The EU's offshore list is a list that defines countries that can be poorly related to customer certification and fund transfer. Offshore accounts can use problem customers. Such a list is the so -called top layer of inspection, which gives a signal to further clarify the counterparty banks. Therefore, such a list is an EU tool in combating tax evasion and money laundering. It includes countries that stimulate tax abuses, blur the tax base of EU members.
The formation of a list of such jurisdictions allows EU countries to press on them for reforms. According to the European Commission, this time the Member States have deleted four jurisdictions-the Bahamas, Belize, the Seychelles and the Terks and Kaikos Islands-from the EU list on jurisdictions that do not cooperate in tax issues. Therefore, it still has 12 jurisdictions that have not improved the tax system or have made insufficient progress in the fulfillment of preliminary liabilities.
Among them is Russia. Recognition of the Russian offshore in the EU will significantly complicate reduction, and in some cases it will make it impossible "in fact it is a very important step, since the Russian Federation is introduced conditions for transferring property centers over businesses inside the Russian Federation to protect owners from sanctions. island areas and from other European jurisdictions with a soft tax climate re -form property in the free economic zones of Russia.
This process is called reduction. The Russian offshore recognition of the Russian offshore in the EU will significantly complicate the reduction, and in some cases will make it impossible.
This is transactions between maternal companies in European jurisdictions with a soft tax climate with the main business in the Russian Federation and its lending through maternal companies, it will also be complicated for Russians, "Vitaly Shapran, Economist, ex-member of the Council said in a commentary on focus NBU. The list that defines jurisdictions that do not meet international tax transparency and fair tax standards was created in 2016.
Getting into such a list of the list has serious consequences for the jurisdictions that are in it. "The list of jurisdictions included in the EU Black List is prepared by the EU Commission on the basis of the Global OECD Global Forum Recommendations for Transparency and Tax Information. In fact, countries that do not cooperate in fair taxation. The list is dynamic and renewed. The EU black list may be excluded from it if it introduces the necessary changes to its tax legislation and practice.
For this purpose the country must provide evidence that it meets international tax transparency and fair tax standards. That is, after the country has reached tax Justice and transparency in its national legislation, eliminated all the deficiencies identified, it is excluded from the offshore list of the EU, " - explained Focus lawyer, managing partner of AO Evrikalaw, Chairman of the NAAU Committee on Investment and Privatization Andriy Shabelnikov.
After the country has reached tax justice and transparency in its national legislation, eliminated all the identified shortcomings, it is excluded from the EU offshore list, according to a specialist, jurisdiction can be included in the EU's black list if it meets one or more of the following criteria: Today, together with the Russian Federation, the EU's Black List is: it is known that the European Union is a list of jurisdictions that do not cooperate in taxation issues, based on careful observation, monitoring, analysis and polls on the ground.
The EU makes efforts to ensure the transparency and fairness of such taxation and, if necessary, provides technical assistance to the third countries in adjusting the identified shortcomings. And for Russia it is threatened with consequences. Therefore, there is not only an increase in the tax burden on EU residents that carry out transactions with the jurisdictions made on the black list, but also measures to restrict access to EU residents to the jurisdiction markets included in the black list.
The Russian Federation is suffering from measures to strengthen control over cross -border transactions with jurisdictions made to the "black list" and enhanced tax and financial control of all offshore operations. This means that the EU tax authorities have increased the country, including the activities of companies registered in the EU's Black List, as well as enhanced banking compliance, as offshore businesses are automatically risky.
In addition, staying in the Black List means offshore offshore preferences in the EU and investing in their business residents of the European Union. Andriy Shabelnikov agrees with the opinion that the stay of the Russian Federation in the "black offshore list" is a positive news for Ukraine. "This can be explained as follows. Traditionally, the main purpose of using offshore companies is to conceal the real owner of the firm and to evade taxes.
Therefore, after this jurisdiction (Russian Federation) is relevant to the black list of EU, it will at least complicate cooperation with European ones. Banks that usually apply tight control of transactions with such companies. Practical consequences are possible difficulties with the payment of dividends of European companies belonging to Ukrainians related to any activity in the Russian Federation, "the expert added.
If Russia is in the "black list of offshore" is good, then the absence of this country of aggressor neither in "gray" nor in the "black" Fatf lists makes you think that everything will block everything immediately or stop paying profit, but operations will be checked under Evvox, entrepreneurs will be refused funding, and taxes will be forced to pay within the framework of current EU legislation.
Various restrictive measures to cooperate with companies that have been included in the EU's black list, for example, may be entered by additional taxes on dividend payment or compulsory to disclosure of the company's tax reporting, etc. In the banking sector, this may mean greater meticulousness of banks and financial institutions in carrying out the procedure of CCU, AML and transferring funds.
Banks may also require documents and explanations about the sources of origin of the funds of companies that are related to the Russian Federation. However, if Russia is good in the Black List of Offshore, then the absence of this country of aggressor in "gray" or in the "black" Fatf lists makes it think.
Do not the countries of the world see in Russia signs of money laundering and terrorism financing? "The list of offshore is updated twice a year and determines only that these funds are stamped accordingly. Globally for Ukraine it does not affect anything. More stringent requirements and restrictions should be if the country was on the FATF list, as many countries include, there, there are many countries. which finance terrorism and launders, so these restrictions would be around the world.
They would affect both Kazakh and Chinese banks. Restrictions on offshore are an internal restriction on EU. Both FATF and offshore list has no ban on offshore movement, But some banks can impose them independently. Fatf is an international organization that necessarily requires it and imposes more stringent restrictions, " - explained in conversation with focus financial analyst Andriy Shevchyshyn.
Focus has already wrote that at a plenary meeting of the development of financial measures to combat money laundering (FATF) in October 2023 the organization left valid suspension Until it is. On February 23, it became known that the financial measures for the fight against money laundering (FATF) released an extended statement about the risks that Russia is for the world financial system and continued to suspend Russian membership without introducing further restrictive measures.
According to the Ministry of Finance of Ukraine, FATF stated that "members of the organization with concern note potential risks for the international financial system, including the growing financial ties of Russia with countries that FATF counter -arms, risks of financing the distribution of weapons of mass destruction, as well as malicious. Cybertactivity and attacks of programs, "FATF also called on all states to maintain vigilance because of the above risks.
In 2023, Russia intensified the trade in weapons with Iran and North Korea, included in the FATF black list, however, according to the Ministry, the updated recommendations did not solve the problem of constant and conscious neglect of the Kremlin standards and principles of FATF from the moment of suspension of membership a year ago. "Last year, Russia has intensified the trade in weapons with Iran and North Korea, introduced on the black Fatf list.
Since December, evidence continues to appear that Russia is buying North Korean missiles for use on the battlefield against Ukraine contrary to UN sanctions, new The report that Iran sent ballistic missiles to Russia. Strengthening financial and banking with Russia provides North Korea, Iran and Myanmar, which are under rigid sanctions, an opportunity to access the world financial system, creating serious calls for Fatf and its members, "the Ministry of Finance said.
And according to the Minister of Finance of Ukraine Serhiy Marchenko, Ukraine expected more decisive action from FATF against the background of an increasing number of evidence of violations from Russia. "I congratulate the extended FATF recommendations on Russia -related risks, but lacks the appropriate response - Russia's introduction to the" black "list. Lack The gradual destruction of the international system based on the rules, ”Marchenko says.
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