FATF blacklist

The FATF blacklist was the common shorthand description for the Financial Action Task Force list of "Non-Cooperative Countries or Territories" (NCCTs); i.e., countries which it perceived to be non-cooperative in the global fight against money laundering and terrorist financing. Although non-appearance on the blacklist was perceived to be a mark of approbation for offshore financial centres (or "tax havens") who are sufficiently well regulated to meet all of the FATF's criteria, in practice the list included countries that did not operate as offshore financial centres. The FATF updates the blacklist regularly, designating countries to be added or deleted.

The term "non-cooperative" was sometimes criticized as misleading, as a number of the countries which appeared on the list simply lacked the infrastructure or resources to cope with relatively sophisticated financial criminals who try to operate there. Since 2008 the FATF has, at the behest of G20 leaders, installed a more analytical process of identifying jurisdictions deficient in their anti-money laundering (AML) and anti-terrorist financing regimes.

The latest FATF blacklist report

October 2015

The latest public statement of the FATF of 23 October 2015 identified three high-risk and non-cooperative jurisdictions.^[1]

1.  Iran
2.  Myanmar
3.  North Korea

June 2014

A total of 6 countries were identified as jurisdictions that have strategic deficiencies that pose a risk to the international financial system.^[2]

Jurisdictions subject to a fatf call on its members and other jurisdictions to apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions.

1.  Iran
2.  North Korea

Jurisdictions with strategic AML/CFT deficiencies that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies. The FATF calls on its members to consider the risks arising from the deficiencies associated with each jurisdiction.

1.  Algeria
2.  Ecuador
3.  Indonesia
4.  Myanmar

February 2014

A total of 11 countries were identified as jurisdictions that have strategic deficiencies that pose a risk to the international financial system.^[3]

Jurisdictions subject to a FATF call on its members and other jurisdictions to apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions.

1.  Iran
2.  North Korea

Jurisdictions with strategic AML/CFT deficiencies that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies. The FATF calls on its members to consider the risks arising from the deficiencies associated with each jurisdiction.

1.  Algeria
2.  Ecuador
3.  Ethiopia
4.  Indonesia
5.  Myanmar
6.  Pakistan
7.  Syria
8.  Turkey
9.  Yemen

October 2013

A total of 13 countries were identified as jurisdictions that have strategic deficiencies that pose a risk to the international financial system.^[4]

Jurisdictions subject to a FATF call on its members and other jurisdictions to apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions.

1.  Iran
2.  North Korea

Jurisdictions with strategic AML/CFT deficiencies that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies. The FATF calls on its members to consider the risks arising from the deficiencies associated with each jurisdiction.

1.  Algeria
2.  Ecuador
3.  Ethiopia
4.  Indonesia
5.  Kenya
6.  Myanmar
7.  Pakistan
8.  Syria
9.  Tanzania
10.  Turkey
11.  Yemen

June 2013

A total of 14 countries were identified as jurisdictions that have strategic deficiencies that pose a risk to the international financial system.^[5]

Jurisdictions subject to a FATF call on its members and other jurisdictions to apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions.

1.  Iran
2.  North Korea

Jurisdictions with strategic AML/CFT deficiencies that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies. The FATF calls on its members to consider the risks arising from the deficiencies associated with each jurisdiction.

1.  Ecuador
2.  Ethiopia
3.  Indonesia
4.  Kenya
5.  Myanmar
6.  Pakistan
7.  São Tomé and Príncipe
8.  Syria
9.  Tanzania
10.  Turkey
11.  Vietnam
12.  Yemen

February 2012

A total of 17 countries were labeled as high-risk and non-cooperative jurisdictions by FATF. All listed countries below are defined as such; however, counter-measures are in force only for Iran and the Democratic People's Republic of Korea (DPRK, North Korea).^[6]

Counter-measures apply to these countries: high-risk and non-cooperative

1.  Iran
2.  North Korea

Countries not committed to an action plan: high-risk and non-cooperative

1.  Bolivia
2.  Cuba
3.  Ethiopia
4.  Ghana
5.  Indonesia
6.  Kenya
7.  Myanmar
8.  Nigeria
9.  Pakistan
10.  São Tomé and Príncipe
11.  Sri Lanka
12.  Syria
13.  Tanzania
14.  Thailand
15.  Turkey

The latest countries with on-going FATF process compliance

February 2012

A total of 23 countries are committed to the FATF standard, but have not yet implemented it.^[7]

Countries committed and addressing AML/CFT deficiencies

1.  Algeria
2.  Angola
3.  Antigua and Barbuda
4.  Argentina
5.  Bangladesh
6.  Brunei Darussalam
7.  Cambodia
8.  Kyrgyzstan
9.  Mongolia
10.  Morocco
11.  Namibia
12.    Nepal
13.  Nicaragua
14.  Sudan
15.  Tajikistan
16.  Trinidad and Tobago
17.  Turkmenistan
18.  Venezuela
19.  Zimbabwe

Countries committed, but not making sufficient progress

1.  Ecuador
2.  Philippines
3.  Vietnam
4.  Yemen

History of the FATF blacklist (NCCT jurisdictions)

June 2000 report

The plenary list, consisting of fifteen countries regarded as uncooperative in the fight against money laundering, was published in June 2000, viz:^[8]

1.  Bahamas
2.  Cayman Islands
3.  Cook Islands
4.  Dominica
5.  Israel
6.  Lebanon
7.  Liechtenstein
8.  Marshall Islands
9.  Nauru
10.  Niue
11.  Panama
12.  Philippines
13.  Russian Federation
14.  Saint Kitts and Nevis
15.  Saint Vincent and the Grenadines

The initial list met much criticism from professionals experienced in the offshore financial sector. The designation of the Cayman Islands as non-cooperative was thought to be harsh,^[9] particularly as the 2000 report itself acknowledged that "the Cayman Islands has been a leader in developing anti-money laundering programmes throughout the Caribbean region. It has served as president of the Caribbean Financial Action Task Force, and it has provided substantial assistance to neighbouring states in the region. It has demonstrated cooperation on criminal law enforcement matters, and uncovered several serious cases of fraud and money laundering otherwise unknown to authorities in FATF member states."

June 2001 report

The second FATF report, published in 2001 and including a supplemental report in September, denoted a further eight countries as non-cooperative:

1.  Egypt
2.  Grenada
3.  Guatemala
4.  Hungary
5.  Indonesia
6.  Myanmar
7.  Nigeria
8.  Ukraine

June 2006 report

The seventh list, published in June 2006,^[10] listed only the following country as non-cooperative:

1.  Myanmar

June 2007 report

FATF's Eighth NCCT Review (Annual Review of Non-Cooperative Countries and Territories 2006–2007, dated 12 October 2007) listed no countries as non-cooperative.^[11] Myanmar (formerly Burma) was removed on 13 October 2006, Nauru on 13 October 2005 and Nigeria on 23 June 2006.^[11]

June 2009 statement

FATF issued a "Statement" on 25 February 2009 noting concerns and encouraging greater compliance by the following countries:^[12]

1.  Iran
2.  Pakistan
3.  Turkmenistan
4.  Uzbekistan
5.  São Tomé and Príncipe

October 2015 statement

In a statement issued on 23 October 2015 FATF listed concerns about the following countries:^[13]

Call to apply counter-measures:

1.  Iran
2.  North Korea

Jurisdictions with strategic deficiencies:

1.  Myanmar

OECD "gray list"

implementation of the internationally agreed tax standard

  substantially implemented the standard

  committed to the standard, but have not yet substantially implemented it

  have not committed to the standard (none)

  jurisdiction not monitored

Although its main focus is on tax crime, the OECD is also concerned with money laundering. Its work is designed to complement that carried out by the FATF.^[14] The OECD maintains a 'blacklist' of countries it considers uncooperative in the drive for transparency of tax affairs and the effective exchange of information, officially called "The List of Uncooperative Tax Havens". As of December 2009, no country is officially listed as a tax haven by the OECD.^[15]

On 22 October 2008, at an OECD meeting in Paris, 17 countries led by France and Germany decided to draw up a new blacklist of tax havens. The OECD has been asked to investigate around 40 new tax havens where undeclared revenue is allegedly hidden and which host many of the non-regulated hedge funds that came under fire during the 2008 financial crisis. Germany, France, and other countries called on the OECD to add Switzerland to a blacklist of countries which encourage tax fraud.^[16]

The OECD gray list reports monitor the implementation of the internationally agreed tax standard in select jurisdictions – tax havens or other financial centers of interest. The list of jurisdictions is divided in three parts.^[17]

• substantially implemented the standard: Andorra, Anguilla, Antigua and Barbuda, Argentina, Aruba, Australia, Austria, Bahamas, Bahrain, Barbados, Belgium, Belize, Bermuda, Brazil, British Virgin Islands, Brunei, Canada, Cayman Islands,^[18] Chile, China, Cook Islands, Costa Rica, Cyprus, Czech Republic, Denmark, Dominica, Estonia, Finland, France, Germany, Gibraltar, Greece, Grenada, Guernsey, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Isle of Man, Israel, Italy, Japan, Jersey, South Korea, Liberia, Liechtenstein, Luxembourg, Macao, Malaysia, Malta, Marshall Islands, Mauritius, Mexico, Monaco, Montserrat, Netherlands, Netherlands Antilles, New Zealand, Norway, Panama, Philippines, Poland, Portugal, Qatar, Russia, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Samoa, San Marino, Seychelles, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, Turks and Caicos Islands, United Arab Emirates, United Kingdom, United States, US Virgin Islands, Vanuatu. This is not a complete list, as many countries, including Lebanon, Nigeria and many more are not included in this list.
• committed to the standard, but have not yet substantially implemented it: Nauru, Niue, Guatemala, Uruguay
• have not committed to the standard: none as of November 2011.^[19] Whether by none it means all countries in the world have committed to the standard is unclear by this article.

Global forum compliance

The Global Forum on Transparency and Exchange of Information for Tax Purposes reviews and issues reports on compliance of its member tax jurisdictions. The Global Forum's peer review process examines both the legal and regulatory aspects of exchange (Phase 1 reviews) and the exchange of information in practice (Phase 2).

See also

• Anti-money laundering
• Financial Action Task Force on Money Laundering
• Money laundering
• List of offshore financial centres

References

1. . FATF http://www.fatf-gafi.org/publications/high-riskandnon-cooperativejurisdictions/documents/public-statement-october-2015.html. Retrieved 6 February 2016. Missing or empty |title= (help)
2. "FATF Public Statement - 27 June 2014". FATF. 27 June 2014. Retrieved 6 October 2014.
3. "FATF Public Statement - 14 February 2014". FATF. 14 February 2014. Retrieved 6 October 2014.
4. "FATF Public Statement - 18 October 2013". FATF. 18 October 2013. Retrieved 6 October 2014.
5. "FATF Public Statement - 21 June 2013". FATF. 21 June 2013. Retrieved 6 October 2014.
6. "FATF Public Statement - 16 February 2012". FATF. 16 February 2012. Retrieved 6 October 2014.
7. Documents:- Improving Global AML/CFT Compliance: on-going process - 16 February 2012
8. FATF Public Statement 22 February 2013: High-risk and non-cooperative jurisdictions
9. Jeremy Hetherington-Gore (n.d.), The Cayman Islands – Paradise Regained?.
10. Error:- 404 - Financial Action Task Force (FATF)
11. Error:- 404 - Financial Action Task Force (FATF)
12. Error:- 404 - Financial Action Task Force (FATF)
13. "FATF Public Statement - 23 October 2015". Financial Action Task Force. Retrieved 20 November 2015.
14. Tax and crime - Organisation for Economic Co-operation and Development
15. Harmful tax practices - Organisation for Economic Co-operation and Development
16. Calls from 17 countries for new tax haven blacklist | euronews, world news
17. A PROGRESS REPORT ON THE JURISDICTIONS SURVEYED BY THE OECD GLOBAL FORUM IN IMPLEMENTING THE INTERNATIONALLY AGREED TAX STANDARD
18. Bangkok Post, 12 March 2010, p. B5
19. A PROGRESS REPORT ON THE JURISDICTIONS SURVEYED BY THE OECD GLOBAL FORUM IN IMPLEMENTING THE INTERNATIONALLY AGREED TAX STANDARD, as of 2 November 2011

External links

• FATF "Non-Cooperative Countries and Territories"
• Annual Non-Cooperative Countries and Territories Initiative (NCCT) Reports
• FATF's "NCCTs FAQ"