Capital Controls? A Nasty Surprise in the Job’s Bill

I was planning to write about the state of America’s youth next, but plans changed last night when read about a nasty surprise that was embedded within the $18 billion so-called “Jobs Bill” that was made into law a couple of weeks ago in the U.S.

The Jobs Bill was sold to the public as a bill that would stimulate jobs in the U.S. I didn’t pay much attention to the job bill because anytime lawmakers promise that they are going to create X number of jobs I just assume these jobs are going to be associated with some wasteful government spending. After reading a piece posted on Zero Hedge (via Panama Investor Blog), I wish that all there is to complain about is wasteful government spending.

Embedded within the legislation (H.R. 2847) contains new rules that govern how foreign banks can operate in the U.S. and new rules that could potentially destroy the privacy of some wealthy Americans. Here are a few of the eye-opening new rules associated with the so-called “Jobs Bill”:

  • The new law requires foreign banks to have 30% of the total money they want to withdraw from their U.S. operations withheld (which means that money must stay in the U.S. for a long period of time). (Sec. 1471)
  • The law requires foreign banks to send the U.S. government all the information they have about U.S. clients that have overseas accounts, including who they are, where they live, how much money they have in their accounts, etc. This effectively makes possessing an overseas account undesirable for Americans unless they don’t mind losing a lot of their privacy. (Sec. 1471)
  • The new law gives the U.S. government the ability to shutdown overseas accounts belonging to U.S. citizens when a foreign bank refuses to share their U.S. client information with the U.S. government (Sec. 1471). This could take place involving foreign banks headquartered in countries that forbid them to share this type of information with another government.

These new rules are unlikely going to affect most Americans directly because most Americans are not wealthy and do not have an overseas account with a foreign bank. However, the fact that these new rules are going to be implemented is highly symbolic about the direction the country is heading.

  • This new law represents a step by the U.S. government to tighten the noose on Americans who are trying to take steps to protect themselves in case they have to leave the country. By making it uncomfortable for Americans to own foreign accounts the U.S. government has effectively taken away one way Americans could prepare to leave the country in case of emergency.
  • This new law either illustrates how lawmakers can hide insidious rules in legislation or illustrates how lawmakers have no idea what’s in a piece of legislation before they vote on it.
  • This new law is a small step towards the U.S. government deciding what Americans can and cannot do with their money.

These regulations are a form of capital controls. Capital controls are rules designed to restrict the movement of capital (money) from entering or leaving a country. The use of capital controls has historically been frowned upon by the U.S. as a tactic lower-rate economies use.

This revelation about what is in the Job Bill is a big deal because it means that the U.S. is now willing to implement capital controls. More stringent capital controls enacted by the U.S. government in the future could effectively “trap” Americans within the U.S. because they could be unable to take their money with them overseas. Therefore, the use of capital controls can be used by the U.S. government (or any other government that wishes to enact stringent capital controls) to restrict the movement of people entering or leaving the country.

As the economic and financial situation in the U.S. deteriorates in the next few years you should see more open attempts by the U.S. government to implement more stringent capital controls. Why would the U.S. government seek to implement more stringent capital controls? Here are a few reasons that I’ve thought of on top of my head.

  • To prevent foreigners from rapidly removing their money out of the U.S. This slows down the decline in U.S. asset prices and a run on the U.S. dollar.
  • To prevent wealthy Americans from leaving the country with their fortunes.
  • To encourage or force Americans to “invest” their money in U.S. government debt at a time when foreigners are reluctant about adding to their U.S. government debt positions and as U.S. government needs to raise money to finance its deficits.

There are already rumblings that there are people behind the scenes pushing for the U.S. government to enact laws that will force Americans to invest in U.S. government debt in their retirement accounts.

After reading all of this I hope you have some understanding about why I felt this news was important to write about. I recommend you take a look at Zero Hedge’s write up on this as well. They go into more detail about other things embedded in the so-called “Jobs Bill”.