Author Archives: Jefferson D Tomas

About Jefferson D Tomas

Blogger who hates US extraterritorial policies. They violate international law, the autonomy of sovereign nations, and result in situations where certain people cannot live live normally like their neighbors do.

Bopp FATCA Case Update: Plaintiff’s Opposition to Government’s Motion to Dismiss

This just out from Republicans Overseas:

Yesterday [29.12.2015] Mr. Bopp filed his 36-page Plaintiffs’ Memorandum in Opposition to Defendants’ Motion to Dismiss in the US District Court for the Southern District of Ohio. DOJ lawyers asked Judge Rose to dismiss our lawsuit.

Mr. Bopp argued the lawsuit is justiciable for three reasons: plaintiffs have standing, the Anti-Injunction Act does not bar plaintiffs’ claims, and plaintiffs Eight Amendment claims are ripe for adjudication.

Mr. Bopp further argued plaintiffs should be granted relief requested based on their claims for four reasons: the IGAs are unconstitutional sole executive agreements, reporting requirements violate equal protection for Americans living abroad, the challenged penalties violate the Excessive Fines Clause, and reporting requirements violate the Fourth Amendment.

Now we are waiting for Judge Rose’s ruling not only on this matter, but also on Plaintiffs’ Motion for Leave Amend Complaint. We expect both rulings will be handed down in 2016. This only means our fight to defend 8.7 million overseas Americans’ constitutional rights continues. Happy New Year!

Republicans Overseas Facebook Link (Thanks to Keith Redmond): Mr. Bopp filed his 36-page Plaintiffs’ Memorandum in Opposition to Defendants’ Motion to Dismiss in the US District Court for the Southern District of Ohio

The entire pleading may be downloaded here: Plaintiffs’ Memorandum in Opposition to Defendants’ Motion to Dismiss

Isaac Brock Society post on same: Bopp FATCA Case Update: Plaintiff’s Opposition to Government’s Motion to Dismiss

Related IBS posts about the “Bopp” lawsuit:
Judge Rose denies plaintiffs application for injunction in the Bopp FATCA Legal Action Lawsuit.

Finally the Bopp suit has arrived

Vaud League Article “FATCA Kesako” === “FATCA What’s-it??”

Please have a look at the article in French,
partial translation at IBS:

And if you still know any Swiss Citizens to sign the anti-FATCA referendum for Switzerland, please get them to sign and send in the sheets:

FATCA IGA and Application Law Approved by Swiss Parliament

L’accord fiscal avec les Etats-Unis passe le cap du National

The taxation agreement on FATCA between Switzerland and the US that would prevent American taxpayers from avoiding the [IRS] was accepted Monday by the National Council [lower house of Parliament] by 112 to 51.

Accounts held in Switzerland by American taxpayers should no longer escape the IRS. By 112 votes to 51 and 21 abstentions, the National Council passed the FATCA agreement Monday. The bill returns to the Council of States [Senate] for a minor divergence regarding the [date?] of entry into force.

The American law called FATCA was to be in effect from next January. The agreement [IGA] and its [Swiss] enforcement law… was prepared in view of this [date]. In the meantime, Washington made it known that the new rules would be applicable only from July 2014.

Past not yet dealt with.

With this treaty, Switzerland should be able to put an end to the taxation conflict with the United States. But only for future taxation of American accounts.

In order to draw a line through the past, certain banks must await the verdict of the American court system, and others must resort to a program concocted by [Washington] which would essentially put them at risk for significant fines and [require] transmission of data to [the IRS].

My assumption here is that the Swiss enforcement law is being returned to the Senate in order to change the effective date to July 2014, but I am not certain. Please see text of the enforcement law and previous discussions here at IBS: Discussions on Swiss Senate Approval of FATCA and SIF page

Here are some direct links cited on aforesaid IBS post, dating back to the June approval of FATCA and Swiss enforcement law by the Senate:

Proposed Federal Law (French): Proposed Enforcement Law

Text of the IGA (English): IGA

Text of the IGA (French): IGA-French

Report (French): Report

What really upsets me is that we had heard in the news that the debate on FATCA would go to the lower house in November. Also, I am wondering if anyone in either house of the Swiss Parliament knows that a drive for repeal is under way. The RTS article does not mention bone fide residents of Switzerland or neighboring countries. Again, our plight is ignored by the press.

Please everyone, write to RTS and other Swiss news agencies to remind them of who this will affect.

Swiss Parliament to Vote on FATCA IGA in Summer Parliamentary Session, Proposed Swiss Federal Law to Apply FATCA

I would like to draw your attention to my latest article at IBS about the FATCA IGA with Switzerland, the proposed application law, the parliamentary consultation procedure now in progress, and my emails exchanged with the Swiss State Secretariat for International Financial Matters.
Continue reading