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Global Forum on Transparency and Exchange of Information for Tax Purposes
Chair:   
Mr. Kosie Louw   
(South Africa)
Date of creation:
17th September 2009
Duration:
31st December 2015

Members:

The Global Forum membership is open to OECD countries, G20 countries, other jurisdictions covered by the report “Tax Cooperation 2009: Towards a level playing field” (see list below), and other jurisdictions invited to join by the Global Forum. The Global Forum may invite other jurisdictions to participate in its work with the possibility to become members if they commit to implement the standards and accept to be reviewed. All members will participate on an equal footing.

 

Albania

Latvia

 

Andorra

Liberia

 

Anguilla (1)

Liechtenstein


Antigua and Barbuda

Lithuania

 

Argentina

Luxembourg

 

Aruba (2)

Macau China

 

Australia

Malaysia

 

Austria

Malta

 

Bahamas

Marshall Islands

 

Bahrain

Mauritania

 

Barbados

Mauritius

 

Belgium

Mexico

 

Belize

Monaco

 

Bermuda (1)

Montserrat (1)

 

Botswana

Morocco

 

Brazil

Nauru

 

British Virgin Islands (1)

Netherlands (2)

 

Brunei Darussalam

New Zealand

 

Burkina Faso

Nigeria

 

Canada

Niue

 

Cameroon

Norway

 

Cayman Islands (1)

Pakistan

 

Chile

Panama

 

Colombia

People’s Republic of China

 

Cook Islands (3)

Philippines

 

Costa Rica

Poland

 

Curacao

Portugal

 

Cyprus (6)

Qatar

 

Czech Republic

Romania

 

Denmark

Russian Federation

 

Dominica

Saint Kitts and Nevis

 

El Salvador

Saint Lucia

 

Estonia

Saint Maarten

 

Finland

Saint Vincent and the Grenadines

 

The Former Yugoslav Republic of Macedonia

Samoa

 

France

San Marino

 

Gabon

Saudi Arabia

 

Georgia

Senegal

 

Germany

Seychelles

 

Ghana

Singapore

 

Gibraltar (1)

Sint Maarten (2)

 

Greece

Slovak Republic

 

Grenada

Slovenia

 

Guatemala

South Africa

 

Guernsey (4)

Spain

 

Hong Kong, China

Sweden

 

Hungary

Switzerland

 

Iceland

Trinidad and Tobago

 

India

Tunisia

 

Indonesia

Turcs & Caicos Islands (1)

 

Ireland

Turkey

 

Isle of Man (4)

Uganda

 

Israel

United Arab Emirates

 

Italy

United Kingdom

 

Jamaica

United States

 

Japan

United States Virgin Islands (5)

 

Jersey (4)

Uruguay

 

Kazakhstan

Vanuatu

 

Kenya

 

 

Korea

 

 

 

1. Overseas Territory of the United Kingdom.

2. Aruba, Sint Maarten and the Netherlands are the three countries of the Kingdom of the Netherlands.

3. Fully self-governing country in free association with New Zealand.

4. Dependency of the British Crown.

5. External Territory of the United States.

6. - Note by Turkey:

The information on this page with reference to « Cyprus » relates to the southern part of the Island. There is no single authority representing both Turkish and Greek Cypriot people on the Island. Turkey recognises the Turkish Republic of Northern Cyprus (TRNC). Until a lasting and equitable solution is found within the context of United Nations, Turkey shall preserve its position concerning the “Cyprus issue”.

- Note by all the European Union member states of the OECD and the European Union:

The Republic of Cyprus is recognised by all members of the United Nations with the exception of Turkey. The information on this page relates to the area under the effective control of the Government of the Republic of Cyprus.

Approved by:

The Council on 25 September 2009 C(2009)122/FINAL as a Part II Programme.

 

Mandate

The COUNCIL,

Having regard to the Convention on the Organisation for Economic and Cooperation Development of 14th December 1960 (hereinafter called “the Convention”);

Having regard to the Rules of Procedure of the Organisation;

Having regard to the Financial Regulations of the Organisation;

Having regard to the Recommendation of the Council on Counteracting Harmful Tax Competition adopted on 9 April 1998 [C(98)17];

Having regard to the OECD Model Agreement on Exchange of Information on Tax Matters and article 26 of the OECD and UN Model Tax Conventions;

Having regard to the Summaries of Outcomes of the Global Forum on Transparency and Exchange of Information for Tax Purposes held in Mexico on 1-2 September 2009 and in Paris on 25-26 October 2011;

Having regard to the note by the Secretary-General concerning the establishment of the Global Forum on Transparency and Exchange of Information for Tax Purposes (hereinafter “the Global Forum”) as a Part II program of the budget of the Organisation [C(2009)122];

Having regard to the proposed renewal and revision of the mandate of the Global Forum [C(2012)148] and to the results of the evaluation exercise conducted according to article 15 of its initial mandate [C(2009)122/FINAL];

DECIDES

The Global Forum is renewed with the following revised mandate:

Mission

   The Global Forum shall ensure a rapid and effective global implementation of the standards of transparency and exchange of information for tax purposes[1] through in depth monitoring and peer review.

   The whole monitoring and peer review process will be an ongoing exercise. Evaluation reports will be published after adoption by the Global Forum. Jurisdictions will be expected to act on any recommendations in the review and to report back to the Global Forum on actions taken.

Participation

   The Global Forum membership is open to OECD countries,[2] G20 countries and other jurisdictions covered by the report “Tax Co-operation 2009: towards a level playing field”. All members will participate on an equal footing.

   The Global Forum may invite other jurisdictions to participate in its work with the possibility to become members if they commit to implement the standards and accept to be reviewed.

   The Global Forum may invite relevant international organisations as observers.

Governance

   The Plenary of the Global Forum is the decision making body of the Global Forum. The Global Forum may adopt its rules of procedure.

   The Plenary is assisted by:

a Steering Group, which will prepare and guide the Global Forum’s future work;

a Peer Review Group (PRG), which will develop the methodology and detailed terms of reference for a robust, transparent and accelerated peer review process. The PRG will also carry out such peer reviews;

any other body it may deem appropriate to establish.

   The Plenary shall appoint the Chair and Vice Chairs of the Global Forum, who are also Chair and Vice Chairs of the Steering Group, the Chair and Vice Chairs of the PRG, who are also members of the Steering Group, and the other members of the Steering Group and the Peer Review Group.

   The Global Forum will operate by consensus. However, as far as peer reviews are concerned, no one jurisdiction can block the adoption or publication of a review. Nevertheless, every effort should be made to arrive at a consensus and the views of the reviewed jurisdiction will be fully noted.

   The Global Forum will be served by a dedicated self standing secretariat based in the Organisation’s Centre for Tax Policy and Administration so as to benefit from the Organisation’s experience in this area. Notwithstanding the provisions of Staff regulation 7b) and the related instruction 107/1, the Secretary-General of the OECD shall be authorised to appoint, as OECD officials, nationals from any member of the Global Forum as long as they are located in the secretariat serving the Global Forum.

Budget

   The expenditures of the program shall be charged against the appropriations authorised under a Part II chapter of the budget of the Organisation.

   The budget of the Global Forum shall be financed by its members to the amount agreed between them.

   The scale of contributions shall be the following:

a yearly fee of 15,300 Euros for each member; such fee will be    subject to an automatic annual increase equal to the annual increase in the Global Forum Budget, unless otherwise decided by the Global Forum;

the remaining funding to be allocated in accordance with Annex II of document BC(2009)3.[3] In order not to overburden the smallest jurisdictions, only those with a GNP above 35 billion USD will contribute to this part of the budget.

   A member would fall into arrears on 31 March of the year following the year of the call for payment of the annual contribution if the contribution remains unpaid at that date.

In the first year of payment arrears, members in arrears, together with the amount outstanding for the year in question, will be identified in a table to be presented to the Global Forum at its next annual meeting.

If, in the second year following the year of call for payment, a member's contribution remained unpaid by the member, the Global Forum would consider a proposal to suspend it from participation in the Global Forum, unless it paid the outstanding contribution. Settlement of the outstanding debt by the member in arrears will reverse the suspension.

If, in the third year following the year of call for payment, a member’s contribution remained unpaid the Global Forum would consider a proposal to exclude it from membership in the Global Forum, unless it paid the outstanding contribution.

The decision to exclude would then be notified to the member. Debt settlement and reversal of the exclusion decision would be subject to the agreement of the Global Forum.

   In order to allow members to contribute stable amounts to the Global Forum over successive years, appropriations for which no commitment has been entered into before the end of the financial year for which they were appropriated and any remaining net amounts shall be automatically carried forward to the budget for the ensuing year by decision of the Secretary General, notwithstanding the provisions of the Financial Regulations of the Organisation.

Evaluation

   An evaluation exercise of the Global Forum will be conducted prior to the end of the mandate period.

Duration

   The mandate shall remain in force until 31 December 2015.

 


[1] See Tax Cooperation, Towards a Level Playing field, Assessment by the Global Forum on Taxation, page 14, Summary of Part II.
[2] The European Commission takes part in the work of the Global Forum in accordance with article 13 of the OECD Convention and its Supplementary Protocol No. 1.
[3] Annex II of contains the revised 2004 Principles and rules for determining the scales of contributions by Member other than part I of the budget of the Organisation.
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