Re:Huawei reviewing FedEx relationship, says packages 'diver...
by JumpCrisscross on Monday May 27, 2019 @11:41PM
(#20027042)
> what gives the US any jurisdiction to demand the arrest of a foreign executive on foreign territory, for acts committed on foreign territory
She violated American laws with American products using U.S. dollars for years. She then travelled to an American ally.
This is a stupid counter argument.
Re:Huawei reviewing FedEx relationship, says packages 'diver...
by DiogenesKynikos on Monday May 27, 2019 @11:55PM
(#20027097)
Where does the US have jurisdiction? This is a legitimate question. What legal right does the US government have to enforce US laws on a foreigner who isn't in the US, for actions taken outside the US and which were not illegal in the country the person resides in? I'd legitimately like to know what sort of legal argument is used to justify this, because it sounds like a massive overreach by the United States. Regardless, arresting the CFO of a major corporation - the daughter of the CEO - in such a manner is an extremely aggressive act.
Re:Huawei reviewing FedEx relationship, says packages 'diver...
by threezero on Tuesday May 28, 2019 @12:55AM
(#20027311)
The US has a reciprocal agreement with Canada. These agreements are the basis for jurisdiction.
Re:Huawei reviewing FedEx relationship, says packages 'diver...
by Scoundreller on Tuesday May 28, 2019 @03:22AM
(#20027957)
I always wonder how mutual these agreements are. Probably more like “Sign this agreement or else”.
Re:Huawei reviewing FedEx relationship, says packages 'diver...
by DiogenesKynikos on Tuesday May 28, 2019 @11:15AM
(#20030953)
I'm not just asking why Canada is handing over the Huawei CFO. I'm asking how the US has jurisdiction to even prosecute the supposed underlying crime. The connection of any of her actions to the United States is extremely tenuous and indirect. They occurred outside the United States, were legal in the country where they occurred, she doesn't work for an American company, she's not an American, and she wasn't even dealing with an American company. Just imagine what it would be like if every country began applying its domestic law extraterritorially in such an aggressive manner.
You can start to see how far-reaching American sanctions are. A British bank is being told that it cannot do business with a Chinese company, because that Chinese company allegedly controls a Hong Kong company that imported small numbers of American goods into Iran. As I understand it, these sorts of extensive secondary sanctions are not normal, and are a sore point between the US and many countries, including some of its allies (such as France and Germany).
I would be very interested to know what gives the US any jurisdiction to demand the arrest of a foreign executive on foreign territory, for acts committed on foreign territory. Whatever the legal justification, though, this is a very unusual and aggressive step, and one that is transparently motivated by political considerations in the ongoing trade war.