Offshore
Vast Majority Of Boardroom Bosses Want More Beneficial Ownership Data - EY Survey
Boardroom bosses want to know who owns the firms and
organisations they trade with, suggesting that pressure for more
disclosure was rising even before the latest revelations around
the so-called Panama Papers.
A survey of almost 3,000 business chiefs in 62 nations by
EY, the accountancy and
professional services firm, was conducted between October last
year and January 2016. It found that 91 per cent of respondents
recognised that establishing ultimate beneficial ownership of
counterparties is important.
Within the UK results, executives were more concerned than many
of their counterparts elsewhere in the world about the need for
transparency in company ownership, with 98 per cent supporting
such calls.
The term “beneficial ownership” has become widely used in
debates about the case for identifying who owns trusts, funds and
companies. With bank secrecy in Switzerland passing out of use
and other offshore centres under pressure to share information,
the issue of disclosure is a hot political one. The recent
massive leak, or theft, of data from Panama-based law firm
Mossack
Fonseca (see
here), which has embarrassed political figures, has added to
the pressure. It also raises questions about setting the right
distinction between legitimate privacy and secrecy. Critics of
the campaigns to “name and shame” beneficial owners fear that
innocent people could face physical threats, such as kidnap and
blackmail, for example. (For an editorial about this issue,
see here.)
The EY report said increased transparency is, however, only one
facet of the solution to a problem that shows no sign of going
away.
Bribery and corruption remain an ongoing challenge, for example.
Globally, 39 per cent of respondents to the EY survey said
bribery and corrupt practices happen widely in their country,
little changed from the 38 per cent saying the same in 2014 and
2012. The percentage was highest in emerging markets
- however even in the UK the figure is 28 per cent. The
fact that the majority of respondents in 20 of the 62 countries
and territories covered believe that bribery and corruption
happen widely in their countries represents a clear challenge to
business, EY said.
Turning to the wider global economy, the survey also identified a
perception in emerging markets that individuals responsible for
corruption are not being held to account, with 70 per cent of
respondents in Brazil and 56 per cent in both Africa and Eastern
Europe believing that although governments are willing to
prosecute, they are not effective in securing convictions.
“Increased levels of global cooperation between law enforcement
agencies are making it harder for fraudsters and bribe-payers to
evade prosecution. However, with respondents indicating that such
misconduct is showing no sign of abating, companies continue to
be exposed to major risks driven by the illegal actions of a
small minority of employees,” said David Stulb, EY global leader
of fraud investigation and dispute services.
EY said there are more positive indicators, however,
particularly in markets where governments and regulators
have taken steps to crack down on impropriety. In India, for
example, where steps to increase transparency and crackdown on
corruption have been taken by the government, the proportion of
respondents that believe bribery and corruption happens
widely in the country declined from 67 per cent in 2014 to
58 per cent this year. In China, 74 per cent of local respondents
report that enforcement is effective, indicating the apparent
effectiveness of the Chinese government’s commitment to tackle
corruption.
Robust compliance, robust growth?
Expanding into new markets is essential for most companies, yet
such expansion brings new and less familiar risks, the survey
said. It added that companies are frequently failing to take
appropriate steps to respond and reduce their risk exposure, for
example:
- One in five do not identify third parties as part of their
anti-corruption due diligence;
- One in three do not assess country or industry-specific
corruption risks before making investments; and
- Only half use technologies such as forensic data analytics
to identify and mitigate risks.