Offshore Financial Centers and Regulatory Competition

by ; ; ; ; ;
Format: Hardcover
Pub. Date: 2010-06-16
Publisher(s): AEI PRESS
List Price: $78.00

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Summary

Offshore financial centers (OFCs) have a troubled reputation for enabling tax evasion, money laundering, autocratic looting, and even the financing of terrorism-but they play an essential role in the world economy. Fears of criminal activity have prompted many onshore governments to restrict offshore competition, but over-regulating OFC activity presents a serious risk of destabilizing the global financial system. In Offshore Financial Centers and Regulatory Competition, a group of leading international law and finance experts argues that offshore jurisdictions have become key players in corporate finance and captive insurance markets. OFCs offer legal protections for financial privacy and provide regulatory competition to onshore jurisdictions, forcing national governments to evaluate and reform their own tax and regulatory policies. Offshore centers also help to streamline foreign direct investment and create growth opportunities for countries with weak financial systems by providing access to global capital and sophisticated courts. As the ongoing financial crisis produces new regulatory regimes aimed at eradicating money laundering and other white-collar crimes, Andrew P. Morriss and his coauthors contend that legitimate offshore competition must be allowed to flourish. OFCs are no longer the shady tax havens portrayed in popular media, and onshore governments must recognize and protect their important contributions to the global economy.

Table of Contents

Introductionp. 1
Offshore Finance and Onshore Markets: Racing to the Bottom, or Moving toward Efficient?p. 8
The Critics and the Supporters of Offshore Competitionp. 10
Modern Offshore Financep. 13
A Review of the Controversyp. 17
Offshore Finance Benefits Onshore Regulatory Regimes and Investorsp. 18
Public Choice: Sources of Opposition to Regulatory Competitionp. 26
Conclusionp. 27
The Legitimacy of the Offshore Financial Sector: A Legal Perspectivep. 30
The Context of Offshore Legal Rulesp. 31
Tax Issuesp. 33
Confidentialityp. 35
Offshore Trustsp. 39
Conflict of Lawsp. 45
Copycat Supportp. 47
Conclusionp. 48
Regulating Tax Competition in Offshore Financial Centersp. 50
International Income Taxationp. 51
Defining Tax Competitionp. 53
Arguments for Regulating OFC Tax Competitionp. 57
Arguments against Regulating OFC Tax Competitionp. 61
Regulating International Tax Competitionp. 66
Directions for the Futurep. 69
The International Monetary Fund and the Regulation of Offshore Centersp. 74
The International Monetary Fund and Harmful Tax Practicesp. 74
The IMF and Prudential Supervisionp. 76
The IMF and Money Laundering and Terrorism Financingp. 88
Recent Developmentsp. 99
Some Conclusionsp. 100
The Role of Offshore Financial Centers in Regulatory Competitionp. 102
For What Do Jurisdictions Compete?p. 105
Competition among Jurisdictionsp. 112
The Rise of Competition and the Role of Offshore Jurisdictionsp. 123
The Impact of Regulatory Competitionp. 139
Conclusionp. 144
Notesp. 147
Indexp. 185
About the Authorsp. 197
Table of Contents provided by Ingram. All Rights Reserved.

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