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North American Business in Luxembourg - Luxemburger Wort ...

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Cargolux and Boe<strong>in</strong>g Make Industrial HistoryA Cargo Jumbo Jet for<strong>Luxembourg</strong>by Andreas HolpertIntense negotiations about the proposedAlternative Investment Fund Managers (AIFM)Directive are currently under way to reachconsensus between the EU’s legislative<strong>in</strong>stitutions.16<strong>Luxembourg</strong> as a favored domicile for funds - an opportunityfor US-based managers and offshore fundsLaunch of the AlternativeInvestment Fund Manager DirectiveThe f<strong>in</strong>alization of the Directive is expected to take place<strong>in</strong> the com<strong>in</strong>g weeks and the Directive should come <strong>in</strong>toeffect <strong>in</strong> 2012.The Directive is aimed at establish<strong>in</strong>g a harmonized frameworkfor regulat<strong>in</strong>g alternative <strong>in</strong>vestment funds (AIFs) suchas hedge funds, real estate and private equity funds that arenot registered as Undertak<strong>in</strong>gs for Collective Investment <strong>in</strong>Transferable Securities (UCITS).The Directive has a broad scope and applies to EU and non-EUAIFMs, AIFs, service providers to these funds and their <strong>in</strong>vestors.One of the most controversial areas of the Directive relatesto the third country provision, namely the access of non-EUfunds to the European market. The EU Parliament favors an EUpassport with the ultimate face out of national private placementregimes, whereas the EU Council believes a passport isimpracticable and that private practices should be reta<strong>in</strong>ed<strong>in</strong>def<strong>in</strong>itely.Non-EU AIFMs have to consider whether and under what conditionsthey may be able to access European <strong>in</strong>vestors withoffshore funds <strong>in</strong> the future. For <strong>in</strong>stance, US managers couldseek relocation <strong>in</strong> the EU <strong>in</strong> order to benefit from the EU passportfor the distribution of their funds. At the same time, theymay choose to repatriate their funds from offshore jurisdictionssuch as Cayman Islands and the British Virg<strong>in</strong> Islands toonshore European jurisdictions.by Georges Bock et Bastien Vois<strong>in</strong>*<strong>Luxembourg</strong>, as the world’s second largest <strong>in</strong>vestment fundcenter after the US, is l<strong>in</strong>ed up to be the dest<strong>in</strong>ation of choice<strong>in</strong> Europe for the switch from offshore to onshore vehicles.Additionally, as the market leader <strong>in</strong> Europe for UCITS, <strong>Luxembourg</strong>is ideally placed to accommodate the new trend amongmanagers to offer AIF strategies via UCITS vehicles due to theconcerns over the implications of the AIFM Directive. Amongthe frontrunners to this trend, Apex Fund Services, the <strong>in</strong>dependentand lead<strong>in</strong>g global fund adm<strong>in</strong>istration bus<strong>in</strong>essheadquartered <strong>in</strong> Bermuda, opened an office <strong>in</strong> <strong>Luxembourg</strong> <strong>in</strong>August while New York based and world’s third largest hedgefund, Paulson & Co, is plann<strong>in</strong>g to set up a UCITS fund <strong>in</strong> <strong>Luxembourg</strong>later this year.Accord<strong>in</strong>g to a survey conducted by KPMG earlier this year,half of the managers <strong>in</strong>terviewed confirmed that they arewait<strong>in</strong>g for the f<strong>in</strong>al outcome of the negotiations before def<strong>in</strong>itelycommitt<strong>in</strong>g to the location of their funds and their managementbus<strong>in</strong>esses.On October 4th, the Belgian Presidency of the EU Council publisheda draft compromise of the Directive propos<strong>in</strong>g a dualapproach solution to third country rules <strong>in</strong> an attempt to satisfycompet<strong>in</strong>g EU Parliament and Council proposals.<strong>Luxembourg</strong> has always been opened to the world economyand has cont<strong>in</strong>uously played his role as a gate to Europe fornon-EU players. With its actual regulatory framework forUCITS, specialized <strong>in</strong> INVESTMENT FUNDS (SIF) as well as itsventure capital funds. The countries provide already todaya solid <strong>in</strong>frastructure to operate <strong>in</strong>vestment funds platformsaim<strong>in</strong>g at <strong>in</strong>ternational products distribution. The <strong>Luxembourg</strong>government will do all necessary effort to ensure thatEurope is not end<strong>in</strong>g up <strong>in</strong> a fortress.* Georges Bock, Head of Tax KPMG <strong>Luxembourg</strong>. Bastien Vois<strong>in</strong>, <strong>Luxembourg</strong>Center of Excellence (KPMG New York)BGL BNP PARIBAS S.A. (50, avenue JF Kennedy, L-2951 <strong>Luxembourg</strong>, R.C.S. <strong>Luxembourg</strong> : B 6481) October 2010 Market<strong>in</strong>g CommunicationThe long-term partnership between US aircraft manufacturerBoe<strong>in</strong>g and <strong>Luxembourg</strong> cargo airl<strong>in</strong>e Cargoluxis an excellent example of the close ties between theGrand Duchy and the United States. The partnership certa<strong>in</strong>lygoes far beyond a typical economic relationship. Together, thetwo companies have made <strong>in</strong>dustrial history.Back <strong>in</strong> 1993, the US group delivered the first Boe<strong>in</strong>g 747F. Atthat time, Cargolux was the first official operator of the cargojumbo jet. Orig<strong>in</strong>ally, Air France was supposed to acquire thefirst one.In 2011, history will repeat itself. This time, the <strong>Luxembourg</strong>iancargo airl<strong>in</strong>e is the official ‘launch customer’ for thesuccessor model to the 747F. Next summer – two years earlierthan announced – the first Boe<strong>in</strong>g type 747-8F aircraft isscheduled to land at <strong>Luxembourg</strong>’s F<strong>in</strong>del airport.Yet the partnership with this US aircraft group extends furtherback than 1993. In December of 1977, Cargolux announced itsfirst order for a Boe<strong>in</strong>g 747-200 freighter. The LX-DCV arrived<strong>in</strong> <strong>Luxembourg</strong> on February 1st, 1979 and was christened the‘City of <strong>Luxembourg</strong>’ on February 2nd, 1979 by Mayor ColletteFlesch before the presence of Grand Duke Jean. On February5th, 1979, the aircraft set off on its maiden voyage forCargolux, dest<strong>in</strong>ation Hong Kong. At the time, it was thelargest aircraft ever registered <strong>in</strong> <strong>Luxembourg</strong>, and the firstB747 freighter <strong>in</strong> service <strong>in</strong> a European all-cargo airl<strong>in</strong>e. Upto the present day, Cargolux has operated more than thirty747-200 type aircraft. In anticipation of the delivery ofthe new cargo jumbo jet next year, the fleet will be reducedby one aircraft a month over January, February, and March.<strong>Bus<strong>in</strong>ess</strong> owners& entrepreneursBuild value withBGL BNP ParibasADVICE SUPPORT FINANCING INSURANCEIF YOU’VE GOT PROJECTS IN THE PIPELINE, TALK TO US FIRSTCall now: (+352) 42 42-20 08 or entreprises@bgl.luCargolux started off with one CL-44 that it acquired fromIcelandic airl<strong>in</strong>e, Loftleidir Icelandic. Only 39 of these Canadianaircraft were ever built, four of which were extended by4.5 meters immediately follow<strong>in</strong>g delivery. The extendedversions could transport greater volumes at the same load.Of the 39 models built, Cargolux operated the four extendedmodels and two standard models. Cargolux’s first CL-44 wasregistered <strong>in</strong> Iceland as TF-LLJ.Cargolux fitted out the CL-44s with <strong>in</strong>ternal cargoequipment that was highly advanced at thetime, <strong>in</strong>clud<strong>in</strong>g special equipment for transport<strong>in</strong>gall k<strong>in</strong>ds of animals. In 1973, Cargolux ascended <strong>in</strong>to thejet age with the <strong>in</strong>troduction of its first DC-8 (type DC-8-61).The DC-8-61 was jo<strong>in</strong>ed by a DC-8-55 <strong>in</strong> 1974, soon to be followedby the DC-8-63 aircraft. Whereas the extended versionof the CL-44 had a maximum vehicle payload of 27 metrictons, the DC-8 could now transport loads of up to 47 metrictons.www.bgl.lu

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