-Caveat Lector-

from:
http://www.wired.com/news/news/business/story/21610.html
<A HREF="http://www.wired.com/news/news/business/story/21610.html">Business
News from Wired News</A>
-----
   updated 3:00 a.m.  11.Sep.99.PDT

Anguilla Creates Indelible Inc.
by Declan McCullagh
12:00 p.m.  7.Sep.99.PDT
BRISBANE, Australia -- Alan Jones is an unlikely advocate of tax havens.

The veteran British bureaucrat seems visibly uncomfortable talking up
the benefits of hiding money where tax collectors can't find it.


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"I never thought I'd see the day as a civil servant where I'd be talking
about this," he says.

But when Jones moved to Anguilla three years ago and became the
registrar of corporations in this tiny British protectorate with no
personal or corporate income taxes, he overcame his doubts and got
laissez-faire religion.

"It's my business to allow people to trade anonymously and avoid paying
tax," he admits.

To lure offshore investors hoping to dodge the IRS or conceal assets
from a divorcing spouse, the government recently opened a Web site that
lets registered users form a completely official Anguilla-based
corporation online.

It takes about five minutes and costs US$250. When you're done, you get
a certificate of incorporation with a bright red seal on the bottom of
the screen that you can print out -- and, believe it or not, that's all
you need under Anguillan law to go into business or to open an account
at a US bank.

"Setting up a company is a matter of filling out a very simple form,"
Jones said Tuesday at a conference here organized by the John Galt
Society. "We're the only registry in the world that uses this sort of
system."

The idea is that savvy investors can transfer valuable assets such as
cars, houses, or bank accounts to an offshore corporation -- where
they'll be outside the reach of all but the most determined tax
authorities. The form requests no information about directors or
shareholders.

But how to get, say, cash from a Caribbean bank account back to the
United States, undetected? "Stuff it down your trousers and look
innocent when you're going through customs," Jones said. "There is no
other way of doing this. It is very difficult."

So is setting up a truly anonymous bank account in Anguilla, a Caribbean
island of 36 square miles and 10,000 people.

Like many other governments, Anguilla has adopted so-called Know Your
Customer rules that require banks to monitor customers for normal and
expected behavior, determine the source of their funds, and alert the
authorities to "suspicious" activities. (In the United States, banking
regulators abandoned a Know Your Customer plan -- at least temporarily
-- after more than 250,000 irate Americans complained that it would
invade their privacy.)

Jones explains the apparent mixed message by saying Anguilla doesn't
want to attract money related to the sale of illegal drugs.

But it's perfectly happy being a tax haven. "In Anguilla there are no
taxes, which means there are no laws, which means you can't break laws,
which means there are no offenses," Jones says.

Translation: When the IRS comes knocking, you can bet that the door
won't open.

Some technology companies have been attracted by Anguilla's hands-off
approach.

Vince Cate of Offshore Information Services Ltd. moved his Internet
company there a few years ago, and Hushmail avoids US restrictions on
encryption exports because the site's crypto products were developed in
Anguilla. Cryptographers now regularly flock to the annual financial
cryptography conference held there every February.

To register a company online through the government's Web site, you need
to go through an agent (some are helpfully listed). Registration as an
agent is free, although Jones said the government must verify your
identity.

Prospective incorporators also need to retain a local representative,
who will typically charge a few hundred dollars for the service. Under
Anguillan law, that person or firm is supposed to know the identity of
the corporation's directors and shareholders, although privacy rules
limit the disclosure except in limited circumstances.

A US attorney specializing in offshore trusts and corporations said he
welcomed Anguilla's move.

"It's a refreshing new venue that hasn't been found," said Morty
Ebeling, a Salt Lake City, Utah lawyer who charges clients US$3,000 to
register companies in other Caribbean countries.

"The Bahamas takes -- if I'm lucky -- 10 days, and it's more costly. But
the problem is still, can we overcome the banking situation? If you have
to 'Know Your Customer,' anonymity is gone," he said.

Copyright � 1994-99 Wired Digital Inc. All rights reserved.

-----
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