Tag: U.S. Treasury Dept.

Principles of Treasury’s (reserve currency) War used by private plaintiffs – U.S. law determines who non-U.S. banks can do business with

 
I was reading an article this evening which reminded me I had never taken the time to really learn what was involved after World War II and the Bretton Woods. I need to trace back to a point before the IMF and the OECD were involved in developing globalization policy, especially when countries sign onto these rather than being the originators of the policies. At any rate, talk about procrastination, the post I had intended to read was put up 2 years ago! However, the more one delves into all the accompanying issues of complying with US tax and reporting requirements, etc, the more one comes into awareness of why the US (thinks) has the power to do what it does.

reposted from the renounceuscitizenship blog
 
Prologue a comment to a blog post from 2014 …
 

Mr Jatras:

Thanks for a great article. You have used FATCA as a particularly egregious example of the propensity of the President to either ignore law or make law himself. The Obama presidency is one characterized by a rogue President who does what he wants, when he wants and to whom he wants.

One interesting example is the recent 10 billion dollar fine which he personally levied against the French Bank BNP. This is described in “The Economist” as follows:

“WHAT is the appropriate penalty for a firm that abets genocide? Roughly a year’s profit and the sacking of a dozen employees, the American authorities concluded this week. At any rate, that is the punishment meted out to BNP Paribas, a French bank that pleaded guilty to helping the Sudanese government sell oil, clearing proceeds through New York in violation of American sanctions. At the time government-backed militias in the region of Darfur were massacring civilians by the tens of thousands.”

What’s interesting that the bank was fined NOT as a result of a direct act of Congress, but as a fine levied as Executive Order 13622, by President Obama himself, found here:

Interestingly, the U.S. is claiming jurisdiction over the French Bank on the basis that the bank was using U.S. dollars.

To put it simply we have a situation where:

1. President Obama decides to impose a 10 billion fine on a French Bank; and

2. He claims jurisdiction over the bank on the basis that the bank was using U.S. dollars.

Leaving aside the troubling issue of Obama acting as though he is a “law unto himself”, it is obvious that the U.S. can no longer be trusted enough for the USD to be the main reserve currency. The erosion of the status of the USD is well under way.

The threat of FATCA sanctions levied at non-U.S. banks will exacerbate that trend.

Thanks again for a great article!
 
How the U.S. uses the dollar as to regulate foreign banks by “its very nature benefit U.S. citizens

The above tweet references an article that is of interest because it demonstrates the extension of Treasury’s War to a private plaintiff. It demonstrates how (as per Cook v. Tait) the U.S. government “by its very nature benefits its citizens“.

In other words if:

1. U.S. law prohibits a non-U.S. bank from performing certain acts or dealing with certain people.

2. That bank performs an act that U.S. law prohibits

Then,

That bank is liable to a private “U.S. citizen” plaintiff for damages.

The article includes the following:

In a unanimous verdict late Monday, a federal jury agreed that Jordan-based Arab Bank violated U.S. anti-terrorism laws in conducting business with Hamas-linked “charities.”
 
Some Israelis refer to Arab Bank as the “Grand Central Station of terrorist financing.”

It is the first case that successfully employed the strategy of going after terrorists by suing a major bank that allegedly did business with them. More than 300 U.S. nationals were part of the landmark terrorism trial that began last month in New York.

Some Israelis refer to Arab Bank as the “Grand Central Station of terrorist financing.” The plaintiffs or their family members were injured or killed in terrorist attacks while visiting Israel between 2000 and 2005 during the second intifada or Palestinian uprising.

Arab Bank Accused of Helping Reward Hamas Suicide Bombers in Terrorism Case

 
In finding the bank guilty of violating anti-terrorism laws by providing material support to Hamas, jurors rejected Arab Bank’s key defense that it had no way to know some of its clients were using its accounts to provide payoffs for terrorist acts.
 
Nobody likes violence, but …

I suggest that there is a broader principle at play here. Can the U.S. government be permitted to regulate the conduct of foreign banks? In his book, “Treasury’s War“, Juan Zarate details how the U.S. government, rather than going after the “bad guys”, goes after those who do business with the “bad guys”.

The jurisdictional basis for the U.S. Government asserting jurisdiction over non-U.S. banks
 
Now, any “right thinking” person would wonder:

How can the U.S. government regulate foreign banks?

How can the U.S. government imagine that it can impose FATCA on the world and use FATCA Sanctions as an instrument of foreign policy?
 
The answer is … It’s about the “reserve currency stupid!”
 


 
Once upon a time, Circa 1944, when the U.S. government had a reasonable “moral status, before law had become a substitute for morality, the Bretton Woods Conference made the U.S. dollar the world’s primary reserve currency.
 
A bit of history – once upon a time in “reserve currency land …
 
On of the 70th anniversary of the July 1, 1944 Bretton Woods conference – the landmark gathering that created the International Monetary Fund (IMF), the World Bank and later the World Trade Organization (WTO) – it’s hard to know whether it’s the best or worst of times for multilateralism.

Bottom line – On July 1, 1944 the U.S. dollar became the world’s primary reserve currency. Until it is replaced (which is coming) the U.S. dollar is and will be the oxygen of the financial system.

Countries need access to the U.S. dollar which allows the U.S. government to abuse that need. If you want to use our dollar, then you must do what we want! If you use our dollar and violate our laws, we will punish you.


 
@MiaChupacabra @USCitizenAbroad Here is a little exec order for the new President of France http://t.co/t9bp9q7zow
 
— BancdelAsteroideB612 (@BancB612) July 1, 2014
One of the most egregious examples of the U.S. abusing the status of the dollar as the primary reserve currency is the case of the French Bank PNB Paribas. This bank was subjected to a 9.9 billion dollar fine, by a U.S. law that allowed President Obama to be a “law unto himself”. In others words, the fine was effectively levied by Obama.
 

If you have this far in the post, you really need to read the “Economist article” which is referenced in the above tweet.

Of note is the following comment to the article:

America is playing a very dangerous game indeed.It currently has the “exorbitant privilege” of having the worlds reserve currency. The economic dominance that made this so is already declining. By running this sort of extortion racket it is making is more and more likely that the world will move to a different reserve currency – very likely an internationally agreed artificial currency. Then the USA will find that international trading carefully avoids any contamination with the USA. New big international banks will rise which deliberately decide not to have a US banking license.

America will rue the way it threw away its advantage.

A law made by Congress is bad enough, but an order made by President is unjustifiable. It’s not about the law, it’s about Executive Order 13622

On July 31, 2012, President Obama issued Executive Order (E.O.) 13622, “Authorizing Additional Sanctions with Respect to Iran.” The E.O. authorizes Treasury to impose new financial sanctions on foreign financial institutions found to have knowingly conducted or facilitated certain significant financial transactions with the National Iranian Oil Company (NIOC) or Naftiran Intertrade Company (NICO), or any entities owned, controlled by, or acting on behalf of NIOC or NICO, for the purchase or acquisition of petroleum, petroleum products, or petrochemical products from Iran. These entities would be prohibited from opening or maintaining correspondent or payable-through accounts in the U.S. In addition, the E.O. authorizes Treasury to block the property and interests in property of any person determined to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, NIOC, NICO, or the Central Bank of Iran, or the purchase or acquisition of U.S. bank notes or precious metals by the Government of Iran.

Because OFAC has not issued corresponding regulations including general licenses, a number of typically generally licensed activities if conducted with NIOC, NICO and the Central Bank of Iran can now result in sanctionable activity. For example, specific authorization is now needed from OFAC before any person provides mail or telecommunications services to NIOC, NICO, or the Central Bank of Iran. Additionally, any intellectual property claims involving these entities also must be specifically licensed by OFAC – as must the provision of legal services. While these changes again reshape the sanctions landscape with respect to Iran, companies cannot expect a lengthy compliance grace period. Companies must therefore act quickly to assess their current operations, including those of their foreign subsidiaries and affiliates, and develop immediate plans to bring themselves into compliance. Given the lack of corresponding regulations, when in doubt, it may be appropriate to file requests for guidance and specific authorizations.

Are You at Risk Under Dramatic Expansion of US Sanctions Against Iran and Syria?”

For the complete text of Executive Order 13622:

Executive Order 13622

And finally …

We now have proof that the “U.S. government by its very nature benefits its citizens.

Why?

Because if a foreign bank, does something the U.S. government doesn’t like, and a U.S. citizen believes he has been damaged by that act:

The U.S. citizen can sue the foreign bank!

IRS to be audited!

 

reposted from Virginia La Torre Jeker ‘s site

 

 
 

Americans Abroad, IRS to be Audited
 
July 17, 2016

Maybe it’s time for the shoe to be on the other foot.

A new tax watchdog group, the Tax Revolution Institute (TRI) believes that the problems with the US tax system “demand nothing short of revolutionary change.” TRI has commenced a major effort to independently audit the Internal Revenue Service (IRS), with the help of all interested taxpayers.

TRI is a nonpartisan Washington, D.C.-based group, with its nonprofit status currently pending. TRI plans to conduct an “audit” of the IRS, in part, by collecting personal experiences from taxpayers detailing their encounters with the IRS. TRI is “committed to promoting transparency, accountability and integrity at all levels of the US tax system, while researching and developing simple and innovative tax reform solutions to advance freedom and prosperity for all Americans.” As part of its efforts, TRI will also examine the IRS’ employees, work culture, finances, policies and enforcement as well as taxpayer advice given by the IRS. “[T]hrough FOIA requests, briefings, testimonies, advocacy, research studies, white papers, and educational programs, TRI will expose corruption, fraud, and incompetence within the US tax system.” TRI plans to “provide educational tools and resources for tax accountability to policy makers, grassroots organizations, and the American public”.

You can make your voice be heard. Visit TRI’s website. Americans abroad who are experiencing hosts of problems caused by FATCA and citizenship-based taxation can use TRI as a platform for getting their views known and hopefully, acted on!

 
Audit IRS
 
 
Many Americans believe the IRS should be subject to an independent audit. We agree.

We are conducting the first ever independent audit of the IRS, and we need your help.

The Audit will examine all areas of :

The IRS’ treatment of individual taxpayers
The IRS’ treatment of small businesses
The IRS’ expectations of its employees
The IRS’ work culture
The IRS’ handling of its finances
Advice given to taxpayers by the IRS
IRS policy and enforcement
… and more

Click here to read Audit IRS Key Issues List

Every year, the IRS touches the lives of 246.23 million Americans who file tax returns, and has a much greater effect on the lives of the million or so Americans who are subjected to audits.

At any time, the IRS can demand up to six years of accurate financial information. Failure to provide this information can result in large fines and penalties, even in the absence of due legal process.

Unfortunately, the IRS does not meet the standards of transparency that it enforces on others. Lacking public oversight or accountability, the agency has frequently denied requests for information, ignored subpoenas and destroyed records. It has also been found to provide misleading and inaccurate information in response to legal requests.

Anything you share with us will be kept in the strictest confidence. We never publish personally identifying information. We also offer assistance to individuals who have been victimized by un-professionalism or corruption within the IRS. Just check the “I need help” box when completing the form.

Thank you for help.

To learn more about the people conducting this audit visit:

Tax Revolution
 

Republicans Overseas July 5, 2016 Appeal of U.S. FATCA Lawsuit Dismissal

 
 

cross-posted from: Isaac Brock Society

by Stephen J. Kish

The Plaintiffs (of which I am one of seven) of the Republicans Overseas United States FATCA lawsuit, filed, on July 5, 2016 in U.S. Sixth Circuit Court of Appeals, a “Brief” arguing that the U.S. District Court erred in dismissing the FATCA lawsuit.

We are suing: United States Department of the Treasury, United States Internal Revenue Service, and United States Financial Crimes Enforcement Network. SEE THE BRIEF.

“The district court held that no Plaintiff has standing for any of the eight counts (Dismissal Order, RE 42), even with added plaintiffs and facts in the proposed Amended Complaint (RE 32-1).”

“Preliminarily, note that while the Government asserts interests in fighting tax evasion, money laundering, and terrorism, Plaintiffs are ordinary people abroad seeking freedom from serious harms from challenged provisions and IGAs. Plaintiffs are not alone. An extensive, careful survey,[from Democrats Abroad…]”

“The Government has other, successful tools to catch scofflaws without the unconstitutional, intrusive, bulk-data-collection approach of the challenged provisions and IGAs that so harm ordinary Americans.”

“Taxpayer information was recently stolen from the IRS itself because the IRS has not prevented hacking of its own systems and theft of taxpayer information.”

“Thus, people do have a reasonable expectation of privacy from the U.S. and foreign governments in their bank accounts under the situations at issue here. They reasonably do not expect the bulk, blanket reporting of information under challenged provisions and IGAs, including to foreign governments, without any hint of wrongdoing and without judicial oversight, the lack of which makes such searches “per se unreasonable.”18 So Plaintiffs have a cognizable privacy interest.”

“…Plaintiffs rely on no third-party standing, though they provide information about relevant third parties to demonstrate how FATCA negatively affects their lives and relationships. Rather, they rely on their own interests, especially the constitutionally protected interest in not disclosing information they do not want to disclose.”

“The district court said that because Plaintiffs harms, particularly problems in getting banking services for essential everyday-living accounts,20 are not fairly traceable to government action, Plaintiffs lack standing to challenge provisions motivating FFIs not to provide services to Americans abroad….So the argument is not that, e.g., the IRS persuaded some bank to deny services to Plaintiffs Crawford or Kuettel, but that FFIs don’t accept Americans’ accounts because of FATCA/IGA burdens. Where a provision/agreement harms a person by causing FFIs to deny services (or by disrupting marital joint accounts or the ability to open an account in a minor’s name), that harm is fairly traceable to the government responsible for the provision/agreement.”

“The law on causation for standing recognizes such indirect harm. For example, Plaintiffs affected by FATCA/IGAs have standing for the reasons stated regarding Count 1 because the FFI Passthrough Penalty is designed to punish noncompliance by account holders. And Plaintiffs would like to be noncompliant because they are burdened by FATCA/IGAs, which they believe are unconstitutional, but cannot be recalcitrant because of the Passthrough Penalty.”

“Furthermore, Plaintiffs alleged that they reasonably fear that they will be subject to the Willfulness Penalty for willful failure to file FBARs, indicating that they are filing FBARs. The FBAR report is a trap for the unprepared, uninformed, unwary, imposing this excessive penalty on those who know of the report but for some reason fail to get it done.”

“Moreover, Plaintiffs’ harms will be redressed by requested relief as to this Count. See Part I.C. Any notion that they must await a penalty or enforcement action is erroneous because one need not await enforcement to challenge unconstitutional provisions/agreements. And Plaintiffs would not file FBAR reports—and so become subject to this penalty—but for the challenged provision. So Plaintiffs have standing for Count 6…”