(url: www.solami.com/oecdmandate.htm) - According to the Swiss Bankers Association press release of 29 April 2005, "Switzerland's plans to implement the FATF's revised recommendations go too far and they need to be reworked by financial professionals with practical experience." For The Economist though, mere corner cutting wont wash in light of the FATF's all-around failures & costs. It concluded: "...to curb terrorism by stopping the flows of money that sustain it, must be judged a failure. Complex and unwieldy regulations have been imposed, but are not working, indeed arguably were always misguided. They should be scrapped and resources concentrated more productively elsewhere." (see also: "Turf Wars Hinder U.S. Attack on Terror Cash, Agency Says", New York Times, 29.11.05). And if the even more fundamental question of why & on what basis is asked, the same answer becomes even more urgent. Following is the FATF's background & an outline of how best to stop this buraucratic wildcat train which is causing a universally harmful compliance pandemic.
Dedicated
to the market economy & to "the preservation of idividual liberty",
the
Organization for Economic Cooperation
and Development OECD, is "to reduce or abolish obstacles to the exchange
of goods and services and current payments and maintain and extend the
liberalisation of capital movements" (art.2, Convention).
As pointed out earlier (.../hijack.htm),
the OECD has evolved from a pro-market institution to an anti-competition,
anti-sovereignty & anti-privacy instrument
in the hands of unelected
bureaucrats. Under US influence, though, its Council of Ministers,
in 1971, explicitly prohibited it to engage in any work directed at social
& economic engineering (i.e. in "work on the use of fiscal policy
for demand management purposes",
Res.C(71)41,
§2). Yet ever since 1977, the secretive OECD
Fiscal
Committee & its Working Party #8 on Tax Avoidance and Evasion
(WP8) have found themselves able & willing to pursue their self-fabricated
mandate for "combating tax avoidance"
(Res.C(77)149(Final)).
Moreover, the WP8's French name is:
"Group de travail sur l’évasion
et la fraude fiscale". This is no accident. All related OECD publications
in fact contain misrepresentations, i.e. "tax
avoidance and evasion" is always translated into "évasion
et fraude fiscale", thus persistently & self-servingly
sowing
confusion & pretexts for liberty-eroding initiatives
& witchhunts.
These,
then, have been the
hidden forces & methods behind the
long-standing efforts at OECD, the UN
and at the EU in Brussels
to "harmonize" the tax regimes in the industrialized world. This
is being done by fighting such cleverly made-believe dangers as
"harmful
tax competition", by both fabricating & seeking to enforce
new
global taxes and anti-money laundering standards, and by
deliberately confusing illicit activities with the very linchpin
of entrepreneurial activities & the market system, i.e. tax avoidance.
All
of which calls into question the fiscal arm of the OECD
- including the Financial Action
Task Force FATF which was hastily set up in 1989 in the wake of
the OECD's defeat on its project for an Orwellian
INTERFIPOL
(Convention
on Mutual Administrative Assistance in Tax Matters). For in the
case of the FATF in particular, we are not only faced with an uncontrolled,
costly & ill-founded OECD outgrowth with its more than questionable
aims, means & effects, as even The
Economist found out belatedly (22-88 Oct. 2005). But
it consists mostly of self-appointed, myopic & mutually back-scratching
international
taxmen causing significant damage to the world's productive forces
& financial community, not least in the form of a compliance
pandemic (see
the
self-fabricated "remit", i.e. mandate substitute?!, of
the "beautifully dressed" but in fact naked Emperor).
For the loosers of the INTERFIPOL battle, without a legal basis, initially
had formulated 40 primarily self-serving recommendations on anti-money
laundering measures reaching far beyond the original domain of drug crimes.
And when they met no resistence, they extended their "remit" to mere civil
"offenses
that generate a significant amount of proceeds", shedding
even the pretence of drug or other serious crimes (ATF
IA.188/2005).
This train of particularly harmful and objectionable
aberrations of international bureaucratic lawmaking can and needs to be
stopped in its track - lest it further inspire other international bodies
in search for work & taxpayer money, and who have yet to be made appreciative
of the true costs of the administrative hassles they cause!
Ergo: replace FATF & other
bureaucratic lawmakings with self-regulatory measures!
1. by encouraging US
lawmakers to suspend the $70m/y US contribution to the OECD budget
until the OECD will have stopped, retracted & corrected all work,
links & support which are not in line with the OCED's original
intent & purpose and its Convention
(notably its Fiscal Committee's mandate,
its false translations of "tax avoidance",
and its WG8's fixture on tax avoidance, harmonization & competition),
and until the FATF will either have acquired
treaty status with effects limited to members, or be shut down;
2. by arming US &
other,
notably EU &
Swiss lawmakers with arguments & briefs
for related work;
3. by networking and publication
of corresponding contributions in suitable journals;
4. by promoting and participating
in
suitable professional meetings, i.e. the Oxford and the Cambridge
International Symposium on Economic Crime; and
5. by
denying FATF official recognition and build-up (e.g. by
replacing
ambassador with observer).