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Executive Summary – This is absolutely amazing in a bad way. The Brussels agreement which has gone into law lets the USA access any and all bank records of any bank account in any EU country. This law comes into force in two months time.
The 27 EU countries have to grant this access to the US under the terrorist finance-tracking program contained in the Brussels Agreement and this is a done deal. The USA is allowed to keep the bank records for five years. The privacy invasive scheme uses the SWIFT system to scan for transactions they deem suspicious and then they request individual bank records. They can request general data sets, which are commonly referred to as a fishing expedition.
Here is a list of the 27 EU countries affected:
Discussion – First thing to remember that this treaty is between the 27 EU states and the USA. The USA has greater power to access bank records than the police authorities in each of the given countries. No probable cause is neither needed, nor judicial review. Any country friendly with the EU can request the USA to get the bank records for them in return for favors. So the EU has now bowed to the USA. Doom and gloom for the EU.
Banking Implications - Of the 27 countries mostly Austria, Latvia, Lithuania, Luxembourg, UK, Sweden, and Cypress are being used for offshore banking. If people using these jurisdictions wish to maintain any privacy they need to leave there for friendlier jurisdictions. Their window of opportunity is two months. It sounds like bank records pre-dating the effective date of the Brussels Agreement would not be covered.
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*Offshore Legal Associates Law Firm.We have no legal ties or associations with any other law firm or corporation with similar or like sounding names anywhere and should not be so confused with any other entity having a similar or like sounding name.