7/31/2019 12-08-25 Dr Zernik's complaint, filed with Israeli
banking regulation against Bank HaPoalim - for attempting to
ext
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COMPLAINT FORM
Public Communications Unit, Bank of Israel, Banking
Regulation
Tel: 1212-200680Fax: 02-6669077
Submitted as an attachment to the online Complaint form, and by
fax.
URGENT: Action by Bank HaPoalim against my account may be
initiated on September 1, 2012.
1. Customer Name: Dr Joseph Zernik2. Contact Information: PO Box
31440, Jerusalem 913133. Email: [email protected]. Financial
Institution, subject of the Complaint: Bank Hapoalim, LTD5. Bank
Code: 126. Branch Number: 694
7. Details of the Complaint:
I am a German, Israeli, and US citizen.
In April 2010, I came to Israel after many years in the United
States.
By 2011, I established my residency in Israel and opened my
account with Bank HaPoalim. I signed the
agreement as a resident of the State of Israel, under my Israeli
Tax/ID number. To the best of my
recollection, the customer agreement, which I signed at that
time was in Hebrew, with an Israeli bankinginstitution, name Bank
HaPoalim, LTD.
Over the past 2 years, I hardly visited the bank and hardly made
any transactions beyond periodic cash
withdrawals.
On Thursday, August 23, 2012, I visited my branch, and met with
a representative from the PrivateBanking Department. The
representative presented for my signature (attached):
a) Bank HaPoalim, LTD, papers, including an unsigned demand
letter by Bank HaPoalim, LTD, andpapers titled "US Person
Undertaking and Waiver," (in both Hebrew and English) and
b) US IRS Form W-9.
The paper in a) above, includes, but is not limited to
requirements that I "pay any US federal income tax
due with respect to income derived from all accounts", which I
hold or will hold with the Bank, and
"provide the Bank, upon request, with copies of the applicable
Schedule B of IRS Form 1040 ("Individual
Income Tax Return").
I protested, and asked under what law I was asked to sign such
papers. The representative answered that it
was pursuant to some international treaty. Eventually, the
Branch Assistant Manager was consulted, and
it was agreed that the request was made under US law the Foreign
Account Tax Compliance Act
(FATCA ). I again protested, saying that as a resident of
Jerusalem, banking with an Israeli bank, I wasnot subject to US
jurisdiction. The Assistant Manager explained that Bank HaPoalim,
LTD, was a US
corporation, and it therefore devised its own procedures in
order to comply with US law. I again protested
that it was unlawful conduct by the bank.
The Branch staff advised me that if I did not sign the papers,
my account would be frozen, and I may nothave access to my own
funds. However, they remained unclear regarding the date by which
such action
would take place September 1, 2012, or January 1, 2013.
Signing,Certification - nochanges allowed;
Digitally signed byJoseph Zernik, PhD
Location:JerusalemDate: 2012.08.2505:22:31 +0300
7/31/2019 12-08-25 Dr Zernik's complaint, filed with Israeli
banking regulation against Bank HaPoalim - for attempting to
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Page 2/2 August 25, 2012
8. Actions taken so far towards resolving the issue:Following
advice by the Private Banking Branch staff, we did the
following:
a. I immediately issued a request to release some cash, to be
executed on August 26, in case my accountis blocked on September 1,
2012.
b. I left a written letter to the Bank management with my
Private Banking representative, asking whether
my account will indeed be frozen, either on September 1, 2012,
or January 1, 2013.
9. Are there any legal procedures in process in this matter
before any other agency:None
10.Any specific request:I request that the Banking Regulation
Unit of Israel Bank would urgently:
a. Protect me against unlawful actions by Bank HaPoalim, LTD,
against my account, and ensure that Iam provided full access to my
lawful property funds deposited in Bank HaPoalim in accounts
undermy name.
b. Protect me against threats by Bank HaPoalim, LTD, to
unlawfully block or effectively seize my
funds.
Jerusalem, August 25, 2012
__________________
Joseph Zernik, PhD
