by Julian D. W. Phillips - Gold Forecaster
Published : December 22nd, 2012
In this part of the series on the subject of Confiscation, we look at the realities that you face in trying to avoid your gold being confiscated should a Confiscation Order be issued in your country. But first we ask the question, is there really a danger of gold being confiscated? We believe that there is.
“Importantly, Central Banks and the Authorities possibly will not wait for the monetary system to crash before acting to ensure they have enough gold to keep the monetary system working. They will act well ahead of that time to make sure they avoid a collapse and attempt to engineer the event so as to catch gold investors by surprise, removing their chances of making any contingency plans. With their prime objective being to shore up confidence in the monetary and banking system, they could not afford to signal the market about their intentions beforehand. We are not just talking about the U.S.A. but many other countries that may precede or follow the U.S. in these acts. The trouble is that the gold they ‘acquire’ maybe yours. Wisdom demands that the banking crises we have seen since 2007 don’t happen again, because this time around they may well collapse. Prudence demands that investors don’t take that risk but act before they it is too late. The risks of not guarding against this eventuality are enormous and the rewards of guarding against it are massive. If it doesn’t happen then you lose little if anything. If Confiscation does happen then you lose a lot. It’s a matter of risk and reward!”
We believe that the Confiscation of gold for this purpose is a very real and present danger and have organized a way to protect against that eventuality.
Jurisdiction is Everything!
Let’s look at the realities of what will happen when this comes about. One has to bear in mind that the Authorities have to target only their citizens over whom they have Jurisdiction. Nobody outside this Jurisdiction will be affected. More importantly your Authorities cannot impose their laws in other Jurisdictions. That’s good, I hear you say, but think on…
How will your authorities then act to get your gold? As we said in the last part of the series, they will target you directly, applying pressure directly. In the 1933 gold confiscation Order in the U.S. they threatened fines of $10,000 or 10 years in prison or both. So you have to obviate these threats. This involves far more than simply holding your gold overseas.
What will the Authorities do when they want your gold?
· The first thing they will do is to ask you if you own gold. Yes, the Tax form 1040 may not require you to own up to owning gold at the moment, but Authorities, realizing that so many people do own gold overseas will, as part of the Confiscation Order, institute a form asking you to declare if own gold or not. It’s at this point that you must decide to act inside or outside the law, assessing the risks/rewards thereafter.
· Secondly, they will then instruct you to hand your gold over to the nearest Federal Reserve or its office nearest to you.
· Thirdly, as they’re not fools, they will require all gold dealers to give them records of their clients and purchases and sales and whatever else is available to give them information on who bought and sold gold as well as confiscate gold dealers stocks of gold.
· Fourthly, they will require the banks to make their records available on who sent money out of the country and to whom. This will include records of money sent to foreign gold dealers and the like.
· Fifthly, just as you have to report your foreign financial accounts and foreign assets, so they will enlarge this to ask you to report foreign gold holdings.
In our experience of over 40 years of seeing Capital and Exchange Controls in action, we’ve always been amazed at the thoroughness of the Authorities in sourcing information about its citizens. When they act, they take such matters very seriously. It’s also our experience that they remain focused. If it’s your gold they want, then they won’t chase your cash or other assets unless they’ve discovered you have broken the law, then they go after you to, as the French say, “encourage the others”.
Patriotic ‘Righteousness’
So you have to structure yourself now, so as not to be found against the law. It’s at such times that the Authorities claim the righteousness to their cause, it being, “in the nation’s interests”.
But where an organization is accessible through their branch inside the U.S., they will take on the U.S. branch, as we have seen in the case of foreign banks, i.e. UBS, so you don’t want to face such vulnerabilities. You need to use an organization that does not have branches in your country. As we said in the earlier parts, we believe that Switzerland is the most reliable and safest of havens internationally and has been so for more than 300 years. That’s why that’s a good country in which to build your defenses!
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