How can the US Treasury OFAC agency be so seemingly totally unaware of the business realities of the parties it regulates who want to send medical equipment and food to the suffering people of Syria and Iran? Can the agency be that deaf to the business realities of the parties it regulates? Does it even care or understand its own regulations? Does the Obama administration even care?

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AIPAC & OFAC Ratchet-Up US Sanctions Targeting Syria and Iran's Populations

FRANKLIN LAMB

Damascus.

The US Treasury Department's Office of Financial Assets
Control, since March of 2012, has been directed by Mr. Adam J. Szubin who
more than once has boasted on the sidelines of a Congressional Hearing on
Iran and Syria and at last March's AIPAC's national conference, that he
fancies himself a modern day Inspector Javert -- the Victor Hugo character,
according to one Congressional source, as a kind of role model because of
Javert's focused and relentless obsession. Szubin has pledged the same with
pursuing the financial interests of anyone on the planet that in any way
violates the massive and still growing US-led economic sanctions that are
targeting the civilian populations of Syria and Iran. For last fall's Halloween
party on the Hill, Mr. Szubin came dressed up as, you guessed it, Jean
Valjean's nemesis.

Reportedly a pleasant fellow, Mr. Szubin works closely with his mentor,
David S. Cohen, a bit less so, some say of the Under Secretary of the Treasury
for Terrorism and Financial Intelligence. The two gentlemen often work,
sometimes with friends, at the AIPAC HQ located less than a 20 minute walk
across the Mall below the US Capitol buildings where they dream up and
craft ways to cut off the financial legs and the lines of banking support for all
"terrorists". They also enforce US-led politically motivated civilian targeting
economic sanctions against rogue nations (read: the civilian populations
of Syria and Iran).

OFAC has been accused of taking orders from AIPAC, which for some reason
is not required to register as a foreign agent, which takes orders from the
Israeli Embassy, whose offices reportedly flood Szubin and Cohen with
memoranda on how to, as a sign two weeks ago above the printer in AIPAC's
library read, "Cut 'em off at the knees and let Allah sort it out!"

AIPAC does its part mainly with Congress. This week it drafted and
circulated to Congressional offices yet another Congressional letter to the
White House. In a broad show of bipartisan support for containing the
supposed threat of a nuclear-armed Iran, all but one member of the House
Foreign Affairs Committee signed, at AIPAC's urging, a letter petitioning
the President to increase pressure on the Islamic Republic. The AIPAC letter
arrives on the heels of Iran's presidential election and the sanctions it urges
are only the latest in a growing list the Obama administration has levied
against Iranian and Syrian citizens. One Congressional source emailed that
the timing of this most recent letter was meant to support the chorus of
messages from the US Zionist lobby that Mr. Hasan Rouhani's election will
not bring any positive changes regarding Iran's nuclear plans.

But as AIPAC knows, few people, especially on the Hill, are much impressed
these days by its stream of such "Sense of the Congress" letters making
demands on the White House. Congressional staff members, barely reading
them, often urge their representative to sign them right away so they do
not have their offices invaded by AIPAC lobbyists. Truth be told, AIPAC is
losing popularity on the Hill, according to Congressional contacts, even if it
does not yet show much.

This is where OFAC's work blends in and hopefully brings to perfection
AIPAC's project of targeting the Iranian and Syrian people. One example that
appears to have been coordinated with the House Foreign Affairs Committee
letter are the recently announced amendments to OFAC's sanctions
regulations.

Earlier this month, some apparently perverse US taxpayer-paid lawyer types
dreamt up and drafted, almost certainly with AIPAC input, the latest,
nearly incomprehensible, overly broad, unfair, and unlikely to survive a US
Federal Court challenge, certain "technical amendments" to the Terrorism
Sanctions Regulations and the Global Terrorism Sanctions Regulations.

These due process denying amendments, despite AIPAC and the US Treasury
Department's Office of Financial Control's denials and protestations, will
further curtail much needed medicines, medical equipment and food stuffs
being available to the civilian populations of the Syrian Arab Republic and
the Islamic Republic of Iran, causing yet more civilian suffering.

One example of the many legal defects in the newly adopted regulations,
one that would be evident to most first year law students, reads:

"A person whose property and interests in property are blocked
pursuant to - 594.201(a) has an interest in all property and interests in
property of an entity in which it owns, directly or indirectly, a 50
percent or greater interest."

What does this language require of firms wanting to supply medicines,
medical equipment, and food stuffs to civilian targeted populations?

As explained by Mr. Cohen, "Terrorists" (read: the civilian population of
Iran and Syria) are deemed for the purpose of broadening the US-led
sanctions, to have an interest in things in which they have a 50 percent or
greater interest.

Who would have imagined? The regulation continues:

"The property and interests in property of such an entity therefore,
are blocked, and such an entity is a person whose property and interests
in property are blocked pursuant to - 594.201(a), regardless of whether
the entity itself is listed in the Annex to Executive Order 13224, as
amended, or designated pursuant to - 594.201(a)."

In other words, all US-led sanctions block the assets of companies who aren't
on the SDN (Specially Designated Nationals) list if they are owned 50 percent or more by someone who is on the list. OFAC has not explained, but may well have to in US Federal Court,
just how does anyone screen for blocked parties who aren't on the list of
blocked parties?

Simple, Mr. Cohen says, just ask every company you're screening for the
name of all its 50 percent or greater owners. Okay, but what if the majority
owner isn't on the list? Well, OFAC expects those wanting to export
medicines or foodstuffs to Syria or Iran to somehow ferret out who is the
majority owner. Because if he is owned by a blocked party, then his property
is blocked, meaning the company you are screening is blocked and its assets
must also be blocked. OFAC replies, well just ask for the names of owners
greater than 50 percent and owners of owners with more than a 50 percent
interest. But even if the owner of the owner isn't on the list, the owner of
the owner of the owner could possibly be, so get to work". and on and on it
goes. Which board of directors of any company is going to go through all
this no matter how motivated it is by profit and/or humanitarian concerns
to deliver medicines and medical equipment and desperately needed food to
Syria or Iran? Their legal fees alone would be enormous.

And, of course, there's another problem with this new AIPAC- and Israeli
embassy-concocted blocking rules. They apply not just to the interest of the
blocked party but to the interest of the minority investors as well. And
they apply even if the majority investor (or the majority investor in the
majority investor) is designated after the investment. Therefore if someone
owns 51 percent of Company B which owns 51 percent of company C and
that, several years after his investment, she could be designated by OFAC as
an SDN -- which ranks up there with child molester or necrophilia addict.
The 49 percent investors in both Company B and C now have their
investments blocked. How can anyone protect themselves against that? What
crystal ball are people supposed to use to predict whether a person they are
doing business with won't become an SDN in the future?

That is the whole idea of the OFAC and AIPAC regulation amendments. It
allows the US Treasury Department, the White House and Congress, and the
US representative at the UN to say, internationally and also to the American
people who increasingly oppose targeting innocent civilians for political
purposes, "Actually the limited sanctions against the Syrian and Iranian
people are humanitarian" ,despite the fact that scores of thousands of Syrian
are on the verge of dying and hundreds have died and the number is
increasing. The reason is because previously imported drugs and foodstuffs are not being sent to
Syria, because of "food and medicine exemptions" language is basically fake window dressing.

For the reasons noted above, which company or its board of directors is
willing to risk being hounded by OFAC's Inspector Javert and face the threat
of enormous crippling fines, not to mention litigation costs merely to figure
out what the regulations really mean with respect to their joint business
ventures.

But the new OFAC-AIPAC US civilian-targeting sanctions rules are now
even more Kafkaesque. For example, if medical or food exporting firms want
to do business with Iranian or Syrian importing firms, how can they know
if owner #1 is an SDN and whether he may own 60 percent of Company B
and 45 percent of Company C. Further suppose that Company B owns
40 percent of Company D, and Company C owns 60 percent of Company D.
Who and what is blocked under the new OFAC rules? It might appear that
Company B and its assets are blocked, but Company C and its assets are not.
What about Company D? Suppose Ms. A owns 24 percent of Company D
through her 60 percent ownership in Company B. She also owns 27 percent
of Company D through her 45 percent interest in Company C which totals 51
percent of Company D. So even though Ms. A cannot control Company D,
since she doesn't control Company C, the majority owner, Company D would
be blocked as would all of its assets.

How can the US Treasury OFAC agency be so seemingly totally unaware
of the business realities of the parties it regulates who want to send medical
equipment and food to the suffering people of Syria and Iran? Can the agency
be that deaf to the business realities of the parties it regulates? Does it even
care or understand its own regulations? Does the Obama administration
even care?

Also, what about the slowly growing Congressional and public concern over
the civilian-targeting US sanctions and federal sunshine laws allowing for
public input when drafting new US Treasury Department regulations?

Well, AIPAC and OFAC have foreseen that potentially annoying problem.
Near the end of the Federal Register it has been decreed, without any public
participation, the following:

"Public Participation. Because these amendments to 31 CFR parts 594,
595, and 597 involve a foreign affairs function, Executive Order 12866
and the provisions of the Administrative Procedure Act (5 U.S.C. 553)
requiring notice of proposed rulemaking, opportunity for public participation,
and delay in effective date are inapplicable."

The Obama administration has no interest in public participation or input as
it targets the civilian populations of Syria and Iran. And Congress once
again is shirking its responsibility.

Why is there not a Congressional or UN delegation visiting Syria? Not a
John McCain silly photo op but a serious delegation arriving to Damascus
and Tehran and visiting hospitals and clinics, doctors, health ministry
officials, patients and the families of those who need very specialized drugs
for diseases such as cancer for example, and in Syria with refugees suffering
from malnutrition due to the US-led sanctions.

The US-led sanctions increasingly target the Iranian and Syrian people for
purely political purposes in order to ignite civil unrest which the Obama
Administration hopes will lead to regime chance violating many provisions of international humanitarian law as well as US Federal Statutes.

These gratuitous deadly assaults on the Syrian and Iranian public are immoral, illegal, outrageous,
ineffective at achieving regime change, and they are doing incalculable
damage to millions of innocents while further squandering whatever respect
for our country that still exists abroad and increasingly even within our own borders as evidenced by the recent spate of protests on a number of subjects, from New York to California sending messages to Washington that it is time to come home and rebuild our society.

Authors Website: http://mealsforsyrianrefugeechildrenlebanon.com/

Authors Bio:

Since 2013, Professor Franklin P. Lamb has traveled extensively throughout Syria. His primary focus has been to document, photograph, research and hopefully help preserve the vast and irreplaceable archaeological sites and artifacts in Syria.

Like Iraq, Syria is the cradle of civilization, and as such it has been a rich source of our shared global culture and historic heritage. Already endangered from illegal excavation, looting, international trafficking and iconoclasm; the theft and destruction of these sites has greatly increased as a result of the conflict in the Middle East.

Many of the endangered archeological sites and artifacts are over 7,000 years old. The oldest remains found in Syria are from the Paleolithic era (c. 800,000 BCE). The most endangered artifacts and archaeological sites currently are in Tell Halaf, the north of Syria near the Turkish border with Syria. These archaeological sites date as far back as 5,500 BCE. They include archeological sites and artifacts of the Babylonian, Sumerian, Egyptian, Assyrian, Phoenician, Aramaic, Greek, Roman, Byzantine, Umayyad, Ayyubid and Ottoman civilizations and empires.

Professor Franklin Lamb has also been working, sometimes under dangerous circumstances, to record and photograph the war damage done to religious icons, images, monuments, and ancient structures that span pre-Roman civilizations, and structures such as Islamic mosques, Christian churches and Jewish synagogues.

Professor Lamb is working tirelessly to record and photograph these sites and artifacts because they are in danger of complete destruction for religious, political and illegal trafficking reasons, especially due to the ongoing wars in the Middle East.

Professor Franklin Lamb's website and his latest book, "Syria's Endangered Heritage, an International Responsibility to Preserve and Protect" presents exclusive and never published before photographs, records, data, articles, and interviews from across the whole of Syria. His book can be purchased at his website http://www.syrian-heritage.com/.

In addition to Dr. Lamb's urgent archaeological work he is also deeply committed to rescuing and aiding refugee children in Syria. He is a volunteer with the Lebanon, France, and USA based "Meals for Syrian Refugee Children, Lebanon (MSRCL)", which seeks to provide hot nutritional meals to Syrian and other refugee children.

Lamb says that the goal of MSRCL is to be able to provide one meal a day to 500 children. More donors are needed in order for him to reach that goal. At $2.25 per meal x 500 children per day ($1,225), the budget for a month (30 days) requires approximately $36,000. Over 95% of each donation goes directly towards the cost of each meal. The MSCRL volunteer teams give their time, energy and even their own money to help the refugee children so that they will not become part of the "lost generation" of Syria.

Lamb's books and publications include "Pollution as a Problem of International Law"; "International Legal Responsibility for the Sabra Shatila Massacre"; "Israel's 1982 War in Lebanon: Eyewitness Chronicles of the Invasion and Occupation", "The Price We Pay: A Quarter Century of Israel's Use of American Weapons against Civilians in Lebanon in addition to the three volume set, "Palestine, Lebanon & Syria Palestine, Lebanon & Syria (Commentary and Analysis 2006-2016)." Due out during Fall 2016, in English and Arabic, is "The Case for Palestinian Civil Rights in Lebanon: Why the Resistance Sleeps."

Dr. Lamb's most recent book is "Syria's Endangered Heritage: An International Responsibility to Preserve and Protect". www.Syrian-heritage.com

Lamb's Academic Credentials include: BA, and Law Degrees from Boston University, Master of Law (LLM) Master of Philosophy and Doctor of Philosophy from the London School of Economics (LSE); Diploma in International Air & Space Law from the University College of London; Post-Doctoral Studies at Harvard University Law School of East Asian Legal Studies Center, specializing in Chinese Law; International Legal Studies at Cambridge University in the United Kingdom; Studied Public International Law at The Hague Academy of international Law, at the International Court of Justice, in The Hague, Netherlands.

Lamb's Professional and Political Activities include Assistant Professor of International Law, Northwestern College of Law, Portland, Oregon and Assistant Counsel to the US House of Representatives Judiciary Committee, During the Administration of President Jimmy Carter, Lamb was elected for a four year term to the Democratic National Committee, representing the state of Oregon. Lamb served on the Democratic National Committee Judicial Council with California Congresswoman Nancy Pelosi as well as the Platform Committee on East-West Relations. Professor Lamb served on the presidential campaign staff for Presidential Candidate Edward M. Kennedy of Massachusetts.