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Europe's role in upholding an unjust tax system<br />
Box 5<br />
Country by country reporting by big banks<br />
Public country by country reporting for financial<br />
institutions was adopted in <strong>the</strong> EU in 2013 161 and <strong>the</strong><br />
first data has now been published by EU headquartered<br />
banks. As <strong>the</strong> EU is currently discussing <strong>the</strong> extension <strong>of</strong><br />
this reporting requirement to cover all big multinationals,<br />
it is worth looking at what <strong>the</strong> legislation has meant for<br />
<strong>the</strong> financial sector.<br />
First, <strong>the</strong>re has been no sign <strong>of</strong> negative side effects<br />
to banks as a result <strong>of</strong> more public disclosure. In fact,<br />
at a hearing in <strong>the</strong> European Parliament in November<br />
2015, HSBC and Barclays stated <strong>the</strong>ir support for public<br />
country by country reporting. 162 Research carried out by<br />
Transparency International also concludes that <strong>the</strong>re is<br />
no link between public disclosure <strong>of</strong> country by country<br />
information and a company’s competitiveness. 163<br />
Second, and in more practical terms, a lesson can<br />
be learnt regarding how public CBCR should be done.<br />
According to a study by PwC, both Member States<br />
and banks have interpreted <strong>the</strong> text <strong>of</strong> <strong>the</strong> directive in<br />
different ways, which means <strong>the</strong>re is a large difference<br />
in <strong>the</strong> format and content <strong>of</strong> <strong>the</strong> reports. 164 For country<br />
by country information to be fit for purpose and easily<br />
comparable with o<strong>the</strong>r data sets, Member States<br />
should receive enough guidance to ensure coherent<br />
implementation. The reports should also be published<br />
in machine readable open data format, preferably in a<br />
centralised register.<br />
Third, despite <strong>the</strong>se shortcomings, it is already clear that<br />
<strong>the</strong> reporting has been useful in enabling civil society<br />
to ask more informed questions about <strong>the</strong> economic<br />
activities <strong>of</strong> banks. For example, a report published<br />
by French CSOs on <strong>the</strong> biggest French banks shows a<br />
significant discrepancy between business activities and<br />
<strong>the</strong> banks’ reported pr<strong>of</strong>its in different countries. 165 The<br />
five banks investigated disclosed having 16 subsidiaries in<br />
<strong>the</strong> Cayman Islands alone, with not a single staff member.<br />
Yet Credit Agricole, for example, declared €35 million in<br />
pr<strong>of</strong>its from <strong>the</strong> Caymans. 166 The study also shows that<br />
<strong>the</strong> banks made a third <strong>of</strong> <strong>the</strong>ir international pr<strong>of</strong>its in tax<br />
havens – close to €5 billion – even though only one-sixth<br />
<strong>of</strong> <strong>the</strong>ir total number <strong>of</strong> employees are located in <strong>the</strong>se<br />
jurisdictions. 167 This goes to show that making country<br />
by country reports public will enable journalists and civil<br />
society, as well as decision makers, to get a clearer picture<br />
about international money flows and thus have a more<br />
informed debate on international taxation.<br />
30 • <strong>Survival</strong> <strong>of</strong> <strong>the</strong> <strong>Richest</strong>