Eswatini (Kingdom of)
1. This report is the Kingdom of Eswatini’s (Eswatini) first annual peer review report. Consistent with the agreed methodology this report covers: (i) the domestic legal and administrative framework, (ii) the exchange of information framework as well as (iii) the appropriate use of CbC reports.
2. There is no filing obligation for a CbC report in Eswatini yet.
Summary of key findings
3. Eswatini does not yet have legislation in place for implementing the BEPS Action 13 minimum standard.
4. It is recommended that Eswatini take steps to implement a domestic legal and administrative framework to impose and enforce CbC reporting requirements as soon as possible.
5. It is recommended that Eswatini take steps to put in place an exchange of information framework that allows automatic exchange of information and have QCAAs in effect with jurisdictions of the Inclusive Framework which meet the confidentiality, consistency and appropriate use prerequisites and with which Eswatini has an international exchange of information agreement in effect that allows for the automatic exchange of tax information.
6. It is recommended that Eswatini take steps to implement processes or written procedures to ensure that the exchange of information is conducted in a manner consistent with the terms of reference (OECD, 2017[3]) relating to the exchange of information framework ahead of the first exchanges of information.
7. It is recommended that Eswatini take steps to ensure that the appropriate use condition is met ahead of the first exchanges of information.
Part A: The domestic legal and administrative framework
8. Eswatini does not yet have legislation in place for implementing the BEPS Action 13 minimum standard.
Part B: The exchange of information framework
(a) Exchange of information framework
10. As of 31 March 2020, Eswatini has no bilateral relationships in place for the exchange of CbC reports. It is recommended that Eswatini take steps to have qualifying competent authority agreements in effect with jurisdictions of the Inclusive Framework that meet the confidentiality, consistency and appropriate use conditions and with which Eswatini has an international exchange of information agreement in effect that allows for the automatic exchange of tax information.
(b) Content of information exchanged
11. Eswatini does not have processes or written procedures in place that are intended to ensure that each of the mandatory fields of information required in the CbC reporting template are present in the information exchanged.
(c) Completeness of exchanges
12. Eswatini does not have processes or written procedures in place that are intended to ensure that CbC reports are exchanged with all tax jurisdictions listed in Table 1 of a CbC report with which it should exchange information as per the relevant QCAA.
(d) Timeliness of exchanges
13. Eswatini does not have processes or written procedures in place that are intended to ensure that the information to be exchanged is transmitted to the relevant jurisdictions in accordance with the timelines provided for in the relevant QCAAs.
(e) Temporary suspension of exchange or termination of QCAA
14. Eswatini does not have processes or written procedures in place that are intended to ensure that a temporary suspension of the exchange of information or termination of a relevant QCAA would be carried out only as per the conditions set out in the relevant QCAA.
(f) Consultation with other Competent Authority before determining systemic failure or significant non-compliance
15. Eswatini does not have processes or written procedures in place that are intended to ensure that its Competent Authority consults with the other Competent Authority before making a determination of systemic failure or significant non-compliance with the terms of the relevant QCAA by that other Competent Authority.
(g) Format for information exchange
16. Eswatini has not confirmed the format that will be used for the international exchange of CbC reports.
(h) Method for transmission
17. Eswatini has not confirmed the mechanism that it will use to exchange CbC reports.
Conclusion
18. It is recommended that Eswatini take steps to have qualifying competent authority agreements in effect with jurisdictions of the Inclusive Framework that meet the confidentiality, consistency and appropriate use conditions and with which Eswatini has an international exchange of information agreement in effect that allows for the automatic exchange of tax information.
19. It is recommended that Eswatini take steps to implement processes or written procedures to ensure that the exchange of information is conducted in a manner consistent with the terms of reference (OECD, 2017[3]) relating to the exchange of information framework ahead of its first exchanges of information.
Part C: Appropriate use
References
OECD (2017), Terms of reference for the conduct of peer review of the Action 13 minimum standard on country-by-country reporting, OECD Publishing, https://www.oecd.org/tax/beps/beps-action-13-on-country-by-country-reporting-peer-review-documents.pdf. [3]