How to steal from Africa, all perfectly legally

The City of London, arguably the heart and headquarters of a international network of tax havens.
The City of London, arguably the heart and headquarters of a international network of tax havens.

By Alex de Waal | Africa loses at least $50 billion a year — and probably much, much more than that — perfectly lawfully. About 60% of this loss is from aggressive tax avoidance by multinational corporations, which organise their accounts so that they make their profits in tax havens, where they pay little or no tax. Much of the remainder is from organised crime with a smaller amount from corruption. This was the headline finding of the High Level Panel on Illicit Financial Flows from Africa, headed by former South African President Thabo Mbeki, a year ago.

This amount is the same or smaller than international development assistance ($52 billion per year) or remittances ($62 billion). If we take the accumulated stock of these illicit financial flows since 1970 and factor in the returns on this capital, Africa has provided the rest of the world with $1.7 trillion, at a conservative estimate. Africa is a capital exporter.

The rest of the world didn’t take much notice of the Mbeki Panel’s findings until the Panama Papers revealed the extent to which this is just part of a global phenomenon. The rich aren’t being taxed. The rest of us pay for everything.

The OECD calls the phenomenon ‘base erosion’ (referring to the emasculation of the tax base of the affected countries) and ‘profit shifting’. The beneficiaries are a small fraction of the world’s wealthiest 1%, and the secrecy jurisdictions (aka tax havens) where they sequester their money. These locations include the City of London, numerous British overseas territories, Switzerland, and new entrants to the global business of looking after the monies of the hyper-wealthy and ordinarily wealthy, who would prefer not to pay tax. Countries including Mauritius, the Seychelles, Botswana and Ghana are seeking to enter this competition.

And the vast majority of this is perfectly legal.

Accountants’ alchemy

Two hundred years ago, the slave trade was legal. One hundred years ago, colonial occupation and exploitation were legal. This time the legal immiseration is done by accountants.

This dimension of unethical financial activity isn’t captured by Transparency International (TI) and its Corruption Perceptions Index. That index is, as it says, a measurement of perceptions. But of what andby whom? As the UN Economic Commission for Africa recently observed, it relies on asking key power players in a nation’s economy what they think of the level of corruption. Many of those are foreign investors. Using this approach a country like Zambia will unsurprisingly tend to rank high on corruption – 76 worst out of 168. Meanwhile, Switzerland will rank low – 7th.

But the perfectly legal transfer of the wealth of Africa to Europe isn’t captured by this index. As TI notes, “Many ‘clean’ countries have dodgy overseas records”. Consider this: the number one destination for Zambian copper exports is Switzerland, which in 2014 accounted for 59.5% of the country’s copper exports. Yet Switzerland’s own imports that year scarcely contained any mention of copper at all. Had the African country’s main exports just vanished into thin air? The 2015 figures suggest that in fact much of these exports were destined for China (31%), though Switzerland remained the number one destination (34%).

The answer to where the money goes lies in accountants’ alchemy. International corporations present their books in such a way that they pay as little tax as possible in either Zambia or China. And they don’t pay much in Switzerland either – because the Swiss don’t demand it.

Suddenly the ranking of Switzerland, 69 places ahead of Zambia in the honesty league, looks a bit suspect. But of course it’s all perfectly legal.

From Zambia’s point of view, what counts as corruption is defined by the rich and powerful. When their country is robbed blind by clever accounting tricks, against which their government and people have no recourse, it is just the operation of a free market controlled – as free markets so often are – by corporations that have enough power to set the rules.

Political money in a political marketplace

Another little noticed but significant feature of illicit financial flows from Africa is that there are occasional reverse flows. The movements back into African countries aren’t as big as the outflows, but they are important. What is happening here is “round-tripping”: spiriting funds away to a safe place so they can be brought back, with their origins unexplained, and no questions needing to be asked.

The same multinational corporation that is defrauding an African country can pay money into the offshore account of one of its political leaders. Or that leader can whisk funds away by other means. Our main concern here isn’t the money invested in real estate in France, yachts, fast cars, or foreign business ventures. These are personal insurance policies in case things go wrong at home, or tickets to the global elite club. Rather, our concern is the cash kept liquid, to be brought back home when needed – the money brought back to fix elections, buy loyalties and, in sundry other ways, secure leaders in power. These are political budgets par excellence: the funds used for discretionary political purposes by political business operators.

In the United States, almost any kind of political funding you can think of can be done in a perfectly legal manner, given a smart enough accountant and lawyer. Political Action Committees can spend as much money as they like in support of a candidate. Campaign finance is essentially without a ceiling.

In Africa, political finance laws range from lax to non-existent. Spending vast amounts of money on winning political office – or staying in office – offends no law. The monetisation of politics is one of the biggest transformations in African political life of the last 30 years. It is generating vast inequalities, consolidating a political-commercial elite which has a near-monopoly on government office, fusing corporate business with state authority, and making public life subject to the laws of supply and demand. Political markets are putting state-building into reverse gear, transforming peace-making into a continual struggle against a tide of mercenarised violence, and – most perniciously – turning elections into an auction of loyalties.

Political money is discrediting democracy. Some of the transactions that constitute Africa’s political markets are blatantly corrupt, but many are simply the routine functioning of political systems based on the exchange of political services for material reward.

Yes, there is corruption in Africa, just as there is corruption in international trade and finance. But when Prime Minister David Cameron opens the Anti-Corruption Summit next week on 12 May, we should be aware that the greatest fraud perpetrated on the majority of the world’s citizens – notably those living in Africa – is all perfectly legal.

Alex de Waal is the Director of the World Peace Foundation. 

London elects Khan as first Muslim mayor

Khan's victory offered some cheer for Corbyn after Labour's performance in elections across Britain in the wake of a row over anti-Semitism in the party failed to dispel questions over the veteran socialist's leadership.
Khan’s victory offered some cheer for Corbyn after Labour’s performance in elections across Britain in the wake of a row over anti-Semitism in the party failed to dispel questions over the veteran socialist’s leadership.

London (AFP) – London became the first major Western capital to elect a Muslim mayor on Friday as Labour claimed victory for its candidate Sadiq Khan despite setbacks elsewhere in Britain for the main national opposition party.

Labour leader Jeremy Corbyn hailed Khan’s win over Conservative Zac Goldsmith, after a bitter campaign in which Prime Minister David Cameron sought to link Khan to Islamic extremists.

“Congratulations Sadiq Khan. Can’t wait to work with you to create a London that is fair for all!” Corbyn wrote on Twitter ahead of the publication of final results.

The race to replace the charismatic Conservative Boris Johnson pitched Khan, the son of a bus driver and a seamstress who emigrated from Pakistan in the 1960s, against Goldsmith, whose father was a wealthy tycoon.

Khan’s victory offered some cheer for Corbyn after Labour’s performance in elections across Britain in the wake of a row over anti-Semitism in the party failed to dispel questions over the veteran socialist’s leadership.

New York Mayor Bill de Blasio was among the first to tweet his congratulations to “fellow affordable housing advocate, @SadiqKhan. Look forward to working together!”

Paris Mayor Anne Hidalgo added on Twitter that Khan’s “humanity, progressivism will benefit Londoners.”

There was no immediate reaction from Goldsmith, although his sister Jemima, the ex-wife of Pakistani cricketer and politician Imran Khan, said Khan’s victory was a “great example to young Muslims”.

In reference to the negative tone of the race, she said her brother’s campaign “did not reflect who I know him to be — an eco friendly, independent-minded politician with integrity”.

The victory was also hailed in Tooting, a multi-ethnic area of south London where Khan lives.

“Sadiq Khan will have a unifying factor because he is Muslim, an immigrant, he is from working class, so he understands the working class people and he can associate with them,” said Shahzad Saddiqui, a local businessman.

– Labour losses elsewhere –

Khan’s party fared less well in other local and regional elections on Britain’s “Super Thursday”, in which 45 million Britons were eligible to vote.

For first time in decades, Labour came third in elections for the devolved government in Scotland, behind the Conservatives, in a vote won by the incumbent pro-independence Scottish National Party (SNP).

The party retained its grip on power in the Welsh assembly, although it lost one seat.

But it failed to impress in local elections in England. With results in from 115 out of 124 councils, Labour had control of 57, down one, and 1,265 seats, down 19.

Cameron’s Conservatives had control of an unchanged 31 councils and 708 seats, down 18.

Corbyn, who has faced opposition from centrists in his party since being elected last year, insisted his party had “hung on” and surpassed expectations.

But critics point to the long tradition of opposition parties benefiting from mid-term elections, and noted Labour had bucked that trend.

Matthew Goodwin, politics professor at Kent University, said the party was in “serious trouble”.

“The Labour party is now third in Scotland for the first time since 1910 and it has failed to make a serious impression in southern England,” he said.

– ‘Persuade not divide’ –

SNP leader and Scottish First Minister Nicola Sturgeon will lead the separatist party into its third successive government in Edinburgh, although the party lost its outright majority.

She announced she would lead a minority administration, and played down talk of a fresh independence referendum to follow the unsuccessful one in 2014.

“The SNP will always make our case with passion, with patience and with respect but our aim is to persuade not to divide,” Sturgeon said.

The other big story in Scotland was the success of the Scottish Conservatives, who came second with 31 seats.

The party has been deeply unpopular in Scotland since the 1980s premiership of Margaret Thatcher but its fortunes have turned around under current Scottish leader Ruth Davidson.

Davidson is a charismatic and openly gay 37-year-old whose cheery, no-nonsense style and proficient use of social media has fuelled her party’s success.

Cameron, who is grappling with deep splits within his party ahead of the June 23 referendum on Britain’s membership of the European Union, said the party’s showing across the elections was “remarkable”.

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