Chile Sues Four Banks Over Pinochet Ties

The Chilean government has filed lawsuits against four banks it says either negligently or deliberately helped former dictator Augusto Pinochet hide $26 million in stolen funds.

 

The civil suits filed Wednesday in a Miami federal court, seek unspecified damages that could total in the tens of million from PNC Financial Services Group Inc., Banco Santander, Espirito Santo Bank and Banco de Chile.

 

The lawsuits follow a March U. S. Senate investigation that found that the late Pinochet had held funds in Spain's Banco Santander, Espirito Santo Bank of Portugal, Banco de Chile and Washington D. C. - based Riggs Bank. PNC acquired Riggs in 2005, after regulators fined Riggs $25 million in 2004 for money laundering charges.

 

The Senate additionally said that Pinochet held accounts with Citigroup, Banco Atlantico, Bank of America, and Miami-based institutions Coutts & Co. (USA) International, Ocean Bank, and Pinebank N.A. Chile may file similar lawsuits against these banks depending on how the other cases proceed, said David Caruso, a former compliance officer for Riggs Bank.

 

"Through discovery, a lot can come out," said David Carusa, managing director of Dominion Advisory Group, a consulting firm in Centreville, Va. "The public record is clear that there were more banks than just those four that were involved with Pinochet."

 

Last October, the Chilean State Defense Council said in the country's official gazette that it was moving to reclaim the funds once held by Pinochet in foreign banks, including the four named in the Miami lawsuits. The former dictator died in December 2006, at the age of 91.

 

The Chilean government may have chosen to go after the four banks specifically because the documented evidence of negligence or willful blindness was stronger, said Michael Diaz, managing partner with law firm Diaz Reus & Targ LLP in Miami, adding that the other institutions may be "on the periphery of liability."

 

The track record of litigants pursuing banks for negligence has been "mixed," with the majority of cases ending in settlements, said Diaz. In Chile's case, banks may counter that the South American country is to blame for some of its problems, he said.

 

"The Chilean government is holding itself out as being a victim, but you have to ask yourself: At what point did the Chilean government know or should have known what its own president was doing?" said Diaz. The "contributory negligence" of the Chilean government could reduce any recovery, he said.

 

 

 

U.S. Probe Hits Venezuela's Dollar Market

 

U.S. moves against a Doral financial firm and its owner reverberated in the Venezuelan foreignexchange market, sparking a shortage of dollars.

By CASTO OCANDO AND GERARDO REYES 

 

El Nuevo Herald 

CARACAS -- A former banker arrested in Miami this week for allegedly laundering drug money is at the heart of a U.S. government operation to freeze suspect funds that has slowed Venezuela's parallel currency market.


Currency exchange houses in Venezuela have been working at a snail's pace since Wednesday, after accounts were frozen at Rosemont Finance, a Doral-based firm that handles accounts for about 49 currency exchanges and other companies in Venezuela.

A federal grand jury in Massachusetts accused Rosemont founder Rama Vyasulu of laundering about $900,000 in illegal drug proceeds, according to court records. Vyasulu, who was arrested Wednesday in Miami, allegedly had sent three transfers in January from Massachusetts to an account at Bank of America. The Bank of America account, which was frozen, handled about $240 million in deposits from tens of currency exchange houses in Venezuela.

 

DEA INVESTIGATION

Two knowledgeable persons who asked for anonymity because they were not authorized to speak on the case told El Nuevo Herald that Vyasulu's arrest stemmed from an investigation by the U.S. Drug Enforcement Administration.

The freeze on the Bank of America account sparked a shortage of U.S. dollars in Venezuela, leading to a dramatic spike in the dollar's value on the parallel market: 6.8 bolivars per dollar, more than triple the official exchange rate of 2.15 per dollar. President Hugo Chávez set that rate in 2003 as part of currency controls designed to halt the flood of capital out of Venezuela.


Access to U.S. dollars is critical for the flow of trade between the two countries. Venezuelan importers need dollars to pay for their purchases. But if the government does not agree to sell them dollars at the 2.15 rate, they have to go to the parallel market -- currency exchange houses -- to buy dollars at a higher rate. And exporters who are paid in dollars can sell them to the exchange houses at a rate much higher than the official one.


Some exchange houses and currency exchange operators said they were functioning normally and were not affected by the investigation into Rosemont Finance because they maintained accounts in other banks in the United States and Europe.


Despite Chávez's attempts to restrict the trading of currency, several loopholes in exchange regulations have allowed Venezuelans to exchange bolivars for dollars in what is known as the ''parallel'' or more often ''black'' market.


Vyasulu, 57, is a former banker who studied administration and business in Mexico and the United States and worked at the Federal Reserve Bank of Atlanta as a regulation and supervision official for various Latin American countries, according to a Rosemont prospectus.


He has also worked in several Venezuelan banks, including Banco de Venezuela Internacional and Banco Caracas, and was corporate vice president of Dresdner Bank Latin America.


Born in India but now a Venezuelan citizen living in Doral, Vyasulu incorporated Rosemont Corp. in Florida in July 2007. He is also the registered agent for six other Florida corporations.


A Rosemont document dated November 2008 said the company handled $10 billion in transactions during the preceding year.


In a civil lawsuit he filed in Miami in 2006 against some of his former clients, Vyasulu portrayed himself as an expert consultant in obtaining credits from Eximbank, a U.S. government agency that uses federal funds to finance exports and imports.


Michael Díaz, a Miami lawyer representing five Venezuelan currency exchange houses, told El Nuevo Herald that his clients are innocent victims of the freeze imposed on Rosemont's accounts.


Asked about the money laundering allegations, Díaz said that currency exchanges are vulnerable to infiltration of illegal money. ''Sometimes it's not intentional, but the government nevertheless considers it illegal and has the right to freeze it,'' he said.

 

ACCOUNT FREEZE


In a statement Friday, Rosemont Finance confirmed that it had been notified of the temporary account freeze. The case involves ''the individual actions of one person'' that affected ''a very small number of transactions,'' the statement said, adding that its officers and employees ''have operated in accordance with the law'' and that it will defend itself and its agents in court.

Michael Band, a Miami lawyer who represents Rosemont, said, ``Given the limited amount of information that the government has disclosed [in the case], I am not in a position to discuss this matter.''

The Caracas newsletter Veneconomía meanwhile reported that the accounts freeze had revealed a series of links between several currency exchange operations and the Venezuelan government's oil company, known as PDVSA.
 
''The majority of the currency exchange houses involved are clients of PDVSA,'' the newsletter said. The oil company had been rumored to be selling dollars -- earned through oil exports -- on the parallel market, where it likely obtained better than the official rate.


Florida records show that Diego Arnal, former president of Association of Currency Exchange Houses in Venezuela and former director of the Caracas Stock Exchange, is listed as the principal agent for 26 companies registered under the names similar to Rosemont Corp. All 26 were incorporated by Arnal on the same day, Jan. 18, 2008.

 

 

 

 

INTRODUCCIÓN A LOS NEGOCIOS INTERNACIONALES

Lugar: Shanghai y Jiaxing, China


Fecha: 11 – 14 Mayo, 2009
___________________________________________________________
 

                                             INVITACIÓN


DÍAZ REUS le invita a su CONFERENCIA, INTRODUCCIÓN A LOS
NEGOCIOS INTERNACIONALES: CHINA Y LAS EMPRESAS
EXTRANJERAS a realizarse desde el 11 al 14 de mayo en las ciudades de
Shanghai y Jiaxing, República Popular China.


Asistirán al evento importantes ejecutivos de grandes compañías chinas,
pertenecientes a una amplia gama de industrias, así como también, altos
oficiales del gobierno local. Se realizarán exposiciones relativas al ambiente
de negocios en China y su marco jurídico, donde además Usted tendrá la
posibilidad de ser introducido personalmente a importantes directivos,
empresarios y representantes del gobierno chino.


Le invitamos a revisar el programa adjunto para más información.
Información y reservas favor contactarse con Cecilia Fresquet a:
cfresquet@diazreus.com

 

 

SINO-FOREIGN BUSINESS INTRODUCTION CONFERENCE

 

Location: Shanghai and Jiaxing, China


Dates: May 11 – 14, 2009


                                                              INVITATION


          DIAZ REUS invites you to attend their SINO-FOREIGN BUSINESS
          INTRODUCTION CONFERENCE from May 11 to May 14 in Shanghai and
         Jiaxing, People’s Republic of China.
 

           Attending the event will be senior executives from large Chinese
           companies from various industries, as well as local government officials.
 

           There will be presentations on China’s business and legal environment, and
           opportunities for further one-on-one discussions with the Chinese
           representatives. Please review the enclosed Program for further information.


          To reserve your space now or for more information, please contact Cecilia
          Fresquet at: cfresquet@diazreus.com.

 

 

U.S. Seizure Slams Market for Dollars in Venezuela

By JOHN LYONS and JOSE DE CORDOBA

Venezuela's economically crucial black market for dollars was all but frozen Friday following the money-laundering arrest of an owner of a small Florida financial firm, adding to tensions between the U.S. and Venezuelan President Hugo Chávez.

 

The arrest has reverberated through the Latin American country because the firm, Rosemont Finance Corp., serves as a key U.S. clearing house for dozens of black-market brokerages -- trading houses that exploit loopholes to sell dollars despite an official Venezuelan ban on private firms buying and selling currency at unofficial rates. The federal case has ensnared millions of dollars from these trades and the brokerages that relied on Rosemont.

 

The black market is a crucial cog in the nation's financial system and counts giants such as state oil company Petroleos de Venezuela SA among its key players. If the market remains shut down for long, it could add to problems in Venezuela's increasingly chaotic economy. Venezuela, the fourth-largest supplier of oil to the U.S., has already been hurt by the decline in crude prices, rampant corruption and overspending on social programs.

 

Arrest after Indictment

 

U.S. authorities arrested Rosemont founder and Florida businessman Rama K. Vyasulu on Wednesday in Miami and froze Rosemont's account at Bank of America. The move came after a federal grand jury in Boston indicted Mr. Vyasulu on charges of laundering $900,000 in drug profits. A lawyer for Mr. Vyasulu declined comment. Bank of America had no comment on the ongoing investigation, spokeswoman Shirley Norton said.

 

Journal Community

 

·     Join a discussion about Venezuelan politics, economics and its president, Hugo Chavez.

Rosemont, based in Doral, Fla., confirmed in a statement that at least one account had been frozen in the wake of the federal charges. In the statement, the company said it operates legally and that the charges were related to a small fraction of its overall transactions. Rosemont officials did not comment beyond the statement.

 

The case is the second politically charged U.S. prosecution in recent months involving Venezuela. Last year, two Venezuelan businessmen were convicted in Miami federal court of acting as unlicensed foreign agents in a Federal case that featured a suitcase stuffed with $800,000, money allegedly sent by Mr. Chávez to the presidential campaign of Argentina's President Cristina Fernandez de Kirchner. Both Mr. Chávez and Ms. Fernandez de Kirchner have denied wrongdoing and accused the U.S. of politically motivated prosecutions.

 

Although it operates in a legal limbo, Venezuela's black market for dollars has become increasingly important in recent months as plunging oil prices have squeezed the OPEC nation's economy. Seeking to stretch their budgets, the Venezuelan Finance Ministry and oil company PDVSA have become the principal sellers of dollars on the market, where they get nearly three times as much per dollar as they would get selling to the central bank, according to three major Caracas currency brokers.

 

The seizure of the Rosemont account late Wednesday prompted several Caracas brokers to fly to Miami to start lobbying U.S. officials to turn loose cash related to their clients but held in the Rosemont account.

 

Michael Diaz, a Miami lawyer who is representing six of the institutions, said he believes at least $100 million has been frozen. Mr. Diaz said his clients are innocent of any wrongdoing.

 

Identified as Victims

"We were a victim of Mr. Vyasulu and Rosemont," he said. "Right now, my clients are organizing their records to show the government they have not been involved in any wrongdoing."

 

Mr. Diaz said Mr. Vyasulu was arrested at 2.30 p.m. in a Bank of America tower in Miami the same day.

 

Some Venezuelan observers said they were concerned that a long closure of the black market could boost the anxiety of average Venezuelans, who have become jittery about the strength of the financial system since the global crisis deepened last year. Many Venezuelans have sought to buy dollars on the black market in recent months on concern that the Chávez government will be forced to devalue the "strong bolivar," the currency he unveiled just last year.

 

In February, meanwhile, Venezuelans were on the front line when the U.S. Securities Exchange Commission lodged civil fraud charges against Texas businessmen R. Allen Stanford. Venezuelans were among Mr. Stanford's biggest investors, and news of the U.S. case sparked a run on a Venezuelan bank owned by Mr. Stanford.

 

Rosemont did a brisk business in a special niche -- handling funds for Venezuelan brokerages that wanted to open bank accounts in the U.S., but that might have had trouble qualifying amid the increased scrutiny of banks enacted to combat terrorism. Rosemont said in promotional materials that it handled around $10 billion of transactions last year.

 

U.S. and Rosemont officials did not comment on how much is frozen.

 

A heavyset man in his fifties, Mr. Vyasulu started his company with at least one Venezuelan partner and several Venezuelan associates, according to the firm's promotional material. Mr. Vyasulu portrayed himself in these materials as a Latin America specialist, claiming to have worked at the Federal Reserve Bank in Atlanta supervising several Latin American countries.

 

A spokesman for the Atlanta Federal Reserve bank said Mr. Vyasulu did work for it Miami branch for five months in 1997 as an Associate Examiner, a relatively low level position.

 

Denied Bond

Mr. Vyasulu used his experience at the Atlanta Fed as a selling point with clients worried about compliance with U.S. regulations, according to a lawyer who has had dealings with Mr. Vyasulu. A U.S. citizen whose parents live in India, Mr. Vyasulu was described as a flight risk and denied bond at his hearing.

 

According to the indictment, Mr. Vyasulu sought to "conceal and disguise the nature" of three money transfers to Florida from Massachusetts totaling $900,000 that are alleged to be proceeds from the illegal drugs trade. As part of the indictment, U.S. authorities froze accounts connected to Mr. Vyasulu, and are seeking to recover the $900,000, plus any other assets related to illegal activities.

 

The Boston indictment didn't provide details about the alleged drug transactions that produced the funds. A hearing in the case is scheduled for Wednesday in Miami federal court.

 

Write to John Lyons at john.lyons@wsj.com

 

Source: Wall Street Journal, March 28, 2009

How Will Energy Partnerships With China Affect the Region?

 

QChinese Vice President Xi Jinping last month visited Venezuela and Brazil,

 

two countries hoping to boost their oil exports to China in the next few years. How will these energy partnerships develop? Will greater Chinese engagement significantly change these countries' energy sectors?

 

 

AGuest Comment: Jiang Shixue: "To a certain extent, the Chineseeconomy is

 

energy-intensive. Onthe one hand, China's own energyresource is not enough for its rapid economicgrowth. So China hopes to importenergy from foreign countries, includingVenezuela and Brazil. On the other hand,many countries in Latin America have theirown relative advantage, i.e. huge reserves ofenergy. In the age of globalization, South-South cooperation has acquired bothnecessity and momentum of development.China's relation with Latin America is partof South-South cooperation, and this bilateralrelationship is mutually beneficial.Both Venezuela and Brazil, and many otherLatin American countries, need foreigncapital and technology to develop theirenergy sectors. Therefore, there is a goldenopportunity for China to make moreinvestment in the region's energy sectors.As a matter of fact, Latin America's energysectors are open to every country in theworld, and China is only one of the partners.Regarding oil exports to China, wehave to consider geographical distance. While an oil tanker can reach the UnitedStates coast in a week or so, it will take onemonth to travel across the Pacific. As aresult, economically speaking, it might behard to increase the amount of oil exportsto China from Venezuela and Brazil. Moreover, we have to understand thatChina does not have enough refinerycapacity for Venezuela's heavy oil. Oil companiesfrom the United States and otherWestern countries have been operating inLatin America's energy sector for decades,and China is only a newcomer. So I don'tthink China's presence will soon changethese countries' energy sectors, and theUS dominance in Latin America's energysector will not be challenged."

 

AGuest Comment: Nelson Altamirano: "The energy partnershipsbetween China

 

andthe two South American countriescannot be seen independently fromthe Chinese partnership with SaudiArabia and African oil partners. SaudiArabia is the main Chinese energy partnerand will remain so because it can satisfyboth China and the United Stateswith no conflict at all. Can Venezuela bethe second partner? This partnershipdepends on developing new oil resourcesin the Faja and refineries in China. Theseprojects may need the influx of a thirdprivate partner with technological andfinancial weight. It is not realistic tothink that China National Petroleum Company (CNPC) and PDVSA alonewill carry the costs of their ambitiousprojects. At least, this is not the wayCNPC and Saudi Aramco already managedto bring in 1 million bpd intoChina. In addition, the partnershipbetween China and Venezuela dependson how fast the Chinese convince theChavez administration that the exporttarget of 1 million bpd by 2012 does notsubstitute the exports to the UnitedStates. There must be a supply and demand balance for the world's largesteconomies. Given the current world economicconditions, low oil prices and bigsocial spending projects in Venezuela, Isee the greater involvement of China inthe Venezuelan energy sector as a positiveelement that may bring balance and pragmatismto the Venezuelan energy policy.If played right, the Chinese may be thestone needed to re launch the developmentof the Faja."

 

AGuest Comment: R. Evan Ellis: "The recently completed five nationtrip to Latin

 

America byChinese Vice-President XiJinping highlights the diverse basket ofinvestments that the People's Republic ofChina (PRC) is making in Latin Americain support of its global search for energysecurity, as well as the impact of thosebets on Latin America itself. Venezuela isthe high-risk, highest-payoff componentof China's Latin America energy portfolio.The national oil company PDVSA'splans to increase exports to the PRC from364,000 barrels per day currently to 1million barrels per day by 2012. Xi alsosigned an agreement doubling China'sloan to Venezuela's Heavy InvestmentFund from $4 billion to $8 billion, to berepaid by future oil deliveries—althoughfew of the 41 projects currently in thefund contribute to the infrastructureneeded to produce that oil. The agreement signed by Xi in Brazil similarlyexpands the PRC's claim on the newlydiscovered oil in the deep water of theSantos and Campos basins. By contrast tothe Venezuelan agreements, however, the $10 billion line of credit provided to Petrobras actually contributes to its ability to deliver the 160,000 barrels of oil per day which it committed to deliver China, and the track record of Petrobras inspires confidence in its ability to deliver on the assured future supply that China hopes to buy through this investment."

 

Jiang Shixue is vice president of theChinese Association of Latin AmericanStudies in Beijing.

 

Nelson Altamirano is assistant professor of economics at the School of Business and Management at National University.

 

R. Evan Ellis is an associate at Booz Allen Hamilton.

 

Source: Latin America Advisor, March 23, 2009

Tags:

11/03/2009 - Venezuela: Michael Díaz asesora a venezolanos angustiados víctima de Stanford

Michael Díaz usualmente visita Venezuela desde hace 19 años y mensualmente siempre esta viajado a este país por sus vínculos con entidades del gobierno y por supuesto para visitar su oficina filial de la firma de abogados y consultores Díaz Reus cuya oficina principal se encuentra en Miami. Sin embargo, su reciente visita fue para un asunto más delicado y que corre en boca de todos: Caso Stanford Bank.



Michael Díaz visitó a Venezuela para entre otras cosas reunirse con un grupo de clientes venezolanos del Stanford Bank que confundidos por el proceso que se está ejecutando en Dallas solicitaron, a través de correo electrónico, al especialista una reunión para responder sus interrogantes con respecto a sus inversiones en la entidad bancaria. 



Preguntas como: es necesario que se declare la quiebra de Stanford para demandarlo; y qué hay que esperar para demandar a Allen Stanford, fueron respondidas tajantemente por Díaz: “no…tu puedes demandar a Stanford cuando quieras, ahora mismo si quieres”.



En entrevista con antilavadodedinero.com Díaz dijo al equipo que las preguntas más frecuentes de los venezolanos afectados es si las acciones del proceso en Dallas les traerán a ellos algún beneficio. Explicó enfáticamente que esto depende en gran parte del tipo de instrumento a través del cual ellos (las victimas) invirtieron su dinero, si fue en: una cuenta corriente, certificados de depósitos o si lo hicieron en una cuenta de la compañía Pershing LLC. “Mi esperanza es que el “receiver” aclare su ultima decisión que tuvo sentencia el 5 de marzo en donde dijo que  las cuentas de Pershing de 250 mil dólares se van pagar.”



Según sus declaraciones existen otros tipos de cuentas y muchos venezolanos tramitaron su inversión a través de estas utilizando sucursales ubicadas en diferentes ciudades, de modo que la situación de cada uno tiende a ser distinta. Por lo tanto, de acuerdo al corredor o representante de Stanford que les abrió la cuenta, las víctimas pueden acudir o no a la compañía aseguradora en los Estados Unidos.



Con respecto a la audiencia del día 12 de marzo Michael Díaz espera que el administrador judicial de los bienes de Stanford, Ralph Janvey, clarifique qué ocurrirá con las diferentes clases y categorías de cuentas que ofrecía la entidad financiera, en el sentido de especificar, de acuerdo a los activos que están congelados, si estas se van a pagar o no, si se van a pagar cómo se va a hacer o si dependiendo del instrumento utilizado las victimas se deben dirigir a las asegurador, o si en ultima instancia no hay seguro, por tanto no hay dinero suficiente y deben buscar otra opción. Sin embargo, Díaz teme que el la próxima audiencia el “receiver” del caso únicamente haga referencias generales a cerca de este asunto.


Díaz está seguro de que a Allen Stanford se le presentarán cargos criminales en los próximos días.Dijo que si Stanford fuera su cliente le “recomendaría”  llegar a un acuerdo con la fiscalía para aceptar las acusaciones presentadas contra él, y así reducir su condena. Afirmó que si el empresario de no actuar así entonces “va hacer juzgado y sentenciado a muchos años”, y que la justicia en este caso sí va a ser aplicada ferozmente.

 

Allen Stanford y dos de sus más altos ejecutivos fueron acusados el 17 de Febrero por la SEC de cometer un fraude en esquema Ponzi a través de la venta de certificados de depósitos valorados en 8.000 millones de dólares. Los bienes de los acusados fueron congelados al igual que los activos del banco. El 5 de marzo la Corte Federal en Dallas emitió la orden de descongelar 12 mil cuentas de 250 mil dólares controladas por la compañía Pershing LLC.

Study charts multinationals' impact in South Florida - More than 1,100 multinational companies have offices in South Florida, according to a new survey

The number of multinational companies in South Florida has fallen slightly, but the money they oversee has grown in the past year, according to a new survey.

 

It found that at least 1,146 multinational firms have operations in Broward, Miami-Dade and Palm Beach counties, down from 1,183 last year. Those companies oversee $221 billion in annual sales, up from $203 billion a year ago.

 

The study, which will be unveiled at a private meeting Thursday night at the Hotel Sofitel Miami, was commissioned by the Beacon Council, Miami-Dade's economic development agency, and other business groups. It was conducted by WorldCity, a local company that publishes a magazine and websites about international trade in South Florida.

 

''For a relatively small city, Miami has a big impact on the global economy,'' said Ken Roberts, president of WorldCity. ``You have more than 1,000 multinationals from some of the world's leading brands making decisions here.''

 

The presence of these companies is good for the local economy, said Aurelia Vasquez, spokeswoman for the Beacon Council. ''They are a crucial component of our diversified economy,'' she said. ``These are the people that frequent the restaurants, that frequent the dry cleaners, that shop at Publix.''

 

The list includes any company that has an office in South Florida and at least one foreign country. The dollar figures represent the amount of sales overseen by local offices. Roberts said the numbers in the list represent minimums because it's impossible to detect every company that might belong on the list, and because some firms don't publish sales figures.

 

''When you open up as a multinational business, you don't have to check in at the door,'' he said.

 

In addition to well-known corporate headquarters such as Burger King, Office Depot and Carnival, the list includes important regional bases, such as General Motors' headquarters for Latin America, Africa and the Middle East. That office, in Miramar, oversees $18.9 billion in sales.

 

Three-quarters of the companies are in Miami-Dade, 20 percent in Broward and 5 percent in Palm Beach County.

 

More than half the companies on the list are based in the United States. The United Kingdom was the second-most-common base, with 55 firms, followed by Spain with 52 and France with 45. The only Latin American country in the top 10 was Brazil, which had 17 companies and tied the Netherlands for 10th place.

 

Other sponsors of the study were the University of Miami business school, Blue Cross/Blue Shield of Florida, the Diaz Reus law firm, the Broward Alliance and the Business Development Board of Palm Beach County.

 

By Scott Andron

Source: The Miami Herald, Feb. 26, 2009

 

 

 

Tags:

How Can Caribbean Countries Strengthen Financial Regulation?

 

Q

 

In a civil complaint last month, US authorities charged financier R. Allen Stanford with orchestrating a fraud connected to $8 billion of certificates of deposit sold by Antigua-based Stanford International Bank through a network of advisors. Does this incident show a need for stricter regulation of financial services companies in the Caribbean? What role should Caribbean governments and private sector businesses play in maintaining the integrity of financial services firms in the region?

 

ABoard Comment: Michael Diaz:

 

"Between 2005 and 2007,Stanford International Bank(SIB) sold more than $1 billionin certificates of deposits which promiseddouble-digit returns based on their'unique investment strategy.' This soundseerily similar to the claims made by thegood folks that worked for Bernie Madoff.The Stanford International Bank saga hasbrought to light what all investors shouldconsider before investing in tax havens—ifit seems too good to be true, it is. Thenotion that SIB had a magical formula thatallowed greater returns in certificates ofdeposits than any other financial institutionwas suspicious from its inception.Whether it was SIB's intention to attractdeposits from tax evaders, money launderersor from other illicit sources versus asimple Ponzi scheme remains to be determined as evidence is publicly displayed in US courts. What is clear however is that Caribbean countries like Antigua must be vigilant in their financial, regulatory and legal systems. The SEC alleges that SIB took great lengths to prevent any independent examination of its portfolios, notwithstanding the fact that it is subject to annual audits by Antiguan regulators, the Financial Services Regulatory Commission. That, however, never occurred. The lax financial regulations in Antigua allowed SIB to steal hundreds of millions of dollars from Latin American investors and may very well subject the West Indies island to lawsuits for failure to diligently supervise and regulate SIB. Antigua at minimum should bear some of the burden of bailing out the victims of this fraud, which took place right under their nose or, worse, under their blind eye."

 

 ABoard Comment: Earl Jarrett:

 

"Over the past decade, the member countries in CARICOM have enacted laws to modernize and tighten the governance of the financial sector in the region. The countries in the region have also improved the capacity of the regulatory agencies to supervise the entities that they are required to monitor. Most countries have adopted international best practice and to date, the region has not experienced the massive banking failures of Europe and North America. It is evident however, that closer attention may be required in the regulation of International Financial Entities. Based on published reports, it is apparent that Stanford operated a complex structure spanning many countries. The group owned the Antiguan domestic bank, the Bank of Antigua, which was supervised by the Eastern Caribbean Central Bank. The bank is reported to be sound but has experienced a liquidity problem due to the levels of customer withdrawals, which followed media reports of Stanford's problems. During this week, a consortium of banks supervised by the Eastern Caribbean Central Bank has taken control of the entity. The banks regulated by CARICOM member states have demonstrated soundness."

 

 

AGuest Comment: Bernardo Vega:

 

"For some time now, firstthe European Union and laterthe United States have pressuredthe Caribbean to curtail offshorebanking. First it was for tax reasons andlater because of money laundering involving drugs and perhaps terrorism.Antigua, in particular, has been pointedout not only because of banking, but alsobecause of offshore betting and theinvolvement of local politicians in theseactivities. The communique from thelast G-20 meeting made reference to theneed to curtail offshore banking, linkingits activities to the international bankingcrisis. After the Stanford scandal, it isforeseeable that more outside pressurewill be applied to the region. The smallerthe island and the bigger its financialsector, the more difficult it will be for itsauthorities to regulate banking, givenhuman resources constraints. Caribbeanoverseas territories like the Turks andCaicos Islands have also been affectedrecently by scandals involving investmentschemes. In the DominicanRepublic, financial regulation, which wasvery loose, became and still is very strictafter three banks committed fraud andbecame insolvent in 2003. Subsequently,under IMF supervision, new and amplecontrols were imposed and thanks tothat, Dominican banks have not beenaffected by the international crisis."

 

AGuest Comment: Ronald Sanders:

 

"The matter of theSEC prosecuting a civil suit foralleged fraud against R. AllenStanford points to the absolute need forstricter regulation not only in Antiguaand Barbuda but also in the UnitedStates. Court documents about this matter claim that the alleged fraud relates tothe sale of products by the StanfordInternational Bank (SIB) in Antigua andby the Stanford Financial Group inHouston. The regulators in both jurisdictionsare, therefore, culpable. Whilethe smallness of its resources does notabsolve the Antigua regulators ofresponsibility, the vastness of theresources available to the US regulatorscondemns their failure to recognize thedanger signals in the operations at amuch earlier stage. The Stanford allegationshould not be used to stain Caribbean regulators while ignoring thefact that deficiencies also existed in theUS system. No Caribbean jurisdictionshould wish to remain in the business ofhosting companies that offer financialservices without strong, relevant andappropriate legislation and supervisionthat protects the interests of customers.In this regard, independent statutorybodies that are free of political interferenceand are overseen by bipartisancommittees drawn from the legislatureshould be established to raise their credibilityand give confidence to domesticand international clients. So there is aneed for stricter and fearless regulationof financial services as much in the US asin the Caribbean.

 

 

Michael Diaz is a member of the Financial Services Advisor board and Managing Partner at Diaz, Reus & Targ, LLP.

Earl Jarrett is a member of the Financial Services Advisor board and General Manager of the Jamaica NationalBuilding Society.

Bernardo Vega is President of Fundación Cultural Dominicana and served as Dominican Ambassador to the United States from 1997 to 1999.

Ronald Sanders is an International Relations Consultant and former Chairman of the Caribbean Financial Action Task Force against money laundering and drug trafficking.

 

Source: Latin America Advisor, Financial Services, Feb. 19 - March 4, 2009

Expert: China, Latin America should join hands to counter economic downturn

BEIJING, March 2 (Xinhua) -- China and Latin American countries should make concerted efforts to weather the financial crisis, Cheng Siwei, chairman of the China-Latin America Friendship Association, said Tuesday.

 

He made the comment at an academic forum, stressing further cooperation as the financial crisis poses challenges for both China and Latin America.

 

As developing countries, China and Latin American nations should focus on building confidence, maintaining economic growth, boosting employment and enhancing social cohesion, he said.

 

He said there is huge potential for cooperation and they should forge links to a new higher level.

 

Wang Weiguang, executive vice president of the Chinese Academy of Social Sciences (CASS), said further cooperation would help maintain stability and sustain the world economy.

 

China has become the third largest trade partner of Latin America and the largest in Asia, according to a yellow book issued by CASS on Tuesday.

 

China's trade with Latin America reached about 143.4 billion U.S. dollars last year, up 39.7 percent year on year, according to the General Administration of Customs.

 

The report said Latin American countries are expecting more cooperation with China and suggested Chinese companies should adopt a long term strategy to expand investment in Latin America.

 

Source: www.chinaview.cn, March 2, 2009

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What Would Be the Effects of Lifting Cuba Remittance Restrictions?

 

QUS Secretary of State Hillary Clinton has said it is a goal of the Obama

 

administration to lift the restrictions on sending remittances to Cuba. How would lifting the restrictions affect competition within the money-transfer industry? Would it put informal couriers ("mulas") out of business? Would lifting the restrictions significantly change the quality of life for Cubans who receive remittances from the US?

 

AGuest Comment: Manuel Orozco: "Lifting restrictions on remittingis an important

 

US foreign policydecision. Based on a recent studyby the Inter-American Dialogue, theimpact of the restrictions on remittances toCuba has been felt at various levels. First,from 2005 to 2009 informal fund transfersincreased from 22 percent to 42 percent.Second, 47 percent of Cuban immigrantsremitting to Cuba say the restrictions affecttheir ability to help their families due to thelimitations to send to only some immediaterelatives and the cap on the amountssent. Third, the cost of remitting has notonly increased ($25-$29 to send $200, thehighest in Latin America and theCaribbean) but also 73 percent of Cubanremitters see cost being the major problemthey face when sending money. Within thiscontext, lifting the restrictions wouldreduce costs of remitting and increasecompetition. The number of competitorsmaking transfers decreased after 2004 as a result of the restrictions because licenses to transfer to Cuba were not issued and some companies couldn't continue offering the services. The end result has been a significant concentration of the market on few companies and a trend of the use of informal networks. Cubans feel significantly pressured by the restrictions, not only because of the US regulations but also by the response of the Cuban government, which imposed a tax on remittances and forced recipients to convert the transfer into the local Cuban convertible peso.

Remittance recipients have faced increasing costs of living and reversing the regulation would no doubt help them cope with those costs. Moreover, these recipients have started to accumulate savings, which is becoming an important source of asset building in the long term, a condition that in turn will allow them to be prepared for a future regime transition."

 

AGuest Comment: Juan C. Villa:

 

"President Obama's proposal to remove restrictions on remittances to Cuba raises the old question: who will benefit the most, the Cuban people or the regime? There is no doubt that in today's economic climate, those who can still afford to send money to their relatives will provide them with some relief. As long as only a few privileged companies are able to provide money remittance services to the island and keep a quasi-monopoly, there will be a significant number of underground 'mules' who every week bring millions into the island. Because the Cuban regime imposes a penalty for the use of American currency, other currencies are favored by the exchange rate such as the Euro and Canadian dollar, and this may be a determining factor that influences the continuation of the underground money transfer trade through mules even if restrictions are removed. This penalization of the US dollar has created an underground market for foreign currency which is usually imported into the US to be carried by mules to their final destination in Cuba. It is therefore evident that regardless of a change in policy on the existing money transfer limitations to Cuba, the market may continue, perhaps marginally affected by the ongoing recession."

 

AGuest Comment: Richard Child:

 

"Formal money-transfer channels are more efficient and predictable and would likely raise the standard of living in two key ways. Efficiencies can be passed on to end consumers through better prices, transparent fee structures and the possibility of enjoying a broader range of financial services. More predictable services are likely to have a compounding effect on the volume of funds sent to the country.

Making these services accessible through familiar and trusted channels is critical to success in any market, which suggests mulas may still have a role to play."

 

Manuel Orozco is Director of the Remittances and Development Program at the Inter-American Dialogue.

Juan C. Villa is an Anti-Money Laundering Consultant at Diaz, Reus & Targ, LLP.

Richard Child is Executive Chairman of International Strategy and Corporate Development for Rêv Worldwide and MPOWER Labs.

Source: Latin America Advisor, March 3, 2009

 

 

Export Processing Zones in China

For foreign investors, getting familiar with the Chinese preferential policy with local industry zones is essential to minimize costs. There are different types of industry zones in China, such as free trade zones (FTZ), export processing zones (EPZ) and bonded logistics parks (BLP). The first 15 pilot EPZs were set up by the State Council to promote industrial and commercial exports in 2000. Most of them are located near the coastline of China.

 

EPZs are certain areas wherein “trade barriers such as tariffs and quotas are eliminated and bureaucratic requirements are lowered in hopes of attracting new business and foreign investments.” So, the national preferential policy toward EPZs includes 24-hour customs clearance, no quota and license requirements and favorable foreign exchange policy. When goods produced in the zone are to be sold to international destinations, there is no need to undergo the receipt of remittance and sale verification procedures for exports; and when making payments to international destinations, there is no need to undergo remittance payment and sale verification procedures to imports. In addition, bonded materials or parts inside the zones require no registration handbook or cash deposits.

 

Another unique advantage EPZs have is the tax refund. Basically, domestic goods entering the zones can be deemed as export and can enjoy export VAT refund without actually being transported out of the country. This is the major difference between FTZs and EPZs. Before, enterprises, especially those that export a majority of goods with substantial value- added production in China, needed to transfer their goods to Hong Kong to get a VAT refund and re-import again for processing. We called it “one day in Hong Kong.” But, now, EPZs have the same function as Hong Kong. In other words, domestic suppliers in China are entitled to a VAT refund if they sell goods to a domestic customer inside an EPZ and the ultimate products by the customer using the goods bought are for export. Such policy may lead to substantial cost savings for enterprises purchasing a large amount of domestic raw materials/parts and enterprises that have significant discrepancies between their VAT rate and refund rate as well. Moreover, imported machine, equipment and maintenance accessory parts required for production and construction of infrastructures are exempted from taxation, so does a reasonable amount of imported office supplies and re-exported goods. And, imported raw materials, spare parts, components, wrapping materials, and consumables required for processing export products are all considered to be fully bonded goods.

 

In order to integrate these special customs- supervised areas, in April 2007, China Customs issued a notice on adding bonded logistics, research, resting and maintenance function to seven experimental EPZs. There are Beijing Tianzhu, Shanghai Songjiang, Shandong Yantai, Zhejiang Ningbo, Jiangsu Kunshan, Shaanxi Xi’an and Chongqing. Because of the success of those experimental zones, Customs announced in Feb. 19, 2009 that all EPZs in China will have bonded logistics, research, testing, and maintenance functions by the end of 2009. So, not only processing and manufacturing companies can enter EPZs, but also logistics companies, R&D centers or companies that rely on testing or maintenance can also enjoy such benefits.

 

Samantha Hu

Attorney

Diaz Reus