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Shurat HaDin's July 25 2012 Letter to Inmarsat

Shurat HaDin's July 25 2012 Letter to Inmarsat

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Shurat HaDin's July 25 2012 Letter to Inmarsat
Shurat HaDin's July 25 2012 Letter to Inmarsat

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Published by: Shurat HaDin - Israel Law Center on Jul 25, 2012
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06/03/2014

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,'"10,52512 
Beit Hakeren, 10 Hata'as St. Ramat Gan52512, Israel
 
www.israellawcenter.org
_______ __________________ _____________________________________________________________________________________________________________  
:97237514175
Tel:
 :97237514174
Fax:
 2125910073
Tel (US):
July 25, 2012Andrew Sukawaty – Executive ChairmanRupert Pearce, Esq. – Director and Chief Executive OfficerRick Medlock – Executive Director and Chief Financial OfficerJohn Rennocks – Deputy ChairmanAlison Horrocks – Director, Senior Vice President and SecretarySir Bryan Carsberg – DirectorStephen Davidson – DirectorAdmiral James Ellis Jr (Rtd) – DirectorKathleen Flaherty – DirectorJanice Obuchowski – DirectorInmarsat Inmarsat99 City Road 1101 Connecticut Avenue, NWLondon EC1Y 1AX Suite 1200United Kingdom Washington DC 20036Via Fax: 44 (0)20 7728 1142 Via Fax: 202 248 5177Re:
Criminal and Civil Liability of Inrmarsat and its Officers andDirectors Relating to Vessels Owned by, Operated by, orDedicated to the Aid of The Islamic Republic of Iran
Dear Sir or Madam:S
HURAT
H
A
D
IN
—I
SRAEL
L
AW
C
ENTER
, an Israeli organization dedicated toenforcing basic human rights through the legal system, represents victims of terrorismin courtrooms around the world. Among our clients are current judgment creditors of the Islamic Republic of Iran.It has come to our attention that Inmarsat
*
is providing satellite services to oiltankers and other vessels that are owned by, controlled by, or dedicated to the aid of Iran. On July 12, 2012 the United States Treasury further updated its lists of designated companies, individuals and property that American and non-Americancitizens are prohibited from engaging with. Many of the vessels listed by the Treasuryare being provided satellite services by Inmarsat. (Seehttp://www.treasury.gov/press-center/press-releases/Pages/tg1634.aspx,http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20120712.aspx#vessels).
*
All references in this letter to “Inmarsat” include Inmarsat PLC and Inmarsat Inc., as well as allsubsidiaries thereof and all entities affiliate therewith. Where appropriate, it also includes Inmarsat’sofficers and directors.
 
 
-2- 
Please be advised that providing aid to Iran is illegal and will expose Inmarsatand its officers and directors to criminal prosecution and civil liability to Americancitizens and others who suffer as a result of Iran’s international sponsorship of terrorism. (
See Abecassis v. Wyatt 
, 785 F.Supp.2d 614 (S.D. Tex. 2011) (allowing asuit to go forward against an oil and gas company and its officers and directors forengaging in business with a terrorist state.)) Additionally, by providing aid to Iran,Inmarsat subjects itself to forfeiture of its assets to judgment creditors who holdunenforced judgments against Iran. (
See
28 U.S.C. § 1610 note and 28 U.S.C.§ 1610(g) (permitting judgment creditors to execute judgments against the property of terrorist states); 31 C.F.R. §§ 535.311, 535.312 (defining “property” to include any“property, real, personal, or mixed, tangible or intangible, or interest or intereststherein, present, future or contingent” and defining “interest,” as used in this sentence,to mean “an interest of any nature whatsoever, direct or indirect.”))Since January 19, 1984, Iran has been and continues to be designated by theUnited States, pursuant to Section 6(j) of the Export Administration Act, Section 40 of the Arms Export Control Act, and Section 620A of the Foreign Assistance Act, as aState Sponsor of Terrorism. As a result of that designation, it is subject to numerousrestrictions and sanctions under United States law and subjects those organizationsthat do business with it to numerous restrictions. According to the U.S. StateDepartment, Iran is the world’s “most active state sponsor of terrorism.” Further,“Iran’s financial, material, and logistic support for terrorist and militant groupsthroughout the Middle East and Central Asia had a direct impact on internationalefforts to promote peace, threatened economic stability in the Gulf, and underminedthe growth of democracy…. Iran [remains] the principal supporter of groupsimplacably opposed to the Middle East Peace Process.”Moreover, the international economic sanctions regime imposed against Iranalong with the regulations enacted by the United States Treasury and the EuropeanUnion are intended to deter the Iranian government from advancing its nuclearweapons program in violation of international law.By materially supporting Iran’s oil industry, Inmarsat facilitates Iran’s terroristactivities and nuclear weapons program. To the extent that Inmarsat’s satellite supportis utilized by Iran’s military agencies, Inmarsat is a direct participator in Iran’sterrorist activities and nuclear weapons program.Provision of communications services constitutes the provision of “materialsupport or resources” pursuant to 18 U.S.C. § 2339A. Such provision thereforesubjects Inmarsat to
criminal
liability pursuant to 18 U.S.C. §§ 2339A, 2339B, 2339Cand to civil liability pursuant to 18 U.S.C. § 2333 (
see Boim v. Holy Land Foundation
,549 F.3d 685, 690-91 (7th Cir. 2008) (en banc)). The United States Supreme Courthas ruled that material support liability exists without regard to the criminal or terror-inducing intent of the material supporter. Indeed, gifts to the purely charitableobjectives of a terrorist state or organization are actionable because, in the words of the Court,

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