History & Constitution
Gibraltar has been a crown colony of the United Kingdom since 1713 and the
British Government, which appoints a Governor of Gibraltar, retains the
responsibility for defence and international affairs.
Gibraltar is a member
of the European Union through its association with the United Kingdom but
not a member of the Customs Union with notably Value Added Tax not extending
to Gibraltar.
Gibraltar law is based on ordinances passed by the House of Assembly and
follows Common Law principles. Because of its common law basis, Gibraltar
recognises all types of Trusts.
Financial Services Regulation
Gibraltar passed the Financial Services Ordinance and Financial Services
Commission Ordinance in 1989. The affect of these ordinances was twofold,
firstly to require all businesses carrying on financial services to register
and secondly to establish a commission to police them.
The functions of the commission are broadly to keep under review the
operation of Gibraltar legislation and the effectiveness of supervision of
financial services; to monitor the extent to which the legislation complies
with EU obligations and supervisory standards in the UK; to protect the
public against financial loss arising out of dishonesty, incompetence or
malpractice. The Financial Services Commission supervises and regulates the
traditional areas of Banking, Insurance and Investment Business, and certain
controlled activities such as company management, professional trusteeship
and insurance broking.
Unlike any other Offshore Centre (and particularly all those within the UK's
influence), Gibraltar's supervisory activities are subject to regular review
by the UK Authorities. The FSC's own founding Ordinance prescribes this. The
UK is thus able to ensure that the regulatory legislation and standards of
supervision in Gibraltar match those in the UK itself.