http://www.exportlawblog.com/archives/91 Latest News on DDTC, BIS, OFAC, and other export law matters Fri, 10 Feb 2012 10:06:23 +0000 hourly 1 http://wordpress.org/?v=3.0 http://www.exportlawblog.com/archives/91/comment-page-1#comment-436 Mike Deal Mon, 22 Jan 2007 15:46:51 +0000 http://www.exportlawblog.com/archives/91#comment-436 EU Regulation 96/2271, as implemented by the annex, also reaches unilateral US sanctions on Iran as well as Cuba, and could potentially reach other embargoes identified by the EU Commission as well. Moreover, it doesn't just prohibit compliance with the embargoes, if invoked by a protected person, i.e., a EU individual or business, which could include a EU subsidiary of a US company, it also prohibits EU governments and persons from cooperating with any legal action in the US directed toward enforcing the embargoes. Thus, when German Customs cooperated with OFAC, ICE, and OEE toexecute a search warrant on a German firm DO'd for solciting exports of US equipment for transshipment to Iran, the German firm could have invoked 96/2271 to prevent any cooperation by the German government and could have prevented individuals from providing documents or information to ICE, OEE, and OFAC, a customs cooperation treaty notwithstanding. EU Regulation 96/2271, as implemented by the annex, also reaches unilateral US sanctions on Iran as well as Cuba, and could potentially reach other embargoes identified by the EU Commission as well. Moreover, it doesn’t just prohibit compliance with the embargoes, if invoked by a protected person, i.e., a EU individual or business, which could include a EU subsidiary of a US company, it also prohibits EU governments and persons from cooperating with any legal action in the US directed toward enforcing the embargoes. Thus, when German Customs cooperated with OFAC, ICE, and OEE toexecute a search warrant on a German firm DO’d for solciting exports of US equipment for transshipment to Iran, the German firm could have invoked 96/2271 to prevent any cooperation by the German government and could have prevented individuals from providing documents or information to ICE, OEE, and OFAC, a customs cooperation treaty notwithstanding.

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