The Antiboycott laws under the U.S. Export Administration Act of 1979 [as amended in August 1999] were written specifically to protect Israel from the Arab League and other Moslem countries.
On Monday, July 11, 2011 the Knesset [the Israeli Parliament] passed an Antiboycott law against those who promote and call to boycott Israel.
Israel's Attorney-General claims that the Israeli boycott laws' border on unconstitutionality. A look at the U.S. Antiboycott laws objectives, should be helpful in defending the Israeli law.
"The [U.S.] Antiboycott laws discourage, and in some circumstances, prohibit U.S. companies from furthering or supporting the boycott of Israel sponsored by the Arab League, and certain Moslem countries, including complying with certain requests for information designed to verify compliance with the boycott. Compliance with such requests may be prohibited by the Export Administration Regulations (EAR) and may be reportable to the Bureau."The U.S. Laws Prohibits among others:
- "Agreements to refuse or actual refusal to do business with or in Israel or with blacklisted companies.
- "Agreements to discriminate or actual discrimination against other persons based on race, religion, sex, national origin or nationality.
- "Agreements to furnish or actual furnishing of information about business relationships with or in Israel or with blacklisted companies.
For further information about US anti-boycott laws see:Acting against the U.S. laws is considered a criminal behavior and carry with it penalties of up to $1 million and 20 years imprisonment per violation.
- "Agreements to furnish or actual furnishing of information about the race, religion, sex, or national origin of another person."
- http://www.bis.doc.gov/complianceandenforcement/antiboycottcompliance.htm#boycottlaws
- http://law.justia.com/cfr/title48/48-4.0.4.34.40.2.1.10.html
Technorati Tag: Israel and BDS and Boycott.
The US Supreme Court has held Congress has wide power to ensure commerce and trade with foreign states. Addressing foreign boycotts is in the province of foreign policy and the Court does not second-guess the political branches' judgment on such a matter.
ReplyDeleteWe'll see if Israel's hyper judicial activist Supreme Court will practice similar judicial deference.