How US law implemented by Europe discriminates against Americans.
An $800 an hour KPMG/PWC/Deloitte consulting lawyer crafted this typical bank page to forbid US residents from purchasing securities in Scandinavia, according to SEC regulations from a 1933 law.
“I confirm that I am not a U.S. Person” (A US person in normal English is all of us.) A “US person” in legalese in the Securities Act of 1933 (SEC rules) excludes US citizens who are not resident in USA. Hence, you are not disallowed from purchasing US securities and not disallowed from entering this site. However, 99.999% of the population does not know and understand this law). Hence, an immigrant in Sweden would not know that he is not a US person according to SEC rules and would not proceed.
And the $800-an-hour lawyer writes the entire sentence “I confirm that I am not a U.S. Person or a citizen of any other Ineligible Jurisdiction” and makes it so that 99.9999999999% of us do not have the full understanding to continue onwards and purchase US securities as we are allowed. In order to proceed, you need fo fully understand that the 2nd half of the sentence is independent and does not refer to the first half. You also need to have understood all of the laws of the US jurisdiction and the law of any other jurisdiction before being able to make the conclusion that legally you can proceed to enter that bank’s site.
This is why compliance lawyers are getting $800 an hour and why the world banks do not have the revenue from US citizens. Because you can’t understand the law and they can’t understand the law.
It would be nearly impossible for a bank to segregate US securities from all the securities (imagine a bank in Scandinavia having a special service only for Americans). Hence, a bank cannot allow any US persons to enter its system and violate SEC rules.
The bank can read its own confusing policy regarding investments and US persons, and first wrongly bars the American living in Scandinavia (an immigrant) from purchasing US securities.
Then, the bank doesn’t understand its own interpretation, and begins to bar US citizen immigrants from all services.
Those bank officials that do understand, have done a risk analysis and simply realize that all of this legalese would require expensive training and expose the bank to risks of punishment from the US law system. Many find it is safest and most profitable to just throw all of those (common-language) US persons out of their bank.
There is no evidence that Swedbank is throwing anyone out. However, there are other banks and financial institutions in Scandinavia, in Europe, and in the world that ARE throwing out American immigrants from their country’s banks. However, the website certainly is not encouraging American immigrants to be their customers.
However, the $800-an-hour compliance lawyers have fully enabled you disallow yourself from entering their bank. The only way to enter would be to indeed have full understanding of SEC law and any and all other laws which might be applicable. Since you don’t, you probably won’t go past their warning.
Prior to the FATCA world, most banks had at one time used some consultants and had such policies written somewhere in their books. However, it was just one other inane rule amongst all other inane rules. FATCA changed all of that. All banks now have the assignment from FATCA to locate all persons suspected of being a US person for tax purposes (not for tax law). All banks throughout the world are spending hundreds of billions of dollars to implement another interpretation of “US person”.
The practice of barring US persons for tax purposes from banks services were taken to the EU commissioner, by MEP Sophie Int Veld. The commissioner replied that this type of discrimination of American immigrants in EU is not disallowed. “Banks have the right, under the contractual freedom principle, to decide with whom they want to contract. They can in any event refuse clients for sound commercial reasons.”
The commissioner went on to say that the EU is recommending to establish one bank in each country as a haven for American immigrants in EU. (to date there is no information that the recommendation is implemented)
In a section that appears to have been edited long after publish date, the commissioner says that FATCA discrimination is not allowed according to US law in the IGA agreements. However, there is no evidence that any country has made legislation preventing discrimination against American immigrants in their countries. And EU has definitely not acted to eliminate this discrimination. In fact, the commissioner has stated why discrimination of American immigrants is allowable.
Please note that this is anonymous, the writer is not a lawyer, not a financial professional. The writer is only trying to understand everything that is not legal.
Only USA taxes based upon the status of US citizenship, regardless of their place of residence.
Citizen Rights are not purchased by taxation.
Consular services are fully funded by consular fees and have nothing to do with taxation.
America’s extra-territorial taxation was originally created as a method of PUNISHMENT for civil war deserters.
The Civil War is over. Let’s return to the founding principles .
It is time for double taxation of US citizens living outside USA to end.
Eliminate Ciizenship Based Taxation (CBT) in America and return America to the principles upon which it was founded.
RE: FOIA request to Department of State:
To: John F. Hackett, Acting Director, Office of Information Programs and Services
515 22nd Street, NW
Washington, DC 20522-8100
According the the Freedom of Information Act, please provide the number of cases of loss of citizenship (renunciation and relinquishment), as recorded in the Consular Workload and Statistics System (CWSS).
This should not be difficult to obtain the numbers and you should be able to respond very quickly because it’s an electronic database.
The best format is in an excel file, line by line, with one renunciant per line with data fields including at least: date, consular post, country, and designation as renunciation or relinquishment.
You may send an electronic file by mail, or it would be better to send the info in an attachment to an email to firstname.lastname@example.org.
The names should not be confidential as they are required to be published. However, if it should be determined to be confidential, the names could be redacted. However, again, there should not be a need to redact the names.
Please do not refer me to the Federal Register as that list is not comprehensive nor complete.
tip: the DOS congressional liaison (Scott Boswell, email@example.com) has access to this information.
Please immediately send confirmation that you have received this request and give a prognosis for fulfilling the request.
We’ve all wondered why all of this anti-immigrant and emigrant and anti-dual citizenship legislation is so popular in politics and in the news.
They’ve smeared all Americans living outside of America as FATCAts, when the reality is that Americans living outside America are just as varied as Americans living inside America.
We’ve wondered why they’ve negatively labeled the refugees from their program–those that have paid their money to renounce US citizenship, and why those legislators have created such bills as the Ex Patriot Act.
We know that there were also only 14 companies that left the USA last year (big deal). We know that organizations are not living beings. Yet, the president and Nancy Pelosi and their entire party’s platform is to smear human beings with the taint of corporations. Their backhanded slap is towards human refugees from America–renunciants. It is glaringly obvious. They say their objective is to “stop corporations from renouncing their citizenship”. They aren’t talking about corporations–they are talking about living and breathing human beings.
Well, it’s obvious to us anyways. The media and the world are “eating it up” —or “drinking the Koolaid”.
This is clear and outright smearing of refugees leaving USA. Those leaders know full well that they are misusing the language in order to smear people not living in USA.
With that language out there, that’s why some need to hide and some people need to escape as refugees.
With that language and that type of smearing, the legislators and media are desperately afraid of taking the other tact–of supporting legal immigrants inside USA, emigrants from USA, and expats on temporary assignments.
The number of legislators who are publicly praising Americans from America is zero. Not one. They are terrified of being crucified by their own media.
We wonder why they’ve smeared us and called us FATCAts.
Many US citizens have personally felt the social anti-Americanism that people carry in places like Germany, Canada, and Scandinavia. But never before, have US citizens been hated by Americans and the American media. But now, the full brunt of the media and political podiums are used to smear Americans that don’t live in America.
It turns out, that no one hates Americans more than Americans. That is–no one hates Americans not living in America than the domestic Americans that hate Americans not living in America.
So, to find out why–well—just look at the list of top political donors.
They are all domestic organizations whose interest is in keeping everything domestic.
And number 17 is the American Association for Injustice–a lobby for lawyers.
The reason why these legislators and their media are smearing you and I is because they’ve been paid to do it.
There are currently 4 or 5 legislators that have publicly stated that they support us. And we know they will. Unfortunately, they are not really able to come out in the media and give vocal support for legal immigrants inside USA and emigrants leaving USA (who are spreading the US DNA throughout the world). Without the right message–the media will chop their heads off.
What we need is these legislators to come out of their holes and stop being afraid. They need to start (via the media) telling Americans that Americans need to start supporting Americans wherever they live. When they lose their fear of their own media and get out of their holes, then maybe Americans will be allowed to live according to moral and constitutional principles—wherever they choose to live.
Subversive Sonnets: FATCA, the War of 2014
By Suki Mills, Canada
Nativity’s place generates much woe
Geography, too, can cause its own curse
Nationality, their offspring, can sow
Seeds of duality, which is much worse
For the citizens of Eritrea
And the slippery slaver, USA
Extortionists of their diaspora
Whom they hunt, threaten, tax, compel to pay
Til death knocks on their door. Land of the free,
Home of the brave until one wants to leave
Expats know the homeland’s duplicity
And freedom is something they must retrieve
They must renounce, relinquish, and refuse
A false liberty is all they will lose.
US born, Canadian bred
Now the IRS wants thy head
Having two passports is a curse
For the IRS robs thy purse
A stroke of the pen, a blink of the eye
A nudge and a wink with the doors all sealed
Then the Finance Ministry cast the dye
With the CBA crooks. Power they wield
Extreme power, privilege o’er peons
Who stand to lose Charter rights, human rights
Like Daniel, lambs to the slaughter by lions
Who fell to Treasury without a fight
Sir Isaac Brock will wail, wail in his grave
For ceding sovereignty silently
The lessons of 1812 could not stave
Off the IGA. I wept violently.
US personhood is a deadly curse
Which the Canadian government made much worse
Canadian born, US wed
Now the IRS makes thy bed
US nuptials, they will chafe
Joint accounts are no longer safe
Birth is accidental, fate can be mean
To the sorry souls who exit the womb
Of a US mother, and as they wean
Her body tainted, like a living tomb
Spreads trans-placentally her infection
Much worse than congenital syphilis
The bug, citizenship-based taxation
The vengeance, retribution, nemesis,
Of US persons who deign to depart
The homeland. Kilkenny cat claws come out
To punish people they think try to thwart
Paying their fair share. Since expats lack clout
Their mothers would be more humane to hide
Than commit financial infanticide
US born, Canadian bred
On thee, the IRS will tread
Two passport holders best beware
The IRS does not play fair
Alas, the law passed without full debate
The base omnibus bill took care of that
For Americans are easy to hate,
But the bill captured their spouses and brats
Innocents in this political match
With our corrupt neighbours who love their arms,
Who are broke. They won’t stop this money snatch
No matter the pain, no matter the harms.
With glee the banks will start their harry hunt
To out those US indicia patrons.
The CRA, not them, will bear the brunt
Of narking to the IRS on funds
Earned, saved, taxed in Canada, not down south
To feed the beast with a ravenous mouth
Identify, roundup, intern
those nasty duals. Let’s spurn,
Rob them, leave them without a cent
It’s not like there’s no precedent
Complacent dual Canadians must heed
The Isaac Brock Society. Harken
Their warning, fellow citizens don’t cede
To great acts of attainder, they blacken,
Blight, and belittle innocent victims
Of the disease of US personhood
Who now eagerly await the dictum
Of the Canadian high court that should
Strike down the IGA as unlawful,
Illegal, illicit, and seditious.
Finance’s trust breech is truly awful
Their sovereignty surrender sinuous
We sent back the invaders once before
We must not forget the 1812 war.
The Charter of Freedoms and Rights
Has left us with something to fight
Beat back FATCA’s annexation
Of a proud, free northern nation.