[Politech] Jim Davidson on PATRIOT Act and jewel industry [priv]

From: Declan McCullagh (declan@private)
Date: Tue Nov 11 2003 - 06:28:50 PST

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    Date: Mon, 10 Nov 2003 22:44:11 -0600
    Subject: Re: [Politech] U.S. Treasury invokes PATRIOT Act against jewel 
    industry [priv]
    Cc: politech@private
    To: Declan McCullagh <declan@private>
    From: Jim Davidson <davidson@private>
    In-Reply-To: <6.0.0.22.2.20031107180244.02ef32a0@private>
    
    Dear Declan,
    
    These Treasury rules have been in the development phase for
    quite a while.  They were submitted for public comment in
    February 2003 as I recall, and were expected to be in place
    by Summer 2003.
    
    The rules establish that gold and other precious metals,
    gemstones, and jewelry are excellent stores of value.
    Evidently, the US Treasury has not forgotten this fact, in
    spite of Nixon taking the last tie to gold away in 1971.
    
    Unfortunately, the rules have a large element of insanity
    to them, paired with a healthy dose of inanity.  I admit
    that these rules may have changed from the ones I was
    asked to review last Winter.
    
    One of the obvious tips for precious metals dealers and
    jewelers is that the rules require a dealer who buys from
    the public and sells to the public beyond $50K per year to
    maintain detailed money laundering "know your customer"
    or, to convert from Biblical language, "screw your customer"
    documentation.  The quick workaround is to split any business
    into two pieces, half of which only buys from the public and
    the other half of which only sells to the public.  Doing
    so would completely bypass the money laundering paperwork
    requirements.  Equally obvious, it would leave the businesses
    both open to the sort of capricious application of "justice"
    that the government has become famous for.
    
    Another of the interesting features of these rules was
    the obligation for automobile dealers to register as
    precious metals dealers, owing to the large amount of
    platinum in the catalytic converters of their vehicles.
    Gnarly.
    
    The rules themselves point up the unconstitutional vagueness
    of the USAPATRIOT Act, which fails to establish what is or
    is not a regulated business under its terms, and leaves to
    government agencies to promulgate rules hoping to spell
    such things out.  The rules also point out the hopelessness
    of the challenge the government has set itself.  It can
    certainly destroy the domestic precious metals industry,
    as it has destroyed the domestic airline industry, or it
    can simply ignore the fact that money is converted into and
    out of gold at a fantastic rate every day.
    
    My guess is that the socialist-Republicans will choose to
    destroy whatever they cannot control.  Like they did with
    the steel tariffs and the incipient trade war that has
    brought on, it seems clear that these tax-and-spend
    Republicans are very different from the earlier mold. These
    new Treasury regulations remind me that there was once a
    moratorium on new government regulations instituted by
    a guy named Reagan, and lifted by his successor, Bush the
    elder.
    
    Regards,
    
    Jim
      http://www.ezez.com/
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