11
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 "...
10
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 ...
6
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 "...
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
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
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, ...
4
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.
4
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.
...
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 ...
4
Under US regulations pertaining to Iran sanctions, §560.201,
Except as otherwise authorized pursuant to this part, and
notwithstanding any contract entered into or any license or permit
granted prior to May 7, 1995, the importation into the United States
of any goods or services of Iranian origin or owned or controlled by
the Government of Iran, other than ...
4
To narrow this down to a specific country, you can read about the Syria sanctions here. Sanctions under US law are against a country, and against named individuals: there are no sanctions against "Syrians". A person cannot engage in transactions in (certain) goods of Syrian origin, and you cannot invest in (businesses in) Syria. A Syrian citizen ...
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
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, ...
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
The answer depends on the jurisdiction, as always. But under the Federal Rules of Civil Procedure, which are the model for most American courts, there are all kinds of potential sanctions for discovery violations.
Rule 37(b):
If a party or a party's officer, director, or managing agent—or a witness designated under Rule 30(b)(6) or 31(a)(4)—fails to obey an ...
3
Your question is based on an incorrect premise
Heads of State can be and have been held accountable for war crimes and crimes against humanity.
For example:
Germany
Japan
Yugoslavia
Rwanda
2
The US government could not break up a, say, UK registered company under anti-monopoly law (or anti-trust as it is called in the US).
However, it could impose legal sanctions such as fines and embargoes on its activities conducted in or affecting the USA. Those fines could be enforced in a UK Court.
2
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, ...
2
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 ...
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 ...
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
There is a specific answer about Iran, and a vague general answer. The vague general answer is "It depend on what the sanctions are". Here is the summary of the sanctions against DR Congo. The gist of the sanctions is that they are directed against 7 particular individuals. The prohibited transcations are described as:
Unless otherwise authorized ...
2
I was wondering if in the Charter or any other UN documents are listed (in detail) the different types of sanctions that can be imposed
Sanctions are specifically targeted to achieve a particular objective depending on the circumstances so it it unlikely, if not impossible, to have a definitive list.
That said, have you seen this Fact Sheets document which ...
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
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
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 "...
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