International Privacy and Security
for 21st Century Global Citizens
by the InvestorsOffshore Editorial Team, September 2011
IMPORTANT WARNING: The
contents of this report have been compiled in good faith by Investorsoffshore.com
to provide assistance to investors, but do not constitute investment
advice or recommendations. Investors should not rely upon the information
given in order to choose types or routes of investment but should make
their own independent enquiries before making choices. Investorsoffshore.com
has taken reasonable care in researching and presenting the information
herein but makes no representations as to its accuracy and accepts no
liability for actions taken or not taken as a result.
Privacy And Security For Expats
If you are an expat living in any of the world's favourite destinations
such as Malta, Cyprus, the Bahamas or Mauritius and you should ever
— heaven forbid! — enter a bar, you'll quickly hear scuttlebut
about people returning home to, as it may be, Canada, the UK or Moscow,
dissatisfied with the exchange rate, the lack of rainfall or the medical
facilities. Well, don't believe everything you hear: although the debt
crisis in 2009 did have some impact and may have hurt some people who
had overstretched themselves financially, survey after survey continues
to show that most expats are happy where they are, and that more and
more people are planning to make the move abroad. The most recent such
survey, in August 2011, showed that up to 90% of expats are planning
to stay just where they are — abroad!
But in a world in which privacy and security, whether personal or financial,
are under ever greater threat, expatriates and globetrotters face major
challenges in the 21st century. Although international mobility brings
unique opportunities, it can also sometimes bring unique problems, and
in this month's special feature we will be looking at services which
can help you to protect your privacy both online and off, and measures
that you can take to protect yourself against the multiplicity of threats
to your security.
No more than fifteen years ago, it was still possible to have a numbered
bank account, a clam-tight offshore trust, and multiple passports, making
yourself and your financial dealings effectively invisible to tax authorities,
creditors and vengeful ex-spouses. Although many people used such techniques
to maintain their privacy in all innocence, it has to be admitted that
many others were attempting - often successfully - to escape legitimate
claims on their wealth.
How times have changed! First of all, in the early years of the century,
in response to what they saw as a mountain of tax evasion, the world's
larger high-tax countries, grouped together in the OECD and its counterpart
the Financial Action Task Force (FATF), attacked the free-wheeling world
of offshore for its lack of transparency and low tax rates. In parallel,
the emergent threats of drug-dealing and terrorism were met with a battery
of regulatory controls directed against 'money-laundering' and 'terrorist
financing', both from individual countries (eg the Patriot Act in the
USA) and from the multilaterals: the UN, the IMF, the EU, the OECD and
the FATF among others. International associations of countries such
as the Egmont Group have sprung up to police the cleaned-up world that
is resulting.
At the end of 2008, in response to growing pressures on the tax-take
during the current economic downturn, the OECD started another campaign
against 'offshore', and in April, 2009, following a G20 London Summit
which made stamping out unco-operative 'tax havens' a high priority,
the OECD issued a further set of lists (white, grey and black) of offshore
jurisdictions based on their open-ness to exchange of information, with
the threat of international sanctions hanging in the air. Since then
most of the remaining 'secrecy' destinations have rushed to enter Tax
Information Exchange Agreements (TIEAs) with OECD countries, or to include
equivalent wording in their tax treaties.
In January, 2010, the OECD held a triumphant media briefing to celebrate
the fact that it had obtained 100% commitment from 'tax havens' and
other types of jurisdiction to its standards on tax transparency and
effective exchange of information. Since the April 2009 G20 London Summit,
almost 300 tax agreements had been signed to meet OECD standards; all
OECD and G20 countries were already committed to these standards. Of
the more than 40 offshore financial centres identified as 'tax havens'
in 2000 all but six now had one or more agreements which met the standards,
and even those six were making progress towards the OECD's desired outcome.
The OECD listed 63 jurisdictions that had 'substantially implemented
the internationally agreed tax standard'. 23 jurisdictions had committed
to the internationally agreed tax standard, but had not yet substantially
implemented it, as follows: Andorra, Anguilla, Bahamas, Belize, Cook
Islands, Dominica, Grenada, Liberia, Marshall Islands, Montserrat, Nauru,
Niue, Panama, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines,
Vanuatu (all labeled 'tax havens'), Brunei, Costa Rica, Guatemala, Malaysia,
Philippines and Uruguay (not so labeled).
By August 10, 2011, only Montserrat, Nauru and Niue, Guatemala and
Uruguay remained on the OECD 'grey list' of jurisdictions which had
committed to the internationally agreed tax standard, but had not yet
substantially implemented it.
The internationally agreed tax standard, which was developed by the
OECD in co-operation with non-OECD countries and which was endorsed
by G20 Finance Ministers at their Berlin Meeting in 2004 and by the
UN Committee of Experts on International Cooperation in Tax Matters
at its October 2008 Meeting, requires exchange of information on request
in all tax matters for the administration and enforcement of domestic
tax law without regard to a domestic tax interest requirement or bank
secrecy for tax purposes. It also provides for extensive safeguards
to protect the confidentiality of the information exchanged.
In the US, with a Democratic president and a Democrat-dominated Congress,
there has been a raft of offshore- and expat-unfriendly legislation.
Foreign bank account reporting for US citizens was substantially expanded
under proposals issued in October 2009 which became law as part of the
HIRE Act in March, 2010.
The Foreign Account Tax Compliance Act, introduced into both chambers
of Congress on October 27, blended proposals included in President Obama’s
2010 budget as well as Senator Carl Levin's 'Stop Tax Haven Abuse Act'
and draft legislation published by Senate Finance Committee Max Baucus
earlier in the year.
Under the new bill, foreign financial institutions, foreign trusts,
and foreign corporations are forced into providing information about
their US account holders, grantors, and owners.
The Foreign Account Tax Compliance rules:
-
Impose a 30% withholding tax on payments to foreign
financial institutions and other entities unless they acknowledge
the existence of offshore accounts to the IRS and disclose relevant
information including account ownership, balances and amounts moving
in and out of the accounts;
-
Require individuals and entities to report offshore
accounts with values of USD50,000 or more on their tax returns;
-
Extend the statute of limitations to 6 years when
offshore accounts are unreported or misreported (the current statute
of limitations on tax audits is 3 years);
-
Require advisors who help set up offshore accounts
to disclose their activities or pay a penalty;
-
Require electronic filing of information reports
about withholding on transfers to foreign accounts to enable the IRS
to better match reports to tax returns;
-
Strengthen rules and penalties with regard to foreign
trusts, including rules to determine whether distributions from foreign
trusts are going to US beneficiaries and reporting requirements on
US transfers to foreign trusts;
-
Clarify the definition of outgoing US dividend payments
that are received by foreign persons so they cannot be disguised as
other types of distributions in an effort to avoid US taxes.
The bill was introduced in the Senate by Baucus and Sen. John Kerry,
and in the House of Representatives by Reps. Charles Rangel and Richard
Neal. Rangel predicted that the bill would make banking secrecy "a
thing of the past".
Although the privacy of individuals was not the overt target of all
this activity, the reality is, at least at a financial level, that privacy
has gone and will never come back, unless you are an out-and-out criminal
prepared to conduct your whole existence outside the law. Numbered bank
accounts have gone; banks everywhere now work under very strict rules
requiring them to 'know their customers' and to monitor movement of
any significant amount of money; similar rules apply to other types
of business which handle cash such as estate agents and jewellers; TIEAs
which allow for swapping of previously secret financial information
in a wide range of circumstances are becoming the norm between countries
(especially between high-tax and low-tax countries); courts in the USA
and the UK have forced the banks and credit card companies to divulge
the names of their offshore customers; and the EU's Savings Tax Directive
has introduced a continent-wide system of income reporting.
Proposals from the EU to tighten up and extend the Savings Tax Directive
were published in October, 2008, and there will no doubt eventually
be a tighter regime for banking and savings instruments in Europe, 'tighter'
meaning more transparent and less easily escaped. A meeting of the EU's
Ecofin Council (the bloc's decision body for financial regulation) in
January, 2010, failed to make any progress on revisions to the Savings
Tax Directive, but bundled them up with two other initiatives, an anti-fraud
agreement with Liechtenstein, and an extension of automatic exchange
of information in cases of alleged tax fraud. The Commission's key proposals
include a change in the definition of a Paying Agent to include foreign
branches of banks who have headquarters within jurisdictions covered
by the Directive, eg the Singapore branch of a UK bank, a change in
the definition of beneficial owner to catch private companies if their
ultimate owners are individuals resident in the EU, and the settlors
of many types of discretionary trust if they are EU-resident, the inclusion
of individuals who receive income through partnerships, and a broadening
of the definition of interest (returns on savings) to include non-UCITS
funds, unregulated funds, derivatives comprising or based on interest
e.g. structured products, baskets, certificates and interest swaps.
For its part, the European Parliament has piled Pelion on Ossa by significantly
toughening up the Commission's already near-impossible demands, and
most contentiously of all by including a 2014 termination date for those
countries which still apply a withholding tax. In July 2011, the European
Commission asked the Council for authorization to begin negotiating
changes to savings tax agreements signed in 2004 by Switzerland, Liechtenstein,
Monaco, Andorra and San Marino, but it is a certainty that countries
such as Switzerland and Liechtenstein will resist many of these proposals
to the death, and it will be many a long year before any change takes
place to the Directive, except of course that the rate of withholding
tax rose to a swingeing 35% in July 2011 under the existing rules for
those few countries that still apply it.
It used to be that people could carry large amounts of cash when travelling,
but that loophole is rapidly being plugged as well. A new European Union
law obliging travellers to declare cash came into force in 2007. It
was introduced to help combat money laundering, says the UK's HMRC.
Since 15 June 2007, people who are either entering the EU from a non-EU
country, or are travelling from an EU to a non-EU country and are carrying
10,000 Euros or more (or the equivalent in other currencies) are required
to declare the cash at the place of their departure from, or arrival
in, the EU. In the case of the UK, the rules are enforced by HMRC.
Forms on which to make the declaration are available at ports or airports
and are downloadable from the HMRC internet site. Travellers face a
penalty of up to GBP5,000 if they fail to comply with the obligation
to declare, or provide incorrect or incomplete information. Dave Humphries,
Head of Criminal and Enforcement Policy (HMRC) said: "The declaration
system is one means of providing information to assist HMRC in targeting
movements of criminal cash more effectively."
The EU cash declaration scheme derives from European Parliament and
Council Regulation No. 1889/2005 and came into effect in all EU Member
States on 15 June 2007. "Cash" not only means currency notes
and coins but also bankers' drafts and cheques of any kind (including
travellers' cheques).
The declaration form is produced with a carbon backed top copy so as
to allow travellers to have a duplicate, which officers of HMRC may
ask them to produce as evidence of having made a declaration. HMRC officers
do not detain properly declared cash if they have no reason to doubt
its legitimacy. However, cash may be seized under the Proceeds of Crime
Act 2002 if an officer has reasonable grounds to suspect that it is
either the proceeds of, or is intended for use in, unlawful conduct.
So what is left for an honest traveller who just doesn't like being
snooped on and doesn't trust the police, the customs officials or the
bank manager not to give or sell their personal details to a criminal?
It doesn't even require evil intent on the part of a bent official or
a jealous mistress: the newspapers are full of stories of bank computer
records being found in dustbins or on the backseats of taxis or nuclear
button codes left on restaurant tables. How can you protect yourself?
After a disaffected member of staff stole customer records from a prominent
Liechtenstein bank, the tax authorities in Germany, France, the UK and
the USA have had a field day chasing down their errant citizens with
illicit accounts in Liechtenstein. 'Receiving stolen goods', you will
say, and indeed it was - but you can't put a country in prison! In August,
2010, Germany was ruminating on a new law making it legal for its government
or those of its provinces to buy and make use of the steady trickle
of CDs emanating from 'low-tax' destinations.
Although it is getting more and more difficult, in this feature we
will look at some options that are still on the table for someone who
still wants to preserve their privacy.
Banking Secrecy And Asset Protection
Although, as we have seen above, banking privacy has been severely
dented, and the situation is getting worse all the time, there are still
jurisdictions which are holding out against the massed tax inspectors
of the Western World. Banking secrecy and asset protection remain worthwhile
both to domestic and internationally mobile citizens for a number of
reasons, which could include:
-
Protection of your assets against frivolous litigation,
particularly if you work in a high-risk occupation such as consultancy,
the legal or medical profession, or if you are a landlord or company
director.
-
Protection of assets against punitive taxation levels
in your country of residence or domicile.
-
Estate tax planning purposes. Banks and professional
international organisations in offshore jurisdictions (see the Services
Directories in our jurisdiction sites on www.lowtax.net)
can help you tailor an asset protection plan to your personal needs.
For those expatriates merely looking to protect their assets and preserve
their financial privacy as far as is legally possible, the new kyc and
reporting regimes are an annoyance, and can be seen as an infringement
of privacy, but in actual fact, are not as much of an obstacle as has
been previously suggested. It is important here to draw a distinction
between 'tax evasion' and 'tax avoidance' in order to explain this.
For the vast majority of the world's population, the action of moving
assets offshore, or of setting up an offshore bank account, is not illegal.
It becomes illegal, however, when assets which clearly belong to, or
originate from, a resident in a high tax country are not declared for
taxation purposes in their country of residence. Any assets over which
you have control, whether domestically, or in an offshore jurisdiction,
are usually liable for taxation.
However, utilising the different structures available in various offshore
jurisdictions, it is often possible to establish a structure whereby
at least a portion of your international assets and earnings are not
taxable at the same punitive rate. However, proceed with caution…There
are a great many structures on offer, both in high tax countries and
offshore which have proven ineffective in sheltering income and assets
against tax and other threats. It is therefore essential that before
you establish any kind of offshore banking or asset protection arrangement,
you take advice from a qualified and independent financial advisor with
experience in international financial affairs.
Although as previously stated, some offshore jurisdictions have been
obliged to amend their banking secrecy legislation in order to avoid
recriminations from international agencies (mainly composed of Western
industrialised high tax nations, unsurprisingly enough), changes (such
as the widespread introduction of 'Know Your Customer' rules) have principally
been made in the area of information exchange in the case of clearly
proven money laundering or tax evasion activities, while the basic tenet
of privacy and protection for legitimate clients has been maintained
in the vast majority of cases.
Banking secrecy in Switzerland, still far and away the leading jurisdiction
for wealth management, seemed seriously under threat in 2009 as a result
of the UBS affair, but by now can be seen to have survived, bloodied
but unbowed. In August, 2010, the IRS said that it may drop a lawsuit
against UBS after the Swiss government announced on August 26 that it
had concluded its examination of approximately 4,450 UBS clients accused
of evading US taxes. The IRS announced in a statement that based on
information received from the Swiss federal government, it anticipates
being able to "withdraw the John Doe summons this fall." The
US authorities had originally sought the names and details of 52,000
clients of the bank.
In a move to quash longstanding tax disputes between the German government
and Swiss financial institutions, the governments of Germany and Switzerland
on August 10, 2011, concluded negotiations on tax issues and initialled
a framework for the future taxation of funds deposited in Switzerland
by German residents.
Under the terms of the agreement, persons resident in Germany can retrospectively
tax their existing banking relationships in Switzerland either by making
a one-off tax payment or by disclosing their accounts. Future investment
income and capital gains of German bank clients in Switzerland will
be subject to a final withholding tax, and the proceeds of this will
be transferred to the German authorities by Switzerland.
The text of the agreement the Swiss government said, “not only
respects the protection of bank clients' privacy, but also ensures the
implementation of legitimate tax claims. Both sides acknowledge that
the agreed system will have a long-term impact that is equivalent to
the automatic exchange of information in the area of capital income.”
Future investment income and capital gains should be directly covered
by a final withholding tax. The single tax rate has been set at 26.375%.
This is in line with the current flat-rate withholding tax in Germany.
The final withholding tax is a tax at source. After it has been paid,
the tax obligation towards the country of domicile will generally have
been fulfilled.
Hot on the heels of the deal between the German and Swiss authorities,
the Swiss have initialed a landmark deal with the UK, which will permit
the taxation of funds held by UK residents in Swiss bank accounts. It
is expected that the agreement will enter into force from the beginning
of 2013.
Like the German deal, once implemented, the agreement will permit UK
residents to retrospectively pay tax on existing bank relationships
in Switzerland, either by making a one-off tax payment or by making
a full disclosure of their banking affairs to UK authorities. The anonymous
lump sum payment will apply providing that the account in question was
open on December 31, 2010 and remains open on May 31, 2013. Tax will
be charged at a rate between 19% and 34%, dependent on the assets in
question and determined by both the duration of the client-bank relationship
and the initial and final amount of capital held in the account. According
to the UK Treasury, this will settle all income tax, capital gains tax,
inheritance tax and VAT liabilities related to the funds in question.
In addition, the agreement provides for a final withholding tax to
be levied on any future investment income and capital gains of UK bank
clients in Switzerland. A 48% tax will be charged on investment income,
with 27% levied on capital gains. Once again, this payment will satisfy
all UK liabilities on income and capital gains, and will not apply if
the taxpayer offers HMRC a full disclosure. Crucially, the deal also
permits the UK to submit information requests to Swiss authorities,
with the aim of preventing the future deposit of undeclared funds. Any
such requests must be made in the context of a safety mechanism, which
will state the name of the client, but not necessarily that of the bank.
A limited number of requests will be allowed each year (up to 500),
and the Treasury says this agreement goes further than the information
exchange provisions of the existing double tax treaty.
The Swiss themselves remain strongly attached to banking secrecy. In
March, 2010, the Swiss Bankers Association published a survey that shows
resounding opposition to Switzerland’s move towards increased
transparency and information exchange with regard to bank account deposits.
Survey respondents were strongly in favour of maintaining the protection
of their privacy in financial matters (89%) and retaining bank-client
confidentiality (73%). Moreover, a good 70% object to the automatic
exchange of information with foreign tax authorities.
Respect for financial privacy among the Swiss population remains very
strong, despite or perhaps because of the ongoing debate about bank-client
confidentiality. 89% believe that bank clients' financial details must
be protected from third parties. Bank-client confidentiality also continues
to receive strong support: 73% (2009: 78%) think that bank-client confidentiality
should be maintained. 70% believe that Switzerland should not give in
any further to European pressure on bank-client confidentiality and
oppose an automatic exchange of information with foreign tax authorities.
It should be noted that the government's efforts to defend bank-client
confidentiality were rated significantly lower than the previous year
(40% believe that the government does not make enough effort, while
11% think that the government makes too much effort). As a result, there
are serious doubts about whether bank-client confidentiality will still
take the same form in five years' time.
Second Passports - Why You Need One…
There are a multitude of reasons why obtaining a second passport may
be the best move that you ever make. When talking about passports, what
you are essentially discussing is citizenship and this is something
which should ideally be discussed with internationally qualified consultants,
such as Henley & Partners
for example. Many people live quite happily their whole lives as citizens
of the country in which they were born. Others build up 'passport portfolios'
which allow them to travel, invest, and minimise taxes to their best
advantage. Which lifestyle you choose is up to you. However, if any
or all (you poor thing!) of the following apply, you might want to consider
obtaining a second citizenship as a very real possibility:
-
Political instability in your country makes obtaining
visas for travel difficult or impossible
-
Your assets are at risk of litigation
-
The tax burden in your 'home' country is unnecessarily
high
-
Your present passport may put you at risk from hijackers
and terrorists while travelling
-
You are subjected to punitive currency controls
-
Your freedom to work, invest, and purchase property
where you choose is restricted by your current citizenship
As you can see from the above list, not only could a second passport
prove useful in terms of making your life easier and protecting your
assets, but if you come from a high-risk country, it could even save
your life. But how do you go about getting one?
There are several legitimate ways of obtaining a second passport (and
some not quite so legitimate, about which more later). Front door programmes,
sometimes also known as 'white glove' programmes, offer immigration
and second citizenship through recognised and established channels and
legislation which can be checked and verified. The advantages of obtaining
a passport in this way are that you can be sure you will receive the
genuine article (and with it all the benefits of citizenship in the
country). However, the process can be long-winded, bureaucratic and
expensive, and some of the 'white glove' countries may not permit you
to retain dual citizenship.
The second possibility for those interested in a slightly more flexible
way of obtaining a second passport is the discretionary route. Several
countries have recognised and established programmes whereby those who
invest a set amount in the local economy become eligible for economic
citizenship, other factors notwithstanding. However, this is an area
in which you must proceed with extreme caution, as although some of
the programmes to be found on the internet and via other mediums are
100% genuine, the legitimacy of others is not assured.
If you are caught travelling, trying to open a bank account, or something
similarly naughty, with a fake, stolen, or 'under the table' passport,
you are likely to find yourself in a great deal of trouble, whether
you were aware of the fact or not.
As previously stated there are a great many fraudulent 'instant citizenship'
schemes available, which are neither legal, nor official, and are worth
less than the paper that they are printed on.
Surprisingly few countries (the Commonwealth of Dominica and St Kitts
and Nevis, Belize until 2003, and Ireland until 1996) actually have
a clearly defined statutory economic citizenship programme currently
in operation that issues second passports to qualifying investors. Austria
also issues passports in return for substantial investment, but this
is not a statutory programme as such. This is not to say that it is
not possible to obtain a second passport in countries other than those
mentioned, but except in exceptional circumstances, you will be forced
to go down the longer-winded, front door route.
So before you part with any money, or become otherwise involved in
a second passport scheme, you need to make sure that the government
of the country to which you are applying to become a citizen knows and
approves of it, and is prepared to offer all the benefits of citizenship
to participants in the scheme. Otherwise, it may just end up as a costly
and possibly legally damaging waste of time.
Electronic Money
There are two problems about having money: you have to keep it somewhere,
and you have to move it in order to spend or invest it. Once upon a
time, you could keep it securely and privately in a bank; and you could
move it by putting it in a suitcase and getting on a plane. As we have
seen, the physical transport of cash is rapidly becoming a no-go area,
in addition to the security risk; and the banks can no longer be trusted
to keep your affairs private. In addition, banks are extremely bad and
horrendously slow and expensive at making international money transfers.
Why this should be in an electronic age is one of nature's mysteries
(surely it can't be that the lovely, cuddly banks are just trying to
hang onto your money for as long as possible?)
At least in theory, and at least for a while (until 'they' catch up
with technology), electronic movement of money can bypass the current
regulatory apparatus, and if combined with storage of cash in fungible
form (dollar bills, bearer shares, bonds or certificates, precious metals,
diamonds etc) can maintain your privacy. Of course, you have to trust
the organization that is holding your assets, not only to remain solvent
and not to steal your money, but to avoid being swept up by the authorities
into the surveillance net. The problem is that any organization big
enough to be publicly trustworthy is big enough to be noticed, or even
bought by a bigger organization which is already in the network. This
is what happened to PayPal, previously under the radar, when it was
bought by E-Bay. An additional problem is that your incoming money probably
comes from a known-about source (unless you are a drug dealer, and this
article is not for you) so that there is little point in taking elaborate
precautions to veil your future use of money that is already somehow
'in the system'.
Sadly, therefore, the best advice by now is to give in, pay your taxes
and resign yourself to being known about. Still, for those who get some
grim satisfaction out of hoodwinking the authorities (strictly legally,
and just for fun, of course), electronic money transfer holds out some
remaining hope of being able to make transactions that are not within
the network operated by banks and other financial organizations that
are subject to the existing regulatory and reporting network. The unofficial
'hawala' international money transferring network fell within this definition
for a time, but has now been 'noticed' and hawala operators are rapidly
being caught up in the regulatory embrace.
E-money comes in two flavours, identified e-money and anonymous e-money.
Identified e-money carries information about its source, while anonymous
e-money is just that. Whether identified or not, e-money is known either
as 'on-line' or 'off-line'. Online e-money involves using a bank or
other intermediary in order to conduct a transaction with a third party.
Offline e-money can be used without an intermediary, eg through the
use of a card with an embedded chip (although someone has to put the
money in the chip in the first place).
The Holy Grail of e-money would be a secure system in which financial
transactions took place between parties who were known to each other,
with no chance of deception or of interception by an outside party.
(See below for a discussion of secure identity on the Internet.) Thus,
I would take money electronically from my store of it, wherever that
was, and forward it to you. Despite the seeming simplicity of such a
system, the security difficulties (and no doubt the vested interests
of the banks) have prevented it from happening so far. While we wait
for a secure solution, electronic gold offers an interesting alternative.
Electronic gold is essentially an electronic currency backed by gold
bullion, and because payments are backed by a physical commodity, the
degree of financial risk involved in holding it is greatly decreased.
The payment system allows account holders to send specified weights
of gold to other account holders, although in actual fact only the ownership
changes - the gold in the treasury vault stays put. (As a matter of
interest, there are other metals issued electronically; silver, platinum,
and palladium. However, according to brokers, the original product,
gold, remains by far and away the most popular choice).
In order to acquire e-gold with which to open your account, you will
need to engage the services of a 'cambio' or exchange, such as Gold
Now. These provide the service of exchanging national currencies for
electronic gold, silver or platinum. The range of national currencies
accepted by the exchange varies according to its location, so it is
worth shopping around if your requirements extend beyond the normally
accepted hard currencies. Each cambio sets its own fee structure, so
research also needs to be done here.
Although the online gold market is small at the moment, the increase
of globalisation has led to the need for an effectively borderless currency,
and the number of expatriates and international businesses using the
electronic currency is steadily increasing, with a growing number of
businesses accepting it as a valid payment form. Here are just some
of the reasons why:
-
Electronic gold is one of the only truly international
currencies. As previously mentioned, the need for a borderless currency
has become more pressing with the rise of globalisation, a more mobile
world population, and the advent of e-commerce. Electronic gold is
accounted by the weight of the gold as opposed to by any international
currency unit, and weight has an internationally recognised definition.
However, spends can usually be expressed in up to eight major currencies,
so you know how much you are paying. Another advantage is that online
gold as payment can be transferred to any other account anywhere in
the world.
-
Payments are instantaneous. Although the internet
has the communications capability to allow for real time settlements
online, this is rarely, if ever, the case, as noted above.
-
There is no limitation (upper or lower) on the size
of the payments that can be made, although the charge per spend does
usually vary according to size.
As you can see, then, all of these factors combined make e-gold an
attractive proposition for expats. However, a factor which is often
overlooked in the discussion of the risk free nature of e-gold is that
although it is always backed by a physical commodity, and is therefore
free from the financial risk factors inherent in national currencies
since the abandonment of the 'gold standard', it is not free from exchange
rate risk. As with any currency, electronic or otherwise, the value
of e-gold relative to other currencies can (and does) rise and fall.
The overwhelming majority of websites dealing with the issue of e-gold
(for example service providers, exchanges, brokers, and directories)
provide up to date exchange rate information so that you can monitor
this.
One of the major pluses with online gold is that payment is secure
and private. Electronic gold account providers, brokers and exchanges
have mostly chosen to locate themselves in offshore jurisdictions in
order to afford their customers greater financial privacy. This factor,
combined with the newness of the technology, has led to concerns that
e-gold could be used for purposes such as money laundering and tax evasion.
However, at both ends of the process, e-gold brokers and the custodians
of the bullion have tried to ensure that this is not possible. Gold
money is simply a payment system for bullion already within the system,
which comes from banks and bullion houses already regulated in terms
of 'Know Your Customer' and anti-money laundering requirements, which
ensures that any gold which comes into the system is by definition 'clean'.
At the other end of the process, the vast majority of e-gold brokers
will require basic information such as name, address, telephone number,
e-mail address, etc. Given the inherent nature of the internet, strong
security and privacy, and sometimes 'pseudonymity' are possible, but
total anonymity is not, as transactions will almost always be recorded,
keeping an audit trail which could be retrieved if evidence of criminal
activity was presented.
Considered simply as a store of value, and a means of making payments,
an e-gold provider is not different from a bank. The difference however
stems from the fact that this is a relatively new, and so far fairly
small financial sector, so that it has not attracted the regulators'
attention in the way that mainstream financial institutions have.
The relative smallness of the e-gold sector also means that any given
counter-party is not likely to be on the e-gold network. The industry
therefore has a critical mass problem, and has not so far been able
to solve it. If you want to have transactions with a limited number
of counter-parties, and you can persuade them to open e-gold accounts,
then it could be a worthwhile solution for you.
Online Security - Sensible Measures…
The whole subject of safe electronic communication is one of course
of particular interest and importance for expats and other frequent
international travellers, who are by definition separated from their
families, colleagues and friends for long periods at a time.
As virus attacks and the resultant panic when computer users realised
that personal documents were being attached to infected e-mails demonstrated,
security and privacy are issues of growing concern in the 21st century,
with a particular focus on online security. Many people assume that
their online activities and personal information will be safe while
they are surfing the web or sending e-mail. However, sadly, this is
not the case.
Sending e-mails, for example, is a hotbed of risks and unwanted intrusions
for the privacy minded surfer. All electronic messages are sent through
a system of routers and servers, are logged at various points along
this path, and may even be stored on back-up systems. It is these storage
points that are the weak links in the chain, as it is here that personal
messages, business transactions, and credit card details can potentially
be retrieved by someone other than the intended recipient.
One possible way around this is encryption, using a service such as
Hushmail, which is a method of
scrambling an e-mail message so that it is incomprehensible to anyone
without the key to unlock the code. It uses mathematical formulae and
the computing power available on your computer desktop to scramble or
code information. At present, the state of the art is 128-bit encryption,
which has been judged by experts as likely to remain unbreakable for
the foreseeable future.
Having said that, however, 64 bit encryption, which was used until
just a few years ago for important international transactions is now
judged as vulnerable to the focussed efforts of organised crime and
unscrupulous hackers. So these things move on. (As does the US government,
which has recently moved on to even higher levels of encryption for
high security traffic). However, for individuals — assuming here
that you are not a secret agent — various encryption programmes
which are strong by today's standards are available on the internet,
and there are several designated providers of encrypted e-mail services.
However, because encryption services prevent unauthorised access to
e-mail correspondence law enforcement agencies, particularly in the
United States have expressed concerns about their use, and have asked
that legislation be enacted to force programmers to create a 'back door',
whereby encrypted e-mail can be deciphered. The legal status of this
technology is still unsettled.
Other online concerns include the widespread use of 'cookies' which
are deposited by many websites on your hard drive, and store information
about your visit so that when you return to the site, the cookie data
will reveal that you've been there before. These can also collect records
of your browsing patterns, indicating your interests, which may create
the potential for junk e-mail, or other unwanted marketing intrusions.
Alarmingly, some web browsers are also programmed to transmit the user's
e-mail address to each site visited. So what can you do to protect your
privacy online?
Although there are obviously no guarantees, it may well be worth investigating
in encryption software such as Pretty
Good Privacy (PGP, now part of Symantec), or encrypted e-mail services
if you are concerned about the security of your e-mail communications.
There is also software available for download or purchase on the internet
that can reduce your vulnerability to prying eyes. However, here are
a few tips that could help you protect your privacy online in the interim:
-
Sounds obvious, but never keep your password (whether
for your online bank account or your e-mail account) near your computer
or stored on your hard drive. And don't make it easy to guess…
-
Before using any online service, check its privacy
policy. In response to pressure from consumers and government agencies,
the vast majority of commercial websites now post their information
collecting policies on site.
-
Assume that your communications are not private unless
you are using powerful encryption software.
Longer term, the solution to maintaining privacy on the Internet and
the integrity of your identity is, perversely, to be more open, but
only to a selected group of your friends, family or colleagues. The
early signs of this trend can be seen in 'white lists' and 'private'
social networking sites on which the technology used in virtual internet
communities is applied to only a small, protected group of like-minded
individuals. Communication therefore becomes deeper and safer at the
same time.
Online Security - Just Plain Loopy…
There are a number of sensible precautionary measures, such as those
mentioned in the last section, which are justified and justifiable in
the name of protecting your personal and financial privacy online.
However, a level of paranoia unseen outside of the secret services
sometimes pervades online security websites, and there are a number
of tools on offer which are just plain scary. These include software
programmes which encrypt your history files, and browser 'washers',
which delete history files, cookies, and cached temporary internet files,
and overwrite deleted files until they are unrecoverable, as well as
a multitude of other unsavoury tools. Probably best left alone unless
you are a) conducting industrial or international espionage, b) terminally
paranoid!
Offshore Credit Cards
Offshore credit cards can be obtained either as an additional service
when you open an offshore bank account, as part of an offshore incorporation
package, or as a standalone service, depending on your needs and circumstances.
There are traditionally three different types of offshore card:
-
Offshore Debit Card. With an offshore debit card,
as with its onshore equivalent, you may spend only the money which
is in your account.
-
Secured Offshore Credit Card. With a secured card,
there are actually two separate accounts established: one which holds
the security deposit which guarantees the card; and the actual credit
card account. The amount of the required security deposit will vary
from institution to institution, and will also of course, depend on
your required credit line. This is by far and away the most common
type of offshore credit card.
-
Unsecured Offshore Credit Card. This type of card
(in theory at least) works in a similar way to its onshore counterpart.
You spend the money on credit, the credit card company trusts you
to pay it back. There are countless websites and unscrupulous providers
on the internet, purporting to offer offshore unsecured offshore credit
cards for a relatively small amount. However, in reality, you are
unlikely to be offered an unsecured card by a legitimate offshore
institution unless you are an old, valued, and wealthy customer. Although
there may be some legitimate opportunities for expats to obtain unsecured
cards legitimately and cheaply, it is certainly true that the majority
of such offers are scams, designed to part you from between $150-$500
for a card which never arrives.
Offshore credit and debit cards can offer added financial privacy and
security for an expat or international traveller, and can be obtained
from numerous organisations, such as The Sovereign Group. In some cases
the identification requirements to open an account are less stringent
(although this varies between providers, and even between products,
so shop around). It is sometimes possible to obtain a numbered card
(which will leave your financial actions less open to prying eyes),
or to open an account via an offshore company, or even as part of the
offshore incorporation procedure.
Offshore credit cards, in common with their onshore counterparts, offer
convenience of use, as they are widely accepted, and you can often access
any funds kept offshore via an international network of ATM machines.
Although you will rarely (if ever) obtain vastly inflated returns on
money held in an offshore credit card account, you can sometimes find
providers who offer interest rates slightly above the onshore level.
However, obtaining an offshore bank account and/or credit card does
not mean that you can get away with evading taxes, as a number of US
citizens found to their cost in 2002 when the IRS obtained permission
to request American Express and MasterCard to hand over transaction
details from the offshore bank accounts of US citizens whom they suspected
of practising tax evasion. Funds held or controlled by a resident in
a high tax country will usually be liable for taxation there.
Are There Any Disadvantages?
Not disadvantages, more factors to bear in mind if you decide that
an offshore credit card is for you. Offshore credit cards, like so many
offshore services, can be slightly more expensive to obtain and use
than their onshore equivalents, due to the more labour intensive (on
the part of the issuing institution) and protective nature of the service.
Therefore, if you are in one location for any length of time, for example
for work purposes, it may be worthwhile opening a domestic bank account
or obtaining an onshore credit card for day to day expenses and remittances.
Another important point to remember is that although in the interests
of financial privacy it is desirable to give as few personal details
as possible, this lays you open to the danger that if lost, someone
else could use your card. This is especially the case with numbered
offshore credit cards, so if you decide that this is the way to go,
keep a tight hold on your wallet if you don't want someone else to go
on a spending spree at your expense!
Virtual Offices And Mail-drops
If you are self-employed, travel a lot for work purposes, and/or are
concerned about your personal and financial privacy, then a virtual
office or maildrop service, such as those listed at http://www.buildfreedom.com/portal/category.php/34
may prove very useful to you. Some clients prefer to deal with an organisation
or company with a professional presence, and although virtual offices
and maildrop services do not often provide you with a physical presence,
they can sometimes act as reassurance.
There are many service providers in this area, and they usually offer
one or a combination of the services detailed below:
-
Mail reception. If you are unsure of your movements
at a given time, or would rather that your correspondence address
was in a prestige location, many companies will either receive mail
on your behalf and forward it on to you, or will hold it in safekeeping
until you collect it personally.
-
Remailing. Useful if, for whatever reason, you would
rather that your actual location not be revealed. You address and
send your correspondence in a large envelope to the operator of your
mail-drop, who then stamps it locally and mails it on individually
to the intended recipients.
-
Telephone and fax answering services. There are plenty
of mail-drop providers who offer a telephone answering service and
fax number as part of their packages, and there are also services
known as 'unified messaging services' whereby incoming telephone messages
are forwarded to you via e-mail, although this is a relatively new
service, and therefore less common. Whether you choose the high tech
or low tech route, the advantages remain the same- a reassuringly
professional image presented to clients and colleagues, privacy protection,
and a reliable way to receive your messages, wherever you happen to
be.
-
E-mail services. Nowadays, many maildrop providers
will also provide you with an e-mail address in order to receive secure
electronic correspondence.
Prices for these services vary according to the provider and location
of the mail-drop service, so as with the majority of privacy protection
services mentioned in this article, it is best to shop around. Although
details of the basic service are usually available on the website of
the provider, the majority of companies pride themselves on being very
client-orientated, so if you have any special circumstances or needs,
it is always worth asking if these can be taken into account.
Disadvantages and Inappropriate Uses For Mail-drops
Maildrop and virtual offices services are an invaluable tool for protecting
your financial and personal privacy, presenting a professional and efficient
face to clients, and ensuring that your mail and messages are passed
on to you regularly, no matter where you happen to be in the world.
.
However, due to the nature of the services offered, there are those
who have tried to use maildrops for inappropriate purposes such as tax
evasion, fraudulent business schemes, and defrauding legitimate creditors.
Reputable providers never allow the service to be abused in this way,
and although it is possible to use a name other than your own for the
maildrop, they will obviously need a contact address or telephone number
in order to pass on your messages, which could constitute a paper trail
in the event of proven criminal activity or wrong-doing.
Protecting Yourself
As you can see by now, there are a wide variety of privacy protection
services available for expatriates, globe trotters, international professionals
and privacy minded domestic citizens, and the rise of the internet has
greatly facilitated the provision of these kinds of services.
However, in the area of online and financial security, as with everything
else, there are plenty of scams and disreputable schemes lying in wait
to trap the unwary privacy seeking expat. Although it is desirable and
necessary to protect yourself and your financial transactions from unwanted
intrusions, don't allow this desire to cloud your judgement, leading
you into doing business with unsatisfactory or fraudulent enterprises,
or establishing offshore vehicles without first checking their legal
status in your country of residence. You should always perform due diligence
on any organisation which will be handling your affairs, or to which
you intend to hand over money, and if at all possible, obtain professional
advice before making a decision.
Other Interesting Privacy Related Links:
www.sovereignsociety.com
- Extensive and useful privacy related links section
www.ptclub.com - Links of interest
to expats and PTs, and some non-privacy related but still interesting
ideas.
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