Update, 24 April 2014: As it turns out, Adam Geller of the Associated Press has finally overturned my prediction that you’d never see Davis’ story in the U.S. media; he interviewed Davis for his story “More renounce U.S. citizenship, but deny stereotype”:
When the team’s owner suggested last year that he join Taiwan’s national team, Davis says he found little motivation to keep his U.S. citizenship. “When you think about who I am as a black guy in the U.S., I didn’t have opportunities,” he says. “You get discriminated against over there in the South. Here everyone is so nice. They invite you into their homes, they’re so hospitable. … There’s no crime, no guns. I can’t help but love this place.”
Geller’s story also contains other familiar names. I’m very happy to see that my initial prediction turned out to be wrong, and that the Isaac Brock Society is succeeding in drawing media attention to the real diversity of motivations among people who decide to stop being U.S. citizens.
Here’s another story
you’ll never see in the U.S. media about an American planning to renounce U.S. citizenship to naturalise elsewhere: Quincy Davis, a Los Angeles native & Tulane University graduate who left the U.S. in 2006 to join a basketball team in Cyprus, and now plays in Taiwan. Davis applied to naturalise as a Taiwanese citizen last month so he can represent his adopted home in international competitions; United Daily News reported last week that his application is still in progress. After the jump I’ve translated a longer article from earlier last month about his reasons for naturalising in Taiwan, and the issues he faced.
Davis’s case falls somewhere in between the NBC Nightly News myth of “wealthy traitors fleeing the country to avoid the estate tax” and the more common reality of ordinary people who have lived in other countries for decades and are happy to give up U.S. citizenship to become full members of their societies. Davis is certainly well-off, but nowhere near as well-off as the Homelanders who are moving to Puerto Rico and — unlike actual emigrants — thereafter enjoy a complete exemption from capital gains tax on U.S. assets. And moreover, like nearly everyone else who comes to the decision to give up U.S. citizenship, he left the U.S. as a young adult in the course of pursuing success, put down roots elsewhere, and has a dream to keep chasing after he’s no longer a U.S. citizen.
Which of course is why you’ll never see the Homeland media print a word about him in between their endless repetitions of the names of Kenneth Dart, Eduardo Saverin, and Denise Rich.
Chinese Taipei’s $20,000/month naturalised “Iron Tower” to give up U.S. citizenship
|澳洲日報，2013年05月16日||Australia Daily Chinese Herald, 16 May 2013|
|月薪2萬美元，至少效力2年，中華台北籃協近日確認，他們已經與美國籍內線球員昆西•達成口頭協議，戴維斯將以歸化球員身份成為中華台北隊的一員，並在今年8月的菲律賓亞錦賽上出戰。||With a monthly salary of US$20,000 per month to be in effect for at least two years, the Chinese Taipei Basketball Association confirmed that they have reached a verbal agreement with Quincy Davis under which he will become a naturalised member of the Chinese Taipei team, and compete in this August’s FIBA Asia Championship in the Philippines.|
|專案特辦6月中旬入籍||Treated as special case, will naturalise by mid-June|
|最早傳出中華台北隊將歸化美國球員的消息還是在2013年年初，1月16日，在SBL11月和12月的MVP頒獎發布會上，戴維斯對着記者們語出驚人地說道：“只要條件允許，我不排斥歸化進入中華台北隊出戰國際比賽。”||The earliest reports that the Chinese Taipei team would include a naturalised U.S. player came out in early 2013. On 16 January, during the Super Basketball League 2011 and 2012 MVP awards ceremony, Davis said something surprising to reporters: “As long as conditions permit, I wouldn’t reject the idea of naturalising and joining the Chinese Taipei team and playing in international competition”.|
|此話一出，立刻引得各方關注。近年來，亞洲很多國家都歸化了歐美球員，但當這件事真的發生在身邊的時候，還是令很多球迷不敢相信。但在隨后，中華台北隊主教練，同時也是戴維斯所在的璞園建設隊的主帥許晉哲證實了這一消息。||As soon as the news came out, it attracted attention from all sides. In recent years, many countries in Asia have naturalised European and American players, but when this situation happened right in front of their eyes, many fans weren’t able to believe it. But soon after, Chinese Taipei team head trainer Hsu Chin-che, who is also Quincy’s head coach on the Pure Youth team, confirmed the news.|
And if that wasn’t enough, there’s reports that another American basketballer in Taiwan — Rolando Howell — is also thinking of renouncing U.S. citizenship.
One of the ex-Americans whom Davis might face on the court is the former Eric Sandrin — now legally known as Lee Seung-jun — who naturalised as a South Korean citizen in 2009 so he could represent the country at the 2010 Asian Games. Other U.S. natives who have given up citizenship so they could represent their chosen homes in sport include Sandrin’s younger brother Daniel who is also now South Korean, equestrian Jennifer Snow Lee of Hong Kong, as well as skater Cathy Reed and sumo wrestler Takamiyama Daigorō (the former Jesse Kuhaulua) both of Japan.
Americans often look down on athletes and entertainers who achieve success overseas rather than in the U.S. — witness the derogatory descriptor “big in Japan”. This is part of the more widespread view that you have to live in the U.S. in order to be “truly American”; in the American national mythology of reverse migration, the only people who leave the U.S. for other countries are “failed migrants”: the sick, the indigent, the “self-deporters”, and the losers who “couldn’t assimilate”, whereas the ones who stayed are defined circularly as the “successful” by their U.S.-born descendants.
|“的確和戴維斯有過多次相關討論，對方也非常有誠意。”許晉哲說，“現在最大的關鍵還是需要主事單位、包括體育署和籃協的配套措施，錢不是最重要的問題，重點是相關單位願意助推。”||“We’ve definitely discussed this many times with Davis, and both sides are very sincere”, said Hsu. “Right now, the biggest issue is the support of organisations like the Sports Administration and the Basketball Association. Money is not the most important problem, the key thing is whether the authorities are willing to help us out.”|
|許晉哲雖然表示錢不是問題，但中華台北籃協最初給出的月薪沒有能讓戴維斯滿意。一開始，中華台北籃協告訴戴維斯，願意為他支付同璞園建設隊一樣的月薪數額，根據SBL現行的規定，各球隊給外援的月薪不得超過1萬美元，此外在效力年限上，當時中華台北籃協也沒有給出明確的回應。||Although Hsu stated that money wasn’t the problem, Davis wasn’t satisfied with the first offer from the Chinese Taipei Basketball Association. At the start, the CTBA told Davis that they’d be willing to pay him the same salary as he was getting at Pure Youth. Under the current SBL rules, salaries given to foreign players cannot exceed US$10,000 per month. Aside from this, the CTBA didn’t give any response on the how long [the contract] would last.|
|要知道，戴維斯如果要為中華台北隊效力，就必須放棄自己的美國國籍，加入台灣籍（對於外國公民，台灣不承認雙國籍），因此戴維斯歸化一事險些告吹。“放棄祖國的國籍是人生中的一件大事，所以必須等到與教練團溝通好，甚至與籃協討論過是幾年合同期后，才會有進一步的消息。”戴維斯說。||It’s also important to understand, if Davis were to play for the Chinese Taipei team, he’d have to give up his U.S. citizenship and naturalise in Taiwan (Taiwan doesn’t recognise dual citizenship for foreigners). Because of this, the matter of Davis’ naturalisation nearly ground to a halt. “Giving up the citizenship of your mother country is a big step in a person’s life, so I have to wait until I’ve talked about it with my coaches and after I’ve discussed the contract with the Basketball Association before this will move along any further”, said Davis.|
Recently in Taiwan, there’s been some discussion about amending the nationality law to permit applicants for naturalisation to retain their earlier citizenships; native-born citizens in Taiwan are already permitted to obtain other citizenships without giving up their green passports, and the amendment has been described as simply levelling the playing field. One of the legislators behind the push is Hsiao Bi-khim, herself of mixed race and a former U.S. citizen as well — she renounced in 2000 when she first ran for legislative office, and suggested the amendments last December.
However, this proposal is not necessarily popular among existing naturalised citizens, who often feel that willingness to give up your previous citizenship is a reasonable mark of commitment to one’s new country. One proponent of this view is T.C. Lin, a former American who naturalised in Taiwan in the mid-1990s — back when that involved six months of hanging around in Hong Kong as a stateless refugee waiting for two countries’ bureaucracies to push papers around — and did his two years in the army at the height of the third Taiwan Straits crisis, when Beijing was busy lobbing missiles into the Pacific Ocean.
Amusingly enough, Lin was among the first group of renunciants who ever had their names officially published as part of a State Department list of one thousand names in 1995 — before then, the identities and total number of renunciants were closely-guarded government secrets. Soon after, mendacious Congresscritters like Lloyd Doggett proclaimed him and everyone else in that list to be part of a dangerous wave of “economic Benedict Arnolds” who “have grown so prosperous, they can denounce [sic] their citizenship and discover one day that the Port Royal Golf Course in Bermuda is their hometown”, in order to justify raising the renunciation tax and applying it to ex-green card holders as well.
|據了解，中華台北籃協並不是個富裕的協會，籃協也表示希望能夠得到各部門以及璞園建設隊的幫助。為此，中華台北籃協理事長丁守中先后拜會了台灣體育署和內政部尋求支持，並且得到了全力協助。||It is understood that the Chinese Taipei Basketball Association isn’t a wealthy organisation, and the CBTA stated that they hoped that the authorities and Pure Youth could provide assistance. Aside from this, Chinese Taipei Basketball Association chairman Ting Shou-chung paid visits to Taiwan’s Sports Administration and Interior Ministry to request support, and obtained their full cooperation.|
|台灣內政部長李鴻源表示，如果戴維斯願意歸化，內政部將以專案處理，加快行政流程幫助戴維斯盡快入籍，並將向戴維斯提供2萬美元的月薪，合同年限為2年，至於在台灣期間戴維斯的居住等相關問題，內政部也將細緻討論。||Interior Minister Lee Hong-yuan stated, if Davis were willing to naturalise, the Interior Ministry would process it as a special case and move through it as quickly as possible in order to assist Davis to naturalise, Davis would receive his US$20,000 monthly salary with a two-year contract, and with regards to the problem of Davis’ period of residence in Taiwan, the Interior Ministry would discuss it in more detail.|
If Hsu had been better-advised about his negotiating strategy, he would have pointed out to Davis that if he doesn’t naturalise, his bank is probably going to kick him out sometime next year — Taiwan has announced that it will negotiate a FATCA IGA with the United States, specifically a “Model II” agreement. No doubt the agreement will contain a clause mandating that the few banks which want to qualify for the extremely narrow and restrictive “local FFI” deemed-compliance category will be prohibited from discriminating against Americans — but it will contain no such restriction on other banks. Taiwan’s discrimination laws will be of little aid to Davis in trying to right this situation either, since they focus primarily on employment discrimination rather than discrimination against customers.
Even before the raise he’s been promised, Davis was already earning a six-figure salary, and so probably owed a few thousand dollars a year in U.S. taxes, plus whatever he’s paying to accountants to keep him compliant on the intrusive and dangerous paperwork the U.S. uses as an excuse to slam emigrants with $13,000 fines on $21/year tax deficiencies. And of course, as few Homelanders understand, emigrants also have to pay taxes in the countries where they actually live — in Davis’ case, at Taiwan’s top marginal rate of 40%, higher than in the United States.
|得到台灣內政部支持后，戴維斯歸化一事可謂緊鑼密鼓的展開，璞園建設隊總經理劉俊卿證實，戴維斯已經口頭答應了以上條件，目前，戴維斯已經向美國官方申請了證明他從未代表美國國家隊參加世界級比賽的證明，待國際籃聯審核后，戴維斯即可披上中華台北隊的戰袍。||After gaining the support of the Interior Ministry, the matter of Davis’ naturalisation really started to get moving in a big way. Pure Youth general manager Liu Chun-ching confirmed, Davis had already verbally agreed to the above conditions. Davis has already applied to the U.S. authorities for proof that he’s never represented the U.S. national team at any international-level competitions, and once he’s approved by FIBA, Davis will immediately be able to put on the Chinese Taipei team jersey.|
|據悉不出意外，戴維斯在6月中旬便可加入台灣籍，完成7月1日前亞錦賽的報名工作。||According to sources, as long as nothing goes wrong, Davis can naturalise as a Taiwanese citizen in June, and register for the FIBA Asia Championship before 1 July.|
|值得一提的是，戴維斯在2年效力期滿后仍可獲得美國國籍。“由於戴維斯的雙親都是美國人，等他與中華台北隊的合約結束后，要重新獲得美國公民身份並不難，這部分等戴維斯最后同意即可。”璞園建設隊總經理劉俊卿說。||Another thing that’s worth mentioning is that after Davis finishes his two-year contract, he can obtain U.S. citizenship again. “Because Davis’ parents are both Americans, he can wait until he finishes his contract with the Chinese Taipei team, and then if he wants it’s not hard at all to get his U.S. citizenship status back, so as long as there’s final agreement from Davis, that’s that”, said Pure Youth general manager Liu Chun-ching.|
This part about restoring U.S. citizenship is of course complete nonsense, but it’s an article of faith among rabble-rousers on both sides of Taiwan’s political spectrum that some government officials on the other side who lived in the U.S. before are faking their renunciations, and these myths about the ease of regaining citizenship — roughly the Taiwanese equivalent of U.S. conspiracy theories about Obama being Kenyindonesian and Romney being Mexican — have unfortunately leaked down into ordinary non-political discourse. Allegedly, these officials renounce their U.S. citizenship only to go resume it through some mysterious procedure described nowhere in the Department of State’s Foreign Affairs Manual, which in reality instructs consular officers to warn soon-to-be-ex-citizens that renunciation is final and irrevocable.
Since Davis is not married to a U.S. citizen, his only option for moving back to the U.S. is through an F1 green card sponsored by his parents. According to the State Department’s latest visa bulletin, the current wait time for an F1 (at least for people other than mainland Chinese, Filipinos, Indians, and Mexicans) is seven years. If Davis meets the right non-American woman while he’s waiting and decides to settle down with her, his parents or his siblings will have to file a new F3 or F4 petition for him, and his wait time goes up to more than a decade. Furthermore, as South Korean newspapers have pointed out, even ex-U.S. citizens who returned to the U.S. with green cards generally have not found it possible to re-naturalise.
All this assumes the U.S. immigration laws don’t change. With immigration reform in the pipeline, a number of provisions could make it even harder for Davis to qualify for a green card. First, the F4 (sibling) category might be eliminated entirely. Second, the F1 and F3 categories might be restricted to children under the age of 31 — Davis already turned 30 in February. And finally, if demagogues like Jack Reed, Chuck Schumer, and Orrin Hatch have their way, Davis could be permanently exiled from the land of his birth and not even allowed to come back as a tourist.
Of course, there’s always the possibility that Davis simply doesn’t have any interest in moving to the U.S. after he retires from his basketball career in Taiwan anyway, and his public comments were simply part of his negotiating strategy.
Eric, thanks as always for well-written and informative article. It jolted my memory a bit and I recalled reading a NY Times article about a hockey player from the US Midwest who has been playing professionally in Germany and became a naturalized German citizen. What is somewhat unique about this young man is that he is Jewish and he has “returned” to Germany to work and live, in spite of the fact that his German great-grandparents and other relatives perished in the Holocaust and his grandparents fled Nazi Germany:
Germany does not normally allow dual citizenship and, based on my reading of conditions under which it is allowed, I am skeptical that he was able to retain his US citizenship. It does mention that he naturalized under an “accelerated” process which may have been possible as a descendent of German Jews under Article 116 par. 2 of the Basic Law (Grundgesetz):
United Daily News is reporting that Davis went to the para-consular American Institute in Taiwan this morning to swear the Oath of Renunciation. Now let’s see if they can get him his CLN before next Monday. (Which wouldn’t be a speed record; the fastest turnaround for a CLN I believe was in the case of René González, who got his from the US Interests Section of the Swiss Embassy in Havana in three or four days).
@Innocente: Thanks for that. Interesting story. I haven’t been able to figure out one way or another if people who get German citizenship that way are allowed to have dual citizenship. One US organisation which helps Jewish descendants get German citizenship states that you’re allowed to keep your former citizenship in that case if want, but I haven’t seen any stronger official confirmation. Maybe it’s a recent change; a while back I had a Canadian colleague who had received German citizenship by that same route, and I think he said he no longer had Canadian citizenship by that point.
@Eric – thanks for your input and the “Getting German Citizenship” link. This unmistakeably states that expelled German Jews and descendents of expelled German Jews can maintain their first (American) citizenship when re-obtaining (or “restoring”) German citizenship.
Based on limited research, it appears that Germany has two naturalization tracks:
“German law distinguishes between two types of naturalization: Ermessenseinbürgerung, or discretionary naturalization, and Anspruchseinbürgerung, a legal right to naturalization. The 1955 StaReG indicates that Germans in the sense of Article 116 have a right to naturalization with the use of the phrase “must be naturalized.” ” Expelled German Jews and descendents, it appears, would have right to German citizenship under “a legal right to naturalization” which appears not to require that they renounce their first citizenship.
(Parenthetically, please note the author of this document).
In my search for a legal basis for maintaining the first citizenship, which I have NOT found, I came across this blog by a Jewish American who was applying for German citizenship. Based on her writing, she obtained German citizenship under Article 116 without giving up her US citizenship. It’s also a rather delightful if not madcap read:
Regarding the NY Times article on the young hockey player, the article mentioned that his father was a CPA. I was able to locate a partner with that name in a Minneapolis CPA firm. I would assume that the son has had proper tax planning in his quest for German citizenship and life abroad.
Apparently the American Institute in Taiwan went top speed on Davis’ case: three days after he first contacted them to get a copy of Form DS-4079, his renunciation was finalised (don’t know whether that means they gave him an actual CLN or just one of those letters like the one that Fauzia Kasuri got):
As of yesterday he’s still stateless and waiting for Taiwan’s Interior Ministry to give him his naturalisation certificate. They have to finish all the procedures by the end of next week if they want him to play in the tournament:
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Quincy Davis gets ready to vote:
The American Chamber of Commerce in Taiwan did interviews with two guys who gave up US citizenship: Davis & TC Locke (one of the 937 from that 1995 JCT report back when Congress was pounding the drum for the Reed Amendment and a new exit tax)
Video about Quincy Davis and how he’s adapting to Taiwan