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Monday, January 7, 2013

The FATCA Forum

It is a very serious matter when a foreign country in this case the United States tries to usurp certain powers over other countries and its citizens, or the people and permanent residents of those countries. 
The Honourable Sinclair Stevens
Progressive Canadian Party/Parti Progressiste Canadian
  
This man certainly knows how to get to the crux of the matter because fundamentally this is what the United States of America is trying to accomplish with FATCA, the Foreign Account Tax Compliance Act. The question, of course, is whether or not the other countries of the world are going to let them get away with it. (Oddly enough the French I've talked to seem to think the Americans are on to something with this law. Go figure.)

A few weeks ago a forum on FATCA was organized in Toronto, Canada and hosted by the Canadian Progressive Party.  There were many great speakers including Peter Dunn of the Isaac Brock Society and James Jatras of Repeal FATCA. 

Nine videos of the event can be found here:  FATCA Forum.

All of them are excellent and I encourage you to have a listen and to pass them along.

What a pleasure to see a gathering where the subject of FATCA is taken very VERY seriously indeed.  And where the issues, the really important ones like sovereignty, civil liberties, human rights and international law, are so eloquently discussed.

I thought Allison Christians' of the McGill Law School (blog here) talk was particularly fine and so I am re-posting it here.  I learned a great deal (tax treaty override? I had no idea) and I loved her passion.   She does a fine job of explaining why something that sounds so reasonable to many (catch those "rich tax cheats") is pure poison, a legal nightmare, which will have an impact well beyond the few people the law was ostensibly designed to catch.  I wonder if Americans back in the homeland understand that this American law (FATCA) is basically telling other countries (like Canada) to break their own laws or else.  She also raises the question of whether or not FATCA could be considered an impediment to American citizens' freedom of movement (their ability to move out of the U.S. and around the world) and suggests that a U.S. constitutional scholar have a look at this.  And finally she discusses FATCA and international law.  Fascinating stuff.



Tuesday, December 25, 2012

A Christmas Classic from Petros

This piece by Peter Dunn (Petros) of the Isaac Brock Society is destined to become a Christmas classic among us "U.S. Persons" abroad.

It certainly enjoyed a wide audience last year (it was reprinted in Dan Mitchell's blog among other places) and it is worth reading because, while it is certainly great satire, it is also factually correct.  The U.S. government does require that all its citizens and Green Card holders living abroad file foreign bank account reports and tax returns. Failure to do so may indeed "result in civil and criminal penalties including imprisonment."

Ho ho ho....

If this information comes as a surprise to all you otherwise good and law-abiding ladies and gentlemen, boys and girls, I strongly urge you to head directly over to the Isaac Brock Society to get informed about the Diaspora Tax War of 2012/13.

Santa Claus Arrested Following Joint Investigation by IRS, INS, and FWS
by Peter Dunn

U.S. Federal agents arrested Santa Claus earlier today at the North Pole.

Claus has been charged with multiple counts of money laundering, illegal exportation of currency, illegally importing into the United States toys made of contraband–rare woods, ivory and other banned substances. He has also been charged with violations of slave labor and child labor laws, hundreds of patent and trademark violations, and illegally entering and exiting the United States.

The United States Department of Fish and Wildlife has arrested Santa Claus, an elusive figure with many aliases (e.g., St. Nicholas). 
On the morning of 24 December, 150 heavily armed Fish and Wildlife special agents raided Claus’ North Pole compound, seized several tons of exotic woods forbidden by the Lacey Act, arrested Santa Claus and a female accomplice identified only as Mrs. Claus, and liberated thousands of diminutive slave labourers known only as “Elves”.

Indeed, Fish and Wildlife agents also seized an unidentified aircraft called a “sleigh” which had numerous secret compartments holding the contraband. Fish and Wildlife agents charged Mr. Claus with animal cruelty with regard to the caribou that he used to launch this “sleigh”.

Special Agent Hugo Smith said, “We arrived just in the nick of time. A moment later, and the caribou would have launched the sleigh and Claus would have escaped with the illegal materials. By now, he would be in the United States, breaking into people’s houses and selling this stuff.”

The United States Department of Immigration and the Internal Revenue Service have also had their eyes on Mr. Claus. An immigration official who also attended the raid said that they were able to obtain several dozen passports. He said, “It seems that this Santa Claus character has a different name in every country–his EU passport says, ‘Father Christmas’ and his Canadian passport says, ‘Père Noël’. We have, however, determined with certainty that Santa Claus is a United States citizen.”

Apparently Claus worked in Hollywood during the 1940s and 50s making autobiographical films, such as Miracle on 34th Street. During that time he applied for and received U.S. citizenship.

Douglas Shulman, Commissioner of the IRS, has released the following statement:
"At long last, the notorious tax cheat, Santa Claus, has been apprehended. He has been living in a foreign country for the last 50 years and during that time he has not filed his US taxes even once. It has become clear, however, that he has run a lucrative business at the North Pole and has never reported any of the income. In addition to criminal tax evasion, we intend to charge Santa Claus with 190 counts of criminal failure to file Foreign Bank Account Reports (FBAR), as we found evidence in his papers that he is operating or has signing authority on bank accounts in 190 different countries. It is our contention that the fines alone could help us bring billions in revenue into the United States government."
According to United States law, all United States Citizens are required to pay taxes to the IRS and to report any foreign bank accounts. Failure to obey these filing requirements may result in civil and criminal penalties including imprisonment.

The Obama administration declared that they were very pleased with the news.. ”It is about time,” Obama said from his Hawaiian retreat, “that the United States returned those who have fled the country just because they don’t feel like paying their fair share anymore.”

The Republican candidate for president, Ron Paul criticized the raid, “The United States has neither the authority nor the right to go into another country and enforce its laws. Santa Claus is a citizen of the North Pole and it is overreach for us to go there and arrest him.”

Also running for president, former Speaker of the House Newt Gingrich responded to Paul, “The United States must reserve the right to arrest terrorists and to violate the rule of law in order to provide safety for the People of the United States.”

Prime Minister Stephen Harper of Canada said that his government did everything that they could to help the United States, even to the point of allowing the use of Canadian air space. ”We are cooperating with the good faith efforts of the United States to eliminate terrorists in order to maintain the safety and security of all Canadians.”

Monday, December 24, 2012

Joyeux Noël!

To the Flophouse friends and family scattered all over the planet and to all the folks out there whom it has not yet been our pleasure to know,  we wish you all peace and joy this holiday season.

Merry Christmas!  Joyeux Noël!

Sunday, December 23, 2012

The Conundrums of the Exile

We are just a few short days away from Christmas.  Since we are moving on the 28th of December we are living in disorder - in an apartment surrounded by empty shelves and cardboard boxes.

We are leaving just enough stuff out to be able to do a minimal Christmas. The
Réveillon (Christmas Eve dinner) will be foie gras, smoked salmon and oysters because these thing are really really good and require almost no preparation or cooking.  Christmas day dinner will most likely be a capon (castrated rooster).

Still up in the air is where and when we will attend Mass.  The past couple of years I've celebrated Christmas Mass at St. Joseph's in Paris.  This is the Roman Catholic "mission Anglophone" which serves the English-speaking Catholic community (Irish, Canadian, American, Chinese, Sri Lankan, Indian and others).  This is a church I really love for its diversity, exceptional music and because Father Aidan (Irish) and Father Melvin (American) preach amazing sermons and make the Mass come alive.  The Christmas Mass at St. Joseph's is special to me because I get to hear and sing in English the Christmas carols of my childhood - something that has the power to make me feel both terribly sad and to soothe my spirit all at the same time.   The Frenchlings are interested because they have never been to a Mass in English (only in French) and they think it would be a nice change.

However over the past few months I've become more and more involved in my parish church here in Versailles where the Mass in in French or Portuguese (not English).  I've made connections with people in this parish.  When I go to church on Sunday I know people by name.  So celebrating Christmas here in Versailles means doing so as part of a community of believers in the community where I reside. And I find that matters very much to me these days.

The last option is to go to Mass at the St. Louis Cathedral here in Versailles which will undoubtedly be a wonderful glittering beautiful impressive Mass in one of the city's most extraordinary churches.

If you've been following me so far here you may be asking yourself why all this matters.  Enough already, Madame, going to services on Christmas is to celebrate the birth of Christ.  Does it matter so much if it's in English or French?   And so on.  Point taken.

And yet, when one is thousands of miles away from one's country of origin, this sort of thing does matter.  There is a reason my parish church offers Mass in Portuguese and it's surely not because this community does not speak French.

My choice here would say something important about where I am in relationship to my home and host countries.   Letting the English- speaking Mass at St. Joseph's go in favor of Mass in French in my local parish is a huge step.  And I find that I am unsure about it.  Am I really ready to let one more thing (among the hundreds of other habits and customs and the like I have dropped over the years) go?  I'm not so sure I'm ready for yet another loss.

These are the conundrums of the exile.

"It was when I realised I had a new nationality: I was in exile. I am an adulterous resident: when I am in one city, I am dreaming of the other. I am an exile; citizen of the country of longing.”
Suketu Mehta

Friday, December 21, 2012

The Rorate Mass

Roráte, cæli, désuper, et nubes pluant iustum....
Cieux, répandez votre rosée ; que des nuées descende le salut....
Shower, O heavens, from above, and let the skies rain down righteousness...

A stunning slideshow was passed along to me by my family in California.  It was created by their parish church, St. Stephen the First Martyr, in Sacramento and is up on their website.  St. Stephen's is a Roman Catholic church that uses the "la liturgie romaine de 1962"  also known as the traditional Latin Mass.

Some background.  Since the 1960's in all countries the Mass is usually celebrated in the local language.  When I was growing up in a small town near Seattle my parish church, St. Michael's, had mass exclusively in English though, as I recall, our priest was Irish.  At my Catholic high school, Latin was a required subject for all the students (all girls by the way) but never used during Wednesday services in the priory's chapel.

These days I get the impression (not based on any empirical evidence) that Latin is coming back.  In my parish church, Sainte Elisabeth de Hongrie here in Versailles the Mass is in French (and in Portuguese)  but some of the prayers and songs are in Latin.  There is one church here in Versailles called La Chapelle de Notre Dame des Armées which like St. Stephen's exclusively uses the Latin rite and has 3 masses a day during the week and 5 on Sunday.

So Latin is far from being a dead language as far as the Church is concerned and its use is not confined to the Church hierarchy but is the liturgical language of choice of Catholic communities all over the world.  And it must be said that the Latin Mass is something to see at least once in one's lifetime.  It is simply beautiful - a feast for the senses and a way to worship that takes one out of the ordinary into the world of the extraordinary.

This slideshow from Saint Stephen's captures that mysterious beauty.  Here they are celebrating what is is called the Rorate Mass.  This mass is traditionally celebrated during Advent (the four weeks leading up to Christmas) by candlelight.  Why?   Well, these days because it is hauntingly beautiful but in a previous era:
The celebration by candle light had originally a more practical reason. According to the Missal of 1570 no Mass could be said after 12.00 Noon. On the other hand, people had to go to work in the morning. Also the Rorate Masses were celebrated in a more solemn form and therefore would last longer. For these reasons the Masses had to begin relatively early in the morning when it was still dark due to winter-time.
The accompanying music is the St. Stephen's choir singing Gabriel's Message.


Wednesday, December 19, 2012

Hitchcock's "Bon Voyage"

I found this short film by Alfred Hitchcock yesterday as I was exploring the links to free films on-line at Open Culture.

"Bon Voyage" was filmed in London, directed by Hitchcock, released in 1944 and was a World War II propaganda film.  It was fun to watch - the accents are delightful and, yes, I agree, "English cigarettes are dangerous."

Enjoy.


Bon Voyage de Alfred Hitchcock par hamletprimero

Friday, December 14, 2012

GRI - Les stéréotypes culturels

A truly brilliant post up on one of my favorite sites,  Gestion des Risques Interculturels, about cultural stereotypes.  

While most of us know more or less that such stereotypes are very dangerous (if not complete rubbish) we still haul them out and use them and we all need to relax and realize that this is not a mortal sin. Let's lighten up and stop being so hard on ourselves or each other.  If I held a grudge for every stereotype used against (or for) me I'd spend my life in a state of permanent resentment.  

It often starts out quite innocently as we search for some way to make a connection with someone who is "Other" and so we grasp for something witty and interesting to say.  This does not always work out so well.  Sometimes before we know it we are saying something we really really regret.  

If I may give an example:  I was presented to a Frenchman one day and as he was shaking my hand he pulled out one of those stereotypes in a very misguided attempt at Gallic gallantry.  "Madame," he said, "It is not possible that you are an American. You are not fat."

Bernard Pelletier says that our thinking and use of stereotypes is natural and universal.   "Face à l’inconnu, le premier mouvement de chacun est d’en penser quelque chose plutôt que rien." (Face to face with the unknown, the first instinct of all of us is to think something rather than nothing.)

Stereotypes are also something that we can all play with.  Using clips from three films, Pelletier  illustrates three possible attitudes we could take toward cultural stereotypes if we are feeling a bit mischievous: la moquerie (humor), le faux-semblant (play along - the clip about the Swiss by the Swiss is excellent) and l'inversion (turning it around).  

Of the three I prefer using humor and playing along because if they are done right, the point is made gently without hurting anyone.  As for the last, inversion, it is, I admit, very powerful and yet it feels mildly aggressive - like a counter strike.  I'll let you decide for yourself.  Here is the video called Africa for Norway that Pelletier uses to demonstrate how it works.  I must say that it did make me laugh and they do get their point across quite effectively.