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Jesus College

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Oxford

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The Programme

SUNDAY 31 AUGUST 2008

15.00 - 17.00

Registration at the Symposium office, Jesus College
Located in the Third Quad, Seminar Room A, next to Staircase 18

 

17.15 - 18.15

Symposium and case study introduction
Andrew de La Rosa, Director of Studies 
An introduction and explanation of the course and Case Studies.
To be held in the Habakkuk Room - Third Quad

 

18.15

Welcome Reception
to be held on the Lawn of the Inner Quadrangle,
followed by a Welcome Dinner in the Great Hall

     

MONDAY 1 SEPTEMBER 2008
Chairperson - Nigel Goodeve-Docker
Trusts, Foundations, Partnerships and Companies - How To Use Them

08.15 - 09.00 Choice of Continental or English Breakfast served in the Great Hall
09.00 - 10.00

Lecture
Trusts and sham trusts in the offshore world
Is it possible to juggle the expectations of clients and still be a trustee?
Nigel Goodeve-Docker, UK

10.00 - 10.45

Lecture
Corporate and individual uses of trusts: The future?
The development over the centuries of the trust as a means of solving the supposedly unsolvable is both as well known as it is enormous; this lecture will consider the potential nature and enormity of future developments
Shan Warnock-Smith Q.C., UK

10.45 - 11.15

Morning Coffee will be served in the Common Room

11.15 - 12.00 Lecture
Use of private foundations
The foundation is more talked about in the common law jurisdiction than it is understood or used to client advantage; but it has as many variations and uses as does the more often, and often inappropriately, used trust, as this discussion will demonstrate
           
Markus H. Wanger, Liechtenstein
12.00 - 12.45 Lecture
Private and public uses of partnerships
Common law examples
Anthony Molloy Q.C., New Zealand
12.45 -14.00

Luncheon will be served in the Great Hall

14.00 - 14.30 Lecture
The benefits and burdens of the corporate form I 
Some interesting UK cases
           
Andrew De La Rosa, UK
14.30 - 15.00 Lecture
The benefits and burdens of the corporate form II
The continental European perspective
           
Peter Harris, France
15.00 - 15.45 Lecture
The benefits and burdens of the corporate form III
The US perspective

Howard S. Fisher, USA
15.45 - 16.15 Afternoon Tea will be served in the Common Room
16.15 - 16.45

Panel Discussion
Understanding variations on the corporate form I
No more than the discretionary trust is the only form a trust might take, is the private company limited by shares the only corporate form available? What is out there to be used? - The common law world
Led by Andrew De La Rosa, UK,  Prof. Charles A. Cain, Isle of Man & Nigel Goodeve-Docker, UK

16.45 - 17.15 Panel Discussion
Understanding variations on the corporate form II
No more than the discretionary trust is the only form a trust might take, is the private company limited by shares the only corporate form available? What is out there to be used? - The civil law world      
Led by Markus H. Wanger, Liechtenstein, Peter Harris, France & Nigel Goodeve-Docker, UK
17.15 - 17.45

Panel Discussion
Understanding Variations on the Corporate Form III
Led by Howard S. Fisher, USA, by F. Ronald Jenkins Jr., UK & Shan Warnock-Smith Q.C., UK

19.15 Dinner will be served in the Great Hall
20.30 - 21.15

Evening Session
Recent disasters in offshore trusts

An overview of recent trust cases highlighting what can go wrong, at what cost and lessons to be learned.
Shan Warnock-Smith Q.C., UK

     

TUESDAY 2 SEPTEMBER 2008
Chairperson - Peter O'Dwyer

Investment & Wealth Planning Tools

08.15 - 09.00 Choice of Continental or English Breakfast served in the Great Hall
09.00 - 10.00 Panel Discussion
General overview of alternative vehicles used in international wealth planning
Mutual funds, insurance & charities are tools that can be used in ways well beyond the traditional expectation to assist individuals to manage, grow and protect their wealth - an introduction to thinking laterally

Led by Peter J. O'Dwyer, Ireland, Richard Cassell, UK & Howard S. Fisher, USA
10.00 - 10.30 Lecture
Considerations in international investment structuring
When designing a multi-national investment structure much more has to be taken into account than what the investment is and how much it costs - what is the approach?
F. Ronald Jenkins Jr., UK
10.30 - 11.00

Morning Coffee will be served in the Common Room

11.00 - 11.30

Lecture
Specific uses of insurance in wealth preservation I - The USA 
Howard S. Fisher, USA

11.30 - 12.00 Lecture
Specific uses of insurance in wealth preservation II - The UK 
Matthew Cain, UK
12.00 - 13.00 Lecture
The regulation of investment selling within the EU
What are the rules and are they really creating a free market for members? Are they also creating an exclusion zone for non-members and with what impact for non-member based structures? Should the WTO be told?
Marcus C. Killick, Gibraltar
13.00 - 14.30 Lunch will be served in the Great Hall
14.30 - 15.15 Lecture
Specific uses of charities I - The USA           
Richard Cassell, UK
15.15 - 16.00 Lecture
Specific uses of charities II - The UK           
Clive Cutbill, UK
16.00 - 16.15 Afternoon Tea will be served in the Common Room
16.15 - 17.00

Lecture
Specific uses of investment funds
Investment funds are commonly used for collective investment by both individuals and institutions and constitute a multi trillion dollar industry.  They are also a little known but highly effective vehicle for private wealth management, particularly for inter-generational investment.
Peter J. O'Dwyer, Ireland

17.00

Recommended case study group time

19.15 Dinner will be served in the Great Hall

 

 

WEDNESDAY 3 SEPTEMBER 2008
Chairperson - Richard I.R. Winter Q.C.
TAX Threats and Opportunities

08.15 - 09.00 Choice of Continental or English Breakfast served in the Great Hall
09.00 - 09.45

Lecture
A real threat to offshore centres? The new wave of tax investigations
Why a new breed of tax investigations may pose a greater threat to offshore centres than other perceived risks. Examining the origin and nature of these investigations, considering their impact on offshore centres and their businesses and introducing the action these parties need to take to protect themselves
John Nugent, Isle of Man

09.45 - 10.30 Lecture
An update on the EU Savings Tax Directive
What was it supposed to do, what does it actually do, what does it fail to do and does it create opportunities for those beyond its reach
?           
Peter J. O'Dwyer, Ireland
10.30 - 11.00 Morning Coffee will be served in the Common Room
11.00 - 11.30

Lecture
The process of a UK tax investigation
Managing the challenge and managing the investigators
John Nugent, Isle of Man

11.30 - 12.30

Lecture
Current tax issues I
An overview of the current tax issues facing private clients with a connection to the UK and opportunities for dealing with them.
Nicholas Jacob, UK

12.30 - 14.00 Lunch will be served in the Great Hall
14.00 - 14.45 Lecture
Current tax issues II
An overview of current tax issues facing US resident individuals; and opportunities for dealing with them
           
Howard S. Fisher, USA
14.45 - 15.30 Lecture
Current tax issues III
An overview of current tax issues facing individuals residing elsewhere in the Americas; and opportunities for dealing with them
Richard I. R. Winter Q.C., Canada
15.30 - 16.00 Afternoon Tea will be served in the Common Room
16.00 - 16.45 Lecture
Current tax issues IV
An overview of current tax issues facing clients from the Asia/Pacific region; and opportunities for dealing with them
William Ahern, Hong Kong
16.45 - 17.45

Panel Discussion
Aspects of Shari'a Law
All systems of law are based on religious and/or political precepts and in a global offshore world they inevitably collide and are found incompatible; what does the non-Islamic offshore world need to know to be useful in that particular onshore world?
Andrew De La Rosa, UK, & Joseph Morris, USA

17.45

Recommended case study group time

19.15 Dinner will be served in the Great Hall
20.30 - 21.15

Evening Session
The Future of International Tax Planning
Anthony Molloy Q.C., New Zealand

 

THURSDAY 4 SEPTEMBER 2008
Chairperson - Marcus C. Killick
Regulation Fact and Impact

08.15 - 09.00 Choice of Continental or English Breakfast served in the Great Hall
09.00 - 09.30

Lecture
The continuing impact of international assessments on finance centres
An overview of the ongoing developments of international regulatory
standards, their use in assessing offshore centres and how business has been influenced
Marcus C. Killick, Gibraltar

09.30 - 10.15 Lecture
The domestic impact of Sarbanes - Oxley and USA Patriot Act: Law vs Fact
Two supposedly well intentioned pieces of legislation have had far-reaching, possibly unintended, adverse consequences even in the jurisdiction they sought to protect           
F. Ronald Jenkins Jr., UK
10.15 - 10.45

Lecture
The extra-territorial impact of Sarbanes - Oxley and USA Patriot Act: Law vs Fact
For all that domestic legislation is not supposed to have extra-territorial impact, these two certainly have - especially for the offshore world; what, why and can this be resisted?
Joe Field, USA

10.45 - 11.15

Morning Coffee will be served in the Common Room

11.15 - 12.00 Lecture
The impact of offshore regulation on clients in Asia
Clients in Asia, for numerous reasons not associated with tax, notoriously preferred the free-wheeling days of guaranteed anonymity offshore; how have they reacted to the changes and how can they still get what they want?
William Ahern, Hong Kong
12.00 - 12.45

Lecture
The impact of international standards on the Caribbean financial centres
The Caribbean financial centres were amongst the greatest bastions of client confidentiality, and many really operated as supplies of vehicles without concern for the driver or the journey - what are the positive and negative impacts of change?
Tim Ridley, Cayman Islands

12.45 - 14.00 Lunch will be served in the Great Hall
14.00 - 14.45 Lecture
The EU approach to diversity of business forms and practices           
Many advisers and bureaucrats assume that their own jurisdiction's concepts of such things as company law, property rights, accounting systems or corporate governance apply in other countries. For many bureaucrats, who do not understand what a trust is or what makes it enforceable, their only response is to seek and destroy it. But every jurisdiction is different, and that includes the offshore jurisdictions. Does it make sense to force everyone into the same mould? Is not diversity and variety something to be preserved and fostered, or is everything to be standardised for the convenience of the EU Bureaucrat?
John Graham, The Netherlands    
14.45 - 15.15 Lecture
Is there a case for differing regulatory standards between the established and the developing jurisdictions?
Does so-called "best-practice" stifle the growth of competition in the offshore world by imposing inappropriate economic burdens on new entrants?
           
F. Ronald Jenkins Jr., UK
15.15 - 15.45

Afternoon Tea will be served in the Common Room

15.45 - 16.30 Lecture
Who and what does regulation seek to protect? Who can regulate the regulators?
The myths, truths, risks and impact of a regulation-driven offshore world examined
Marcus C. Killick, Gibraltar
16.30 Recommended case study group time
19.15 Dinner will be served in the Great Hall
 

FRIDAY 5 SEPTEMBER 2008
Chairperson - Andrew De La Rosa
Politics & Treaties

08.15 - 09.00 Choice of Continental or English Breakfast served in the Great Hall
09.00 - 10.00 Panel Discussion
The politics of the offshore/onshore struggle

Can the offshore centres that are not OECD members really stand up to the governments of their onshore users, or must they always remain puppets? What really goes on? What really could be done?
Richard Hay, UK
10.00 - 10.45

Panel Discussion
The politics of competing tax philosophies

The raising of revenue is the process of financing a political agenda, but must the agenda control the manner of raising and does that very manner adversely impact the outcome?Daniel J. Mitchell, USA

10.45 - 11.15 Morning Coffee will be served in the Common Room
11.15 - 11.45

Lecture
An update on The EU Tax Harmonisation Initiative
Where is this project now? Who is for and who is against? Where will it all end... in tears, or will the ref. pick up the ball and send them all home?

Peter J. O'Dwyer, Ireland

11.45 - 12.45 Lecture
Client confidentiality in offshore finance
Is the imposition of regulation and so-called 'best practice' a political tool being used to undermine the offshore world and the rights of its clients? Are conflicting obligations being created? Does the offshore world have the right and ability to enforce its own laws on the confidentiality of its clients?

F. Ronald Jenkins Jr., UK
12.45 - 14.00

Lunch will be served in the Great Hall

This afternoon's lectures will focus on formalising the relationships between nations in the area of taxing cross-border trade and investment as an ever-growing and not wholly disadvantageous fact.  The lectures will examine what tools are available for planners, how to use them, and what the risks and rewards are of using them

14.00 - 14.30 Lecture
The double tax treaty I - The uses

Howard S. Fisher, USA
14.30 - 15.00 Lecture
The double tax treaty II - The burdens
Richard Hay, UK
15.00 - 15.45 Lecture
The double tax treaty III - Recent developments
Andrew De La Rosa, UK
15.45 - 16.30 Case study preparation time
16.30 - 17.45

Case study presentations
Judges: Andrew De La Rosa, UK, Peter Harris, France
& Prof. Charles A. Cain, Isle of Man

18.30

Reception and Group Photograph
Held on the Lawn of the Inner Quadrangle
Please note that all attendees should be present for the group photograph, which will be taken at 6.45pm

Case Study evaluation, end of course comments and closing speech
Andrew De La Rosa, UK

19.30 Formal closing Dinner together with the Presentation of the Willoughby Memorial Prize
To be held in the Great Hall
 

SATURDAY 6 SEPTEMBER 2008
SHOPPING AND SIGHT-SEEING DAY

08.30 - 09.15 Choice of Continental or English Breakfast served in the Great Hall
12.30 - 14.00 Lunch will be served in the Great Hall
16.00

All rooms to be vacated

The Conference Organisers would be happy to assist delegates in compiling their personal itinerary