Germany

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Federal Government

What is “legal” is far from being morally correct. Carsten Schneider (Erfurt) (SPD) in defense of FATCA, 6 Nov 2014

The federal government has become aware of individual cases in which financial institutions threatened or announced dismissals... or have denied further services (e.g. securities trading) due to FATCA regulations... The federal government is aware that the U.S. International Accounts Tax Compliance Act (FATCA) may have implications for accidental Americans[1]

Progress has been made through the threat of the American government to revoke the license of European banks if they do not reveal the account details of American citizens - the so-called FATCA agreement. Carsten Schneider (Erfurt) (SPD), 06 Nov 2014

FATCA is the US instrument for enforcing the abandonment of banking secrecy... We can be grateful to the Americans for passing this law... dealing fairer internationally with everyone else... Everyone can see that the SPD is a good partner in this legislative period when it comes to fair taxation. [2] Lothar Binding (Heidelberg) (SPD); 08 Apr 2014

Submissions

  • 14 Sep 2020 Petition 115931 Banks in Germany continue to discriminate against German citizens born in the USA. Accounts are closed and extensive evidence is required. In addition, contrary to the GDPR, personal, sensitive data from German citizens are passed on to the USA. In view of the rulings on the Privacy Shield and NSA espionage as well as the doubts of legality that were raised before the FACTA-IGA was signed with the USA, the Bundestag must now intervene. The existing FATCA-related (implementation) laws are to be changed, the effects on German citizens to be mitigated and, finally, fundamental rights and human rights to be strengthened.

Banks

Due to the enormous reporting obligations required by the Fatca Agreement, German banks are massively refusing to provide US customers with investment services. Apr 8, 2016

Augsburger Aktienbank

German bank to close its doors to 'U.S. persons' from March, citing FATCA reporting burden. Augsburger Aktienbank is one of the largest banks in Bavaria.

ABB places the US client chair in front of the door. We have made the business policy decision to terminate existing accounts and custody accounts of US persons as of March 31, 2021. We will also no longer open any new accounts and custody accounts for US persons, effect immediately. The reason for this is the FATCA agreement, which causes a great expenditure.

Bethmann Bank

The brokerage and consulting services described here are not intended for US persons. Likewise, none of the services presented on this website for private customers, (including the acceptance and soliciting of deposits), insurance, land charge, consumer credit or credit cards are permitted for US persons. [3]

Commerzbank

27 Oct 2011 Notice 2011-34 imposes strict geographical limitations as a prerequisite for an affiliate's qualification for deemed-compliant treatment under this category. According to Section III.B of Notice 2011-34, to be deemed-compliant, a Commerzbank subsidiary would not be permitted to have any US clients... some of these Commerzbank subsidiaries have, or will have, no US accounts, so that they would strive for deemed-compliant status in order to minimize FATCA compliance costs and to avoid the risks and consequences of being non-compliant. [4]

Trade Republic

US persons are excluded from our services. We do not accept customers who are US citizens or who are taxable in the USA (so-called FATCA customers). [5]

Data Protection

24 Apr 2013 The implementation of FATCA has raised considerable data protection problems, questioning whether the data would be transmitted to the US tax authority based on §§ 4b and 4c BDSG or is permitted on the basis of consent. Clarification should be provided by bilateral agreements on which five EU member states (France, Italy, Spain, United Kingdom and Germany) agree with the US. A corresponding model agreement was presented on July 26, 2012.[6]

Costs

  • 16 Nov 2012 € 700'000 Aufträge und Dienstleistungen im Bereich Informationstechnik“ wegen der technischen Umsetzung des bilateralen Abkommens mit den USA (FATCA)[7]