Q: There has been significant controversy concerning Liechtenstein’s banking system, with some calling the nation a haven for tax evaders. How does Liechtenstein balance protecting the secrecy of bank clients with its interest in eliminating tax crime?
A: It is necessary to differentiate between tax offenses which represent a “minor offense” and are collectively known as “tax evasion,” and tax offenses which are collectively known as “tax fraud,” considered criminal offenses under Liechtenstein law and pursued appropriately by our courts. In the case of tax fraud offences, we have been assisting foreign countries in the enforcement of related laws for many years. With the so-called “Liechtenstein Declaration” of March 2009 Liechtenstein recognised the standards set out by the OECD for the exchange of information related to tax evasion with foreign tax authorities upon request (i.e. such information is not provided automatically). Any third-party state can now sign a bilateral agreement with Liechtenstein on the exchange of tax-related information. Only specific requests for specific information on a specific person are covered by these agreements.
Q: Liechtenstein has historical and cultural ties to Germany. As foreign minister, could you talk about your relationship with Angela Merkel’s government?
A: Liechtenstein has had an excellent relationship with Germany for many decades. As the question suggests, that relationship is founded on a common language and a similar cultural-geographical position in the European landscape. It is reflected in a wide range of joint initiatives carried out by the two countries and a close cooperation in areas such as justice and environmental protection.
At a certain time during Chancellor Merkel’s tenure, the relationship between our countries was clouded by an unusually aggressive stance towards Liechtenstein by the incumbent German Finance Minister. The discussions were on a specific incident – the criminal sale of data to the German authorities by a Liechtenstein citizen – which was the basis for a broad campaign against “tax evaders” by German authorities. With the above-mentioned policy change the dispute eased to a large extent. It has been possible to arrive at an agreement on tax-related data, and a double taxation agreement is set to be concluded in the near future. We are looking forward to continuing the regularly excellent relationship with Germany.
Q: Liechtenstein is a member of the European Economic Area (EEA) and the European Free Trade Association (EFTA) but not the European Union (EU). What is the relationship between Liechtenstein and the EU and why has the country not joined the EU?
A: Liechtenstein has now been a member of the EEA for 15 years, and that membership has proved to be an especially suitable model for Liechtenstein’s integration into Europe, especially given the size of the country. Its EEA status entitles Liechtenstein to pursue and benefit from all four “freedoms” – freedom of persons, freedom of goods, freedom of capital and freedom of services – and this in turn makes Liechtenstein an outstanding environment for both residents and businesses. Liechtenstein is obliged to grant those same freedoms to other EEA member states, which include all 27 EU countries and not just Liechtenstein, Iceland, and Norway. The EEA does not, however, include political cooperation, which is restricted to EU countries, nor cooperation on tax-related issues. The latter requires the adoption of other legal instruments, for example the Schengen Agreement or the Anti-Fraud Agreement. Liechtenstein has already given the green light to both agreements, while EU ratification is still outstanding.
Given the advanced level of Liechtenstein’s integration into Europe, an EU membership is currently not discussed in Liechtenstein. For its part, the EU has never made a statement on the way in which it would handle accession requests from small states.
Q: The monarchy of Liechtenstein has significant amounts of power, even the constitutional authority to veto (almost) any law. How is Liechtenstein’s government consistent with representative democracy?
A: Liechtenstein is a constitutional, hereditary monarchy on a democratic and parliamentary basis. The power of State is embodied in the Reigning Prince and the People and is exercised by them in accordance with the provisions of the Constitution (article 2 of the Constitution of 1921). The Constitution stresses that the head of state (the Prince), the government, and the parliament are to work together in adopting laws. The right of Liechtenstein citizens to request a referendum and to introduce a bill is comparable to the one of Swiss citizens.
Though it is true that every law and significant element of foreign policy requires approval from the head of state, it is nevertheless extremely rare that the Prince exercises his power of veto. The contents of new laws are agreed with him well in advance. This situation is comparable to countries that have a president as their head of state – just think of the level of power and status given to the President of the United States. The only significant difference is that Liechtenstein’s head of state is not elected, but defined by the right of succession – the so-called “House law” – of the Liechtenstein Royal Family. The citizens of Liechtenstein passed the country’s constitution by a significant majority, and under specific circumstances, the constitution even allows for the removal of the head of state on the initiative of the people.


