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08

Jan
2024

Legal news

Banking and financial law

Companies and taxation

International and European law

08/ Jan
2024

Legal news

Banking and financial law — Companies and taxation — International and European law

Automatic exchange of information (financial accounts): jurisdictions subject to declaration (Ministerial Order no. 2023-776 of 26 December 2023)

Ministerial Order no. 2023-776 of 26 December 2023 (JDM no. 8675 of 29 December 2023), which repeals and replaces Ministerial Order no. 2022-729 of 21 December 2022 with effect from 1 January 2024, sets out the list of jurisdictions "subject to declaration" and "partners" for the automatic exchange of financial account information under the Common Reporting Standard (CRS), in application of the following three international instruments:

  • OECD/Council of Europe Convention on Mutual Administrative Assistance in Tax Matters (Order No. 6.205 of 16 December 2016);
  • Multilateral Agreement between Competent Authorities on the Automatic Exchange of Financial Account Information (Order No 6.206 of 16 December 2016);
  • Protocol amending the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Directive 2003/48/EC (Order 6.207 of 16 December 2016).

The following have been added to the list of jurisdictions subject to declaration to Monaco: Antigua and Barbuda, Aruba, Ghana, Cook Islands, Kazakhstan, Kenya, Maldives, Pakistan, Saint Kitts and Nevis, Thailand and Turkey.

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List of jurisdictions subject to declaration as from 1 January 2024 (art. 1 Ministerial Order n° 2023-776) : Albania, Andorra, Antigua and Barbuda, Argentina, Aruba, Australia, Austria, Azerbaijan, Belgium, Brazil, Bulgaria, Canada, Chile, China, Colombia, Croatia, Curaçao, Cyprus, Denmark, Ecuador, Estonia, Finland, France, Germany, Ghana, Gibraltar, Greece, Greenland, Guernsey, Hong Kong, Hungary, Cook Islands, Isle of Man, Mauritius, Faroe Islands, India, Indonesia, Ireland, Saudi Arabia, South Africa, Spain, Iceland, Israel, Italy, Jamaica, Japan, Jersey, Kazakhstan, Kenya, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Malta, Mexico, Netherlands, New Zealand, Nigeria, Norway, Pakistan, Panama, Peru, Poland, Portugal, Czech Republic, Romania, Russian Federation, San Kitts and Nevis, San Marino, Seychelles, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Thailand, Turkey, United Kingdom, Uruguay.

- List of partner jurisdictions that have undertaken to provide Monaco with information from 1 January 2024, in addition to the jurisdictions referred to above (art. 2 Ministerial Order no. 2023-776): Anguilla, Bahamas, Bermuda, Cayman Islands, British Virgin Islands, Lebanon, Montserrat, Nauru, Samoa, Turks and Caicos Islands, United Arab Emirates.

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