Mark Warner published a Comment in the Globe and Mail Report on Business on recent WTO dispute settlement decisions relating to tax avoidance and money laundering. (April 16, 2016) The recent Panama Papers unauthorized release of confidential documents for many offshore entities has, like the 2014 LuxLeaks release, shone a spotlight on tax havens and enforcement co-operation among tax authorities. Two recent WTO dispute settlement panel decisions involving Panama are particularly important in light of the recent threats by the G20 and the European Union to sanction tax havens after the Panama Papers scandal. The first case involves a challenge by Panama to certain Argentinian “defensive” measures on financial services and service providers from certain jurisdictions that do not cooperate or agree to information sharing in tax  enforcement. The WTO Appellate Body circulated its decision on April 15th. The second cases involves a challenge by Panama to a compound tariff imposed on textile goods by Columbia to counter alleged money laundering. The WTO Appellate Body decision in this dispute is pending.

As counsel at the OECD Trade Directorate, Mr. Warner advised on harmful tax competition issues and previously worked on other trade and competition issues. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations including the chapters on investment and trade in services. Mr. Warner advises governments and business clients on trade policy, trade disputes and trade negotiations.