![](https://static.isu.pub/fe/default-story-images/news.jpg?width=720&quality=85%2C50)
5 minute read
References
fight against tax evasion and other illicit financial flows. under the current World Bank group Offshore Financial Centers Policy, intermediary jurisdictions with a controlling interest in an International Finance Corporation project must be domiciled in a jurisdiction that is “compliant” or “largely compliant” with the global Forum’s exchange of information on request standards to be eligible. This policy is currently being updated to reflect the evolution of the international standards on international tax and tax transparency. 25. under the Organisation for Economic Co-operation and Development’s Base Erosion and
Profit Shifting project, countries are monitored to ensure their tax treaties are not misused for aggressive tax avoidance (treaty shopping). 26. Section 2, Indian Trusts (Amendment) Act 2016. 27. These issues include the fund’s objectives and mandates, legal structure and ownership, relationship with the sponsor, funding, investment policies, and so on. 28. Despite the fact that NSIA is owned by all tiers of government (federal, state, and local), which complicates its identity as a federal parastatal. 29. This exemption is likely to allow the government to act in times of crisis, because ISIF funds can be directed to specific sectors during financial or economic crises. 30. Section 15 of the NSIA Act 2011 gives the board the ability to make policy within the confines of the act. 31. Bilateral agreements between two countries to ensure that taxes are divided equitably and that the cross-border investor is not paying taxes in both jurisdictions. 32. The NSIA Act 2011, Section 45, anticipated and prevented such a possibility by prohibiting the NSIA from providing “any guarantee or surety, whether for payment or performance, to or on behalf of the interest, rights or obligations of any person, company or entity involved or participating in or related to an infrastructure project, other than a wholly-owned subsidiary or affiliate of the Authority.” 33. Certain kinds of infrastructure investments—such as network technology or critical infrastructure in utilities—in foreign jurisdictions may implicate national security concerns (see more on this in chapter 7 on transparency and disclosure). 34. See the Santiago Principles, gAPP 15 (IWg 2008, 8). 35. See the Santiago Principles, gAPP 15, Explanation and Commentary (IWg 2008, 19).
REFERENCES
Al-Hassan, Abdullah, michael Papaioannou, martin Skancke, and Cheng Chih Sung. 2013.
“Sovereign Wealth Funds: Aspects of governance Structures and Investment management.”
ImF Working Paper 13/231, International monetary Fund, Washington, DC. https://www .imf.org/en/Publications/WP/Issues/2016/12/31/Sovereign-Wealth-Funds-Aspects -of-governance-Structures-and-Investment-management-41046. Amusan, Lere, Luqman Saka, and Adedoyin Jolade Omede. 2017. “Sovereign Wealth Fund and
Fiscal Federalism in Nigeria (2011–14): An Assessment of Contending Issues.” Regional &
Federal Studies 27 (4): 441–63. Awadzi, Elsie Addo. 2015. “Designing Legal Frameworks for Public Debt management.” ImF
Working Paper 15/147, International monetary Fund, Washington, DC. https://www.imf .org/external/pubs/ft/wp/2015/wp15147.pdf. Born, gary B. 2012. International Arbitration: Law and Practice. Kluwer Law International. Cevik, Serhan, and Fedor miryugin. 2018. “Does Taxation Stifle Corporate Investment?
Firm-Level Evidence from ASEAN Countries.” ImF Working Paper 18/34, International monetary Fund, Washington, DC. https://www.imf.org/~/media/Files/Publications /WP/2018/wp1834.ashx. Clarkson, David, Stefan Jaecklin, and Kamil Kaczmarski. 2014. “Domiciles of Alternative Investment
Funds.” Oliver Wyman. https://www.oliverwyman.com/content/dam/oliver-wyman /global/en/2014/dec/Oliver_Wyman_Domiciles_of_Alternative_Investment_Funds.pdf. Cumming, Douglas, Na Dai, and Sofia A. Johan. 2015. “Are Hedge Funds Registered in Delaware
Different?” Journal of Corporate Finance 35 (December): 232–46. https://www.sciencedirect .com/science/article/abs/pii/S0929119915001157. Divakaran, Shanthi, Patrick J. mcginnis, and masood Shariff. 2014. “Private Equity and venture
Capital in SmEs in Developing Countries: The Role for Technical Assistance.” Policy
Research Working Paper 6287, World Bank group, Washington, DC.
EBRD (European Bank for Reconstruction and Development). 2006. “Core Principles for modern Concessions Law.” EBRD, London. https://ppp.worldbank.org/public-private -partnership/library/ebrd-core-principles-modern-concessions-law. Fenn, Patrick, and David goldstein. 2002. “Tax Considerations in Structuring uS-Based
Private Equity Funds.” International Financial Law Review, January 24, 2002. https://www .iflr.com/Article/2027251/Tax-considerations-in-structuring-uS-based-private-equity -funds.html.
Fleischer, victor. 2009. “A Theory of Taxing Sovereign Wealth.” New York University Law
Review 84 (2). https://www.nyulawreview.org/issues/volume-84-number-2/a-theory -of-taxing-sovereign-wealth/. globality and The Lawyer Research Service. 2018. “global Trends in Hiring Outside Counsel.”
The Lawyer. https://s3-eu-central-1.amazonaws.com/centaur-wp/thelawyer/prod /content/uploads/2018/01/17091634/globality-global-trends-in-hiring-outside -counsel.pdf. IWg (International Working group of Sovereign Wealth Funds). 2008. “Sovereign Wealth
Funds generally Accepted Principles and Practices: ‘Santiago Principles.’” IWg. https:// www.ifswf.org/sites/default/files/santiagoprinciples_0_0.pdf. K&L gates. 2012. “guide to Leading Arbitral Seats and Institutions.” K&L gates. http://www .klgates.com/files/upload/guidetoleadingarbitralseatsandinstitutions.pdf. morley, John. 2014. “The Separation of Funds and managers: A Theory of Investment Fund
Structure and Regulation.” Yale Law Journal 123 (5): 1228–87. OECD (Organisation for Economic Co-operation and Development). 2009. “SOEs Operating
Abroad: An Application of the OECD guidelines on Corporate governance of State-Owned
Enterprises to the Cross-Border Operations of SOEs.” OECD, Paris. https://www.oecd.org /corporate/ca/corporategovernanceofstate-ownedenterprises/44215438.pdf. OECD (Organisation for Economic Co-operation and Development). 2012. “Recommendation of the Council on Principles for Public governance of Public-Private Partnerships.” OECD,
Paris. http://www.oecd.org/governance/budgeting/PPP-Recommendation.pdf. OECD (Organisation for Economic Co-operation and Development). 2015. Policy Framework for Investment. Paris: OECD Publishing. https://www.oecd-ilibrary.org/finance-and -investment/policy-framework-for-investment-2015-edition_9789264208667 -en;jsessionid=H4pa1Tma3LxAwfRi4oTBBQiA.ip-10-240-5-135. OECD (Organisation for Economic Co-operation and Development). 2018a. “Competition Law and State-Owned Enterprises.” Background Note by the Secretariat, OECD, Paris. https:// one.oecd.org/document/DAF/COmP/gF(2018)10/en/pdf. OECD (Organisation for Economic Co-operation and Development). 2018b. “Current Trends in
Investment Policies Related to National Security and Public Order.” OECD, Paris. http:// www.oecd.org/investment/Current-trends-in-OECD-NatSec-policies.pdf. OECD (Organisation for Economic Co-operation and Development). 2020. OECD Investment
Policy Reviews: Egypt. Paris: OECD Publishing. OECD (Organisation for Economic Co-operation and Development). 2021. OECD Investment
Policy Reviews: Uruguay. Paris: OECD Publishing. Preqin. No date. “Preqin Pro: glossary of Terms.” Preqin Ltd. https://docs.preqin.com/pro /Preqin-glossary.pdf. PwC. 2012. “Sovereign Investment Funds: Tax Considerations for global Investors.” PwC. https://www.pwc.com/jp/en/tax-publications-financial-services/assets/sovereign -investment-funds-dec2012.pdf. RBC Investor & Treasury Services. 2018. “Private Capital Fund managers Consider
Luxembourg and Ireland.” Nos Perspectives, may 30, 2018. https://www.rbcits.com/fr /insights/2018/05/private_capital_fund_managers_consider_luxembourg_and_ireland. Rose, Paul. 2019. “The Political and governance Risks of Sovereign Wealth.” Annals of Corporate
Governance 4 (3): 147–271. http://dx.doi.org/10.1561/109.00000021.
SIA (School of International Arbitration, Queen mary university of London) and White & Case. 2018. “International Arbitration Survey: The Evolution of International Arbitration.” White & Case. https://www.whitecase.com/sites/whitecase/files/files/download/publications /qmul-international-arbitration-survey-2018-19.pdf. Thomson Reuters and The Lawyer. 2017. “Standing Out from the Crowd: What Businesses value from Their Law Firms.” The Lawyer. https://www.thelawyer.com/knowledge-bank /white-paper/what-businesses-value-from-law-firms/. TNN. 2015. “India Passes Bill to Amend Indian Trusts Act of 1882.” Times of India, December 10, 2015. https://timesofindia.indiatimes.com/india/LS-passes-bill-to-amend-Indian-Trusts -Act-of-1882/articleshow/50114541.cms. World Bank. 2014. Corporate Governance of State-Owned Enterprises: A Toolkit. Washington,
DC: World Bank.
World Bank. 2015. “mutual Funds in Developing markets: Addressing Challenges to growth.”
World Bank, Washington, DC.