A/HRC/28/60
five years, during which lower-income countries would receive tax information
automatically, without a requirement for full reciprocity. That would allow time for
domestic systems to be modified and improved, while demonstrating the value of
participating in information exchange.
57.
OECD has named combating illicit financial flows one of its three priority areas in
its Strategy on Development (2012). In 2014, OECD published a report entitled “Illicit
Financial Flows from Developing Countries: Measuring OECD Responses”, which
analyses the performance of OECD countries against the main international standards for
countering illicit financial flows. It focuses on five policy areas: money-laundering, tax
evasion, foreign bribery, asset recovery and the role of development agencies. Another
OECD publication – Better Policies for Development 2014: Policy Coherence and Illicit
Financial Flows stresses the need for policy coherence to address illicit financial flows.
The OECD analysis shows that countries are making progress in the fight against illicit
financial flows, but warns that “without action, OECD countries are at risk of becoming
safe havens for illicit assets from developing countries” (p. 22).
58.
The Financial Action Task Force (FATF) has become an international policymaking
body in the fight against money-laundering. FATF has developed a series of
recommendations that are recognized as the international standard for combating moneylaundering and the financing of terrorism, and conducts peer reviews of each member on an
ongoing basis to assess their implementation. In February 2012, FATF adopted a new set of
recommendations which will provide an opportunity to ensure that national legislation
makes it more difficult to hide illicit money in secrecy jurisdictions. In October 2013 new
FATF guidance on the due diligence requirements in relation to politically exposed persons
was published, followed in 2014 by guidance on transparency and beneficial ownership to
deter and prevent the misuse of corporate vehicles for money-laundering, terrorist
financing, tax evasion or other illicit activities.
59.
At the regional level in Africa, the African Union and the Economic Commission for
Africa have been combating the flow of illicit funds. The High-Level Panel on Illicit
Financial Flows was established in February 2012 to address the debilitating problem of
illicit financial outflows from Africa. The Panel has carried out consultations, country visits
and studies in six African countries. In its progress report, the Panel found “that in some
African countries, the institutional architecture for responding to illicit financial flows was
at best uneven or, as in several key instances, non-existent. Lack of transparency, secrecy
and the difficulty of obtaining information and systematic data remain key challenges
across the board” (E/ECA/CM/47/6, para. 20).46
60.
In February 2013, the European Commission published proposals to amend the
Anti-Money-Laundering Directive, clarifying the definition of “beneficial ownership” and
providing more detail on customer due diligence requirements. 47 The new directive will for
the first time oblige European Union member States to maintain central registers listing
information on the ultimate beneficial owners of corporate and other legal entities, and
trusts. The registers will not be public, but accessible to competent authorities and financial
46
47
The final report of the High-Level Panel was released on 31 January 2015 after the present study was
submitted by the Independent Expert for editing. It will be duly considered in the final study of the
Independent Expert. See “Illicit Financial Flows: Report of the High Level Panel on Illicit Financial
Flows from Africa” commissioned by the AU/ECA Conference of Ministers of Finance, Planning and
Economic Development, available from
www.uneca.org/sites/default/files/publications/iff_main_report_english.pdf
Proposal for a Directive of the European Parliament and of the Council on the prevention of the use of
the financial system for the purpose of money laundering and terrorist financing, COM(2013)45.
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