Benami Dollars – a New Financial
Product from India.
The original US dollar, the legal tender of the United States of America ,
is now the de facto currency of the world. Its convertible nature and the free
market economy of the USA
have assisted creation of both legal and illegal financial assets and transactions
with peculiar dollar names. The new find,
Benami dollar, is developed by Indians exclusively for their own use by parking
their illicit wealth abroad.
EURO dollar is a notional currency without any central bank governance and
is
managed collectively by international banks. It started as stashed
funds from the East European Communist bloc but has become a recognized source
of legal fund in the last 35 years. Central banks have accepted this product and
corporate/commercial/retail dealings are perfectly legal and transparent. The estimated size of this market is over 5
trillion dollars.
PETRO dollars is a given name by political economists to the wealth of
the OPEC (Organization of Petroleum Exporting Countries) members. The yearly collection is close to a trillion
dollar. This is a legal wealth and is
being used for various development projects in the OPEC countries and is also invested
all over the world.
The lesser known, NARCO dollar is the illegal wealth of the drug lords hidden
in off shore tax havens mostly in the Caribbean .
Owners are totally unknown; movements are secret and have high velocity of
circulation. The estimated size of this market is $ 500 billion. Its existence was
corroborated by the strong rumour when Pablo Escobar, the fugitive Colombian
drug lord, offered to settle the billions of dollars of foreign debts of the
Colombian government in return for his freedom.
What is Benami transaction?
Benami transaction means any
transaction in which property is transferred to one person for a consideration
paid or provided by another person. - The Benami Transactions (Prohibition)
Act, 1988
Merriam-Webster dictionary describes “Made,
held, done, or transacted in the name of (another person) —used in Hindu law to
designate a transaction, contract, or property that is made or held under a
name that is fictitious or is that of a third party who holds as ostensible
owner for the principal or beneficial owner”
In the Western world, it is known as fronting or proxy deals.
BENAMI Dollars could be the appropriate name for the stashed funds
parked in the offshore tax havens by Indians. Until the year 2000 the boundaries
of stashed funds were limited to a few big corporations and high level
politicians in the centre due to restricted exchange regulations. The stashing
is done by age old techniques like under invoicing exports, over pricing
imports and kick backs from government and defence contracts. Havala (Informal and illegal transfer of money
outside the banking channel) transfers were mostly in the individual retail
segment.
Globalization with Foreign Direct Investments (FDIs) and opening of the
Indian market for Multi National Corporations (MNCs) have paved the way for new
players even at state level politicians and bureaucrats. The accumulation
started multiplying after the year 2000 from kickbacks from MNCs who were given
free passage to compete in various economic development programmes. The Indian government
is turning a deaf ear to the clamour against the stashing as any investigation
might backfire on them. Millions have
grown into billions.
Leniently regulated Gulf States
particularly Dubai in UAE, and Hong
Kong are comfortable locations for parking funds and many Non
Resident Indians (NRIs) and People of Indian origin (PIO) are ready to provide
the Benami services. Authorities in these countries do not care even if an
Indian taxi driver or a construction worker maintains a million dollar account in
local banks. Neither the Indian government nor the Indian embassy has any
control on the activities of the NRIs and PIOs. The vital interests, close kin and
spouse of the Benamies in India
will be held as security for the risk.
Companies owned by PIOs in Malaysia, Singapore and UAE are providing
Benami service for high stakes.
There are reciprocal arrangements for their ventures in India . The principals of the Benamis do not mind
paying tax on the parked amount in foreign countries as long as their stashed money is kept intact with transfer facilities
and their identity remaining undisclosed.
It will be an interesting research to find out how the funds are
being used. It depends upon the size of the fund and the power of the
politicians. Huge sums are transferred as donations to many NGOs and charity organizations run by them. Foreign Institutional Investors (FIIs) assist
the Benamies as well as the real owners through Participatory Notes, a tax free
and convertible offshore financial tool, to reinvest the stashed funds in India and take
advantage of the lucrative Indian stock market without being identified.
Benami business, practised within India so far, has now crossed the
shores with a new name in the international market. MNC banks in tax havens provide all kinds of
services for managing the illicit wealth.
The Government’s reluctance will
encourage creation of more Benami
dollars and at this rate India can produce a few Pablo Escobars in future, after all the foreign debt of India amounts to around US$ 300 billion as against
the estimated stashed holdings of US$ 700 billion.
Dr. Krishnan
Arunachalam.
Ref: Authors blog krishrajiblogspot Nov/2013