On the occasion of the 29th Annual Session of the Crans Montana Forum, to be held in Brussels (Belgium) from June 27 to 30, a high-level conference will be dedicated to doing Business in a World of Sanctions and Extraterritoriality.
Among the topics to be addressed :
Today, Sanctions are omnipresent
The number of sanctions is growing throughout the World; they can be imposed by one state (bilateral) or by several (multilateral) and can even target major powers
Sanctions have serious humanitarian consequences as they impact first and foremost the most vulnerable parts of the population
Sanctions lead – on a regional level – to the criminalisation of business through the development of an underground economy, which is supported by the target state as it aids in reducing the impact of sanctions while increasing the wealth of a powerful elite
The sanction system develops corruption within government institutions
The new practice of smart sanctions (more targeted sanctions) is deemed more effective
Sanctions are principally financial, monetary or commercial in nature. Those targeting individuals raise the issue of respecting the individuals’ rights (there are numerous instances of sanctions being overruled by the European Court of Justice)
Sanctions disrupt bilateral trade, prove costly for the sanctioning country and often provoke retaliation that is even more costly
In the long term, prohibitions to invest in certain countries damage economic operators in the sanctioning country, to the benefit of their competitors
Sanctions lead the target state to form new and alternative partnerships with countries not respecting the sanctions in place.
Extraterritoriality and Business Development
The United States imposes the effects of its sanctions upon all stakeholders with US interests, by imposing the extraterritorial application of US laws
The list of countries sanctioned by the United States is based on US foreign policy criteria. This is the sole judgement as to the “desirability” of foreign governments, which is then imposed upon all players in the global economy
The extraterritoriality of United States law imposes a strict compliance with US foreign policy upon every business that has subsidiaries, suppliers or clients in the United States or that is listed on Wall Street
US courts assume jurisdiction to sanction all transactions conducted anywhere in the world in US dollars, or having resulted in an email exchange passing through a server located on the US territory
Several billions Dollars in fines have been paid in the last few years by European firms accused of violating US sanctions or engaging in activities contrary to US legislation
Businesses considering trade with countries under US embargo must first seek the assistance of a specialist in US law