Abstract
Malpractices of corporate governance in Pakistan are identified in Panama and Pandora's papers published for secret gains. These leaks highlighted the names of Pakistan's personalities involved in financial crime, including tax evasion and money laundering. Further, there are certain allegations of financial crimes against the renowned personalities of Pakistan. Therefore, the matter is pivotal for Pakistan because of financial constraints due to the sanctions imposed by FATF. It is a need of the hour to look into this matter because our economy is on the ventilator due to financial crimes. Further, to understand how our institutions are dealing with financial crimes. For this research, the library and internet sources were used for data collection. The qualitative methodologies are adopted for this analytical and descriptive study, and data analysis is carried out through a critical analysis of the Pakistani legal framework. Therefore, this article has highlighted the issues related to governance and its impact on the economic system of Pakistan. Further, it is concluded that Pakistani institutions need statutory help preventing the increasing rate of mal-practices of financial transactions and white color crime in Pakistan.
Key Words
AML, FATF, FIA, FBR, NAB, Panama Papers, Pandora Leaks, SECP
Introduction
This paper is about the existence of shell companies and the mode of their business in the world and its discourse in the Pana papers and Pandora papers. The Panama Papers is a collection of 11.5 million leaked papers that were released on April 3, 2016. More than 214,488 offshore entities are included in the files, which include financial and attorney-client information. Mossack Fonseca, a Panamanian legal firm, owns the document and makes it available to the public. The document disclosed a network of over 214,000 tax havens, with people and businesses from more than 200 countries participating. (Siraj, 2019)
As per the Panama Papers, this type of financial crime is occurring all over the world to conceal illegal income and avoid paying taxes. The Pandora Papers is a leak of approximately 12 million documents revealing hidden riches, tax avoidance, and money laundering by some of the world's wealthiest and most powerful individuals. (Rehman, 2019) For months, over 600 journalists from 117 countries scoured through data from 14 sources, uncovering stories that will be published this year. The data was gathered by the International Consortium of Investigative Journalists (ICIJ) in Washington, DC, which is conducting its largest-ever global investigation involving over 140 media organizations. (Mattise, 2021) Significantly, the 2.94-terabyte haul's data was verified by comparing it to public documents from dozens of countries. According to the ICIJ, the records "contain information about the involvements of nearly three times quite so many current and former leaders of countries as any previous leak of paperwork from offshore havens." "The records contain information on roughly four times as many current and former country leaders' dealings as any preceding leak of files from offshore havens." (Jones, 2021)
Furthermore, the researcher attempted to initiate Pakistan's legal framework to protect black funds raised through unlawful methods and their transfer in offshore operational processes. It is important to note that Pakistan is experiencing financial difficulties as a result of illegal money transfers to tax-exempt countries. (Oxford, 2020) As a result, various researchers have identified corruption as the primary impediment to Pakistan's economic growth. Tax evasion is used as a form of theft of state assets by Pakistan's wealthy. Furthermore, this study evaluated all configurations of money laundering and shell company operations around the world the safeguard their illegal monetary benefit and investments. (Saleem, 2019)
Shell Companies and its Operations
To be sure, a shell company is a legal entity that is used in a variety of business activities to reduce tax liability, gain access to funds, store funds, or maintain anonymity. Furthermore, it can be open and go from its bank accounts, and it can only participate in monetary transactions. A shell corporate entity, on the other hand, is a business that has no substantial assets or active operation (Iftakhar & Ehsan 2019) s.
For example, remember that a shell corporation is a firm or corporate entity that only works on paper, with no offices or personnel, but which may well have a bank account, detached investments, or be the registered proprietor of intellectual property. As a consequence, shell companies can be enlisted at the location of a company that offers a service for establishing shell companies and also acts as a legal communications agent. (Hussian, 2019)
Since the end of the twentieth century, the world has been moving toward substantiated large assets or activities. To rationalize their financial transactions, the people and the corporation established the company of shell companies. These shell companies are now used for tax avoidance, circumvention, and money laundering, as well as to achieve a specific goal such as anonymity. Anonymity can also be used to protect financial property from unknown sources. When a partner in a failing marriage, creditors, or public officials want to hide their assets, they can invest in shell companies. (Floros & Sapp, 2011)
Shell corporations can be used for commercial and legal purposes in the aforementioned situation. As a result of a contract defining the trustee's obligation, Shell Corporation can act as a trustee for the trust. In addition, a corporate shell can be built around collaboration to limit the partners' liability and other commercial operations. (Qureshi, 2017) This protects one component of the company from the risks of another. Shell corporations can also be used to transfer the money from one company to another while keeping the previous company's obligations. Furthermore, one reputable organization may be transformed into a shell company as a result of adverse market conditions or poor management. When a company's operations are halted, a shell corporation can form. A corporate organization's function is not described by the term "shell corporation." On legal documents, it is simply to show an entity based on a specific regulatory regime, such as a private equity firm, general partner, or limited partnership. (Kerin, 2019)
Surprisingly, in the present situation, shell companies, particularly those based in tax havens, play a significant role in the underground economy. They are referred to as international company companies, personal investment groups, front companies, and "mailbox" companies. As a result, shell companies are used to avoid paying taxes. Traditional tax avoidance schemes are launched by numerous corporate entities to start reducing tax liability in various countries, and people benefit from these schemes by investing their money in shell companies. (Park, 1978) To be sure, the researchers have pointed out that forming shell and shell accounts in the modern world is a breach of international law. This is why these companies have become a financial terror for developing countries, as leaders save their unfair improvements through the quote marks of these offshore companies. (Sharman, 2012)
Business Operation of Companies in Pakistan
Without a doubt, the corporation of businesses is regulated and controlled by the statutory provision in Pakistan, companies Act 2017 for its authorization and fully operational of the company is assessed by the Security and Exchange Commission of Pakistan (SECP). However, the Federal Board of Revenue (FBR) and the Federal Investigation Agency (FIA) have the authority to investigate the fairness of business transactions within Pakistan as well as the proper business operations of registered and non-registered companies. (Oxford, 2021) Considering the process and functional areas of firms in Pakistan, shell companies exist as a result of the lack of proper enforcement of legislation and the strict system of checks and balances of regulatory bodies in Pakistan. (Jones, 2021)
There are no particular firms enrolled as shell companies in Pakistan because no laws, guidelines, or regulations permit shell companies. However, when the researchers define shell companies in Pakistan, they state that these types of companies only exist on paper and have no offices or employees in Pakistan. (Qureshi, 2017) Furthermore, these businesses have bank balances, but they don't appear to be conducting any business on the record, even though they are submitting all legal documents to the governing institutions. As a result, these companies have no record or information about just the company's owner other than the fact that they are used to protect the assets of individual people by company registration under the identities of legal corporations. (Shub, 2006)
In most cases, shell businesses operate in Pakistan to launder money and transfer illegal funds through banking firms by presenting investment opportunities on paper. Significantly, shell firms in Pakistan lack real operational processes, personnel, or manufacturing capabilities, but these institutions are only set up to conceal authority in tax havens where rules are less rigidly enforced. (Ammar, 2021) The goal of this type of business is to launder money from Pakistan to any other country where offshore accounts are encouraged to invest.
Pakistan is currently experiencing an economic crisis or deficit, and the FATF has placed Pakistan on the grey list for monetary operations due to the unfortunate fact that money laundering is prevalent in Pakistan. Financial crimes involving narcotics, trying to smuggle, tax evasion, and corrupt practices are major issues in our country. The proceeds of narcotics and financing for terrorist activities are embezzled through the undocumented remittance systems known as hawala and hundi. (Jaffery & Mughal, 2020)
To look into these illegal transactions and prevent them, the regulators of Pakistan are the State Bank of Pakistan (SBP), National Accountability Bureau (NAB), Anti-Narcotics Force (ANF), Federal Investigation Agency (FIA) along with customs authorities are liable to enforce the Anti Money Laundering Laws. (Mukhtar, 2016)
Difference between Shell and Offshore Companies
Without a doubt, there are two types of companies dealing with the protection of unfair improvements for the protection of assets. The first is a shell corporation, and the other one is an offshore corporation. Offshore and shell companies both offer individuals and businesses lower taxes, greater anonymity, and access to a wide range of international markets. However, because an offshore company is located in a foreign court, there is a different legal structure and set of laws that protect that company if it is the target of litigation. (Hussian, 2019) Surprisingly, the term "offshore" refers to a corporation that is formed or integrated into a country where the corporation is not a citizen. Another distinguishing feature of an offshore corporate entity is that its owners and directors are typically based outside the country in which the company is formed, granting the company non-residential status. (Jancsics, 2018)
Role of Shell Companies in the International Financial System
Shell companies are corporate organizations with no active business that participate in the international financial system. Because of its ease of incorporation and disclosure requirements, it is used for money laundering or engaging in criminal activity. Even though corporate organizations in general, and shell companies specifically, have legitimate commercial applications. (Lejour et al., 2019) Their business operations are vulnerable due to a lack of accountability in the creation process. In some cases, the advantages of using these business entities for legitimate purposes pose threats to and potential delinquent behavior of these entities. Following that, tax policy issues relating to shell companies are not addressed in preliminary cases. These vulnerabilities are related to the use of shell companies to promote financial fraud and financial fraud in general. (Bambani & Visser, 2015)
Illicit Use of Shell Companies
In this case, a shell company is a legal entity formed by applicable corporate governance but does not conduct business. Instead, it is used to conceal the true owner of accounts and assets by performing fictitious transactions or retaining accounts and assets. As a result, the use of these shell companies is legal, but the purpose is illegal and illicit in any way to protect unfair gains. To protect their black money, more sophisticated money launderers, for example, use a complicated maze of shell companies in various countries. (Pacini et al., 2019) Furthermore, the money launderers fabricate the shell company's transaction history to make it appear as if it has been in operation for a long time to avoid undesired scrutiny of illegal assets. (Wadlinger, 2018)
In this case, the researcher has emphasized those According to the United Nations and Crimes, global illegal proceeds average more than $2 trillion per year, with crime proceeds in the United States totaling nearly $300 billion in 2010. For illicit conduct to thrive, criminals have to be able to conceal, transmit, and access criminal profits. Furthermore, they frequently resort to money laundering and frequently use the confidentiality of shell and front businesses to conceal an entity's true beneficial ownership. (Sluyterman, 2010)
The widespread use of shell firms, front businesses, nominees, and other means to conceal the true beneficial owners of properties is a major flaw in the anti-money laundering (AML) system. Even though corporate structures are currently created by each state and require varying degrees of knowledge about officers, directors, and managers, none of them seek input on the personalities of those who own or regulate legal corporations when they are formed. (Schwartz, 2009)
As the FBI investigates a slew of the lawbreaker and national security risks in which criminals use shell and front companies to conceal their nefarious activities and true identities both domestically and internationally. The deliberate use of these agencies exacerbates and lengthens investigations. (Nielson, 2012) Therefore, electronic systems and documented economy and transactions are much needed to restrain the misuse of shell and offshore companies.
As is customary, identifying true beneficial owners can stymie or delay investigation and prosecution, necessitating duplicative, slow-moving legal procedures in multiple jurisdictions to collect the required information because this process is time-consuming and costly. (Tamanaha, 2015) If the FBI and other law enforcement agencies can easily identify the advantageous owners of these shell companies, they will be able to effectively minimize the risks presented either by the illegal flow of funds.
Business Activities of Shell Companies
Similarly, a company that wants to expand while lowering its tax burden may consider trying to form a shell corporation. A shell company can be used to invest in global markets such as stock exchanges and bond markets. Furthermore, shell companies are frequently used for tax evasion, tax avoidance, and laundering, as well as to achieve a specific goal such as anonymity. One of the functions of a shell corporation is to convert illegally acquired capital into lawful wealth that can be taxed and traced back to its source. (Sluyterman, 2010) These businesses are typically started by the person(s) in possession of the unaccounted funds. Tax evasion, bankruptcy fraud, phony service schemes, price manipulation, and money laundering are all common illegalities carried out by a shell company. (Will Kenton, 2019)
Shell companies that want to hide their true profits frequently resell through shell companies in tax havens. When transactions are conducted through these shell companies, the initiating entity is not obliged to reveal its transactions and thus tries to avoid paying taxes. (Hubbs, 2019) Surprisingly, infrastructure companies are usually the most involved in this field because they are expected to bribe a large population of persons, including politicians, public officials, and the local mafia. The industrial zones would send a check for X amount to the shell company, which the shell would then cash. (Floros & Sapp, 2011) The shell company conceals its payments by proclaiming them as payment transactions to other shell companies. Shell companies are tax shelters that are formed without the formation of a company or the publication of a public listing. These businesses are then bought out by another corporation, which may or may not have a legitimate business but does not want to invest a lot of time, resources, and effort necessary to initiate a business. (Hussian, 2019) This could be one of the less shady uses of a shell corporation to indicate it unlawfully through the legal process. Parking lawsuits in complicated transactions, defending trade secrets, and using such firms as a weapon in mergers are a few of the acceptable uses of such firms. (Sharman, 2012)
Panama Papers and Pandora Papers highlighted Shell Companies of Pakistani
Table 1
S. No |
Panama
Papers Total: 259 Pakistani |
Pandora
Papers Total: 700+ Pakistani |
||
|
Name |
Profession |
Name |
Profession |
1 |
Prime Minister Nawaz Sharif and his
family members |
Politician |
Shaukat
Tarin and his family |
Politician |
2 |
Chief Minister Punjab Shahbaz Sharif
and his family members |
Politician |
Moonis
Elahi |
Politician |
3 |
PPP Senator Rehman Malik |
Politician |
Senator
Faisal Vawda |
Politician |
4 |
PPP Senator Osman Saifullah's family |
Politician |
Khusro
Bakhtiyar and his family |
Politician |
5 |
Real Estate Czar Malik Riaz Hussain's
son (Bahria Town) |
Businessman |
Ishaq
Dar's son Ali Dar |
Politician |
6 |
Chairman ABM Group of Companies Azam
Sultan |
Businessman |
Retired
Maj Gen Nusrat Naeem |
Armed Forces |
7 |
Pizza Hut owner Aqeel Hussain and
family |
Businessman |
Sons
of former Pakistan Air Force chief Abbas Khattak |
Armed Forces |
8 |
Sultan Ali Allana, Chairman of Habib
Bank Limited |
Businessman |
Axact
CEO Shoaib Sheikh |
Businessman |
9 |
Hotel tycoon Sadruddin Hashwani and
family |
Businessman |
National
Bank of Pakistan President Arif Usmani |
Businessman |
10 |
Former Judge Justice Farrukh Irfan |
Judge |
Peshawar
Zalmi owner Javed Afridi |
Businessman |
11 |
Retired
Judge Malik Qayyum |
Judge |
Express
Media Group Publisher Sultan Ahmed Lakhani |
Journalist/Media Group |
12 |
Mir Shakil-ur-Rehman of GEO and Jang
Group |
Journalist/Media Group |
Dawn
Media Group CEO Hameed Haroon |
Journalist/Media Group |
Role of Judiciary in the Prevention of Shell Companies Pakistan
Significantly, it demonstrates that courts are the "best practice" for assisting governments in "eliminating the veil of secrecy" around the final owner of a corporation, basis, cooperative, or other private corporation and preventing their exploitation, according to various studies. Beneficial ownership disclosure is critical to avoiding the misuse of corporations, organizations, or other entities for laundering money or terrorist funding. (Afzal, 2013) A beneficiary is a legal term for someone who benefits from owning even though the estate or business is possessed by someone else. This can be accomplished through a judicial proceeding. (Chachar, 2019)
Pakistan must ensure that officials have access to accurate and up-to-date information on the folks behind corporate entities, foundations, as well as other legal entities, according to FATF guidelines. The International Consortium of Investigative Journalists released the so-called "Panama Papers" documents in early 2016, revealing the beneficial ownership of hundreds of offshore firms. (Haldevang, 2018) While many of them were used correctly, the records revealed that some advantageous ownership was hidden for malicious or illegal reasons. The documents also named a slew of powerful Pakistani citizens as beneficial owners who refuses to declare their connections to offshore corporations in contravention of FATF rules. (Lee, 2009)
The Pakistani judiciary plays a critical role in this
regard, scrutinizing the shell and shell accounts of a Pakistani citizen involved in corruption. The Panama Papers case (officially titled Imran Ahmed Khan Niazi v. Mian Muhammad Nawaz Sharif), colloquially known as the Panamagate case, was a landmark decision by Pakistan's Supreme Court that barred incumbent Prime Minister Nawaz Sharif from public officials for the rest of his life. (Gulsher, 2019) Furthermore, cases of financial fraud are still being investigated by the National Accountability Bureau (NAB) courts. Cases involving white-collar crimes, on the other hand, are presently undergoing a severe backlog in higher courts, and the judicial system is growing in importance in enforcing financial crimes. (Visser, 2015)
Surprisingly, the Pakistani legal system has taken steps to mitigate this threat. The written and electronic media must be aware of the need to "nip the evil in the bud" by playing a positive role. It is critical to raise public awareness and education about financial crimes and emphasize the additional safeguards provided by anti-money laundering legislation. It's also critical that major and small initiatives are closely scrutinized, allowing for some money laundering control. (James, 2020) Furthermore, the court urges that legislation be enacted to reduce money laundering, particularly in the financial sector. There is a need for a worldwide system in which banks refuse to store unlawful funds. (DNA News, 2020) As a result, the judicial forums of Pakistan have made substantial efforts to eradicate criminal financial transactions through various trials. The courts and prosecution section of the National Accountability Bureau is also playing an important role in preventing the activities of shell corporations in Pakistan, which are classified as white-collar crimes. Over time, the crime rate will drop due to the efforts and heavy sentences imposed by the courts in the instances. (Hamilton, 2017)
Conclusion
It is concluded in this research article that shell companies engaged in illicit activities for tax evasion, money laundering, and other purposes are a major stumbling block for developing countries' economies. The structured approach and regulations are not enough in dealing with owners of shell companies in Pakistan because barriers of legal entities are insufficient to restrain them from investing in shell companies. Further, Pakistan has not had sufficient mechanisms and enforcement processes to cope with Anti-money laundering. Therefore, the illegal business operations can't be restrained through mandatory registration as prescribed in the companies acts 2017.
Interestingly, shell companies are engaged in illicit activities for tax evasion, money laundering, and other purposes to protect the money obtained through illegal means. Pakistani institutions and law enforcement agencies are not dealing with coping with these sorts of financial crimes following international legal standards. Therefore, Pakistan is suffering from an economic disability, low currency rate, a reserves shortage, the high price of necessities of life, an increase in IMF loan and interest of the loan. It is need of the hour that all enforcement agencies can play their role in the prevention of financial crimes and the transfer of money through illegal means from Pakistan. This is the only way to restrain the illegal transfer of money and its investment in tax heaven the shell and offshore companies. However, the Pakistani judiciary is playing its role in eradicating shell companies' activities and money laundering within the country with the help of FIA, FBR, and NAB. If we can take it all in the legal framework and statutory measures and enforce it according to international standards settled for the prevention of money laundering, then Pakistan can become an economically sound country and starts economic growth.
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- Pacini, C., & Wadlinger, N. (2018). How Shell Entities and Lack of Ownership Transparency Facilitate Tax Evasion and Modern Policy Responses to These Problems. Marquette Law Review, 102(1), 111- 166. https://scholarship.law.marquette.edu/cgi/ viewcontent.cgi?article=5380
- Pacini, C., Hopwood, W., Young, G., & Crain, J. (2019). The role of shell entities in fraud and other financial crimes. Managerial Auditing Journal, 34(3), 247-267. https://doi.org/10.1108/MAJ-01-2018-1768
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Cite this article
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APA : Gillani, S. K. E., & Qureshi, Z. A. (2022). Mal-Practices of Corporate Governance in Pakistani Financial Institutions: Overview of Panama and Pandora Leaks. Global Legal Studies Review, VII(I), 10 - 19. https://doi.org/10.31703/glsr.2022(VII-I).02
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CHICAGO : Gillani, Syed Karam Elahi, and Zeeshan Ashraf Qureshi. 2022. "Mal-Practices of Corporate Governance in Pakistani Financial Institutions: Overview of Panama and Pandora Leaks." Global Legal Studies Review, VII (I): 10 - 19 doi: 10.31703/glsr.2022(VII-I).02
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HARVARD : GILLANI, S. K. E. & QURESHI, Z. A. 2022. Mal-Practices of Corporate Governance in Pakistani Financial Institutions: Overview of Panama and Pandora Leaks. Global Legal Studies Review, VII, 10 - 19.
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MHRA : Gillani, Syed Karam Elahi, and Zeeshan Ashraf Qureshi. 2022. "Mal-Practices of Corporate Governance in Pakistani Financial Institutions: Overview of Panama and Pandora Leaks." Global Legal Studies Review, VII: 10 - 19
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MLA : Gillani, Syed Karam Elahi, and Zeeshan Ashraf Qureshi. "Mal-Practices of Corporate Governance in Pakistani Financial Institutions: Overview of Panama and Pandora Leaks." Global Legal Studies Review, VII.I (2022): 10 - 19 Print.
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OXFORD : Gillani, Syed Karam Elahi and Qureshi, Zeeshan Ashraf (2022), "Mal-Practices of Corporate Governance in Pakistani Financial Institutions: Overview of Panama and Pandora Leaks", Global Legal Studies Review, VII (I), 10 - 19
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TURABIAN : Gillani, Syed Karam Elahi, and Zeeshan Ashraf Qureshi. "Mal-Practices of Corporate Governance in Pakistani Financial Institutions: Overview of Panama and Pandora Leaks." Global Legal Studies Review VII, no. I (2022): 10 - 19. https://doi.org/10.31703/glsr.2022(VII-I).02