Beneficial Ownership Transparency in Africa in 2022


Book Description

Beneficial ownership transparency is gaining ground in Africa. At the start of 2023, 23 of 54 African countries have laws and regulations requiring the real people - the beneficial owners - behind legal vehicles to disclose themselves to a government authority. More than half of the continent has committed to publicly disclose the beneficial owners in sectors prone to corruption and fraud: public procurement and the extractive industries.Lifting the veil of secrecy that shrouds the owners of companies, partnerships, trusts and foundations is a central tool for African governments to tackle illicit financial flows. The case studies included in this paper - from Cameroon, Kenya, Liberia, and Senegal - show the impacts of beneficial ownership transparency or the consequences of its absence. The absence of beneficial ownership transparency may have helped facilitate the capture of state resources and minerals by politically connected elite, and the theft of funds meant for responding to the Covid-19 pandemic. In the wake of the scandals illustrated in the case studies, African nations introduced new laws for beneficial ownership transparency or sealed loopholes in existing legislation. This paper examines the commitments of all African countries to beneficial ownership transparency. It delves more deeply into the 18 African jurisdictions covered by the Tax Justice Network's Financial Secrecy Index 2022. This includes assessing who has to register, when they have to register, and if the public has access to information on the real owners of companies. For effective beneficial ownership transparency, African countries can take further action, as outlined by the Tax Justice Network's Roadmap for Effective Beneficial Ownership Transparency. For beneficial ownership transparency to help in the fight against illicit financial flows, all owners of all legal vehicles need to register and keep their information up to date with a government authority. All information should be accessible to the public, and there should be rigorous verification mechanisms in place and sanctions that are strong enough to act as a deterrent.




Global Forum on Transparency and Exchange of Information for Tax Purposes: Kenya 2024 (Second Round, Combined Review) Peer Review Report on the Exchange of Information on Request


Book Description

This peer review report analyses the practical implementation of the standard of transparency and exchange of information on request in Kenya, as part of the second round of reviews conducted by the Global Forum on Transparency and Exchange of Information for Tax Purposes since 2016.




Beneficial Ownership


Book Description







A Beneficial Ownership Implementation Toolkit


Book Description

In 2016, the G20 called on the FATF and the Global Forum to propose ways to improve the implementation of the international standards on transparency, including on the availability of beneficial ownership information, and its international exchange. The Global Forum developed a framework of proposed actions to answer that call, including a plan to facilitate effective implementation through examples of good implementation and technical assistance. This toolkit is in furtherance of the Global Forum’s commitment to support countries’ effective implementation. It is intended to help jurisdictions to develop an understanding of the beneficial ownership concepts contained in the international standards of transparency and exchange of information, and for use in conjunction with technical assistance seminars. It will support policy and implementation discussions in conjunction with capacity building workshops and technical assistance activities carried out by the Global Forum Secretariat as well as other supporting international organizations.




The Puppet Masters


Book Description

This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.




Global Forum on Transparency and Exchange of Information for Tax Purposes: Kenya 2021 (Second Round, Phase 1) Peer Review Report on the Exchange of Information on Request


Book Description

This publication contains the 2021 Second Round Peer Review Report on the Exchange of Information on Request of Kenya. It refers to Phase 1 only (Legal and Regulatory Framework).




Tax and Development: Solving Kenyas Fiscal Crisis through Human Rights


Book Description

Taxation is perceived by citizens as a compulsory contribution to the state yet, the legitimacy of the state rests on the publics acceptance of the states right to levy tax and redistribute it in such a manner as to promote the overall good of society. The modern developing state can be said to be facing a crisis of fiscal legitimacy, afflicted by poor governance, poor societal participation, corruption and a lack of accountability. This book investigates whether a possible remedy in averting the fiscal crisis is firstly, to re-establish a link between taxation and government expenditure in the developing state and to utilise human rights law, principles and policies to link tax revenue to expenditure through re-distribution. This thesis will consider whether human rights may be the tool or vehicle for citizens to assess fiscal allocations It analyses developing countries with reference to Brazil and India and more specifically Kenya.




Kenya


Book Description

Kenya is navigating a turbulent global backdrop marked by volatile commodity prices, slowing growth in key trading partners, and constrained frontier market access to international capital markets. At home, a smooth transition following the August elections demonstrated Kenya’s increasing institutional strengths, while the multi-season drought has worsened food insecurity for vulnerable populations in arid and semi-arid regions and kept food prices elevated. Strong tax overperformance in FY2021/22 helped cushion some of these shocks, and the administration of President Ruto eliminated petrol subsidies in their first week in office. Inflation has breached the central bank (CBK) target band, and monetary policy has been tightened by 175 basis points this year. Foreign reserves are adequate, but lower than previously projected given shortfalls in FY2021/22 external public commercial and project financing, spending cuts in FY2022/23 also extending to externally-financed projects, and the prospects for continued challenging market conditions for frontier economies into 2023.