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‘We must get a copy of FATCA agreement!’ – Edmund G. Maduro

"The people of the British Virgin Islands should have had a copy of that drafted agreement in their hands and studied it," said Maduro. Photo: VINO/File
Premier Dr the Honourable D. Orlando Smith and an official of the US Treasury Dept following the signing of the agreement on July 1, 2014. Photo: GIS
Premier Dr the Honourable D. Orlando Smith and an official of the US Treasury Dept following the signing of the agreement on July 1, 2014. Photo: GIS
ROAD TOWN, Tortola, VI – Political commentator and talk show host Edmund G. Maduro insists that no international agreement can be entered into if it conflicts with the Territory’s Constitution and that the people of the Territory should have had a chance to see a copy of the intergovernmental agreement (IGA) between the Virgin Islands and the United States to bring into effect the Foreign Account Tax Compliance Act (FATCA).

The agreement signed by Premier Dr the Honourable D. Orlando Smith on July 1, 2014 allows for exchange of tax information and its signing has raised the ire of Maduro who is concerned that the agreement breaches the Constitution of the Territory.

“We must understand that Government must be of laws. The Constitution protects certain rights that no law can be made to overrule. No international arrangement can be made to overrule [the Constitution]. I am saying when it comes to international agreements it is not the Premier who is primarily responsible. The person responsible for international arrangements and agreements is Her Majesty’s Government,” said Maduro on his EGM Radio Show aired on Thursday night July 3, 2014 on ZROD 103.7FM.

“All laws must fall in line with the Constitution. This is true about the United States, about the United Kingdom, Europe…,” he admonished.

“We are seeing a lot of things going on here. Right now we are seeing some fairly unreasonable behaviour,” he said.

“The Constitiution clearly states that the executive authority of the British Virgin Islands rests within Her Majesty Queen Elizabeth II and his Excellency the Governor,” he said.

Maduro pointed out that one of the rights enshrined in the Constitution is secrecy to one’s personal affairs. “I have been hearing about this international arrangement that was supposed to be signed. I have been asking for a copy and I cannot get a copy. The people of the British Virgin Islands should have had a copy of that drafted agreement in their hands and studied it and made their contribution to the Premier, to the Governor and to Queen Elizabeth II,” said Maduro.

18 Responses to “‘We must get a copy of FATCA agreement!’ – Edmund G. Maduro”

  • brian hodge (05/07/2014, 10:37) Like (5) Dislike (5) Reply
    maduro, maduro, maduro........ where does it say in any constitution that a person has the right to not pay legitimate taxes that are due under law ?
  • Pinokio (05/07/2014, 11:22) Like (6) Dislike (2) Reply

    Mr. Edmund Gregory Maduro thanks for bringing a lot of things to light but if you noticed these men and women who are supposed to be honorable do not care about the people if this territory even if they has bring this to the public it would have already be a done deal. For example, look at the extra high school year the people kicked up against it, wasn't it still implemented. Look at what they say the minister of w & c say, don't mind the noise from the people the project will go on. Look at B..a insurance every year the government renew their contract with Bupa, B..a make changes that are negatively affecting people but yet all we are hearing is that the contract have been renewed we have no say in it. Look at NHI people voiced their concerns about it, isn't it still implemented. Just food for thought

  • What? (05/07/2014, 12:57) Like (10) Dislike (5) Reply
    This man needs to stop talking about things he knows nothing about. FATCA is similar to the TIEAs that we sign all the time, is he against those? US Citizens regardless of where they live and work are MANDATED from god knows when, to report on earnings and pay taxes where necessary and that's not new. If they don't want to deal with it then they can renounce their Citizenship. This has nothing to do with the VI Constitution Edmund as it's not a Law affecting BVIslanders per se. This is with respect to US Citizens doing business in the BVI. Most countries that have a financial services offering will sign on accordingly. FATCA is not a BVI thing, it's a Global thing. I wish Edmund would bring someone from the industry on his show and do an interview about what it means instead of going off the walls like a rubber ball. HE has absolutely no clue about what he's talking based on the foolish comments especially regarding getting the Governor involved. The BVI Government deals with ALL tax issues on their own, why should the Governor get involved with this? The BVI signed an IGA - Inter-Governmental Agreement with the US as it relates to dealign with US persons that register BVI companies and the sharing of informatoin. Does Edmund know that the UK version of FATCA is on the horizon and we will be signing that as well, for the same reasons? Will he be against that too? WE always try to convince people that we as locals are equal and as smart as any expat that come here and then look at what we do? Go to the airwaves spewing pure garbage that makes no sense and which is not the truth. I feel for this place as a local, it's really disheartening to see how we play politics with every single thing. Financial Services brought on over $200mil last year. Let that sink in. That isn't even the other value added by the actual companies providing services, that's just FSC. That has nothing to do with permits, rents and other value that this pillar brings. We also use the US Dollar as our main currency. I would ask Edmund to dig deeper into FATCA and he will see that his concerns have no merit. Again, it has ALWAYS been a requirement for ALL US Citizens to register with IRS and report earnings regarding of where they are derived. There's a threshold that must be met before you actually pay taxes, but regardless, you must report it and the problem is that many weren't doing it whether out of ignorance (not knowing) or by blatantly evading their tax duties.
    • STRUPPESSSSSS (05/07/2014, 14:05) Like (0) Dislike (4) Reply
      Read what he is actually saying. He is saying that the premier has no authority to bind the territory to such agreements or the Government of the day, but the queen as represented by the governor.
      • What? (06/07/2014, 02:42) Like (4) Dislike (0) Reply
        You need to read not me. FATCA is a tax issue and such issues are dealt with at the Government level not the Governor. You ever see the Governor sign a TIEA? Stop talking foolishness. It's an issue regarding tax information.
  • ccc (05/07/2014, 16:05) Like (8) Dislike (6) Reply
    All I know is ndp must go
  • Peng (05/07/2014, 16:26) Like (5) Dislike (12) Reply
    U damm right they must go and win the next election.
    • @ peng (05/07/2014, 18:52) Like (8) Dislike (4) Reply
      That will be a cold day in hell if we vote again for the rotton ndp
  • A. Friend (05/07/2014, 16:43) Like (9) Dislike (0) Reply
    Well here's the agreement. Everyone take a look, tell us what's wrong.
    http://www.treasury.gov/resource-center/tax-policy/treaties/Documents/FATCA-Agreement-BVI-6-30-2014.pdf

    The second paragraph indicates this action was sanctioned by the UK government.

    I'm really not sure, do people read or just talk.
    • The Eye (05/07/2014, 18:14) Like (0) Dislike (2) Reply
      We are watching.
      • Village Girl (06/07/2014, 23:42) Like (0) Dislike (0) Reply
        There is a striking absence of honour and integrity among the citizens of the BVI and so their lives are lived with a sense of either glee, in knowing that you can get something for "nothing" or frustration knowing well that despite your honest attempts, it is those who are crooked that get what may be due to you.
    • mary j (06/07/2014, 20:56) Like (1) Dislike (0) Reply
      Please read it to us as we cannot read
  • lot's of Sense (05/07/2014, 22:23) Like (0) Dislike (0) Reply
    This is great info. One can see deliberate steps to have a well thought out agreement.
    It is asender to yet? And the signatures on the dotted line, is missing.
  • ann (05/07/2014, 23:54) Like (0) Dislike (1) Reply
    Edmund fixing up the NDP nice
  • charles (06/07/2014, 21:22) Like (2) Dislike (0) Reply
    The BVI government shouldn't be working for the US IRS. It should be working for the interests of the BVI citizen. Also monies received overseas were free from domestic taxes which is why the US jobs were outsourced and globalized in the first place. Knee jerk reactions are not how policies should be mandated.

    It was outside the scope of the Premier's authority. Also it has not defined how dual citizen BVIslanders will be taxed, as dual taxation may be unconstitutional. There was to be more explained or explored before rushing headfast into this
    • at Charles (08/07/2014, 21:17) Like (0) Dislike (0) Reply
      The IGA is an intergovernmental arrangement geared towards ensuring that foreign financial institutions (FIs) report to the IRS. US citizens have long had to pay taxes in the US whether they lived there or not. This was not an introduction by FATCA. Every Government in every country has signed on to this. BVI has already entered into a similar agreement with the UK. Do you really believe that the BVI is in the driver's seat on these issues? You must be in real denial about our powers as a territory.
  • Bank Rate (07/07/2014, 12:56) Like (0) Dislike (0) Reply
    Does the agreement cater for the Loan industry. Why are we not getting the same interest rates on loans from the same Banks in the USVI that operate here. Or is that Politics too.
  • Common Sense (07/07/2014, 13:45) Like (2) Dislike (0) Reply
    With a simple google search, the FATCA agreement can be found on the U.S. treasury website... Once again, noise without a purpose...


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