Barrie McKenna, Globe & Mail 30 July 2014, p. B3
“A leading accounting firm is taking the unusual step of urging Canadians to double-check their citizenship status, warning there may still be thousands of accidental Americans in Canada oblivious to their U.S. tax obligations.”
Only three comments so far. I made a comment, calling attention to the ADCS.
James George Jatras details the complete absence of legal authorization for FATCA Intergovernmental Agreements in a new opinion piece for Forbes, as well as on his own blog site, repealfatca.com. As willfully ignorant countries around the world line-up to needlessly sign-away their sovereignty and privacy rights, it is important to remember that all FATCA IGA’s are mere pseudo-treaties, built on a legal foundation of quicksand. Only Congress has the constitutional authority to enact international treaties, not the executive branch – not Treasury, not the IRS and certainly not Obama, no matter how many executive orders he may sign with a Louis XIV-like flourish.
Notwithstanding any other provision of law, not later than 30 days after the close of each calendar quarter, the Secretary shall publish in the Federal Register the name of each individual losing United States citizenship (within the meaning of section 877 (a) or 877A) with respect to whom the Secretary receives information under the preceding sentence during such quarter.
Notices to be printed in the Federal Register for 30 July 2014 have just been placed on public inspection, but the Quarterly Publication of Individuals Who Have Chosen to Expatriate is not among them. This means that for the eighth quarter in a row, the list of certain expatriates will not be published in a timely fashion as required by 26 USC § 6039G(d).
Defenders of the poor beleaguered Secretary of the Treasury will claim that he already approved the list for publication, and it’s someone else’s fault that it failed to actually get published on time, and that he hasn’t broken the law. But applicable case law shows quite clearly that when a statute requires publication of a notice, mere agency approval or placement on public inspection is not enough to meet the requirement of the law.
And since the IRS is so concerned that about international reporting requirements these days, shouldn’t they be enforcing 6039G(d) just as strictly as they enforce its neighbour, 6038D?
UPDATE November 28, 2017:
Also, see MuzzledNoMore’s updated post, United Nations Human Rights Complaint: Seeking Advice and Additional Signatures
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UPDATE November 23, 2017:
UN Complaint Final July 29 2014 – updated links November 23 2017
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UPDATE JANUARY 10, 2017:
From MuzzledNoMore:
Just letting everybody know that we’re still waiting to hear from the UN about the status of our Complaint. With any luck we’ll have the matter taken care of within the next few months by the new Republican administration in Washington. Who knows? Maybe the UN is watching and waiting to see what happens as well. In any regard, the UN has informed us that it can take up to three years for a Complaint to reach the stage at which it will be considered or rejected.
If a “domestic” solution is possible, there will be no need for the UN to address the issue. When we filed the Complaint nearly two and a half years ago we could never have believed that repealing FATCA and switching to residence-based taxation would have made it to the 2016 Republican Party Platform. Now it remains to be seen if the party will follow through with its promises.
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UPDATE MAY 21, 2015:
Today we received official confirmation from the United Nations Human Rights Council that our Complaint has been received and is in the queue pending approval (or not) for admittance into one of the Working Groups. The next session of the Working Group on Communications is scheduled from 17 to 21 August 2015. Further information will be shared with us after that date.
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UPDATE NOVEMBER 6, 2014:
From MuzzledNoMore:
We have finally received confirmation that our Human Rights Complaint against the United States has been received by the United Nations. This is great news! But let’s not pop champagne corks just yet. There is no indication that the Complaint has been read or considered for acceptance into the complaints process in any way. That is all yet to come. But we have made a huge step forward! That deserves a few cheers all round … even without the bubbly!
UPDATE OCTOBER 27, 2014:
Permission has been given a university researcher to access to our UN Human Rights Complaint to analyze ethical assumptions on FATCA. That access will be used for academic purposes, content not to be released (as the UN has not yet acknowledged receipt of this UN Human Rights Complaint).
We view as a significant step that this document will be studied for moral dimensions and ethics. We continue to anticipate the time we will be able to publicly release contents of the Complaint, likely AFTER the next scheduled meeting to review such complaints, sometime in April 2015.
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UPDATE SEPTEMBER 10, 2014:
“JC” commented, and he’s right:
Whenever that text for the human rights complaint comes out that, I believe, will be a big help at raising awareness.
The text of the Human Rights Complaint will be published when we know the UN has received and considered it. There has been no confirmation that our submission was considered for the meeting in August (…our submission was sent just before the August meeting so, just by number of other submissions received before ours, our Human Rights Complaint may not have been considered in the time allotted). It looks like the next UN meeting to consider Human Rights Complaints is scheduled for April of 2015 — that Committee meets twice a year.
In the meantime, our fundraising must be pinned to its stand-alone legal claim and importance which absolutely addresses our human rights issues.
Donate Now: http://adcs-adsc.ca/
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August 7, 2014 UPDATE:
The Human Rights Complaint has been submitted. Thank you to those who worked on the document and made this happen. A very special thank you to all who came forward to put your names on this important document. We had a total of 41 signers, representing the countries of Canada, Germany, Japan, the UK, Australia, New Zealand, Denmark, Estonia, Switzerland and Belgium.
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August 5, 2014 UPDATE:
Note: there is a confidentiality clause in the document that your name / nationality / country be kept confidential. My name and address will be the only one that might not be confidential. I wanted to share with you two notes waiting for me this morning:
Hi Carol,
I am very disappointed that more people did not come forward and sign this document, I do not understand why people are afraid to speak up for what they believe. People are so afraid of the bully acts of the USA, We must stand together, I am asking all people that the US government deem US citizens to step forward and stand up against the US and the Harper government for allowing FATCA into the Canadian banking system.
I am not on facebook or twitter. I give you permission to post this.
Disappointed
XXX
Hi Carol,
I am surprised that so few people have signed. This makes me uneasy. People must be frightened. Do you expect repercussions against the signers? At the moment I don’t have the strength to deal with any more troubles. Would you please put a hold on my name until I can evaluate your assessment of possible repercussions.
Thank you,
YYYY
I answered YYYY:
Absolutely. I can take your name off the list of signers if you are not comfortable with that — you must be OK with your decision. We will probably be sending the Complaint on Thursday, August 7th .
No, we don’t expect any repercussions against any of the signers. We will ask for confidentiality in one of the clauses.
As with everything else of this with this (persons on blogs, getting together for protest, etc.), people are afraid to step forward. The US weapon toward its people always is FEAR. That is what we see here. That is our biggest obstacle and what may defeat us in the end.
Dr. Stephen Kish, Chair of the Alliance for the Defence of Canadian Sovereignty signs his name on behalf of the millions of *US Persons* Abroad who are afraid to sign.
Thanks, YYYY.
FEAR: the most effective tool the USA has at its disposal is at work in all we see regarding US Persons Abroad coming forward in unison to fight the good fight. If anything defeats us, it will be our FEAR.
As you all know, I fear too for my son’s name to be out there as it is my duty as a parent to protect his best interests. Because of my own fear, I went through all the complex back US tax filings through use of professionals in the US compliance industry. That was my choice as I could absolutely not do it myself and I so wanted this behind me, to stop the leak of my hard-earned retirement funds to be passed to the US IRS. I’m still in this game. I replied to a commenter at Isaac Brock yesterday and Stephen Kish picked part of what I said to update the ADCS-ADSC Charter Challenge post yesterday:
UPDATE August 5, 2014 (https://isaacbrocksociety.ca/2014/06/01/its-time/)
Carol, an ADCS-ADSC Board Director, explains why she donated to this lawsuit:
The purpose of the lawsuit, to me, is to stop the obscene injustice of all of this, regain rights waived by the Canadian government’s implementation of the US FATCA IGA, thereby putting the financial institutions before individuals and families who are being criminalized!
I’m in for that just as I’m on this blog, hoping people learn from all of the stupid mistakes I made along the way — I don’t want others to make those same mistakes.
It’s about people getting their lives back, along with their dignity and their mental and physical health and to stop the the handing over to the US a good portion of what they’ve saved for their retirements.
It is about wanting Canada to remain a sovereign country, not taken over by the USA. It’s about what I think is right and not wanting to silently stand by and let this happen. It’s because I believe in free speech and don’t want to be shamed into not speaking out, at this point especially for other families who have a family member with some developmental disability or some other ‘mental incapacity’.
My update for now and my regards to all,
August 2, 2014 UPDATE:
Thank you very much for everyone who has corresponded to me at calgaryfouroneone@gmail.com to request the password and give permission for your signatures to be added. Your supportive emails are wonderful.
He is what we have for signers to the Human Rights Document:
18 – Canada
2 – UK
1 – Australia
1 – Belgium (US/Dutch Citizen)
1 – Denmark
1 – Germany
1 – Japan
1 – Switzerland
Note that one of the Canadian signers is Dr. Stephen Kish (Canadian, US)–signing personally, and on behalf of the “Alliance for the Defence of Canadian Sovereignty” Board of Directors, and the millions of U.S. persons living abroad who are too frightened to sign this document.
Also waiting to hear back from 4 in Canada (one from Quebec) and one from New Zealand.
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July 30, 2014 UPDATE:
Here is the FINAL Human Rights Complaint, available to those that are considering signing. To access the password for this document, contact and request from calgaryfouroneone@gmail.com.
Each person sending a request will receive a copy from calgary411 “in Confidence” with the CLEAR understanding that it is NOT to be published. For anyone who wants to have another person read/sign the document, that other person also needs to obtain it through the Isaac Brock Society or Maple Sandbox channels. Signatures will only be accepted from those who have gotten the document through calgary411. This stipulation is necessary to keep some lid on the proliferation of this information.
We will announce when we know the timing for the agency committee looking at this document for review. We will update on this post any feedback from the agency as it is received.
This document is the collaboration of contributors to both blogs and took over a month to write, discuss and edit in consensus with a group of 15 who have vetted and approved it in its entirety. It stands as presented to them. Bloggers can have their say but there will be no further changes to the document. It is what the agency says that matters.
Sign if you are in agreement and can do so by providing to calgaryfouroneone@gmail.com your name and your nationality and/or country of residence. The Human Rights Complaint will be submitted electronically. Submitters’ names and nationalities will be typed onto the lines provided on page 1. No physical signature is required.
If you are not comfortable with the document, you do not have to sign.
TIME IS OF THE ESSENCE.
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Two dedicated individuals who participate at both the Isaac Brock Society and the Maple Sandbox blogs have prepared a comprehensive Human Rights Complaint that will be submitted on behalf of all *US Persons Abroad* the world over. Others offered suggestions on how that information should best be presented in the constraint of number of pages allowed for the Complaint. We appreciate the legal eye and suggestions for going forward with this Complaint from Professor Allison Christians.
The document now complete, I have been asked to post an announcement on their behalf. Unfortunately, because of their personal situations, they cannot lend their names to the document and this will be the end of Phase I, produced for all of us, with their great care.
I so appreciate the incredible work that has gone into this on behalf of all of us. Here is what they say:
A group of writers from the Isaac Brock Society and Maple Sandbox blogs has prepared a document that challenges citizenship-based taxation (CBT) as a violation of internationally recognized human rights. This document will be submitted as a formal complaint to a major international human rights organization within the next ten days.
Any readers who would like to support this effort by “co-signing” (having their names added to the list of those filing the complaint) should so indicate by sending an email to: calgaryfouroneone@gmail.com.
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The Canadian writers of the complaint hope to make this a truly international effort. Bloggers from all over the world are welcome to lend their names to this historic document. Signers do not have to be US Persons.****************
Signers should feel comfortable with using their own names (pseudonyms are unacceptable in this instance) and should provide their nationality and/or country of residence as well.
Jack Townsend recently posted an article on his blog by David Jolly out of the UK about France now going after UBS for tax evasion.
This prompted me to write a reflection, which Petros has asked if I would post here. It did NOT attract any attention there, so might as well. LOL.
In a quick synopsis I make the connection of UBS being the triggering mechanism for FATCA and the global GATCA, mostly unreported in U.S. media. I have some thoughts about what this might mean for regulatory overload as more and more is piled onto small and medium sized financial institutions that can not keep up. When will the full FATCA blow back happen in the USA, and what will the impact be?
Nothing earth shattering in analysis, or insight. It is just something that has fascinated me. I have been watching for a long time. We are well down the road now to a global dragnet and the total surveillance state. It is dressed up by Progressives, OECD elites and the Tax Justice types as some desired dream state of financial transparency for ALL. For me, it seems like a nightmare. How regressive, dare I say repressive, will these Progressives types be in pushing their GATCA agenda?
I have reproduced my comment below with some tweaks. Might edit it more later, but off for 3 day back packing trip and wanted to post before I left.
A U.S. law aimed at cracking down on tax evasion by expatriates has collectively cost Canada’s five biggest banks about 750 million Canadian dollars (US$693.5 million) in initial compliance expenses, according to people familiar with the matter.
Read more here: http://online.wsj.com/articles/canada-banks-tally-their-tax-compliance-tab-1406504252?mod=WSJ_Opinion_LatestHeadlines
Hint: if you have trouble viewing this article, try cutting and pasting the headline into a Google search.
i.e., If anyone cannot get past the log in / subscription page: go to GOOGLE NEWS; in the search box there, insert Canada Banks Tally Their Tax-Compliance Tab.
July 28 UPDATE:
I spoke to Lynne today. She thanks everyone for their good wishes, but still is not feeling well enough to have visitors.
We all want her back with us soon.
July 25 UPDATE:
Many of you know that our warrior Lynne Blaze sustained a serious injury.
Lynne is still in an acute care hospital, will probably be there for awhile, and then will likely move to a rehab setting. I expect that she will return to us in about six weeks or so.
Lynne used many very colorful words to describe her situation in hospital, that I cannot repeat.
The nurses at the hospital refer to Lynne (who I have always described as “Kindly Lynne”) as “feisty.” Lynne herself explains to me that “My inner bitch has now come out!”
So, I send flowers — for Lynne
…or for her nurses…
She is the same Lynne again that we all know, and she knows that we all miss her.
PS: No, No, Lynne — not yet!!!
Stephen
It is also important to note that FATCA’s requirements are the same for all American taxpayers—expats are treated no differently. All citizens are required to comply with United States’ tax laws and FATCA is a tool to enforce them. Tax evaders should rightly worry that FATCA will reveal their illicit activities.
Mark J. Marzur, Assistant Secretary for tax policy, United States Treasury Department (emphasis mine)
FATCA hunts down “US taxpayers” as defined by US law, considers their legal activities in Canada carried out as Canadian citizens as illicit, and then tells these “US persons” that they should be rightly worried about their “illicit” activities. No, Mr. Assistant Secretary: You don’t have clue. You must go back to school and study international law: (1) The Master Nationality Rule says that every country has the right to consider their resident citizens as only their citizens and not the citizens of any other country; (2) the Dominant Nationalty Rule says that a so-called dual citizen has the right to protection of the country with which they they have the most ties; and (3) The Rule of State Nonresponsibility that a state has no right to protect a citizen–or steal from them–if they are currently inside a country in which they have citizenship. FATCA conforms to none of the international rules of dual citizenship.
By completely disregarding the international doctrines of dual citizenship, the United States is a rogue nation, forcing other countries to “out” instead of protecting their own citizens.
The above statement of the Assistant Secretary raises a serious moral issue. If US Treasury wishes to ignore international law, then it is the United States which is involved in the illicit activity, not innocent Canadians who live in Canada and carry out their activities under the protection of the Canadian government (or the citizens of any other country for that matter). The immoral SOBs are not the accidental Americans–people whose only failure was birth in the United States–but the United States for taxing them.
The end result of immoral activity by the United States is war. We now see wars around the globe that the United States has instigated: Syria, Libya, Iraq, Egypt, Ukraine, and Israel/Palestine. The US is funding terrorists and neo-nazis in these various countries and it is causing instability, war, and death. FATCA is an extension within the financial realm of US imperial policy. It is financial terrorism: Financial American Terrorism Contra All.
Thanks very much, PatCanadian, for doing this interview!
Vancouver Sun: Metro Vancouver Woman Joins Movement to Drop US Citizenship
The author, Douglas Todd made contact with Pat, due to Pat having contacted the Vancouver Sun regarding their coverage of FATCA/US tax policy on Canadians.
He also asked Pat if she could help him get in touch with other people affected by this – several other Brockers/Sandboxers have – and also at the end of the article asks people to get in touch with him. I’m wondering (hoping!) that’s because he plans to do more coverage of this important issue.
It’s a complex issue with several, if not many, facets. If you’d like to share your story, or general information about the issue, and/or suggest another article focusing on a specific aspect/s of the problem, it may well be worth getting in touch with him.
Obama: Companies that avoid taxes are renouncing citizenship
President Barack Obama plans to go on the offensive later Thursday against companies that use cross-border mergers to avoid U.S. taxes, accusing them of essentially renouncing their American citizenship to shield profits. Bloomberg reports Obama will say in Los Angeles that companies using so-called inversions benefit from the economic advantages of being in the U.S. while adding to the tax burden of middle-class families. Democrats have called for action to stop inversions but analysts say near-term chances of legislation being enacted are very low.
Renouncing citizenship would appear to be a heinous crime, similar to treason. One such criminal, Peter Dunn, also appeared in a MarketWatch article by Al Lewis:
Tax man makes it hard to be an American, Commentary: Tough IRS rules hit the little guys hard
I feel honoured to be in a special class of criminal merely for exercising my universal and fundamental right to change my nationality.
