UPDATE
from Eric:
Many thanks Trish for lending us a hand in our search. Documents should be sent to ericmartin2017 at hotmail dot com. We thank in advance our Canadian friends for their help. We too are fighting FATCA with all our energy with one simple im: to win!
I already saw the many responses on Brock. We are grateful, all this is very useful. We intend to milk this idiosyncrasy of our constitution to the fullest.
*******
I’ve received a request from our fellow expats-in-peril Association des Américains Accidentels to search for documents to help them in their litigation.
As of this week, we have hired a lawyer to get a legal opinion re: FATCA.
One of the angle we are pursuing is non reciprocity. Under the French Constitution (article 55) a treaty which is not reciprocal becomes null and void, as simple as that. We are presently looking for all documents written par the IRS/Treasury to US Senators or any other documents emanating from the US Treasury which point to the fact that the US has no intention of making FATCA reciprocal.
We are now in full gear and our aim is to make FATCA null in void in France and perhaps at the European level too. (it is another avenue we are exploring too)
In advance many many thanks,
Eric and Fabien
I have already sent them the letter from Mark Mazur (then Assistant Secretary of Treasury for Tax Policy) to Senator Rand Paul dated Oct 10, 2012.
Please help their legal challenge: Let’s Unite to Defeat FATCA
It sounds like Haydon and Virginia are complacently sipping on FATCA coolers while anticipating the dishing up of crow to all who still doubt the USA will eventually dine on reciprocity gruel. We shall see. Meanwhile I’m still a doubter because the USA really, really wants to be the world’s #1 tax haven (for foreigner’s funds) and true FATCA reciprocity is not the means to that end. I wonder if Jim Jatras saw that piece and what his thoughts were, if he did.
http://www.thetaxadviser.com/issues/2016/jun/problems-looming-for-fatca-and-reciprocal-iga.html
https://www.internationalman.com/latest-news/treasury-lacks-authority-to-enforce-fatca-reciprocity
Perhaps the 5 treaties, which are OECD model treaties are relevant.
Rand Paul is filibustering them
They would be required to allow exchanges. Without them, they can’t do exchanges.
Not sure where it is explained that these are the precursor for FATCA reciprocity, but they are.
Not directly from Treasury, but may provide useful clues as to why equivalent reciprocity will never happen;
Christians, Allison, What You Give and What You Get: Reciprocity Under a Model 1 Intergovernmental Agreement on FATCA (April 12, 2013). Cayman Fin. Rev. April 2013. Available at SSRN: https://ssrn.com/abstract=2292645
See also arguments here;
Christians, Allison and Cockfield, Arthur J., Submission to Finance Department on Implementation of FATCA in Canada (March 10, 2014). Available at SSRN: https://ssrn.com/abstract=2407264 or http://dx.doi.org/10.2139/ssrn.2407264
May be useful to contact author/s
Perhaps relevant re the hunt for those deemed by the US to be UStaxablepersons abroad, including ‘accidentals’ and other citizens, residents and taxpayers of the other sovereign nations of the globe.
Christians, Allison, Uncle Sam Wants … Who? A Global Perspective on Citizenship Taxation (January 18, 2016). Available at SSRN: https://ssrn.com/abstract=2717367 or http://dx.doi.org/10.2139/ssrn.2717367
Looked for clues here (though the authors have their own axe to grind) http://www.financialsecrecyindex.com/PDF/USA.pdf . Sometimes footnotes and links to other articles/reports can be helpful if the authors are looking for the same thing and include links to documentation to support their argument.
For example;
http://www.taxjustice.net/2015/01/26/loophole-usa-vortex-shaped-hole-global-financial-transparency-2/
‘Loophole USA: the vortex-shaped hole in global financial transparency’
January 26, 2015
Perhaps the forthcoming article cited below might contain some specific source to back up its premise;
“..“The U.S. refusal to participate in CRS is key”
to the United States being dubbed a tax haven,
according to Schneidman. The Foreign Account
Tax Compliance Act merely requires foreign
financial institutions to report U.S. account
holders—it does not require reporting in the other
direction. “FATCA is just for our benefit,” said
Schneidman. (Alan Appel and Schneidman,
“Hiding the Ball — Transparency, Tax Law and
the U.S. as the World’s Favorite Tax Haven,” 75
NYU Institute on Federal Taxation (2017)
(forthcoming).)…..”
cited at http://moodysgartner.com/wp-content/uploads/US-as-a-tax-haven-20170626.pdf