The EU list of non-cooperative jurisdictions for tax purposes — Report by the Code of Conduct Group (Business Taxation) suggesting amendments to the Annexes of the Council conclusions of 12 March 2019, including the de-listing of two jurisdictions, and the endorsement of a guidance note2019/C 351/06
Date: 2019-10-17
Institutions: Council of the European Union
Subjects: administrative cooperation, business tax, code of conduct, exchange of information, international cooperation, international tax law, tax avoidance, tax evasion, third country








C_2019351EN.01000701.xml










17.10.2019   


EN


Official Journal of the European Union


C 351/7






The EU list of non-cooperative jurisdictions for tax purposes — Report by the Code of Conduct Group (Business Taxation) suggesting amendments to the Annexes of the Council conclusions of 12 March 2019, including the de-listing of two jurisdictions, and the endorsement of a guidance note
(2019/C 351/06)
With effect from the day of publication in the Official Journal of the European Union, Annexes I and II of the Council conclusions of 12 March 2019 on the revised EU list of non-cooperative jurisdictions for tax purposes (1), as amended on 22 May 2019 (2) and 21 June 2019 (3), are replaced by the following new Annexes I and II:



‘ANNEX I

The EU list of non-cooperative jurisdictions for tax purposes

1.   American Samoa

American Samoa does not apply any automatic exchange of financial information, has not signed and ratified, including through the jurisdiction they are dependent on, the OECD Multilateral Convention on Mutual Administrative Assistance as amended, did not commit to apply the BEPS minimum standards and did not commit to addressing these issues.
2.   Belize

Belize has not yet amended or abolished one harmful preferential tax regime.
Belize's commitment to amend or abolish its newly identified harmful preferential tax regime by the end of 2019 will be monitored.
3.   Fiji

Fiji has not yet amended or abolished its harmful preferential tax regimes.
Fiji's commitment to comply with criteria 1.2, 1.3 and 3.1 by the end of 2019 will continue to be monitored.
4.   Guam

Guam does not apply any automatic exchange of financial information, has not signed and ratified, including through the jurisdiction they are dependent on, the OECD Multilateral Convention on Mutual Administrative Assistance as amended, did not commit to apply the BEPS minimum standards and did not commit to addressing these issues.
5.   Oman

Oman does not apply any automatic exchange of financial information, has not signed and ratified the OECD Multilateral Convention on Mutual Administrative Assistance as amended, and has not yet resolved these issues.
6.   Samoa

Samoa has a harmful preferential tax regime and did not commit to addressing this issue.
Furthermore, Samoa committed to comply with criterion 3.1 by the end of 2018 but has not resolved this issue.
7.   Trinidad and Tobago

Trinidad and Tobago has a “Non-Compliant” rating by the Global Forum on Transparency and Exchange of Information for Tax Purposes for Exchange of Information on Request.
Trinidad and Tobago's commitment to comply with criteria 1.1, 1.2, 1.3 and 2.1 by the end of 2019 will be monitored.
8.   US Virgin Islands

US Virgin Islands does not apply any automatic exchange of financial information, has not signed and ratified, including through the jurisdiction they are dependent on, the OECD Multilateral Convention on Mutual Administrative Assistance as amended, has harmful preferential tax regimes, did not commit to apply the BEPS minimum standards and did not commit to addressing these issues.
9.   Vanuatu

Vanuatu facilitates offshore structures and arrangements aimed at attracting profits without real economic substance and has not yet resolved this issue.




ANNEX II

State of play of the cooperation with the EU with respect to commitments taken to implement tax good governance principles

1.   Transparency

1.1.   Commitment to implement the automatic exchange of information, either by signing the Multilateral Competent Authority Agreement or through bilateral agreements

The following jurisdictions are committed to implement automatic exchange of information by end 2019:






Palau and Turkey





1.2.   Membership of the Global Forum on transparency and exchange of information for tax purposes ("Global Forum") and satisfactory rating in relation to exchange of information on request

The following jurisdictions, which committed to have a sufficient rating by end 2018, are waiting for a supplementary review by the Global Forum:






Anguilla, Marshall Islands and Curaçao.





The following jurisdictions are committed to become member of the Global Forum and/or have a sufficient rating by end 2019:






Jordan, Palau, Turkey and Vietnam.





1.3.   Signatory and ratification of the OECD Multilateral Convention on Mutual Administrative Assistance (MAC) or network of agreements covering all EU Member States

The following jurisdictions are committed to sign and ratify the MAC or to have in place a network of agreements covering all EU Member States by end 2019:






Armenia, Bosnia and Herzegovina, Botswana, Cabo Verde, Eswatini, Jordan, Maldives, Mongolia, Montenegro, Namibia, Republic of North Macedonia, Palau, Thailand and Vietnam.





2.   Fair Taxation

2.1.   Existence of harmful tax regimes

The following jurisdiction, which committed to amend or abolish its harmful tax regimes covering manufacturing activities and similar non-highly mobile activities by end 2018 and demonstrated tangible progress in initiating these reforms in 2018, was granted until end 2019 to adapt its legislation:






Morocco.





The following jurisdictions, which committed to amend or abolish their harmful tax regimes by end 2018 but were prevented from doing so due to genuine institutional or constitutional issues despite tangible progress in 2018, were granted until end 2019 to adapt their legislation:






Cook Islands
and Maldives.





The following jurisdictions are committed to amend or abolish harmful tax regimes by end 2019:






Antigua and Barbuda, Australia, Curaçao, Morocco, Namibia, Saint Kitts and Nevis, Saint Lucia and Seychelles.





The following jurisdiction is committed to amend or abolish a harmful tax regime by end 2020:






Jordan.





2.2.   Existence of tax regimes that facilitate offshore structures which attract profits without real economic activity

The following jurisdictions, which committed to addressing the concerns relating to economic substance in the area of collective investment funds, have engaged in a positive dialogue with the Group and have remained cooperative, were granted until end 2019 to adapt their legislation:






Bahamas, Bermuda, British Virgin Islands and Cayman Islands.





The following jurisdiction is committed to addressing the concerns related to economic substance by end 2019:






Barbados.





3.   Anti-BEPS Measures

3.1.   Membership of the Inclusive Framework on BEPS or commitment to implementation of OECD anti-BEPS minimum standards

The following jurisdictions are committed to become member of the Inclusive Framework on BEPS or implement OECD anti-BEPS minimum standards by end 2019:






Jordan and Montenegro.





The following jurisdictions are committed to become member of the Inclusive Framework on BEPS or implement OECD anti-BEPS minimum standards if and when such commitment will become relevant:






Nauru, Niue and Palau.






’


(1)  OJ C 114, 26.3.2019, p. 2.

(2)  OJ C 176, 22.5.2019, p. 2.

(3)  OJ C 210, 21.6.2019, p. 8.