8

Generally, such sanctions prevent certain sorts of transactions in goods and services with nationals or entities of the nation under sanction. The exact list of transactions prohibited or restricted varies. If Open source software were being provided as a service, so that the recipient paid directly for a license, or for customization or configuration work, ...


8

Visa is incorporated in Delaware. So is MasterCard. In addition, both are headquartered in the US, have huge quantities of assets in the US, do lots and lots of business in the US in a highly regulated sector, and their very existence depends on their ability to interact with the US banking system. The US has the authority to regulate all of these things, ...


7

In the US, it is illegal to sell screwdrivers to Gaza without a license, see 31 CFR 595.409. There are numerous rules pertaining to the Palestinian Authority staring here. Dept. of State has a partial list of countries and their associated restrictions, if you want "like Gaza", and note that they warn you that this is not a complete list. If you are ...


7

Publishing source code is protected under the First Amendment. Therefore the US government cannot stop anyone from publishing open source software, and once it is available from a web site it is impossible to stop anyone else getting it. However any kind of support contract (such as this) or other commercial arrangement would fall under the definition of "...


6

The reality is that it is almost never an acceptable tactic to use in any jurisdiction where I ever have/or currently do practice. The bar is relatively small no matter where you are; even in bigger cities. Your reputation is your most valuable asset and it would be crippled if this became your M.O., or was used in anything but the most rare and egregious ...


5

It really depends on what "services" you are providing, but generally speaking you would be in violation of the Department of Treasury, Office of Foreign Assets Control (OFAC). These regulations are spelled out in 31 CFR §560.205 and 560.420 and apply to US citizens and residents wherever located. Specifically, the action that is prohibited is the "...


5

Theoretically, life imprisonment. One can be imprisoned for as long as you remain in contempt of court, so if a person is ordered to testify and refuses, he can be held in prison until he testifies. In the US, this has been tested up to 14 years, whereupon a judge decided that the individual would perennially remain in prison rather than comply with the ...


4

The passage is alleged to be not “innocent” From Article 19: Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. The article enumerates a non-exhaustive list of things that are not innocent but the UK is free to make laws adding things to the list providing these are “published” (Article 21). The ...


3

As a preface, every company must have a team of lawyers who interpret the rules and who know the practice of the Treasury Department, so that the company doesn't violate the rules and end up in big trouble. A company has to decide whether some action is worth the risk (meaning, knowing what is it worth to them, and what are the risks). There is a long FAQ ...


3

This is a copy of my answer to a similar question on politics.se, which I only became aware of after posting this question. My answer there is itself derived from material dug up in another answer, but it expands on the legal justification I think that material implies. The key legal point of their justification seems to be this, from the press release. ...


3

While there are certainly statutory and procedural vehicles for sanctions, they are almost never requested or allowed when moved for, and are almost never imposed by judges. Something very severe needs to occur and not just your typical discovery violation ("speaking objections" during depositions, being late with responses, failure to cite to affidavits, ...


3

Update (12/2/16) - Just received the following confirmation from Apple Export Compliance: The [redacted] app presently uploaded into your account CAN BE legally released to US and Canada only, it will not be necessary to go through Export Regulations. They have also rephrased the question "Does your app qualify for any of the exemptions...?" to the ...


3

Yes If it is illegal to transfer money between the jurisdictions then any contract that requires that to happen is unenforceable. This is a subset of "sovereign risk" in a trans-national deal.


2

There is a regulation 31 CFR 560.419 making it unlawful to hire an Iranian national ordinarily resident in Iran to come to the United States solely or for the principal purpose of engaging in employment on behalf of an entity in Iran or as the employee of a U.S. person, unless authorized pursuant to §560.505 If the work is conducted long-distance, ...


2

There is no such limitation Each sovereign state is free to recognise or not recognise another state. Further, each is free to recognise or not recognise a government of a state they recognise. For example, most Arab nations do not recognise Israel and, by extension, the government of Israel. Without a UN resolution sanctions are also a matter for ...


2

The ship is tied to the EU It was in EU territory (specifically the UK) and therefore subject to UK law.


2

This needs to go before a Prize Court, a jurisdiction which in this case will be exercised by the Admiralty Court, a specialised division of the High Court. (The courtroom has two clips into which a ceremonial oar is placed to indicate that the Admiralty Court is in session). As the Wikipedia article says, "A prize court may order the sale or destruction of ...


2

We have no information on contractual obligations imposed on you by your employer. You may be compelled to provide information or prohibited from doing so on that basis. Conceivably there is some "compartmentalization" requirement to the effect that only certain employees are allowed access to certain information, so you'd need to ask higher-up in ...


1

Is this scheme applicable to archaic laws of 7-5 BCe? Not in the example you provide, although legal systems that predate the Gortyn code contain portions which present the structure hypothesis-disposition-sanction. Disposition is defined as "the final determination of the court in a criminal charge". Thus, the law "if you rape a free woman, ...


1

If you are ordinarily an Iranian resident (have not fled the country) then 31 CFR 560.419 still applies, even if you e.g. happen to be working in Europe. The US "virtual embassy" to Iran says this about visas to the US. They mention that an immigrant visa is technically possible, if authorized by the appropriate consular staff (a waiver of the ...


1

This happens all the time, usually under the rubic of the "unclean hands" doctrine. Historically, it was a bar only to seeking relief in courts of equity in systems descended from English law (doctrinal differences between legal and equitable legal theories have persisted even though law courts and equity courts have been merged in most common law ...


1

Sell it and it’s cargo No doubt there will be legal challenges to this and likely injunctions taken to prevent this while they are resolved. However, assuming the UK government wins these the ship and its cargo will be the property of the UK government. They don’t want to be in the oil or shipping business so they will probably sell.


1

The order (effective in a few hours) is here. There is no general list of reasons, though in a specific case one might be able to find evidence as to why a certain item was restricted. However, you also won't get a very specific list, instead you'll get a description of the kinds of goods and services that can't be exported. For instance, included are "...


1

It probably has to do with the sophistication and risk tolerance of the organization in question. Larger companies will typically have bigger legal teams that can better identify truly risky behavior. For example, Executive Order 13685 blocks certain trade with Crimea: Section 1. (a) The following are prohibited: ... (iii) the exportation, ...


1

From the OFAC website: Submitting an Application for a Specific License: Applicants must first select the type of application that will be submitted from the following choices: Application for authorization to travel to Cuba under a specific license. (Should your travel be authorized pursuant to a general license, do not submit an ...


1

The main limitations on sending demand letters against the bona fide target of the demand (one can imagine sending a demand letter to someone who isn't a true target of the demand as a sneaky way to engage in defamation or to violate privacy laws but that doesn't seem to be the context here), do not arise from the professional ethics of an attorney, although ...


1

If your app doesn't qualify for some exemption then it doesn't qualify. If it's sold in the USA only, then you may not need to qualify for the exemption, but claiming you do qualify would be a lie. There's also the problem that people can be outside the USA and buy from the US app store. First, American residents with a US account on holiday outside the ...


1

No. You must file either an Answer or a Motion to Dismiss. If the Court were feeling lenient, it might determine that your Rule 11 motion was in effect a Motion to Dismiss, but assuming that the Court would be lenient in that manner would be unwise. You need to file an Answer or a Motion to Dismiss, and then a Rule 11 motion. Also, filing a Rule 11 motion ...


1

Yes, parties can file motions for sanctions. In civil cases, this is one of two ways sanctions can be imposed, the other being the court filing a motion under its own authority (Rule 2.30(c)). Likewise, sanctions under the Code of Civil Procedure, section 128.7, refers to a motion for sanctions by the opposing party. The fact that they say "sanctions may ...


1

Sanctions are available in most or all U.S. courts, including California. There are various statutory and rule-based justifications; however, these motions are rarely brought by licensed attorneys, because the standard for sanctions is generally high. They are more often brought by and against pro se parties, whose grasp of the rules tends to be more tenuous....


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