— U.S. Citizen Abroad (@USCitizenAbroad) July 2, 2013
This article is clearly a prequel to the announcement of a FATCA IGA. It includes the following:
There has been little debate on the issue so far, partly because no details on the talks between Canada and the U.S. have been released. However, Ottawa is promising to make the deal public once it is signed.
Privacy Commissioner Jennifer Stoddart is keeping an eye on the issue.
The commissioner’s office and the Finance Ministry have discussed the negotiations with the United States, said Valerie Lawton, a spokesperson for the commissioner. She also said Ms. Stoddart has received “a few dozen” inquiries about the U.S. law, but formal complaints cannot be filed until it is in effect.
Looks like Canada’s FATCA IGA will be done in the spirit of Nancy Pelosi:
Privacy anybody – what’s that?
The news of the last few weeks have made it very clear that the United States under the administration of Barack Obama is attempting to obliterate any remaining vestiges of human privacy. It’s the simple “FATCA of the matter”.
Queen’s Law Professor Arthur Cockfield was mentioned in this article (is this silent opposition to FATCA?). He is quoted in relation to “privacy concerns” as saying:
That concern is warranted, said Queen’s law professor Arthur Cockfield, who specializes in tax law.
“No foreign government should be able to come into our country and demand personal information about our own citizens and residents,” he said, noting that the negotiations are aimed at smoothing over this problem by ensuring exchanges are mutual and at the government-to-government level.
With respect to Professor Cockfield (who is a clear ally), the issue is providing the information to the U.S. The issue is NOT the mechanism under which it is supplied. The time has come to realize that:
- either privacy matters or it doesn’t
- either sovereignty matters or it doesn’t
- either the United States is a friendly ally or IT IS NOT.
Given the events of the last few weeks, it would insane for any country to agree to FATCA.
Last week the “It’s Time” post was the subject of discussion at the Isaac Brock Society.
If the legal avenues of opposition are not organized NOW it will be too late. To repeat:
May 30, 2013 at 8:01 pm
I read that the Eritreans had formed a group and retained the services of a human rights lawyer. Why don’t we co-ordinate as many foreign Americans as we can, spanning, say, 30 cities worldwide? We’ll need a lawyer in each city, and probably a constitutional lawyer in the US to co-ordinate the case. When we’re ready, we co-ordinate the service of 30 class action law suits at 30 embassies simultaneously. We should all challenge the ‘Saving Clause’ in the bilateral tax treaty, without which the taxing authority where we live would have precedence over the IRS; Cruel and unusual FBAR punishment; citizenship based taxation, taxation without representation etc. It seems fraught with jurisdictional and diplomatic issues, but we could at least explore the idea.
Maybe even better. Let’s try to put 1000 of us together. We all contribute according to our means, but that should give us America’s best human rights lawyer, all the way to the supreme court if need be. File in DC and make sure we’re all there for the trial. It’s not just for ourselves, it’s for all the Accidental American’s who’ll be meeting the IRS via FATCA, but most importantly, for our kids, present and future, who stand to inherit a most unfortunate ‘gene’, unless we tend to it now.
It’s time to get started.