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¿Qué significado tiene el informe Panama Papers para América Latina y el Caribe?

Creative Commons – Chris Potter StockMonkeys.com

Creative Commons – Chris Potter StockMonkeys.com

Tal como se he señalado en un blog anterior, losPanama Papers han tenido repercusiones de gran alcance en todo el mundo. En el caso de América Latina y el Caribe, la publicación de esos documentos impacta a dos tendencias principales.

Por un lado, los países de América Latina y el Caribe vienen fortaleciendo sus defensas contra el lavado de dinero durante los últimos años. Gracias a los esfuerzos realizados y al seguimiento de las mejoras de las leyes y las reglamentaciones relevantes,Ecuador, Nicaragua, Paraguay y Panamá lograron salir de la “lista gris” del Grupo de Acción Financiera Internacional (GAFI), el organismo contra el lavado de dinero más importante del mundo. El BID ha brindado soporte técnico en varios de estos esfuerzos.

Por otro lado, muchos bancos importantes, en un esfuerzo por evitar lo que perciben como riesgos excesivos a causa del lavado de dinero, se están retirando de los países pequeños de la región. Este fenómeno, conocido como de-risking, tiene repercusiones económicas graves en los países de América Latina y el Caribe. Por ejemplo, enviar y recibir remesas y financiar el comercio internacional puede resultar más difícil para las personas y las empresas locales.

Entonces, ¿qué se puede hacer?

Lamentablemente, no hay ninguna respuesta sencilla.

Como se indicó en el blog anterior, los casos que surgen del informe Panama Papers se relacionan mayormente con la evasión y la elusión fiscal. Por lo tanto, las soluciones implican mejorar la transparencia de los sistemas impositivos y el intercambio de información entre los países, una tarea de la cual se está ocupando la OCDE. Sin embargo, la evasión fiscal también es un delito predicado para el lavado de dinero, y aquí es donde entra en juego el Grupo de Acción Financiera Internacional, principal encargado de establecer estándares para la lucha contra el lavado de dinero.

En base a esta distinción, desarrollamos tres ideas.

  • OBSERVAR LA EFICACIA: El GAFI recientemente ha empezado a investigar los marcos de lucha contra el lavado de dinero de los países según su eficacia (p. ej., la cantidad de sanciones impuestas) y no solo el cumplimiento legal y técnico, como se hizo en el pasado. Muchos países de la región deben ser evaluados en 2017. Esto será una oportunidad para que puedan demostrar que realmente tienen la intención de combatir el lavado de dinero.
  • ESTABLECER LOS REGISTROS DE PROPIETARIOS BENEFICIARIOS: La transparencia de los propietarios beneficiarios (la persona que efectivamente controla las empresas fantasmas) es al menos parte de la solución. Según lo analizado en este blog, algunos países, como Noruega y el Reino Unido, están tomando una dirección mediante la cual se establecen registros de información de propietarios beneficiarios que podría recorrer un largo camino hacia la eliminación de la clandestinidad. Los países de América Latina y el Caribe deberían ser entre los primeros en adoptarlos.
  • MÁS TRANSPARENCIA IMPOSITIVA: El intercambio y la transparencia de la información impositiva son elementos clave del rompecabezas. El Foro Global sobre Transparencia e Intercambio de Información Tributaria de la OECD, que cuenta con 132 miembros, es el sitio más importante donde los países pueden compartir información y evitar la evasión y la elusión fiscal. Los países de la región deberían esforzarse para implementar por completo los estándares relevantes que muchos se han comprometido a adoptar en el Foro.

Por último, es poco probable que las medidas que los países tomen de forma aislada tengan un impacto significativo sobre un fenómeno que es global. Tomemos el caso del régimen impositivo. Las jurisdicciones compiten entre ellas con su régimen impositivo, lo cual constituye gran parte del problema (como se explica claramente en este excelente informe), y el cambio tiene que ser el resultado de un esfuerzo colectivo.

En otras palabras, para que exista un impacto, es indispensable que la acción entre los diferentes países sea conjunta y coordinada. Con suerte, el informe Panama Papers ocasionará la conmoción necesaria para que se genere esta clase de respuesta coordinada.

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