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  • St Kitts-Nevis Sugar Fund CEO Fired

    BASSETERRE, St Kitts — The chief executive officer at the St Kitts breaking-news_small
    and Nevis Sugar Industry Diversification Foundation (SIDF), Terrance Crossman, has been terminated. Crossman was handed a termination letter on Friday. The reasons for his dismissal are unclear.

    The dismissal comes days after Prime Minister Dr Timothy Harris indicated during his most recent press conference that ongoing investigations into the foundation were just about completed and the SIDF will soon be brought under Parliamentary scrutiny, as promised by his Team Unity administration prior to the 2015 elections.

    “The legislative framework being pursued by two QCs in our country is substantially complete, last I inquired they should be submitting it to us by next week. However they advised that it would be helpful to get the final report to see how that can be tweaked in light of any issues that may be pertinent to the new governance agenda. The commitments which we made in the manifesto to greater transparency would certainly be embedded in the next legislative creation that we would bring in relation to the SIDF and it may be called another name so that we distance ourselves from that grievance and abomination it turned out to be,” Harris said.

    The SIDF and its operations have come under heavy criticisms over the years over its lack of transparency and accountability. It was sharply criticized also for the fact that it operates as a private entity with funds generated from the sale of citizenships — a national commodity and privilege

    “We will not recoil from any of the commitments which we made with respect to the SIDF, that there must be public accountability, there must be regular reports being submitted to the parliament so that the people of the country can know more and become a part of what is happening with their patrimony,” Harris added.

    He indicated at the most recent press conference that the SIDF investigation was virtually complete except for necessary consideration and review by cabinet.

    “What has happened is once you get in to the tangled web there’s a lot more work that needed to be done for them to bring the kind of assurances. We expect very shortly and before the budget presentation, to be able to make a statement to the country in relation to that. It is not unheard of either in relation to a regular audit that you can have delays more so for the investigative nature of this one because part of it is to go through a maze of documents, find them, verify them etc and there has been some element of a lack of cooperation from some of the entities involved and that of course led to some delays in the finalization of the report but the report is substantially complete,” Harris said.

    “The absence of control at the SIDF was so bad that it was difficult for them to be able to move with the speed that had been anticipated and you add that to the fact that the SIDF had not produced audited financial statements for a significant period of time, the last one perhaps would have been 2013 that they had provided audited reports. You add that to the fact that you had entities such as the Kittitian Hill Belmont Resort whose report would impact upon the financial statement statements of SIDF and their accounting was not up to date in terms of auditing, so it is those complexities that has led to a prolonged engagement with respect to Ernst & Young presenting its report to us,” Harris concluded.

    The controversial management of the SIDF by the former Denzil Douglas-led administration came in for some unpleasant findings following a preliminary review in May by multinational firm Ernst & Young.

    Speaking at a monthly press conference held in May 2015, Harris said that the review of the SIDF operations over the period 2010-2014, which he announced on March 15, had revealed some troubling initial findings.

    “The review has revealed that the SIDF was operated in a manner unbecoming of a multi-million dollar entity. The board of councilors and senior management operated with scant regard for proper procedures and best practices expected of those with fiduciary responsibilities,” Harris said.

    The SIDF was touted by former PM and now leader of the opposition, Dr Denzil Douglas, as a private foundation outside the ambit of government oversight. Under the Douglas administration the fund amassed hundreds of millions of dollars from the sale of St Kitts-Nevis citizenship for up to US$400,000 cash per citizenship.

    The SIDF was founded in September 2006 by the National Bank Trust Company, which is a subsidiary of the St Kitts Nevis Anguilla National Bank, a public limited company with the majority shareholder being the federal government of St Kitts and Nevis.

    Source: caribbeannewsnow.com
    Posted: October 2016

  • St Kitts-Nevis Citizenship Unit Announces Accelerated Application Process

    Since taking up his post as the new CEO of the St Kitts and Nevis gCitizenship by Investment Unit (CIU), Les Khan has been working hard to implement reforms that will define the citizenship by investment (CBI) program as innovative and an international leader once again.  He achieved this at a two-day CBI conference that took place last week in Dubai when he announced a step change in what the CBI program in St Kitts and Nevis has to offer. He advised delegates that the CIU will now be able to offer an accelerated application process where applicants will be fast tracked and approvals granted within 60 days.

    The CIU under Khan’s leadership has been undergoing a number of reforms including the strengthening of its vetting process and the implementation of a technical committee. This therefore means that the same high standards of due diligence will apply to every new applicant but as a result of increasing the team and expanding on their expertise, applicants will now be able to be fast tracked at a premium.

    “It was my ambition to improve the service delivery and performance of the Citizenship by Investment Unit and I am grateful to the cabinet of the Prime Minister Dr Timothy Harris for sharing this vision, for having confidence in the unit and for having a commitment to deliver a platinum service,” Khan said.

    He added that, with the improved processes and systems in place, St Kitts and Nevis is able to provide applicants with a fast track service, including the issue of passports, which previously had been subject to lengthy delays.

    Khan noted that the clients in Dubai were eager to implement this new program and to this end he will be releasing guidance on the implementation of the initiative shortly.

     

    Source: caribbeannewsnow.com
    Posted: October 2016

     

     

  • Portugal’s Golden Residence Permit Programme (ARI) – as of the 30th September 2016

    To access the data sheet on the Portugal’s Golden Residence Programme (GRP) results as of the 30th September 2016, please click here

  • The Investment Migration Council Reaches Nearly 300 Members

    Launched in October 2014, the Investment Migration Council governing-board-rros_resized(IMC) is the only global association for professionals involved in investor migration and citizenship-by-investment. The IMC has been growing rapidly under the leadership of its Chief Executive, Bruno L’ecuyer.  It has recently reported that its membership has grown to nearly 300, with members from over 30 countries in Europe, Asia Pacific, Australasia, Middle East, Africa, Caribbean, and North America.

    The IMC’s main objective is not to only to respond to industry needs, but to lead the investor migration sector by setting industry standards worldwide. In the last twelve months alone the organization has launched the industry’s Code of Ethics and Professional Conduct policy, aimed at improving standards, transparency and elevating client confidence in a rapidly growing market. It also successfully organized the first Investment Migration Forum — Dubbed the ‘Davos’ of the Citizenship-by-Investment industry meeting, which has governments, leading business professionals and academics meet in Geneva for three days of policy discussions. The organization further aims to help improve public understanding of the issues faced by clients and governments in this area.

    IMC Chairman, Professor Dr. Dimitry Kochenov, commented: “We are absolutely delighted at having reached this important milestone. It is no surprise that industry professionals have, and continues to see the tangible advantages of belonging to the IMC.’’ Members benefit from the professional development, networking opportunities and information services provided by the association. The IMC also enables members to increase their business’ reach and enhance their brand position by informing them about the most up-to-date-industry trends.

    Austin Fragomen, founding partner of the world’s largest immigration law firm, said, “An important role of the IMC is to bring together what is essentially a global community. The IMC has managed in a very short space of time to forge strong foundations that bridge the gap between governments, academics and professionals in this fast-growing industry.’’  Christopher Curmi, Director of Deloitte, added: “The IMC is first and foremost the association for leading professionals and companies in the field, but also plays a crucial role with governments and regulators, leading academic debate and research. No doubt the IMC will continue its success in uniting the industry and establishing the highest standards.”

  • Developer Fined for Misleading Home Buyers

    Pafilia Cyprus Property Developers has been fined €100,000 for cyprus_apartmentsmis-leading home buyers in a case that focused on the commercial practices that the company used in 2007 when selling apartments to them.

    The complaint was filed with (CCPS) by home buyers in December 2013. The case focused on the commercial practices which Pafilia Cyprus Property Developers had used back in 2007 in selling flats to them. The buyers who purchased apartments from the company accused the seller of hiding important information, such as the fact that there were mortgages on the properties already.

    This meant that the buyers could not actually get a hold of their Title Deeds until the developer could pay off debts.

    In other words, they were not the official owners of the properties they had bought with their own money. But in their home countries, they said, as soon as someone pays for a property in total, they get the Title Deeds regardless of any outstanding balances owed by the developer. They also accused Pafilia of supplying them with misleading promotional material, said to have included information mentioning that law in Cyprus was based on Anglo-Saxon law.

    The company maintains that the buyers were fully informed, citing Pafilia’s own loan for the property which came from the same bank as that of their clients.

    The developer also said they had a lawyer go over the details with the buyers, explaining the situation in Cyprus which was different from that depicted in the pamphlets.

    Pafilia also says buyers are not impacted in any negative way by not having their own separate Title Deeds, saying that reselling the property is still possible under their current registration with the Land Registry.

    The company had been cooperative during the investigation of the complaint, according to the CCPS.

     

    Source: news.cyprus-property-buyers.com
    Date: 27 September 2016

     

  • EB5 Economist Launches Free EB-5 Project Job Calculator Tool

    On September 26th, EB5 Economist, an economic research firm specializing in analyzing the economic impact of EB5 projects, launched a newly developed, proprietary EB-5 Job Calculator. This calculator is a tool to help EB-5 project developers and professionals quickly estimate the number of EB-5 eligible jobs their project creates. The tool utilizes RIMS II data and works with projects across all 50 states.

    The tool has had an amazing launch, and within 2 days following the launch, EB5 Economist reported there have been hundreds of active users who analyzed over 1,500 projects to date. “We’re thrilled with the response we’ve seen for the job calculator so far,” said Founder and Managing Partner Erin Osborne. “We developed this tool as an alternative to a developer purchasing a preliminary report, which has historically been expensive and takes days to complete. Our goal was to develop a tool that was useful to EB-5 professionals and their clients that could help both make more informed EB-5 investment decisions and I think we’ve succeeded in that pursuit.”

    The free calculator, runs a preliminary EB-5 job creation analysis based on user-defined inputs such as hard construction expenditures, soft costs, and revenue from ongoing operations. The job calculator output shows total jobs created by a project, job creation by expenditure / revenue category, and maximum EB-5 capital raise for Targeted Employment Area (TEA) and non-TEA locations.

    While the tool itself is relatively straightforward and easy to use, the EB5 Economist team has also created a demo video with step-by-step instructions as well. The calculator is designed to be a back-of-the-envelope tool which provides directional guidance for developers. A full economic impact study is required for EB-5 projects and this calculator provides initial guidance and immediate feedback to developers and project sponsors on the potential EB-5 viability of a project.

    The Free EB-5 Job Calculator can be found here. More information about EB5 Economist can be found on their website which you can access using this link.

     

     

    Source: EB5 Economist Consulting, LLC.

  • Portugal’s Golden Residence Permit Programme (ARI) – as of the 31st August 2016

    To access the data sheet on the Portugal’s Golden Residence Programme (GRP) results as of the 31st August 2016, please click here

  • Cyprus Citizenship-by-Investment Program – September/2016 Amendments Reduce Minimum Investment and Introduce Residence Requirements

     

    The Cyprus Citizenship-by-Investment Program was amended on 13 September 2016, pursuant to a decision of the Council of Ministers.

     

    The new decision aims to make a successful Citizenship-by-Investment Program even more accessible and customized to the needs and conditions of the Cypriot and global economy.

     

    Four major changes were introduced:

     

    Firstly, the minimum investment barrier is reduced, enabling the investor to acquire citizenship on the basis of the purchase of a residence unit(s) in Cyprus with a total value of €2 million, instead of participating in a collective investment scheme with 2,5 million, as provided in the old Program. Investments in other real estate, businesses and funds are also eligible under the €2 million threshold, plus a residence unit of €0,5 million plus VAT, instead of €3 or €5 million provided by the old Program.

     

    Secondly, the applicant investor must be the holder of a residence permit, in order to qualify for Cypriot citizenship. In practice, this amendment is expected to have minimal effect on the processing time for the acquisition of citizenship; the applicant shall apply for a residence permit on the same day that he applies for the Program, while no citizenship qualifying period is introduced.  The criteria for the acquisition of the residence permit are identical to those prescribed for the Program.

     

    Thirdly, the parents of both the applicant and his/her spouse are eligible to obtain citizenship, provided that they purchase a residence unit with a value of €0,5 million, plus VAT (if applicable).

     

    Fourthly, the options to acquire citizenship through deposits in banks and as a result of the 2013 “haircut” are abolished.

     

    Cypriot citizenship shall be acquired when a foreign investor/entrepreneur meets the requirements under one of the following four options:

     

     

    1 Investment in real estate, land development and infrastructure projects

    The applicant must have made an investment of at least €2 million for the purchase or construction of buildings, or for the construction of other land development projects.

     

    2 Purchase or creation or participation in Cypriot businesses or companies

    The applicant must have made an investment of at least €2 million in the purchase, creation or participation in businesses or companies that have a tangible presence in Cyprus and employ at least five (5) Cypriot or EU citizens.

     

    3 Investment in Alternative Investment Funds or financial assets of Cypriot companies or Cypriot organizations licensed by the Cyprus Securities Exchange Commission

     

    4 Combination of the aforementioned options of at least €2 million

     

    For the purposes of this option, the investor may purchase special state bonds of the Republic of Cyprus with a value of at least €0,5 million.

     

    Criterion 1 shall remain the most popular and cost-effective option, enabling the investor to acquire citizenship on the basis of the purchase of a residence unit(s) in Cyprus with a value of €2 million provided that at least one of these residence units has a value of €0,5 million, plus VAT (if applicable).

     

    A transitional period is granted until the 31st October 2016, during which an investor can choose to apply under the new or the old scheme.

     

     

    Author: Michail Kamperis, Partner, Ierotheou, Kamperis & Co. LLC
    www.iklawfirm.com

  • Dual Citizenship Controls and Restrictions in Russia

     

    This article concerns the dual citizenship control and restrictions in Russia on the background of general increasing legislative pressure in the Russian Federation, which have had place for several last years.

     

    Before anything else, it is necessary to point out that dual citizenship came into the Russian law only 25 years ago with crumbling the Soviet system and adoption of a new legislation on citizenship. The Article 62 of the Constitution of Russia of 1993 granted the right for dual citizenship for all Russian citizens.

     

    Federal Law on Citizenship of the Russian Federation was adopted in 1991 and completely revised in 2002. Now it is in force with numerous amendments.  This Law makes difference between the dual citizenship and the second citizenship. The dual citizenship can be possible for Russians only on the ground of international agreement. It is important to notice that Russia concluded few numbers of international treaties which contain provisions related to the dual citizenship. All other cases of obtaining foreign citizenship is considered as the second citizenship.

     

    The Russian Federal Law does not prohibit the second citizenship. However, it is a subject of restrictions and control. The acquisition of another citizenship by a citizen of the Russian Federation shall not entail termination of the citizenship of the Russian Federation. At the same time, Russian citizenship can be granted by a decree of the President of Russia to foreign citizens. Persons who obtain the second citizenship are limited in their civic opportunities, e.g. they can’t have an access to civil service or establish mass media and control mass media in Russia. Besides, they should execute their citizen’s duties that both of the countries imply. Persons who obtain the second citizenship should declare about their foreign citizenship to the Russian bodies for migration control according to the Citizenship Law amendments of 2014. They shall submit a special declaration in according with approved form to the competent local department of Ministry for Internal Affairs (previously, to the Federal Migration Service) in 30 days. If a person who obtains the second citizenship does not submit the declaration on foreign citizenship, he should be prosecuted by criminal law.

     

    Nowadays Russia is implementing the concept of “Nationalization of elite” and is trying to go the extra mile to control dual and second citizenship in this context. Accordingly, these actions restrict Investment migration through citizenship. However, Russian people have always been striving to obtain dual or second citizenship. It happens due to the fact they are afraid of their own government, of an economic and political instability, of the ghost of “Soviet rulings” restoration.

     

     

    Author: Paul Kalinichenko, Doctor of Legal Science, Professor, Kutafin Moscow State Law University
    paulkalinichenko@mail.ru

  • Modern Chinese Immigration

     

    As we know, China is the second largest economy of the world and Hurun Report (2015) further shows that it’s the first time the number of billionaire in China is more than the one in the US.  Chinese now are actively seeking for transformation and globalization particularly through oversea migration.

     

    In the immigration market, China lately moved up its ranking as the 4th largest exporter of immigrants from the 7th position. European countries (except UK) are increasingly prevalent for their low threshold of investment. However US remains as the number one choice especially via EB-5 immigration program, despite the fact that US is imposed a stringent tax law FATCA where all tax residents are required to report their worldwide assets and incomes to the US tax bureau. Foreign financial institutions need to reveal account details of US and US tied investors, based on an IGA (Inter Government Agreement) with US.

     

    Donglin Family Office, who is dedicated to high net worth Chinese in Greater China, recognizes that top reasons for immigration are to seek for better education and opportunity of their children, this is because 80% of the world’s best schools are situated in US.   Purpose of immigration nowadays could go beyond these, for some finding a tax haven is a higher priority.  Citizenship change and financially acquiring passports become a common tool in achieving this. It’s evidenced by events such as Chinese were fighting for immigration to Hong Kong for the sake of low-tax benefit before Hong Kong government suspended applications.  Malta and Antigua are popular with citizenship buying.  To some extent, Chinese also learn to catch up the burgeoning trend setting up companies and trusts offshore, particularly in tax-privileged jurisdictions like BVI and Cayman Island to gain local tax benefits.

     

    In the light of globalization sentiment, previous G20 meeting held by OECD in 2013, had rallied for tax transparency and BEPS (Base Erosion and Profit Shifting) actions among participating members. To effectively facilitate the realization, more agreements such as CRS (Common Reporting Standard) are in place to support and reinforce individual’s financial information exchange between countries.  Last year China joined MCAA (Multilateral Competent Authority Agreement) and agreed to implement it officially from the September of 2017 and 2018 with different stage of compliance required.  By doing so, global tax transparency could be achieved.  Wealthy individuals and international organizations no longer can abuse the tax difference between borders and countries, but are forced to conform to international binding.

     

    As a hosting country of G20 in 2016, it could offer a great opportunity for China to emerge from a rule-follower into a dominate player, having more impact in the future.  With upcoming requirements in tax reporting and individual information exchange, more planning and matters should be taken into consideration to meet the purpose of immigration prior to proceeding.  As a founding member of IMC, Donglin Family Office, aims to provide custom-made solutions and service to handle potential changes and challenges imbedded in the immigration process and family succession.

     

     

    Author:  Victor Ai, Co-Chairman,  Donglin Family Office (HK)
    www.donglinfamily.com

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