Let's Unite to Defeat FATCA!

The Association of Accidental Americans (AAA) has for object the defence of Franco-Amercian dual citizens residing outside the USA against the devastating consequence of US tax reporting and filings laws.

In particular, AAA is fighting against the US law entitled FATCA which, pursuant to an intergovernmental agreement agreement signed between France and the USA, is now being enforced by all banks and financial institutions in France and is resulting a massive and irreparable damage to dual citziens (account and financial products denied, accounts terminated, life insurance cancelled, inheritances blocked, loans refused, a plethora of administrative hassles) coupled with real moral dommage (stress, anxiety, depression, in extreme circumstances suicide, serious relationship and professional issues, a feeling of betrayal and abandonment by the French government)

Thanks to the work of Professor Bismuth, specialist in international law and professor at Sciences Politiques Paris, we now are fully apprised on the various litigious options that are are available to us under French and EU laws.

Below is one such litigious option that was highlighted to us by Professor Bismuth in his report and which must be acted upon before it is too late and a time bar applies:

The FATCA agreement between France and the US is implemented in France by a series of legal papers that the affected parties could challenge via a process know as the “recours pour exces de pouvoir” (or process for ultra vires) if, of course, the necessary conditions are met.

In this regard we draw the attention of the affected paries to the decision dated 25 July 2017 which amends the decision dated 5 October 2015 pursuant to which la Direction des Finances Publiques (the French Tax Authority) implemented the bulk, automatic data transfer system. Article 1 of this decision contains a paragraph that indicates that this system allows to “collect the information covered by article 2 of the decision dated 23 July 2015 and to pass the same on to the US tax authorities pursuant to FATCA and with the aim that this information be used in the USA to combat fraude and tax evasion”. The conditions to bring such an action for ultra vires during the the 2 year period following the adoption of the decision (i.e. on or before 3 October 2017) should be examined factually. It could be argued that this decision is contrary to EU law on data privacy. It might also be possible to raise the failure on the part of the USA to honour its obligations to reciprocate under FATCA as this was one of reasons that led to the decision being adopted.

Following the receipt of a legal opinion by its counsel, the legally incorporated Association des Américains Accidentels is planning  to undertake its first legal action against the French government on or before October 3rd 2017 on a specific decree issued on July 25th 2017 by the French government which broadens automatic exchange of information between France and the United States within the FATCA context. According to the legal opinion, this could well constitute "excess of powers or ultra vires" under French law.

The Association des Américains Accidentels just hired the best lawyer in Paris for this type of legal action but it does not come cheap.

So thank you to support our legal action.

Fabien Lehagre

Président de l'Association des Américains Accidentels (AAA)