II
110th CONGRESS
1st Session
S. 1623
IN THE SENATE OF THE UNITED STATES
June 14, 2007
Mr. Inhofe (for himself, Mr. Nelson of Nebraska, Ms. Snowe, Mr. Stevens, Mr. Bunning, Mr. Crapo, Mr. Craig, Mr. Kyl, Mr. Ensign, Mr. Coburn, Mr. Shelby, Mr. Chambliss, Mrs. Hutchison, Mr. Vitter, Mr. Sessions, Mr. Thune, Mr. Bond, Mr. Smith, Mr. Cochran, Mr. Burr, Mrs. Dole, and Mr. Allard) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
A BILL
To require the withholding of United States contributions to the United Nations until the President certifies that the United Nations is not engaged in global taxation schemes.
Short title
This Act may be cited as
the Protection against United Nations
Taxation Act of 2007
, the PUNT Act of 2007
, or the
Helms-Biden Reauthorization Act of
2007
.
Findings
Congress makes the following findings:
Congress has
previously taken action in opposition to United Nations taxation schemes in
section 921 of the United Nations Reform Act of 1999 (chapter 2 of title IX of
the Admiral James W. Nance and Meg Donovan Foreign Relations Act, Fiscal Years
2000 and 2001 (as enacted into law by section 1000(a)(7) of Public Law 106–113
and contained in appendix G of that Act; 113 Stat. 1501A–478) (commonly
referred to as Helms-Biden
)).
The 2005 United
Nations’ Human Development Report, released September 7, 2005, envisages
raising additional revenue through international taxation
mechanisms
.
The 2005 United
Nations’ Human Development Report states, Several governments are
assessing the implications of an international tax on aviation fuel. Even set
at a low level, such a tax could raise $9-$10 billion a year.
.
The 2005 United
Nations’ Human Development Report states, Another proposal calls for a
flat-rate tax on airline passenger tickets,
with several countries
having reached an agreement in principle to introduce a national air
ticketing tax to finance development spending
.
The 2005 United
Nations’ Human Development Report states, Other countries have advocated
a tax on currency transactions. Indeed, Belgium has already passed legislation
on the adoption of a currency tax.
.
It has been
estimated that a Tobin tax,
named after Dr. James Tobin who
first proposed it, would raise $13,000,000,000,000 from a small levy on
international currency transactions.
The 2005 United
Nations’ Human Development Report states, Advocates for the use of
international levies to mobilize financing for development claim that the
approach would produce important benefits for the MDGs [Millennium Development
Goals] and beyond.
.
The 2005 United Nations’ Human Development Report highlights the fact that, in a 2004 report, the Government of France argues that new international taxes and fees are a good idea.
The 2005 United
Nations’ Human Development Report recognizes that the United States, in
particular, is opposed to the approach
of employing international
taxation mechanisms.
United Nations officials have made numerous and repeated proposals to provide financing for the United Nations outside the scrutiny of Member States of the United Nations, including borrowing from international financial institutions, assuming control of bonds issued by Member States, and imposing taxes on an extensive range of transactions, goods, and services.
The 1994 United
Nations' Human Development Report stated that [i]t is appropriate that
the proceeds of an international tax be devoted to international purposes and
be placed at the disposal of international institutions
.
On January 14,
1996, United Nations General Secretary Boutros Boutros-Ghali stated that an
international tax would mean that [he would] not be under the daily
financial will of the Member States
.
The United Nations and its organizations are replete with mismanagement, waste, corruption, and inefficiency which cost American taxpayers millions of dollars each year.
The power to tax is an attribute of sovereignty.
The United Nations does not have the attributes of sovereignty and is not a sovereign power.
The United Nations has no legal authority to impose taxes on United States citizens.
On August 30,
2005, the United States Representative to the United Nations wrote to
colleagues at the United Nations to caution against international spending
targets which bear no relation to countries’ needs or ability to use aid
effectively
and to warn against ignor[ing] the need for an
enabling environment at the national level for aid to be effective in promoting
development
.
The Report of the United Nations Commission on the Private Sector and Development estimates that developing countries have $9,400,000,000,000 in private financial assets that cannot be fully mobilized because of corruption and inadequate legal protection for property and contracts.
On August 30,
2005, the United States Representative to the United Nations observed,
Prosperity requires institutions at the national level that generate
wealth and enable countries to participate in the global
economy.
.
As a matter of prioritization, foreign national and international corruption and legal protection for property and contracts must be addressed before additional spending of American taxpayer dollars on foreign aid exacerbates these problems.
On August 30,
2005, the United States Representative to the United Nations observed,
Development is about putting into place a complex set of policies and
institutions that will generate economic growth and sustain it over the long
haul to the benefit of all countries.
.
On August 30,
2005, the United States Representative to the United Nations observed, A
global partnership is predicated on the acceptance by developing countries of
their national responsibility to undertake specific reforms to improve their
economic governance and respect for human rights and the rule of
law.
.
On August 30,
2005, the United States Representative to the United Nations stated clearly and
firmly that the United States is unable to agree
to new
open-ended donor financial commitments
.
On August 30,
2005, the United States Representative to the United Nations stated clearly and
firmly that the U.S. does not accept global aid targets or global
taxes
.
Any activity by United Nations officials, personnel, agents, or contractors to develop, advocate, or promote international taxes or fees, except as noted in section 3(b)(4), is unacceptable and must be thoroughly investigated.
On August 30,
2005, the United States Representative to the United Nations cautioned against
global governance
and objected to assert[ing] a primacy
for the United Nations in international economic governance without respecting
the roles and mandates of other institutions
.
On March 21,
2005, United Nations Secretary-General Kofi Annan addressed the General
Assembly to present a report entitled, In Larger Freedom
that
advocates, Global development assistance must be more than doubled over
the next few years. … Each developed country that has not already done so
should establish a timetable to achieve the 0.7% target of gross national
income for official development assistance no later than 2015, starting with
significant increases no later than 2006, and reaching 0.5% by 2009. The
increase should be front-loaded through an International Finance Facility, and
other innovative sources of financing should be considered for the longer
term.
.
The term
innovative sources of financing
involves developing, advocating,
endorsing, publicizing, promoting, and collecting international taxes and
fees.
According to the
In Larger Freedom
report, the United Nations proposes to create
an international revenue service named the International Finance
Facility.
This proposed international revenue service would extract long-term binding financial commitments from developed nations and collect this money.
This proposed international revenue service would also issue debt on the global market for bonds issued by supranational institutions and agencies and transfer wealth to developing nations.
The January 2003
proposal of the United Kingdom for an International Financing Facility, which
the United Nations has endorsed, states, There have been other proposals
for new and innovative ways to raise funds to meet these goals, including a
Tobin tax, arms tax and an issue of IMF special drawing rights
(SDRs).
.
On Friday, June
10, 2005, at the United Nations in New York, the Inter-Parliamentary Union
(IPU), in cooperation with the United Nations Department for Economic and
Social Affairs (Financing for Development Office), organized a panel discussion
entitled, Promoting innovative sources of financing for development:
What role for parliaments?
.
The United
Nations panel of June 10, 2005, laid the lobbying groundwork for global taxes
and fees, stating The panel aimed at providing the United Nations with a
first direct impression of the political support that currently exists at the
parliamentary level or that may be mobilized in future for innovative sources
of development financing.
.
The United
Nations panel of June 10, 2005, concluded that most proposed new sources
of financing will eventually require a legislative framework either to regulate
existing financing mechanisms or to create brand new ones
.
The United
Nations panel of June 10, 2005, stated, [T]he role of parliaments is
essential to mobilize the required political support for the various innovative
mechanisms on the table.
.
The United
Nations panel of June 10, 2005, lobbied to maximize new international taxes,
The seven parliamentarians on the panel agreed that no single innovative
proposal alone would suffice to fill the financing gap left open by traditional
sources (estimated between 50 and 100 billion dollars a year). It was important
therefore that a number of proposals be advanced at the same
time.
.
The United
Nations panel of June 10, 2005, explained the rationale behind the first, most
promising way to levy new international revenues from the likes of United
States nationals, stating, Among these, the IFF was likely to be a
favourite because it did not require universality, could mobilize considerable
sums, created a more predictable and stable flow, and could easily be
scrutinized by contributing countries’ parliaments. Because the IFF can be
implemented in the short term, it constitutes the most rapid response. … The
first IFF, to raise $4 billion … will be launched this year.
.
The United
Nations panel of June 10, 2005, lobbied to find the most efficient way to
transfer wealth out of the United States, stating, On remittances, the
impression of the panel was that it should not be too difficult to find some
creative solution to reduce the average 20 percent transaction fee, and thus
increase the overall flow.
.
The United
Nations panel of June 10, 2005, lobbied to make life easier for illegal
immigrants, stating, A more intractable problem, however, has to do with
facilitating money transfers for illegal migrants who fear exposure to the
authorities. The situation has become particularly difficult in the United
States, the largest remittance-sending country, following the tightening of
security measures since the September 11th attacks.
.
The United
Nations panel of June 10, 2005, confronted the challenges of international
taxation and offered some glimmer of hope, When it comes to discussions
about international taxation, some of the parliamentarians on the panel felt
strongly that this would for several years to come be a political non-starter
in too many legislatures (although the Canadian House of Commons did adopt a
motion on an international currency transaction tax that expressed support for
such a tax
.in concert with the international community
). The
reasons adduced for this negative assessment were the classic ones:
international taxes can distort investment and trade flows, can undermine
national sovereignty, may be impossible to universalize, and may even tamper
with a country’s defence capacities (in the case of taxes on arms
sales).
In order to tax
with the greatest of ease, the United Nations panel of June 10, 2005, advocated
the following: For other panelists, however, at least some new fiscal
levies could be instituted without seeking a universal consensus. The best
example of this is given by flight departure taxes; these can be implemented at
the country level and can generate a fairly predictable and rich
stream.
.
On August 28,
2005, Asia-Europe Dialogue & Partner offered their Declaration on
Innovative Sources of Financing for Development, At the initiative of
President Luiz Inácio Lula da Silva, of Brazil, we gathered in New York, on
20th September 2004, to … increase financing for development. … [T]he
international discussions of innovative sources of funding have gained
momentum. The issue has become a regular feature in UN discussions on financing
for development and has been in the agenda of multilateral financial
institutions and other important international fora.
.
The United
Nations General Assembly agenda item dated on October 15, 2004, and titled
Follow-up to and implementation of the outcome of the International
Conference on Financing for Development
states the determination of the
General Assembly to continue to implement and build further on the
commitments made and agreements reached at the International Conference on
Financing for Development and to strengthen the coordinated and coherent
engagement of all relevant stakeholders in the financing for development
process
.
The World Federalist Movement Web page on Global Economic Governance states that organization’s position on global levies or taxes, noting the United Nations’ calls for major efforts to mobilize additional financial resources and stating that a treaty or convention for collection of revenues for funding is in the works:
For multilateral institutions to be effective and independent they must have stable and adequate funding. There is a fundamental need for new financial mechanisms to provide for a strengthened and democratized multilateral system. Since the U.N. conference on Financing for Development in 2002, more intergovernmental attention has been given to the possibility of innovative sources of finance such as environmental charge, currency transaction taxation, taxation of arms trade, International Financial Facility as proposed by the British government, and remittance’s benefits as well as voluntary contributions through credit cards and lotteries.
Several
reports have been written on the feasibility of some of these innovative
sources of finance by Member-States and U.N. bodies. In the note by the U.N.
Secretary-General on innovative sources of financing for development, he calls
for major efforts by developing countries and the international
community to mobilize additional financial resource
. Brazil, France,
Chile and Spain have taken the lead in a campaign for Action against Hunger and
Poverty emphasizing the need for innovative finance mechanisms if the
Millennium Development Goals (MDGs) are to be accomplished.
Whereas the current intergovernmental debate about innovative sources of finance is placed within the framework of financing development and more specifically the MDGs, WFM believes that the debate should be seen in a broader perspective to also include the element of independent funding of multilateral organizations.
At present the most powerful countries provide the vast majority of funding for international organizations and possess an immense and unbalanced control over the political decisions of these organizations. To reverse this trend, WFM calls for a mixture of state and independent funding of international organizations to ensure fair and democratic decision-making processes exempt from power politics. WFM thus believes that independent funding for multilateral organizations would address the challenges and obstacles for achieving democratic global governance.
WFM specifically consider the global taxation of transnational currency transactions to be the most important source of independent funding and advocates a global implementation of the Tobin tax. Eventually, in cooperation with other NGOs and legal experts, WFM hopes to draft a treaty or convention for collection of revenues for funding the multilateral system that can be proposed and carried forth in intergovernmental processes.
.
The International Financial Institutions in Latin America state on their Web page the following:
Another study on innovative sources of financing for development, commissioned by the U.N. from WIDER (The World Institute for Development Economics Research), was published in August 2004. Undertaken by Professor Anthony B. Atkinson of Nuffield College, Oxford University, the study examines some of the same potential sources for additional aid as well as considering how international taxes might be administered by national authorities.
In addition to
the Tobin tax, it considers a global environmental levy, a carbon-use tax,
applied at a rate of US4.8 cents a US gallon (E 0.01 per litre). This tax
levied only on high-income countries could indeed raise some US$60
billion a
year
.
.
On August 17,
2004, the United Nations General Assembly distributed a document entitled,
Innovative Sources of Financing for Development
, which stated
the following:
The General Assembly, in its resolution 58/230 of 23 December 2003, decided to consider at its fifty-ninth session possible innovative sources of financing for development, and requested the Secretary-General to submit the result of the analysis on this issue as called for in paragraph 44 of the Monterrey Consensus of the International Conference on Financing for Development. In the Consensus, heads of State and Government recognized the value of exploring innovative sources of finance provided that those sources did not unduly burden developing countries, and agreed to study, in the appropriate forums, the results of the analysis requested from the Secretary-General on possible innovative sources of finance.
In this connection, it should be recalled that the General Assembly, in the context of the five-year review of the implementation of the outcome of the World Summit for Social Development, adopted resolution S–24/2 of 1 July 2000, on further initiatives for social development, in which it called for a rigorous analysis of the advantages, disadvantages and other implications of proposals for developing new and innovative sources of funding, both public and private, for dedication to social development and poverty eradication programmes.
In response to the decisions of the Assembly, the Department of Economic and Social Affairs of the United Nations Secretariat commissioned the World Institute for Development Economics Research of the United Nations University (UNUWIDER) to undertake, during the period from 2003 to 2004, a study of new and innovative sources of development finance. The purpose of the study was not to devise new financing mechanisms for development but to consider some of the better-known existing proposals, focusing on their design and policy implications. An international expert on fiscal issues, Professor Anthony B. Atkinson, Warden of Nuffield College, Oxford University, led the project, which engaged a number of academics to prepare separate papers on a selection of innovative financing proposals. The UNU-WIDER study, entitled New Sources of Development Finance, will be published by Oxford University Press in 2004.
An edited
version of a policy-focused summary, entitled New Sources of Development
Finance: Funding the Millennium Development Goals
, prepared by
Professor Atkinson in his capacity as director of the UNU-WIDER study, is
contained in the annex to the present note. It presents the analytical
framework, short summaries of the seven proposed sources of funding (i.e.,
global environmental taxes, tax on currency transactions, creation of new
special drawing rights, an international finance facility, increased private
donations for development, a global lottery and global premium bond, and
increased remittances from emigrants), an overview of the key findings, and
some
conclusions.
.
The foreword to
the United Nations University book entitled New Sources of Development
Finance
observes that, Proposals for any form of global taxation
meet immediate opposition from powerful elements in the US Congress. On the
other hand, there is widespread appreciation of the need for new resource flows
… .
.
The foreword to
the book also explains that earmarking of taxes for particular uses can be an
effective tactic for the implementation of new taxes, stating that [w]e
can learn from the analysis of the ear-marking of taxes …
.
The foreword to
the book also clearly explains the lobbying goal of the book, stating,
The ultimate aim is to help break the present impasse in external
finance for developing countries, and we believe this study will make an
important contribution to the debate.
.
One contributor
to New Sources of Development Finance suggests that taxes be collected by
national governments and then provided for international purposes, perhaps
through an international agency
. Another contributor suggests
the establishment of a World Tax Authority
under the United
Nations system.
In June 2001,
Ruben P. Mendez, formerly of the United Nations Development Programme,
presented a paper entitled The Case for Global Taxes: An
Overview
to the United Nations ad hoc Expert Group Meeting on
Innovation in Mobilizing Global Resources for Development.
In The
Case for Global Taxes
Mr. Mendez claims that as a percentage of gross
national product, official development assistance from the United States to
foreign nations runs at about 0.22 per cent, or less than one-third of
the universally accepted norm of 0.7 per cent
and explains that the
public transfer of resources from the United States to foreign nations could be
brought to 22 to 28 percent, or one hundred times what it is now, through a
formal system of international taxation of the United States.
According to
Jeffrey D. Sachs, a Special Advisor to United Nations Secretary-General Annan
on the Millennium Development Goals, the rate of United States assistance
remains at 0.15 percent and, therefore, We are short by $65 billion each
year.
.
In his 2001
United Nations paper, Mr. Mendez states, Permits to pollute, in fact,
are a form of corrective, or
.Pigovian
, taxation and could
presage the acceptance of global taxation per se in view of the interest of the
big industrial polluting nations in this approach.
The 2001 United
Nations paper continues, In the international economy, however, the
global commons are generally used free of charge. It is therefore only logical
to have a system of global taxes, or user charges. The global commons may be
defined as those physical attributes of the universe that fall outside national
jurisdiction or ownership. In addition to the traditional, tangible kinds of
geographical space and features, e.g., land, bodies of water, ocean depths,
air, natural resources and ecosystems, they include impalpable but nevertheless
important physical facts such as the different levels of outer space, the
orbits of geostationary satellites, and the electromagnetic
spectrum.
.
The 2001 United
Nations paper reflects, Nobel Memorial Prize-winning economist James
Tobin of Yale has proposed taxing foreign exchange transactions … . Professor
Tobin has noted that it could also be a
.terrific fund raiser
that could cover everything
—a potential that has not been lost
on people concerned with international fund raising, who have now latched on to
the Tobin tax
bandwagon.
Journalist
Steven Solomon, a former staff reporter at Forbes Magazine, estimates that the
Tobin tax might net some $13 trillion a year
.
The 2001 United Nations paper alternately advocates the creation of a foreign currency exchange to replace the role banks currently play and to levy user charges.
The 2001 United
Nations paper also advocates an ad valorem tax on international trade, which
the paper claims is justified, arguing, trade uses the global commons,
and 95 percent consists of goods transported by ocean freight. It would be a
form of user fee. An alternative would be a tax on ocean
freight.
The 2001 United
Nations paper also advocates, Military expenditures and arms transfers
could also be taxed.
.
The 2001 United
Nations paper also advocates, Taxes could also be on specific traded
commodities, for instance, internationally traded oil, other exhaustible
materials … or manufactured goods.
.
The 2001 United
Nations paper also advocates serious attempts to compensate [developing
countries] for the opportunity costs of conservation or to promote the
generation of positive externalities whose returns these countries are unable
to capture
.
The 2001 United
Nations paper also advocates taxing, overflight, stating, Like the high
seas, international air space provides a passage for international transport.
Since it lies outside national jurisdiction, is used by aircraft of various
nations and is congestible, there is logic behind having the international
public sector assert global ownership and charge user fees. One way this could
be accomplished is through a surcharge on international air tickets, a proposal
suggested by former Secretary-General Boutros Boutros-Ghali, but not repeated
since an outcry by a group of US congressmen.
.
The 2001 United
Nations paper also advocates, In addition to taxing and tapping foreign
exchange transactions, discussed at the beginning of this section, there are
two measures of a monetary nature, with considerable possibilities for fund
raising, that are worth revisiting: Special drawing rights (SDRs) and IMF gold
holdings.
.
The 2001 United
Nations paper also advocates, The
.Bhagwati tax
is one of
many which have an economic and ethical rationale but must be appraised in
terms of political and national juridical considerations. Although not
presented initially within a public economics framework, it can be seen as a
way for the developed countries to compensate generators of positive
externalities—the countries of origin of the highly trained emigrants, who
benefit the receiving countries and do not produce returns that can be captured
by their home countries. Such taxes have existed for some time, such as the
exit taxes of the Russian Federation and the former USSR, although Bhagwati's
point is that it is the beneficiaries, including the recipient countries, which
should pay the taxes.
In the 2001
United Nations paper, Mendez declared that, The concept of automaticity
in international public financing [mandatory international taxation] was first
discussed in an official international forum in 1977, at the United Nations
Conference on Desertification (UNCOD) in Nairobi. It was developed and
incorporated in concrete proposals in subsequent studies and reports, in 1978
and 1980, by the United Nations Environmental Programme (UNEP) and the
Secretary-General to the Economic and Social Council (ECOSOC) and the General
Assembly on financing the UNCOD Plan of Action. These proposals were first
analysed in an international public finance framework in my 1992 book on the
subject … .
.
The global tax
proposals have thus been developed from 1977 to the present, calling into
question the validity of the Helms-Biden certification required under section
921 of the United Nations Reform Act of 1999 (chapter 2 of title IX of the
Admiral James W. Nance and Meg Donovan Foreign Relations Act, Fiscal Years 2000
and 2001 (as enacted into law by section 1000(a)(7) of Public Law 106–113 and
contained in appendix G of that Act; 113 Stat. 1501A–478) (commonly referred to
as Helms-Biden
)).
The 2001 United
Nations paper concludes simply that the dawn of global taxation appears
to be at hand
.
The handling by
the United Nations of the global tax issue is discussed in the book,
World Democratic Federalism,
by Myron J. Frankman, who says that
one factor behind the hostile reaction
of the United States
Congress to activity by the UN aimed at the promotion of any global
taxes was the publication by the United Nations Development Program of a 1996
book titled,
.The Tobin Tax
The United Nations and international organizations have developed, advocated, endorsed, promoted, and publicized proposals concerning the imposition of taxes and fees on United States nationals in order to raise revenue for the United Nations and international organizations.
Payment of certain contributions contingent upon certification of no united nations taxation schemes
Withholding of portion of assessed contributions
Notwithstanding any other provision of law, until the President submits the certification required under subsection (b) for a fiscal year, the United States shall withhold during such year 20 percent of assessed contributions to the regular budget of the United Nations and other applicable international organizations.
Certification
Certification required
The certification referred to in subsection (a) is an annual certification made by the President to Congress that the following conditions have been met:
No united nations legal taxation authority
Except as provided in paragraph (2), neither the United Nations nor any of its specialized or affiliated agencies nor any other international organization has the authority under United States law to impose taxes or fees on the United States Government or on the several States or on United States corporate citizens or on United States nationals.
No taxes or fees
Except as provided in paragraph (2), a tax or fee has not been imposed on the United States Government or on the several States or on United States corporate citizens or on United States nationals by the United Nations or any of its specialized or affiliated agencies or any other international organization.
No taxation proposals
Except as provided in paragraph (2), neither the United Nations nor any of its specialized or affiliated agencies nor any other international organization has developed, advocated, endorsed, promoted, or publicized any proposal concerning the imposition of a tax or fee on any United States national or any income earned in the United States in order to raise revenue for the United Nations, any foreign government, or any international organization.
Exception
The conditions in subparagraphs (A) through (C) of paragraph (1) do not apply to—
fees for publications or other kinds of fees that are not tantamount to a tax on United States citizens;
the World Intellectual Property Organization; or
the staff assessment costs of the United Nations and its specialized or affiliated agencies.
Savings clause
Enforcement of restrictions
In House of Representatives
It shall not be in order in the House of Representatives to consider any bill, joint resolution, amendment, motion, or conference report suspending, waiving, or repealing the requirement in section 3(a).
In Senate
It shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report suspending, waiving, or repealing the requirement in section 3(a).
Waiver of rule in Senate
Subsection (a) may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn.
Appeals
Procedure
Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, resolution, amendment, or conference report, as the case may be.
Sustainability of appeal
An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.