List of all documents pertaining to FATCA

Nicholas Lee made this access to documents request to European Insurance and Occupational Pensions Authority

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Dear European Insurance and Occupational Pensions Authority,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting a list of all documents pertaining to the United States Foreign Account Tax Compliance Act or contributing to statements, guidelines, and decisions referencing FATCA.

Please note that this list should also include documents referencing member state / supervisory authority opinions, views, and commentaries. If necessary, information on authorship and national origin may be redacted to avoid undue external pressure, in line with the sentiment and intentions expressed in EU Ombudsman decision 386/2021 (https://www.ombudsman.europa.eu/en/decis...) with regards to right of access requests to another European Union body.

Yours faithfully,
Nicholas Lee

EIOPA ATD, European Insurance and Occupational Pensions Authority

1 Attachment

Dear Mr Lee,

Attached, please find EIOPA's reply to your application.

With kind regards,

EIOPA Access to Documents

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Dear European Insurance and Occupational Pensions Authority,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'List of all documents pertaining to FATCA'.

There are joint statements concerning a regularly held "EU - US Joint Financial Regulatory Forum" that includes EIOPA as an attendee, some of which discuss FATCA. Given the impact of US financial regulations on EU residents and financial institutions, it is implausible that there are no documents at EIOPA that would be responsive to the subject of FATCA. This is a point of concern for many retirement account administrators in the European Union, and at least one joint statement specifically discusses FATCA.

Presumably, EIOPA is in possession of preparatory documents and the associated statements, which are most certainly responsive to this Information Request.

Links to two such statements are here: https://www.eifr.eu/document/file/downlo... , https://useu.usmission.gov/joint-stateme...

While EIOPA correctly notes its response that FATCA is a US law, it omits to mention that FATCA is transposed into EU member state laws and regulations via bilateral "Inter-Governmental Agreements" that exist beneath the supremacy of European Union law. In practice, compliance with this law is commonly cited by retirement account administrators in the European Union to restrict, deny, or terminate services provided to EU citizens residing in member states.

Please ensure all possible responsive documents are included in your response, including preparatory documents that contributed to joint statements that EIOPA is party to.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/list...

Yours faithfully,
Nicholas Lee

Fausto Parente, European Insurance and Occupational Pensions Authority

2 Attachments

On behalf of Fausto Parente:

 

Dear Mr Lee,

 

Please find enclosed a letter for your attention.

 

Kind regards,

 
[1]EIOPA_logo_RGB_vertical_simplified
 
Cristina Lanca

Office of the Executive Director

 

+49 (0)69 95111948

[email address]
 
European Insurance and Occupational Pensions Authority
Westhafenplatz 1 | 60327 Frankfurt am Main | Germany
www.eiopa.europa.eu

 

 

 

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Dear Fausto Parente,

Thank you for the timely handling of the confirmatory application. If possible, can you provide the document identifier / reference number of the document that cannot be disclosed?

Yours sincerely,

Nicholas Lee

EIOPA ATD, European Insurance and Occupational Pensions Authority

Dear Mr. Lee,

I hereby confirm that the referred document has no identification/reference number. As explained in our decision, this is a preparatory document prepared by the European Commission.

Should you have any further question, please do not hesitate to contact us.

Kind regards,

Szabolcs Dispiter

EIOPA ATD Team

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