Re: CDR: Boycotting the Unwilling

2003-03-26 Thread Eric Cordian
J.A. Terranson wrote:

> > Correct me if I'm wrong, but the US will happily throw Americans in prison
> > for refusing to do business with Israel, because Congress has made it
> > illegal to support any boycott of the Beanie-Headed Land Grabbers.

> Hrmmm.. Got a citation for this one?  As far out in the land of the clueless
> Shrub may in fact be, I have yet to see anything that declares Israel a
> protected class.  Of course, I could have missed it...

> I'd really like to see a citation if you can find one.

Not only is there legislation against US companies boycotting Israel, but
apparently, the Jews even have their own Office of Anti-Boycott Compliance
(OAC) within the US Department of Commerce.

Here are the results of some Googling.

-

COMPANY : L'OREAL

After being fined $1.4 million by the US in 1995 for writing a letter to
the Arab League claiming that they had stopped production in Israel, they
have been engaged in actively courting Israel with investments and
large-scale commerce.

The American Jewish Congress has expressed "keen satisfaction that L'Oreal
has become a warm friend of Israel"

[Or at the very least, they are toadying lest another $1.4 million be
 picked from their pockets.  -emc]

-

In 1977, Congress prohibited U.S. companies from cooperating with the Arab
boycott. When President Carter signed the law, he said the "issue goes to
the very heart of free trade among nations" and that it was designed to
"end the divisive effects on American life of foreign boycotts aimed at
Jewish members of our society."

-

http://www.bxa.doc.gov/AntiboycottCompliance/OACRequirements.html

 What do the Laws Prohibit?

Conduct that may be penalized under the TRA and/or prohibited under
 the EAR includes:

"*" Agreements to refuse or actual refusal to do business with or in
   Israel or with blacklisted companies.

   "*" Agreements to discriminate or actual discrimination against other
   persons based on race, religion, sex, national origin or nationality.

"*" Agreements to furnish or actual furnishing of information about
business relationships with or in Israel or with blacklisted
 companies.

"*" Agreements to furnish or actual furnishing of information about
   the race, religion, sex, or national origin of another person.

   "*" Implementing letters of credit containing prohibited boycott terms
   or conditions.

The TRA does not "prohibit" conduct, but denies tax benefits
   ("penalizes") for certain types of boycott-related agreements.

   What Must Be Reported?

The EAR requires U.S. persons to report quarterly requests they have
received to take certain actions to comply with, further, or support
  an unsanctioned foreign boycott.

   The TRA requires taxpayers to report "operations" in, with, or related
 to a boycotting country or its nationals and requests received to
   participate in or cooperate with an international boycott. The
   Treasury Department publishes a quarterly list of "boycotting
countries."

   How To Report:

   EAR reports are filed quarterly on form BIS 621-P for single requests
or BIS 6051-P for multiple requests available from the Department of
Commerces Office of Antiboycott Compliance (OAC) in Washington, D.C.
   To obtain these forms, telephone OACs Reports Processing Unit at (202)

 482-2448. TRA reports are filed with tax returns on IRS Form 5713.
   This form is available from local IRS offices.

 Penalties:

 The EAR prescribe the penalties for violations of the Antiboycott
Regulations as well as export control violations. These can include:

 Criminal:

"*" The penalties imposed for each "knowing" violation can be a fine
 of up to $50,000 or five times the value of the exports involved,
 whichever is greater, and imprisonment of up to five years. During
 periods when the EAR are continued in effect by an Executive Order
issued pursuant to the International Emergency Economic Powers Act,
the criminal penalties for each "willful" violation can be a fine of
up to $50,000 and imprisonment for up to ten years.

  Administrative:

  For each violation of the EAR any or all of the following may be
  imposed:

  "*" General denial of export privileges;

   "*" The imposition of fines of up to $12,000 See Footnote Below [INS:
:INS] per violation; and/or

"*" Exclusion from practice.

   Boycott agreements under the TRA involve the denial of all or part of
 the foreign tax benefits discussed ab

Re: CDR: Boycotting the Unwilling

2003-03-26 Thread J.A. Terranson

On Tue, 25 Mar 2003, Eric Cordian wrote:

> Correct me if I'm wrong, but the US will happily throw Americans in prison
> for refusing to do business with Israel, because Congress has made it
> illegal to support any boycott of the Beanie-Headed Land Grabbers.

Hrmmm.. Got a citation for this one?  As far out in the land of the clueless
Shrub may in fact be, I have yet to see anything that declares Israel a
protected class.  Of course, I could have missed it...

I'd really like to see a citation if you can find one.


> Seems like a bit of a double standard to me.

This is the U.S.: we live and die by the double standard.


-- 
Yours, 
J.A. Terranson
[EMAIL PROTECTED]