the rogatory commissions which Spain presents to Gibraltar with criminal indications do not make progress.

This could well be because in some cases the Spanish send them to the UK's authorities and not to Gibraltar's.

Over decades, Gibraltar was considered a money launderer, but locally this is not given credibility. Gibraltar will be imposing a 10% tax forced to by the European Union, says the report. That will be the end of the tax haven where nil tax existed for offshore companies.

Another Spanish report says that Spain and the Rock are finalising a deal that will end with tax opacity which benefits organised crime.

The Times meanwhile says that the Rock is to become a hard place for tax dodgers to hide cash, as the deal with Spain draws closer.

"The treaty will lift the veil of secrecy that has enabled tax dodgers in Spain to hide millions of euros in accounts with offshore banks in Gibraltar," it says.