HOW TO: Opening an account or obtaining financial services in Satisfaction of BSA/AML requirements without an SSN or TIN

1. VERBIAGE TO USE IN A MANDATORY ATTACHMENT TO THE APPLICATION

Dear sir,

1. I presently have an ___________Account. Account number: ___________________________
2. I added a physical card to the interface.
3. I began the verification process and find that it requires a Social Security Number.
4. I was born or naturalized in the United States of America and am NOT an alien, but rather a “national of the United States” under 8 U.S.C. §1101(a)(22) and a “U.S. national” under 22 C.F.R. §51.1 eligible for a USA passport, hereinafter called an American national.
5. As am American national, I am INCAPABLE of being “resident” within the jurisdiction of the national government per 26 U.S.C. §7701(b)(1), because only aliens are subject to the presence test therein and can therefore be “residents” (aliens). There is no definition within the Internal Revenue Code which would tie an American national to “residence” anywhere within the COUNTRY “United States”. 26 C.F.R. §1.871-2, in fact, proves that only “aliens” can have such a “residence”. There is no similar companion regulation for American nationals.
6. IRS Form 1040NR instructions for 2023 and beyond recognize the ability of American nationals to file as “nonresident aliens”. Keep in mind, however, that there are TWO classes of “nonresident aliens”:
   6.1. “nonresident aliens” in 26 U.S.C. §7701(b)(1)(B). These are aliens AND American nationals.
   6.2. “non-resident aliens” in 26 U.S.C. §874. These are aliens only.
   The SUBSET of “nonresident aliens” who are also American nationals is the only audience addressed by the withholding document in item 14 below.
7. Under my circumstances as an American national who is a “nonresident alien”, I readily recognize that:
   7.1. While I am physically PRESENT within the geography of the COUNTRY “United States”, that’s NOT the same thing as being LEGALLY “present” within the United States federal corporation as its agent and officer by being engaged in a privileged activity called a “trade or business” in 26 U.S.C. §7701(a)(26). I am not LEGALLY present in the case, but PHYSICALLY present. See:
   Writing Conventions on this Website, Section 9: Types of Civil Legal Presence, FTSIG
   https://ftsig.org/introduction/writing-conventions-on-this-website/#9._Types
   7.2. It would be FRAUD to make myself LOOK like a “U.S. resident” as a non-alien and I hope you aren’t asking or expecting me to do this unlawful act.
   7.3. As a Money Services Business (MSB), your U.S. partner bank(s) may require you to only serve “U.S. residents”.  However, there is NO DEFINITION of “U.S. resident” anywhere in Titles 26 or 31 of the U.S. Code that accommodates American nationals filing as “nonresident aliens”.  This is because the regulation of U.S. Banking limits itself to foreign affairs functions under Article 1, Section 8, Clause 3 and federal instrumentalities who are “domestic” as defined in 26 U.S.C. §7701(a)(4), which does not include me.  You will note that “domestic” in that context pertains to only entities legislatively created or organized under U.S. law.  I as a human being not acting in a representative capacity and U.S. agent such as “U.S. person” under 26 U.S.C. §7701(a)(30) am not “domestic” in that context.  To treat or compel me to assume a “domestic” status would involve involuntary compelled servitude in my case.
   7.4. Denying me an account by virtual of my “national” affiliation or origin would therefore create the appearance of banking discrimination.
   7.5. Item 15 below echoes all the above concerns in this item (item 7) so please don’t gloss over it or avoid discussing it. Your agreement with your U.S. Partner bank cannot compel an illegal or injurious act towards any subset of your prospective clients, as it would do if it limited participants to those who are only aliens or who are American nationals who misrepresent themselves as aliens. There is no provision of the I.R.C. which permits such an election.
8. Federal law does NOT require a Social Security Number in my case. 31 C.F.R. §1020.220(a)(2)(i)(A)(4)(ii) says the following satisfies the BSA requirements for a Non-U.S. person:
   8.1. A taxpayer identification number
   8.2. Passport number and country of residence
   8.3. Alien identification number.
   8.4. Or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard.
9. As a nonresident alien U.S. national not engaged in privileged activity or “trade or business” and whose property is identified as a foreign estate in 26 U.S.C. §7701(a)(31), federal law does not require me to disclose an SSN.  26 C.F.R. §301.6109-1(b).
10. In satisfaction of the above, I do have a sealed Privacy Act response from the Secretary of state containing legally admissible evidence of my nationality and containing a picture of me.
11. Thus, I have the document necessarily to satisfy the criteria contained in 31 C.F.R. §1020.220(a)(2)(i)(A)(4)(ii).
12. I do not have a current active passport, but I have an expired one.  31 C.F.R. §1020.220(a)(2)(i)(A)(4)(ii) does not say the passport has to be currently active.
13. Federal law makes it a criminal offense to compel the use of a TIN or SSN when not required by law.  42 U.S.C. §408(a)(8).
14. My withholding status is indicated below. It is a version of the W-8 form prepared compliant with IRS instructions but addressing ONLY those who are BOTH American nationals AND “nonresident aliens” not engaged in a “trade or business”. IRS Form W-8BEN only deals with aliens because that is the only audience addressed by 26 C.F.R. §1.1441-1 (see paragraph (c)(3)(i)):
    W-8SUB, Form #04.231
    https://sedm.org/Forms/04-Tax/2-Withholding/W-8SUB.pdf
15. The above requirements are extensively documented in the following legal memorandum:
    Know Your Customer (KYC) Disclosure and Legal Notice and Demand to Obey Law, Form #09.084
    https://sedm.org/Forms/09-Procs/KYCDisclosure.pdf
16. I have a religious objection to having or using an SSN and am unable to obtain Identification that requires an SSN.  That objection is documented below using the Religious Freedom Restoration Act (RFRA):
    Government Form Religious Freedom Restoration Act (RFRA) Attachment-Prevents All Civil Status Elections
    https://ftsig.org/government-form-religious-freedom-restoration-act-attachment-prevents-all-civil-status-elections/
    
17. QUESTIONS: 
    17.1. Please define what you mean by a “U.S. resident” in the case of an American national not subject to the presence test and not engaged in a privileged “trade or business”.
    17.2. Can you provide a statute and regulation MANDATING use or disclosure of an SSN OTHER than the above, which don’t? Without such authority, compelling use in order to obtain your services is a violation of federal law.
    17.3. Are you going to obey the law by not imposing an SSN requirement in my case in the absence of proof how I can be a “U.S. resident” and proof that an SSN is required in my case? 

I’m not interested internal policy that might implement banking discrimination, but in faithfully complying with the minimum requirements of what the law allows.

Thank you kindly for your excellent customer services and your compliance with the law. I look forward to receiving honest, transparent communication about this difficult situation that I find myself in. I would like to continue to be a faithful paying customer of your ALL of your services. Please do everything you can to make me able to continue to do so in the future.

Sincerely,

_______________

John Doe

2. FURTHER INFORMATION:

1. Permanent Address Notice for Online Use, Form #04.230
   https://sedm.org/of/04.230.pdf
2. Know Your Customer (KYC) Disclosure and Legal Notice and Demand to Obey Law, Form #09.084
   https://sedm.org/Forms/09-Procs/KYCDisclosure.pdf
3. Money Laundering Enforcement Scam, Form #05.044
   https://sedm.org/Forms/05-MemLaw/MoneyLaunderingScam.pdf
4. Government Form Religious Freedom Restoration Act (RFRA) Attachment-Prevents All Civil Status Elections, FTSIG
   https://ftsig.org/government-form-religious-freedom-restoration-act-attachment-prevents-all-civil-status-elections/
5. W-8SUB, Form #04.231
   https://sedm.org/Forms/04-Tax/2-Withholding/W-8SUB.pdf