I am not going to read through this thread very closely, but here are some useful points:
One only needs to file a US tax return (as a "US Person") if income is more than $10,000 in a given year
http://www.irs.gov/publications/p501...link1000270109
How that fits with the requirements for OVDP and Streamlined and other cases to file back returns I leave to others to rationalise.
In general, one can't force a bank to accept a US Person as depositor, even a dual national. But Frédéric Lefebvre has raised this issue for French citizens resident in the USA who, he says, have a statutory or constitutional right to maintain a French bank account:
http://www.frederic-lefebvre.org/fatca-agissons/
There are millions of American citizens living abroad and only a few hundred thousand file tax returns and only a few tens of thousand have renounced, filed OVDP or otherwise addressed their noncompliant status. The IRS is in fact a collection agency and is unlikely to pursue tax debtors abroad except in the most notorious cases. However:
ķ New tax treaties will provide for reciprocal collection of tax debts by partner countries (only Canada does so now, and then not for Canadian citizens; that is likely to be true of other countries as well. Think: ordre public)
ķ New extradite treaties will provide for extradition for tax crimes. At present, only tax crimes that can be indicted as common-law fraud or money laundering are extraditable.
Even those new provisions are unlikely to result in very many of those millions of American citizens being pursued. On the other hand, that won't help you open a bank account in Switzerland unless you happen to have a Swiss ID card in which case the bank will not necessarily know you are a dual national. Of course it might be that your French passport is ambiguous as to country of birth. I have seen British passports belonging to dual-national Americans where the city of birth named could be anywhere.
There is another area of uncertainty: No FBAR/FinCEN Form 114 need be filed if foreign financial assets on deposit do not exceed $10,000, but a box on Form 1040 Sched. B needs to be checked "yes" if any such account exists. Whether a return needs to be filed just because a dual national resident abroad has $1 in a foreign account is an interesting question. The IRS is unlikely to pursue such a case, but could they?
There are constitutional questions in the USA (9th Amendment I think: rights not specifically enumerated which would include the right to expatriate) whether the $2,350 expatriation user fee effectively prevents expatriation by many citizens. Foreign countries do not need to recognise "US Person" claims by the IRS, and the IRS does not have standing to assert US citizenship against someone who has never availed him/herself of an attribute of US nationality. Those points may not help you but they may be helpful to some. That some Swiss banks have been known to demand a Certificate of Loss of Nationality from former American citizens who lost their citizenship at a time and under circumstances where no such CLN would be issued seems to be beside the point.