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FDIC -  US Federal Deposit Insurance Corporation  
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John Schroder answers some commonly asked questions about offshore Investments and Banking
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FDIC - It's not what you think it is...
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Since the majority of people are primarilly concerned about bank safety and insurance, let us explore this area first.  Almost all countries, whether a tax haven or not, have some form of central banking system in place.  In addition, jurisdictions such as Panama, the Dominican Republic or the Bahamas, also have some very stringent government oversight of the banking industry.   The system may be slightly different that the US system, but that does not mean that strength of the banking industry is compromised as a result.  Many countries also have very strict laws in place, that also threaten a bank's management with considerable jail time if funds are mismanaged or if the bank develops certain kinds of probelms.  I make this point as a stark contrast to the savings and loan debacle in the US a few years back.  Many bankers that did outright stupid things with depositor funds went off to play golf, while the FDIC and the American taxpayer picked up the bill.  Most people do not know that a large number of zero coupon bonds had to be issued in order to prop up the insurance fund people have come to believe in.  These bonds will be coming due and your taxes are paying for it, not the people that created the problem.  
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Americans often want to compare a foreign banking system to their own by asking if bank insurance is in place in the country where they wish to do business.  Some countries do have formal government insurance programs, while others address this issue by requiring that the banking institution keep a deposit on hand with the central bank (which often is calcualted as a percentage of customer deposits).  Let us compare this to the American FDIC program and other US requirements.  Most people do not know that the reserve requirement was actually lowered, not raised, in order to free up more bank funds and offer additional liquidity to the banking system.  While you may think this is a good thing ~ would you prefer to bank in a country where less than 2% of your money is put aside for safekeeping (that the bank cannot use for loans or otherwise) ~ or would you prefer to bank where the government has mandated that up to 7% of your funds are put on deposit with the central bank?    
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FDIC insurance also may not be what you think it is.  As an insurance program, it was a very good idea for the protection of depositors.  As an insurance company run by the government, the rules that apply to private insurance companies are not applicable.  For example, private life insurance companies in the US are required to have assets or deposits equal to 102% of their liabilities. This means if an insurance company has 10 clients, each with a $100,000 life insurance policy, they must by law set aside or prove that they can pay the claims of their clients ~ stated another way ~ 102% of one million dollars.  If you think that the FDIC has liquidity right now to pay off the depositors in the event that say just 15% of all US banking institutions failed next week, think again.  This is not an attack on the FDIC program.  Again, it was a good idea, but it is more of a psychological security blanket than a financially sound reality.  Since you read your life insurance or other policy to know your coverage, why not read the FDIC insurance policy from your local bank.  As a depositor, you have the right to see the policy and read it.  It is almost guranteed that most people do not. If more people did read it, I am sure when investigating offshore banking ~ they would not ask if an offshore jurisdiction had FDIC coverage ~ but instead ask if the banking requirements from a particular jurisdiction are in fact better.   
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I think most Americans really have no idea what FDIC is or how is works.  Also, many Americans always want to use FDIC as a point of reference with regards to safety of banks or banking outside of the US.  However, the reality is that FDIC is an illiquid insurance company (if it were a private insurance company, it would be broke and unable to provide the insurance vs. claims) and I dare to say, a PONZI scheme as well.  In addition, even though other countries do not have the exact same kind of system in place, they might have another, which actually guarantees a higher level of solvency for the banking system in its own country than what FDIC provides in the US.   For example, as of March 2002, the bank insurance fund only has US$1.24 to cover each US$100 of insured deposits.   So, if you want to make a comparison perhaps to the Dominican Republic, whereby the Central Bank requires that banking institutions post reserve requirements ranging up to 20% (for certain kinds of unsecured loans, such as outstanding credit card balances), the reality is that the Central Bank of the Dominican Republic has perhaps up to 10 times the reserve deposits and coverage that FDIC has (taking an average). 
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The following chart taken directly from the FDIC website indicates that the Bank Insurance Fund ONLY has 1.24% coverage and that this is in fact below the 1.25% minimum reserve ratio THEY have established (so they are below their own minimum guidelines).  In short, how well do you feel knowing that the FDIC can only payout US$1.24 for each US$100 you have on deposit with your local US bank (should your bank go under)?  Only you can answer that, but I certainly am not thrilled about it.
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http://www2.fdic.gov/qbp/grgraph.asp?rptdate=/qbp/2002mar
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Also, we have talked about a very real banking crisis once again in the US, and the numbers do not lie.  The following chart was revised June 12, 2002 and highlights that bank failures are once again on the rise after leveling off from the last banking crisis in 1999.  In fact, the following chart indicates that 6 banks have already failed this year, and that 124 are in crisis (or are having financial difficulty).  Of this total (6 that have failed plus the 124 in crisis), the total assets of these banks are, US$54 Billion Dollars.  By the FDIC’s own accounts, they only have US$30 Billion in the fund as of MARCH 2002 (plus an additional US$11 Billion is the Savings Bank Fund, bringing the grand total to US$41 Billion).  Therefore, if we take for granted that this small number of banks and financial institutions out of 9,000 something covered by FDIC end up going south, the FDIC insurance fund is once again bankrupt, as it was in 1995.  In other words, if one assumes that FDIC might have to bail out ONLY 130 banks as of TODAY, and pay off US$54 Billion Dollars to depositors, with only US$41 Billion in the kitty, you can do the math.  Interestingly enough, this is a small number of the total 9,000 something institutions guaranteed by (or supposedly guaranteed) by the FDIC.  So, 130 banks go under, FDIC is wiped out (again), which leaves no money for the deposits in the remaining 9,000 banks, credit unions, etc. 
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http://www2.fdic.gov/qbp/2002mar/all1.html
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The additional written commentary about the state of banking in the US, for the first quarter ending March 2002 is here as well (written by the nice folks at the FDIC themselves).
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http://www2.fdic.gov/qbp/2002mar/qbpall.html#1
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Bottom Line, how do you know your money is safe with FDIC?  The honest answer is, FDIC is yet another US government run program that is broke, but there is always the US taxpayers who can bail them out (again).  Meaning, many say, the US government would never allow the FDIC to go on without money – which is probably an accurate assumption to make.  However, we are talking about what is a PONZI scheme in such a case (which is supposedly illegal for everyone else, except the US government).  Allow me to explain.
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To elaborate on what was stated earlier - Back in the early 1980’s the FSLIC was broke, in fact beyond broke, the were in the red.  In other words, they had no money – we cannot state it any plainer.  What did the government do?  Issue what were called REFCO bonds, or additional debt to bail out the insurance fund, so bank account depositors at the failed banks could be paid off.  Who bought the bonds?  US taxpayers and other bank depositors in many cases.  So, you got your money back, but you then end up paying taxes in the future to pay off the bonds, so what are you doing in reality?  Borrowing the money from your self in the end later on, in order to pay yourself off today, or we can say to get your money back from the failed banking institution.  That is what a PONZI scheme is, using new money or money from other people in order to pay off the previous people or older investors.  The FDIC bank insurance fund is supposed to be funded by insurance premium payments the banks pay, presumably out of profits or as a general business expense, just as banks pay for other kinds of insurance on an annual basis (fire insurance on the bank branch building, etc., etc.)  However, it is quite obvious they are not paying enough for whatever reason (political pressures to keep the premium payments low no doubt) and thus the fund remains virtually insolvent in comparison to its potential obligations.   So, just a short twenty years later, no one has learned any lessons from this – and life goes on in the pass everything along to the taxpayer accounting game.  This, whether you have come to realize it or not, is how most of the government managed programs work. 
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Is is Legal for a US citizen to have an Offshore Bank Account?
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We often get this question and the answer is Yes ~ it is perfectly legal for a US citizen to own an offshore bank account, offshore annuity policy or offshore mutual fund.   The only stipulation is the folks at the IRS want to make sure they know about it, so you can pay taxes on the interest or earnings.  Since many offshore banks or investment firms do not report customer account information to foreign tax authorities (or their own government for that matter), it is the responsibility of the account holder to do so.  
 
For additional information regarding tax-free offshore mutual funds and bank accounts, please contact us.   
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