UK Government Names Conditions for Providing Financial Support to BVI

The UK government has reiterated the conditions under which it is going to provide economic support to its Overseas Territories, including the British Virgin Islands. In the 2020 communique, which was published at the Joint Ministerial Council meeting for OTs, the UK government said it expects Territories to be financially independent as much as possible, as it will only offer financial aid in exceptional circumstances.

The UK government said that while OTs as small and open-island economies vulnerable to external threats, governments must manage public funds to make the economy resilient in times of disasters. It is stated in the communique: “In times of crisis, the UK stands ready to support the Overseas Territories, as happened following the hurricanes in 2017 and during the COVID-19 crisis. As a first step, the UK will look to the Overseas Territories to make full use of their financial resources to address their needs and will consider further requests for financial support on a case-by-case basis.”

The UK government also promised to help OTS increase their economic resilience through technical support and encouraging financial management, and to consult the Overseas Territories on a support programme for next financial year.

The UK pressured the OECD to give the British Virgin Islands loans which it didn’t originally qualify for, by staying as a guarantor for them. However, the BVI government was asked to set up the Recovery Development Agency (RDA) to ensure transparent managing of these funds.

BVI and Seychelles Sign Multilateral Competent Authorities Agreement

According to the new update by OECD, the British Virgin Islands and Seychelles have signed up to the Multilateral Competent Authorities Agreement (MCAA) on country-by-country reporting. The BVI signed up to the pact on July 7, 2019, and Seychelles joined the agreement two days later. 

Country-by-country (CbC) reporting is a standard which requires the disclosure by large multinational groups of some basic items of financial data, usually in each country where the parent is located. Collected information includes the amount of revenue reported, profit before income tax, and income tax paid and accrued, as well as the stated capital, accumulated earnings, number of employees, and tangible assets. The OECD developed the Multilateral Competent Authority Agreement on the Exchange of CbC Reports, enabling their automatic exchange.

According to the OECD's update in the end of August 2019, a total of 82 territories have now signed up to automatically exchange CbC reports.

Elise Donovan to Become Interim Director of BVI London Office

The Director of the BVI House Asia Elise Donovan has been appointed by the Government as Interim Director of the BVI London Office. She will change in this post Benito Wheatley, and will be transitioning there from August 20 to December 31. After this period, she will return to the BVI to the post of Chief Executive Officer of BVI Finance, which will be left by Lorna Smith.

The duties of the Director of BVI London Office include advising the Premier on matters for implementation and making recommendations to ministries, international agencies, the private sector and other agencies. She will be also responsible for “strengthening BVI’s voice with Her Majesty’s Government and the Foreign and Commonwealth Office”; monitoring political, legislative and diplomatic developments in the UK and EU, and providing timely analysis of those affecting or potentially impacting the BVI. 

Meanwhile, the BVI Government has already started to search for new and permanent directors of the BVI House Asia and the BVI London Office.

BVI on the List of Countries for AEOI Consultations with Switzerland

British Virgin Islands is included in the list of the countries with which the Swiss Federal Department of Finance has launched a consultation on the introduction of the automatic exchange of information in tax matters (AEOI). The consultation will be held until March 15, 2017, and the AEOI for the listed countries is expected to enter into force on January 1, 2018, with first exchanges to start in 2019.

According to the Federal Department of Finance, the introduction of the AEOI with the new countries will confirm international commitment of Switzerland to implement the AEOI standards. 

The FDF said that these countries, which along with the BVI include Andorra, Argentina, Barbados, Bermuda, Brazil, the Cayman Islands, Chile, India, Israel, Mauritius, Mexico, Monaco, New Zealand, the Seychelles, and some others, adhere to the principle of speciality and implement appropriate measures to safeguard the confidentiality of the data exchanged.

In 2017, Switzerland will introduce the AEOI with EU member states, Australia, Iceland, Norway, Japan, Canada, South Korea, Jersey, Guernsey, and the Isle of Man.

BVI Asian Trade Mission: Agreement with Chinese economic area and BVI Roadshow

The strategic cooperation agreement between the BVI government and the Administration Commission of the Tianjin Binhai New Area Central Business District (CBD) was signed, as a result of the BVI Asian Trade Mission led by premier and minister of finance Dr Orlando Smith. Tianjin Binhai New Area is one of special economic zones of China, established in 2010. The BVI and the Tianjin Binhai New Area are planning to develop long-term cooperation and mutually support each other's development strategies, systems of management and operation as long-term strategic partners.

At a BVI road show event, which followed as part of the BVI Asian Trade Mission, the BVI Premier was speaking on the theme: “Pursuing Global Success with BVI as Your International Partner of Choice”. Also, the presentation was delivered by Conyers Dill & Pearman Partner themed “The Belt and Road Initiative: How the BVI Facilitates the Investment Opportunities”. Deputy group managing director made a presentation named “The BVI: At the Cutting Edge of Incorporation”. Managing director from AMS Financial Services presented “The BVI: Balancing Client Confidentiality with International Compliance”. 

The panel discussion on the event was moderated by Permanent Secretary of Premier's Office, Brodrick Penn, and named “The BVI Advantage in the Capital Markets”, followed by the presentation “The BVI Advantage in Litigation”. The roadshow was closed by a panel titled “The Enduring Competitiveness of the BVI”.

BVI and USVI Common Issues Discussed at IVIC Meeting

The delegations of government officials of the British Virgin Islands and US Virgin Islands discussed the areas of mutual interest during the seventh meeting of the Inter Virgin Islands Council (IVIC) which was held in St Thomas on September 2. The BVI delegation was led by BVI Premier and Minister of Finance, Dr Orlando Smith, and the USVI delegation was led by the jurisdiction's governor, Kenneth E. Mapp.

During the meeting the committees presented reports on law enforcement, tourism, energy and utilities, education, and other areas. It was decided to hold regular annual meetings, strengthen their capacity building efforts, improve information exchange, and reach more co-operation on public information outreach efforts. Speaking about the results of the meeting, USVI governor stated that the territories should continue to work together on their mutual interests, and find resolutions. 

The Inter-Virgin Islands Council was established on 29 May, 2004, with signing a joint memorandum of understanding. The first meeting of the Council was held in April 2005. The next IVIC meeting will take place on October 6, 2017, in the British Virgin Islands.

British Overseas Territories are Offered to Have Representation in UK Parliament

The UK Parliament MP from Conservatives, chairing the Parliamentary British Overseas Territories Committee, has said that the overseas territories should be represented in the UK Parliament, based on the fact that some UK territories including Scotland have less autonomy but have their representation in Westminster. He also stated that the French, Dutch, and Danish overseas territories had elected representation in the national parliaments. He said that it is worth to consider allowing British Overseas Territories and crown dependency members in the House of Lords.

British MP was speaking on the fringe meeting that was hosted by the Friends of the British Overseas Territories, meant to bring together all the 16 of them. Overseas territories have mixed opinions about full Westminster representation, but, by his words, at last the discussion was initiated on the issue.

Regarding the future referendum on the EU membership, he said that it will definitely have an impact on the UK territories, as many of them have their business in the European Union.

BVI FSC and Gibraltar FSC signed Memorandum of Understanding

The British Virgin Islands Financial Services Commission confirmed in the Press Release the signing of Memorandum of Understanding with the Gibraltar Financial Services Commission. The signed document, concerning the supervision of Managers of Alternative Investment Funds, allows for the exchange of information between the two jurisdictions, on matters related to the supervision and oversight of AIFMs, their delegates and depositaries. So, under the MoU, BVI- and Gibraltar regulated funds can operate in both jurisdictions.

The Memorandum was signed on 13 July by Robert Mathavious, the Managing Director/CEO of the BVI FSC, and Samantha Barrass, CEO of the Gibraltar Financial Services Commission. It is stated in the document how information will be exchanged between the financial regulators, the ways how it will be used, as well as confidentiality, share of information, and the procedures of executing requests for assistance.

Currently, the BVI FSC has signed 27 MoUs related to the supervision of Managers of Alternative Investment Funds.

Deputy Premier Represents BVI at ECLAC Session

BVI deputy premier and minister for natural resources and labour, Dr Kedrick Pickering had a meeting with executive secretary of the Economic Commission for Latin America and the Caribbean (ECLAC) Alicia Barcena in Santiago, Chile, during the 16th extraordinary session of the Committee of the Whole of ECLAC, being Territory representative on behalf of the BVI Premier Dr Orlando Smith.

At this session, consultations were held to establish a forum of the countries of Latin America and the Caribbean on sustainable development, and the deputy premier reiterated the need for the inclusion of associate members in the proposed forum. He spoke about the importance of greater engagement between the organization and the British Virgin Islands as its associate member.

The Committee of the Whole is a subsidiary body of the organization, which gives an opportunity for representatives of member countries to meet between ECLAC official sessions.

BVI Premier Signed FATCA-related Agreement

The Model 1B intergovernmental agreement (IGA) was signed by the government of the BVI at the Department of Treasury in Washington, DC. According to BVI Premier Dr Orlando Smith who signed the IGA, this is the final step in the current phase of Foreign Account Tax Compliance Act (FATCA) implementation in the British Virgin Islands. Next phase will be creation and issuance of guidance notes that assist financial institutions and other parties in the jurisdiction to determine their requirements under the agreement.

BVI Financial Secretary Neil Smith stated among the key benefits of the IGA that BVI financial institutions have until the end of 2014 to obtain a global intermediary identification number (GIIN). 

The BVI government will issue a draft of the territory’s guidance notes to receive comments from members of the financial services industry. It will be possible to give feedback on the guidance notes also through participating in workshops that will be provided for the industry specialists by KPMG (BVI) Limited. After making sure that the guidance notes will adequately address any BVI-specific situations, they will be updated and amended.

FATCA was enacted in 2010 by the US Government, with the main purpose to combat tax evasion by some US citizens holding their investments in accounts outside of the United States, and requires foreign financial institutions to report to the IRS information on assets of US$50,000 or more held by US taxpayers.

BVI Agencies signed MoU on Anti Money Laundering and Countering the Financing of Terrorism

14 BVI agencies signed memorandum of understanding with the Inter-Governmental Committee on Anti Money Laundering (AML) and Countering the Financing of Terrorism (CFT), during the opening ceremony to launch the British Virgin Islands’ National Risk Assessment Council (NRAC). Signatories to the MoU included the Attorney General’s Chambers, the Virgin Islands Shipping Registry, the BVI Post Office, the BVI Ports Authority, Her Majesty’s Customs, the Financial Investigations Agency, Financial Services Commission, the Department of Trade and Consumer Affairs, the Immigration Department, BVI Airports Authority, International Tax Authority, Non-Profit Organisation Registration Board, Office of the Director of Public Prosecution and the Royal Virgin Islands Police Force. Signing of the memorandum was witnessed by many top government and private sector officials.

The signing of this MoU means that the jurisdiction is ready to international co-operation in combating money laundering and terrorism financing, and continues to comply with global financial standards, including information exchange on tax matters. It is designed to foster cooperation between the relevant authorities to enable them to carry out their administrative and statutory obligations, and to assemble and analyze information concerning activities related to money laundering, combating financing of terrorism, financing of proliferation of weapons of mass destruction, corruption, and other serious crimes. 

BVI Government Initialled FATCA Inter-governmental Agreement

The BVI and the US government concluded negotiations on the inter-governmental agreement (IGA) concerning the US Foreign Accounts Tax Compliance Act (FATCA). The initialling of the final text of the agreement now can be followed by its implementation in the British Virgin Islands. 

Upon signing of the agreement, foreign financial institutions in the jurisdiction that are required to comply with US FATCA, will be able to report certain information on US account holders to the BVI International Tax Authority who would automatically exchange information with the US government. 

By words of BVI Premier and minister of finance, Dr Orlando Smith, “The initialling of the FATCA IGA is another important signal of BVIs commitment to global standards on transparency.”

The conclusion of negotiations on the agreement was preceded by long lasting dialogue with the US Treasury in which the BVI government negotiated and received some exceptions for relevant entities such as non-profit organizations and pension plans and their accounts. Now the BVI is to put into place shortly the final legal and administrative procedures to facilitate the implementation of the agreement.

BVI Government Signed MoUs with Chinese Delegation

During the visit of the delegation from Qianhai Special Economic Zone and officials of the municipality of Shenzhen, there were signed memoranda of understanding (MoUs) to signal the beginning of the mutual relationship between the jurisdictions. The MoU signed between the British Virgin Islands government and the City of Shenzhen sets out the parties’ intentions to further increase bilateral cultural exchanges, to expand exchange and cooperation in areas of tourism, economy, culture, sports and other areas. The Memorandum signed between the BVI government and the Qianhai Authority sets out parties’ intentions to promote exchange and cooperation in the sphere of financial industry.

According to BVI Premier Orlando Smith, “This is a historic occasion, in that while we have had visits from Chinese delegations in the past, this is the first time that we are having such a significant delegation to forge a closer relationship.” Also, speaking about the establishment of BVI House Asia in September 2013, Smith noted that a major component of his government’s strategy is to expand and deepen the commercial footprint of the territory in Asia as one of the most important global markets. 

The member of the Standing Committee of the CPC Guangdong Provincial Committee and party chief of the CPC Shenzhen Municipal Committee, Dr Wang Rong said about the opening of BVI House Asia: “We warmly welcome BVI companies and institutions to strengthen overall and multi-layered cooperation with Shenzhen in various fields, and to share development opportunities with us for a better future.”

UK Minister for Overseas Territories Commends BVI FSC

Mark Simmonds, the UK Minister for Overseas Territories, in his comments in response to a question from MP Martin Horwood on the issue of international standards endorsed the strength of the BVI independent regulator, the Financial Services Commission (FSC). He named it “an extremely impressive regulator who wants to ensure that the British Virgin Islands has the highest possible international reputation.” He also said: “The (BVI) regulator wants it to be seen as a well regulated jurisdiction in order to encourage, rather than inhibit or hinder, further investment.”

Mark Simmonds also mentioned the “extremely positive” engagement by the Overseas Territories on the issue of tax transparency. His statement actually followed David Cameron’s praise of the UK Overseas Territories for the actions taken to ensure the highest standards of tax transparency. Cameron said that it was no longer fair to refer to the BVI and other similar jurisdictions as ‘tax havens’.

BVI Premier Confirms Support of G8 Tax Decisions

Last week, Premier and Minister of Finance of the British Virgin Islands Orlando Smith returned from London and gave his comments on G8 Tax Statement, confirming his support of the UK government’s global agenda on tax, transparency and trade, and his agreement to take an active part in the new initiative of multilateral automatic tax information exchange agreed upon by the UK, Germany, France, Spain and Italy. The BVI Premier also confirmed the plans to prepare national actions to meet the FATF standards on beneficial ownership, and to join the Multilateral Convention on Mutual Assistance on Tax Matters.

Orlando Smith noted in his comments: “In the debate about tax and transparency the fact that the BVI already has stronger financial regulation for trust and corporate service providers, as well as rules regarding beneficial ownership than many countries in the G8 itself, has not been adequately appreciated… For many years we have implemented the highest international standards on transparency, accountability and information exchange on tax matters, as set out by the OECD. The BVI will continue to be a constructive partner in evolving and setting the highest standards of regulation.”

BVI Premier Takes Part in Pre-G8 Meetings with UK Prime Minister

Premier and Minister of Finance of the British Virgin Islands, Orlando Smith, has accepted the invitation to attend two meetings in London on June 15.

These meetings are hosted by UK Prime Minister David Cameron before the G8 meeting. During the first meeting, the BVI Premier is having an open consultation with the UK Prime Minister, together with leaders from all UK Overseas Territories and Crown Dependencies, while the second meeting is the discussion on the key issues of the G8 summit, including tax, trade and transparency, and involves a range of stakeholders, including representatives from Overseas Territories and Crown Dependencies.

The BVI Premier said in a letter sent to David Cameron that the jurisdiction will in principle commit to joining the Multilateral Convention on Mutual Assistance on Tax Matters - a multilateral agreement having the aim to promote international cooperation to combat tax evasion and aggressive tax avoidance.

Speaking about the meeting, the BVI Premier Dr Orlando Smith welcomed the invitation from David Cameron for consultation, and expressed Government’s support for the G8 agenda on tax, trade and transparency and trust that the G8 members will see the value of, and accept the need for, establishing global standards."

Premier Smith Hosting Chairman of OCTA Organisation

The chairman of the Overseas Countries and Territories Association and president of the Territorial Council of St Pierre and Miquelon Stéphane Artano visited the territory of the British Virgin Islands, as part of the regional familiarisation mission to the Caribbean countries as the OCTA chairman. This visit to the BVI will help to enhance its relationship with the overseas countries and territories of the European Union (OCT-EU).

Premier of the British Virgin Islands Dr Orlando Smith, who hosted OCTA chairman, will assume the chairmanship of OCTA in December 2013. During his visit to the BVI, Artano had the purpose to personally familiarise himself with the BVI, as well as to inform Smith of his green growth agenda for the OCTs. Also, the director of the International Affairs Secretariat, Sylvia Moses, informed that “the OCTA chairman would like to discuss Premier Smith’s views on the revision of the Overseas Association Decision (OAD) and its programming regulations; the OCT regional funding envelope; and regional programming under the 11th European Development Fund.” 

According to Sylvia Moses, the talks between the premier of the BVI and OCTA chairman were to focus on innovation in economic and environmental policies for all overseas territories. Moses said that Artano will address common issues and interests among OCTs, including tourism, fisheries and the internet communications.

The British Virgin Islands is vice president of OCTA organisation, as well as the co-chair of the OCTA/EU Financial Services Partnership Working Party that brings together technical experts from the EU and OCTs to discuss financial services related matters.

BVI FSC Updated Public Statements Issued By FATF

The Financial Action Task Force (FATF) issued public statement reaffirming its blacklisting of Iran and the Democratic People’s Republic of Korea. The public statement reproduced in original form on the website of the British Virgin Islands Financial Services Commission was issued as an update for the previous FATF statements.

The updated statement also identified jurisdictions with strategic anti-money laundering and combating the financing of terrorism (AML/CFT) deficiencies that have not made sufficient progress in combating them: Bolivia, Cuba, Ecuador, Ethiopia, Indonesia, Kenya, Myanmar, Nigeria, Pakistan, Sao Tome and Principe, Sri Lanka, Syria, Tanzania, Thailand, Turkey, Vietnam, and Yemen.

In the currently listed public statement, the BVI FSC advised the general public of the Anti-Money Laundering Regulations and the Anti-Money Laundering and Terrorist Financing Code of Practice to note the concerns expressed by the FATF with respect to the named jurisdictions, when dealing with customers or transactions involving any of the jurisdictions identified by the FATF public statement.

There is also a separate statement issued on the same date and named “Improving Global AML/CFT Compliance: On-Going Process”, where the FATF organization updated statements on some countries that have committed to working with it to improve their AML/CFT frameworks. 

New UK Minister’s First Official Visit to the BVI

Mark Simmonds, the UK Minister for the Overseas Territories, who was appointed at his post in September 2012, has chosen the British Virgin Islands as the place for his first visit. During his visit on October 22-24, he had joint press conference with BVI Premier and Minister for Finance, Hon. Dr. D. Orlando Smith and Governor Boyd McCleary, where he talked about some aspects of the UK Government’s views about the Virgin Islands.

Mr. Mark Simmonds stated that during meetings with the BVI Premier and his colleagues he discussed such matters as good governance, financial management and economic planning in keeping with the White Paper issued by the British Government. He said: "I have had some extremely good discussions with the Premier and his Ministers and others in my short time here in the BVI. I have been impressed by the progress that is being made in responsible and prudent financial management in the fact that the Financial Management Act has been passed and the procurement processes are now in tune with international standards and that is a sign of a very progressive and determined Government."

Mr. Simmonds also had a private conversation with the Opposition Leader Hon. Ralph T. O´Neal. The Opposition continues to talk about the restrictive nature of the protocols, and about the need for their renegotiation. However, Mr. Simmonds considers the protocols are right, and should not be renegotiated.

After visiting the British Virgin Islands, the UK Minister departed for Anguilla.

BVI and Grenada arrange for leadership summit

The Premier of the British Virgin Islands Dr Orlando Smith, and the Prime Minister of Grenada Tillman Thomas will co-host a summit of political and business leaders of the Caribbean region, which will be held in May 2013, on Necker Island, BVI. The summit will bring together leaders from ten Caribbean islands, as well as leaders of global private sector. It is expected also that at the end of the summit a government leaders declaration will be signed.

Last week, summit organizer Sheldon Cohen, director of external affairs, Caribbean Program, of The Nature Conservancy, visited Grenada to have a meeting with environment officials in order to make preliminary arrangements. Probably, as a result of Grenada’s participation in the summit, significant financial resources are to be used to conserve the coastal and marine environment and to support such sectors as tourism and fisheries.