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Flags of Convenience
Safe Harbors
John Ferry
05/02/2005


For nearly two decades, the U.S. government has attempted to discourage people from hiding assets offshore, and the Treasury Department requires that offshore asset protection strategies be as transparent as possible. (See “Overseen Overseas,” page 60.) Despite the government’s efforts, there are still ways to place assets beyond the reach of investigators and creditors, while complying with U.S. tax and reporting laws. In general, as long those who shelter their assets report the offshore holdings to the Internal Revenue Service (and to the Treasury, depending on the type of investment) several options remain available.

TOP VIEW
Depositing assets in offshore accounts is legal under U.S. law, offering investors some degree of protection. Overseas bank accounts, trusts, businesses and life insurance products are the most common methods of shielding wealth from U.S. litigants, but investors must be wary of violating strict IRS regulations.
The primary benefit of offshoring derives from jurisdictional immunity. This means, essentially, that courts in other countries do not recognize U.S. legal judgments. Those trying to seize an individual’s offshore assets must re-litigate in the country where their target has his or her money. They must hire a legal team in that country and navigate the entire administrative process of presenting a case from scratch. “By the time they litigate their claim in the other jurisdiction, they will have wasted all the money they might have gotten,” says Robert Bauman, a member of the executive committee and legal counsel for the Sovereign Society, an organization that advises wealthy individuals on investing overseas. “Instead they may say, ‘Why don’t we settle at 10 cents on the dollar?’”

If the cost of an offshore legal fight does not dissuade a creditor or plaintiff, then roadblocks built into the actual legal system of the jurisdiction in which the assets reside may do so. The legal codes of popular offshore asset shelters such as Switzerland or Panama favor asset protectors. For example, the country may simply not recognize a case brought by a foreign person trying to get at assets domiciled there, or it may have a short statute of limitation period. In the Cook Islands, for example, a plaintiff must initiate a claim within one year.

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