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Date Posted: 10:16:20 06/27/07 Wed
Author: Mayer Etkin
Subject: A Challenge to US Investors

The information presented herein is for discussion purposes only & is not to be construed as legal or accounting advice or an offering of securities.

Some proponents of offshore investments claim that there is an opportunity to U.S. Citizens to utilize a 100% legal offshore strategy for their investments which can achieve between 20% & 39.6% greater returns than the same investments made onshore simply due to the elimination of capital gains taxes. We are aware of the strategy & are referring to it simply as an illustration. Assuming the illustration to be true, $ 1,000,000.00 invested in this manner on a tax deferred basis @ 15% per annum would equal $ 4,046,567.74 in ten years as compared to a ten year return on a non tax deferred basis of $ 2,380,427.36.

The SEC in its release no’s 33-7516. 34-39779 1A-1710, 1C-23071 RE: Use of Internet Web Sites to offer securities, solicit securities transactions or advertise investment services offshore deals with this subject matter.

The SEC defines a US Person as a resident of the US and makes the following statements.

“Effect of Attempts by U.S. Persons to Evade Restrictions.
We recognize that U.S. persons may respond falsely to residence questions, disguise their country of residence by using non-resident addresses, or use other devices, such as offshore nominees, in order to participate in offshore offerings of securities or investment services. Thus, even if the foreign market participant has taken measures reasonably designed to guard against sales to U.S. persons, a U.S. person nevertheless could circumvent those measures. In our view, if a U.S. person purchases securities or investment services notwithstanding adequate procedures reasonably designed to prevent the purchase, we would not view the Internet offer after the fact as having been targeted at the United States, absent indications that would put the issuer on notice that the purchaser was a U.S. person. This information might include (but is not limited to): receipt of payment drawn on a U.S. bank; provision of a U.S. taxpayer identification or social security number; or, statements by the purchaser indicating that, notwithstanding a foreign address, he or she is a U.S. resident. Confronted with such information, we would expect offerors to take steps to verify that the purchaser is not a U.S. person before selling to that person. Additionally, if despite its use of measures that appear to be reasonably designed to prevent sales to U.S. persons, the offeror discovers that it has sold to U.S. persons, it may need to evaluate whether other measures may be necessary to provide reasonable assurance against future sales to U.S. persons.”

This definition presents both a challenge as well as an opportunity to the US Investor that wishes to take advantage of offshore business & investment opportunities that may or may not be subject to US Securities Rules & Regulations be they private or exempt or public offerings & which originate offshore directly or indirectly offshore.

So the natural questions becomes, how can a US Person that is qualified as an otherwise astute accredited investor as well as being a US Person be a participant in an offshore business & or investment opportunity & still be in compliance both from a legal as well as a US Tax & securities perspective? It’s an interesting question with no easy answers & requires a detailed review & analysis of a persons investment goals & objectives from a strategic & estate planning perspective.

In light of the position taken by the SEC as well as recent US court actions & opinions relating to asset protection, we see a demand for a comprehensive review service to a US Investor to coordinate a much needed compliance review of a US Persons business & investment activities both domestic as well as offshore.

Accordingly on a subcontracted basis on behalf of a US Person, we will coordinate & arrange for a team of qualified licensed professional advisors inclusive of legal, accounting, tax, financial & estate planning & Investment Advisors to offer a turnkey comprehensive Individualized Compliance Review Strategy to a US Person through us for the sum of $ 7,975.00 to achieve the following objectives.

• Strategic overview of a present investment portfolio inclusive of any real & personal property holdings analyzed from a global capital markets perspective.

• A compliance review of current Asset Protection Trust’s, Offshore Business Development Companies & Offshore Investments & or Bank Accounts.

• A cost benefit analysis of current investment goals & objectives from a wealth preservation & lifestyle maintenance & estate planning perspective.

• A review of current US Tax Shelter holdings & Tax Reduction strategies.

Our turnkey compliance review process will begin with our tendering to a US Person a duly executed comprehensive non disclosure agreement which will state that under no circumstances no disclosure will occur unless a court order from any jurisdiction has been received directing the release of such information & only then after all appeals have been exhausted to prevent the release of such information.

After the review & acceptance of the confidentiality agreement by the US Person, & after receipt of good cleared funds, we will expect certain information to be released to us to commence the compliance review & shortly thereafter we will provide a detailed summary of the review process & analysis incorporating the statements & or opinions from the licensed professionals that were relayed to us on behalf of the US Person.

To discuss this opportunity of a comprehensive compliance review in more detail please feel free to call Mayer Etkin at 206-577-2736 or send an email to CAPSOL@comcast.net

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