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Offshore Secrecy Endures as British Overseas Territories Miss Deadline for Beneficial Ownership Transparency

Efforts to clamp down on money laundering and dismantle the use of opaque offshore structures have hit a formidable wall as several British Overseas Territories (BOTs) failed to meet the UK’s deadline for instituting public registers of beneficial ownership. Despite sustained diplomatic pressure, four out of five key territories that had earlier pledged to enhance transparency have not enacted measures that would allow law enforcement and other legitimate stakeholders to uncover the true identities behind shell companies operating within their jurisdictions. The lapse marks a high-profile blow to global transparency efforts and raises serious questions about the credibility of the UK’s anti-money laundering (AML) regime.


Offshore Secrecy Endures as British Overseas Territories Miss Deadline for Beneficial Ownership Transparency

Beneficial ownership registers sit at the core of modern AML frameworks, aimed at preventing criminals and corrupt individuals from cloaking their identities through layered corporate structures. Under the UK’s 2018 Sanctions and Anti-Money Laundering Act, its Overseas Territories were mandated to make beneficial ownership information publicly accessible by the end of 2023, with full implementation expected by mid-2025. The goal was to align these jurisdictions with international transparency standards, ensuring authorities could swiftly access ownership information to thwart financial crime.


The British Virgin Islands, Bermuda, Anguilla, and the Turks & Caicos Islands—all long associated with vibrant offshore finance sectors—were among those that committed to these reforms. However, as of the June 2025 deadline, only Bermuda had made significant headway. The others either failed to act or proposed frameworks that fell short of international expectations. Some proposals even included loopholes allowing company owners to be notified of inquiries or request exemptions, potentially undermining the registers’ utility and frustrating legitimate investigations.


The impasse draws renewed scrutiny to Britain’s complex constitutional relationship with its Overseas Territories. Though not sovereign nations, these territories enjoy considerable autonomy and have nurtured lucrative offshore financial industries. That autonomy, however, often clashes with the UK’s obligations under global AML conventions and its role in international bodies like the Financial Action Task Force (FATF). The continued delays have triggered international concern, particularly from the European Union, the United States, and transparency watchdogs. Critics argue that the UK’s inability—or unwillingness—to bring its territories into compliance damages its global reputation and offers safe harbor for illicit funds linked to corruption, tax evasion, and organized crime.


Debate is mounting over whether the UK should escalate its approach. One constitutional mechanism under consideration is the Order in Council, a rarely used but potent instrument through which Westminster can legislate directly for its territories. It was famously deployed in 2000 to decriminalize homosexuality in several Caribbean territories. Though seldom used in the financial regulatory sphere, the persistent resistance to transparency reforms is making this option more plausible. As international frustration grows, the pressure on the UK to take stronger action intensifies.


The BVI’s situation has grown even more precarious after its grey-listing by the FATF in 2025 for “strategic deficiencies” in its AML system. Being placed under enhanced monitoring signals that authorities globally must apply increased due diligence to financial dealings involving the territory. Such designations not only increase reputational risk for the BVI itself but also pose collateral consequences for the broader network of UK-affiliated offshore centers.


Globally, the tide is moving decisively toward greater corporate transparency. Beneficial ownership registers have become central to AML and counter-terrorism financing strategies. The European Union has led the charge, mandating public registers through its 4th and 5th Anti-Money Laundering Directives. Other regions are also adopting similar standards. FATF’s 2023 revision of Recommendation 24 significantly elevated expectations, emphasizing not just the existence of registers but their accuracy, comprehensiveness, and accessibility. Crucially, this includes the removal of obstacles such as delays or notification mechanisms that can derail investigations. Law enforcement must have fast, unencumbered access to verified ownership information if these tools are to be effective.


The UK, for its part, launched its own People with Significant Control (PSC) register in 2016 and has actively pushed for its territories and crown dependencies to follow suit. But the patchy progress among its Overseas Territories highlights both the limits of UK leverage and the persistent economic incentives that favor opacity. Some jurisdictions appear to be adopting measures that outwardly comply while retaining key structural loopholes. One such tactic involves notifying company owners when their information is requested, a move that FATF and organizations like the OECD have warned could sabotage the efficacy of beneficial ownership disclosure.


Cyprus Company Formation

The ongoing standoff underscores how deeply embedded secrecy remains in jurisdictions that profit from it. Enforcement of international AML norms in semi-autonomous regions presents formidable challenges, especially when those regions derive substantial revenue from financial services premised on confidentiality. It also opens the door to regulatory arbitrage, as jurisdictions slow-walk or dilute reforms, prompting bad actors to shift their operations to wherever scrutiny is weakest.


There are significant risks to continuing this trajectory. Grey-listings, stricter scrutiny from banks and counterparties, and reputational fallout could isolate these jurisdictions and erode investor confidence. The lack of meaningful progress undermines not only the UK’s AML credibility but also global efforts to choke off financial flows linked to criminal and terrorist activity.


The UK now faces a critical test. Its willingness to escalate pressure—whether through technical assistance, diplomatic leverage, or constitutional intervention—will reveal the depth of its commitment to transparency. Coordinated international support and sustained political will are essential for any lasting impact.


The failure of several British Overseas Territories to implement public beneficial ownership registers marks a serious blow to the fight against money laundering. As international norms tighten and tolerance for secrecy wanes, these jurisdictions face a stark decision: evolve in step with global standards or risk marginalization. Though powerful economic incentives still favor opacity, the long-term cost of non-compliance is rising. That includes FATF watchlists, loss of banking relationships, and possibly direct intervention from Westminster. Ultimately, only robust, enforceable, and timely implementation of beneficial ownership reforms will restore trust in the UK’s offshore financial network. The coming months will determine whether reform wins out—or whether entrenched secrecy will continue to cast a long shadow over global efforts to clean up dirty money.

By fLEXI tEAM


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