UPDATE January 24, 2015: THIRD OF FIVE LEGAL BILLS PAID
[We now have a NEW POST taking us up to May 1, 2015. This post will be retired from service.]
On August 11, 2014, Constitutional Litigator Joseph Arvay filed a FATCA IGA lawsuit in Canada Federal Court on behalf of Plaintiffs Ginny and Gwen, the Alliance for the Defence of Canadian Sovereignty (en français), and all peoples worldwide. Read Alliance’s Claims and comment on our Alliance blog.
Chers amis et donateurs,
Ensemble, nous avons atteint notre but : ramasser les fonds nécessaires pour payer la troisième des cinq factures légales de notre poursuite judiciaire.
Ramasser 300 000 $ provenant de petits dons est un exploit tout à fait extraordinaire et nous invitons notre gouvernement canadien, ainsi que tous les autres gouvernements qui ont piétiné les droits de leurs citoyens, à en prendre bonne note.
Chaque jour, nous nous rapprochons de notre but. Déjà, nous avons ramassé plus de la moitié des fonds nécessaires pour payer les frais légaux de notre poursuite contre le gouvernement canadien et l’entente FATCA.
Si nous avons parcouru un si grand bout de chemin, c’est grâce à nos deux courageuses plaignantes, Ginny et Gwen, à nos donateurs provenant du Canada et de partout dans le monde, ainsi qu’aux administrateurs des sites Internet Isaac Brock Society et Maple Sandbox. Ils permettent tous à nos voix d’être entendues.
Merci !
L’équipe de l’ADSC
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Dear Friends and Supporters,
Together we have reached our goal of paying off the third of five retainer fees for our Canadian FATCA IGA lawsuit.
Raising $300,000 from small donations is a pretty amazing achievement and we ask the Government of Canada, and those other governments who have also tossed away rights of their citizens, to take notice.
It’s still a marathon, but we are more than half way to pay off the Federal Court legal costs.
We have come so far because of our brave Plaintiffs, Ginny and Gwen, our Canadian and International donor-supporters, and the administrators of the Isaac Brock and Maple Sandbox websites who make it possible for our voices to be heard.
Thank you all,
—The ADCS-ADSC team
“. . . the person owes PARAMOUNT allegiance to that country, and that country has the right to assert its claim WITHOUT INTERFERENCE from the other country.”
Exactly. In a house around the corner from me lives a public school student born in Israel who, because he lives in Canada, has under no obligation to return to Israel to serve compulsory military duty in the land of his birth. This is as it should be.
It is unconscionable that Canadians born in the U.S., under FATCA, are obliged to return to the U.S. all financial data that is then subject to excessive penalties, FAR more excessive than for its home landers. They can wipe out one’s entire life savings, all earned in Canada. Why should the US be allowed to persecute resident Canadians born in the US on the basis of failure to follow their financial laws (failures to hire an expert to attempt to fill out their complex “ex-pat” forms every year at personal expense)? As yet, Canada doesn’t help other countries persecute “their” people who live in Canada on the basis of failure to follow their Sharia laws, failure to register as Communists or some other political group, failure to register for their military service, etc.
If our ADSC lawsuit fails, and the US gets away with their over-reach, then the BRICS and other powerful countries will have a green light to become bullies down the road to “their” own, at first financially, and then in other areas they designate!
I wonder if there’s any Eritrean born people out there with US citizenship who don’t live in either the US or Eritrea. Double hooped, they’d be.
I just ran into a friend of mine who just came back from Palm Springs. Says that the substantial presence test is all the talk among the snowbirds down there. He didn’t know about the potential double whammy of Canada’s departure tax. As he said, “they’ll get you coming and going”.
BB. AFAIK Canada doesn’t a departure tax unless someone is leaving for good.
Important concepts of freedom and liberty and the limits of government:
http://www.sott.net/article/289346-SOTT-EXCLUSIVE-Judge-Andrew-P-Napolitano-Natural-Law-as-restraint-against-tyranny#
More indications that funding and supporting the ADCS and other legal challenges are the only real reourse we have against US extraterritorial imperialism and exploitation of Canadians and others enslaved as UStaxablepersonsabroad:
https://www.democratsabroad.org/group/fbarfatca/november-2014-update-fatca-goes-global
The Democrats Abroad continue spin to try and legitimize unilateral FATCA, lack of US reciprocity, and now, non-participation in the OECD Common Reporting (which now they are setting the stage to try to pin on the Republicans):
DA says:
“……What’s up with US non-participation?
For a long time many suspected that reciprocity would be FATCA’s undoing. That is, though the US government had no hesitation in imposing FATCA on the rest of the world, many believed the US would be loathe to impose reciprocal obligations on US banks and brokerage houses to likewise report to other governments on the US accounts of their taxpayers. Is non-participation in the OECD CRS the anticipated breakdown in reciprocity? Perhaps not.
There are some seven or eight steps international treaties must take in order to be ratified under US law. It is a straightforward, but a lengthy process. It is possible that the US is missing from the group of nations acting as signatories to the CRS because the agreement to automatic tax information exchange is still going through the ratification process. Given the aversion the GOP has had to the US FATCA it is not hard to imagine their utter refusal to commit the US to a global FATCA. Now that the Republicans control the US Senate ratification of the OECD CRS looks like a very low probability.
Be that as it may, a Republican-led effort to repeal US FATCA would look particularly retrograde in a world making an ever-greater commitment to financial account and tax transparency. November 2014”
Note that they insert wording like “it is possible”, “perhaps not”, etc. Setting the stage for explaining why the US is adamant on foisting the costs and harm of FATCA on the globe, but unwilling or unable to provide equivalent information, and definitely not imposing the compliance costs of FATCA at home in the US. Note it also talks of treaties in the context of the CRS; “… There are some seven or eight steps international treaties must take in order to be ratified under US law. It is a straightforward, but a lengthy process…” – and by implication they appear to muddy the waters as if FATCA was also an ‘international treaty’, yet we know that the FATCA IGAs are not ‘treaties’ in the eyes of the US – only for the signatories. FATCA is a US law. The CRS is not.
Maybe their hope is that they and the US government can spin this around, or justify the continued gathering of information under FATCA in the meantime (data sent cannot be recalled) while they pretend that the US is ‘working towards’ some fake reciprocity or ‘information sharing’ or ‘common’ reporting. Is this evidence of a trickle down of strategy from the Democratic party and the administration?
In any case, it makes the collaboration of the Harper government look worse and worse – especially as they are pretending that the FATCA IGA was a necessary step towards participating in the OECD CR. That required them to publicly support and prop up the US fiction. But given that they have no control over what the US does and says, they put themselves in to the shaky position of having to continue to stand by no matter what the US chooses to do re FATCA propaganda, etc.
Fund the ADCS challenge!
RE: http://www.mondaq.com/x/355750/tax+authorities/Whos+afraid+of+FATCA
Pardon me? I say chain McLemore and Cassell to the FATCA turkey’s drumsticks, stuff that bird with some Guy Fawke’s gun powder and light a match. Three turkeys in one big blow out.
@Embee I agree.
The US can stuff the FATCA turkey. What arrogance to suggest that those abroad should ever again invest anything with the country that is deliberately oppressing them – and costing us ALL as taxpayers and accountholders of the countries that are our homes outside the US. We should use only our local credit unions, and deliberately avoid making any investment in or associated with the US – and that includes spending our tourism and retail dollars there.
@ badger
Tourism dollars for sure, and I used to spend heaps there. Entering the country involves a certain degree of trust, and I’m not sure I could muster it at the moment. To put it into perspective; thirty some odd years ago I had an unpleasant experience with the Stasi in a back room at the Friedrichstrasse U-Bahn station in East Berlin. But I feel even more threatened by th US. Because I knew that I was only in for some graft or a small beating or both (depending on the mood). What the Americans want is going to take me a lot longer to get over, if I can at all.
The client list of McLemore & Cassell’s employer
http://www.withersworldwide.com/about-us/clients
The big name at the bottom of column 2 should give you a hint why they’re writing this nonsense. They’re not interested in convincing & helping actual Americans abroad. (That should be obvious when they write things like “for compliant Americans, it is really just another form” when they damn well know that does not describe 90% of Americans abroad — judging by FBARs & Form 2555s filed; but of course nearly none of that 90% are Withersworldwide clients, so screw ’em!) They just want to soothe their own consciences, the consciences of their valued institutional clients, and the consciences of all the other finance & compliance industry professionals involved in the sordid process of hunting down “US persons”.
We should also seriously start to boycote american products until FATCA is repealed.
I’m also getting the word out why it’s toxic to become an american citizen.
I’m thinking of contacting the greatest universities here in France to let students know why they should never work in the states with a green card or become an american citizen.
@ProudAussie. My respect. The Stasi were some of the worst of the brand “Secret Police”. There are many however around the world that have terrorized good middle class people often under cover of “Law”.
@nervousinvestor
The reason I mentioned the Stasi was that in my handful of up close and personal contacts with them I couldn’t help but feel they were just going through the motions. They may have had a propensity to dispense evil, but it was just a job. I have run into more than a few US officials that scare me more, not just because of their dedication, but because they honestly believe they are serving some sort of higher ideal, while ruining people’s lives with whatever cockamamie laws the congress made up last week.
@ProudAussie – got it. Thank you for the clarification.
All good actions, Steven. Thanks.
@ Steven – RE “getting the word out why it’s toxic to become an american citizen.
I’m thinking of contacting the greatest universities here in France to let students know why they should never work in the states with a green card or become an american citizen.”
This is a most interesting idea. Please tell us more of how you plan to get in touch with groups/offices in these universities making sure the info WILL be well circulated/get to the faculty and students. If this is successful, it may be something that could be tried in other countries as well.
@Bubblebustin, Thomas Kelati was born in the US from Eritrean parents, which gave him both citizenships at birth, and he’s also a Polish citizen by naturalization. He’s a professional basketball player and has been living in several European countries for years. In theory, he is subject to CBT by both the US and Eritrea, in addition to RBT by his country of residence, plus territorial tax on other countries where he probably has income. I wouldn’t want to be his accountant.
Anyone want to write to Thomas Kelat and ask him if he’d like to support the ADCS action? Or to post an article about the difference between Eritrean and US tax on expats?
According to https://en.m.wikipedia.org/wiki/Thomas_Kelati) this Polish / American / Eritrean 32-year-old plays for Universidad Catolica de Murcia (UCAM Murcia). This a basketball team with its home court at “Palacio de Deportes de Murcia”, in Spain.
The head coach (Diego Ocampo 2014–present) of this Tier 1 ACB League Team might wish to consider the practical future implications for his team of having 4 US citizens on its 12-man roster (see https://en.m.wikipedia.org/wiki/CB_Murcia).
According to http://basketball.eurobasket.com/team/Spain/Universidad_Catolica_de_Murcia_CB/258
UCAM Murcia is currently 7th in its league of 18 teams
Other information from that web page:
Coaching/Managing Staff
Head Coach: Ocampo Diego
President: Carabante Luis
Assistant: Munoz Javier
Address:
Avenida Del Rocío, 7 30007-Murcia
Tel. / Fax: 96 8245554 / 96 8202588
City: Murcia
Hmmmm…. Politicians are not the only people in the public eye, and Kelati is by no means alone – even within Spanish basketball.
Without wishing to make life any more difficult for any particular individuals, could this open up a whole new angle for bringing FATCA as an issue to public attention? Many people are pretty passionate about ‘their’ particular sport or players….
Since 1956-57 Liga Nacional & ACB has been won by 6 different teams, according to https://en.m.wikipedia.org/wiki/Liga_ACB
By drilling down from that webpage it is clear that, like CAM Murcia, each of these 6 top teams has roster members, many of whom have probably not yet had their OMG moments:
1) Real Madrid Baloncesto (31-times winner) roster
2 of 13 players are listed as US citizens
2) FC Barcelona Bàsquet (18-times winner) roster
3 of 13 players are listed as US citizens
3) Joventut Badalona (4-times winner) roster
3 of 11 players are listed as US citizens
4) Laboral Kutxa Vitoria (3-times winner) roster
3 of 13 players are listed as US citizens
5) Bàsquet Manresa (1-time winner) roster
3 of 11 players are listed as US citizens
6) CB Málaga (1-time winner) roster
2 of 12 players are listed as US citizens
Contact details for ACB league itself, which might have some concerns of its own, according to http://www.acb.com/contactoacbcom.php
ACB.COM
Oficinas: c/ Iradier 37 – 08017 Barcelona
Teléfono: 93.417.24.04
Fax: 93.418.23.94
E-mail información: info@acb.com
E-mail concursos: concursos@acb.com
E-mail comercial: comercial@acb.com
Web: http://www.acb.com
Would it be a good or a bad idea to try to take this further?
Equivalents in other sports? other countries?
Well, that’s interesting Shadow Raider. I wonder if he’s tax compliant in either/both countries? Poor guy!
@LM
I tried him on Facebook or Twitter (nothing) and he doesn’t appear to have a fan club.
Wait, I spelled his name wrong.
@tkelati22
And he’s on Facebook.
KingOfTheRoad,
One of the problems is getting past the layers of administration before actually reaching the persons involved. I’ve tried for a few local players where I live — with no response.
@LM
I think the best way to fight this is to start spreading the word that it’s toxic to become an American citizen.
I’ve told several French people about CBT and FATCA and they were astounded. The USA still has that freedon label on it, we have to get it off. I’m sure French students that began a start up in the silicone valley don”t even know about this yet.
One boss I hade some time ago taught me that to proove that a rule is ridiculous you have to push to it’s extreme limits.
If we get the word out why it is top priority to not become a US citizen, it will severely damage America’s reputation, to say nothing of it’s economy.
I’ve been posting things about FATCA on the comment section of posts on the US emabssy’s Facebook page here in France.
Some have been responding saying I’m crazy, it’s not true. I told them to go do their homework before commenting.
We have to get the word out on keywords around toxic US citizenship becaus of unfaire citizen taxation and FATCA control on US citizens abroad.
I know someone who gives marketing lessons at the Sorbonne University here in France.
We have to find some way of having circulaires about US CBT and FATCA going around Universities to warn students about the dream of going to work in America. That may quickly kick up a big fuss to get the word out on national media.
I’m going for it here in France.
I’m going to contact the mayor of London to see about doing the same thing at Oxford and the other famous english universities.
Let them dissert on it, give the US hell at it’s own game.
If we can discourage students to go work in the United States and for american companies, it definetely will get the word out that the USA is the most unfair country in the world towards it’s own citizens.
That will definetely harm America’a reputation.
I’ll give you follow up on this issue.