Offshore Banking Information
Over the past
16 years we have of course been helping our clients with a
number of different things, including bank account
assistance. And as one might expect, there are a
group of questions that are most often asked of us by
clients that are considering an offshore bank
account. Below is a list of such questions and are
reply accordingly.
Is My Money Safe In An Offshore Bank ?
This
is probably the number one question that we hear, and
quite frankly an understandable one. For US citizens
especially, this concept of FDIC insurance is one that
makes them fearful of banking in another country or
jurisdiction. In reality, most modern banking
jurisdictions have very strict and stringent regulations
in place to ensure liquidity, and the safety of
depositors. These regulations or systems may be
different than what exists where you are doing your
banking now, but that does not mean that the protection is
less. As a case in point with both the Dominican
Republic and Panama, two banking markets we know the best,
a central banking system exists to regulate local banking
and to ensure stringent accounting practices. In
both cases, a banking license is not so easy to
obtain. Banks must prove certain reserve or capital
requirements before they can even open their doors to the
public. In addition, special reserve deposits are
maintained with the central bank at all times.
However, this is often in contrast to some other
jurisdictions, where so-called Brass Plate banks may be
permitted. The meaning of a Brass Plate bank is, a
bank that perhaps is legitimate, but is operating from an
obscure location with just a few employees and a bare
minimum of operating capital. In some cases, these
can be what are classified as CLASS B banks in terms of
the banking license they have in the jurisdiction where
registered. However, while Class B banks are not
supposed to solicit accounts or deposits from the general
public, many do regardless. And this is the type of
bank most people are fearful of, and is also the type of
bank that has caused problems for investors in the
past. It is ironic, but the majority of problems of
this kind have all seemed to have surfaced in English
speaking - Common Law jurisdictions. Jurisdictions
which sell banking licenses for a less than the cost of a
bay front condo in Miami. While it would appear that
scandals and problems with such banks in the past have
forced some of the English speaking Caribbean islands to
clean up their act, a new group of rogue banking
jurisdictions have sprung up. Some in particular
that are noteworthy (to be very cautious of) include many
of the former communist nations in Eastern Europe, such as
Macedonia (previously part of Yugoslavia, now a separate
and independent nation). Others include small and
obscure places like Vanuatu.
IS The offshore Bank Class A or Class B ?
For
starters, we suggest you look for a local bank that is
operating as a regular full service bank, which is usually
going to be what is referred to as a bank with a Class A
banking license from the jurisdiction it is operating
in. This kind of banking license will usually
require a much large initial operating capital required
(often US$10 Million at least) and principals of the bank
vetted and investigated by the local government authority
before such a license is granted. Class A banks
usually can offer credit cards, multiple currency
accounts, and other banking services that you are
accustomed to using in your home country. Class B
banking licenses are another matter, and are considered
limited banking licenses. In the past some
jurisdictions were offering Class B licenses for US$50,000
and not much else. And there were actually some
promoters selling these kinds of licenses to individual
investors who did not know better and were told they were
buying their own bank (or what they thought was a Class A
bank). Class B banks are not permitted to solicit
funds, accounts or deposits from general public.
Instead, they are meant to operate and offer limited
services to a small group that are the initial founders
and or members of the bank.
However,
in terms of banking options for yourself, you should be
looking for a Class A bank that has local depositors (not
just foreign clients). Since in some jurisdictions,
bankers actually go to jail if they mismanage customer or
the bank's funds, you can be well assured that a bank
which is serving the locals is one that will be well
scrutinized. This is especially true if local
businessmen, and government officials, have their money on
deposit. Local depositors and businessmen are no
less concerned about the safety of their money than you
are. So, just because the front door to a bank
located offshore does not say FDIC on the window, it does
not mean it is unsound or unregulated. Often enough,
it is more secure if it is located in a country that takes
regulatory responsibilities seriously.
About
Offshore Banks And Offshore Bank Accounts
As we already have stated,
many people are under the impression that banking offshore
is somehow dangerous, or perhaps illegal. Nothing
could be farther from the truth, although to be fair,
there have been some problems with some select financial
institutions in the past. However, all things
considered, investors often do find a world of new
services and opportunities banking outside of their home
country, including privacy and tax benefits. To
explain this a bit further, it is important to note that
ALL countries are really in competition with each other
for investment capital. As a result, many nations
have local laws or regulations in place that allow bank
account interest to be locally tax-free for
foreigners. In some cases, local bank account
interest might be tax free for both local citizens and
foreigners alike. In any event, it is important to
note that banking offshore could simply mean banking
outside of your home country, and not necessarily in what
could be called a tax haven jurisdiction. So,
banking in Austria, Hong Kong, Chile, Costa Rica, the
Dominican Republic and a number of other places, not
normally thought of as being tax havens, could also be
included in our definition of offshore banking.
Considering that banking offshore could mean banking in
another country other than your own, this could also mean
that investors have the opportunity to bank in other
currencies, taking advantage of higher interest rates or
currency exchange rates as well. In addition, since
LOCAL interest rates may be different than what they are
in your home country, this could also mean that even
interest rates for your home country currency (perhaps the
US Dollar or Euro, as an example) could be higher (and tax
free) as well. Stated another way, interest rates
investors earn are in part a function of supply and
demand, just like anything else. So, while you own
country might be experiencing and economic recession at
the moment, and interest rates low as a result, this does
not mean that the entire world is experiencing the same
thing. To illustrate this, countries such as the
United States might be in a recession, while other
nations, such as Australia, Chile, the Dominican Republic,
and so on might not - or in the least might still be
experiencing positive economic growth.
However, we live in a different world today, or so we are
told. The result of this has been increased scrutiny
by banks and bankers across the board, especially for
foreigners, when it comes to establishing a new bank
account. Americans especially should also be aware
of the pressures placed on non US banks and investment
companies, in terms of accepting or not accepting new
accounts from Americans. Stated another way, the IRS
and US Government in general has placed so much pressure
on foreign financial institutions, that many will not
accept accounts from US citizens as policy, even though
there is legally no problem in them accepting accounts
from Americans, and even though of course Americans are
certainly legally permitted to own and operate non US
accounts (under US law) as well. So, and for this
reason, many Americans have of course obtained dual
citizenship and another passport (from another country)
simply for the purposes of banking or investing.
Even though in the past someone could form a corporation
or trust and use that to own the bank or investment
account, IF the signatory on the account was a US Citizen,
regardless of who owned or how the account was titled,
some banks have denied the account.