1. Introduction
1. Since 2011, the Committee on
Political Affairs and Democracy has reviewed the activities of the Organisation
for Economic Co-operation and Development (OECD) in reports which
are examined and debated in a public sitting during the autumn session.
On that occasion, the Parliamentary Assembly of the Council of Europe
is enlarged to include the delegations of the national parliaments
of OECD member States which are not Council of Europe members, as
well as a delegation of the European Parliament. The OECD Secretary-General
also takes part.
2. In 2014, the Committee on Political Affairs and Democracy
slightly altered its practice: it decided to keep to the principle
of an annual enlarged debate, but base it alternately on a report
by the OECD Secretary General one year and by our committee the
next. The committee also agreed that the Sub-Committee on Relations
with the OECD and the EBRD would hold an annual meeting at OECD
headquarters to exchange views with the Organisation’s management.
As the OECD Secretary-General agreed to the change, that has been
the framework for our activities for three years now.
3. For the record, the Committee on Political Affairs and Democracy
presented two reports under the old procedure, i.e. those by Mr Jean-Marie Bockel
(France, EPP/CD) in October 2012 and Mr Dirk Van der Maelen (Belgium,
SOC) in October 2013, followed by an initial report under the new
procedure by Mr Tuur Elzinga (Netherlands, UEL) in October 2015.
In October 2014, the OECD Secretary-General, Mr Angel Gurría, presented
his report and took part in the annual debate, which the OECD Deputy
Secretary-General, Ms Mari Kiviniemi, then did again during the
fourth part-session in 2016.
4. After attending the 5th OECD Parliamentary Days in Paris on
8 and 9 February 2017, where many fears were expressed about the
future of multilateralism, in particular as regards trade, I believe,
given the current economic context, that the weakness and fragility
of the economic recovery mean that we as policymakers should come
out strongly in favour of an open economy in which competition is
the least distorted and hence the fairest possible and in which
growth is truly inclusive and benefits the maximum number of people.
5. I have therefore concentrated my report on a brief macroeconomic
overview of OECD countries highlighting the current risks and the
options available for reducing them, followed by a series of examples
of successful multilateralism in the ethically and economically
decisive area of fiscal transparency, before looking at the issue
of inequalities, which the OECD has shown must be addressed, in
particular because of their impact on growth. Lastly, I have carried
the issue of inequality forward, with a brief presentation of the
youth employment situation in the OECD area. As I also believed
that it was important for the members of our enlarged Assembly to
be kept abreast of the OECD’s parliamentary activities, I have included
a section on the discussions which took place during the latest
meeting of the OECD Parliamentary Group on Tax, which is monitoring
the implementation of the Base Erosion and Profit Shifting project
(BEPS), and those of the Parliamentary Group on Integrity and Transparency
in politics, which held its first meeting in February 2017.
2. Macroeconomic outlook for 2017-2018
6. As of June 2017, the outlook
is for a modest improvement in the economic situation, against a background
of continuing sluggish growth. To go beyond the latter, the OECD
is calling on policymakers to make clear political choices combining
revived public investment and structural reforms in a concerted
manner.
2.1. Growth
prospects unaltered but not without risks
7. In June 2017, the OECD’s growth
projections
for
2017 were 3.5% for the global economy, 2.1% for the OECD area, 1.8%
for the eurozone and 4.6% for non-OECD countries. A slight increase
was forecast for 2018: 3.6% for the global economy, 2.1% for the
OECD area, 1.8% for the eurozone and 4.8% for non-OECD countries.
8. It should be noted that the forecasts by the International
Monetary Fund (IMF) for 2017 and 2018 point in the same direction
and are on the same level.
The findings
are therefore the same: world growth is continuing to recover (it
was 3% in 2016), but is doing so slowly and at a relatively low
level. In 2018, it is likely to remain under 4%, which was the average
level of economic growth over the 20 years preceding the 2007-2008
crisis. Moreover, the slight improvement in the situation owes much
to the economic stimulation policies expected in the United States
and being carried out in China.
9. The second finding shared by the two global institutions is
that not only is the growth weak overall, but it also remains fragile
and subject to real risks. The latter, which were already identified
by the OECD in December 2016, are confirmed in the interim report:
“Disconnects, volatility, financial vulnerabilities and policy uncertainty
could derail the projected modest pick-up in growth.”
10. In this connection, the OECD believes that a serious risk
is posed by the disconnect between the positive expectations of
the financial markets, reflected in high equity valuations, and
the modest projections for growth in the real economy, reflected
in weak growth in consumption and investment and a slowdown in productivity and
wage increases.
11. Moreover, financial market volatility could be compounded
by the turning of the interest rate cycle in mid-2016. The increase
in long-term interest rates could bring about a sharp correction
in financial asset values, whose current level is the result of
a long period of historically low interest rates. That could be
particularly true on the bond markets.
12. The OECD indicates that financial vulnerabilities arise from
over-reliance on monetary policy, which has led to exceptionally
low interest rates, rising debt levels in some countries, high asset
prices and a search for high yields. It notes that some countries,
including Australia, Canada, Sweden and the United Kingdom, have experienced
rapid house price increases in recent years, which can be a precursor
of an economic reversal.
13. In emerging economies, although the financial vulnerabilities
differ across economies, they are related to rapid growth of private
sector credit and historically high levels of indebtedness in some
countries, notably China, leaving them more exposed to a rise in
interest rates despite a slowing of credit dynamics in 2016.
14. Lastly, according to the OECD, there are policy uncertainties
relating to electoral factors (with many countries such as France,
Germany and the United Kingdom having held or holding elections
in 2017), sociological factors (falling trust in national governments),
social factors (with rising income inequality undermining confidence
in governments) and trade (falling support for free trade among
some sections of the population in developed countries). For example,
the OECD’s confidence in national governments indicator
shows
improvements since 2007 in Germany, Japan and the United Kingdom,
but slight falls for some OECD countries and more substantial falls
in others such as the United States, Mexico and Spain.
2.2. Growth
that remains low
15. This low growth is affecting
the advanced economies in particular, especially those of OECD member countries.
16. It is reflected in sluggish consumption and investment rates
over a period between the medium and long term (seven years) since
the financial crisis. This is out of sync with the recovery rates
of the global economy following the three previous major recessions
(1973, 1980 and 1990). According to the OECD, average growth in
consumption over a 10-year period following those three previous
crises should be almost twice the estimated increase in growth from
2008 to 2018. In the case of investment, the ratio is likely to
be 1 to 3, meaning that by 2018, the increase in investment would
be only 33% of the average increase observed over the 10-year period
following the three previous major crises. In other words, growth
factors in the OECD economies are recovering much more slowly than
in the past.
17. In the OECD’s view, this low growth is resulting in a kind
of “hysteresis”, which Ms Catherine L. Mann, OECD Chief Economist,
sums up well as follows:
“Business has little incentive to invest given
insufficient demand at home and in the global economy, continued
uncertainties, and a slowed pace of structural reform … Lack of
investment erodes the capital stock and limits the diffusion of
innovations. Skill mismatches and forbearance by banks capture labour and
capital in low productivity firms. Sluggish trade prospects slow
knowledge transfer. These malignant forces slow down productivity
growth, constraining potential output, investment, and trade. In
per capita terms, the potential of the OECD economies to grow has
halved from just below 2 per cent 20 years ago to less than one
per cent per year [in 2016], and the drop across emerging markets
is similarly dramatic. The sobering fact is that it will take 70 years,
instead of 35, to double living standards.”
18. In other words, low growth over a lengthy period (7-8 years)
reduces growth potential.
2.3. Policymakers
at a crossroads
19. “Act now to break out of the
low-growth trap and deliver on our promises” is the title of the
editorial by Ms Mann opening Economic Outlook Volume 2016, Issue 1.
The invitation is clear and compelling. The same is true of the
OECD’s proposals for action for the advanced economies.
20. The first point is that, in most of the OECD area, consolidation
of the recovery will not involve further easing of monetary policy.
The latter has been very accommodating since 2008, as reflected
by real interest rates in 2016, both short-term (negative in Japan
and the eurozone and near zero in the United States) and long-term
(negative in Japan and the eurozone and around 1.5% in the United
States). This tool that has been the main instrument used to date
to stimulate recovery reached its maximum level of effectiveness
a long time ago.
21. An initial interesting recommendation by the OECD concerns
the use of fiscal policy to promote growth. In its view, “despite
the rise in debt ratios since the crisis …, the current period of
exceptionally low interest rates effectively increases fiscal space
in many countries by offering an opportunity for governments to
borrow for long periods at very low cost. Almost all countries have
room to reallocate spending and taxation towards items that offer
more support to growth”.
22. For 2017, the OECD therefore recommended that more expansionist
fiscal policies be followed in around 10 countries, including France,
Germany, United Kingdom, Switzerland and Australia. Of course, it
also calls for the recovery measures to be concerted and gives examples
of areas where public investment would benefit growth, including
green energy, education, skills and telecommunications, etc. It
cites one of its analyses, according to which a permanent budget-neutral
increase in public investment of 0.5% of gross domestic product
(GDP) in each single economy, assuming fixed interest rates, would
have growth effects of 0.3-0.4% in the first year in the major advanced
economies. Depending on the modelling approach used, the long-term
output gains could amount to between 0.5% and 2%.
23. Three comments may be made regarding this recommendation.
First of all, for various reasons, it has not yet been acted upon
in some major economies such as France, Germany and the United Kingdom. Secondly,
there is the issue of whether the recommendation does not conflict
with the eurozone’s fiscal rules. Lastly, if this stimulation policy
is to be implemented, action must be taken without further delay,
as interest rates have been rising again since mid-2016 and will
therefore make economic stimulation of this kind more expensive
for public finances in the long term.
24. At the same time, the OECD calls for continued structural
reforms aimed at boosting employment and productivity in the long
term, while making growth more “inclusive”, i.e. ensuring that it
benefits the maximum number of people. In this connection, the Organisation
notes a marked slowdown in 2015-2016 compared with previous years.
On the basis of the recommendations of the Going for Growth 2017
annual study, which is intended to help OECD countries to prioritise
their structural reforms, during the Fifth Parliamentary Days held in
Paris in February 2017, the OECD Secretary-General highlighted four
areas where further progress could be made: the promotion of infrastructure,
increased effectiveness of public spending, improved job protection legislation
and increased efficiency.
25. With regard to employment policy, the OECD states that “reforms
that initially place downward pressure on economy-wide wages are
less likely to offer short-run benefits at a time of weak demand”.
Nevertheless, once
the recovery gains ground, a supply policy involving greater labour
market liberalisation could encourage job creation and, through
wage growth, lead to an increase in tax revenues, the surplus from
which could be used for investment expenditure.
26. To conclude this first section, the warning by Ms Catherine
L. Mann seems quite relevant and should be borne in mind by policymakers:
“As it is, a negative shock could tip the world back into another
deep downturn.”
3. OECD
action in the area of taxation: successful examples of multilateralism
27. Lux Leaks, the Panama Papers,
Bahamas Leaks, the Apple case in Ireland and, more recently, the
Malta Files: these various scandals have all demonstrated the shortcomings
of the international tax system. The Parliamentary Assembly of the
Council of Europe and the enlarged Assembly have looked into them,
both in the report by our colleague, Mr Stefan Schennach, on “Lessons
from the Panama Papers”
and by Mr Dirk Van der Maelen, on
the activities of the OECD in 2012-2013, which focused on tax evasion
and base erosion and fighting tax havens.
28. As the two rapporteurs noted, international institutions,
in particular the OECD, have not been idle here. Since 2010, much
has been done in terms both of tax transparency and of combating
what could be called aggressive tax avoidance by multinational enterprises
(MNEs). In these two areas, 2016 and 2017 have seen remarkable progress
in projects led by the Organisation, both as regards information
exchanges between States and as regards the BEPS project.
29. In my view, it is important to present them, as I believe
they are at a decisive stage as of equally great importance, for
instance, as the ending of bank secrecy, in the establishment of
an integrated, inclusive and fair international tax system.
3.1. Introduction
of exchanges of information, a decisive step towards tax transparency
3.1.1. The
mechanism
30. This forms part of the Global
Forum on Transparency and Exchange of Information for Tax Purposes (Global
Forum), which was set up in 2000 by the OECD and restructured in
2009. The Global Forum has 142 members participating on an equal
footing, together with 15 international organisations participating
as observers. On account of its size, it includes all the major
financial centres. The Global Forum has the dual role of monitoring
the implementation of international standards on tax transparency
and offering its members technical assistance. Its secretariat is
provided by the OECD Centre for Tax Policy and Administration.
31. Two standards have been drawn up. While complying with a number
of principles, including the confidentiality of the data communicated,
their purpose is to put an end to the information asymmetry between taxpayers
on the one hand and tax authorities on the other, which benefits
the former and encourages tax avoidance and evasion.
32. The first standard developed was the Exchange of Information
on Request (EOIR) standard. Its implementation (both its introduction
and its use) is supervised under a peer review process headed by
the group of the same name comprising 30 members of the Global Forum.
The Peer Review Group presents a report on each member of the Global
Forum to the latter for adoption. Until now, the peer reviews are
conducted in two phases. Phase 1 involves assessment of the legal
and regulatory framework for transparency and information exchanges
for fiscal purposes. In other words, the peers check that the jurisdiction
(i.e. Forum member) has done the necessary work to update its legislation
in line with OECD recommendations. Phase 2 looks into implementation
of the standard in practice. From 2010 to 2016, a total of 253 peer
review reports were adopted by the Forum.
33. One of the weaknesses of EOIR is that tax authorities from
which information is requested are not required to do any more than
provide that information, which may prevent disclosure of information
that could be of importance to the requesting authorities. This
will no longer be the case with the introduction of the second standard,
i.e. Automatic Exchange of Information (AEOI).
34. AEOI is based on the Common Reporting Standard (CRS) developed
in response to the request by the leaders of the Group of 20 (G20)
and approved by the OECD Council in July 2014. The standard “calls
on jurisdictions to obtain information from their financial institutions
and automatically exchange that information with other jurisdictions
on an annual basis. It sets out the financial account information
to be exchanged, the financial institutions required to report,
the different types of accounts and taxpayers covered, as well as common
due diligence procedures to be followed by financial institutions”.
35. The financial information communicated is supposed to be sufficiently
broad to prevent taxpayers from hiding their assets in institutions
or investing in products that in principle are not covered by the
exchange of information. The CRS therefore includes investment income
such as interest and dividend payments. In addition, the scope of
account holders subject to reporting is not confined to individuals
but also includes entities or legal arrangements which could enable
taxpayers to deduct some of their assets from their income. This
enables tax authorities “to look through shell companies, trusts
or similar arrangements, including taxable entities”.
Lastly,
the reporting requirement applies not only to banks but also to
other financial institutions such as brokers, certain collective
investment vehicles and certain investment companies.
36. The legal basis recommended for quickly establishing the automatic
exchange of information is the Multilateral Convention on Mutual
Administrative Assistance in Tax Matters (ETS No. 127) drawn up
jointly by the OECD and the Council of Europe, which currently covers
112 jurisdictions and has the advantage, in particular, of laying
down rules on taxpayers’ fundamental rights regarding exchanges
of this kind.
37. Implementation of the AEOI standard will be monitored in five
phases: monitoring of implementation, covering the adoption by each
interested jurisdiction of a framework compatible with AEOI (updating
of legislation, including international agreements, deployment of
information technology systems and adaptation of administrative
structure); monitoring by a panel of experts of compliance with
data security and confidentiality prior to the use of AEOI by two
jurisdictions; a process of analysis of loopholes in legislation;
the establishment of a network of partners, each jurisdiction being
required to exchange information with all other interested jurisdictions
which comply with the confidentiality and data safeguards requirements;
and, lastly, checks on compliance with the technical requirements
relating to automatic exchanges. In this regard, the OECD's Forum
on Tax Administration has procured a Common Transmission System
(CTS) to facilitate these exchanges between tax administrations.
38. As with EOIR, the implementation phase will be peer reviewed
by the Global Forum once the terms of reference and methodology
have been developed.
39. As of July 2017, 101 jurisdictions have committed to commence
the automatic exchange of information, 49 from September 2017 and
52 in 2018.
3.1.2. An
initial assessment: encouraging results and two questions
40. In his 2013 report, Mr Dirk
Van der Maelen underlined the crucial difference between EOIR and
AEOI. Taking the example of the French tax administration, he said
that on the basis of all the multilateral and bilateral treaties
signed by France and relevant to EOIR, the administration received
information every year on about 50 offshore bank accounts held by
French residents, although there were believed to be between 100 000
and 300 000 such accounts. His conclusion was: “It simply means
that 99.98% of the work remains to be done.”
41. I tend to agree with him because the increase in EOI requests
from 2011 to 2016 remains limited (28% for 21 countries with comparative
data
). Nevertheless, I would not deny its usefulness.
42. Assessment of EOIR, of which the first peer review cycle was
completed in 2016, does show some real progress. Of 116 jurisdictions
reviewed, 112 were found to be “compliant” or “largely compliant”,
7 “partially compliant”
and
one “non-compliant”. The aforementioned 112 include jurisdictions
which previously did not care much about transparency, including
Andorra, Antigua and Barbuda, the Bahamas, Costa Rica, the Cayman
Islands, Dominica, Dominican Republic, Guatemala, Guernsey, the
Isle of Man, Lebanon, Liechtenstein, Luxembourg, the Federated States
of Micronesia, Nauru, Panama, Samoa, the United Arab Emirates and
Vanuatu. Following the “fast track” procedure of additional peer
reviews which came to an end in June 2017, the remaining “non-compliant”
jurisdiction is Trinidad and Tobago.
43. In addition, the OECD’s 2016 report on progress on tax transparency
notes that the peer reviewing of the implementation of EOIR has
resulted in the gradual elimination of strict bank secrecy and led 33 jurisdictions
to abolish or immobilise bearer shares, which enable their owners
to conceal their identities from the firms of which they are shareholders.
44. Above all, EOIR is the first practical model for exchanges
of information that is both global in scale and operates effectively.
Its principles (adoption of a common standard, peer reviews, adoption
of terms of reference and a methodology) underpinned the introduction
of AEOI and the exchange of information under BEPS Actions 5 and
13 (see below). In this connection, the increase in the number of
EOIR relationships among members of the Global Forum, i.e. in agreements
between tax administrations concerning EOIR, whether with a bilateral
or multilateral legal basis, from approximately 2 500 in 2009 to
more than 7 000 in 2016 is a good sign because it means that the
relevant administrations are becoming increasingly familiar with
the exchange of information. The processing of the data gathered
through AEOI should benefit as a result.
45. It is through AEOI that the fight against tax avoidance and
evasion is going to take on a new dimension, given the mass of information
which tax administrations will now have access to. The OECD believes
that, even before implementation, AEOI has already had a dissuasive
effect: tax administrations have recovered close to €85 billion
in revenue as a result of voluntary disclosure programmes and other
similar measures encouraging taxpayers to declare income and assets
which they had previously concealed from the tax authorities.
46. As with EOIR, many former or existing tax havens, including
the Cayman Islands, Guernsey, Jersey, Liechtenstein, Luxembourg
and Panama, have undertaken to commence automatic exchanges in 2017
or 2018, which should make tax evasion more difficult, provided
that the commitments made are genuine and that the peer review process
has a real impact on recalcitrant jurisdictions.
47. Whether the OECD’s recommendations are effective is a question
which I will seek to answer below (see section 3.3).
48. The other question concerns tax administrations’ ability to
manage and process the mass of information which they will receive,
in particular in developing countries.
49. To conclude this initial assessment, I should like to praise
the efforts made for the benefit of the developing countries, which
account for over half of the members of the Global Forum. The OECD
has adapted its technical assistance to their needs, from the provision
of training to the development of long-term programmes, and has
contributed to the development of regional programmes such as the
African Initiative based on co-operation with the African Tax Administration
Forum, within which eight pioneering countries have undertaken to
ensure compliance with certain specific deadlines for the practical
and effective implementation of exchanges of information. The OECD,
in partnership with the United Nations Development Programme (UNDP),
is also supporting tax administrations in developing countries which
are on the frontline in the battle against tax avoidance through
its Tax Inspectors Without Borders (TIWB) initiative, sending tax
experts to work directly with local tax officials and providing
targeted, real-time “learning by doing” assistance to build their
audit capacity.
3.2. The
BEPS project: a major overhaul of international tax rules
50. Whereas EOIR and AEOI focus
on individuals, the BEPS project concerns MNEs. It stems from a
simple observation: “Gaps and mismatches in the current international
tax rules can make profits ‘disappear’ for tax purposes, or allow
the shifting of profits to no- or low-tax locations where the business
has little or no economic activity.”
3.2.1. Basis
and elements of the overhaul
51. What explains these gaps and
mismatches? Basically, the fact that the principles which have governed the
international tax system were designed to foster trade and investment
at a time when national economies were not as closely integrated
as they are today. As indicated in the report by Mr Van der Maelen
and the OECD’s pioneering report on BEPS,
the international
tax system which prevailed previously was based on thinking developed
in the 1920s by the International Chamber of Commerce and the League
of Nations, which was implemented in the OECD and United Nations
Model Tax Conventions, on which most tax treaties are still based.
The main idea was that international trade should be promoted and,
to that end, special attention should be paid to the risk of double
taxation of companies conducting trade outside their own borders.
52. These rules worked in an economy where the globalisation of
trade was limited and where there had been no digital revolution
enabling goods to be sold online with two mouse clicks. In the new
economy, while MNEs can have a global view of the various national
tax systems and act accordingly, in other words, optimise their
investments and their tax reporting, national tax administrations
rarely have all the information they need to tax multinationals’
profits in line with their real levels of activity. In promoting
trade, the 1920s rules ended up compounding asymmetries of information
to the detriment of governments. As Mr Van der Maelen very rightly
said, quoting a report by 58 non-governmental organisations (NGOs)
entitled “No More Shifty Business”, this structural asymmetry stems
from the fact that the international tax system does not deal with
MNEs according to the economic reality of their activity but regards
them as separate businesses in each country that deal independently
with each other.
53. According to the OECD,
the
total losses resulting from BEPS could be between 4% and 10% of
global corporate income tax (CIT) revenues, i.e. US$100 to 240 billion
annually. Estimates of losses in developing countries are proportionally
higher than in developed countries, given developing countries’
greater reliance on CIT revenues. The OECD also notes that affiliates
of MNEs in low tax countries report almost twice the profit rate
(relative to assets) of their global groups.
54. Apart from the “revenue losses” for States, which undermine
their sovereignty, the scale of these practices entails economic
and sociological consequences. They undermine the principle of tax
fairness between MNEs and non-multinationals which pay their taxes
under national rules. In so doing, they not only introduce distortions
in competition between companies but also help to erode the confidence
of the various stakeholders in States’ ability to enforce their
own rules.
55. In order to address these issues, after presenting the various
BEPS practices in 2013, the OECD proposed 15 actions to overhaul
the architecture of the international tax system. They were adopted
by the G20 meeting in Antalya in November 2015. They are designed
to ensure that MNEs report their profits where economic activities
take place and value is created.
56. The first key reform involved the setting of four minimum
standards to offset the negative consequences for other States of
failure by one or more States to take action.
57. The first standard makes the application of a preferential
regime conditional on the existence of a substantial activity (Action 5).
For instance, only taxpayers who themselves incurred research and development
expenditures that generated intellectual property-related profits
can benefit from preferential regimes for intellectual property.
Provision is made for automatic exchanges between tax administrations
here.
58. The second standard is aimed at preventing the abuse of tax
treaties to inappropriately obtain the benefit of certain provisions
of such treaties (Action 6). For instance, it tackles treaty shopping,
which involves a business not resident in a contracting State obtaining
tax benefits provided for in a treaty to which that State is a party.
59. The third standard (Action 13) introduces a single country-by-country
reporting standard for MNEs with consolidated annual turnovers of
at least 750 million euros. It requires MNEs to supply tax administrations
with a range of information to enable the administrations to better
assess the transfer pricing they have put in place, i.e. the prices
at which they transfer tangible and intangible assets, or provide
services, to affiliated companies (e.g. their subsidiaries).
60. The last standard (Action 14) involves the implementation
of mechanisms for the resolution of disputes relating to tax treaties
so as to limit the risks of double taxation.
61. Compliance with these four standards is being reviewed and
monitored under a process modelled on that used by the Global Forum
on Transparency and Exchange of Information and conducted, according
to the OECD, “on an equal footing” by peers within the Inclusive
Framework, which included over 100 States and jurisdictions as of
July 2017.
62. The second element of the reform is the amendment (in some
cases, far-reaching) of international tax rules. This is true, for
instance, of Actions 8 to 10 (aligning transfer pricing outcomes
with value creation), which aim to alter the rules applicable to
transfer pricing so as “to reduce the incentive for MNEs to shift
income to ‘cash boxes’ – shell companies with few if any employees
and little or no economic activity, which seek to take advantage
of low- or no-tax jurisdictions”.
63. Reference could also be made to the redefinition of “permanent
establishment” (Action 7), which is usually a criterion employed
to ensure taxation and which some MNEs circumvent, for example through commissionaire
arrangements, i.e. arrangements “through which a person sells products
in a State in its own name but on behalf of a foreign enterprise
that is the owner of these products. Through such an arrangement, a
foreign enterprise is able to sell its products in a State without
technically having a permanent establishment to which such sales
may be attributed for tax purposes and without, therefore, being
taxable in that State on the profits derived from such sales”.
Several other components
are also included in the BEPS package. Significantly, they take
account of the risks of BEPS practices inherent in the digital economy,
for instance by facilitating the collection of Value Added Tax (VAT)
in the countries where the customers are located.
64. Lastly, as a fundamental element in making this new architecture
effective, the procedure recommended (Action 15) for updating the
3 500 bilateral tax treaties is accession to a multilateral instrument
that avoids the renegotiation of the individual treaties. Known
as the Multilateral Convention to Implement Tax Treaty Related Measures
to Prevent Base Erosion and Profit Shifting (BEPS Multilateral Instrument),
it was drawn up by an ad hoc group of more than 100 countries and
jurisdictions, was opened for signature in 2016. It now has 70 signatories.
In addition, seven other jurisdictions have already committed to
sign the BEPS Multilateral Instrument by the end of 2017.
3.2.2. Initial
assessment of the BEPS project
65. According to the report by
the OECD Secretary-General to the G20 Leaders in July, “2017 is
the year of implementation” of the measures delivered under the
G20/OECD BEPS Project.
66. Implementation is indeed under way. For instance, the terms
of reference and the methodology for the four minimum standards
to be covered by peer reviews which will ensure their effectiveness
were published in February 2017. Moreover, country-by-country reporting
should begin in 2018 with the automatic exchange of information
between jurisdictions which have acceded to the Multilateral Competent
Authority Agreement on the Exchange of Country-by-Country Reports.
67. It is therefore possible to make an initial assessment in
both methodological and substantive terms.
68. The first observation concerns the speed of the process. The
OECD succeeded in proposing 15 detailed actions overhauling the
international tax system in the space of only two years (2013-2015),
and negotiating the BEPS Multilateral Instrument in one year (2015-2016).
69. The speed is all the more remarkable since the entire negotiation
process respected States’ sovereignty, was conducted at an economically
and fiscally relevant level, and was genuinely inclusive. 100 jurisdictions participated
in the negotiation of the BEPS convention, 102 are involved in the
Inclusive Framework on BEPS, including several developing countries,
a number of tax havens and international and regional organisations, and
64 in the Multilateral Competent Authority Agreement on the Exchange
of Country-by-Country Reports. The inclusive approach is an integral
part of the peer review system, which operates on the consensus principle.
70. This exercise in multilateralism generates rather than prevents
standardisation. The clearest example here is the country-by-country
reporting (Action 13): the information which MNEs must supply is
specific, comprehensive and standardised
and is submitted in accordance
with a common reporting standard. This standardisation allows both
for the automatic exchange of information and for its easy use by
the tax authorities and also facilitates the task of reporting for
the MNEs.
71. In substantive terms, if we consider the recommendations made
by the enlarged Assembly in
Resolutions 1951
(2013) (paragraphs 16 to 17) and
Resolution 2074 (2015) (paragraphs 23 to 24), it must be acknowledged that
most have been acted upon. The only reservation perhaps concerns
Mr Van der Maelen’s call for the introduction of a system of unitary
taxation of MNEs, as set out in paragraph 17.2 of
Resolution 1951 (2013). While the country-by-country reports do come closely
into line with the obligation to “produce comprehensive global financial
reports” referred to in that paragraph, our colleague’s call for
a possible “multilateral agreement on a system of unitary taxation
of transnational corporations” seems just as impracticable today
as in the 1920s, when the question was raised and dismissed for
lack of political agreement. It would nevertheless be desirable.
72. Admittedly, questions may be asked about the lack of coercive
mechanisms concerning implementation of the measures which are not
covered by the four minimum standards but take the form of commitments recommended
by the OECD, and calls may be made for more binding procedures than
peer reviews. Nevertheless, I believe that the success of the BEPS
project lies, above all, in the fact that the vast majority of States
have a substantial shared financial interest in implementing the
new rules for the tax system and that those content with being free
riders do not really have the political weight to maintain their
position.
73. The number of “tax havens” which have joined the Inclusive
Framework confirms my belief here. The same is true of the European
Commission’s decision on 30 August 2016 ordering Ireland to demand
the repayment of €13 billion by Apple, as the tax regime granted
to the company by the Irish authorities was deemed to have amounted
to illegal State aid. For the record, the European Commission’s
investigations found that “the tax treatment in Ireland enabled
Apple to avoid taxation on almost all profits generated by sales
of Apple products in the entire European Single Market. This is
due to Apple’s decision to record all sales in Ireland rather than
in the countries where the products were sold” and also that “only
a small percentage of Apple Sales International’s profits were taxed
in Ireland, and the rest was taxed nowhere”.
As Apple has appealed against the
Commission’s ruling, caution is called for. Nevertheless, aggressive
tax planning of this kind respects neither the spirit nor the letter
of the BEPS project.
74. In conclusion, I would say that the BEPS project is a good
example of multilateralism serving State sovereignty initiated by
the OECD with the G20, and being implemented by over half the members
of the United Nations.
3.3. Proposals
to make the OECD’s recommendations on taxation more effective
75. One of the keys to success
lies in the extent to which the peer review recommendations are
taken into account. At present, not only does the peer review process
not prevent measures being taken that amount to steps backward but
it is also not intended to impose dissuasive penalties on unco-operative
jurisdictions. What is the risk for a jurisdiction that does not
wish to act on the Global Forum’s recommendations? Apart from potentially
being subject to restrictions on investments linked to the European
Bank for Reconstruction and Development (EBRD) or the International
Finance Corporation (IFC) and from reputational risk, sanctions consist
simply in being denied access to tax information from the other
jurisdictions. Of course, if it believes that tax evasion is costing
it a lot, it will think twice before refusing to implement the recommendations. However,
if the tax evasion does not cost it anything or if the recommendations
affect a key aspect of its “fiscal attractiveness”, the penalty
of not being involved in information exchanges will have little
weight in encouraging it to implement the Global Forum’s recommendations.
76. That is why I believe that one of the points to look into
in future concerns how to ensure compliance with the recommendations
by more binding means than at present.
77. At the request of the G20 itself, the OECD put forward five
corresponding types of action,
which, although they only concern EOIR,
could be extended to AEOI or BEPS. Those involving further publicising
the Global Forum ratings to amplify their reputational impact would
seem to be the right approach. The enlarged Assembly could go further,
for instance, by reporting the Global Forum and Inclusive Framework
ratings in a parliamentary report, along the lines of what the Parliamentary
Assembly of the Council of Europe does regarding the execution of
the judgments of the European Court of Human Rights.
78. Another proposal which I fully endorse is that international
organisations and development agencies such as the Council of Europe
Development Bank, the EBRD, the European Investment Bank and the
IFC take the Global Forum or Inclusive Framework ratings into consideration
when determining their investment policies.
79. While the other measures recommended by the OECD are also
useful, they all reflect the Organisation’s commitment to its existing
procedures and its reluctance to promote more controversial mechanisms.
In my view, however, if we are to avoid States taking bilateral
reprisals which would negate the multilateral practices promoted
by the OECD, such as making the implementation of certain recommendations
conditional on compliance with the principle of reciprocity, it
is necessary to go further. In terms of the automatic exchange of information,
this has happened with regard to the United States, which is a member
of Global Forum and has ratified the Convention on Mutual Administrative
Assistance but not the 2010 amending protocol. Nevertheless, it
has decided not to use it in the area of banking data and instead
apply its own Foreign Account Tax Compliance Act (FATCA) information
exchange system, which requires foreign banks to supply data to
the US Treasury Department without full reciprocity of information
being transferred in return from US banks to the States which supplied
the said data. In response to this American freeriding, most financial
centres have removed the United States from the list of their partner
jurisdictions.
80. One solution would be to establish a more judicial mechanism
for the imposition of penalties, as proposed by the Assembly in
Resolution 2130 (2016) on the Panama Papers, in which it encouraged the OECD
“to review, together with the Council of Europe, their joint Convention
on Mutual Administrative Assistance in Tax Matters (ETS No. 127)
with the aim of facilitating the creation of an international tax
co-ordinating body under the auspices of the OECD, capable of imposing
sanctions” (paragraph 5.11). The World Trade Organisation panels
of experts could be a further model here.
81. The OECD rightly pointed out that the joint Convention already
has a «co-ordinating body», which can, under the aegis of the OECD,
“recommend any action likely to further the general aims of the
Convention» (Article 24.3 of the Convention). Whether this body,
composed of representatives of the competent authorities of the
Parties to the Convention, could be the body capable of imposing
sanctions or whether another one should be instituted remains open,
but making sanctions more judicial seems essential to me. Making
the penalties which otherwise would be applied bilaterally more
judicial is also means of ensuring more civil international relations.
That seems just as reasonable as focusing all efforts on dialogue.
4. How
inequality hampers economic growth
82. Since the 2007-2008 crisis,
the issue of inequality has been high on the political agenda in
developed countries. It is now combined with a widely shared concern
about the inclusiveness of economic development. Growth must benefit
the many, not the few. This is now widely recognised within the
international community: reducing inequality is Goal No. 10 of the
Sustainable Development Goals set by the United Nations in 2015;
in addition, at its meeting in Dhaka in April 2017, the Inter-Parliamentary
Union Assembly, which brings together parliamentarians from 132
countries, called for inequalities to be redressed so as to deliver
on dignity and well-being for all; lastly, the Parliamentary Assembly
of the Council of Europe in April 2017 debated the report by our
colleague, Mr Andrej Hunko (Germany, UEL), on “Fighting income inequality
as a means of fostering social cohesion and economic development”.
83. For its part, the OECD highlighted the potentially harmful
effects of growing income inequality in 2008
and has documented the latter
on an ongoing basis since then. In November 2016, it published an
income inequality update, the title of which sums up its content:
“Income inequality remains high in the face of weak recovery.” In
May 2017, the OECD Secretary-General also presented the report “A
fiscal approach to inclusive growth” to G7 Finance Ministers and
Central Bank Governors.
84. The negative impact of inequality on social cohesion and in
terms of challenges to the foundations of democracy has been dealt
with at length by Mr Hunko. I will therefore focus on what I regard
as the particular merit of the OECD’s work, i.e. its economic perspective.
Beyond the issue of social justice, does inequality boost growth
or hamper it? If the latter is the case, what decisions should public
authorities take?
4.1. Widening
inequality in incomes and wealth: a clear trend
85. In its study, “In It Together:
Why Less Inequality Benefits All” (2015), the OECD noted that income inequality
has widened continuously since the 1980s, but under two different
processes.
86. Initially, from the 1980s until the recession in 2007, real
disposable household incomes rose in all OECD countries (except
Japan), for both the richest 10% and the poorest 10%. In three quarters
of the countries, however, the growth was greater for the richest
10% of households than for the poorest 10%, which explains that
while the population as a whole became richer in absolute terms,
inequality grew.
87. With the crisis, income inequalities were magnified by the
decline in poor households’ incomes. As the November 2016 inequality
update indicated, in 2013-2014, incomes at the bottom of the income
distribution were still well below pre-crisis levels, while top
and middle incomes had recovered much of the ground lost during
the crisis. But the bottom of the income distribution accounts for
40% of the population rather than 10%. In real terms, that means
that the incomes of 40% of households have fallen.
88. The result is that, with a few exceptions such as Turkey,
Hungary and Chile, where income inequality fell between 2010 and
2016 because of the improvement in the incomes of the poorest households,
OECD countries are now much more unequal than in the 1980s. Whether
based on the Gini index, which is usually used to measure inequality
levels between or within countries, or on the ratio of the richest
10% of households to the poorest 10%, the picture is the same: the
OECD area’s Gini index was 0.29 in the 1980s and 0.315 in 2015;
in 1980, the incomes of the richest 10% were seven times those of
the poorest 10%; by 2015, their incomes were almost 10 times those
of the poorest 10%.
89. Less generalised because based on data for fewer countries,
but equally interesting, is the conclusion of the “In It Together”
study on inequalities in household wealth, i.e. those involving
financial assets (such as shares) and non-financial assets (usually,
real estate or housing). Inequality here is much greater than income inequality,
with the richest 10% of households holding over half of total wealth,
the next 50% owning almost all of the remainder and the poorest
40% only 3%. As with incomes, the financial crisis seems to have
increased wealth inequality both at the top of the distribution
and at the bottom.
4.2. Widening
inequality: hampering growth as a likely consequence of reduced
social mobility
90. Economic theory has long regarded
the existence of inequality as either being harmful or, on the contrary,
beneficial to economic growth. On the “anti-growth” side are theories
relating to the “accumulation of human capital”, with distortions
on the financial markets leading individuals to base investment
decisions on their incomes or assets rather than on the returns
which they should be able to obtain on their investment. For instance,
a poor household may decide to stop their child’s studies because
they are unable to pay the fees, whereas if they did pay, continuing
the studies would produce a substantial “return on investment”.
As a result, the household fails to increase its child’s human capital.
91. Conversely, the incentives theory is often cited on the “pro-growth”
side. According to this theory, high inequality provides incentives
“to work harder and invest and undertake risks to take advantage
of high rates of return ... For example, if highly educated people
are much more productive, then high differences in rates of return
may encourage more people to seek education”.
92. The study conducted by the OECD in 2015, of which Mr Hunko
rightly quoted one of the conclusions, suggests that there indeed
seems to be a negative relationship between widening income inequality
and growth: the widening of inequality by two Gini points (0.02)
in 19 OECD countries between 1985 and 2005 is estimated to have
knocked 4.7 percentage points off cumulative growth between 1990
and 2010.
93. Moreover, this relationship applies at the bottom of the distribution,
but not at the top. In other words, a reduction of the inequality
affecting the 40% of the population on low incomes would have a
positive impact on growth, but there would be no impact if it affected
the remaining 60% of households.
94. With its extensive data on education, the OECD shows that
the more income inequality widens, the less individuals with parents
from lower parental educational background
are
able to increase their human capital. Here the study draws on the
fact that individuals’ average levels of education – a measure of
human capital – depend to a large extent on their parents’ levels
of education. It notes, first of all, that the higher the Gini index is,
the more likely it is that individuals whose parents have low education
levels will not enter higher education.
That is not true of individuals
with parents with middle to high education levels.
95. This negative relationship between increasing inequality and
levels of human capital for individuals whose parents have low educational
levels is also qualitative as regards skills. The higher the Gini
index therefore, the lower the numeracy
and
literacy scores
of
these individuals are. The same applies on the labour market outcomes,
where individuals with parents with low education levels are much
more likely to not be employed over their working life when the
Gini index rises.
96. These findings indicate that widening inequality hampers growth
because it reduces the propensity of the least well-off households
to accumulate human capital. In other words, if these households
making up 40% of the population were able to make different choices
and boost their human capital, they would make a greater contribution
to growth in GDP.
4.3. How
to unlock growth?
97. This study is useful in three
respects. First of all, it emphasises that corrective measures must
not be directed solely at the poorest 10% but at the least well-off
40%. Secondly, it provides a purely economic argument for reducing
inequality. Lastly, and this is a source of genuine satisfaction
for me, in taking a relatively liberal approach, it moves the debate
from social justice to social mobility; what matters more in developed countries
than the share of the population on low incomes making sure that
they do not remain on low incomes. In other words, this brings us
back to an old principle: economically healthy societies are ones
where there is genuine individual mobility rather than ones where
people cannot escape from the socio-economic class they are born
into, which determines their human capital and, consequently, their
income levels. Equality of opportunity is therefore an excellent
economic and political antidote since, as I would point out, it
is the opposite of an egalitarian system.
98. The study provides two other major lessons. Firstly, as the
OECD indicates, public policies must not focus solely on growth
in the belief that it will automatically benefit all sectors of
society because, in that case, if inequalities were to increase,
they could compromise growth in the long term. Secondly, the redistribution mechanisms
based on social benefits and taxation, which are significant in
the OECD area in that they reduce income inequalities within the
working age population by an average of 26%,
must be maintained
insofar as they are neutral for growth.
99. In this connection and in order to draw the conclusions from
the findings of its study on the accumulation of capital, the OECD
advocates a series of measures geared towards skills and education
and involving both initial training and continuing training. They
focus on early childcare and education, policies for families with school-age
children, reducing inequality in educational outcomes, upgrading
skills to avoid obsolescence and understanding the demand for skills
to ensure alignment with skills supply.
100. In conclusion, I believe that it would be useful to us as
policymakers if the OECD were to continue its work in two directions
by looking in greater depth at the relationship between wealth inequality
and growth and indicating the threshold from which countries can
expect income inequality to harm growth. We know that there is no
single threshold applicable to all countries, with society in the
United States (Gini index in 2014: 0.394), Turkey (0.393) and Chile
(0.465), for instance, coping with much greater levels of inequality
than in countries such as Slovenia (0.255), Norway (0.252) and Iceland
(0.244). Perhaps, however, there are different relevant thresholds
for groups of countries sharing certain common characteristics.
5. Youth
employment in the OECD: investing in education and skills today
will generate future employment and subsequent growth
101. The employment of young people
(defined as 15 to 24-year-olds or 15 to 29-year-olds depending on
the studies) in the OECD is an issue that carries on from the analysis
of inequalities in many respects.
5.1. Mixed
picture regarding young people
102. The employment outlook published
in 2016
set out two key points: firstly, youth
unemployment is very cyclical compared to other sections of the
working population, which might suggest that the economic recovery will
remove young people from unemployment and, secondly, there are increasing
numbers of young people who are genuinely economically vulnerable.
103. Young people were therefore disproportionately affected by
the Great Recession: youth unemployment in the OECD area rose from
12.1% in 2007 to 17.3% during the crisis, which was twice the increase
for older workers. Conversely, it then fell more quickly than the
overall unemployment rate and stood at 13.4% by the end of 2015.
However, it was still higher then than before the crisis in 26 OECD
countries.
104. The youth labour market has been very dynamic since the crisis
in the countries where the overall employment market has recovered
most strongly. For instance, youth unemployment is still 10 percentage points
higher than before the crisis in Spain, Greece, Ireland and Italy
and lower than the pre-crisis level in Germany and Israel, where
overall unemployment is also lower than in 2007.
105. At the same time, the number of people not in employment,
education or training (NEETs) among 15 to 29-year-olds was 14.6%
in 2015, as against 13.5% in 2007. That represents 40 million young
people in the OECD area, of whom 27 million are not actively seeking
employment.
Since
2007, the number of NEETs has increased in 24 OECD countries, in
particular in Spain, Greece, Ireland, Italy and Slovenia.
106. While this category is still diverse, those concerned are
subject to short-term economic vulnerability on account of their
family circumstances: in European Union countries, one in four NEETs
lives in a household where no one is in employment, whereas the
figure is one in 10 for other young people. Moreover, the probability
of living in a non-working household is 44% for low-skilled NEETs
who have not completed higher secondary education, which puts them
at a greater risk of poverty.
107. Obviously, the fear is that these low-skilled NEETs will have
great difficulty finding jobs again, including when youth unemployment
has fallen back to its pre-crisis level.
5.2. Fostering
youth employment
108. At the November 2015 Antalya
Summit, the G20 leaders set the goal of reducing the share of young people
most at risk of being permanently excluded from the labour market
to 15% by 2025. Annex III to the declaration adopted at the close
of the summit refers specifically to NEETs and sets out nine principles
to guide
policies to improve youth employment, which the G20 called on the
OECD and the International Labour Organization to follow up.
109. An interesting aspect of these nine principles is that they
largely overlap with the nine pillars of the OECD Action Plan for
Youth adopted in 2013, while establishing different priorities for
the measures to be taken: as the impact of the crisis is weakening,
efforts must be focused less on combating youth unemployment in
the short term, although that must continue to be done actively,
and more on improving young people’s long-term employment prospects,
which requires policies to boost their education and skills.
110. Such policies are all the more necessary in the OECD area
since the Organisation predicts that 23 of its members will achieve
the G20 goal by 2025 and 11 will not if current trends in reducing
unemployment continue.
111. Improving the long-term employment prospects of NEETs obviously
involves fighting inequalities with a view to achieving a positive
impact on economic growth in addition to the goal of social justice.
The theory of the accumulation of human capital applies in full
to NEETs, even more than for young people as a whole. It is a matter
of increasing investment opportunities – or quite simply rational
economic choices – for an economically vulnerable group
112. In its “In It Together” study, the OECD sets out a series
of corresponding measures. For instance, it suggests that investment
in human capital should start during early childhood, pointing out
that the findings of its PISA survey measuring educational levels
show that participation in quality education (as measured by the ratio
of children to staff, the programme’s duration and spending per
child) is associated with stronger reading performance at age 15,
especially for children from families with disadvantaged socio-economic
backgrounds.
113. It also calls for action to combat early school leaving, quoting
the example of New Zealand, where schools send regular reports to
the Department of Education about every young person who leaves
school either with or without a qualification; the department then
refers those requiring additional training or individual support
to specialised service providers.
114. It also emphasises the importance of reducing inequality in
educational outcomes: for instance, countries such as Canada, Finland,
Japan and Korea all have education systems committed to giving equal opportunities
to both disadvantaged and advantaged students to achieve strong
academic outcomes, which is reflected in good results in reading
performance (2012 PISA survey) for all students and better results
than expected for disadvantaged students.
115. Other examples are given. They all point in the same direction:
education and skills are the key to increasing individual social
mobility and building a society that is more prosperous and fairer
because it is more inclusive. To quote Mr Helmut Schmidt, investing
in young people, especially when they are disadvantaged, paves the
way for their future employment and for subsequent economic growth.
6. Monitoring
of the OECD parliamentary groups
116. The OECD is keen to involve
parliamentarians in some of the issues it addresses. An overview
of relevant activities must therefore be provided here. In 2016
and in 2017, two groups met, i.e. those on tax and on integrity
and transparency.
6.1. Parliamentary
Group on Tax
117. According to the report on
its fifth meeting on 2 May 2016, some of the discussions focused
on the challenges of, and progress made with, the BEPS project,
details of which have been given in this report, along with updated
data.
118. Nevertheless, three issues addressed ought to be highlighted.
Firstly, while all participants unanimously welcomed the progress
made regarding BEPS, some parliamentarians indicated their desire
to go further. For instance, the Chair of the European Parliament
Special Committee on Tax Rulings and Other Measure Similar in Nature
or Effect (TAXE), Mr Alain Lamassoure, called for a common OECD-European
Union list of tax havens. This proposal was not endorsed by the
OECD Secretary-General. Mr Angel Gurría, seemed to express a preference
for an open dialogue and peer reviews to persuade non-compliant
countries to become compliant. At the same time, some parliamentarians
called for a BEPS 2 project to increase transparency regarding taxation
and, above all, combat aggressive tax avoidance. In the long term,
I believe that it will, indeed, be necessary to tackle head on aggressive
tax practices rather than just tax havens and loopholes in the international
tax system.
119. The second interesting issue concerned national parliaments’
roles in improving the system. Ms Michèle André, Chair of the Finance
Committee in the French Senate, said that the latter had had no
qualms in 2011 about rejecting a tax treaty with Panama which had
not offered sufficient safeguards. Ms Meg Hillier, Chair of the
Public Accounts Committee in the United Kingdom House of Commons,
referred to the inquiries launched by her committee in 2012, 2013
and 2015, which had found that MNEs were avoiding British taxes.
She also mentioned the sharp criticism triggered by the £130 million
settlement between Google and Her Majesty’s Revenue and Customs
(HMRC), as some members of parliament felt that the amount paid
did not match the scale of the company’s business in the United
Kingdom.
120. Lastly, there were interesting exchanges about the action
of the European Union, including the Commission’s launch of its
anti-avoidance package seeking to ensure that implementation of
the BEPS project was harmonised in the member States and preparing
to put forward additional proposals such as relaunching the Common
Corporate Tax Base (CCTB). It should also be noted that the proposal
to set up a committee of inquiry on the Panama Papers in the European
Parliament, which was mentioned at the meeting, has been acted on:
the Committee of Inquiry into Money Laundering, Tax Avoidance and
Tax Evasion (PANA Committee) began operating in July 2016 and is
continuing its work.
6.2. Parliamentary
Group on Integrity and Transparency
121. Three points may be noted from
the first meeting of this group (February 2017), which focused on ensuring
integrity and transparency in politics.
122. The first is that there is a big divide between voters and
their representatives: as indicated by Ms Stav Shaffir, member of
the Knesset, only 40% of citizens trust their government and the
situation is deteriorating in many OECD countries.
123. The second is that the OECD is addressing the issue because
it believes that integrity and transparency in public life are an
integral part of good governance, which has a direct impact on wealth
creation. In this connection, the OECD adopted a recommendation
on Public Integrity in January 2017, which it regards as a benchmark
and of which a key feature is its cross-cutting approach in introducing
a common framework for public officials, business, civil society
and individuals with a view to building a coherent “integrity system”.
Its representative stressed that accountability was the key to the
system and that parliamentarians are expected to lead the way in
ensuring compliance. For instance, he mentioned that, not long ago,
the vast majority of OECD countries did not have regulations on
lobbying.
124. Lastly, the OECD stands ready to help countries which so desire
to implement the recommendation, including by setting up peer reviews.
Hence, it was asked by member countries, such as Mexico and the
Slovak Republic, as well as non-members, such as Argentina, Colombia
and Peru, to conduct an integrity review, which led to a number
of concrete proposals for action.
7. Conclusion
125. This report has been drawn
up in an international context that would not seem very favourable
to open globalisation or multilateralism and free trade. 2016 and
2017 have been marked by Brexit with the willingness of the United
Kingdom to leave the Single European Market, the calling into question
of the Trans-Pacific Partnership between the United States and Asia,
the United States’ withdrawal from the Paris Climate Agreement,
the US government’s refusal to condemn protectionism in the declaration
of the G20 Finance Ministers’ meeting in Baden-Baden in March 2017
and apparent differences in views at the G7 in May 2017 between
President Trump and his partners concerning international trade
and environmental issues.
126. Nevertheless, as this report shows, multilateralism is needed
if globalisation is to be fairer. Without multilateralism, there
can be no effective fight against tax evasion, or against base erosion
or aggressive tax competition practices. Multilateralism is not
only necessary: it works, as demonstrated by the funds returned by
tax exiles before the introduction of AEOI. And here it works for
globalisation for all rather than just for the few.