IRELAND: OCCUPIED TERRITORIES BILL

Irish law firm, LK Shields, published an article on 28th August about a Bill before the legislature in Ireland and which would make it an offence to import or sell goods or services originating from an occupied territory.  The Control of Economic Activities (Occupied Territories) Bill 2018 is a private members Bill, so may be less likely to become law, but it has passed 2 of the required 5 stages to date.  Opposed by the Irish Government, the Bill will make it an offence to import or sell goods or services originating from an “occupied territory”. The Bill defines an “occupied territory” as a territory occupied within the meaning of the 4th Geneva Convention.  Currently, contrary to what one might think when listening to world news, only the Israeli settlements in Palestine (Gaza and the West Bank) have been confirmed by the International Court of Justice as falling within the definition.  The Bill would apply to all individuals who are Irish citizens or are ordinarily resident in Ireland, certain incorporated entities as well as unincorporated entities whose centre of control is exercised within Ireland.  One argument against the Bill is that it is incompatible with EU law.  The article says that, given that the Bill purports to have extra-territorial effect, it is also unclear how it might interact with the trading relationships between other states and Israel.  For example, US federal law prohibits US companies from participating in foreign boycotts that are not endorsed by the US Government.

https://www.lkshields.ie/news-insights/publication/occupied-territories-bill

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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