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MForstater's profile
Maya Forstater
Maya Forstater
Maya Forstater
@MForstater

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Maya Forstater

@MForstater

Business and sustainable development. Accountability. Tax. Feminist test case. Media: Tom Gardner at Slater & Gordon 0207 657 1690 press@slatergordon.co.uk

https://medium.com/@MForstater
hiyamaya.net
Joined September 2008

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    1. International Centre for Tax and Development‏ @ICTDTax 17 Oct 2018
      • Report Tweet

      For all those at #PAC2018 this debate is important: Should multinational #tax avoidance be included in the definition of illicit financial flows? @SolPicciotto argues "yes" in this blog https://bit.ly/2qJynP7  and @MForstater argues "no" https://bit.ly/2rAaBq3  #IFFs #tax #Africapic.twitter.com/yuJaEvEHZS

      TJNA, Center for Global Development, Global Tax Justice and 5 others
      1. TJNA @TaxJusticeAfric

      2. Center for Global Development @CGDev

      3. Global Tax Justice @GA4TJ

      4. IDS UK @IDS_UK

      5. Jason Rosario Braganza @JasonBraganza1

      6. ALVIN MOSIOMA @alvinmosioma

      7. Nelly Busingye @nb_mugisha

      8. Grace R Namugambe @Groxxie

      3 replies 25 retweets 22 likes
    2. Martin Ronceray‏ @MartinRonceray 17 Oct 2018
      • Report Tweet
      Replying to @ICTDTax @SolPicciotto and

      Very interesting discussion - true enough, different job descriptions beg for different IFF definitions... Let me chip in with this chart, a recap' on implications of definitional choices. Full explanation and pictures here: https://tinyurl.com/ybht8w7j  @ECDPM @Lustarnde #PAC2018pic.twitter.com/KuJTIFWcJk

      2 replies 1 retweet 4 likes
    3. Martin Ronceray‏ @MartinRonceray 18 Oct 2018
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      Replying to @MartinRonceray @ICTDTax and

      Erratum: UNECAS's @IFF_Africa has consistently adopted a *normative* definition and the only paper that justified our including it in the 'legalistic' column is this one, in the trail of the Mbeki report:(https://www.uneca.org/sites/default/files/PublicationFiles/illicit_financial_flows_why_africa_needs.pdf …) New version to be uploaded shortly, same place

      1 reply 0 retweets 1 like
    4. Maya Forstater‏ @MForstater 18 Oct 2018
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      Replying to @MartinRonceray @ICTDTax and

      If only someone would define the norm! If the first definition is funds illegally earned, transferred, or utilised, the second involves funds legally earned, transferred and utilised...

      2 replies 0 retweets 0 likes
    5. Martin Ronceray‏ @MartinRonceray 18 Oct 2018
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      Replying to @MForstater @ICTDTax and

      I think "illegal" requires some characterisation too. Whose law prevails? Who arbitrates? Isnt "soft" intl law / agreements closer to norms? So: pending an unlikely global tax treaty/organisation, isn't definition #1 comparably problematic, on top of missing major flows?

      1 reply 0 retweets 0 likes
    6. Maya Forstater‏ @MForstater 19 Oct 2018
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      Replying to @MartinRonceray @ICTDTax and

      Of course a one sentence definition is not going to capture all of the legal questions, but it says "OR" so its pretty expansive. If a financial flow is connected to illegal activity anywhere along the chain of earning, transfer or use it can be illicit.

      1 reply 0 retweets 1 like
    7. Maya Forstater‏ @MForstater 19 Oct 2018
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      Replying to @MForstater @MartinRonceray and

      The second definition (by definition) captures flows of money that are legally earned, declared to the revenue authority, legally transferred and legally used in every jurisdiction they touch and puts them in the same bucket as illegal stuff. Can you see that is anti-democratic?

      1 reply 0 retweets 0 likes
    8. Martin Ronceray‏ @MartinRonceray 19 Oct 2018
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      Replying to @MForstater @ICTDTax and

      Am no lawyer but...I don't think there's a clear-cut legal/illegal benchmark to use. Take e.g. N. Korea law; law consistently not applied tho in force; contradictory case law; soft law widely disregarded (intl agreement)... Would all these suffice to qualify IFF? @michal_ovadek

      2 replies 0 retweets 0 likes
    9. Martin Ronceray‏ @MartinRonceray 19 Oct 2018
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      Replying to @MartinRonceray @MForstater and

      A definition "is IFF iff there is any form of legal challenge, anywhere anyhow" is not very different from #2. But the opposite stance is also not tenable e.g. "US/EU law prevails, period". How would you suggest clarifying between these extremes?

      2 replies 0 retweets 0 likes
    10. Maya Forstater‏ @MForstater 19 Oct 2018
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      Replying to @MartinRonceray @ICTDTax and

      I think the essence of *illicit* is that the flows are hidden or fraudulently disguised to avoid law enforcement /tax authorities detecting the nature of the flow (or its ownership etc...) & mounting administrative or legal challenge.

      1 reply 0 retweets 0 likes
      Maya Forstater‏ @MForstater 19 Oct 2018
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      Replying to @MForstater @MartinRonceray and

      No one suggests "US/EU law prevails, period". The "normative" definition is so vague its no definition at all i.e. financial flows that are 'immoral'.... raises the Q of whose morality? who judges & how? (and why we would bundle these Qs of morality in with illegal $ laundering?)

      5:04 AM - 19 Oct 2018
      1 reply 0 retweets 0 likes
        1. iain campbell‏ @iaincampbell07 19 Oct 2018
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          Replying to @MForstater @MartinRonceray and

          We have to accept what is deemed illegal/illicit under a country's own rules, eg where there are capital controls most or even all external flows might be banned. But that country cannot insist that their rule is the "norm", or vice versa for a country that allows all flows.

          0 replies 0 retweets 1 like
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