Just catching up on SOMO's "first ever OECD compliant on tax avoidance" filed against Chevron (in relation to Dutch holding companies & production cos in Nigeria & Venezuela)https://www.somo.nl/first-ever-oecd-complaint-on-tax-avoidance-filed-against-chevrons-shell-companies/ …
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This is the OECD Guidelines for Multinational Enterprises (not out of
@OECDtax) http://www.oecd.org/corporate/mne/ - wide ranging soft law instrument on responsible business conduct in areas such as on employment, industrial relations, bribery, environment & tax (follow 'spirit & letter')1 reply 0 retweets 0 likesShow this thread -
Complaints about breaches of the Guidelines are mediated by a National Contact Points (NCP) In this case four people appointed by the Dutch Minister for Foreign Trade and Development Cooperationhttps://www.oecdguidelines.nl/ncp/ncp-members
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The complaint is lack of disclosure (dutch Cooperatief structures not filing annual reports), lack of "full disclosure of related-party transactions" (Im not sure that the OECD Guidelines really call for this or all MNCs would be in breach) And breaching spirit of dutch tax lawspic.twitter.com/VqdR8HMRPw
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OECD MNE Guideline watchers will know this isn't the first ever OECD complaint based on Chapter XI on taxation. There has been one before. Mopani, Glencore, Zambia https://www.oecdwatch.org/cases/Case_208 It ended inconclusively. I wonder what the Dutch NCP will make of this one.
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Here is @profchristians on that case where the OECD MNE Guidelines on tax were tested http://www.allisonchristians.com/blog/posts/ngos-using-non-binding-oecd-guidelines-to-launch-complaints-about-tax-avoidance-tjhr … (I don't think there have been any other occasions?)
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