May, 06 2016, 04:00pm EDT
Global Witness on Panama Papers Impact, Steps Taken by U.S. Government to Address Anonymous Companies, Need For Comprehensive Beneficial Ownership Legislation
On Eve of Panama Papers Searchable Database Release, U.S. Admin Actions Display a New Sense of Urgency
WASHINGTON
The Panama Papers exposed the dark world of tax havens, anonymous shell companies,and the various facilitators - attorneys, incorporation agents, and others - who love them. Yesterday, The Treasury Department finalized a long-awaited rule requiring greater due diligence requirements by banks. Treasury announced a plan for new draft legislation specifically to increase transparency of the ultimate owners of American companies and to strengthen the U.S. anti-money laundering framework. While we are glad the Obama Administration clearly recognizes the seriousness of the problems here and wants to take action to address them, the fundamental question is whether their proposals will actually do the job. There remains a dire need to institute strong transparency measures that will help end the crime and corruption facilitated by these instruments of secrecy and deception.
We've seen swift response in other countries in response to the scandals laid bare by this historic leak.Government officials have resigned, others are under investigations, and still others have announced actions they plan to take to address this.
We have initially reviewed the rule and proposed legislation to see if they include the core elements needed to address this urgent problem. These include:
- Global Witness believes that in order for banks to conduct due diligence to effectively prevent dirty money flowing through their accounts via anonymous companies, and for law enforcement and others to be able to determine the real owners of companies that may be involved in corrupt or criminal activity, they must have accurate, complete and timely information about those companies' owners.
- The definition of a company's beneficial owner or owners must include a robust definition that includes both the concept of 'ownership' as well as 'control' to guard against bad actors using proxies to conduct business on their behalf. The threshold for disclosure ought to be low enough to cover most business activity and shouldn't provide an easy blueprint for money launderers to evade new requirements.
- The information should be collected at the right times - both when the company is first formed and when the ownership changes.
- Lastly, the information should be accessible to those who need it most; at a minimum there needs to be a clear mechanism for law enforcement to gain access to this information in the appropriate course of an investigation.
Unfortunately an initial analysis of Treasury's new rule indicates that it falls far short of this mark. For example, under the new rule, the threshold for reporting ownership information is 25%, and entities reporting beneficial ownership information to banks can list a senior manager - not an owner - as the primary name on the disclosure form. This means that it is possible to comply with the regulation without actually naming a beneficial owner. While ultimately it may be that the rule creates some forward momentum, the weaknesses in this rule represent a missed opportunity by the Administration to get the details right the first time.
Global Witness has reviewed a draft of the proposed legislation and based on that information, it seems unlikely the Administration's proposed bill will meet this test.If it doesn't, the Administration risks muddying the waters by offering half-measures, which could undercut more comprehensive solutions, put the U.S. out of step with the rest of the world, and increase our position as a haven for dirty money.
Global Witness continues to support stronger due diligence requirements for banks and other players in the financial system in order to prevent the U.S. from becoming a hub for the proceeds of corrupt and criminal funds generated at home and abroad. We continue to support the Incorporation Transparency and Law Enforcement Assistance Act (S. 2489/H.R. 4450) bipartisan legislation introduced in Congress by Senators Whitehouse (D-RI) and Feinstein (D-CA) and Representatives Carolyn Maloney (D-NY) and Peter King (R-NY).
And, we hope that the Administration will be willing to work with civil society and allies in Congress who have championed this issue for years to pursue meaningful and effective legislation to tackle anonymous companies that will truly address this problem in the years to come.
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UN Warns of 'Catastrophic' Imminent Escalation in Sudan
Warring factions in North Darfur state must "avoid locating military installations within or near densely populated areas, including towns and camps for internally displaced people," said one U.N. official.
Apr 26, 2024
The United Nations' top humanitarian affairs officials on Friday called for an immediate deescalation of hostilities in Sudan, where rival factions in the military government have been fighting for a year and where an attack on the city of El Fasher is reportedly imminent.
About 800,000 people in the city, the capital of North Darfur state, are in "extreme and immediate danger," U.N. aid operations director, Edem Wosornu, told the U.N. Security Council earlier this week, as she reported that clashes between the Rapid Support Forces (RSF), a paramilitary group, and the Sudanese Armed Forces (SAF) are nearing El Fasher.
Fighting between the two groups has intensified in recent weeks, forcibly displacing an estimated 40,000 people.
The U.N. Office for the Coordination of Humanitarian Affairs said Friday that the security situation in North Darfur has left more than a dozen aid trucks with relief supplies for 122,000 people stranded in neighboring Northern state, unable to proceed into the only capital city in Darfur that is not controlled by RSF.
"A patchwork of armed actors, including the Darfur Joint Protection Forces, the SAF, and the RSF control different parts of the El Fasher area," Human Rights Watch reported this week. "Tense calm alternating with episodic fighting has prevailed for months."
Since April 14, when RSF began to push into El Fasher, at least 43 people—including women and children—have been killed due to fighting between the SAF and RSF.
"Civilians are trapped in the city, afraid of being killed should they attempt to flee," said Seif Magango, spokesperson for the U.N. high commissioner for human rights, Volker Türk. "This dire situation is compounded by a severe shortage of essential supplies as deliveries of commercial goods and humanitarian aid have been heavily constrained by the fighting, and delivery trucks are unable to freely transit through RSF-controlled territory."
The lack of humanitarian aid in North Darfur has pushed the state toward a famine, with one child dying of starvation every two hours, according to a February report by Doctors Without Borders.
In December, the U.S. State Department announced an $85 million sale of radar and other military equipment to the United Arab Emirates (UAE), which The New York Times reported last year has been covertly supporting the RSF.
U.S. Rep. Ilhan Omar (D-Minn.) proposed a joint resolution to block arms sales to the UAE in January, in light of its support for the paramilitary group.
Omar was among several lawmakers who wrote to President Joe Biden and Secretary of State Antony Blinken earlier this week, urging them to "deliver urgently-needed humanitarian assistance" and to help end the hostilities.
Sudanese-Australian writer Yassmin Abdel-Magied urged Americans on Friday to pressure lawmakers and the White House to take more action.
"There is a tiny window of opportunity for us to find a way to get the UAE... to make the RSF to stop in their tracks," said Abdel-Magied. "Maybe there's a way that we can avoid this massacre."
OCHA called on the warring parties to "take constant care to spare civilians and civilian objects in the conduct of military operations."
"They must, to the extent possible, avoid locating military installations within or near densely populated areas, including towns and camps for internally displaced people," said the office. "It is also imperative that the parties allow safe passage for civilians to leave El Fasher for safer areas."
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With US Workers on the March, Southern States Take Aim at Unions
GOP leaders in the region are "truly astonished that workers might not trust their corporate overlords with their working conditions, pay, health, and retirement," said one critic.
Apr 26, 2024
Since six Southern Republican governors last week showed "how scared they are" of the United Auto Workers' U.S. organizing drive, Tennessee Volkswagen employees have voted to join the UAW while GOP policymakers across the region have ramped up attacks on unions.
The UAW launched "the largest organizing drive in modern American history" after securing improved contracts last year with a strike targeting the Big Three automakers—General Motors, Ford, and Stellantis. The ongoing campaign led to the "landslide" victory in Chattanooga last week, which union president Shawn Fain pointed to as proof that "you can't win in the South" isn't true.
The Tennessee win "is breaking the brains of Republicans in that region. They're truly astonished that workers might not trust their corporate overlords with their working conditions, pay, health, and retirement," Thom Hartmann wrote in a Friday opinion piece.
"The problem for Republicans is that unions represent a form of democracy in the workplace, and the GOP hates democracy as a matter of principle."
"The problem for Republicans is that unions represent a form of democracy in the workplace, and the GOP hates democracy as a matter of principle," he argued. "Republicans appear committed to politically dying on a number of hills that time has passed by. Their commitment to gutting voting rolls and restricting voting rights, their obsession with women’s reproductive abilities, and their hatred of regulations and democracy in the workplace are increasingly seen by average American voters as out-of-touch and out-of-date."
Just before voting began in Chattanooga, GOP Govs. Kay Ivey of Alabama, Brian Kemp of Georgia, Tate Reeves of Mississippi, Henry McMaster of South Carolina, Bill Lee of Tennessee, and Greg Abbott of Texas claimed that "unionization would certainly put our states' jobs in jeopardy" and the UAW is "making big promises to our constituents that they can't deliver on."
The next nationally watched UAW vote is scheduled for May 13-17 at a Mercedes-Benz plant in Vance, Alabama.
"Workers at our plant are ready for this moment," Mercedes employee Jeremy Kimbrell said last week. "We are ready to vote yes because we are ready to win our fair share. We are going to end the Alabama discount and replace it with what our state actually needs. Workers sticking together and sticking by our community."
As workers gear up for the election, the Alabama House of Representatives on Tuesday voted 72-30 for a bill that would withhold future economic incentive money from companies that voluntarily recognize unions rather than holding secret ballots. The state Senate previously passed a version of the legislation but now must consider it with the lower chamber's amendments.
The Associated Pressnoted that "Georgia Gov. Brian Kemp signed similar legislation on Monday" and that Tennessee already has one on the books.
With his signature on Senate Bill 362, "Kemp's aim is to thwart future organizing attempts by workers at automotive plants in Georgia, such as those operated by Hyundai Motor Group," according toThe Atlanta Journal-Constitution.
As the newspaper detailed:
Georgia has been a right-to-work state since 1947, when Congress passed the Taft-Hartley Act, allowing workers to refuse to join a union or pay dues, even though they may benefit from contracts negotiated by a union with their employer. Just 5.4% of workers in the state belonged to a union in 2023, according to the U.S. Bureau of Labor Statistics.
But the National Labor Relations Act of 1935, also known as the Wagner Act, protects the right for workers to form a union and collectively bargain for better wages and working conditions.
The new Georgia law is expected to be challenged in court, labor experts have said.
Acting U.S. Labor Secretary Julie Su told the AP on Thursday that she is not sure if the department will challenge the laws, given the National Labor Relations Board's responsibilities, but she stressed that "there are federal standards beneath which no worker should have to live and work."
In terms of joining a union, "that choice belongs to the worker, free from intervention, either by the employer or by politicians, free from retaliation and threats," Su said. "And what we are seeing is that workers who were thought to be too vulnerable to assert that right are doing it, and they're doing it here in the South."
The U.S. labor chief also slammed "unacceptable" union-busting efforts by companies and suggested that protecting the right to unionize is part of President Joe Biden's "promise to center workers in the economy."
"He has said he's the most pro-worker, pro-union president in history, and we are going to make good on that promise. And that includes making sure that workers have the right to join a union," Su said of the president.
Biden's commitment to workers and unionizing rights has caught the attention of GOP leaders. The governors' joint statement nodded to the UAW's January endorsement of the president, who is seeking reelection in November, and South Carolina's leader attacked the administration earlier this year.
During his January State of the State speech, McMaster declared that "we will not let our state's economy suffer or become collateral damage as labor unions seek to consume new jobs and conscript new dues-paying members. And we will not allow the Biden administration's pro-union policies to chip away at South Carolina's sovereign interests. We will fight. All the way to the gates of hell. And we will win."
News From the Statesreported Friday that "of all the foreign-owned automakers in South Carolina, BMW would be the most likely mark in the near term if enough of its workers show interest. The massive plant near Greer—the manufacturer's only U.S. production facility—employs some 11,000 people, twice the number of workers at Volkswagen in Tennessee and Mercedes in Alabama. It has operated in the Upstate for nearly 30 years and is in the process of adding electric vehicle lines."
However, a UAW spokesperson told the outlet that they don't yet have the numbers for the BMW and Volvo facilities in the state, and Marick Masters, a Wayne State University professor who studies the union, said: "I don't think they're writing anybody off but they know the history of unionization. And I would say South Carolina is a very inhospitable place for unions."
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Leaked USAID Document Concludes Israel Impeded Gaza Aid
"Biden is breaking the law and defying his own agencies to fund Israeli war crimes," said one observer.
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Officials at the United States Agency for International Development concluded in a confidential memo to Secretary of State Antony Blinken that Israel is violating a White House directive by blocking humanitarian aid from entering the besieged Gaza Strip during its ongoing genocidal assault on the Palestinian enclave, according to a report published Friday.
Devex's Colum Lynch reported that the confidential communication—entitled Famine Inevitable, Changes Could Reduce But Not Stop Widespread Civilian Deaths—states that USAID "assesses the government of Israel (GOI) does not currently demonstrate necessary compliance" with a February 8 White House memo requiring the secretary of state to obtain assurances from governments receiving U.S. military aid that such assistance is used in compliance with human rights law.
The USAID memo raises "serious concerns that the killing of nearly 32,000 people, of which the GOI itself assesses roughly two-thirds are civilians, may well amount to a violation of the international humanitarian law." That figure is now over 34,300 deaths, with at least 77,293 people injured and over 11,000 others missing and presumed buried beneath the rubble of hundreds of thousands of bombed-out buildings.
The document states that the "deterioration of food security and nutrition in Gaza is unprecedented in modern history, exponentially outpacing in six months the long-term declines that led to the only other two famine declarations in the 21st century: Somalia (2011) and South Sudan (2017)."
"Adequate health, nutrition, and water, sanitation, and hygiene... an immediate cessation of hostilities, and sustained humanitarian access will be required," the memo continues. "Absent these conditions, all available evidence indicates rising acute food insecurity, malnutrition, and disease will lead to a rapid increase in non-trauma deaths, particularly among women, children, the elderly, and persons with disabilities."
During congressional testimony earlier this month, USAID Administrator Samantha Power answered in the affirmative when U.S. Rep. Joaquin Castro (D-Texas) asked whether "famine is already occurring" in Gaza.
"Yes," she said. "In northern Gaza, the rate of malnutrition prior to October 7 was almost zero, and it is now one in three—one in three kids."
Biden's February directive states that "the recipient country will facilitate and not arbitrarily deny, restrict, or otherwise impede, directly or indirectly, the transport or delivery of United States humanitarian assistance."
Not only has Israel blocked aid from entering Gaza as children there die of malnutrition and dehydration and millions teeter on the brink of starvation, Israeli troops have attacked Palestinian and international humanitarian workers attempting to deliver aid and desperate Gazans trying to receive it.
Observers say these attacks—which include the infamous " Flour Massacre" and the drone strikes that killed seven World Central Kitchen staffers—were deliberate, which Israel denies.
The blocking of humanitarian aid is a key component of the International Court of Justice (ICJ) genocide case against Israel brought by South Africa and supported by more than 30 nations. On January 26, the ICJ issued a preliminary ruling that found Israel is "plausibly" committing genocide in Gaza and ordered it to prevent future genocidal acts. Critics argue Israel has ignored the order.
According to Lynch:
The paper was cleared by 10 USAID officials, underscoring its widespread backing of the findings. But Sonali Korde, the agency's deputy assistant administrator and head of the Bureau for Humanitarian Affairs, signed off on the document with the phrase INFO, bureaucratic shorthand for passing it up the chain of command without committing to its conclusions. Blinken is required to formally certify to Congress in the coming weeks whether Israel complies with the White House determination.
Last month, the Biden administration
said that Israel's use of U.S.-supplied weapons complies with international law, an assessment lambasted by many observers including Palestinian American political analyst Yousef Munayyer, who called it "absolutely scandalous."
Palestinian and human rights advocates and more than two dozen congressional Democrats have challenged the Biden administration's claim that Israel is using U.S.-supplied weapons in compliance with domestic and international law, pointing to the use of 2,000-pound bombs—which can wipe out an entire city block—in densely populated areas and other potentially illegal actions. In December, Biden acknowledged that Israel's bombing was "indiscriminate."
Critics including progressive members of Congress have called for an arms embargo on Israel. However, Biden this week signed the biggest-ever U.S. aid package for Israel and has
repeatedly bypassed Congress to fast-track armed assistance to the key ally—which already receives nearly $4 billion in U.S. military aid annually. The Biden administration has also quietly approved more than 100 arms sales to Israel since October.
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