Category Archives: Issues regarding US persons abroad

The following email was sent to my MP, Scott Armstrong, signed with my real name:

Dear Mr. Armstrong;

In 1958, my Canadian parents crossed the US border and attended the nearest “maternity home” where I was born before we all returned home to Canada.  Since that time, I have never lived, worked or voted in the US.  I have always lived, worked, voted and paid taxes in Canada.  I also bank here, where I continue to live.

As someone who has voted for you in the past, I would request that you answer the following questions, the answers to which will determine if I ever vote for you again:

1. Do you consider me to be a Canadian who was born in the US, or a “US person” who lives in Canada?

2. Based on the fact I am Canadian, have always lived and worked in Canada, and do all my banking here in Canada where I live, do you consider my bank accounts “offshore” and the business of any foreign government?

3. According to the Master Nationality Rule, a Canadian living in Canada is only Canadian.  Do you believe this, or do you believe that a Canadian living in Canada can also be American or Eritrean, and thus be subject to the laws of those nations while in Canada?

4. Do you believe that might makes right (i.e. that the US can do what it wants inside Canada, because of its might, but Eritrea is not allowed to do the same thing) or that Canada should stand against all foreign marauders?

5. Do you support the Canadian Charter of Rights and Freedoms and its guarantees to protect people from unlawful search and seizure and to not be discriminated against based on national origin?

6. Do you support the FATCA IGA, which assists the IRS in a fishing expedition which, while allegedly aimed at tax cheats, will actually result in a massive by-catch of honest, law-abiding Canadians (and we know what becomes of the by-catch on a fishing expedition)?

7. If you answered “yes” to 5 and 6 above, how do you reconcile that, considering that the IGA violates the protections guaranteed in the Charter?

8. Do you honestly believe that there will ever be reciprocity, when all the US is promising to do is “to pursue legislation to provide reciprocity” or do you accept that Canada will get nothing from this except to maintain the status quo (i.e. avoid economic sanctions)?

9. Do you believe that Canada is a sovereign country, and should not acquiesce to the extortionist demands of foreign powers?

10. Would the Conservative government be so quick to sign an IGA that violated the Charter rights of any other group except “US persons”, or is the political calculus that Americans are unpopular enough that trampling on their rights will have little political fallout?

11. When the enabling legislation for FATCA is tabled, do you intend to support it or to take a stand for Canadian sovereignty and the Charter rights of all Canadians?

Thanking you in advance for your prompt reply.

Canadian Cop

Today’s TED Talks (from Vancouver, Canada) is worth a listen. What Edward Snowden says about the internet, pertains and resonates for me re FATCA:

It too bothers me so much for people to say “if you’ve done nothing wrong, you have nothing to worry about.” You’re giving up your rights! You’re saying “I don’t think I’m going to need them — “these guys” are going to do the right thing.” I agree that: Your rights matter because you never know when you’re going to need them. They should not be taken away without due process.

Privacy — What does it matter?

IMPORTANT UPDATE: Here’s the explanation to the “secret court” reference: How a Court Secretly Evolved, Extending U.S. Spies’ Reach” by CHARLIE SAVAGE and LAURA POITRAS, NY Times, MARCH 11, 2014

and here’s a link to the: TED talk video, including transcript

Many interesting points, among them:

Who I am (Edward Snowden) doesn’t matter at all.

We don’t have to give up our privacy to have good government.

Is it really “Terrorism” we’re stopping? Or is it that justification provokes an emotional response? (Just as justification of FATCA as the term “Tax Evasion” provokes an emotional response.)

Re NSA “Boundless Information terminology” and how much interception: NSA says to tell you that would invade your privacy.

More communications are being intercepted by the NSA in America about Americans than in Russia about Russians.

Related: Debates: Does the NSA mass surveillance program violate privacy and due process?

Or some ask: Does Edward Snowden even exist?

Please have a look at:
RTS Article in French: McCain and Levin call for extradition of Swiss Bankers.

La lettre souligne que le traité d’extradition helvético-américain n’oblige pas la Suisse à extrader des citoyens ayant uniquement aidé à éviter les impôts. Le DoJ devrait cependant essayer d’obtenir la collaboration de la Suisse, réclament les sénateurs.

The letter emphasizes that the Swiss-American extradition treaty doesn’t oblige Switzerland to extradite citizens who only helped [some person/entity?] to avoid tax. The DoJ should nonetheless attempt to obtain the collaboration of Switzerland, insist the Senators.

Well, I don’t think the Senators have read the Swiss Federal Constitution.

If aforesaid “bankers” are Swiss citizens they cannot be extradited unless they consent.

Art. 25 Protection contre l’expulsion, l’extradition et le refoulement
1 Les Suisses et les Suissesses ne peuvent être expulsés du pays; ils ne peuvent être
remis à une autorité étrangère que s’ils y consentent.

Article 25 Protection against expulsion, extradition, refusal of entry at the border 1 Swiss [citizens] cannot be expelled from the country; they cannot be handed over to foreign authorites unless they consent.

Levin, McCain… are you inciting more treason on the part of the Swiss Federal Council? You should be ashamed of yourselves. Respect the Constitution of Switzerland as you should respect your own.

Finance Minister Jim Flaherty resigns from cabinet http://t.co/uKfAL1H6uI Is it due to #FATCA #IGA

— USExpatCanada (@USExpatCanada) March 18, 2014

According to The Times of Israel, American ex-pats in that country are now facing dual threats from the IRS:

The US is gearing up to reach out to American citizens abroad that it believes have not paid their fair share in taxes. Israel is set to begin enforcing new US rules on reporting the existence and activities of accounts in Israeli banks held by American citizens or dual-citizens. That is in addition to a marked increase in audits and investigations of American ex-pats in Israel by the US — to the extent that a rumor has surfaced that the Internal Revenue Service has opened a “branch office” in Israel to handle the volume of audits.

Read more: Americans in Israel to face FATCA, IRS collectors | The Times of Israel

Judging by the comments so far, Brockers should find a receptive audience.  A good outreach opportunity.

I’ve been saying for about three years now that US citizens abroad and all foreign investors should liquidate their US assets and expatriate them.  It now looks like it is too late for a few of Putin’s best friends:

Obama Issues Executive Order Freezing Assets Of Seven Putin Aides

I’m not sure about the legality of seizing private property without due process of law (cf. Fifth Amendment). But rule of law has never been Barack Obama’s strong point.