A/HRC/31/61
of assistance should also go toward training and equipment for customs departments,
to better detect intentional misinvoicing of trade transactions. Increased support
should also go to financial intelligence units to better track illicit outflows and to
financial crime units to prosecute them.
87.
States of origin should:
(a)
Ensure that they have clear and concise laws and regulations that make
it illegal to intentionally incorrectly or inaccurately state the price, quantity, quality or
other aspect of trade in goods and services in order to move capital or profits to
another jurisdiction or to manipulate, evade or avoid any form of taxation, including
customs and excise duties;
(b)
Establish transfer pricing units within their revenue authorities;
(c)
Require their customs officials to use available databases of information
about comparable pricing of world trade in goods to analyse imports and exports and
identify transactions that require additional scrutiny;
(d)
Review their current and prospective double taxation agreements,
particularly those in place with jurisdictions that are significant destinations of illicit
financial flows, to ensure that they do not provide opportunities for abuse.
88.
In the long term, the system for taxing a transnational corporation’s
subsidiaries as separate entities should be replaced by a system of taxing transnational
corporations as single and unified firms. Member States should initiate negotiations to
draft a United Nations convention to combat abusive tax practices, which should
evolve into a convention that would adopt a consolidation and apportionment system
for taxing global corporate profits.
Recommendations to international organizations and international financial
institutions
89.
The Committee of Experts on International Cooperation in Tax Matters should
be further strengthened and made more inclusive, with increased representation from
lower-income countries, so that it can act as global forum for norm setting on tax
matters. It should be provided with adequate, non-discretionary funding and
resources.
90.
The IMF and World Bank should publish estimates of the volume and
composition of illicit financial flows on an annual basis to monitor progress in
implementing target 16.4 of the Sustainable Development Goals on illicit financial
flows.
91.
Progress in reducing illicit financial flows should be tracked within the
Sustainable Development Goals framework by a second indicator monitoring policy
efforts to curb illicit financial flows by countries of origin and destination. The
Financial Secrecy Index could provide an inspiration. 57
92.
The Bank of International Settlements should publish its data on international
banking assets by country of origin and county of destination.
93.
Multilateral organizations should develop model provisions to protect
whistleblowers that disclose abusive tax practices to address gaps in their protection.
Civil society participation should be included in this process.
57
See www.financialsecrecyindex.com/.
21