Not sure why the downvotes.
Without getting into details, this is a bank that has already been in hot water for having closed customers’ accounts because the bank didn’t approve of the customers’ new addresses. Some of those cases didn’t even involve US.
Given all the various “know your customer” rules, I suspect that argument wouldn’t fly.
A subsidiary in US, or a subsidiary in any non-EU country that doesn’t feel bound by this verdict to remove any domestic laws compelling banks to report on their customers.
I don’t know the method by which my bank (which is European, indeed) could be punished by US if they didn’t share the data that IRS and FINCEN wants, true, at least if they don’t have any official activities in the US. I think I recall the was something about US strongarming every other country into effectively making FATCA reporting into local law? (Maybe that’ll change?) What else could US do? Designate officers of the non-cooperative bank as “money laundrers” and make their private lives hell on the international arena?
What I do know is that they (my bank) already is unhappy about the fact that I’m a “US person” and they’ve told me as much in person. They do not allow me to open new accounts. They do not allow me to do any trades beyond moving money between the savings accounts and use their bank card (which I do use when I’m in Europe). They would however allow me to close my accounts! Half their internet banking site is off-limits to me - it’s sometimes difficult to access documents like annual statements because the logical path to that part of the site got roped off!
I’m pretty sure they’re already looking for an excuse to cut me off.
As a European living in the US, this might also mean that my European bank (that I intentionally didn’t leave when I moved, for reasons) will close my account.
There might be different implementations of these laws in different countries, but i can mention at least one country where "know your customer"applies to every single person they deal with, no exceptions.