Tax

Africa Losses $89bn In Illicit Financial Flows, UN Report Shows

Dar es Salaam — Africa losses roughly 88.6 billion USD every year in illicit financial flows (IFFs) including tax evasion and outright theft of resources, UN study shows.

The report, titled “Tackling illicit financial flows for sustainable development in Africa,” published a week ago by the United Nations Conference on Trade and Development (UNCTAD) suggests the IFFs is nearly as much as the combined total amount of development assistance, valued at $48 billion and annual foreign direct investment, pegged at $54 billion — the average African countries received between 2013 and 2015.

Hurdle To Development

Illicit financial flows are hindering African development by draining foreign exchange, reducing domestic resources, stifling trade, and macroeconomics stability thus worsening poverty and inequality.

“Illicit financial flows rob Africa and its people of their prospects, undermining transparency and accountability and eroding trust in African institutions,” says UNCTAD secretary-general Mukhisa Kituyi.

The report shows, almost half of the money that Africa loses is accounted for by the export of undervalued commodities such as gold, diamonds, and platinum.

For instance, the report shows, gold accounted for 77 percent of the total under-invoiced exports worth $40 billion.

Stopping The Flight

While tackling illicit flows is a priority for the United Nations, most African countries are yet to plug loopholes that facilitate illegal capital flight and commercial practices such as mis-invoicing of trade shipments, corruption, money laundering, and illegal markets and theft.

From 2000 to 2015, the total illicit capital flight from Africa amounted to $836 billion. Compared to Africa’s total external debt stock of $770 billion in 2018, this makes Africa a “net creditor to the world”, the report says.

IFFs related to the export of extractive commodities ($40 billion in 2015) are the largest component of illicit capital flight from Africa. Although estimates of IFFs are large, they likely understate the problem and its impact.

IFFs Undermine Africa’s Potential To Achieve The SDGs

IFFs represent a major drain on capital and revenues in Africa, undermining productive capacity, and Africa’s prospects for achieving the Sustainable Development Goals (SDGs).
For example, the report finds that, in African countries with high IFFs, governments spend 25% less than countries with low IFFs on health and 58% less on education.

Since women and girls often have less access to health and education, they suffer most from the negative fiscal effects of IFFs. Africa will not be able to bridge the large financing gap to achieve the SDGs, estimated at $200 billion per year, with existing government revenues and development assistance.

The report finds that tackling capital flight and IFFs represents a large potential source of capital to finance much-needed investments in infrastructure, education, health, and productive capacity.

Paul Akiwumi UNCTAD Director for Africa said IFFs is a shared problem between developing and developed countries.

According to him, extractive, telecom sectors, and financial services are more susceptible to IFFs.

Akiwumi said IFFs have huge social and economic consequences. They not only drain domestic financial resources but also they’re correlated with lower government spending on key development areas.

“Illicit activities are by their very nature inherently difficult to record due to the differences in legal and regulatory frameworks across jurisdictions,” he told Ubuntu Times.
According to him, efforts to curb IFFs are hampered by lack of statistics.

The report shows IFFs in Africa are endemic to certain high-value, low-weight commodities including gold.

Sharpening Skills And Knowledge

Out of $40 billion of IFFs derived from extractive commodities in 2015, 77% were concentrated in the gold supply chain, followed by diamonds (12%) and platinum (6%).
The report aims to equip African governments with knowledge to identify and evaluate risks associated with IFFs and foment solutions to curb IFFs and redirect the proceeds towards development projects.

Improving Cooperation 

The report says African governments have not sufficiently reformed their taxation systems and enhance their national capacities to curb tax evasion and tackle proceeds from money laundering and recover stolen assets

Global Intervention

Tax revenues lost to IFFs are costly to Africa where public investment and spending on SDGs are lacking. In 2014 Africa lost approximately $9.6 billion to tax havens, equivalent to 2.5% of total tax revenue.

Local judicial authorities often lack the tools to challenge tax evasion at the core of the global shady financial system.

“Tackling illicit financial flows, however, will open the door to releasing much-needed investments in education, health, and productive sectors. African Governments — in concert with Africa’s private sector actors — should take the lead in strengthening stolen asset recovery, setting new standards for avoiding illicit flows and committing to more concerted actions to combat the negative impact of illicit financial flows on African economies,” says Kituyi.

Local analysts have called for global policymakers to devise measures that would deter billions of dollars from being siphoned out of the continent through money laundering and industrial-scale corporate tax avoidance.

“Africa is not a net debtor, rather a net creditor whose resources are drained through corruption, tax evasion, and outright theft. We need a new paradigm to reverse this trend,” said Bohera Lunogelo an analyst from a Dar es Salaam-based Economic and Social Research Foundation.

Civil Society Warns Against Bilateral Treaties With Tax Haven Jurisdictions

Nairobi, August 22 — Tax Justice Network Africa (TJNA) and the East African Tax and Governance Network (EATGN) has cautioned the government of Kenya in its pursuit of new Double Taxation Agreements (DTAs) with the government of Barbados and Government of the Republic of Singapore.

Singapore is globally ranked as the 8th most aggressive tax haven allowing for extensive avoidance and evasion of taxes from other jurisdictions around the world. The civil society argue that having DTAs with both countries doubly places Kenya at risk of eroded tax revenues in a time of increased debt strain.

DTAs serve to relieve the double taxation of income that is earned in one jurisdiction by a resident of another, providing relief from double taxation in the situation where income is subject to tax for both countries.

In response to a notice issued by the Ministry of Finance, National Treasury, and Planning, on July 13 this year requesting for public submissions on the respective treaties, TJNA and EATGN welcomed the change in policy behavior and submitted comments for the two DTAs on August 17. 

This represents a fundamental shift in the inclusion of stakeholders in treaty-making and ratification processes in Kenya. 

The civil society group now urges that the process moves beyond invitations for comments to more constructive consultations, analysis, and decision making that involve other participants including the Kenyan parliament.

Having previously petitioned the High Court and won against the National Treasury on the issue of public participation as related to the DTA with Mauritius, TJNA recognizes this significant step taken by the government to begin opening up the process of policymaking as enshrined in the Kenya Constitution. 

Alvin Mosioma, TJNA Executive Director had previously stated “TJNA intends to ensure that in future similar tax negotiations are not in contravention with the laid down laws and procedures.”

Nevertheless, considering the increasing significance of tax havens in the loss of domestic revenue, TJNA and EAGTN have asked the Kenyan Ministry of Finance to note key considerations during the process.

“The government needs to publicly explain why there’s an urgency to sign DTAs with known tax haven jurisdictions such as Mauritius or Singapore instead of prioritizing the implementation of one that has already been developed by the East African Community (EAC) members, who are Kenya’s largest trading partners,” Alvin Mosioma told Ubuntu Times in an interview.

EATGN is a civil society collaborative initiative of individuals and non-state actor institutions in the East Africa Community (EAC) that share the understanding that taxation is fundamental in achieving social justice and development goals.

Further, TJNA wants that further to submission of comments, the Barbados and Singapore tax treaties will require parliamentary scrutiny and public debate under the Treaty Making and Ratification Act of 2012 (TMRA 2012). 

This is in line with the fulfillment of the monist principle in the Constitution; requiring approval by the legislature on treaties that become part of domestic law, especially if they affect public finance and the burden of taxation, as laid down in articles 1, 2.6, 114(2), 201 and 210(1) of the Constitution

According to Mosioma, there is a need to evaluate both tax treaties in relation to how they are likely to negatively affect Kenyan tax law. A cost-benefit evaluation on the desirability of the Barbados and Singapore tax treaties as specified in the TMRA is necessary.

This is especially because these treaties entail a restriction on tax sovereignty and have major revenue implications; they grant tax benefits and exemptions to foreign investors not available to Kenyan citizens or companies, resulting in the reduction of government revenue and directly affecting the public finances and the sharing of the burden of taxation (Constitution Article 201).

A public impact on the risk of revenue loss will need to be shared for and national debate. The revenue implications of the various benefits and possible loss from exemptions in tax treaties must be evaluated against the conceivable gains, or otherwise, of extractive investment from abroad. 

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