cross-posted from citizenshipsolutions
originally published July 7, 2016
The Ownership and use of the U.S. Person Which Includes a Citizen as an Instrument of Foreign Policy
Part IV – The use of U.S. citizens as instruments of foreign policy
To leave the USA one needs a passport and when it comes to having a U.S. passport …
22 U.S. Code § 212 – Persons entitled to passport https://t.co/sVDeQndIt7 via @LIICornell – allegiance to USA is a necessary condition!
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) July 7, 2016
No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States.
“U.S. citizen” vs. “U.S. Person” – What is the difference?
All U.S. citizens are U.S. persons, but not all U.S. persons are U.S. citizens
A U.S. citizen is a "U.S. Person". But, not all "U.S. persons are U.S. citizens".
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) July 3, 2016
My impression is that:
– the term “U.S. citizen” is a term that is used to describe one as a person who has rights or membership, benefits and some responsibilities to the United States
– the term “U.S. Person” is a a broader term that “U.S. citizen”. It is defined differently in different pieces of legislation. The class of “U.S. Persons” is broader than the class of “U.S. citizens”. The class of “U.S. Persons” often includes “Green Card holders”, perhaps “U.S.
Nationals”, etc. For example, S. 7701(a)(30) of the Internal Revenue Code defines “U.S. Persons” as “citizens or residents”.
The term “U.S. Person” appears to be used in a context that imposes prohibitions and sanctions directly on the “U.S. Person” and/or is used to imply “U.S. ownership and control” over the person. Often this “ownership or control” is exercised in the context of U.S.
interaction with “foreign nations”. When used in the context of interaction with “foreign nations”, the “U.S. Person” is often used as an instrument of foreign policy.
When you see the words "U.S. Persons" in a U.S. law or regulation you can assume that a "control", "sanction" or "implementation of foreign policy" will follow. "U.S. person" is a term signifying "sanction" or "control". https://t.co/9u56Srrex6 pic.twitter.com/h58qTEcRRC
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) November 19, 2017
There is no one definition of “U.S Person” …
Thinking more about the different kinds of "U.S. Persons" … https://t.co/azs8Jrl0Ug
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) July 3, 2016
Are you a "U.S. Person"? It's defined differently in different pieces of legislation https://t.co/839GxdG7Wm
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) July 3, 2016
Restrictions on U.S. currency going to Cuba …
When it comes to Cuban Democracy, here is how a "US Person" is defined: pic.twitter.com/ru2OKOGbDZ
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) July 3, 2016
When it comes to “Corrupt Foreign Practices”, “U.S. citizens”
are “domestic concerns” …
Foreign Corrupt Practices Act (FCPA) https://t.co/3EKQIbIYrJ – applies to "US Persons"
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) July 4, 2016
It has become clear that United States enforces its extra-territorial law by pressuring other governments, organizations and entities (under threats of sanction) to do “U.S. dirty work for the U.S.”.
Some examples include:
– the use of the OECD to enforce the U.S. Corrupt Foreign Practices Act
– the FATCA IGAs to impose U.S. taxation on the citizens and residents of other nations
– as per Juan Zarate in “Treasury’s War” the “blacklisting of foreign banks”
The OECD employs “full-time lawyers” whose mission is to enforce the U.S. Corrupt Foreign Practices Act worldwide!
Bobby, you may be a national hero, but don’t even consider playing chess in Serbia …
Citizens as property of government – The tragic story of Robert James "Bobby" Fischer https://t.co/bahGaUnp20 via @USCitizenAbroad
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) July 7, 2016
Restrictions on “U.S. Persons” under FATCA and the FATCA IGAs …
26 U.S. Code § 1471 – Withholdable payments to foreign financial institutions https://t.co/ajJXn3pZur @LIICornell – "U.S. Person" referenced
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) July 3, 2016
When it comes to FATCA, the definition of “U.S. Person” is broad …
Who is a U. S. person ( or has U.S. indicia) according to the IRS | Maple Sandbox https://t.co/N2PeEtFyrf – mostly describing "residents"
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) July 3, 2016
Posts in this Series
Prologue – U.S. citizens are “subjects” to U.S. law wherever they may be in the world
Part II – – U.S. Citizens living abroad – “Life in the penalty box”
Part IV – The use of U.S. citizens as instruments of foreign policy
Part V – Why Americans abroad are renouncing U.S.
citizenship
Part VI – The injustice of the S. 877A “Exit Tax” as applied to Americans abroad