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Find out more about the sanctions:
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During this webinar, the panellists will discuss the US sanctions in greater detail based on their remarkable success cases. The panel elaborates on the situations of Iran, Russia, Venezuela, Cuba.
Managing Partner at Blackstone Solicitors
How sanctions are implied by government?
How does a sanction case become a winning one?
Senior Partner at Zaiwalla & Co
How non-US companies and individuals are affected by the US sanctions
Founder of Ferrari & Associates
Discrimination claims; the blocking regulation and closure of Iranian bank accounts
Partner at AxiomDWFM
Frequently Asked Questions about the US sanctions:
1. Can binational / multinational persons be subjects of sanctions?
According to the law of sanctions, sanctions can freeze the assets of certain people/companies, but sanctions on individuals related to the sources of financial or banking activity of those individuals.
Ultimately, there is an example of sanctions on the multinational corporation: the Treasury Department imposed sanctions against the Iranian Venezuelan Bi-National Bank (IVBB).
IVBB was designated under E.O. 13382, which targets proliferates of weapons of mass destruction (WMD) and their supporters for engaging in financial transactions on behalf of the previously sanctioned Export Development Bank of Iran (EDBI)
2. Could sanction be used to avoid paying debt?
This is accepted in both public and private international law that no debt should remain unpaid. So sanctions could not be an excuse to avoid paying debts. This is applicable in both sides of sanctions, as well as third parties.
A significant barrier to pay debts is when the banking or financial system of a sanctioned party is locked. This does not make the debt disappear; however, it makes it difficult, even sometimes impossible, to pay. Obviously, as soon as the barrier vanishes, the debts should be paid. In some cases, the delay would be compensated.
3. Is this possible for the U.S. authorities to punish violators of the U.S. sanctions law outside the U.S.?
Usually, the criminal jurisdiction of states is limited to their territory or the lands they have somehow control on. The jurisdiction could be extended based on the crimes outside of their territory, which has an influence on their integrity or national security. However, the other states have authority over their territories.
In such cases, if one commits such crime outside of the U.S. territory, after entering the U.S., could be prosecuted. Another possibility is when the U.S. state has an extradition agreement with another state. Sure, political reasons may often interfere with these legal arguments.
4. Is it legal to seize a ship or a plane that belongs to a sanctioned country?
It depends on what has been sanctioned. In some sanctions based upon the United Nations Security Council, it is explicit that vessels and aeroplanes under a certain flag could be inspected or even seized by the other states. For example, ships and planes under the Iranian flag could be inspected by the other states, regarding the United Nations Security Council Resolution 1803 (lifted after the Joint Comprehensive Plan of Action). The United Nations Security Council has a long arm, due to its authorities, to protect peace and security worldwide. Individual states can not enjoy such authorities.
Another possibility is when a vessel under the flag of a sanctioned state passes through the state's territorial waters, which imposes the sanction. In some cases, the coastal state may implement their jurisdiction, which must be considered upon a case by case review.
5. Could it be legal to provide after-sales services to sanctioned countries' citizens?
According to OFAC (Office of Foreign Assets Control) regulations, any financial relations with countries that are subjected to sanctions are illegal; furthermore, it's accused by OFAC. Consequently, after-sales services are subjected to sanctions lists because they need financial relations, for instance in JCPOA sanctions are imposed on any associated services for each category in JCPOA.
See more questions here
Managing Partner at Aras-Pars Law Firm
Moderator for the webinar