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To: Taikun who wrote (31792)10/25/2004 8:21:01 PM
From: Claude Cormier  Respond to of 39344
 
I truly think that evading taxes in your country would be consider by Jersey as something relevant to your country alnone. But I may be wrong.

I will try to find the answer that is closer to the truth. More later.



To: Taikun who wrote (31792)10/25/2004 10:59:21 PM
From: Claude Cormier  Read Replies (1) | Respond to of 39344
 
Taikun,

Some comments from Goldmoney.

Here is Goldmoney privacy policy, It is very clear this point.

goldmoney.com

"All information collected by GoldMoney will be kept strictly confidential and will not be disclosed without your express consent except when GoldMoney is required to provide information pertaining to you in order to ensure compliance with any form of legal process or when GoldMoney is required, in order to fulfil its obligations in terms of the User Agreement, to disclose information pertaining to you to its agents or third-party business affiliates."

Note the statement about "legal process". Jersey does not allow what are called "fishing expeditions". In other words, if some country asks for customer data in a "fishing expedition" (i.e., looking for data without establishing any basis in Jersey law to request the data), it will not be turned over because the data is protected under Jersey law. The country asking for the data needs to follow Jersey law, i.e., due process.

According to Goldmoney the MOU you are referring to, applies only to securities and futures trading, and states so
within the document. In other words, the document is ring-fenced around these two areas. There is nothing in the document that applies to taxes. Also, it is not a legal agreement -- the document itself is only a "Memorandum of Understanding". It does not legally bind the signatories to anything. Third, the MOU has a paragraph acknowledging that it is not binding. "In any case where such definition of a term would require the Requested Authority to exceed its legal authority or otherwise would be prohibited by the law of the Requested Authority’s jurisdiction, the Authorities will consult in accordance with paragraph 17." And Para 17 basically provides for circumstances where the authorities agree to disagree on a matter where US law and Jersey law are inconsistent.

Jersey has become a major financial center because it relies upon Anglo-Saxon common law, and Jersey will remain a major financial center for this reason.