What capital controls in the United States will look like

by Simon Black · 10 comments

Roughly $100 billion.

Even in today’s world where politicians throw out the word ‘trillion’ as if it were a casual dinner garnish, $100 billion is still a lot of money… especially when you’re desperate to sustain glimmers of economic growth and trying to plug a budget shortfall that amounts to 13% of GDP.

And yet, roughly $100 billion is exactly what got sucked out of the United States in July by foreigners: “Net capital outflows” increased to $97.5 billion for the month of July, according to recent data released by the Treasury department. Meanwhile, net long-term capital inflows fell to a paltry $15.3 billion in July, an 80% decline from June’s $90.2 billion capital inflow.

What do these numbers mean?

Foreigners are continuing to lose confidence in the US economy at a record pace and are finding better places for their money. This would certainly support the US Dollar Index’s dramatic 3.5% decline in July– though the dollar index only tells a partial story. “DXY” as it is known, though, only tells part of the story.

The dollar index measures the value of the dollar only relative to a small basket of currencies– euro, pound, Canadian dollar, Swedish koruna, yen, and Swiss franc. Powerful Asian nations like the Gulf, China, Singapore, etc. are conspicuously missing. And yet, DXY still dropped 3.5% in July.

Conclusion? If these ‘relatively harmless’ countries that comprise the US Dollar Index are losing confidence in the greenback, you can be sure that China and the Middle East are knocking over women and children on their way to the emergency exit.

Telling you that the dollar will be continually worth less until it is ultimately worthless is nothing new. So if you would indulge me a moment, I’d like to prognosticate on the greater implications.

As the pace of these outflows picks up steam, you can be sure that a group of out-of-touch politicians are monitoring the data and thinking to themselves, “we need to regulate this before it gets out of hand!” And this sentiment is exactly what spawns capital controls.

Capital controls by design are intended to regulate the flow of capital in and out of a currency; in times of uncertainty, shaken politicians always pull this oldie-but-goody out of the playbook… it happened in Iceland, and it’s been discussed around the world recently– Russia, India, Brazil, the Baltics, Poland, Czech Republic, Kazakhstan, etc.

Not to mention, a world largely free of capital controls is a relatively new phenomenon. We can look to history for a recent example of a world superpower turning to capital controls for ‘stability’:

In the mid 1970s after the collapse of the Bretton-Woods system, the British economy was in serious trouble. GDP was contracting, unemployment rising, investment falling, and the government was drowning in red ink, all while social obligations were climbing.

Financial markets responded by turning their backs on Britain’s Pound Sterling, and the currency was crushed. The Wall Street Journal advised investors to ditch the British pound, running headlines “Good-bye Great Britain.” And the government came under intense pressure to ‘do something.’

The first thing the UK did was go to the international community with hat in hand to prop up the currency with loans and bonds. This is already happening in the United States as Tim Geithner attempts to woo China and Middle East into buying US Treasuries.

Subsequently, the British government imposed a slate of capital controls that essentially penalized investors for moving capital out of the country and requiring that all investment transactions go through ‘authorized dealers’ who were charged with enforcing this policy.

The penalty ranged from a 10% to 30% premium on the dollar/Pound spot rate at the time– essentially the same tactic that the Cuban government is employing today.

Frankly I can see the same thing happening in the United States, perhaps starting off with a penalty in the Treasury markets where there is the biggest sucking sound… imposing a sort of ‘restocking fee’ for foreign investors who don’t roll over to new issuances upon maturity.

Eventually, though, you can be sure that the government will impose controls at the consumer level as well– requiring a certain allocation of bank deposits to be held in US Treasuries, restricting foreign remittances, and mandating scrutinous approval for overseas wire transfers above a certain amount.

Naturally, US politicians would never call such measures ‘capital controls,’ because the world’s reserve currency must be freely convertible. They will likely wrap up these policies in the ‘anti-terrorism,’ ‘money-laundering,’ or ‘tax evasion’ blankets, and simultaneously wage a PR war against evil gold and currency speculators.

So what can you do? As I’ve mentioned before, buying foreign real estate is the single best way to move money overseas where it cannot be forcibly repatriated. Physical gold stored overseas is an excellent option as well– there are no reporting requirements for either.

I’ve also strongly suggested buying up such assets with tax-deferred retirement savings. In my opinion, there’s no better way to stay within the letter of the law than to buy foreign investment property and physical gold through a self-directed IRA… I am such a strong believer in this tactic that I negotiated a special discount with a trusted service provider who can set this up for you.

As I conclude this missive today, I see that the “world’s leaders” are gathered in Pittsburgh to listen to the sound of their own voices. Nothing will be accomplished, and they will emerge from their summit with nothing but sound-bytes, empty promises, and a continued fervor to exact tighter control over the markets.

Each of us has the ability to either plan for it, or dismiss reality and do nothing.

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  • Amanda

    Simon aren’t foreign governments even more likely to seize foreigner’s assets since they have no votes to lose?

  • Captain

    Black, et al — you refer to the Checkbook IRA here again. I’m confused as to how that instrument protects one from asset seizure — in whatever form — by the US gov’t. Regardless of what one buys with the IRA funds, the IRA and the LLC themselves are still domiciled/registered in the US, yes? Will the government stop at making one sell foreign real estate (for example) when it needs him to do his “patriotic duty” and place the funds into US Treasuries?

    • ExpatCPA

      Captain- It is not only inconceivable, but plain infeasible for a government to compel you to liquidate foreign property and repatriate the funds; as there is no public exchange for property, such a mechanism does not exist.

      Holding foreign investment property in a well-structured IRA provides benefit because it defers the tax on the gain from eventually selling the property. Furthermore, the LLC does not have to be domiciled in the United States, your IRA can own a foreign LLC, which is an even better move in most cases.

      • Captain Marvel

        ExpatCPA — thank you very much for the reply. I get the foreign LLC bit and see how useful that could be. I still don’t get, however, why the government couldn’t just say, “All Americans are required to invest XX% of their IRA funds in US Treasuries by December 31″, or some such. Is the problem there that one could simply say, “I own foreign property and it’s worth $12, which is what I’m giving you to invest”? Wouldn’t the gov’t require a bill-of-sale, an assessment — something, to prove the value of the property? I still don’t see how the gov’t is prevented from forcing you to sell an asset, even if owned by an LLC in an IRA, in order to do your loyal duty.
        …And thank you again for your reply. I’d like to buy you a drink some time.

  • http://www.artprints.com peter Strickler

    Almost two years ago I moved to Switzerland because I saw no future in America. Its a dying civilization which is getting choked to death by its debt burden. I received 1.24 swiss Francs for every dollar. now its 1.02 swiss francs. When I first moved to the USA in 1979 I paid 4 Swiss franks, Yes FOUR for every dollar. All I have to say is stop dreaming and get your money out while you can.

  • Occdude

    I don’t think its too far of a stretch to imagine a very pissed off China confiscating foreign capital and investment, if the US defaults or inflates its currency. Ditto other foreign countries whom we owe large amounts of money to. Caveat emptor (buyers beware).

  • Wendy

    So we are getting not audited, but questioned, which so far has cost us 4k in accounting fees. My accountant just asked me for information on my French Apartment, how much it was worth in dollars when we bought it. Should I have told them to pound sand? Non of this makes sense to me because we have enough write offs for many more years, and aren´t trying to hide anything.

  • Doug

    Buy real estate in Calgary, Alberta. I visited Calgary last weekend. There were overhead cranes everywhere. The amount of investment in new construction is incredible. Downtown Calgary is under construction. The malls are under construction. The real estate boards are hitting new monthly sales highs.

  • Erich

    Food is never consumed as hot as it is cooked. The dollar is steadily loosing value until it soon becomes worthless – c’mon, get a grip. The true purchasing power of a currency is measured in units of income/labor.
    The 1979 dollar may buy only 50 cents worth of goods, but it will also only buy 50 cents worth of labor or services, meaning net, net it’s plus/minus zero, roughly speaking.
    I bought gold in 1980 and regretted it ever since – the inflation hedge argument is debunked by real data. I see deja vu all over again.

  • jlf

    Doesn’t holding foreign real estate in an IRA just allow th US government easier tracking and access to your wealth?

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