Friday, December 2, 2016

German TV: "Imperial attitude - the long arm of US law"

Now that the US Congress has extended Iran sanctions for another 10 years, here is a timely story on how sanctions work or don't work.

On 1 December 2016, German investigative TV series Panorama had a segment on German citizens getting caught up in US Iran sanctions and ending up on the US list of "Specially Designated Nationals" (SDN).   

On the same day, Frankfurter Allgemeine published a long read based on the Panorama investigation.

The main subject of the report is a German business man who worked at a Cologne company that dealt with recovering payments by Iranian entities for goods and services.

In 2014, accused by the U.S. Treasury of having violated sanctions under both the terror financing (IFSR) and non-proliferation (NPWMD) regimes, he and the company he worked for asked for the reasons for the inclusion on the SDN. At the same time, they asked the German Central Bank (Bundesbank) for an audit of all Iran transactions. Mind you, the company had already applied for and being granted permission for each Iran transaction for years.

The audit turned up no wrong doing.

With the company heading for bankruptcy, it laid of Mr. W and was taken off the SDN in return. W. was not told why he ended up on the list. A letter from a Frankfurt, Germany, based law office on behalf of the Treasury had all relevant information redacted.

Mr. W. remained on the SDN under "Subject to Secondary Sanctions (individual) [NPWMD]
[IFSR]."

This is somewhat boring, but what happened next is probably the best illustration of the long reach of U.S. law, as the TV show calls it.

To recap, Mr. W. is a German citizen living in Germany, and the German authorities had certified all dealings with Iran were legal under the overall sanctions regime which Germany enforces, too.

Now unemployed, this is what happened to W.:
1) German banks cancelled his bank accounts and his credit cards - because of him being on the American list.
2) Deutsche Telekom refused to honor a cell phone contract for a Apple phone. They offered to let him out of his contract before expiration or send him a Samsung or Sony replacement phone. Reason: no American product for someone on the SDN.
3) Mr. W.'s mother bought a set of garden furniture in the German town where she lives and asked German company Schenker to ship the set to her son as a present. Schenker refused because of - you guessed it - him being on the American list.

When he petitioned the Treasury for removal from the SDN, they instead asked him for details on travel and meetings and - get this - a resume.

For more on this case as well another one, see Frankfurter Allgemeine (ask a friend or use Google translate) or check out the Panorama episode.

As for Mr. W., the blogster checked the SDN in the archives and found that the gentleman was removed from the SDN in January of 2016.

Don't ask whether he received an apology or damages for losing his job.

He takes the optimistic view: better this than Gitmo.

Addendum
The blogster is known for poking Germans with this provocative statement: you are aware that even the most incompetent and dumbest American congressman has more power than Angela Merkel, are you not?

In case you wonder, experts in international law say this kind of extension of US law not legal.

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