SUNDAY, APRIL 13, 2008 |
| 5:00 PM- 6:30 PM |
EARLY CHECK-IN |
| 6:30 PM - 8:00 PM |
WELCOME COCKTAIL RECEPTION
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MONDAY, APRIL 14, 2008 |
| 7:30 AM - 8:20 AM |
CONTINENTAL BREAKFAST & CHECK-IN |
| 8:20 AM - 8:30 AM |
OPENING REMARKS |
| 8:30 AM - 9:15 AM |
OFFSHORE FINANCIAL CENTERS – THE STATE OF THE INDUSTRY
How have OFCs coped with the tax and regulatory initiatives by foreign governments and agencies? Which jurisdictions are in the ascendancy and which are in decline? How will allegations of Government corruption and the possibility of independence affect the world's third largest insurance market - Bermuda? Will the Cayman Islands benefit from Bermuda's problems? What impact is Dubai having on traditional OFCs? Are emerging economic powerhouses like Russia and China fueling growth in OFCs? Which OFCs are regulating and prosecuting financial criminals effectively and which are turning a blind eye? Is Grenada's Government-sponsored financial crime-wave over? Which OFCs are co-operating with overseas tax investigations and which are not? All this and more.
Brendan Hewson, Principal, Global Risk Advisory Services (USA). |
| 9:15 AM - 10:15 AM |
HOW TO UTILIZE OFFSHORE FINANCIAL CENTERS WITHOUT BREAKING THE LAW
The world's biggest corporations and wealthiest high net worth individuals routinely use OFCs in an attempt to improve their bottom line. However, there is a thin, movable line between what is legal and illegal in the eyes of major countries like the United States. Some of the offshore world's most experienced practitioners explain how stay on the right side of the laws in your home jurisdiction when utilizing offshore structures to reduce your overall business risks and improve the efficiency of your capital.
Banking. Trusts. Estate Planning. Hedge Funds. Mutual Funds. Stock Exchanges. Insurance. Reinsurance. Ship Registration. Aircraft Registration. Transfer Pricing. Re-Invoicing. Nominee Services. Company Management. Merchant Processing. Data Protection. & More.
MODERATOR:
Joseph Field, Senior International Partner, Withers LLP (USA).
PANELISTS:
- Kenneth Morgan, Executive Director, Rawlinson & Hunter Ltd. (BVI);
- Timothy Ridley, OBE, Chairman, Cayman Islands Monetary Authority & Ex-Senior Partner of Maples and Calder, Cayman's biggest law firm (Cayman); and
- Michelle Wolfe, Managing Director, Butterfield Trust (Bermuda) Limited. (Bermuda).
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| 10:15 AM -10:45 AM |
REFRESHMENT BREAK
SPONSORED BY
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| 10:45 AM - 12:15 PM |
OFFSHORE FINANCIAL CENTERS: ARE THEY HEALTHY FOR THE GLOBAL ECONOMY?
A debate between pro-offshore and anti-offshore factions on whether OFCs play a positive or negative role in world finance.
Preview: Read an interview conducted by OffshoreAlert with Dan Mitchell and Richard Murphy on 'The Big Debate', a preview of what can be expected when economist Dan Mitchell & Richard Hay will go head-to-head with Jack Blum & Richard Murphy for the first time ever in a public forum to openly debate whether offshore financial centers are good or bad for the global economy.
MODERATOR:
Stewart L. Kasner, Partner, Baker & McKenzie (USA).
PANELISTS:
Yes, they are:
- Daniel J. Mitchell, Senior Fellow, Cato Institute (USA); and
- Richard Hay, International Tax Principal, Stikeman Elliott (UK).
No, they aren't:
- Jack Blum, Co-Author, 'Financial Havens, Banking Secrecy & Money Laundering' (USA); and
- Richard Murphy, Research Director, Tax Justice Network (UK).
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| 12:15 PM -1:45 PM |
LUNCH |
| 1:45 PM - 2:45 PM |
Choose One |
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Compliance 101
BUILDING A RISK ASSESSMENT TOOL
How to identify and categorize risk on a client-by-client basis and develop an Excel workbook for risk-scoring. Participants are encouraged to bring their laptops.
Nancy Saur, ATC Trustees (Cayman) Ltd. (Cayman Islands).
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Offshore A - Z
STRUCTURED FINANCE & INSURANCE: THE ART OF MANAGING CAPITAL AND RISK
How complex legal and corporate entities are used to improve capital efficiency and transfer risk, using products such as Securitization of Risk, Financial Reinsurance, Captive Insurers, & Other Risk-Transfer Products. Why are they formed? Who is forming them? What tax and other advantages do they offer. How are they viewed legally?
Christopher L. Culp, Adjunct Professor of Finance, University of Chicago's Graduate School of Business, & Author of 'Structured Finance & Insurance: The ART of Managing Capital and Risk' (USA). |
Jurisdictions 360°
BRITISH VIRGIN ISLANDS
The BVI is the volume-king of offshore incorporations, with 802,850 foreign-owned entities on its Companies Register at June 30, 2007, which equates to 36 for every one resident. However, virtually none of these companies has a physical presence in the BVI, so what is their purpose? Experts from the jurisdiction are on hand to explain all and answer any questions.
MODERATOR:
Cheryl Bazard, Senior Partner, Cheryl E. Bazard Law Chambers (Bahamas).
PANELISTS:
- Kenneth Morgan, Executive Director, Rawlinson & Hunter (BVI);
- Alex Erskine, Managing Partner, Appleby (BVI); and
- Lorna Smith, Director, BVI International Finance Centre (BVI).
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| 2:45 PM -3:45 PM |
Choose One |
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Compliance 101
PREPARING FOR THE WORST
Steps you should take to minimize interruption to your business when disaster strikes, covering data, employees, premises, communications, and other essentials.
MODERATOR:
Angela Mele, Compliance Officer, Bodden Compliance Services (Cayman Islands).
PANELISTS:
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Burke Files, Principal, Financial Examinations & Evaluations, Inc. (USA);
- Polly Pickering, Relationship Manager, Foreshore Limited (Jersey, Channel Islands); and
- John Cowan, Managing Director, 6fusion International Limited (Cayman Islands).
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Offshore A - Z
HEDGE FUNDS
What are the tax, bureaucratic, legal and regulatory advantages of establishing a hedge fund offshore? What do they invest in? How much of a physical presence must they have in an OFC to meet legal requirements? How are failures handled and will foreign investors be treated fairly by the courts? How to go about recovering the assets of failed funds.
PANELISTS:
- Christopher Stride, Director, Krys & Associates (Cayman); and
- Daniel Glosband, Partner, Goodwin Procter (USA).
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Jurisdictions 360°
PANAMA
MODERATOR:
Joe Wise, Director of Operations & General Counsel, Verasys, LLC (USA).
PANELISTS:
- Mario Vlieg, Associate, Mossack Fonseca & Co. (Panama);
- David Mizrachi, Senior Partner, Mizrachi Davarro & Urriola (Panama); and
- Anibal Figueroa, Legal Advisor, Superintendencia de Bancos (Panama).
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| 3:45 PM - 4:15 PM |
REFRESHMENT BREAK
SPONSORED BY
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| 4:15 PM - 5:30 PM |
Choose One |
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Compliance 101
MANAGING PROJECTS
How to manage the risks in the Project Life Cycle From Request for Proposal through Post Implementation.
PANELISTS:
- John Walsh, Founding Partner & CEO, SightSpan Inc. (USA);
- Jeffrey Sklar, Managing Director, SHC Consulting Group, Inc. (USA); and
- Julia A. Mold, Forensic & Dispute Services, Deloitte Financial Advisory Services LLP (USA).
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Offshore A - Z
HOW TO LEGALLY OBTAIN INFORMATION IN OFFSHORE FINANCIAL CENTERS
It is a popular myth that OFCs are so secretive that information will not be turned over to foreign regulators, prosecutors, and creditors under any circumstances. Our panel of experts lets you know what you are entitled to and guides you though the process of obtaining it.
MODERATOR:
DC Page, Managing Partner, Verasys, LLC (USA).
PANELISTS:
- Jacqueline Somersall-Berry, Director, St. Kitts & Nevis Financial Intelligence Unit;
- Matthew Crawford, Associate, Maples and Calder (Cayman); and
- Carlos Castillo, Attorney, Seidman Prewitt DiBello & Lopez (USA).
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Jurisdictions 360°
BERMUDA
Bermuda's rise to become the world's third-largest insurance market is astonishing given its size (21 Sq. Mi.) and tiny population (65,000 people). What tax, legal, investment, and regulatory benefits does Bermuda offer that attracts so many insurers and reinsurers? How will Bermuda's status be affected by the prospect of independence from the United Kingdom?
MODERATOR:
Timothy Ridley, Chairman, Cayman Islands Monetary Authority (Cayman).
PANELISTS:
- Michael McAuley, Counsel, Appleby (Bermuda);
- David Marchant, Publisher, OffshoreAlert; and
- One Other, TBA.
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| 5:30 PM - 7:30 PM |
NETWORKING COCKTAIL RECEPTION
SPONSORED BY
Astigarraga Davis is a boutique law firm with a practice focused on commercial litigation, arbitration and other business disputes. Our commercial litigation strengths include international litigation, international arbitration, financial services litigation including creditors' rights, bankruptcy, and class actions as well as the recovery of assets for defrauded institutions.
Martin Kenney & Co. is a specialist, multi-jurisdictional investigative and litigation practice. The firm concentrates on the representation of persons harmed by economic crime in a multi-jurisdictional setting. The firm uses a combination of traditional and extraordinary measures to gather, most usually on an emergency basis, evidence of serious forms of wrongdoing, and to recover substantial value in many places concurrently.
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TUESDAY, APRIL 15, 2008 |
| 7:30 AM - 8:30 AM |
CONTINENTAL BREAKFAST |
| 8:30 AM - 9:30 AM |
MY WAY OR THE HIGHWAY: IS THE UNITED STATES REGULATING ITSELF INTO ECONOMIC DECLINE?
A debate on the effects that bureaucracy and financial regulations within the United States are having on its economy and whether they are driving business to other countries and are, in fact, key reasons why offshore financial centers not only exist but thrive.
MODERATOR:
David Marchant, Publisher, OffshoreAlert.
Yes, it is.
Burke Files, Principal, Financial Examinations & Evaluations, Inc. (USA)
No, it isn't.
Jack Blum, Ex-United States Senate Staff Attorney (USA).
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| 9:30 AM - 10:30 AM |
Choose One |
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Compliance 101
CLIENT CONFIDENTIALITY
In the wake of Julius Baer's bank records being leaked by a former COO to a web-site at Wikileaks.org, the purchase by various tax authorities of stolen client data belonging to LGT Bank in Liechtenstein, and reports of US authorities seizing laptops and other data-storage devices from travelers at US airports, how secure are offshore banking records? What are the current legal, regulatory, practical and other issues concerning client confidentiality and what precautions should international businesses take to protect their records?
Mark Rasch, Managing Director - Technology, FTI Consulting Inc. (USA).
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Offshore A - Z
OFFSHORE INVESTIGATIONS: WARNING SIGNS THAT AN OFFSHORE ENTITY MAY BE INVOLVED IN ILLEGAL ACTIVITY
How to conduct an offshore investigation. A trained eye can spot red flags in an offshore company, often just from publicly-available information. How a choice of domicile, an address, the use of nominees as directors and shareholders, hidden domain name information, and other factors can tell you all you need to know about whether an offshore firm is up to no good.
MODERATOR:
John Boaden, Investigator, Bickel & Brewer (USA).
PANELISTS:
- Glen Harloff, Managing Director, Kroll Financial Advisory Services, Latin America & Caribbean (Grenada);
- Robert L. Roach, Counsel & Chief Investigator to the Majority, US Senate Permanent Subcommittee on Investigations (USA); and
- Sven Stumbauer, Director-Forensic, KPMG (USA).
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Jurisdictions 360°
CUBA
With Fidel Castro resigning as President, is Cuba any closer to realizing its long-recognized potential of becoming a thriving offshore financial center to rival regional giants such as Bermuda, Cayman and the Bahamas?
George Harper, Partner, Harper Meyer (USA). |
| 10:30 AM - 11:00 AM |
REFRESHMENT BREAK
SPONSORED BY
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| 11:00 AM - 12:15 PM |
Choose One |
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Compliance 101
HOW TO REDUCE FALSE POSITIVES WHEN SCREENING CLIENTS AGAINST DATA
False positives are the bane of bank compliance officers when running client names through Know Your Customer data. Our panel will show you how to reduce them, thereby saving you valuable time.
Shaun Hassett, National Account Manager, Financial Services, Accuity, Inc. (USA).
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Offshore A - Z
THE USE OF BANKRUPTCY PROCEEDINGS AS AN INTERNATIONAL ASSET RECOVERY TOOL
Many international frauds involve corporate shell entities which are often insolvent. This panel will explore how bankruptcy and insolvency proceedings, often times in multiple jurisdictions simultaneously, can be used to unravel a fraud and locate and freeze the proceeds of fraud.
PANELISTS:
- Martin Kenney, Principal, Martin Kenney & Co. Solicitors (BVI);
- Bernd Klose, Principal, Rechtsanwalt Bernd H. Klose (Germany); and
- Greg Grossman, Founding Shareholder, Astigarraga Davis Mullins & Grossman PA (USA).
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Jurisdictions 360°
THE CAYMAN ISLANDS
Cayman is one of the fastest-growing OFCs, as evidenced by a 125% increase in the number of work permits for expatriates from 1996 to 2006. Already established as a banking and investment fund center, Cayman is now preparing to compete with Bermuda as a commercial reinsurance market. Our panel of experts will answer all of your questions about one of the world's most significant OFCs.
MODERATOR:
Lorna Smith, Director, BVI International Finance Centre (BVI).
PANELISTS:
- Jane Wareham, Associate, Stuarts Walker Hersant (Cayman);
- Peter Broadhurst, Founding Partner, Broadhurst Barristers (Cayman); and
- Kenneth Krys, Managing Director, Krys & Associates (Cayman).
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| 12:15 PM - 1:45 PM |
LUNCH |
| 1:45 PM - 2:45 PM |
Choose One |
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Compliance 101
YOUR KYC WAS FINE BUT YOUR CLIENT ISN'T. WHAT DO YOU DO NOW?
After accepting a client based on no red flags turning up in the due diligence process, you subsequently become concerned about the way the client is conducting their account. Should you report him or her to a regulator or law enforcement? Should you close down his or her account or is it best to monitor it? Should you notify creditors? We show you how to extricate yourself from the problem while minimizing any potential liability to your firm from the client and his or her creditors.
Graeme Smith, Director, BVI Financial Investigation Agency (BVI).
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Offshore A - Z
HOW TO BUST AN OFFSHORE TRUST
Fraudsters, tax evaders and others routinely establish trusts in an attempt to keep their assets out of the reach of victims and creditors. We will show you how to go about penetrating a trust, no matter what jurisdiction it is established in.
Michael R. Scott, Senior Partner, Callenders & Co. (Bahamas).
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Jurisdictions 360°
HOW INVESTIGATIVE JOURNALISTS VIEW OFFSHORE FINANCIAL CENTERS
What is the public perception of OFCs as conveyed by the media when they feature in a story? What is the downside, as seen by the media, when an OFC-domiciled company features in an investigation? Are some OFCs seen as more 'low rent' than others or do journalists view them all the same? Is there a way out or is this an inevitable price to pay for secrecy and low taxes?
- Michael Gillard, Freelance Journalist & Regular Contributor to Private Eye magazine (UK); and
- David Marchant, Publisher, OffshoreAlert (USA).
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| 2:45 PM - 3:45 PM |
Choose One |
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Compliance 101
HOW TO MAINTAIN A MUTUALLY SATISFACTORY CORRESPONDENT BANKING RELATIONSHIP
Faced with significantly greater regulatory scrutiny, ostensibly due to the threat of terrorism, U. S. financial institutions have become very choosy about providing correspondent banking services to their overseas counterparts. Our panel will show you how to quell the concerns of nervous U. S. bankers to ensure no disruption to your financial institution.
MODERATOR:
Ira Morales, Managing Director, Milersen Compliance and Consulting, LLC (USA).
PANELISTS:
- Sven Stumbauer, Director-Forensic, KPMG (USA);
- Michele Fernandez, Chief Compliance Officer, Banco Internacional de Costa Rica (USA); and
- Eduardo D'Angelo P. Silva, Chairman, Cayman Islands Financial Services Association (Cayman).
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Offshore A - Z
THE TRINIDAD PIARCO AIRPORT FRAUD: A CASE STUDY IN INTERNATIONAL ASSET RECOVERY
Grand public corruption appears to be on the rise. This panel will focus on a high-profile, Caribbean-based, public corruption case and how it was decoded. The panel will also discuss the recovery of the proceeds of the fraudulent conduct across national boundaries.
PANELISTS:
- Edward H. Davis, Jr., Founding Shareholder, Astigarraga Davis Mullins & Grossman PA (USA);
- David Mizrachi, Senior Partner, Mizrachi Davarro & Urriola (Panama);
- Dr. Hans Marschdorf, CEO, Exposure Management Limited (Canada); and
- David West, Director, Central Authority, Trinidad & Tobago (Invited).
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Jurisdictions 360°
THE BAHAMAS
The Bahamas has been providing offshore banking and trust services to the international financial community since the 1930s and currently has over 250 banks and trust companies, with most maintaining a physical presence.
MODERATOR:
Burke Files, Principal, Financial Examinations & Evaluations (USA).
PANELISTS:
- Cheryl Bazard, Senior Partner, Cheryl E. Bazard Law Chambers (Bahamas);
- Michael Scott, Senior Partner, Callenders & Co. (Bahamas) and
- Rowena Bethel, Legal Advisor, Bahamas Ministry of Finance (Bahamas).
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| 3:45 PM 4:15 PM |
REFRESHMENT BREAK
SPONSORED BY
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| 4:15 PM - 5:15 PM |
STEPS OFFSHORE FINANCIAL CENTERS MUST TAKE TO THRIVE IN THE MODERN ERA
Onshore and offshore countries are engaged in a continuous game of cat and mouse, one in which the goal-posts are constantly changing. Our panel looks at what OFCs must do to become accepted as team players in the international financial world and the existing and new areas of business that will make this possible.
MODERATOR:
Paul Byles, Managing Director, Focus Corporate Services & Consulting (Cayman Islands).
PANELISTS:
- Rodney Gallagher, Caribbean Government Consultant (Barbados);
- Richard Hay, International Tax Principal, Stikeman Elliott (UK);
- Timothy Ridley, OBE, Chairman, Cayman Islands Monetary Authority & Ex-Senior Partner of Maples and Calder, Cayman's most prestigious law firm (Cayman); and
- Robert L. Roach, Counsel & Chief Investigator to the Majority, U. S. Senate Permanent Subcommittee on Investigations (USA).
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| 5:15 PM - 5:30 PM |
CLOSING REMARKS |
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