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by Peter A. Belmont / 2010-04-30
© 2010 Peter Belmont
Presently, Israel purchases heavy equipment (and other equipment, supplies, weapons, materials, etc.) from suppliers (including Caterpillar and Volvo) who are subsequently inconvenienced by BDS actions because their equipment has been used in the Israeli occupied territories (which the International Court of Justice has confirmed are “occupied territories” and wherein the same court has identified various illegal activities being carried on by Israel—such as the building of the wall and the settling of the settlers.
What can these and other poor suppliers do? What can anyone do who does business with Israel or with citizens or companies of Israel? Or who does business at all?
The equipment, etc., which they sell can always be used against Palestinians in the occupied territories. And BDS actions can then target the companies.
Out and out refusal to do business with Israel might subject the companies to problems a good deal worse than BDS actions, because the US has on its books laws against participation in boycotts of Israel. (Yes, Virginia, the same US which maintained a long boycott on Iraq and an endless boycott on Cuba, has a law outlawing boycotts on Israel.)
Here’s a suggestion (which the proverbial competent lawyer could first check out and then tighten up a bit):
PURPOSE
The idea is to place a restrictive clause in all sales contracts which effectively forbids (or provides to punish with money damages) delivery or transfer of goods and materials sold, directly or indirectly, to or into occupied territories where violations of international law are taking place. This restriction intends to prevent deliveries to the occupier who is presumed to be the violator.
An exception is made to allow transfers to or into occupied territories for the benefit of “protected persons” living in the occupied territories.
PROPOSAL
Let any vendor (after reviewing the US laws carefully, of course—where there are legal questions, always consult a competent attorney!) include within all its sales contracts a clause like the following: AGREEMENT ON RESTRICTIONS OF USE OF GOODS OR MATERIALS PURCHASED
The seller and purchaser of goods or materials under this agreement agree to the following (“RESTRICTION”): the purchaser of goods or materials under this agreement may not transfer or use the goods or materials hereby purchased, or any of them, into or within any territory declared to be occupied territory (in the sense of belligerent occupied territory) by the International Court of Justice or by any other court if, within such territory, such court shall by decision, order, opinion, or like dispositive writing, also have identified violations of international law or laws, conventions, treaties, etc., by the occupying power.
This RESTRICTION shall not apply to goods or materials purchased hereunder after the same shall have been returned by purchaser to seller.
This RESTRICTION shall not apply to goods or materials purchased hereunder if, when the goods or materials are first transferred into or used within the occupied territories they are transferred to or used by persons described as “protected persons” in the Fourth Geneva Convention.
Seller and purchaser further agree that this “AGREEMENT ON RESTRICTIONS OF USE OF GOODS OR MATERIALS PURCHASED” binds any person or entity to whom or to which the goods or materials purchased hereunder may hereafter be transferred by purchaser, directly or indirectly. Here, the term “transfer” shall have its widest possible meaning and shall include, by way of example only, such modes of transfer as gift, sale, licensing, loan, bailment, as well as all other transfers of custody with or without change of ownership.
In the event that purchaser violates the RESTRICTION set forth within and agreed to by both parties as part of this AGREEMENT ON RESTRICTIONS OF USE OF GOODS OR MATERIALS PURCHASED, and thereafter receives a written demand of the seller for damages for such violation, purchaser shall forthwith (so far as feasible) return all the goods and materials purchased hereunder to seller, in their condition at the time of receipt of such written demand, without cost or expense to seller, at seller’s principal place of business, and shall in addition make a payment to seller of ten (10) times the purchase price for all the goods and services purchased under this agreement.
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