Liberty and justice for all United States persons abroad

Canada Day, War of 1812, and FATCA

Further to the suggestion Blaze posted on another thread, I sent an early-Canada-Day email to the PM, my MP, Thomas Mulcair, and Ministers Flaherty, Baird, and Kenney. I won’t reproduce my own text here, because I don’t want the wording to become a template and lose effectiveness. I sent it a bit early, partly to match the Bicentennial of the declaration of war in 1812 (on June 18) and also because I won’t be able to send it on July 1. I thought maybe I’d start a new thread on this, for people to post any replies or experiences on this subject. It would get lost on the other thread.

I’ve had two replies so far. Email from the PMO thanking me for expressing my concern and telling me they’re forwarding it to Flaherty’s office (I sent the emails separately so no one knows the same email went separately to each of them).

My MP’s office sent the following short reply, for what it’s worth:

Thank you for your e-mail of June 17 sharing your thoughts on Canada Day, the War of 1812 and FATCA. Please be assured that Mr. Dewar and his colleagues continuing to work on this issue.

Not sure how much attention or traction these emails will get during the summer recess, but worth a shot anyway. The interesting one will be the reply from Flaherty, which will likely be drafted by or in consultation with Ministry of Finance officials who aren’t in recess. The reply may just be another variation on the theme of the standard letter (that CARP got recently) or maybe there will be something more. At minimum, we’ll either get confirmation that nothing is settled yet, or that something is and what it is. Will let you know what I get from Flaherty. No confidence that I’ll hear squat from Baird or Kenney, but I remain open to pleasant surprises.

I was born and educated in the US. After completing my post-graduate education, I entered Canada on a temporary work permit, moving to Canada because of the Vietnam war. Shortly after unpacking, I applied for landed immigrant status. A few months later I received in the mail an induction notice from the US Army; I drew a peace symbol on it in felt marker pen and mailed it back. As a result, I was indicted and a warrant was issued for my arrest (both were quashed in 1977 by the Carter amnesty). I became a Canadian citizen in 1975. In 1976, for the US Bicentennial I wrote a political letter to Henry Kissinger, then Secretary of State. In it I mentioned that I had "renounced" (I didn't then know of "relinquish") my US citizenship on becoming a Canadian, explaining in several pages my reasons for leaving the US. I also mentioned the fact that on my mother's side I am a descendant of a soldier who fought in Washington's army during the US rebellion, but now I was declaring my personal independence from the US and rejoining the British Commonwealth. Within six months, I received by mail a CLN recognizing my having expatriated myself from the US in 1975. I filed away my CLN and forgot I had it, until I found it after searching for it upon learning of FATCA and OVDI in August 2011. Since then, I proudly keep a photocopy of it with my passport (which is Canadian; I have never had a US passport in my life, nor will I ever). As a Canadian who long since ceased being an American and who has a CLN, I am not directly affected by FATCA or other US taxation outrages. However, my wife and several of her friends are affected, until their relinquishment CLNs (dating from 30-40 years ago) are issued. Also I have several close friends who were born in Canada of US parents and are considered by the US to be US citizens, though they have never lived in the US, worked there, earned income there, held property there, held US passports, or in any other way excercised USC and are horrified they might be considered US. I am active on this website and in writing my elected Canadian politicians about these issues, on their behalf. I am a retired former employee of the Government of Canada who faithfully and proudly served his adopted and adoptive country for many years. Updated September 2, 2012: earlier this week, my wife finally received her relinquishment CLN, State Department formal recognition that (in their exact words on the CLN) she "ceased to be a US citizen on" the date she became a Canadian more than 35 years ago. Mission Accomplished, to borrow words from my least-favourite contemporary/contemptible American. I will continue to monitor this website from time to time to see if I contribute useful information or opinions, but my wife and I are determined to regain our lives after the past twelve months of angst. Best wishes to all of you on this website in your odyssey toward freedom from the US.

3 thoughts on “Canada Day, War of 1812, and FATCA

  1. Something very interesting I just found out.

    The entire House of Commons Finance committee including Hoang Mai and Peter Julian were in Washington DC on May 10th and 11th for meetings with the US Treasury Department. I am sorry I didn’t catch this earlier but I was heavily tied in family medical issues during that time period. In the future I need to read the full transcript of the committee meeting no matter what the subject is. It looks like the meetings though were more centered on the Volcker Rule and Dodd Frank than FATCA. In particular they met with Barney Frank and Paul Volcker himself.

  2. As a further comment one thing that frustrates me is the Finance committee spends too much of its time in public session on issues like tax treatment of charities and not enough time on sexier topics like FATCA and the Volcker Rule that appear to be discussed only behind closed doors.

  3. I happened to watch the War of 1812 on PBS last night, and thought I would add that video to the various threads as an important archive addition to Isaac Brock Society.  Learned a lot I did not know.  Yes, Isaac Brock got lots of coverage! 

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