Compliance
UK Turns Up Heat On Beneficial Ownership; Australia's PM Named In Panama Papers Leaks

The UK, which is hosting a two-day summit on fighting corruption, has tightened the screws on potentially dirty money, the government announced today.
"Beneficial ownershp" is rapidly becoming one of the most widely-referenced themes in global financial compliance today, as a number of fresh developments indicate.
The UK government is moving to force foreign-owned companies that
own UK property to identify the beneficial owners, as London
hosts a two-day international conference of senior policymakers
on fighting corruption.
The announcement comes shortly after a second wave of data, based
on leaked Panama-based accounts, was issued by the Washington
DC-based International Consortium of Investigative Journalists at
the start of this week. A few weeks ago, it emerged that UK prime
minister David Cameron’s late father had had a Panama-based
account, although no wrongdoing was asserted. The matter has been
embarrassing for Cameron, however, because he has championed the
notion of public registers of beneficial ownership as a way to
kill dirty money. The Panama Papers saga has also led to the
resignation of the Icelandic prime minister and caused
embarrassment for Australian prime minister Malcolm Turnbull,
although no misconduct is claimed in his case.
The conference on corruption has already caused political
embarrassment for the UK government after Cameron was recorded
talking about how countries such as Nigeria are “fantastically
corrupt”.
Foreign ownership of UK property has also become a political hot
potato not just because of beneficial ownership opacity, but
because it has been blamed, not necessarily justly, for driving
up London property prices.
In a statement, the government today said: “Any foreign company
that wants to buy UK property or bid for central government
contracts here will have to join a new public register of
beneficial ownership information before they can do so. This will
be the first register of its kind anywhere in the world.
Crucially, it will include companies who already own property in
the UK, not just those wishing to buy. Foreign companies own
around 100,000 properties in England and Wales. Over 44,000 of
these are in London.”
“The new register for foreign companies will mean corrupt
individuals and countries will no longer be able to move, launder
and hide illicit funds through London’s property market, and will
not benefit from our public funds,” it continued, adding that the
summit on corruption will also see Nigeria, Afghanistan, Italy,
Jordan and Argentina commit to taking the initial step towards
similar action.
“A global problem needs a truly global solution. It needs an
unprecedented, courageous commitment from world leaders to stand
united, to speak into the silence, and to demand change,” Cameron
said.
Among other “milestones”, the statement said, France, the
Netherlands, Nigeria and Afghanistan will commit to launch their
own public registers of true company ownership, while Australia,
New Zealand, Jordan, Indonesia, Ireland and Georgia will agree to
take the initial steps towards making similar arrangements. The
UK will launch its own fully public register next
month.
A total of 40 jurisdictions, including a number of Overseas
Territories and Crown Dependencies, have signed a
“ground-breaking international deal” to automatically share their
beneficial ownership registers with other countries.
“If these companies that own the property are ultimately held by
a trust, the company may only need to note the trustee on the
register. I suspect there will be a clamour for the rules to
require settlors, protectors and the ultimate beneficiaries of
those trusts to be disclosed,” Jason Collins, head of tax, at
Pinsent Masons, the international law firm, said.
“A lot of high net worth individuals will think that is pushing
transparency too far at the expense of their privacy. Most
of these people will have a very legitimate reason for wishing to
maintain privacy. Public registers may just promote
vigilantism and voyeurism. Those with something to hide
will probably find ways to beat the system anyway – there do not
seem to be many ideas on how resources will be deployed to make
sure the information on the registers is accurate,” Collins said.
Australia
Separately, it was reported that Australian prime minster Malcolm
Turnbull, has been named in the Panama Papers as a former
director of a British Virgin Islands company set up and
administered by law firm Mossack Fonseca to exploit a Siberian
gold prospect.
Mr Turnbull and former New South Wales Premier Neville Wran on
October 29 1993 joined the board of Star Mining NL, the
Australian listed company which hoped to develop a $20 billion
Siberian gold mine called Sukhoi Log, according to the
Australian Financial Review.
In November last year, when Turnbull’s offshore affair emerged,
he had recently toppled former PM Tony Abbott – see this
comment here.
The Panama Papers saga has seen the downfall of Icelandic prime
minister Sigmundur David Gunnlaugsson, and, by an ironic twist, a
senior Chilean figure for the global dirty money watchdog,
Transparency International. (For more on those stories,
see here.)
The notion of using public registers of beneficial ownership has come in for criticism. An Australia-based academic has recently argued that these registers, while better than nothing, aren't necessarily the most effective ways to expose illicit money. (See here.) There remain concerns that such registers could put wealthy people, who have legitimate assets, at risk from kidnpappers, blackmailers and other assailants.