ASSET PROTECTION - Can You Bank On Your Haven?

There are more offshore banking havens than youSatisfy yourself that the haven has local laws and
can shake astick at. Nicholas Pullen tells you how tolegalpractices which provide adequate protection of
separate thewheat from the chaff, and make sureyour fundsand investor rights.
the haven you choose isreally a safe-house for your6. Is Your Haven Financially Stable?
money.Check your prospective haven's financial stability,
There are definite and strong advantages to placingbycalculating what percentage of its Gross Domestic
some ofyour hard-earned money in offshore bankProduct isrepresented by foreign aid. Foreign aid is as
accounts:high as 70% of
First of all you get protection against yourGross Domestic Product in some havens. The Cook
government.Islands,
Nobody knows what a government will do next,Nauru and Vanuatu being recent examples of this.
anything ispossible. But, unlike funds held in yourA haven's confidence in its liquidity can be judged,
home country,wealth stashed offshore is greatlyatleast to some degree, by its willingness to put in
protected against anynegative actions yourplacesolid depositor protection. Enquire of
government might take, or legislationit mightfinancialinstitutions in the haven whether or not
introduce, tomorrow.depositorprotection exists.
Secondly, you get protection from predators and7. Is The Haven Free Of Trouble? Will It Stay That
parasites.Way?
Offshore wealth is shielded from the attentions ofDoes the haven have a trouble-free history and a
assethunters. Avaricious litigants, thieves, fraudsters,secureculture? A country which has experienced only
conmen,blackmailers (disgruntled ex-business partnersmoderatepolitical, economic and social change, and
and ex-spouses) who all seek to pinpoint, target andwhere politicaland social violence is uncommon, is a
eventuallyattack individuals with visible wealth. Thesetrouble-free country.
sharks haveweapons at their disposal, and they useA stable past is a good predictor of a stable future.
them. They routinelyrun asset searches to identifyOn the other hand, countries with a history of civil
just who has what worthtargeting. But offshorewar,military coups and civil unrest are definitely not
assets are safe. Asset searcheswon't uncoverright forbanking purposes. Cash held in a banana
offshore assets, these remain totallyinvisible and saferepublic is high-risk. Future flash points in volatile
from attack.regions can renderyour cash lost or worthless.
Thirdly, with an offshore bank account you areLook at the human rights record of the haven's
insuredagainst the unknown events tomorrow mightgovernment. Agovernment with high regard for its
hold. You neverknow when you might be mighty gladdomestic population islikely to regard you equally
of offshore cashreserves. If circumstances at homehighly. A government whichtreats citizens like cattle
make it impossible orunwise for you to stay, orto be reared, milked andslaughtered is likely to come
impossible to access yourdomestic funds, yourto view you in the same casualmanner. In such a
offshore funds provide you with afinancial lifeboat.climate private wealth may suddenly
"Not all banking havens are suitable, safe, or secure."becomegovernment property.
Finally, you can rest secure in the knowledge thatCheck if there's a strong socialist political faction in
you havea secret nest-egg. You can build and grow athehaven. Overtly socialist governments can't be
private stash ofcash beyond the gaze of anybody intrusted tolook after your nest-egg. Political upheaval,
your home country.newideologies and attendant legislation can change a
The first thing you need do, to enjoy the benefits ofhaven'sattractiveness overnight. Ensure there's little
anoffshore bank account, is to select a goodlikelihoodof an ultra left-wing political party sliding into
offshore bankinghaven where you can open yourpower inthe foreseeable future.
accounts. This is easier saidthan achieved. You aren'tIs the haven free from racial tensions and other
short of choice, from the Bahamasto Vanuatu,socialproblems? These can trigger crisis which may
Cyprus to the British Virgin Islands,affectdeposited funds.
Switzerland to the Cayman Islands. Countries theWhat about the prospect of foreign invasions and
world overare in the market for, and only too happywar? Theseare slight for an isolated country. But
to accept, asmuch foreign capital as they can getkeep an eye on thetreatment your haven receives in
their hands on.the international press.
However, you must bear in mind that not all bankingAreas and regions seldom become hot spots
havensare suitable, safe, or secure. Some areovernight. Look atrecent political developments and
excellent. Othersare ticking time bombs. If you openevents in the haven toestablish if there is any
an account in the wrongcountry, it can prove verypotential trouble.
costly in more ways than one."A stable past is a good predictor of a stable future."
What you need to do is to find out how particularConsider local attitudes. Is there wide local support
bankinghavens measure up before you lodge any offorthe financial services and banking industries? Does
your cash orassets there. This will require you tothelocal population appreciate that international
perform some researchand investigation. This is wellbankingoperations are effectively supporting the
worth doing, and thoroughly.country's economy?
Mistakes avoided at this early stage save time,Or does the presence of foreign capital breed
trouble andmoney further down the road.resentment?
I suggest you measure the quality of any havenIs there a foreign-bashing agenda?
whichinterests you by subjecting it to my Ten-PointBe sure to keep abreast of events and the
Suitabilitysocio-politicalclimate in your haven. Subscribe to
Test. Satisfy yourself on all points crucial tonewsletters coveringsuch developments. Read the
yourparticular requirements.local press. The writing isoften, literally, on local walls
1. Location, Location, Location?in the form of graffiti,for months before anything
Where is the haven located? Do you want to visitactually happens which mightaffect your bank
your cashregularly? If so, is it convenient or practicalaccounts.
to have itstashed in a banking haven thousands of8. Does Your Haven Provide A Back Door For Your
miles away fromwhere you live?Government?
Can you access your haven by air - directly orMake sure your banking haven doesn't provide your
indirectly?governmentwith a back door into your accounts. For
Is it a problem getting entry to your haven? Will youexample, sometraditional tax havens are existing or
needto queue for an entry visa every time you wantformer Britishcolonies, such as Bermuda, Cayman
to visit?Islands, the Channel
Also, be aware that making regular, visible (visaIslands, and the UK government is exerting pressure
recordsare a paper trail) trips to a known bankingonauthorities there to release information relating to
haven is likewaving a red flag at any governmentUKaccount holders.
snoop who might betaking an interest in your affairsBritish citizens should find out if their
and movements.prospectivebanking haven has tax treaties in place
Give some consideration to time differences. Can youwith the UK. If so,be aware that the treaty allows
manageyour financial affairs efficiently if it's midnightfor the free sharing ofinformation between the
in yourhaven during business hours at home? Are youauthorities in the two countries.
happy to waitup until the early hours to speak to9. Does It Offer Enough Freedom For Capital?
financial managers?Are you free to take money in and out of the
2. Do You Speak The Language?haven? If thereare severe restrictions, the haven is
Effective, smooth-running financial managementno use to you. Even ifthere are no exchange controls
depends onfluent communication. Do bankers andin operation now, check thatthe haven doesn't have
professionals in yourhaven speak English or somea history of exchange controls. Youdon't want your
other language with which you'refamiliar? You maycash trapped in a country which iseffectively
need to discuss complex financial mattersin technicalstemming flight capital.
detail. It could cost you dear if things areconfused orMake sure you have adequate guarantees that you'll
compromised by language barriers.be ableto do what you need to before opening
3. How Easy Is It To Stay In Touch?accounts in the haven.
Are there sufficient and reliable telephone and faxFor example, are there restrictions on converting
lines?foreigncurrency into local currency and visa versa?
Are email facilities available? Is airmail deliveredquickly?Are reportsfiled on each occasion? Ask financial
How efficient is surface mail delivery?institutions inthe haven.
If your banking haven is deficient in these areas, it10. Does The Haven Offer Sufficient Privacy?
maybecome difficult to maintain regular and instantSeek out banking havens which recognise and
contactwith your advisors and account managers. Isactively promotesolid banking privacy. Many havens
this acceptable?claim to do so only on aninformal basis. Under
4. Is The Tax Situation Right For You?pressure bank managers and financialadvisors may
Ensure your haven provides the exact tax treatmentsacrifice you to the sharks. Does your haven,and/or
you need.the institutions operating there, have a history
Mistakes can prove expensive. Some havensofrolling over when exposed to external pressures?
imposewithholding tax" on foreign-held bank accounts.Check whether banking privacy is tradition or actual
Are yousatisfied that this is fair exchange for thebindinglegislation. Check whether a professional in a
benefits youraccount will deliver.particularhaven is breaking the law if he passes data
5. How About The Legal System?relating to youand your financial affairs to a third
Are the laws in your prospective haven based onparty. Be aware that
Englishcommon law? Is the judiciary of a high"confidentiality" laws allow local government access to
standard? Is itindependent? Is the Court systemyouraccount details (although they can't pass the
effective? Are there rulesto resolve conflicts of law?data on to athird party).
Are the banking regulationsstiff? Or is there ampleSolid banking privacy legislation is the best protection
opportunity for a fly-by-nightmerchant to slip throughforyour cash. A strong, secure haven will have
the nets?banking privacylegislation which carries stiff penalties
Are banking services registered with(financial andcustodial) for any professional who
regulatoryorganisations that uphold professionalbreaches them and passesdata on to third parties.
standards andprocedures?