Offshore
Fresh Leak Reheats Panama Papers Controversy

The new leak has found that the law firm at the heart of the Panama Papers scandal in 2016 could not identify the majority of the owners of companies it administered.
A new leak of documents from the offshore law firm at the centre
of the Panama Papers scandal in 2016, reveals that the company
could not identify the owners of up to three quarters of the
companies it administered, media reports have said.
According to the BBC, two months after becoming
aware of the data breach, Mossack Fonseca was
unable to identify the beneficial owners of more than 70 per cent
of 28,500 active companies in the British Virgin Islands (BVI) as
well as 75 per cent of companies in Panama. This
publication reported in
March that Mossack Fonseca, was closing down.
At the time, BVI law permitted corporate service providers to
rely on intermediaries, banks, legal firms and other offshore
service providers overseas to check the identities of the owners,
although they were required to provide information if requested
by the authorities.
The firm was fined $440,000 by the BVI Financial Services
Commission in November 2016 for regulatory and legal
infringements of anti-money laundering and other laws.
The massive haul of data from Mossack Fonseca - a saga dubbed the
Panama Papers - was the most dramatic case yet of such
information being put into the public domain, stirring
controversy about the dividing line between legitimate financial
privacy and secrecy. The saga has fuelled calls for more
disclosure about beneficial ownership of trusts and companies:
the UK has already pushed for such registers of beneficial
ownership, causing anger in locations such as the BVI and Cayman
Islands. The Panama Papers leak caused political controversies in
countries including Iceland, the UK and Malta, where there were
claims of political figures and those connected to them in using
offshore accounts.
The new leak contains 1.2 million documents dating from before
the Panama Papers went public in April 2016 to December 2017. The
data was obtained by Suddeutsche Zeitung.
The BVI and other British Overseas Territories have created
registers of beneficial ownership for companies in their
jurisdictions. But the register relies upon offshore service
providers, like Mossack Fonseca, to provide the information. And
it is only directly accessible to authorities in the BVI - the
public cannot see it. The BVI denies that the register is secret
and says it is accessible to the authorities and relevant UK
authorities on request within one hour.
"A public register is not a silver bullet,” a spokesman for BVI
told the BBC. “It is not about who can see the
information, it's about the information being verified, accurate,
and therefore useful to law enforcement. A verified register is a
far more robust and effective approach to ensure transparency
than an unverified public register."
Last month, the UK government adopted an amendment to its
Sanctions and Anti-Money Laundering Bill to force overseas
territories to establish public registers by 2020.
In November 2017, the UK tax authority, HMRC, revealed that
there were 66 ongoing investigations related to the Panama Papers
and that they expected to recover £100 million ($133
million) in tax.
This publication has covered the controversy over registers extensively; to see a report from 2016, for example, click here.