When doing business in or with the United States, whether with U.S.partners or through your own subsidiary or some other intermediary or just being the consultant located outside the U.S. but assisting a U.S.citizen, you must be aware of the far reach of U.S.jurisdiction. The following samples shall serve as red flags and a reminder for having foreign corporate management and compliance consultants do their homework. Extraterritoriality (applicability of U.S.laws to facts and circumstances, persons and companies outside the U.S.) is an issue your company must be willing to cope with when doing business on a U.S, and global scale.
Sample 2 (Sample 1 see August 1, 2010) : U.S.sanctions against foreign companies when delivering blacklisted products to Iran. See Official Statement of the DOJ, July 7, 2010: A federal grand jury in Washington, D.C., has charged an Irish trading company, and its Irish officers in Ireland, in a superseding indictment with purchasing F-5 fighter aircraft parts, helicopter engines and other aircraft components from U.S. firms and illegally exporting them (via Malaysia) to (not officially mentioned to the U.S.party) Iran. Apart from the order, the defendants had no contact to the United States. Thus, get the necessary information first from the U.S. Office of Foreign Assets Control (OFAC). Be aware that your company is even then subject to OFAC?s reach if not doing business in the United States but having a German Management Board to which a U.S.Citizen is a member to.
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