HM Government of Gibraltar has today published confirmation that Spain’s Ministry of Finance has issued a draft Ministerial Order to remove Gibraltar from its list of non-cooperative jurisdictions, marking a significant and long-awaited milestone.
If implemented following the short 7 day public consultation period, this will bring to an end a designation that has remained in place since 1991, despite Gibraltar’s long established record as a transparent and internationally cooperative Jurisdiction.
The proposal recognises that Gibraltar now satisfies Spain’s domestic criteria for fiscal transparency and tax fairness, aligning Spain’s position with Gibraltar’s standing internationally, including its OECD “white list” status for many years.
Beyond the symbolism, the practical implications are important. Gibraltar’s inclusion on the Spanish blacklist has historically triggered a range of adverse domestic tax consequences, particularly affecting individuals and businesses with cross-border connections. Its removal should therefore reduce friction, provide greater certainty in residency and structuring considerations, and remove a number of technical barriers that have persisted notwithstanding the Gibraltar-Spain Tax Agreement.
It is also noteworthy that this step fulfils a commitment given by Spain when the Gibraltar-Spain Tax Agreement entered into force in March 2021, albeit later than originally envisaged. The publication of the draft Order suggests that Spain is now moving to honour that undertaking.
From a broader perspective, this development reflects Gibraltar’s continued alignment with evolving international tax standards and its positioning as a credible, well-regulated financial services jurisdiction.
Importantly, this announcement comes at a time when agreement has been reached on the future UK–EU treaty in respect of Gibraltar, with implementation expected shortly. That treaty is expected to remove the physical border between Gibraltar and Spain, fundamentally reshaping the movement of people, goods and services across the frontier.
Taken together, these developments point to a clear and very positive shift in the cross-border dynamic, moving away from historic friction and toward greater cooperation, legal certainty and economic alignment.
Overall, this represents a genuinely significant moment for Gibraltar, with meaningful implications for its international positioning and for businesses and individuals operating across the region, aligning itself to the stated ambition of the European Union, Spain, the United Kingdom and Gibraltar of a shared prosperity for the region.