Antigua and Barbuda (AG)

Jurisdiction Overview

IDQuestionAnswer
158 *Are there no undue notification and appeal rights against bank information exchange on request? Yes, but some problems.
 Data Date: 2014

Notes

 
While section B2 (regarding notification and appeal rights) of Antigua's Global Forum peer review is found to be in place, we consider that there are some concerns because "Upon receipt of any information pursuant to a notice or the execution of a search warrant, the Commissioner is required to hold the information for a period of 20 days without disclosing the information to any person. If a taxpayer or interested person objects to the exchange of information, or seeks a judicial review of the Commissioner's actions, the Commissioner may extend the 20 days holding period at discretion. During this period the information is not released to the requesting party [...] Antigua and Barbuda should put in place clear guidelines to ensure that the exception to the prior notification requirement may be invoked expeditiously by the competent authority when they receive an EOI request that requires the exercise of access powers under sections 6(1) and 7 of the TIE Act. Antigua and Barbuda should also monitor the 20-day holding period and the judicial review procedure, when they receive EOI requests that require the use of these procedures, to ensure that these procedures do not impede effective EOI" (GF 2014: 74).

Sources

GF 2012: 29; GF 2014: 74