(b) The chief executive of Xalam Co, an exporter of specialist equipment, has asked for ad

Question

(b) The chief executive of Xalam Co, an exporter of specialist equipment, has asked for advice on the accounting

treatment and disclosure of payments made for security consultancy services. The payments, which aim to

ensure that consignments are not impounded in the destination country of a major customer, may be material to

the financial statements for the year ending 30 June 2006. Xalam does not treat these payments as tax

deductible. (4 marks)

Required:

Identify and comment on the ethical and other professional issues raised by each of these matters and state what

action, if any, Dedza should now take.

NOTE: The mark allocation is shown against each of the three situations.

Answer 1

正确答案：
(b) Advice on payments
■ As compared with (a) there is no obvious tax issue. Xalam is not overstating expenditure for tax purposes.
■ The payments being made for security consultancy services amount to a bribe. Corruption and bribery (and extortion)
are designated categories of money laundering offence under ‘The Forty Recommendations’ of the Financial Action Task
Force on Money Laundering (FATF).
■ Xalam clearly benefits from the payments as it receives income from the contract with the major customer. This is
criminal property and possession of it is a money laundering offence.
■ Dedza should consider the seriousness of the disclosure made by the chief executive in the context of domestic law.
■ Dedza should consider its knowledge of import duties etc in the destination country before recommending a course of
action to Xalam.
■ Dedza may be guilty of a money laundering offence if the matter is not reported. If a report to the FIU is considered
necessary then Dedza should encourage Xalam to make voluntary disclosure. If Xalam does not, Dedza will not be in
breach of client confidentiality for reporting knowledge of a suspicious transaction.
Tutorial note: Making a report takes precedence over client confidentiality.