Question
Globex Corporation, a multinational company based in the European Union, engages in the manufacture and sale of telecommunications equipment. Recently, Globex announced a major deal
Globex Corporation, a multinational company based in the European Union, engages in the manufacture and sale of telecommunications equipment. Recently, Globex announced a major deal with TeleComfy, a state-owned enterprise located in the fictional country of Sanctoria, which has recently been placed under strict U.S. financial sanctions due to concerns over human rights violations and aggressive military actions in its region.
The deal involves selling advanced telecommunications equipment worth $500 million to TeleComfy. The payment for this transaction is structured to be made in U.S. dollars and processed through a U.S. bank. Additionally, the chief executive officer of TeleComfy has been designated as a Specially Designated National (SDN) by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury.
Globex Corporation argues that since they are based in the EU and the goods are manufactured and shipped from there, their transaction does not violate the U.S. sanctions. They also contend that the sanctions' extraterritorial application infringes on their national sovereignty and the principles of international law.
You are hired by the Globex to analyze the legal implications of its planned transaction with TeleComfy in light of U.S. financial sanctions. How would you respond to above arguments of Globex? Based on what we covered in class, is there any way to restructure the deal to avoid U.S. sanctions?
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