-Caveat Lector-

from:
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Money Laundering

We'll Set You Free: But No Competition

Keeping the Laundry in London

In return for citizenship, Britain�s offshore dependencies are being
asked to clean up their banks. But will that merely drive hot money
elsewhere?
THE British government�s plans for the country�s dependent territories
have all the hallmarks of its much-touted �ethical� foreign policy.
Unveiled by Robin Cook, the foreign secretary, on March 17th, they give
the dependencies� 160,000-odd people full British citizenship. This was
capriciously taken from them in 1981, in order, it was suspected, to
avoid having to grant it to millions of Hong Kong Chinese. In keeping
with the government�s sensitivity to language, the plans also drop the
�dependent� tag, renaming them UK Overseas Territories. But there is a
price for this post-imperial largesse: they have to ditch old-fashioned
laws, such as bans on homosexuality or those allowing corporal
punishment. And they have to clean up financial systems that have often
earned them�and by association Britain�a bad name.

There are 13 dependent territories, three of them uninhabited. Many
require subsidy and defence�the Falkland Islands being the most
expensive example�and their occasional disasters, such as the volcano
that recently rendered two-thirds of Montserrat uninhabitable, are a
distraction for busy ministers. But most annoying for an image-conscious
administration is that several have been accused of condoning
money-laundering�helping to disguise the origin of ill-gotten funds.

Four Caribbean territories�Anguilla, the Cayman Islands, the Turks and
Caicos and the British Virgin Islands (BVI)�plus Bermuda and Gibraltar
depend in part on financial services and so are vulnerable to this
charge. The Americans, in particular, are irritated by what they
consider to be tax havens, some just off their coast, perfectly placed
to launder the earnings of Latin American drug barons. (Drugs are
thought to be the primary source of dirty money).

Despite some inevitable muttering about British interference, the
dependent territories are likely to accept the deal. After a few
scandals, such as the arrest in Miami in 1986 of the chief minister of
the Turks and Caicos islands for drug smuggling, the territories have
long since succumbed to international pressure to resist money
laundering. Britain forced Montserrat to close down most of its 300-odd
�brass-plate� banks after a fraud scare in 1989.

Now it and four other Caribbean territories, along with Bermuda, are
members of a wider Caribbean Financial Action Task Force (CFATF), set up
in 1992 to combat money laundering. It has promised that by the end of
this year it will have implemented the anti-money-laundering scheme
devised by the UN�s Drug Control Programme. Most members have already
passed anti-laundering legislation. Even the Cayman Islands, after long
infuriating America by refusing to pursue tax evaders (having no direct
taxes itself, it does not consider tax evasion illegal), has agreed to
do so, so long as some other crime is involved.

Washing whiter


The international pressure is mounting. The OECD, the United Nations,
the EU and the G7 group of leading industrial economies all have plans
to fight money-laundering. Britain wants its dependent territories to go
further. Banking-style supervision is to be extended to other
institutions, such as investment trusts, insurers and stock exchanges.
The territories will also be required to co-operate more readily with
outside law enforcement agencies. Rather than simply provide a
�gateway�, by passing on information, they will have to conduct
investigations on behalf of overseas regulators, and compel citizens to
produce evidence for them.

There is much chummy chat about �partnership� between the territories
and Britain. But there remains a certain suspicion on both sides. The
British, and other big countries trying to crack down on money
laundering, fear that it may prove impossible. After all, as the
OECD-sponsored Financial Action Task Force (FATF) noted in a report last
month, no sooner has one loophole been closed than another opens.
Illicit cash can be laundered through a whole variety of frauds using
property, construction, insurance, stockbroking, foreign exchange, gold
or jewellery.

Moreover, while banking-secrecy laws have been dented in many
jurisdictions�such as Switzerland�the FATF has noted the growing
involvement of professionals such as lawyers and accountants, who are,
unlike bankers, not obliged to report suspicious transactions. Indeed
some experts think that the professionals are the real villains of the
piece. Prem Sikka, professor of accounting at Essex University, believes
that accountants and auditors should have a statutory duty to report
money laundering within 48 hours of detecting it. But even that could be
defeated by the well-honed practice of �smurfing��breaking transactions
into smaller volumes to slip them under reporting thresholds.

For their part, some offshore centres feel that they are being picked on
unfairly. Some argue that interfering too much in their affairs will
drive money�including legitimate funds�to much dodgier places. Not so
far from the British dependencies lies Antigua, named in a report this
month by the American State Department as �one of the most attractive
centres in the Caribbean for money launderers�. The FATF records that
Russian crooks have recently favoured Pacific centres such as Western
Samoa, Nauru, Vanuatu and the Cook Islands. And the offshore centres
argue that it is not only they who are vulnerable to criminals. So much
money passes through the City of London, the world�s biggest
foreign-exchange market, that the State Department ranks Britain ahead
of many offshore centres as being �of primary concern.�

Others claim, sotto voce, that they are taking the blame for America�s
failed war on drugs. The loss of privacy demanded by all these
regulators and policemen comes at a price. Edmund Bendelow, president of
the Offshore Institute, a body representing professionals such as
accountants and lawyers, says �the big issue is being lost. Under UN and
EU human rights conventions you have a right to privacy.� Individuals
may have legitimate reasons for holding money offshore and for keeping
it to themselves. Corporations, he argues, often use offshore centres
for reasons that have little to do with tax or secrecy, and a lot to do
with innovation�witness Bermuda�s or Guernsey�s insurance-law regimes.

The offshore centres are also upset about the OECD�s recent musings on
�harmful tax competition��an oxymoron in their book. George McCarthy,
the Caymans� financial secretary and CFATF chairman, recently accused G7
countries of �trying to impose their political will on the less strong.�
Such noble concerns for human rights and for the weak might resonate
more widely were it not that some offshore centres still enforce
repressive social legislation, while thriving, in part, on the proceeds
of crime.



The Economist, March 20, 1999


U.S. Stocks

The Bulls Last Charge?

White House outlaws down days

The Dow keeps setting new highs. But the number of shares whose prices
are still going up is dwindling fast
TRADERS cheered on the floor of the New York Stock Exchange as the Dow
Jones Industrial Average edged past the 10,000 mark for the first time
on March 16th. By the time the cameras ceased clicking, the Dow was back
in four figures again. The bull market in American shares is still under
way�but the Dow�s hesitant creep past its latest milestone reflected
growing unease. The stockmarket indices are increasingly dependent on
only a handful of shares to lift them higher, raising questions about
whether this dwindling band can take the strain.

Wall Street�s best-known bulls are still rampant, however. Ralph
Acampora, of Prudential Securities, now has his sights on a Dow at
11,500 some time this year. Abby Joseph Cohen, of Goldman Sachs, is more
bullish than ever�even spotting signs of improvements in some of the
world�s most troubled economies, which would bode well for American
corporate profits.

Many bearish commentators (a category that has included The Economist),
are loth to cry wolf again, having been embarrassed too often during the
past few years. Why not 11,500, they shrug? For that matter, why not
36,000, as suggested by James Glassman of the American Enterprise
Institute? After all, share prices now owe more to faith in the
miraculous power of Mammon than to any prudent analysis of economic
fundamentals.

True, the profitability of American companies has increased impressively
during the past few years, partly justifying higher share prices. But
Ned Riley, a strategist at Bank Boston, calculates that only 20% of the
rise in the broad S&P 500 index since 1990 was linked to increased
profits. Fully 80% stems from rises in the average p/e ratio�of share
prices to profits�which has now reached its highest ever. And there is
no sure way of predicting what will cause investors to lower their
expectations. Disappointing profits have not yet done so; according to
First Call, a research firm, the earnings of the S&P 500 rose by only
3.7% in 1998 compared with 1997, far below expectations a year ago.

But recently the bears have found fresh justification for their gloom in
signs that America�s new popular religion has become narrower. Belief in
the virtues of shares in general is giving way to faith in a few
talismanic shares. Whereas on March 16th the Dow was 12% higher than it
was on June 1st 1998, and the S&P 500 20% higher, the Russell 2000
index, which contains a much broader spectrum of shares, was down by 11%
(see chart). The ten best-performing Dow shares are up by 48% since last
June. According to Philip Roth, an analyst at Morgan Stanley, two-thirds
of the shares in the Russell 2000 are now more than 20% below their 1998
highs.

Individual investors have not escaped this. Morningstar, a research
firm, says that the average stockmarket mutual-fund is up by only 0.5%
so far this year, compared with more than 5% for the S&P 500.

The growing gap between a few leading shares and the rest makes some
sense. Last year, most of the 50 biggest S&P 500 shares delivered higher
profits, whereas the earnings of nearly two-thirds of the remaining 450
fell. The average p/e of the 100 biggest S&P 500 companies�around 32
times forecast 1999 profits�is well above the 19 times for the smallest
100. In other words, investors expect continued faster earnings-growth
from giant firms like Microsoft and General Electric.

Demanding times


If, as seems quite likely, these firms fail to maintain this expected
breakneck growth, disillusioned investors may punish them severely�as
they recently did one wonder-share, Dell, when its revenues (not even
profits) disappointed them. In general, only a few Wall Street analysts,
led by Abby Joseph Cohen, are optimistic about profits this year. Most
macroeconomists predict another tough year. And there is concern about
the quality of company reporting. In his latest letter to shareholders,
a much-followed investor, Warren Buffett, observed that �a growing
number of otherwise high-grade managers have come to the view that it�s
okay to manipulate earnings to satisfy what they believe are Wall
Street�s desires�.

Yet, for all this, it is possible that big shares will continue to rise.
One reason is that American baby-boomers are pumping money into
retirement funds, and a growing share of this money is going into funds
that track big stockmarket indices. One recent study* tackles
economists� traditional argument that mismatches of supply and demand
should not move share prices because the market is �efficient��meaning
that prices reflect all available information. It found evidence that
surges of money into index mutual-funds led to permanent increases in
share prices, and may explain up to 30% of the recent increase in the
S&P 500.

Some 29% of money invested in American equity mutual-funds in 1998 went
into index funds�six times the proportion in 1994. Many big mutual funds
that claim to be actively managed also, in practice, track indices.
Pension funds, too, are indexing more than ever.

Two other sources of demand also favour big stocks. Foreign investors
are pouring money into American shares�with net purchases of $64 billion
in 1997, and $43 billion in 1998�and they typically choose well-known
companies. Firms have also been buying their own shares�last year alone
they bought $263 billion more than they issued (presumably not, perish
the thought, because this keeps the prices of managers� share options
up). Much of this is done by bigger companies, which have spare cash or
can borrow cheaply.

How long demand remains so strong will depend, in part, on America�s
macro-economic policymakers. The Federal Reserve, which cut interest
rates three times late last year, seems unlikely to put them up again
until there are clear signs of consumer-price inflation. Nobody expects
that soon. New data from the Fed shows that America�s financial sector
borrowed a record $1.1 trillion last year (up from $653 billion in
1997). Much of this can be attributed to Freddie Mac and Fannie Mae, two
federal-government-sponsored mortgage agencies. David Tice, of the
Prudent Bear Fund, says that, for no obvious reason, they went on a
lending binge just as the rest of the market dried up in the panic of
last autumn. Will the authorities reduce this flow of money any time
soon? Maybe. But next year both the Clinton administration and Alan
Greenspan, the Fed�s chairman, come to the end of their terms in office.
Both may feel tempted to keep inflating the stockmarket bubble and leave
the aftermath to their successors.

The Economist, March 20, 1999
-----
Aloha, He'Ping,
Om, Shalom, Salaam.
Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Amen.
Roads End
Kris

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