Proceeds of Criminal Conduct Law

The Cayman Islands Legislative Assembly passed an amendment on November 18, 1998 to remove the fiscal exemption clause from its Proceeds of Criminal Conduct Act, as we told readers would happen in the September edition of Offshore Alert. The amendment

The Cayman Islands government has drawn up an amendment to its Proceeds of Criminal Conduct Law that removes the fiscal exemption clause that so irritated the UK's Foreign and Commonwealth Office. However, the proposed amended legislation would still appear to offer little in the way of comfort to foreign governments seeking information about, and the seizure of, assets held by suspected tax evaders.

The British Virgin Islands government has denied that its Proceeds of Criminal Conduct Law is 'defective' by UK standards, even though it agrees that its legislation provides no assistance for foreign investigations into tax offences. Since the UK has already described the all-crimes laws of Bermuda and Cayman as defective for similar reasons, there would seem to be little doubt that the BVI's law is considered in a similar light by the UK, which has also been confirmed to us by an independent source.

Cayman governor John Owen appears to have secretly promised the UK government that Cayman will change its law to allow foreign investigations of tax evasion.That is the startling revelation disclosed in the minutes of a meeting of the Public Accounts Committee of the UK government held in London on December 15, 1997.