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Although the Bahamas was one of the first offshore jurisdictions
to offer trust services, its growth as a significant offshore
financial centre has been relatively recent, with most of the
key legislative initiatives dating from the last twenty years.
The Bahamas' 1989 International Business Company legislation was
updated in 1994 and has been very successful, although not on
the same scale as the British Virgin Islands. There is a substantial
banking sector, second only to the Cayman Islands among offshore
jurisdictions. The Government has particularly targeted mutual
funds and trust business, and in 1999 set legislation in place
covering stock and securities exchanges; a stock exchange was
opened in 2000.
The captive insurance sector is small, although it is hoped that
recent legislative improvements will reanimate it.
The Bahamian Government has paid great attention to financial
regulation, and especially in response to attacks from the OECD
and FATF in 2000 has created a world-standard regulatory structure
to avoid money-laundering and other criminal activity. The islands
also offer a shipping registry.
Following the increased international attention paid to illicit
uses of offshore bank accounts, the emphasis in the Bahamas is
now shifting to investment management, which generates significant
fees for private banks. The new model of private banking includes
a variety of structured banking products, which facilitates access
to investment products hitherto unavailable to the majority of
private banking clients, says the Bahamas Financial Services Board
In October, 2005, it was announced that the Bahamas had been
removed from the Financial Action Task Force’s monitoring
list of countries with weak anti-money laundering or terrorist
financing laws.
Attorney General, Alfred Sears said that the process of complying
with FATF demands had been lengthy and costly, but had led to
mainly positive changes for the islands' financial industry.
Minister Sears said the years of working to remove the Bahamas
from the FATF’s list has led to the build up of a remarkable
level of expertise, and that the Bahamas' Director of Public Prosecutions
has been recognized by the FATF as “a specialist”,
assisting with the evaluation of other countries.
Speaking from New York City, Dr Gilbert NMO Morris, who has been
a long-time commentator on the Bahamas' financial regulatory systems,
suggested that there was nothing significant in the FATF’s
decision to cease its monitoring of the Bahamas. He said: “I
would have found it more interesting if The Bahamas - given its
long history in this industry – had ceased its monitoring
of the FATF”.
In January, 2006, the Bahamas was rated as the top international
financial centre in the western hemisphere by the banking industry
magazine, The Banker. The magazine said that it awarded the accolade
to The Bahamas on the basis of its attractive location, favourable
tax environment, political stability, legal structure and regulatory
framework.
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