It's not every day that a niche question of statistical definition represents a significant step forward for global policy. But today... is that day!
(Excessively long thread follows)
A little background. Since the Millennium Development Goals overlooked non-aid finance, pressure has been building to recognise the centrality of tax, and for global policy measures against the broad threat posed by 'illicit financial flows'...
Illicit financial flows, or IFF, is an umbrella term for cross-border capital movements covering corporate and individual tax abuse, the laundering of the proceeds of crime, abuses of market regulation, and the theft of state assets, first popularised by @Raymond_Baker
The @ECA_OFFICIAL/@_AfricanUnion High Level Panel on IFF out of Africa, chaired by Thabo Mbeki, provided a comprehensive look at the issue, and put it on the global agenda just in time for it to be adopted into the UN Sustainable Development Goals, the successor to the MDGs
And so with the birth of the Sustainable Development Goals in 2015 (they run to 2030), the world agreed SDG 16.4, to curtail illicit financial flows, and also recognised tax as the primary 'means of implementation' in SDG 17.1. Result!
Unfortunately... some leading OECD countries, and some major multinationals, immediately began trying to unpick SDG 16.4.
Why? Either over a turf war, or to prevent meaningful action...
Some didn't want corporate tax abuse to be included in order to 'protect' the OECD's role from a turf war with the UN (the first BEPS process was then underway); and the corporate lobbyists wanted to avoid multinationals being seen as 'illicit' actors, or being taxed more fairly
But of course, corporate tax abuse - both legally dubious 'avoidance' , and outright illegal 'evasion' - was central to the conception of illicit financial flows of the Mbeki panel and others, that underpinned the agreed SDG. So the lobbying aimed to subvert the global consensus.
And a fair bit more on the politics, and the actors behind the attempted subversion of the illicit financial flows target, in my book The Uncounted (ebook available now) wiley.com/en-us/The+Unco…
Such was the strength of lobbying against SDG 16.4, and the definition of IFFs, that @icrict@GA4TJ and @TaxJusticeNet went as far as writing to the UN Secretary General in 2017, calling on him to defend the globally agreed position taxjustice.net/2017/06/23/un-…
Late last year, an important step: the UN expert commission moved 16.4 from Tier 3 (no internationally established methodology) to Tier 2 "Indicator is conceptually clear, has an internationally established methodology & standards are available" unstats.un.org/sdgs/iaeg-sdgs…
The big point here is that the report ends once and for all the attempt to subvert SDG 16.4 by retrospectively taking multinational tax abuse out of scope:
"aggressive tax avoidance is included as an illicit financial flow, while noting that such activities are generally legal."
In addition, the report is explicit that this 'aggressive tax avoidance' is the same as the 'base erosion and profit shifting' activity that the OECD BEPS process.
That is: the UN now has a target which requires progress on what has thus far been an (unmet) OECD responsibility.
The report also offers some key specifics. @petr_jansky and I proposed an indicator for SDG 16.4.1 which would rely on OECD country by country reporting to track the scale of corporate tax abuse. The report highlights exactly this possibility.
Excitingly, the report sets out how illicit financial flows could be embedded in the system of national accounts, to ensure systematic data in future, as well as the detailing the national pilot studies that are ongoing to establish feasible IFF measurement approaches.
At @TaxJusticeNet, we're also seeing a great expansion in the range of national authorities engaging on this issue, and working with us and others to develop their own IFF estimates and risk measures to guide policy.
You can find analysis of possible SDG targets and more in our book, see chapter 6 in particular for our proposed indicators: fdslive.oup.com/www.oup.com/ac…
And the granular IFF risk measures that we first developed for the @_AfricanUnion / @ECA_OFFICIAL panel report, and which support country-level policy analysis, are now fully available on our data portal here iff.taxjustice.net/#/
Thread ends. (Like I said, niche but important!)
But the work goes on... Not least, at @FACTIpanel which is now discussing with UN member states how to make sure that the necessary global policy+institutional architecture to combat IFF is in place... taxjustice.net/2020/09/24/our…
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Matt summarises very well the broadly non-ideological objections to what has just been achieved, in confirming corporate tax abuse as part of the illicit financial flows SDG target, so I'll try to thread a response with each of his points
So first, I don't think there really is much of this confusion around. People largely understand these are quite different phenomena; but they also recognise, rightly, that they depend on being hidden, and they do the same kinds of revenue & social damage
This is a point of disagreement. I saw that much of the pushback was *precisely* not to have corporate tax abuse addressed under either 16.4 *or* 17.1, but to keep it out of the SDGs entirely - on the grounds that the OECD had it covered. (Discuss.)
Their discussions can be seen as part of a scattered history extending over decades, centring on attempts to require transparency from multinational companies about their global operations, including path-breaking work by the G77 countries @UNCTAD - unctad.org/en/Publication…
Those decades of work seemed to have ended in failure. UNCTAD had been pushed by OECD countries into focusing on 'investment promotion' rather than national sovereignty and corporate accountability; and the big 4 had seized the accounting standard setting agenda for themselves.
Boom. The US has blown up BEPS 2.0: "unable to agree even on an interim basis changes to global taxation law that would affect leading US digital companies." ft.com/content/1ac262… via @financialtimes
Where does this take us? The process was already in disarray, with the non-OECD members of the Inclusive Framework openly calling out the institution's failure to take meaningful account of their views.
More than that, the OECD had already abandoned - at the behest of the US - most of the original ambition. While still paying lip service to the pledge to go 'beyond the arm's length principle', the secretariat had tried to impose a US-French deal that did little of this at best.
1. Does the corporate group have one or more subsidiaries in one of the top ranking jurisdictions on the Financial Secrecy Index or the Corporate Tax Haven Index?
If yes - bailout may still be possible but only with full transparency via public country by country reporting
2. Has the corporate group participated in any financial scandals or tax scandals such as the LuxLeaks, Cum-ex or been judged to have received illegal state aid?
If yes - it's bye bye bailout. This is a company that has shown its attitude to public funds all too clearly.
Disappointing but not entirely surprising - the 'Inclusive Framework' has been forced to accept the OECD secretariat 'unified proposal', in place of the IF's agreed work programme. A range of implications flow from this... oecd.org/tax/internatio…
In terms of the OECD process, there is an insistence that things stay on schedule - all to be wrapped up by end-2020. But there are so many, quite large things still open in pillar one, from the scope of industries to be covered to the range of financial thresholds
The 11 elements of work remaining on pillar one demonstrate how much is still open, even after the Inclusive Framework has been forced to drop its own work programme
In Paris, more than 400 people have gathered at @OECDtax for the public consultation on international tax rules that is normalising the idea of unitary tax approaches, moving beyond the arm's length principle #OECDP1
@OECDtax In London, the #LabourManifesto marks the first commitment to introduce unitary taxation for multinational companies from a leading political party in a leading (G7, G20, OECD) economy