Dear readers in China,
This could be the last time that you can read my blog. I
noticed that some of you did indeed read this blog. There is a chance that
after publishing this article, this account will remain closed for you. If it will
be the last time indeed that you read this blog, I thank you in advance for
doing so.
Yesterday, I learned from the International Consortium of
Investigative Journalists (ICIJ) that many relatives of (former) Chinese
leaders and Chinese ‘Noblemen’ are offshoring massive amounts of money to offshore
companies on the British Virgin Islands (BVI) and Samoa.
I don’t know if this money is honorably earned, or stolen
from their countrymen. And I don’t know if the Chinese leaders themselves are
involved in it, but I guess they are.
However, one thought is haunting me: I always thought that communism/socialism
meant sharing the pleasures AND the burdens together of living in a communist country.
And that people would not try to get rich at the expense of others. And that
people would be fair and square to each other.
And although I’m much more social-democrat than socialist,
for me this basically didn’t sound like a bad idea. Maybe I’m a romantic fool,
albeit a disappointed one. I already didn’t have many illusions about China or the
Chinese leadership. Just like I didn’t have many illusions about the former
Russian communist leaders.
The most important thing for the Chinese communist party and
its leaders is protecting the communist party and its leaders… at all costs.
The Chinese communist party is like the dragon that destroys
every man or woman it doesn’t like, in case of someone standing in its way. And
its leaders are like the animals in George Orwell’s famous book Animal Farm: “some
animals are more equal than other animals”.
I was born in a family where fairness, honesty and honour were
important things. And although I didn’t live like a saint and made my share of
mistakes, I can look most people in my life straight in the eye. I didn’t make me
rich, but richness is not something that I pursue per sé.
This is the reason that I print a substantial part of this
important report by the ICIJ, however, under the constraint that I can’t prove whether
the contents of it are correct.
However, I have reasons to believe that the contents are
indeed correct.
If you want to receive the integral version of it, please
mail me or tweet me. You know where to find me…
By Marina Walker
Guevara, Gerard Ryle, Alexa Olesen, Mar Cabra, Michael Hudson and Christoph
Giesen January 21, 2014, 4:00 pm
Files shed light on
nearly 22,000 tax haven clients from Hong Kong and mainland China.
Note: A Chinese
version of this story is available here
Close relatives of
China’s top leaders have held secretive offshore companies in tax havens that
helped shroud the Communist elite’s wealth, a leaked cache of documents
reveals.
The confidential files
include details of a real estate company co-owned by current President Xi
Jinping’s brother-in-law and British Virgin Islands companies set up by former
Premier Wen Jiabao’s son and also by his son-in-law.
Nearly 22,000 offshore
clients with addresses in mainland China and Hong Kong appear in the files
obtained by the International Consortium of Investigative Journalists. Among them are some of China’s most powerful
men and women — including at least 15 of China’s richest, members of the
National People’s Congress and executives from state-owned companies entangled
in corruption scandals.
PricewaterhouseCoopers,
UBS and other Western banks and accounting firms play a key role as middlemen
in helping Chinese clients set up trusts and companies in the British Virgin
Islands, Samoa and other offshore centers usually associated with hidden
wealth, the records show. For instance, Swiss financial giant Credit Suisse
helped Wen Jiabao’s son create his BVI company while his father was leading the
country.
The files come from
two offshore firms — Singapore-based Portcullis TrustNet and BVI-based
Commonwealth Trust Limited — that help clients create offshore companies,
trusts and bank accounts. They are part of a cache of 2.5 million leaked files
that ICIJ has sifted through with help from more than 50 reporting partners in
Europe, North America, Asia and other regions.
Since last April,
ICIJ’s stories have triggered official inquiries, high-profile resignations and
policy changes around the world.
Until now, the details
on China and Hong Kong had not been disclosed.
The data illustrates
the outsized dependency of the world’s second largest economy on tiny islands
thousands of miles away. As the country
has moved from an insular communist system to a socialist/capitalist hybrid,
China has become a leading market for offshore havens that peddle secrecy, tax
shelters and streamlined international deal making.
Every corner of
China’s economy, from oil to green energy and from mining to arms trading,
appears in the ICIJ data.
Xi Jinping and Wen Jiabao: relatives appear in ICIJ's data.
Chinese officials
aren’t required to disclose their assets publicly and until now citizens have
remained largely in the dark about the parallel economy that can allow the
powerful and well-connected to avoid taxes and keep their dealings secret. By
some estimates, between $1 trillion and $4 trillion in untraced assets have
left the country since 2000.
The growing onshore
and offshore wealth of China’s elites “may not be strictly illegal,” but it is
often tied to “conflict of interest and covert use of government power,” said
Minxin Pei, a political scientist at Claremont McKenna College in California.
“If there is real transparency, then the Chinese people will have a much better
idea of how corrupt the system is [and] how much wealth has been amassed by
government officials through illegal means.”
Top-level corruption
is a politically sensitive issue in China as the country's economy cools and
its wealth gap continues to widen. The
country’s leadership has cracked down on journalists who have exposed the
hidden wealth of top officials and their families as well as citizens who have
demanded that government officials disclose their personal assets.
In November, a
mainland Chinese news organization that was working with ICIJ to analyze the
offshore data withdrew from the reporting partnership, explaining that
authorities had warned it not to publish anything about the material.
Princelings go offshore
China's Politburo
Standing Committee is the all-powerful group of seven (formerly nine) men who
run the Communist Party and the country. The records obtained by ICIJ show that
relatives of at least five current or former members of this small circle have
incorporated companies in the Cook Islands or British Virgin Islands.
China’s “red nobility”
— elites tied by blood or marriage to the current leadership or Party elders —
are also popularly known as “princelings.” Ordinary Chinese have grown
increasingly angry over their vast wealth and what many see as the hypocrisy of
officials who tout “people-first” ideals but look the other way while their
families peddle power and influence for personal gain.
The leaked offshore
records include details of a BVI company 50 percent owned by President Xi’s
brother-in-law Deng Jiagui. The husband of Xi’s older sister, Deng is a
multimillionaire real estate developer and an investor in metals used in cell
phones and other electronics. The records show the other half of Excellence
Effort Property Development was owned by yet another BVI company belonging to
Li Wa and Li Xiaoping, property tycoons who made news in July by winning a $2
billion bid to purchase commercial real estate in Shenzhen.
Since taking over as
the Communist Party’s top official in 2012, Xi has sought to burnish his image
with an aggressive anti-graft campaign, promising to go after official
corruption involving both low-level “flies” and high-level “tigers.” Yet he has
crushed a grassroots movement that called for government officials to publicly
declare their assets. Wen Jiabao, who stepped down as premier in 2013 after a
decade-long tenure, also styled himself as a reformer, cultivating an image of
grandfatherly concern for China’s poor.
The ICIJ offshore
files reveal that Wen’s son Wen Yunsong set up a BVI-registered company, Trend
Gold Consultants, with help from the Hong Kong office of Credit Suisse in 2006.
Wen Yunsong was the lone director and shareholder of the firm, which appears to
have been dissolved in 2008.
Bare-bones company
structures are often created to open bank accounts in the offshore firm’s name,
helping obscure the relationship to the real account owner. It isn’t
immediately clear from the documents what Trend Gold Consultants was used for.
A U.S.-educated venture capitalist, Wen Yunsong co-founded a China-focused
private equity firm and in 2012 became chairman of China’s Satellite
Communications Co., a state-owned firm that aspires to be Asia’s largest
satellite operator.
The ICIJ files also
shed light on the BVI’s previously unreported role in a burgeoning scandal
involving Wen Jiabao’s daughter, Wen Ruchun, also known as Lily Chang. The New
York Times has reported that JPMorgan Chase & Co. paid a firm that she ran,
Fullmark Consultants, $1.8 million in consulting fees. U.S. securities
regulators are investigating the relationship as part of a probe into the
bank’s alleged use of princelings to increase its influence in China.
Fullmark Consultants
appears to have been set up in a manner that obscured Wen Ruchun’s relationship
to the firm, the ICIJ files indicate. Her name does not show up in any of the
incorporation documents in the ICIJ data, though a 'Lily Chang' is CC’d in one
August, 2009 email correspondence about the company. Her husband Liu Chunhang,
a former Morgan Stanley finance guru, created Fullmark Consultants in the BVI
in 2004 and was the sole director and shareholder of the firm until 2006, the
same year he took a government job at the agency that regulates China’s banking
industry.
Liu transferred
control of the company, the ICIJ files show, to a Wen family friend, Zhang
Yuhong, a wealthy businesswoman and colleague of Wen Jiabao’s brother. The
Times reported that Zhang also helped control other Wen family assets including
diamond and jewelry ventures.
The ICIJ files show
that offshore provider Portcullis TrustNet billed UBS AG for a certificate of
good standing for Fullmark Consultants in October 2005, indicating a business
relationship between Fullmark and the Swiss bank. In response to ICIJ’s
questions, UBS issued a statement saying its “know-your-client” policies as
well as procedures to deal with politically-sensitive clients are among “the
strictest in the industry.” Liu and Zhang did not respond to ICIJ's requests
for comment.
A 2007 U.S. Department
of State cable passed along a source’s tip that Premier Wen was “disgusted with
his family’s activities,” and that “Wen’s wife and children all have a
reputation as people who can ‘get things done’ for the right price.” The cable,
part of the Wikileaks document dump, reported that Wen’s kin “did not
necessarily take bribes, [but] they are amenable to receiving exorbitant
‘consulting fees.’ ”
The records also
include incorporations by relatives of Deng Xiaoping, former Premier Li Peng,
and former President Hu Jintao.
China experts say that
the growing wealth and business interests of the princelings, including
offshore holdings, are a dangerous liability for the ruling Communist Party but
that people in leadership positions are too involved to stop it.
Profits and corruption
Things have changed
dramatically for China since it first dipped its toe into the offshore world.
The country is wealthier and offshore centers serve increasingly as channels
not only for capital that “round-trips” out of the country and back again, but
also for overseas investment and accessing markets for metals, minerals and
other resources.
Defenders of China’s
offshore push say the offshore system has helped boost the country’s economy.
“I think we should face the reality,
which is that Chinese capital is flowing out. I think it’s actually a
beneficial thing,” said Mei Xinyu, a researcher at China’s Commerce Ministry.
“Of course I support the idea that a company should incorporate in its host
country. But if the host country can't provide the right environment, then
incorporating the company in an offshore center is actually a practical
choice.”
With markets in China
often hamstrung by red tape and government intervention, incorporating offshore
can smooth the way to do business, said William Vlcek, author of Offshore
Finance and Small States: Sovereignty, Size and Money.
There’s also evidence,
though, that many Chinese companies and individuals have used offshore entities
to engage in illicit or illegal behavior.
In September Zhang
Shuguang, a former high-level Chinese railway executive, pleaded guilty to
criminal charges in the wake of allegations that he’d funneled $2.8 billion
into offshore accounts. An internal government report released by the Bank of
China revealed that public officials — including executives at state-owned
companies — had embezzled more than $120 billion out of China since the mid-1980s,
some of it funneled through the BVI.
Portcullis TrustNet
helped state-run shipping giant Cosco incorporate a BVI company in 2000. Among
the numerous directors of Cosco Information Technology Limited were current
Cosco Group chairman Ma Zehua and Song Jun, an executive who would stand trial
in 2011 for embezzlement and bribery. After Cosco sent Song to help oversee a
Qingdao subsidiary in 2001, he set up a fake BVI joint venture partner and used
it to siphon millions from the building of Qingdao’s gleaming Cosco Plaza,
prosecutors said. State news service Xinhua said he embezzled $6 million, took
$1 million in bribes from a Taiwanese business partner and purchased 37
apartments in Beijing, Tianjin and Qingdao with his ill-gotten earnings. His
trial was adjourned but no verdict was publicly announced.
China’s
corruption-plagued oil industry — which recently has been the target of
criminal investigations that have led to the suspension of key oil executives —
is a big player in the offshore world. China’s three big state-owned oil
companies, which are counted among the largest companies in the world, are
linked to dozens of BVI firms that show up in the ICIJ data.
Former PetroChina
executive Li Hualin, who was dismissed in August after coming under
investigation for alleged “serious violations of discipline”, often a party
shorthand for corruption, was the director of two BVI companies, the ICIJ files
reveal.
While some of these
offshore firms are disclosed in corporate filings, several others linked to
individual executives — including Zhang Bowen of PetroChina’s natural gas
distribution arm Kunlun Energy and Yang Hua of China National Offshore Oil
Corporation — appear to operate in the dark, and their purpose is not clear.
PetroChina and CNOOC did not respond to ICIJ’s repeated requests for comment.
Other scandal-tainted
Chinese who have used the BVI to do business include Huang Guangyu, once
China’s richest man. The ICIJ records show that he and his wife Du Juan set up
a maze of at least 31 BVI companies between 2001 and 2008 as they built the
largest consumer electronics retail chain in China.
The husband, Huang,
was sentenced to 14 years in prison in 2010 after Chinese courts convicted him
of insider trading, bribery and stock price manipulation. Du Juan was convicted
of related charges but was released from prison in 2010 after serving a brief
time.
While Huang is in
prison and many of his assets are frozen, his business empire survives through
his offshore network of companies. In 2011, one of his BVI firms, Eagle Vantage
Assets Management, made a bid for a retired British aircraft carrier that Huang
wanted to turn into a luxury shopping mall (the Brits in the end decided to
scrap the ship).
He still owns more
than 30 percent of Gome, his electronics retailer, via two companies in the
BVI, Shining Crown Holdings and Shine Group.
Offshore’s future
As concerns grow about
the wealth of corporate oligarchs, government officials and their
families, some Chinese
have braved the government’s anger by raising questions about corruption.
A grassroots group,
the New Citizens Movement, uses the Internet and small demonstrations to press
for greater transparency. “How can you fight corruption if you don’t even dare
to disclose your personal assets?” the group’s founder, legal advocate and
activist Xu Zhiyong, wrote last spring.
After years of
inaction, the U.S., the U.K. and international organizations have begun pushing
reforms that, they say, would reduce offshore abuses. China has been less
aggressive in pressing for changes in the offshore system.
Big loopholes in tax
laws have allowed Chinese individuals to operate with relative freedom
offshore. They weren’t required to report their foreign holdings.
A 2013
industry-sponsored poll of 200-plus bankers and other offshore professionals
found that “China-related demand” is the key driver in the offshore market’s
growth. The chief of a BVI offshore services firm said in the survey: “China is
the most important location for client origination for business in the next
five years.”