Trajan
Veteran
European multinationals that break the rules have paid out over $40bn in fines to the US authorities in recent years. Rather than just use the law to clean up business, does the US want to be global enforcer?
If it’s in dollars, it’s ours

‘We’re facing an extremely dense wall of US legislation specifically intended to serve the ends of the economic and political empire with a view to gaining economic and strategic advantages,’ Pierre Lellouche, a deputy member of parliament for Les Républicains, told the foreign affairs and finance committee of France’s Assemblée Nationale last October. He was presenting the report of a fact-finding mission on the extraterritoriality of US law, which was ‘chilling’ to read, according to Socialist deputy Christophe Premat.
Only after colossal fines were imposed on BNP Paribas ($8.9bn) and Alstom ($772m) in 2014 did France’s politicians and media take notice of the US’s intention to impose its legal model and laws on other countries, even its closest allies.
This ‘judicial foreign policy’ is well resourced. It starts with intelligence: the CIA, NSA and FBI and their agents in embassies feed information back, using paid sources if necessary, and NGOs. The data is processed by the Department of Justice (DOJ), the Treasury, the SEC, the Federal Reserve and the Office of Foreign Asset Control (OFAC), which monitors international compliance with US sanctions. Local and state prosecutors, such as New York’s, often get involved in proceedings against large foreign companies.
The DOJ and other bodies behave like prosecutors, with the sole objective of getting a guilty plea from transgressors, and the longer these take to admit culpability and accept a judgment, the heftier the penalty will be.
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All it takes is for a contested transaction to be denominated in dollars or an email exchange to have gone via an American server for US courts to decide they have authority
If it’s in dollars, it’s ours

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They are cautious about doing business with countries of interest to the US, especially Iran. Even after the nuclear agreement in 2015, French banks do not want to risk lending companies money to trade with Iran. They are also reluctant to fund investment in Russia (Airbus had to go to Chinese banks). Companies are seeking other sources of finance that are not dollar-denominated — almost impossible for small and medium firms — or abandoning their plans, which is what the US wants since it can then keep the Iranian market for itself. On 30 September 2016 the US corporation Xerox told its French customers and suppliers not to do business with Iran if they wanted to retain good relations with Xerox.


The fracture is coming, just you wait...