Alright folks, I got an answer back from the Federal Reserve, so it's all pretty clear now:
Based on the Foreign Exchange Act (as published in the Federal Register), individual residents living in the USA can buy and sell foreign securities directly through a foreign firm or via an authorized domestic one.
Plus, the Foreign Exchange Act doesn't actually require you to open any specific custodial accounts.
If a resident individual transfers funds straight to a foreign broker's account,
they can basically do that without any limit on the amount through their bank—and they don't need prior approval from the Federal Reserve. For the bank,
you just need to provide documentation that shows the basis for the transfer and proves the obligation to pay. Or, if you don't have that specific doc ready when you submit the order to send money abroad, you'll just need something showing your business relationship with that foreign broker.
Payments for buying foreign securities are handled according to the regulation on foreign payment services (found in the Federal Register) and the implementation guidelines for that
regulation on foreign payment services (also in the Federal Register); there aren't any limits on the transaction amounts, which applies to both individuals and corporations. Banks are required to follow standard
anti-money laundering laws during every transaction and will use the prescribed forms when processing payments.
Under the regulation regarding data collection for the balance of payments, foreign debt, and international investment status (Federal Register, issue
121/07, effective January 1, 2008), residents are required to report direct and other equity investments to the Federal Reserve. "Other equity investments" refers to any resident ownership abroad that isn't considered a direct equity
investment. Basically, this means you're supposed to notify the Federal Reserve even if you're just buying shares in a foreign company and ending up with less than a 10% voting stake.
The forms used for reporting these direct and other equity investments can be found on the Federal Reserve website
www.hnb.hr/propisi /statistika/odluke, upute i obrasci/statistika platne bilance/inozemna izravna i portfeljna ulaganja, kreditni odnosi i depozitni poslovi s inozemstvom.
Q.E.D.