SCHEDULE Wednesday, September 26th 6:00pm - 9:00pm Exhibitor Set Up 7:00pm - 8:30pm Welcome Cocktail Reception / Early Registration Sponsored by Please Join us at Terrace the Riu Plaza Hotel where the view of the city´s modern skyline can be admired at its best. Enjoy Signature Panamanian cocktails with light appetizers as you meet other delegates attending the conference and get reacquainted with colleagues from other jurisdictions. Thursday, September 27th NOTE: Simultaneous translation to and from English/Spanish will be available for every presentation. Business casual attire is suggested for the duration of the conference. 7:15am - 8:00am 8:00am - 8:40am 8 Continental Breakfast, Registration & Meet the Sponsors Opening Remarks LATAM 2012, PANAMA - DELEGATE HANDBOOK Ivan Hooper, STEP LatAm Conference Chair, Uruguay John Lawrence, Deputy Chair, STEP WW Alberto Diamond, Superintendent of Banks of the Republic of Panama 8:45am - 9:25am Ultra-High Net Worth: An Economist’s Global Perspective of Where the Wealthy Are and How it Affects Latin America Jeffrey Rosensweig will take us on a global tour of concentrations of ultra-high net worth individuals, where they are located, where does their wealth come from and how does that impact the LatAm market place. 9:30am - 10:30am Latin America and IFCs: Partners in a Transparent World Is the traditionally perceived view of the relationship between IFCs and Latin America outdated? Such issues as to whether IFCs perform a role in the legitimate movement of investment capital within a world of increasing global transparency and how such increasing transparency impacts the use of IFCs for Latin American planning will be examined and discussed. COFFEE BREAK 11:00am - 11:40am Tax Reform/ Latin American Regional Update (Spanish) Estate planning continues to be influenced in many countries by a variety of tax considerations related with changes in domestic tax law. A panel of experts from several countries, will provide in-depth insight about how current tax developments are impacting estate planning in each country. AML: Current Issues for Latin America International standards on AML and countering the financing of terrorism impact us all. However, advisers and clients from LatAm countries sometimes face particular hurdles and current issues, including how LatAm countries have fared in assessments by the supranational bodies and others; where LatAm fits into the grand scheme of global developments on AML; cooperation between regulators in LatAm and IFCs and any particular issues with clients from certain LatAm countries, will be examined. 12:30pm - 1:45pm LUNCH Adolfo Linares, Tapia, Linares & Alfaro, Panama Andrew Miller, Walkers, Cayman Islands Hon. L. Ryan Pinder, The Government of The Bahamas, Bahamas Moderator: Richard Hay, Stikeman Elliott, United Kingdom Sponsored by 10:30am - 11:00am 11:45am - 12:25pm Jeffrey A. Rosensweig, Goizueta Business School, Emory University, USA Luz Clemencia Alfonso, Lewin & Wills Abogados, Colombia Javier Canosa, Canosa Abogados, Argentina Miguel Macias Carmigniani, Macias Hurtado y Macias, Abogados, Ecuador Moderator: Ron Evans, Baker & McKenzie, Venezuela Ben Tonner, Samson & McGrath, Cayman Islands Presenting Sponsor September 27–28, 2012 Hotel Riu Plaza 9 1:45pm - 2:30pm Accidental Gringo II (Spanish) A very important topic and one of the favourites from STEP LatAm 2011, Eduardo R. Arista will further explore the circumstances under which Latin American individuals may find themselves subject to U.S. tax on their worldwide income and/or estate and some planning strategies. 2:30pm - 3:10pm The Role of the Trusted Advisor in Latin America (Spanish) The Latin American ‘private client’ looks for advice that crosses different professional disciplines and jurisdictions, including investments, tax and estate planning, as well as estate administration and sucession issues. Which professional - if any - should take the lead in assuring that the Client receives comprehensive advice? Santiago Ulloa of Genspring Family Offices discusses his experience on this subject in working with ultra high net worth families in Latin America. 3:15pm - 4:15pm COFFEE BREAK 4:15pm - 5:00pm Repatriation of Funds Back Into Latin America Closing Remarks Evening Open Evening Santiago Ulloa, GenSpring Family Offices International, USA Sponsored by An earlier generation may have structured overseas assets in a less sophisticated era. The panel will look at ways of repatriating and/or restructuring such assets from a tax, disclosure and practical perspective looking at Brazil and Mexico in particular. 5:00pm - 5:30pm Eduardo Arista, Arista Law, USA Elias Adam, Tron Abogados, S.C., Mexico William Heuseler, Itaú Private Bank International, USA Andrea Nogueira, Velloza e Girotto Advogados, Brazil Moderator: Ezequiel A. Camerini, Fox Horan & Camerini LLP, USA Andrew Miller, Walkers, Cayman Islands Friday September 28th NOTE: Simultaneous translation to and from English/Spanish will be available for every presentation. Business casual attire is suggested for the duration of the conference. 10 7:45am - 8:30am Continental Breakfast and Meet the Sponsors 8:30am - 8:45am Opening Remarks LATAM 2012, PANAMA - DELEGATE HANDBOOK Joseph Kellogg, HSBC Private Bank (Miami), USA 8:45am - 9:25am Techniques and Strategies for Dealing with Family Dynamics All too often the dynamics between one generation and the next, and amongst those of the same generation, contain inherent causes of conflict. The speaker will suggest strategies for minimising those conflicts, thus ensuring a seamless transition of family assets and governance. 9:30am - 10:10am Planning for LatAm Family Businesses The family business is often the family’s most important asset. However, too often, not enough thought is given to succession, governance and related issues leading to unfortunate consequences for the family’s wealth and harmony. Strategies for pre-empting and avoiding such results will be examined. 10:10am - 10:15am Presentation of Case Study 10:15am -10:45am COFFEE BREAK Alan Heath, The Strategy Group, Inc., USA Edmund Granski, Counselor at Law, USA Andrew Miller, Walkers, Cayman Islands Sponsored by 10:45am - 11:25am & 11:30am - 12:15pm 12:15pm - 1:45pm Case Study: Corporate Governance & Structuring Delegates will have the opportunity to attend 2 of the 4 breakout sessions. A copy of the Case Study can be found in the Delegate Handbook (pg. 44 - 45) and will represent the foundation piece for each of the breakout session discussions. Breakout: Mexico Session 1: English / Session 2: Spanish Elias Adam, Tron Abogados, Mexico Breakout: Ecuador Session 1: Spanish Session 2: Spanish (with English translation) Miguel Macias Carmigniani, Macias Hurtado y Macias, Abogados, Ecuador Breakout: Colombia Session 1: Spanish / Session 2: English Patricia Arrázola Jaramillo, Arrázola & Asociados, Colombia Breakout: Brazil Session 1: English / Session 2: English Andrea Nogueira, Velloza e Girotto Advogados, Brazil LUNCH September 27–28, 2012 Hotel Riu Plaza 13 1:45pm - 2:25pm Analytical Framework of Choosing Trusts and Jurisdiction for Latin American Clients Simon Beck, Baker & McKenzie LLP, USA Latin American families have become increasingly more comfortable with trusts and more sophisticated in their estate planning. The choice of trustee and jurisdiction is a critical decision in putting together a well designed structure. The speaker will consider the key elements that distinguish the main jurisdictions and explain how these may influence a Latin American family. 2:30pm - 3:15pm FATCA: The Practicalities of Implementation Corporate structures, trusts, funds and other vehicles all fall into the scope of FATCA, not just financial Institutions. Professional advisors in Latin America face the daunting task of helping their clients identify what category of “FFI” or “NFFE” they may fit into or could be stuck with. Ms. Melinda Schmidt of KPMG is well versed on the existing draft regulations issued in February 2012 and will be able to guide us through the final regulations expected to be issued by the US Department of Treasury in late August, 2012, in particular in respect of corporate and trust structures. Sponsored by 3:15pm - 3:45pm COFFEE BREAK 3:45pm - 4:25pm Pitfalls in setting up Trusts & Foundations (Spanish) The process of constituting any estate planning vehicle requires key elements which will guarantee not only their validity but also their effectiveness. A civil law practitioner who utilizes trusts and private foundations as planning instruments in her daily practice will review these often overlooked aspects and will take us through her checklist of pitfalls to avoid and actions to be taken during their administration. 1 Melinda Schmidt, KPMG, USA Dayra Berbey de Rojas, Icaza Trust Corporation, Icaza, González-Ruiz & Alemán Panama Ronald Evans, Tax Treatment of Trusts and Foundations Baker & McKenzie, in Latin America Venezuela Trusts are creatures of common law and are generally not recognized in civil law countries such as is the case of Latin American countries. The tax treatment of foreign trusts have up to now been largely obliterated and countries are beginning to recognize that their residents are using and receiving distributions from such trusts and are beginning to develop specific rules. The panel will focus as to how foreign trusts are characterized in the region (i.e. contractual arrangements, entity type tax treatment, etc.), and the varying treatment of trusts under the tax treaty network of Latin American countries, new tax reporting requirements, etc. This will be contrasted with the tax treatment of foundations which are recognized entities under civil law and have now become of common use by families in the region. 2 14 LATAM 2012, PANAMA - DELEGATE HANDBOOK 4:30pm - 5:15pm Kidnapping: Planning for the Possibility, Dealing with the Actuality Threats of personal security and kidnapping are a harsh reality for many private clients in Latin American and a challenge for professional advisors and fiduciaries. Our two speakers will address real cases and their experiences in dealing with the actuality of an abduction, including crises negotiations, trust provisions and Trustee duties, fiduciary decision making, contrasting responsibilities and constraints under common versus civil trust law. 5:15pm -5:30pm Closing Remarks 7:15pm Buses depart The Hotel Riu Plaza for the Trump Ocean Club 7:30pm - 12:30am Guests will be welcomed by the work of one of Latin America´s most renowned artists, Fernando Botero, as they arrive at the city´s premium location: the Trump Ocean Club, for a night of tremendous entertainment… LatAm style. Be welcomed by the beat of the Congo drummers… enjoy the acrobats show while you savour magnificent flavours… let yourself succumb to the tropical rhythms of the live band, while we all celebrate the success of the Conference, and say goodbye to our newly established relations and friendships…. till next year. Evening cocktail attire recommended. 16 LATAM 2012, PANAMA - DELEGATE HANDBOOK Adolfo Gonzalez Olhovich, TMSourcing, Mexico Steve L. Cantor, Cantor & Webb, USA Dayra Berbey de Rojas, Icaza Trust Corporation, Icaza, González-Ruiz & Alemán, Panama