A/HRC/28/60
52.
The third meeting of the Arab Forum on Asset Recovery, hosted by the Government
of Switzerland, in association with StAR, was held in Geneva from 1 to 3 November 2014,
bringing together 250 specialists from 40 countries.41 In parallel, a side event focused on
the role of civil society organizations in the asset recovery process and stressed the need to
create mechanisms for information sharing between civil society and governments, and the
need to establish accountable and transparent mechanisms to manage and dispose of
returned assets, through broad consultation with concerned stakeholders.42
53.
On 29 and 30 April 2014, StAR provided technical support to the Ukraine Forum on
Asset Recovery following asset freezes in relation to the former Ukrainian President, Viktor
Yanukovych, and his associates by Austria, Canada, Liechtenstein, Switzerland, the United
States of America and the European Union. In that context a guide for civil society
organizations illustrating how they can contribute to asset recovery efforts was published.43
54.
In response to public outcry over tax evasion and corporate tax avoidance, the G8
countries made a commitment at the Lough Erne Summit in June 2013 to introduce
automatic exchange of information by tax authorities across the world in order to fight the
scourge of tax evasion; to change rules that let companies shift their profits across borders
to avoid taxes; to assist developing countries with information and capacity to collect taxes
owed to them; to introduce public country-by-country reporting for extractive companies;
and to address the issue of misuse of shell companies to facilitate illicit financial flows.44
OECD was tasked by the G8 and G20 Finance Ministers with developing an Action Plan on
Base Erosion and Profit Shifting , published in July 2013, containing 15 specific actions to
address a range of issues relating to tax transparency, accountability and information
exchange. The G20 declaration in St. Petersburg in September 2013 underlined that
“developing countries should be able to reap the benefits of a more transparent international
tax system”.
55.
During the annual meeting of the Global Forum on Transparency and Exchange of
Information for Tax Purposes in Berlin in October 2014, 51 jurisdictions announced the
introduction of a new single global standard on Automatic Exchange of Information on
Taxation Matters by 2017 or the end of 2018. Leaders at the G20 summit in Brisbane,
Australia, in November 2014 affirmed the principle that “profits should be taxed where
economic activities deriving the profits are performed and where value is created”. G20
leaders also welcomed progress on taxing patent boxes, a practice whereby intellectual
property royalties can divert profits from the countries where they are made.45
56.
Concerns have, however, been expressed that developing countries have been
excluded from the design phase of the new system for automatic exchange of tax
information or may not yet be in a position to provide reciprocal information and may thus
gain little from it, which would deprive many low and middle income countries of the
benefits of international tax information exchange. One suggestion is for a window of, say,
41
42
43
44
45
18
See final communiqué, available from
http://star.worldbank.org/star/sites/star/files/co_chairs_english.pdf.
Recommendations from civil society are available from www.transparency.org/files/content/
pressrelease/Final_civil_society_recommendations_from_AFAR_III_Geneva.pdf.
For more details see http://star.worldbank.org/star/UFAR/stolen-asset-recovery-ukraine-0. The guide
is available from http://star.worldbank.org/star/ufar/ukraine-resources.
See G8 Lough Erne Declaration; 2013 Lough Erne G8 Leaders’ Communiqué; Common principles
on misuse of companies and legal arrangements and the G8 action plan principles to prevent the
misuse of companies and legal arrangements, available from
https://www.gov.uk/government/collections/g8-communique-and-documents.
See www.theguardian.com/business/2014/nov/16/g20-tax-avoidance-pledge-still-leaves-poorcountries-vulnerable.