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Europe's SWIFT Bow

by nanne Mon Nov 30th, 2009 at 12:15:54 PM EST

Remember when US President Obama bowed to the emperor of Japan? And when he was criticised for thereby doing 'fundamental harm' to US power abroad by Dick Cheney? That was fun. But a week is an eternity.

Well, it appears that a little US pressure still performs miracles over here in Europe. Our dear government ministers were assembled in the Council today - in its EPSCO configuration. As today is the last day before the entry into force of the Lisbon Treaty, this was the last opportunity to get a politically explosive deal with the US on bank data surveillance through. Tomorrow, the European Parliament would have had a say, and practically, that meant US access to international bank data would have lapsed for at least a few months. Unacceptable! In fact, there were even worried voices saying that the US would simply pressure the Belgians or the Swiss, who now host the SWIFT servers, into handing the data over without any protections if there was no agreement.

You can understand as much. The Swiss are too busy worrying about Muslims these days to also square off with the US. The Belgians just managed to put a new Prime Minister in place now that they've sent Van Rompuy to the other Brussels. And their new PM is the same as the old PM whose divisiveness necessitated the Van Rompuy government in the first place. They'd be even bigger pushovers. So, the Council duly bowed, with Austria and Germany 'abstaining'.

The SWIFT (or TFTP) agreement is unseemly in representing a one-sided arrangement made in fear of having a one-sided arrangement without even notional protections. A good reflection on where the EU sees itself with regard to the US on security matters. But on the bright side, it's only valid for 9 months and the European Parliament will have the right to vote on an extension.

Also see ARGeezer's diary The long SWIFT arm of the US IRS


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This decision reads as a direct contravention of the very EPSCO brief.  How does unlimited data mining enforce consumer and social security, even if only in force 9 months.  Is that the compromise thinking, let's leave it for now and attack in 9 months under lisbon?

"Life shrinks or expands in proportion to one's courage." - Anaïs Nin
by Crazy Horse on Mon Nov 30th, 2009 at 01:09:58 PM EST
The compromise thinking is 'let's not get on the bad side of the US' on the one hand and the fact that the US in its infinite kindness sends some info back our way, thus conveniently allowing our security establishments to bypass judicial control.
by nanne (zwaerdenmaecker@gmail.com) on Mon Nov 30th, 2009 at 02:13:00 PM EST
[ Parent ]
Were there ANY actual "no" votes?

It appears that SWIFT is moving to Switzerland.  My guess is that this was "facilitated" by the USA and is part of arrangements that were recently concluded with the Swiss regarding banking secrecy. Now the USA may feel that they would be more likely to have unfettered access to and use of SWIFT information if it were based in Switzerland rather than in an EU country.

"It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Mon Nov 30th, 2009 at 01:49:25 PM EST
No, one no vote would have blocked the thing, it was still subject to unanimity. Tomorrow that all changes.
by nanne (zwaerdenmaecker@gmail.com) on Mon Nov 30th, 2009 at 02:08:00 PM EST
[ Parent ]
A travesty.

Which will get no traction in the media.

"Life shrinks or expands in proportion to one's courage." - Anaïs Nin

by Crazy Horse on Mon Nov 30th, 2009 at 02:25:19 PM EST
[ Parent ]
As far as I know the move to Switzerland was predated by the US illegally data-mining the US mirror. And now it's legal. Problem solved.
by generic on Mon Nov 30th, 2009 at 02:36:12 PM EST
[ Parent ]
European Tribune - Europe's SWIFT Bow
the US would simply pressure the Belgians or the Swiss

Who? But they don't know the Belgians or the Swiss! They wouldn't find time to speak with unknown functionaries! They wouldn't know who to call! Only if a world-class leader... (continue ad lib).

Otherwise, thanks for the consumer "protection", EPSCO.

by afew (afew(a in a circle)eurotrib_dot_com) on Mon Nov 30th, 2009 at 02:40:40 PM EST
If we needed a proof that the Lisbon treaty was necessary, this is one!

"Ce qui vient au monde pour ne rien troubler ne mérite ni égards ni patience." René Char
by Melanchthon on Mon Nov 30th, 2009 at 02:57:47 PM EST
It's easy to bash the US on this, but it seems to me that if any nation (or more precisely, any nation's government) had the least interest in standing up for its citizens' rights this agreement would have been DOA.

Again and again, we've had our noses rubbed in the fact that European governments take a cavalier attitude to their citizens' privacy and the rule of law. In the last couple of years we've seen this in France, the UK, Germany, Italy,...

It only looks like rolling over. But in reality, I think the European governments are quite happy to let the US get all the bad press. I wouldn't be at all surprised if agreements exist on the working level to share and share alike (as between Germany and the US during the Iraq Attaq).

The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman

by dvx (dvx.clt ät gmail dotcom) on Mon Nov 30th, 2009 at 03:39:04 PM EST
How could I forget?! That is supposed to read:

Germany

The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman

by dvx (dvx.clt ät gmail dotcom) on Mon Nov 30th, 2009 at 03:40:09 PM EST
[ Parent ]
In addition, the EU is another convenient scapegoat, considering that unanimous votes in the Council are needed.

It's time to at least have it disclosed how member states vote at the Council.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma

by Carrie (migeru at eurotrib dot com) on Mon Nov 30th, 2009 at 03:50:37 PM EST
[ Parent ]
There's a backstory here, which is that a few weeks ago as much as four states were said to be blocking this (Germany, Austria, Finland and France). They were then pressured into agreeing anyway.

I wouldn't be at all surprised if agreements exist on the working level to share and share alike (as between Germany and the US during the Iraq Attaq).

As I said in reply to CH, that is probably right.

The main story here is the Council using this last-ditch opportunity to continue to give the US pretty much unrestricted access. I hope that going forward we'll see a better kind of arrangement being negotiated through the Parliament.

by nanne (zwaerdenmaecker@gmail.com) on Mon Nov 30th, 2009 at 03:59:14 PM EST
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