Cayman Islands Financial Services

The Cayman Islands government announced that from November 2010 it will chair the Caribbean Financial Action Task Force (CFATF), the body responsible for ensuring the uptake of Anti-Money Laundering and Countering the Financing of Terrorism standards in the region. This followed jurisdiction’s recognition by the Banker as the top specialized financial centre. Cayman Islands’ Premier and Finance Minister McKeeva Bush stated that these accomplishments speak to the high standards of financial industry of the Cayman Islands and demonstrate the ability to adopt to an ever-changing economic environment.

The transfer of chairmanship of the CFATF will take place at the 32nd Annual CFATF Plenary. The event will be hosted by the Cayman government from November 2 until November 4, 2010.

Cayman Islands’ official chairmanship of the CFATF will increase the jurisdiction’s participation in setting the global standards for anti-money laundering and fighting terrorism financing

The Attorney General Samuel Bulgin welcomed the appointment of the Cayman Islands, saying: “We look forward to enhancing an already solid relationship with CFATF and FATF members. As incoming Chair, the Cayman Islands are tasked with carrying forward the work programme for the organization over the next year and ensuring that members adhere to strict anti-money laundering standards.”

The findings of an investigation into the effects of the global financial crisis on Cayman’s funds industry have been released by the Cayman Islands Monetary Authority (CIMA).

This report is based on statistics from more than 7 000 funds that were regulated in the Cayman Islands from 2008, which is when the crisis started.

Among the funds used for the statistics, most of the key indicators show notably weaker performance in 2008 than was reported in 2007. There was an 18% fall in subscriptions, a 42% increase in redemptions, an almost 3-fold dip in net income, and a 25% decrease in net assets.

According to the data revealed by the CIMA, some shifts could be attributed to the crisis. CIMA stated: “The proportion of funds with assets totalling USD 50 million or less rose to 52% in 2008, up from 43% in 2007. Although the largest proportion of assets continued to be allocated to master funds, the dollar value of assets allocated to that structure decreased by 24%. The instruments that saw the largest falls in asset allocation were: short bonds, which fell by 75%; long equities, which fell by 56%, and long bonds, which fell by 53%.” CIMA noted that “following on from trends seen in both 2007 and 2006, 2 investment strategies, Multi-Strategy (39%) and Long/Short Equity (22%), remained dominant in attracting the majority of assets, garnering USD 1 034 billion of the aggregate net assets.”

The funds industry was severely affected by the crisis, however, just 7% of funds suspended trading in 2008, which is up just marginally on that recorded in 2007 (5%), which the authority explained by the fund industry’s resilience in the jurisdiction.

Cindy Scotland, CIMA’s Managing Director, said that the authority goes on to publish statistical information on the funds industry with a view to improve transparency and extend global awareness of the structure and performance of the industry.

She said: “These are very valuable facts and figures. With the Cayman Islands estimated to have a major portion of the world’s hedge funds domiciled here, the information in the report provides a good gauge of what was happening in the global funds industry at the peak of the financial crisis.”

The performance of 7 325 funds, which is about 82% of regulated funds in Cayman, were aggregated in the report.

An academic report that examined the fiscal challenges facing the Cayman Islands has rejected the recommendation made by the UK government. According to the recommendation, the Cayman Islands should introduce direct taxation in order to solve its financial difficulties.

The report was compiled by Richard Teather, a senior lecturer in taxation. Noting the effects of historically high taxation on the UK economy, the author of the report has urged the Cayman government to retain its low-tax approach and instead target public spending.

In accordance with the report, the introduction of direct taxation without ensuring public sector expenditure is balanced in relation to then jurisdiction’s population of around 50 000 people. The report notes that Cayman has solely relied on indirect taxation throughout its 200-year history.

The report was commissioned by Cayman Finance – formerly The Cayman Islands Financial Services Association (CIFSA).

The key points in the Teather Report are as follows:
- high taxes damage economies;
- the United Kingdom and United States benefited from lower taxes through the Thatcher/Reagan reforms of the 1980s;
- New Zealand and Ireland thrived under low taxes in the 1990s.

The Teather report rules out debt finance as an ongoing solution because, in the long term, this would be highly damaging to the jurisdiction’s reputation as a place to do business. It also highlights that government spending in Cayman is “totally out of line with its peers, having far higher levels of public spending than any other comparable jurisdiction.” According to statistics n the report show, the Cayman Islands has more than double the government spending per head of population than the average level for comparable countries.

The International Monetary Fund (IMF) has observed substantial progress made by the Cayman Islands in the sphere of financial sector regulation. This was stated in IMF’s latest report on the Cayman Islands.

Progress areas identified in the report include changes to legislation, rules and guidance to meet international standards, increases in the Cayman Islands Monetary Authority (CIMA) independence, resources and efficiency, and increased transparency of the funds sector reached by implementing CIMA’s electronic reporting system.

The report provides recommendations for enhancements in 10 areas but it acknowledges that they “are broadly consistent with the priorities already identified by the authorities and in most cases where policy action is already underway.”

The main recommendations of the report are as follows:
- strengthen the legislative structure for the independence of CIMA, beginning with passage of the pending draft amendments to the Monetary Authority Law;
- conduct a formal risk assessment and focus CIMA’s supervisory efforts more directly on the key risks facing the jurisdiction, such as operational and reputation risk;
- formalize and validate the assumptions underlying CIMA’s supervisory approach that relies on the strength of supervision applied elsewhere and the contribution of licensees and other domestic professionals to the oversight of financial intermediaries;
- formulate a robust framework for supervising licensees cross-border and cross-sectorally to help prevent regulatory arbitrage or supervisory gaps;
- draw up contingency plans to handle the failure of important institutions;
- make CIMA’s enforcement powers consistent across all administered legislation and set the monetary penalties high enough to make them effective and dissuasive;
- review the human resource budgeting policy and reassess the process regularly to ensure the continued adequacy and quality of regulatory resources;
- monitor international developments to ensure that the regulatory regime in the jurisdiction incorporates elements of international best practice as it evolves;
- enhance regulatory reporting and disclosure requirements of financial entities;
- implement a risk-based solvency regime for the insurance industry.

It should be noted that the report is based on information that was obtained on March 2-13 during the IMF’s mission to Cayman, as well as on consultations with CIMA. The mission aimed to review developments in the jurisdiction’s supervisory and regulatory framework since the 1st assessment in October 2003. These jurisdictional reviews are part of the Fund’s offshore financial sector assessment program.

Law firm Conyers Dill and Pearman was recently responding to recent changes to the Cayman Islands Monetary Authority (CIMA) Guidance Notes with regard to Prevention and Detection of Money Laundering and Terrorist Financing.

The law firm has suggested that the amendment requires each registered fund to appoint a Compliance Officer by resolution as well as to ensure that the officer’s role is precisely defined.

According to Conyers Dill and Pearman, funds must appoint a Compliance Officer and a Money Laundering Reporting Officer who:
has sufficient skills and experience;
reports directly to the fund’s governing body;
has sufficient seniority and authority;
has regular contact with the governing body;
has sufficient resources;
has unfettered access to all business lines, support departments and information necessary to perform the function.

According to the Guidance Notes, the role of the Compliance Officer is to:
develop and maintain systems and controls (including documented policies and procedures) in line with evolving requirements;
ensure regular audits of the fund’s anti-money laundering and countering the financing of terrorism program;
advise the Operator of the fund of anti-money laundering/ countering the financing of terrorism compliance issues that need to be brought to its attention;
report periodically, as appropriate, on the fund’s systems and controls; and
respond promptly to requests for information by the relevant authorities.

The Cayman Islands Monetary Authority (CIMA) Managing Director, Cindy Scotland, and Joel Jefferson, son of the late statesman, awarded first recipient of the CIMA Thomas Jefferson Memorial Scholarship. The student to get the scholarship was Heidi Bush – an 18-year-old girl from East End.

Cindy Scotland said that the CIMA was pleased to sponsor Ms Bush as she has already proven her strong academic potential.

The Thomas Jefferson Memorial Scholarship was established in November 2007 as part of CIMA’s 10th anniversary celebrations with a view to assist young Caymanians seeking qualifications for a career in the financial industry.

On August 7, 2009, ICFA Magazine published an article entitled “Growing Stronger”
that analysed the challenges that face the hedge fund industry in the Cayman Islands. Generally, fund administrators in the jurisdiction are positive about the future, however, the problematic aspects of hedge fund industry are definitely worth discussion.

The article pointed out that Cayman as a hedge funds jurisdiction is thriving.

Carlyle McLaughlin, chairman of the Cayman Islands Monetary Authority (CIMA), suggests that the jurisdiction is at a crossroads, and it will be able to find a productive niche that will guarantee its future as an international financial centre. However, the Authority expects that there will be many changes that are necessary to reflect tighter onshore deregulation of funds and the necessity of greater overall transparency for the industry. Cindy Scotland, CIMA managing director, believes that every situation and every crisis presents opportunities. She thinks that the Cayman Islands will be able to remain a key player in the global financial market but it will provide new products and services.

It should be noted that the Cayman Islands has a higher concentration of industry experts than any other hedge fund domicile. Also, it has the determination and political will to go ahead of the field. Despite the possible furhther unjustified attacks on the jurisdiction, its private sector and the government are determined to keep the international financial centre not only existent but also thriving in the new global economic environment. Many challenges face the fund administration sector because the hedge fund industry goes through a period of intense and extraordinary change in general.

The article says that “for Cayman fund administrators the landscape was already changing before the events of 2008”. Although maintaining a presence in the jurisdictions, some administrators found it too costly and ime-consuming to keep staff and bring in new workers.

So, the future of the hedge fund industry remains unsettled. But fund administrators in Cayman believe that they will remain a key part of the offering. Despite the fact that many administrators have slimmed down operations and moved the bulk of work to the United States, Canada or other countries, all administrators believe that maintaining a presence in the jurisdiction is essential.

Of course, few would like to predict what awaits the jurisdiction over the next 12 months, but, nevertheless, all administrators are confident that, whatever obstacles onshore governments and regulators may throw at the Cayman Islands, it will survive as a hedge fund jurisdiction of prominence.

The Maritime Authority of the Cayman Islands (MACI), the parent organization of the Cayman Islands Shipping Registry, hosted the Annual Caribbean Memorandum of Understanding (CMOU) Port State Control Seminar for port state control officers.
The seminar had the purpose to promote better consistency throughout the region, and develop the port state control activities within the CMOU. It was attended by delegates from Antigua and Barbuda, the Bahamas, Barbados, Grenada, Guyana, Jamaica, the Netherlands Antilles, Suriname, and the U.S. The delegates from the Maritime Authority of CI included Mr. Duncan Currie, Senior Surveyor; Saagar Kadiyala, Surveyor Trainee; Vassel Johnson III, Surveyor Intern, and Krista Dixon, Maritime Officer, Survey Administration. The Inaugural Seminar’s Chairman was Peter Southgate, MACI Deputy Divisional Director, Global Safety and Compliance.
The seminar was organized as an interactive event, contributed from high profile international speakers from Finnish Maritime Administration, the American Bureau of Shipping, Lloyd’s Register – North America.
Among the topic discussed there was an update on activities by the CMOU Secretariat; the Paris Memorandum of Understanding (PMOU); MARPOL (International Convention on the Prevention of Pollution from Ships); Port State Control (PSC) Measures, Prevention, and Deficiencies; Oil Tanker related issues; the AFS (Anti-Fouling Systems) Convention; a Statutory Update with respect to PSC enforcement; the BWM (Ballast Water Management) Convention, and a workshop on Lifeboat Safety.
Port State Control is conducted by maritime authorities in order to ensure that the condition, equipment and operation of foreign ships that call into national ports comply with requirements of international regulations.

The Cayman Islands Monetary Authority (CIMA) has become the 189th member of the International Organization of Securities Commissions (IOSCO). IOSCO is the global standard setting body for the regulation of securities markets that aims to encompass cooperation and information exchange, standard setting and surveillance, and mutual assistance.

On June 10, 2009, during the meeting of the Presidents’ Committee at IOSCO’s 34th Annual Conference in Tel Aviv, Israel, the Authority was formally admitted as an ordinary member.

Now, CIMA officially becomes a party to the IOSCO Multilateral Memorandum of Understanding Concerning Consultation, Cooperation and the Exchange of Information. The Multilateral Memorandum of Understanding was signed by CIMA on March 24, 2009, and it is the benchmark for international cooperation among securities regulators.

CIMA’s Managing Director, Cindy Scotland, told the IOSCO President’s Committee that the formal admission of CIMA into IOSCO marked the culmination of a period of mutual engagement, dialogue and action by our two bodies. Accoding to her, it is “a testament to the good faith of both sides in seeing the process through, and is an example of what can be accomplished when international standard setters engage jurisdictions as equal partners with a common objective”.

She added that the move “represents a strong validation by IOSCO of our ability and our willingness to engage other regulators to facilitate cross-border information exchange and assistance.”

CIMA’s Deputy Managing Director – General Counsel, Langston Sibblies, explained that IOSCO membership has significant commercial benefits for the jurisdiction. He said, “Some countries either do not allow investment vehicles from non-IOSCO member countries to be sold in their jurisdictions or will require greatly enhanced due diligence which makes it more difficult to do business with those jurisdictions. IOSCO membership will remove these impediments and open up these markets for Cayman-domiciled securities providers. This is a development our private sector has looked forward to for a long time. It will be welcomed by the private sector.”

The Maritime Authority of the Cayman Islands (MACI), parent organization of the Cayman Islands Shipping Registry (CISR), has recently received news that the CISR has maintained its prestigious “white-listed” status on the Paris Memorandum of Understanding on Port State Control.

In accordance with the MACI’s CEO, Mr A. Joel Walton, Paris is one of the most significant Memorandums of Understanding all over the world, and being on its “White List” means a global recognition to the high standing of the Cayman Islands Shipping Registry.

The Paris Memorandum of Understanding consists of 27 participants – maritime Administrations, including Maritime Authorities of Canada, Russian Federation, Norway, Sweden, Denmark, Finland, Poland, Portugal, Croatia, Cyprus,, Belgium, Bulgaria, Estonia,, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania, Malta, Netherlands, Romania, Slovenia, Spain, and the United Kingdom. It covers the waters of the European coastal States and the North Atlantic basin from North America to Europe.