Author: Niu Ltd

  • Governments Sign a Memorandum of Understanding Reaffirming their Commitment to the Common Travel Area

    The UK and Irish governments signed a Memorandum of Understanding reaffirming their commitment to the Common Travel Area.

     

    Memorandum of Understanding between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland

     

    Joint statement of 8 May 2019 between the UK Government and Government of Ireland on the Common Travel Area

     

    Details

    The Common Travel Area (CTA) is a long-standing arrangement between the UK, the Crown Dependencies (Bailiwick of Jersey, Bailiwick of Guernsey, Isle of Man) and Ireland.

    The CTA established cooperation between respective immigration authorities enabling British and Irish citizens to move freely between, and reside in, these islands.

    British and Irish citizens enjoy additional rights in Ireland and the UK. These include the right to work, study and vote in certain elections, as well as to access social welfare benefits and health services.

    If you are a British citizen or an Irish citizen, you do not need to take any action to protect your status and rights associated with the CTA. After the UK leaves the EU, you will continue to enjoy these rights, no matter what the terms of the UK’s exit. Both the UK and Irish governments have committed to taking all necessary measures to ensure that the agreed CTA rights and privileges are protected in all outcomes.

    Source: gov.uk
    Published: 8 May 2019

  • Immigration: A Topic of Controversy or a Opportunity for National Growth?

    In modern times, immigration is one of the most hotly debated topics. Some people perceive it as a source of competition for jobs, houses, and public resources. Others see it as a necessity for any country seeking to boost economic growth, business innovation, and cultural development. High net worth immigration, however, is an entirely separate case. The lack of threat to jobs or resources and the resulting investment into a country’s private and public sectors renders high net worth immigration a desirable affair for all. The United Kingdom provides an example.

    Immigration: The United Kingdom

    In the 1940s and 50s, post-war United Kingdom (UK) was severely depleted of human and economic capital. Keen to strengthen its market and improve income revenues, the country created the British Nationality Act in 1948, which allowed all Commonwealth citizens to work and reside in the UK free from previous immigration restrictions. Citizens from Africa, Australia, the Caribbean and more received freedom of movement, and consequently travelled to the UK, boosting British economic success. Organisations which required overseas labour and skills, such as the National Health Service (NHS), flourished. However, public unease regarding unrestricted migration emerged. The UK responded with legislative measures reducing the entry and settlement rights of Commonwealth people: the 1962 and 1968 Commonwealth Immigrants Acts and the 1971 Immigration Act.

    Whilst Commonwealth citizens lost migration rights, Europeans gained them when, in 1973, the UK joined the European Union (EU), then the European Economic Community. For decades, migration between Europe and the UK was generally equal. This changed following the decision to include additional countries in the EU in 2004, namely: Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia. The UK’s strong economy and reputation as one of the world’s leading education centres started to attract more immigrants than persons leaving the UK for Europe. Public anxiety surrounding immigration again began to develop, culminating in 2016 when 51.9% of eligible UK voters selected to leave the EU. The UK’s approach to immigration had changed again.

    High Net Worth Immigration

    Large-scale immigration continues to be a subject of debate in the UK. Yet this generally excludes another type of immigration: that of high net worth individuals (HNWIs). A HNWI is generally deemed a person with US$1 million+ worth of assets (excluding their primary home). They generally own or manage companies – often ones they founded themselves – and therefore do not require a job in another country. Usually married persons with families, they have built their homes, often owning multiple residences, and therefore do not settle in countries they visit. Indeed, unlike the person who moves abroad to obtain work, HNWIs tend to travel to expand their businesses, creating new jobs and bringing in investment, or for a holiday. When they do visit a country, they typically bring in high revenues to both the private and public sectors, for instance through commerce, hospitality, taxation, medical tourism, and business. All this leads both persons pro and persons against general large-scale immigration to agree: HNW immigration brings financial gain. Certainly, the UK’s residence by investment programme, the Tier 1 Investor Programme, was not part of the argument by advocates of Brexit.

    Due Diligence: The UK Tier 1 Investor Programme

    However, the Tier 1 Investor Programme has suffered criticism. Not for encouraging HNW immigration, the Programme has been criticised instead for poor due diligence on applicants. Global Witness, an anti-corruption NGO, has reported that in 2008-2015 the UK was “letting people in without sufficient security checks.” This was because the “Home Office assumed that the banks were doing the checks on the individuals” while UK banks assumed that, “because this individual was applying for a visa via the Home Office, the checks would be done further down the line.” Lord Wallace of Saltaire supports Global Witness’ findings, condemning the Programme as “just one of the many ways in which illegally acquired money has flowed into London.”

    Other Countries

    The UK is not the only country to realise the benefits of HNW immigration. Other European countries also offer residence by investment programmes: Austria, Greece, Italy, Malta, Portugal, and Spain. The United States offers both permanent and temporary residence to investors via the EB-5 Investor and E-2 Non-immigrant Visa Programmes. Other nations offer citizenship instead of residence. In Europe, Austria, Cyprus, and Malta are industry veterans; last year Moldova and Montenegro joined and launched their own citizenship by investment programmes. In the Caribbean, Antigua and Barbuda, Dominica, Grenada, St Kitts and Nevis, and St Lucia. Cambodia, Jordan, Turkey, and Vanuatu also offer such programmes.

    Due Diligence: The Caribbean

    In contrast to the UK’s residence by investment programme, a few of these countries have been celebrated for running strict due diligence on applicants. St Kitts and Nevis is a case in point. The West Indies nation founded the industry when it [launched] its Citizenship by Investment Programme in 1984. Since then, it has operated a multi-jurisdictional, multi-level due diligence programme, for which it recently received top marks in an industry index, and pioneered AML best practices. Dominica, a nearby island state, runs a similarly rigorous due diligence programme, for which it also has attracted praise. Dominica has been running its Citizenship by Investment Programme for 20 years and last year, the Financial Times’ wealth management magazine named it the best in the industry, taking into account, amongst other things, its security procedures.

    In spite of the high status of the Caribbean citizenship programmes and the industry recognition they have garnered, many people reside under the false illusion that, by authorising persons to travel to Europe and the UK without a country-specific visa, such programmes have the potential to undermine personal and finance security in these countries. This misconception is the result of a conflation – of general, low-skilled immigration with HNW immigration. As expounded above, these two types of immigration have very different effects on a country and its economy. The misconception also overlooks an intrinsic part of the Caribbean programmes: their substantial economic and security requirements. Regarding financial requirements, applicants to a Caribbean programme must donate a minimum of US$ 100,000, plus due diligence, processing, and professional fees. As noted, an individual who can afford this is hardly likely to be in search of a job elsewhere.

    In terms of security, the vetting procedures of all five Caribbean programmes are broad and extensive. Applicants must provide: detailed evidence of employment, residential, educational, and personal histories; detailed evidence of their source(s) of wealth; a clean criminal record from every country visited for more than six months in the past 10 years; and biometric data. International wanted lists and terrorism databases are consulted and documents and evidence are examined by multiple bodies including national and government bodies trained in detecting money laundering, financial terrorism, fraud, and other crimes, and international bodies such as Interpol. Such thorough due diligence is unique to the Caribbean programmes – the UK and European programmes do not come close in their requirements. Thus, a HNWI travelling to Europe or the UK on a Caribbean economic passport, and who therefore need not obtain a country-specific visa, has actually already completed a far stricter security programme.

    Conclusion

    Overall, the significant benefits of HNW immigration and the lack of risk means investor immigration is greatly valued in the Caribbean nations. It is hardly surprising, therefore, that immigration there is a far less controversial and debated topic.

     

    Source: wicnews.com
    Published: 9 may 2019

     

  • Saudi Shura Council Approves ‘Green-Card’ Residency Scheme for Expats

    The new ‘privileged’ iqama (residency permit) law will seek to provide “highly-skilled” and “qualified” foreigners residency without the need for a Saudi sponsor.

    Under the law, the holder of such an iqama will have family status, can recruit workers, own property and transport in the kingdom, can obtain visit visas for relatives, can freely enter and exit the country and will also have the use of designated queues at airports.

    Under the system, which requires a guarantee of specific fees, there are two categories: An extended iqama and a temporary one.

    Eligible expatriates must have a valid passport with a credit report, no criminal records and obtain medical reports proving they suffer no contagious diseases. It was not immediately clear when the “privileged iqama” system will take effect.

    Last month, the Ministry of Labour and Social Development announced the launch of its Gold Card extended residence programme.

    The ministry called on consultants and agencies to analyse the possibility of providing incentives to beneficiaries.

    The scheme is part of the Quality of Life Program 2020, which was launched in 2018 by the Council of Economic and Development Affairs.

    The aim of the Gold Card programme is to promote expatriates’ engagement with Saudi culture, and to increase acceptance of other cultures among Saudis, Arab News reported.

    Saudi Arabia’s Crown Prince Mohammed bin Salman had revealed in 2016 that the kingdom plans to introduce a United States-style green card system to help the kingdom reduce remittances and also get rid of its sponsorship system.

    In an interview with Bloomberg, when asked what “non-oil revenue measures” the kingdom will likely undertake to diversify the economy, he said: “We are working on a specific program similar to the green card.”

    The Shura Council is made up of 150 members, all are appointed by the king. According to the council’s system, approved proposals and laws are referred to the king, who also heads the cabinet.

     

    Source: internationalinvestment.net
    Published: 9 May 2019

  • Overseas Long-Term Visa Applicants Can Apply Online for Six-Month Entry Permits

    Foreigners eligible for long-term residency in the UAE can now apply online for a six-month entry permit to complete any paperwork needed to secure a five or 10-year visa.

    The six-month permit applies to all long-term visa candidates including entrepreneurs, investors, individuals with exceptional talents and outstanding students, according to Fragomen Worldwide, which specialises in legal and immigration issues.

    “The application is part of the process in completing procedures related to the foreign national’s purpose of residence, for example business projects, investment in real estate, enrolment at a university, et cetera, which will enable them to finalise their immigration process in the UAE,” said Fragomen Worldwide.

    Long-term visas, which can be renewed automatically, were first announced in May last year, with the conditions finalised by the end of 2018 and the Cabinet Resolution coming into force in February. They allow foreign investors, scientists, entrepreneurs and the brightest students to qualify for five and 10-year visas.

    Last week, the UAE government started issuing five-year visas to eligible entrepreneurs as part of its initiative to improve the ease of doing business in the country. While the Federal Authority for Identity and Citizenship will oversee the residency visa issuance to entrepreneurs, HUB71 and Dubai Future Foundation’s Area2071 in Dubai will nominate entrepreneurs for the initiative. Eligible candidates must have a minimum capital of Dh500,000 or the approval of an accredited business incubator in the country.

    In January, the UAE issued the first 10-year visas to 20 finalists for the Mohammed bin Rashid Medal for Scientific Distinction and in March, the Dubai International Financial Centre asked senior executives in its free zone to nominate individuals within their organisations eligible as “investors, entrepreneurs, high-calibre and outstanding individuals” for the longer-term visas.

    To apply for the six-month entry permit, eligible candidates can lodge an application through the Federal Authority for Identity and Citizenship’s website. The application must include proof of long-term residence eligibility and a fee of Dh300 must be paid.

    Fragomen Worldwide said because the process is still in the initial phase, “it remains unclear if existing residents in the UAE who meet the long-term visa conditions as determined by law must undergo the same process as candidates outside the UAE”.

     

    Source: thenational.ae
    Published: 6 May 2019

  • Long-Term UAE Residency Visas for Expatriates in Five New Job Categories Announced

    The long-term residency visas for expatriates from five select categories has come into force, permitting them to stay in the UAE for up to 10 years, a top official of the Federal Authority for Identity and Citizenship announced in the capital Wednesday.

    Announcing details at a media briefing at the General Identity Directorate in Khalifa City of Abu Dhabi, Major-General Saeed Rakan Al Rashedi, Director-General for Foreigners Affairs and Ports, said, “Today we announce the launch of new services in the field of residency, implementing the UAE Cabinet Decision No. 56 for the year 2018. It grants long-term stay in the country to investors, real estate investors, entrepreneurs, talented people like doctors, researchers, innovators and outstanding students.”

    “The UAE leadership makes all-out efforts for the development of the country, provides peaceful living for all and facilitates residency visas to residents and expatriates from different walks of life and professional backgrounds who wish to stay in the country,” he said.

    Applicants under all these five categories — including outstanding students — will be granted a renewable residency visa and will be permitted to sponsor their spouses and children.

    The visa benefits for the spouse and children is to ensure a cohesive family and social structure and to create a stimulating environment for stability and growth, officials said.

    These categories include general investors who will be granted a 10-year visa, real estate investors, who can get a visa for five years, along with entrepreneurs and talented professionals such as doctors, researchers and innovators 10 years.

    The fifth category — outstanding students — will also be permitted residency visas for five years. All categories of visas can be renewed upon expiry.

    Expats can apply under investors category, once they qualify during their stay.

    Maj Gen Al Rashedi said the measures will attract highly skilled expats and investors from around the world to make the UAE a centre for knowledge and global investment. The decision aims to maintain the position of the UAE as an optimal business environment.

     

    New long-term visa categories

    INVESTORS – 10 YEAR VISA

     

    Conditions:

    ■ Public investment via deposit or company (not less than Dh10 million)

    ■ Non-real estate investments shouldn’t be less than 60 per cent of total investments

    ■ Investor should hold full ownership – not loan. Or he can prove that he reserves rights of investments for three years as minimum.

    ■ Asset should not be encumbered by claims that impair the appropriateness of the financial value of Dh10 million

    Benefits:

    ■ 10-year visa is renewable

    ■ Possibilities of having partners with a condition that each partner should invest Dh10 million

    ■ Visa for spouse and children for 10 years

    ■ 10-year visa for one executive director and one advisor

    ■ Six month validity entry visa with permits for multiple travels

    REAL ESTATE INVESTORS – 5 YEAR VISA

    Conditions:

    ■ Total investment in real estate should not be less than Dh5 million

    ■ Investor should hold ful lownership – not loan. Or he can prove that he reserves rights of investments for three years as minimum

    ■ Financial asset should not be encumbered by claims that impair the appropriateness of the financial value

    Benefits:

    ■ Five year renewable residency visa

    ■ Five year visa for spouse and children

    ■ Five year visa for one executive director and one advisor

    ■ Six month validity entry visa with permits for multiple travels

    ENTREPRENEURS – 5 YEAR VISA

    Conditions:

    ■ Owning a project with a value of not less than Dh500,000 with accreditation certicates from the government

    Benefits:

    ■ Five year visa, which can be upgraded to investors visa

    ■ Five year visa for spouse and children

    ■ Six month validity entry visa with permits for multipletravels. This also can be extended for another six months

    ■ Five year visa for three executive directors.

    RESEARCHERS/SCIENTISTS, DOCTORS, INNOVATORS – 10 YEAR VISA

    Conditions:

    ■ Existence of a valid work contract and with specialisation in fields that are prioritised in the country

    Benefits:

    ■ 10 year renewable visa

    ■ 10 year visa for spouse and children

    OUTSTANDING STUDENTS – 5 YEAR VISA

    Conditions:

    ■ Student should have at least 95 per cent in secondary school with a distinction of 3.75 GPA upon graduation from any university

    Benefits:

    ■ Five year renewable visa

    ■ Five year renewable visa for his family

    WEBSITE

    Those interested in obtaining these visas can apply online at the authority’s website

    Source: gulfnews.com
    Published: 2 May 2019

  • Malta’s €250m Surplus Could Have Reached €500m – Muscat

    Malta could have made a surplus of €500 million last year but had instead decided to invest in capital projects, Prime Minister Joseph Muscat said on Tuesday.

    Speaking at a press conference, Dr Muscat said that the government surplus made it possible for the government to increase pensions, offer tax refunds and re-pave roads.

    Dr Muscat was speaking following the release of finance data which showed that the general government made a surplus of €250.8 million in 2018, a considerable shift from the €70.2 million deficit registered in the so-called government’s ‘consolidated fund’.

    Surplus data was calculated on an accruals basis, rather than cash, and took into account various ‘extra-budgetary units’ (EBU), the National Statistics Office explained, with the most significant of those coming from the citizenship scheme.

    Most of the surplus came from the EBUs, which reached €176.8 million, €21.1 million less than a year earlier.

    Although the NSO did now break down how much each EBU – which range from the national orchestra to Heritage Malta – had contributed to national accounts, it did specify that the National Development and Social Fund was responsible for €133.7 million.

    The fund gets 70 per cent of Individual Investor Programme funds, which allows wealthy foreign investors to buy Maltese citizenship.

    This means that even without those funds, the surplus would have been over €117 million.

    There are other contributors to the gap between the consolidated fund’s deficit and the surplus registered by the general government, made up of €208 million from various categories, with €62.5 million subtracted due to Air Malta payments for its assets.

    The Maastricht Treaty reporting for 2017 had shown a surplus of €387.2 million in 2017, and of €90.9 million in 2016.

    Taken as a percentage of GDP, this represented a positive two per cent, well above the deficit-to-GDP ratio of three per cent – a crucial threshold which EU member states must remain above if they are to comply with their treaty obligations.

    Although the government’s yearly accounts were in surplus, Malta continues to have overall debt of €5.7 billion – €17.8 million less than in 2017.

    Increases in GDP mean that this debt forms a smaller share of Malta’s GDP, with the ratio going down from 50.2 per cent in 2017 to 46 per cent last year.

    ‘Strong finances’ – Muscat

    In his press conference, the Prime Minister highlighted how the government had inherited a three per cent deficit in 2013 and turned it into a two per cent surplus.

    Debt had also fallen from a high of 70 per cent under the Nationalist government to 46 per cent, he said.

    The Prime Minister said Malta’s strong economy and finances meant it had to borrow less and was paying less interest on that borrowing.

    Dr Muscat also noted that a surplus would still have been registered without the funds generated from the passport sale scheme.

     

    Source: timesofmalta.com
    Published: 23 April 2019

  • Abu Dhabi Allows Foreigners to Own Freehold Properties in Investment Areas

    The new rights also empower them to develop properties for the land thus acquired. The United Arab Emirates capital previously limited ownership largely to Emiratis and citizens of the neighbouring Gulf Cooperation Council (GCC) states.

    “The modernisation of the real estate law reflects the government vision to support and develop the business environment in Abu Dhabi, along with the development of investor services and procedures,” said Sheikh Mohamed bin Zayed, crown prince of Abu Dhabi.

    Now residential units in special designated investments zones, such as the one close to the international airport, will be registered under Abu Dhabi’s freehold law, with property ownership deeds issued to investors. Foreign investors in Abu Dhabi property were previously granted leasehold arrangements with a maximum 99-year time period.

    Aldar Properties, in which Abu Dhabi Government holds a significant stake, and Imkan, owned by Abu Dhabi Capital Group, had been testing the waters offering plots for sale at recent launches.

    “This is a game changing announcement for Abu Dhabi, and we applaud yet another insightful policy decision by the government that allows expatriates to be able to buy freehold properties in investment zones,” Aldar chief executive Talal Al Dhiyebi said in a statement.

    “This will not only further drive the maturity of Abu Dhabi’s real estate market, but will also increase transparency and provide clarity of title for property owners, increasing long term investment, injecting more liquidity into the market and encouraging longer term residency,” he added.

    Aldar announced  a recently launched residential project on Abu Dhabi’s Yas Island, where land and property can be sold to all nationalities, had sold out and generated over 400m dirhams ($109m) in sales.

     

    Source: internationalinvestment.net
    Published: 18 April 2019

  • Bahrain’s King Reinstates Citizenship of 551 Tried in Courts

    No reason was given for the decision and those affected were not named.

    At least 990 Bahrainis have reportedly lost their citizenship through court decisions or executive orders since 2012. Most have been left effectively stateless, and some have been deported.

    They have included many human rights defenders, political activists, journalists and religious scholars.

    Last week, a court sentenced 139 men to between three years and life in prison, and stripped all but one of them of their citizenship, after finding them guilty of terrorism charges.

    Prosecutors alleged that they set up a militant group linked to Iran’s Islamic Revolution Guards Corps (IRGC), detonated bombs and damaged property.

    The UN High Commissioner for Human Rights, Michelle Bachelet, expressed alarm at the court decision, saying she had “serious concerns that the proceedings failed to comply with international fair trial standards”.

    A large number of the accused were reportedly tried in absentia, and 17 of those convicted were believed to be minors aged between 15 and 17, she added.

    Ms Bachelet also warned that the revocation of nationality could have serious consequences for the human rights of the individuals concerned and their families in all aspects of their daily lives, including the denial of the right to health, education and freedom of movement.

    “Under international law, revocation of nationality is prohibited if it does not serve a legitimate aim or is disproportionate,” she said.

    Article 15 of the Universal Declaration of Human Rights states that “everyone has the right to a nationality” and “no-one shall be arbitrarily deprived of his nationality”.

    The Sunni-ruled Gulf island has been wracked by unrest since security forces crushed pro-democracy protests led by the Shia majority community in 2011.

    The authorities have accused Iran of backing militants who have carried out attacks on security forces. Iran has repeatedly denied the charge.

     

    Source: bbc.com
    Published: 22 April 2019

  • Russia Offers Citizenship to Ukrainians in Breakaway Regions in a Provocative Move

    Russia said Wednesday that it will offer citizenship to Ukrainians living in the breakaway territories of the country’s eastern flank, a provocative move that President Vladimir Putin signed into law just three days after Ukraine’s presidential election.

    The move angered Kiev, where the issue of how to resolve the military conflict in the eastern region of the country was a central point of Sunday’s election. Volodymyr Zelensky,41, a comedian with no prior political experience, won the election in a landslide with 72% support.

    Zelensky, who will be inaugurated in June, said in a statement that Putin’s decision was a “clear confirmation to the world community that the real role of Russia, as an aggressor state, is waging war against Ukraine.”

    “Unfortunately, this decree does not bring us closer to the solution of the main task — a cease-fire,” the statement said.

    Zelensky defeated incumbent President Petro Poroshenko, who came to power in 2014, just months after Russian-backed rebel militias began fighting the Ukrainian military.

    The decree, which was posted on the Kremlin website [link in Russian], will ease the process for getting Russian passports to those living in the self-declared Donetsk and Luhansk people’s republics. The Kremlin said the decision was made “in order to protect the rights and freedoms of man and citizen.”

    “This is a duty of Russia to people speaking and thinking in Russian, who are now in a very difficult situation because of the repressive actions of the Kiev regime,” said Vladislav Surkov, a Kremlin advisor on Ukraine. “Ukraine refuses to recognize them as its citizens, introducing an economic blockade, not allowing them to the elections, and using military force against them.”

    Ukraine is a bilingual country, with Ukrainian and Russian spoken by nearly all of its 43 million people. While Russian has traditionally been the dominant language in eastern and southeastern Ukraine, the Ukrainian language has seen a revival across the country, despite Putin’s vow in 2014 to defend Russian speakers in Ukraine and around the world.

    Russia’s offer of passports would make it more difficult to reintegrate the separatist-held regions, which were once the industrial heartland of Ukraine. It would also give Russia more reason to justify military intervention to defend its citizens abroad.

    Poroshenko said Putin’s decision amounted to preparation for the Russian annexation of Ukraine’s Donbass region or for creating a Russian enclave within Ukraine.

    “I urge international partners to prevent the worst scenario, severely condemn the destructive and criminal actions of the Russian authorities, as well as to strengthen the regime of international sanctions,” the president tweeted.

    Poroshenko oversaw the rebuilding of the Ukrainian military through volunteer fighters and joint military exercises with the United States and other Western nations. The U.S. has sold the Javelin anti-tank missile system to Ukraine to help the country’s fight against the Russia-backed insurgents.

    Putin has yet to congratulate Zelensky for winning the presidential election. This week Kremlin spokesman Dmitry Peskov said it was too early for that.

    “It will only be possible to judge [him] by his actions,” Peskov told reporters on Monday.

    The conflict in the east has been a focal point of the West’s conflict with Russia since its start in 2014. After a protest movement in Kiev ousted Kremlin-favored President Viktor Yanukovich in February 2014, Moscow moved troops into the Crimean Peninsula in the Black Sea, under the pretext that Russia needed to protect the Russian-speaking population there. Moscow annexed the peninsula, an act that remains unrecognized by most of the international community.

    Immediately following the annexation, pro-Russia rebels occupied government buildings in the Donetsk and Luhansk regions and declared independence from Kiev. The rebels decried the protest movements in the Ukrainian capital as a fascist coup.

    Russia, which has supported the militia-controlled territories with money and fighters, has repeatedly referred to the conflict as a civil war. A peace plan known as the Minsk Agreement was signed by Ukraine and Russia in 2015 but has failed to end the conflict. More than 13,000 people have died and nearly 2 million people have been displaced as a result of the conflict.

    Denis Pushilin, head of the self-proclaimed Donetsk People’s Republic, said on the separatists’ official website [link in Russian] that Russia’s decision to allow residents in the territories to apply for citizenship was a “milestone in the history of our young states.”

    “We have been waiting for this step for a long time and are immensely glad that this day has come,” he said.

    The U.S. Embassy in Kiev condemned Putin’s decision in a tweet Wednesday.

    Source: latimes.com
    Published: 24 April 2019

  • CBI Programs of Caribbean Nations Brings No Undue Tax Advantage

    The UK based tax advisory firm Smith and Williamson in a report released in April 2019, illustrated the differences between one’s citizenship, residency, and tax residency, underlining that second citizenship has little to no effect on a person’s tax liability.

    The leading tax advisory firm is the second to weigh in on the relationship between citizenship by investment (CBI) and taxation. A similar report was produced by global tax advisors Ernst & Young (EY) published on 12 March 2019.

    In it’s report the independently-owned firm explored what benefits, if any, could be drawn by becoming not just a citizen, but also a tax resident of any one of three Caribbean jurisdictions offering CBI, concluding that: “This does not create an undue tax advantage and in many cases can result in the individual being exposed to double taxation that cannot be mitigated under the domestic tax credit relief rules of the countries in question.”

    The report finds citizenship and tax residency distinct, and declares that the CBI programmes of Dominica, St Kitts and Nevis, and St Lucia pose no risk of tax evasion or misreporting under the CRS:

    “In conclusion, Smith and Williamson believe that Citizenship by Investment does not present a risk to facilitating tax evasion, as citizenship alone is insufficient to secure tax residency of a country.”

    EY’s report also concluded that: “Citizenship is a concept distinct from tax residency. Citizenship should not give rise to tax avoidance and evasion opportunities, as the reporting rules are explicit in not using citizenship as a test.”

    Smith & Williamson’s work plays an important role in fostering a better understanding of the CBI industry, not least because certain CBI programmes have been heavily criticised by the European Commission, the OECD, and others, based on the erroneous assumption that they afford, as a primary or secondary benefit, tax residency. Smith & Williamson clarifies that this is not the case, and provides a detailed review of the programmes of Dominica, St Kitts and Nevis, and St Lucia to drive the point home.

    CBI Programmes Pose No Risk of Tax Evasion or Misreporting

    Taxation, says Smith & Williamson, is generally related to a person’s tax residency, not citizenship:

    “Although an individual can have citizenship rights or residence rights in a number of different countries, usually only countries where an individual is resident for tax purposes can tax the individual’s worldwide income and gains.”

    Whether a person is a tax resident of a country depends on that country’s specific rules. In the vast majority of countries, including Caribbean CBI jurisdictions Dominica, St Kitts and Nevis, and St Lucia, tax residency is determined by a person’s centre of vital interests or domicile, i.e. the place wherein a person has a permanent intention to reside, as evidenced by past or current habitual residence. It is “very rare” for citizenship alone to determine tax residency, with the most notable exception to this being the United States. “Therefore, merely obtaining citizenship of St Lucia, Dominica, or St Kitts and Nevis is not sufficient to make an individual a tax resident of these jurisdictions.”

    With regards to reporting under the CRS, Smith & Williamson notes that this too is “based on tax residence and not on citizenship or the right to reside in a jurisdiction,” and, consequently, that CBI programmes pose no risk to proper CRS reporting.

    Double Taxation Agreements

    Smith & Williamson examines Double Taxation Agreements, or DTAs, which are treaties agreed between countries to prevent individuals who are tax resident in more than one jurisdiction being taxed on the same capital twice. DTAs contain “tie-breaker tests” to establish to which country a dual tax resident must pay tax. The United Nations offers a model DTA, under which the tie-breaker tests do “not consider citizenship at all.” Rather, they consider the person’s permanent home, centre of vital interests, and habitual abode. The OECD model similarly only considers citizenship as a last resort, if an individual has “failed all other tie-breaker.”

    Conclusion

    At a time when CBI is frequently misinterpreted and CBI programmes are subjected to undue criticism, the research conducted by Smith & Williamson affords necessary insight into the meaning of citizenship and its independence from tax residency. Importantly, it affirms that, in providing citizenship and not tax residence, CBI programmes offer no assistance to those who would seek to avoid tax or proper tax reporting.

    Smith & Williamson comes to the same conclusions as those recently drawn by EY, adding further weight to calls for a re-evaluation of CBI programmes by those international organisations who have largely based their analysis on a misconception.

     

    Source: wicnews.com
    Published: 17 April 2019

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