Liberty and justice for all United States persons abroad

The Isaac Brock Society

Will Flaherty and Baird stand up for Canada as forthrightly as their Russian counterparts stand up for Russia?

Posted on by Posted in Issues regarding US persons abroad 29 Comments

Copious thanks to Jim Jatras for calling the following to our attention.

The government of Russia, and more specifically the Foreign Minister (and not, please note, their Finance Minister), has weighed into the FATCA discussion with this very forthright statement that any agreement between the US and Russia on FATCA must be fully reciprocal and must respect Russian sovereignty and must not impose foreign extraterritorial legislation on the actions of Russian institutions.

Here is the article from Russia Beyond the Headlines:

Moscow wants tax information exchanges with U.S. to be mutual, balanced

I urge everyone to write Flaherty, Harper and your members of Parliament along the following lines (please use your own words or modify mine, I don’t want this to become boilerplate text). I sent this to Flaherty with copies to Rankin, Brison, May and my MP Paul Dewar (also Foreign Affairs critic). Others might wish to send this as well to Harper (who’ll just bounce it to Flaherty if his office replies at all) and to Baird (who has never even acknowledged anything I’ve sent him, nor has his ministerial correspondence unit).

“Please note in the following news item today, that Russia has made it very clear that any agreement between the US and Russia over FATCA must be fully reciprocal and must respect Russian sovereignty. The statement also mentions that FATCA as currently formulated is an extraterritorial violation of the sovereign equality of other countries.

“It would be utterly unacceptable for Canada to accept or insist on less than what Russia does, in any agreement with the US over FATCA. As it is highly unlikely the US can respect or even get full reciprocity, which would require US Senate approval not yet forthcoming in even one IGA the US has signed, I think the most rational approach for Canada to take is to walk away from negotiations with the US over this, to insist on Canadian financial institutional compliance with current Canadian law and our Charter of Rights and Freedoms, and to contemplate protections or retaliatory sanctions against the US should it ever actually enforce the threatened sanctions against Canadian financial institutions that have branches in the US.

“Canada’s sovereignty is no less important than Russia’s, and I expect that my government will stand up for Canadians as forthrightly as the Russian government does for its own citizens and sovereignty. It would be a very sad, pathetic commentary on any Canadian government that would not do so.”

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.

29 thoughts on “Will Flaherty and Baird stand up for Canada as forthrightly as their Russian counterparts stand up for Russia?”

  1. CNBC Africa covers the FATCA “machine”:

    “Our topic of the week focuses on the proposed foreign account tax compliance ACT or FATCA which will come into being on the 30th June 2014. The legislation brought on by the US government’s Internal Revenue Service will force other countries to report on US citizen’s assets that are held outside of the borders of the US. Although this has a direct impact on US citizens, what impact does this hold for residents of other countries? Joining ABN’s Samantha Loring to give clarity to Foreign Account Tax Compliance Act is Anthony Markham, founding partner at Maitland and as per usual at the desk Our 2 strategists Cobie Legrange, Strategist at ClucasGray Investment Managers and & Roland Rousseau, Equity Strategist at ABSA Capital.”

    South African banks told their government that they needed their help to comply.
    Also discusses FATCA’s mini-me, the G5 Pilot.
    Worth listening to just to hear his views concerning privacy and constitutional rights.

    http://www.cnbcafrica.com/video/?ytid=XCN3LLf0J48

  3. From article:

    “Our position is well-known,” the [Russian] Foreign Ministry stated. “This law is extraterritorial and goes against the principles of sovereign equality … We do not intend to take on one-sided responsibilities, but will work towards a mutual and balanced exchange of tax information.”

    Sad world we live in when Russia is the beacon of common sense.

  4. Pingback: News and Commentary on FATCA’s Deepening Dysfunction — 1389 Blog - Counterjihad!

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