В России абсолютно нет, или почти нет нормальных квалифицированных юристов, чтобы все это понять, оценить и квалифицированно консультировать своих клиентов. Просто констатирую. Sasha Borovik Slava Rabinovich 8 мин. · Slava, here in support of your sanctions argument. Economic sanctions are traditionally defined as the “deliberate, government-inspired withdrawal, or threat of withdrawal, of customary trade and financial relations with a target country in an effort to change that country’s policies. But can sanctions cover personal property of an individual or a company? Oh YES, baby! Laws in the US and the EU certainly allow the government, in addition to the more traditional, country-based measures, target sanctions at particular individuals or entities. In administering the “targeted” sanctions, the Treasury Department’s Office of Foreign Assets Control (OFAC) publishes a list of so-called Specially Designated Nationals (the SDN List), which contains the names of thousands of individuals and entities whose property is blocked and with which U.S. persons are prohibited from dealing. Entities on the SDN List may be located in countries friendly to the United States—or even in the United States itself. In the US the sanctions programs are administered by several U.S. government agencies, but the primary regulator is OFAC. The EU and its member states have similar procedures and agencies—ultimately, both in the US and the EU it is the right of a sovereign to put restrictions on activities and properties on its territory. Note, the sovereigns in these cases do not nationalize the property—something they also can do, by the way—but here they dont, and for all the purposes the ownership rights are not violated. However, the owner’s rights to use the property are restricted. He cannot do anything with it unless the sanctions are lifted. Nothing.. Nichts.. Nada. This is a very old and established practice. Courts upheld it as valid on many occasions — both in the US and the EU. Here is a good article from Georgetown Journal of International Law for someone who wants to go deeper: https://law.georgetown.edu/academics/law-journals/gjil/recent/upload/zsx00313001055.PDF SANCTIONS, SANCTIONS EVERYWHERE: FORGING A PATH THROUGH COMPLEX TRANSNATIONAL SANCTIONS LAWS MEREDITH RATHBONE, PETER JEYDEL AND AMY LENTZ ABSTRACT Compliance with the web of economic sanctions laws that have proliferated over the past two decades, and which have grown far more complex still over the last few years, is an increasingly critical challenge facing many transnational businesses. These measures often reach beyond the territory of the jurisdiction that enacted them and regulate activities and entities throughout the world. Compounding the difficulty of complying with these laws, companies may find differing provisions and even conflicts among the varied regimes of the major jurisdictions that have put significant economic sanctions programs into effect. Moreover, countries are increasingly experimenting with novel ways of restricting the types of commerce that they seek to control. This Article provides a roadmap through the thicket that has grown around this area of law.
Posted on: Tue, 23 Sep 2014 21:38:42 +0000
Trending Topics
Recently Viewed Topics
© 2015