Following 9/11, the US threatened to bomb Pakistan "back to
the stone age" (President Pervez Musharraf,
BBC,
22 Sep 06: www.solami.com/stoneage.htm). Except for the blue-eyed admirers
of the naked emperor, that's no surprise for anybody blessed with related
sensors, a memory and a sense of genuine sovereignty. To be sure, a clear-sighted
Swiss ambassador alerted his superiors early on of the creeping US "economic
warfare" against Switzerland (Interpellation
03.3487). And Jean-Pascal Delamuraz dared, in early 1997, to
publicly label some of Stuart Eizenstat's utterings as "blackmail".
Notwithstanding
such increasingly rare examples of sovereign competence and individual
courage, ever since
1981, hardball-playing SEC, IRS and other US officials have seen fit
to draw Swiss bankers over the table, to make them dance to their tunes,
and to oblige them to circumvent or even violate Swiss bank secrecy
- courtesy of a particularly friendly former Swiss
attorney general. Essentially based on the same advice - and in spite
of the mutually binding contrary Swiss-American conventions regarding legal
assistance in penal matters - a Swiss firm involved in the Swiss-led good
offices operations between the US & Iran for the release of the US
hostages in Teheran, Marc Rich & Co AG, in 1982, was leaned
on to pay $50000/day for as long as it did not produce documents sought
in relation with, a.o., the US Trading-with-the-enemy-Act. Repeatedly,
even the NZZ sounded the tocsin on US practices and Swiss responses,
already in 1987 under the title: Schweizer
Antworten auf amerikanische Ideen (.../walderbsi.htm#Hohn).
Thus accustomed to
servile
and even premature Swiss legal assistance, US officials didn't take
kindly to Swiss resistance, as expressed in e.g. its noted amicus curiae
briefs of 1984 and
1986.
And when, encouraged by a critical
mass in Parliament, Switzerland's first lady Federal Councillor finally
drew the line, she paid her courage with her own downfall. Notwithstanding
punctual successes on the fiscal
and the nuclear front,
insider, money laundering and other lex americana copies have brought
the universally acclaimed Swiss banking culture to the level of US visions
and opportunism. Thus, from allies of their clients, Swiss banks have "volontarily"
accepted to become QIs by the
good grace of the US IRS (qualified
intermediaries: .../QI.htm). And though
Nationalrat Luzi Stamm
had raised the yellow card with his letter
of 13 December 2000 to the Swiss Bankers Association, he has yet to
draw the courtesy of a substantial answer (SBA: .../swissbanks.htm#STAMM).
Not surprisingly then, when another emmissary of the US Government,
the Under-Secretary of the US Treasury Stuart Levey, recently delivered
the latest US desirata - i.e. to cut off all Swiss bank dealings
with Iranian banks, starting with Saderat ("Washington
invite les banques suisses à couper les liens avec l'Iran",
Yves
Genier, Le Temps, 21 sep 06: .../swissbanks.htm#Saderat; Stuart Levey:
«Pour
sanctionner l'Iran, notre meilleur allié est le secteur privé»,
Le Temps, 2 juin 2007: .../iran.htm#sanctionner) - his listeners in Berne
"didn't
notice any pressure". Probably not unlike the greenhorns in the US
State Department who, in 1941, didn't notice Japan's declaration of war
couched in the diplomatic language of another generation. At any rate,
the "routine exchange of views" reportedly caused no alarm. And
the way things have been going, the visitor may not even have been told
that Switzerland's current
good offices on the US/Iran nuclear conflict can only be as successful
as both parties refrain from undermining our position as
a neutral and credible facilitator. Indeed, a permanently neutral country
must
not favor either side in a given international conflict - not militarily,
not politically and not commercially (see also: Report
by the Federal Council on Swiss Foreign Relation, annex on neutrality,
1993 [*; Motion
08.3402]). Sanctions,
even if decided by the UN Security Council, must not be allowed to impede
a neutral country's normal trade and other relations; however, and beyond
the "courant normal", it must not allow either its infrastructure
to be used for sanctions-busting. Even more compellingly, essentially
the same and further principles apply if a state is to effectively lend
its services as a mediator, as an honest broker, including good offices
for seeking to resolve an international conflict, small or big. Accordingly,
Switzerland's
international credibility is all but favored if even the mere suggestion
of Swiss banks joining a banking boycott against a conflict party
is no longer rejected out of hand - and may in fact already be officially
favored.
Of course, the experiences & conditions thus brought into
focus, so far somewhat have found their balance with more enchanting instances
of genuine cooperation between two
sovereign people sharing common values. Yet, officials, bankers &
entrepreneurs interested in successfully dealing with our American friends
must not allow themselves to be blinded by their sympathy for their American
relatives and friends, but keep the social Rider
Curve in mind and reflect seriously upon the following insights:
1. Until proven otherwise, Americans have grown up
in, are thoroughly used to and, as a rule, have their sensors not trained
to an environment different from one of - often reckless, if not ignorant
-
hardball-playing competition. The Israeli example continues
to show: fully appreciated, respected and honored is only someone who -
even under an unfavorable rapport des forces - responds to such
Americanisms with hardball, better even with
diamantball.
Thus, someone who is seen to curry favors with niceties and softball, deservedly
- in the American mindset - is routinely treated with contempt, disrespect
and abuse.
2. Fertile chaos being a dominant feature
of US society and politics, there is no such thing as a unified policy
on almost anything. Hence, hire & fire, social mobbing,
friendly
fire, collateral damage and ill-considered & ill-advised "policies"
are not the exceptions but the characteristics of daily events in all segments
and power levels of US society, be it in the domains of the economy, religion,
politics, armed forces, etc. Checks & balances, effective supervision,
respect for Treaties and the Rule of Law reflect less reality
than constitutional aspirations of the Founding Fathers who
thus labored to temper such dominant human motivators as greed, self-rightousness
and opportunism. Even at the top of the power hierarchy, this deeply enrooted
Wild
West, bounty hunting &
Flat Earth mindset today still translates into "shoot first, ask questions
later", "you're either for or against us", "in case of doubt, bomb them",
"war on terror", "get me that scalp called Swiss bank secrecy", "shut down
non-compliant Swiss banks", etc. To be sure, in most cases this is not
merely heavy-handed clumsiness & benign hilly-billy ignorance, but
society-permeating viciousness, as evidenced by Robert Ringer's best-seller
"Winning
through intimidation". All of which adds up to a mockery and
abuse of democratic agendas and institutions - as if we were faced with
the 4th Reich. And it results in real
power vacuums at high and
highest offices which can, have been and, if the past is any guide, will
continue to be exploited by baby-faced, yet reckless office holders - in
as much as they are being helped, accomodated or not sent back
to go fly a kite and consult first with their colleagues in other departments.
3. Good, mutually respectful and beneficial Swiss-American
relations are not only desirable, but possible. As demonstrated by
the Joint Resolution of
the US Congress of 1985, they are readily recognizable also by
our American friends as being crucial not only to Swiss but to US interests.
However, they deserve and need to be moored in a better understanding
of both our
existing
treaty rights & obligations, genuine US roots, values &
interests, and on-going operations here & there. Also, there are corresponding
lessons to be learned from essentially
self-inflicted damages, including
the "diplomatic treasons" (art.267 CP) apparently committed by various
lex
americana promoters, such as Swiss attorney generals - both
former
and current.
In summary, instead of blissfully heeding whatever American official
visitors transmit as the latest US desirata, principled, visionary and
well-considered initiatives of our own
are called for, if the Swiss financial market, Swiss products & services,
and Swiss sovereignty is to have a future. All of which indicates a political
willingness and calls for adequate support measures for exploring
and eventually realizing such mutually beneficial projects as:
1. Swiss
Good Offices - not excluding parallel
diplomacy efforts (.../edouardbrunner.htm)
- for resolving the current nuclear disputes between the US (Israel)
and Iran (.../iran.htm
¦ .../nptmotion.htm
¦ .../3103memo.htm
¦ .../3103.htm ¦
.../255.htm) .
2. Installation, notably in Swiss
bank tresors, of
monitoring
equipment as a key Swiss contribution to the US/Russian Global
Initiative to Combat Nuclear Terrorism - in return, sine qua
non, for conditions where lex
helvetica, and not lex
americana, is again genuinely the law of the land.
3. Development and application of methods and vehicles
to effectively combat "soft
law" bureaucratic lawmaking at the UN, EU, OECD (FATF), etc (.../oecdmandate.htm
¦ .../merz.htm ¦
.../crime.htm
¦ .../GAFI.htm ¦
.../finma.htm).