Postfinance closing American Accounts?

I just got back from Post Finance in Olten, and apparently a new memo has come down this week (after talking to the manager) where they have special instructions to handle American's applying. Per him, there are going to be some changes, and they can no longer open accounts for any American regardless of permit, unless they are married to a Swiss, are dual citizens, and live here, and even then they can only have deposit accounts.

He told me that they closed down 1700 accounts of American's this last little bit alone, and that they will be contacting and closing down the accounts of American's who are not married to Swiss within the coming months.

Now, I don't know what to make of this, but this is just what we were told.

The news a few months ago was that they were just closing accounts of Americans not living in Switzerland, which would affect approximately 1700 americans. Post Finance cancels accounts of American residents

Ahh, well they gave us a real runaround, saying they can no longer open up accounts for American's regardless of permit, unless they were married to a swiss, or were dual citizens. Elderly gentleman told us that.

Maybe it is just a case of misreading the memo?

Definitely a possibility; from an old post of mine :

Raiffeisen to terminate all US customers

Maybe read this thread for background. Maybe he was not wrong. The extra compliance being requested from the IRS is causing some Swiss financial institutions to cease dealings with US customers.

When we arrived in Switzerland in 2009 Zugerkantonal Bank already would not open accounts for American passport holders. It seems to be going further downhill.

My wife translated it mostly for me. But he even called the central to make sure.

Forgot to add that part. Long story short they gave the go ahead, and in five days I should be fine. But according to my wife he made the comment that he doesn't understand why a Government is treating it's citizen's like they are criminals. A girl in the office, the main one actually opening our account, said that on July 4th there were American's slamming their passports down at the Bern embassy and leaving. Not so sure about that one, sounds like heresay.

He also made the comment that he believes most American's that aren't married to a swiss, or have dual status, will be forced out very soon without being able to have any sort of account...

But the latter is just, his opinion after all.

The "Blick" reported on March 19, 2012 that when the Postfinance is transformed into an AG (corporation) in 2013 that it 1) must continue to provide basic service (Grundversorgung) but 2) it will no longer be required to provide service to any interested party, and 3) it will be easier to exclude people who pose legal or reputational risk to it. This exclusion could readily be applied to US Persons, as an opinion. Here is the article which is available at the Swiss-American Chamber of Commerce website:

http://www.amcham.ch/media/downloads..._im_clinch.PDF

In 2013 let's hope we don't see signs posted in front of the Postfinance similar to the one at the below link. US extra-territorial laws are making life difficult for ordinary Americans who dare to live and work abroad.

http://einestages.spiegel.de/externa...#featuredEntry

The GenevaLunch on-line newspaper is reporting that Postfinance will continue to offer accounts to Americans residing in Switzerland and Swiss residing in the US after it converts to a bank in 2013. The article is at this link:

http://genevalunch.com/blog/2012/11/...vate-accounts/

I hope that works out for all US persons, really.

But I will say, despite what is said today... lets wait till they become a bank and see if the support is still there.

JC

PostFinance is to receive a bank charter on 26 June 2013. As part of this change, new General Terms and Conditions (GTC) will be effective on that date. PostFinance will continue to be required to provide "basic services" to residents of Switzerland. However, PostFinance will be able to cancel or exclude banking relationships where the legal or reputational risk is perceived as too great or where the cost of compliance is considered too high. These new rules could be readily used against Americans resident in Switzerland if PostFinance so decides. Here is a relevant excerpt with highlights added:

New PostFinance General Terms and Conditions (GTC):

"b) Special rules for payment transactions as a public

service:

PostFinance can prevent customers from using payment

transaction services in accordance with postal legislation (public

service) if carrying out the service would be contrary to national

or international provisions related to financial market, money

laundering or embargo legislation or if there is a danger of

serious legal and reputational damage.

A customer may be partially or fully excluded from the named

services in particular:

– if PostFinance or its employees would be breaching internatio-

nal agreements or sanctions, legal provisions, regulatory

specifications or official rulings by supplying the customer in

question with the public service;

– if PostFinance would suffer significant financial risks by

allowing the customer to benefit from its services;

– if PostFinance would incur undue expenditure by monitoring

the customer relationship in order to meet its obligations of

due care;

– if the customer refuses to cooperate to enable PostFinance to

meet its obligations of due care or if the customer knowingly

makes it harder or impossible for PostFinance to do so;

– if PostFinance becomes aware of dishonest, illegal or criminal

customer behaviour, for example phishing, undeclared assets

or unauthorized financial intermediation;

– if the customer deposits assets obtained through the

dishonest, illegal or criminal actions of third parties;

– if the customer uses force or serious threats against

PostFinance or its employees;

– if the customer fails to settle a negative balance despite

reminders being sent on multiple occasions."

https://www.postfinance.ch/content/d..._pf_gtc_en.pdf

Also, the PostFinance sent a letter dated 16 January 2013 called in German "Information zu den neuen Allgemeinen Geschäftsbedingungen und zu den wichtigsten Teilnahmebedingungen der PostFinance AG" (Information on the new General Terms and Conditions and on the most important participation conditions of the PostFinance AG). Below is a relevant excerpt (translated):

"Legal and Regulatory Changes

With receipt of the bank license additional obligations of financial market law will be incurred by the PostFinance AG. These can supersede the basic service requirement for payment transactions: as the PostFinance AG we must be able to cancel problematic business relationships. The concrete cases are covered in the General Terms and Conditions. Moreover, the PostFinance AG must be able to react to international challenges in financial markets legislation (source tax, FATCA, etc.) ."

Surprised? Nothing outside the expected.

JC

There are twos special clauses in the US/Swiss Fatca IGA that specifically prohibit swiss financial institutions from discriminating against us persons. I wish I had the time to find it but if you find a copy of the agreement its in there. The banks that do discriminate will be treated as a non compliant institution which crushes the reason they discriminate in the first place.

You have the right to send a complaint to the IRS if being discriminated and they will take care of it. Feel dree to point this out to Post Finance

I went to the local Postfinance branch in Winterthur yesterday. I am a dual national (USA / Dutch) and registered in CH under my Dutch passport for simplicity sake. Obviously in my C-Permit it says "Dutch" and the Postfinance had me registered as such when opening my account with them a few years back. Yesterday I advised them that I also had an American passport and asked them if there were issues with that, or forms to fill out. I got the following answers:

1. Postfinance accepts American nationals provided they live in CH.

2. Their system only holds one nationality per client, in my case "Dutch".

3. The Postfinance will contact me in case of any issues. Being a U.S. national residing in CH with a Postfinance account is no problem.

I do not know if there are forms to fill out for U.S. expats without dual nationality, or if the above 3 points will continue to apply in the future.

Any and all US persons will have to sign two things:

1. At your bank or PostFinance agreeing that you will adhere to all reporting and allow the institution to give account information to the US (FATCA), one time signature.

2. FBAR, allowing the US to obtain account information from your listed bank accounts, annually.

Whether single or dual nationality (or more). US person is a targeted individual. If that is discrimination, call it what you want. The Swiss banks call it denial of services in which they reserve the right to do.

JC

Interesting...maybe I missed something but it appears that you are saying that Post Finance is "ignoring" (or overlooking) your US "person" status because you have dual nationality? You didn't have to fill out other forms or sign anything? That seems contrary to what others are saying?

Dan

We will be moving soon from the US and I'm wondering, aren't there other banks? What's unique or special about postfinance? We were planning to open an account with Credit Suisse. Is there more we need to know on this that I'm somehow missing? Thanks!

As I understand it, Postfinance has to open at least a basic account to you if you are a resident of Switzerland (though the information above makes it sound like that could change). Credit Suisse and UBS are the only other banks consistently opening accounts to Americans and they can refuse you if they want.

last year PF opened accounts for my 3 kids - they did it just with their German passport information (they are dual US/DE citizens). The knew my story, I told them I couldn't get accounts for my kids at Raiffeisen due to my (and their) US status.

Not saying that the woman in the post office who did it knows all the ins and outs, but she did call for help in answering the questions when we did it. I don't know if they have on record that the kids are US citizens or not, but I have accounts for the kids there. And I am pretty sure that I am on them as well as the parent since the kids are under age.

They may or may not be interested in opening an account for you. I know they didn't want to know me or my blue passport when dealing with an account my husband had as he is German - so I have been left off of all the accounts (I am happy about that, actually!) but if they didn't have the option of taking someone with another nationality, maybe they would open an account, but I don't know for sure

Ok, it sounds like they (certain banks) are willing to ignore your US status if you have another passport? I guess maybe they are "off the hook" since they can just claim you never informed them of your US status. However you are not off the hook and are still required to report the account on FBAR, assuming you've exceeded the limits, etc.

Dan

Exactly Dan... Then, when you report it on your FBAR, and the bank did not... then the bank will get their hand slapped.

JC