Peer Review Report - Exchange of Information on Request: Gabon 2022 (Second Round, Phase 1)
The report examines Gabon's compliance with international standards on the exchange of information on request (EOIR) for tax purposes. It assesses Gabon's legal framework and practices related to information availability, access by competent authorities, confidentiality, and rights and safeguards for taxpayers.
Key Findings
Legal and Regulatory Framework
- Ownership, Accounting, and Banking Information: Gabon's legal framework adequately covers the availability of these critical pieces of information, aligning with international standards.
- Access to Information: Competent authorities can effectively obtain and provide information, although certain aspects require improvement for full compliance.
- Confidentiality: Measures exist to protect taxpayer confidentiality, but there is room for enhancement in handling and sharing sensitive information.
- Taxpayer Rights and Safeguards: While basic protections are in place, specific improvements are recommended to strengthen rights and safeguards for taxpayers and third parties.
Exchange Mechanisms
- Exchange of Information: Gabon employs effective mechanisms for exchanging information, facilitating cooperation with relevant partners.
- Quality and Completeness of Requests: Gabon demonstrates a high level of professionalism in preparing and executing information requests, ensuring they are comprehensive and relevant.
- Confidentiality in Exchanges: Confidentiality is maintained throughout the exchange process, adhering to strict standards.
- Rights and Safeguards: Gabon ensures adequate protection for taxpayers and third parties involved in information exchanges.
Recommendations
- Enhancements are suggested in several areas, focusing on improving the legal framework for beneficial ownership, strengthening confidentiality measures, and ensuring full compliance with the Terms of Reference for the exchange of information on request.
- Specific recommendations target improving access to information, particularly for complex entities like foreign companies, and refining the record-keeping periods for financial transactions.
Conclusion
Gabon shows a strong commitment to international standards for the exchange of information on request. However, there are areas needing improvement, especially in enhancing the legal framework for beneficial ownership and confidentiality practices. The report highlights Gabon's efforts in maintaining effective exchange mechanisms and compliance with international standards, while recommending targeted improvements for further development.