Liberty and justice for all United States persons abroad

The Isaac Brock Society

Media and Blog Articles – Part 1 of 11 (to 26 May 2015)

You can access all years at this link:

http://isaacbrocksociety.ca/media-and-blog-articles-links-for-all-years/

EmBee suggested that it would be good if there was a thread for new articles, so that people would be aware of where to comment. So, I created this permanent page.  You could mention such articles in the comment stream for this page, or if I see one on another thread, I can copy the link to here. I’ll keep adding to the list, but not deleting, so we’ll end up having sort of a “bibliography” too.  [Note:  Some articles are not open for comments]

For more articles on FATCA, enter FATCA into Google then click on the link “more news for fatca” just below the most recent featured article.

Note also: JC suggests to see #FATCA on Twitter for latest breaking news. JC finds that is quite a good source and there even are some international articles that one may read using Google Translate.” Others may help certain tweets and articles remain in elevated position by retweeting them.

26 May 2015:  This thread is now closed.  It continues at Media and Blog Articles Open for Comment, Part 2 of 2.

2015.05.26

New Survey finds US expat voting could impact 2016 Presidential Election, Greenback Expat Tax Services, NASDAQ GlobeNewswire.

This congressional committee wants to hear all your FOIA gripes, Colby Itkowitz, Washington Post, US.

The black money recovery skills of IT department are nothing to write home about, Vivek Kaul, The Daily Reckoning.

2015.05.25

The Intersection of US Federal Tax Law with Collection of International Information- – Including Other  Federal Agencies, Patrick W. Martin, TaxExpatriaation, US.

2015.05.23

America the not so brave:  America has led the global assault on tax dodgers and their enablers.  But the reality still lags behind the rhetoric, The Economist, UK.

Cash Banned from Chase Safe Deposit Boxes, Matt Chilliak, Live and Invest News.

2015.05.22

US Steuergesetz hat unerwartete globale Konsequenzen, Colleen Graffy, Geopolitical Information Service.  Also at Consequences of US widening net to catch tax dodgers, Colleen Graffy, World Review.

The horse may have bolted … but, Angelo Venardos, Asia Asset Management.

Important Correction:  Passports Required to Enter and Leave US — but SSNs May be Optional, Patrick W. Martin, Tax Expatriation, US.

2015.05.21

Americans working abroad face unexpected financial issues, Sarah O’Brien, NBC, US.

Senate tax reform groups get more time, Bernie Becker, The Hill, US.

2015.05.20

Malaysia will defer FATCA reporting, FSI Tax Posts.

America’s Self-Inflicted Wound, Moises Naim, The Atlantic, US.

Janice Mays:  The Tax Guru Who Guides House Democrats, Alex Brown, National Journal, US.

Sen. Rand Paul Launches Filibuster in Protest of Patriot Act Renewal, C-SPAN, US.

Articles from earlier in 2015 are at this link

Articles from 2014 are at this link

Media and Blog Articles Open for Comment, Part 2, is at this link

Media and Blog Articles Open for Comment, Part 3, is at this link

3,971 thoughts on “Media and Blog Articles – Part 1 of 11 (to 26 May 2015)”

  2. For those newer to Brock there were two other times Lynne and Victoria had articles published on The Hill. They’ve also had almost 20 other articles published elsewhere. Are we lucky to have them, or what?

    July 28, 2013
    FATCA: ‘Simple premise’ gone terribly wrong
    by Lynne & Victoria
    http://thehill.com/blogs/congress-blog/foreign-policy/313775-fatca-simple-premise-gone-terribly-wrong

    August 21, 2013
    Nothing against the United States, until now
    by Lynne
    http://thehill.com/blogs/congress-blog/foreign-policy/318061-nothing-against-the-united-states-until-now-

  3. From the Federal Tax Crimes people:

    “,,,,In December 2013, the [U.S.] government obtained a warrant in the Southern District of New York for the contents of an email account hosted by Microsoft, which the government alleged had been used in narcotics trafficking. The warrant, issued pursuant to the Stored Communications Act (SCA), 18 U.S.C. §§ 2701-2712, directed Microsoft “to disclose” the contents of the email account that were within Microsoft’s “possession, custody, or control.” Microsoft stores its customer data in “the Cloud,” which in this case happened to be Microsoft’s datacenter in Dublin, Ireland. Microsoft stored the account’s content there based on the account-holder’s representation that he was located outside the U.S. Realizing that the warrant sought content from Dublin, Microsoft moved to vacate the warrant as an impermissible extraterritorial warrant. The district court denied the motion, and Microsoft renewed its challenge before the Second Circuit, which is expected to hear argument this summer…”

    “…The case is being closely watched internationally: the German government reportedly has stated that it will not store data with U.S. Cloud service providers unless the district court’s decision is reversed, and foreign technology firms are considering offering Cloud storage limited to certain countries, in an apparent attempt to put data out of the U.S.’s reach…”

    “…Emphasizing the potential international impact, Microsoft has argued that if the district court’s decision is affirmed, citizens may no longer be able rely on their own countries’ data and privacy protections, and that businesses that operate in the U.S. and abroad could be subject to potentially conflicting requirements regarding safeguarding customer privacy. This case’s ultimate resolution, whether by the Second Circuit, the Supreme Court, or congressional action, also will impact significantly the government’s ability to obtain evidence and information stored outside of the U.S…”

    http://federaltaxcrimes.blogspot.ca/2015/04/guest-blog-on-stored-communications-act.html#more

  5. @Eric

    *US citizens & green card holders’ data*

    A gc holder is considered a fake citizen of the US… we have all the restrictions of a citizen… without vote or representation… I had heard as a GC holder… before they open Cuba… it was illegal for GC holders to travel to Cuba even though it was allowable by their home country as their passport holder…. ok.. then that is another thing I can add to my illegal activities… been to Cuba a few times… my country… Canada… allowed it… But if I need *help*… go to your home country embassy… we can’t help u… oh… even citizens of the US are on their own to get out of a dangerous situation… so…. where is the benefit? In a hostage situation… US citizens move to the front of the line… but because of our closet hiding leader in Canada… they are starting to move us up the line also…

  6. Are you KIDDING ME?!

    US Democrats can pass a law that overrides Canadian privacy law to send our info to the IRS. Then the former Democrat president Bill can set up a Canadian arm of the Clinton Foundation (providing his family paycheques for political and financial favours), and use Canadian privacy law to excuse them from providing the names of high-rolling donors.
    They are corrupt scum.

    http://www.bloomberg.com/politics/articles/2015-04-29/clinton-foundation-failed-to-disclose-1-100-foreign-donations

  8. Court finds $10,000 FBAR penalties NOT excessive:

    …”No 8th Amendment Violation. The IRS imposed $10,000 per year penalties on the accounts. The court found that the imposition of such maximum penalties were not an 8th Amendment “excessive fine” violation. The court found the penalties were not disproportionate to the offence, since Congress authorized them without regard to the size of the unreported accounts, and the actual size of the account not reported here (account with balances between $300,000 and $550,000).”…

    http://www.taxconnections.com/taxblog/court-approves-fbar-penalty-and-addresses-previously-unknown-issues/#.VUD6m4hHarU

  11. While this is not a comment on any media or blog article, I know that this IBS page is so frequently viewed that I decided to post here. Encouragement to take action outside this blogsite……..

    Today, I sent the following email to as many friends, business associate and other US persons across the country that I thought might be piqued to make a donation to the upcoming litigation. Yes, we are just about at May 1. But we are not yet at August 1. So feel free to copy this letter (and/or add your own phrases) and circulate this request AS BROADLY AS POSSIBLE to the outside world (think your hairdresser, your insurance agent, your school principal, members of your book or theatre group, your religious organization, etc) . We at IBS are so familiar with this issue – – but others ARE NOT. Yet, they could be drawn in to support this cause if only we let them know how very very important – – for all Canadians – – this litigation is.

    Good morning all,

    Beyond the recent extensive submissions to the US Senate Finance Committee in regard to tax reform (http://isaacbrocksociety.ca/2015/04/16/we-delivered-monumental-submission-to-senate-finance-committee-fight-cbt/), I thought you might be interested in an update regarding the Canadian constitutional challenge against the Canadian FATCA Intergovernmental Agreement (IGA) that implemented FATCA in Canada last June. While this suit is aimed only at challenging Canada’s agreement to nationally impose FATCA, and not directly challenging FATCA itself, this law suit is unique in the world. That is, at this time ours is the ONLY active litigation in the world against the imposition of FATCA internationally. And the world is watching!

    This litigation, being financially supported through the Alliance for the Defence of Canadian Sovereignty (http://www.adcs-adsc.ca/), is about to proceed into the Federal Court of Canada (http://isaacbrocksociety.ca/2015/02/17/adcs-adsc-litigation-updates-key-actions-milestones-and-timeline-estimates/). The constitutional lawyer who is acting on behalf of the two Plaintiffs in this case (Ginny Hillis and Gwen Deegan) is Joseph Arvey (https://en.wikipedia.org/wiki/Joseph_Arvay); you may recognize his name as the lawyer who recently and successfully argued in the Supreme Court of Canada for citizens’ rights to doctor-assisted suicide.

    Given the magnitude and complexity of the IGA issue, as well as the experience and standing of the lawyer and law firm handling this case, such litigation is not an inexpensive process. Last year, shortly after the IGA was passed (as part of the massive omnibus budget bill), the engagement was made with Mr. Arvey. At that time, it was agreed that $500,000 would be raised by August 2015 to pay for this litigation. Through a multitude of small (and not so small) contributions to ADCS, $380,000 already has been accumulated. The aim was to collect $400,000 by May 1, 2015 but, unless there is a large check in the ADCS mailbox or contribution via their Paypal account today, this goal will not be reached.

    In December 2012, Mr. Peter Hogg (Professor Emeritus and former Dean of Osgood Hall Law School, and one of Canada’s most well respected experts in constitutional law) wrote a letter to Canada’s Department of Finance outlining the unconstitutionality of the then-being-considered IGA. The points Mr. Hogg made then (http://www.greenparty.ca/sites/greenparty.ca/files/attachments/peter_hogg_fatca.pdf ) remain fully valid. Unfortunately, given that the IGA is now law, our case must be made in court.

    Two plaintiffs have put their lives on the line for all of us who want to rescind the IGA and rebuild the Charter of Rights and Freedoms (the basis of an expanse of Canadian law and legal precedents that we hold dear as articulating Canadian values). To support them, as our representatives challenging the Government of Canada in this matter, we MUST achieve the agreed $500,000, especially with court activity beginning in just a few months. While all of you are US-connected, and all-too-aware of FATCA and the IGA, you (and others you know) also can look at this case as a fight against the precedent of submissive acceptance and implementation of foreign law within our country, as well as a fight for the basic tenants of our lives under Canadian law – a return to the unabridged version of our Charter of Rights and Freedoms for us and the future of Canada.

    With this in mind, I encourage you to share this information with other like-minded Canadians (and expats in other countries) and to open your hearts, minds and wallets to support this unprecedented legal effort.

    Regards,
    PS. Please let me know if you no longer wish to receive these occasional updates.

  13. @orwell

    You took that out of context. The issue was that she didn’t have to disclose according to Canadian tax law but it would look bad if she didn’t disclose in the US. So the commentator says she should have disclosed. She said this by saying she ‘didn’t care what Canadian law says and so she should disclose’ (or some words close to that.
    Focus on Clinton wanting to take my stuff and giving it to people who don’t work. Focus on here estate planning like mad but is in favor of the laws she is getting round. The only thing worse that this woman is Elizabeth Warren who would just take more stuff.

  14. Excellent what you’ve done, LM. Thanks for suggesting it here for others.

    One little point for all of us, going forward, which may seem picky, but — we should be consistent in correct spelling of Joseph Arvay’s name in case anyone wants to look up his record beyond the link provided. (Sort of like FACTA we often see when it should be FATCA; Nina Olsen when it should be Nina Olson, important in what we are discussing with others.)

  16. Blog Upcoming FATCA deadlines for Canadians Published on May 1, 2015 at 11:45, by Aamir Mahboob, JD, LLM (US Tax)

    As part of its 2015 Federal Budget announcements, Canada committed to implementing the “Common Reporting Standard” (CRS) promulgated by the Organization for Economic Co-operation and Development (OECD). While the OECD’s efforts to facilitate information reporting via the CRS and Canada’s corresponding implementation of such a regime will certainly have lasting impact, let us not forget about the progenitor of information exchange and its looming deadlines: FATCA.
    …
    To ease this inundating FATCA compliance burden imposed on financial institutions, the CRA will implement FATCA in phases, whereby information reporting starts out modestly (at least when compared to the default rules that apply under US law) and ramps up to its full scope within the next several years. Notwithstanding this meager consolation prize, Canadian financial institutions must remain vigilant and meet key upcoming deadlines outlined below.
    1. Reporting Deadlines
    …
    2. Review Procedures

    In addition to these reporting deadlines, financial institutions must review pre-existing individual and entity accounts to determine whether they are US reportable accounts according to a separate set of deadlines:
    …
    The lion’s share of the compliance burden associated with FATCA lies in gathering and reviewing required information. But before planning for future ventures (e.g., CRS), financial institutions must complete the task at hand.

  18. Patriot Act Faces Revisions Backed by Both Parties

    http://www.nytimes.com/2015/05/01/us/politics/patriot-act-faces-revisions-backed-by-both-parties.html?emc=edit_th_20150501&nl=todaysheadlines&nlid=70289744&_r=0

    I have heard the Patriot Act being blamed for US financial institutions barring US persons overseas from owing US mutual funds, and from having financial accounts in the US.
    https://americansabroad.org/issues/banking/banking-and-the-patriot-act-update/

    Of significance of The USA Freedom Act is:
    * backing away from intrusive surveillance, acknowledging that it has gone two far.
    *Bipartisan
    *Rand Paul and Ted Cruz in on this.

    I may see how this mood may translate, and could in future be backing away from intrusive FATCA, acknowledging that it has gone too far. & Bipartisan action on this, Rand Paul and Ted Cruz.

    I know of people who will not view IBS except at an internet cafe for fear of being tracked.

  19. I have little faith in the government actually pulling in the reins on the NSA but for what it’s worth …
    http://www.activistpost.com/2015/04/rep-amash-not-enough-votes-in-congress.html

    The US Patriot Act, The US Freedom Act — reality is seldom what the names imply. I have a guarded opinion of Rand, a low opinion of Cruz and don’t know enough about Amash to have an opinion. I do know that the state surveillance industrial complex will not graciously allow the gravy train to pull away from its station.

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