David Robertson, Business Correspondent
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British businessmen could find themselves in American jails after a crackdown by the US Department of Justice on trade with “rogue states”, leading lawyers say.
US officials are reaching across borders in an attempt to prevent companies doing business in countries such as Iran, even if people are obeying their own domestic laws.
Ali Manzarpour, a Brighton-based businessman, is in jail in Poland awaiting extradition to the United States, despite never having visited the country. He is charged with trying to export an experimental single-engine aircraft to Iran. This is not believed to have contravened any British or European law, but because the aircraft originated in the US, the Americans are claiming jurisdiction.
America’s pursuit of businesses that trade with its enemies is among post9/11 initiatives to stop the sale of materials that allegedly could be used by terrorists or rogue nations. It is also being used to prevent China gaining access to military equipment. Last month ITT, the world’s leading manufacturer of night-vision goggles, was fined $100 million (£51 million) for sending classified material to China.
American companies doing business in Iran face exceptional scrutiny after the imposition of United Nations sanctions and the country’s continuing pursuit of nuclear technology. However, companies outside the US also risk punishment for doing business with states and groups deemed unsuitable. Mr Manzarpour, who, in a separate case in the 1990s, was convicted of breaking British export rules, has been held in a Polish jail for two years while extradition hearings continue. Polish police arrested him at the request of American officials.
In a debate on the extradition in the House of Lords last year, Lord Goodhart said: “Is this not an example of the US Government’s aggressive use of the powers to obtain extradition and of the submission by too many countries — including, in other cases, our own — to those excessive demands?”
Michael Marinelli, an international trade lawyer with Cooley Godward Kronish in Washington, said that companies must be acutely aware of the identity and location of their buyers and sellers.
“The US is asserting its juristiction over people in other countries,” he said. “If you resell goods that originate in the US, then no matter what UK law says, the US says: ‘We can come after you.’
“There is a lot less tolerance for businesses saying they did not realise the sensitive nature of what they were selling.”
Cases being brought by the US Department of Commerce against companies breaching export rules indicate that, apart from rare cases, such as that of ITT, nearly all involve small operations. Companies such as Shell, which is planning a £5 billion liquid natural gas venture in Iran, and Halliburton, which had an office in Tehran for years, appear to be of less concern to authorities in Washington than an individual allegedly attempting to to sell a light aircraft.
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unfortunately Mr bin laden put race relations back 200 years
on 9/11 and gave a rebirth to every arms manufacturer
in the world it is only human nature that the western world is running around like headless chickens .we need a world court to try terrorist's not an American one I have lived in the
UK for 53 years along side Asians Jews Hindi Islamic Afro
people and never once felt threatened and in the UK we
are all innocent until proven guilty in the eyes of the law
wake up America ban those guns.
george william taylor, hull, uk
As long as the neo-cons and warmongers remain in power, America will be a totalitarian state. They did that to Russia (the Bolshevik revolution) and they are doing that now to Britain under Blair. They have already put in power facist governments in most important countries Europe, next one will be France under Sarkozi.
Get rid of neo-con warmongers and you will have freedom of trade and peace.
Vincent , Cape Town, South Africa
There has been a huge expansion in the number of laws here in the US in the past thirty years, with a zero tolerance and mandatory sentencing mentality, and a HUGE growth in the police and security apparatus especially on the state and local governments in addition to federal.
Consequently there are over 2 million Americans in prison and 7 times as many somewhere transiting through the justice system, parole and probation. Records are kept on all "offenders" which doubly punishes people by denying them employability in most, even menial jobs, now. The growth of massive drug screening of the work force is another arm of the law that keeps check on ordinary citizens without any discussion of privacy and personal liberty issues. I have seen this awesome expansion of law into every facet of American life in the past thirty years and now its starting to claim rule overseas. I see it and its absolutely mindlessly hungry for more.
Brian, Los Angeles, USA
I live in America, and I see even worse things in the news, recently a soldier who has returned from Iraq was sitting on some porch steps and while he was sitting there, 8-12 police officers came up to him, shouted at him, and then before he could move, tasered him three times. Then they shot him three times. The government here says that is a good shooting.
Michael Sinclar, Washington, DC
Yeah,everyone just do what they like, such a "free" world makes justice nowhere to stand. If you are unable to educate your children to behave, do you mind others to help a hand lest they jeopardize our shared international community
alan, Wuhan , China
But doesn't Her Majesty have anything to say about these attacks on her subjects?
George Smith, Norfolk, UK
Bloody Amercians thinking they own the world again.
Every little issue seems to make the US scared of losing its power is the World. Let's face it, the USA are on a down turn, and they will eventually run out of steam. The money they spend on defence to protect the supply lines of oil running from the Middle East is comming to an end.
America needs to wake up, and smell the air of change in the rest of the World. We don't want a world that is run on oil. We have reached peak oil, and the decline in oil production has started. We must switch.
We are world citizens with a free will to decide what is right for ourselves. America has no right to impose its will on others. Wake up USA.
Gareth, Seoul, S Korea
A clear case of - ignoratia juris non excusat - it seems. Or just, increasingly elastic international law..
Georgina, Manila,
Why does the UK or any other Country bother having laws, when at the end of the dau we obviously are all governed by the great USA ?.
It is about time that the spineless Tony Blair and his Government stood up to America and told them to leave our citizens alone !. Perhaps the UK should out counter pressure on Poland to release him and see who Poland then sides with.
Alan Stepney, Guildford, UK