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| Background:
Divest-from-Israel Campaigns Violates the Federal Antiboycott
Law |
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| Summary: Campus and other divest-from-Israel
campaigns may violate U.S. law aimed at protecting nations friendly to the U.S.
from unsanctioned foreign boycotts. U.S. businesses need to be protected
against secondary boycotts aimed at them as well. Divestment Watch is leading
the fight against divestment and boycott campaigns against Israel. |
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The Arab boycott of Jewish interests started as
early as 1921, and it is still in effect today under the auspices of the Arab
League and its Central Boycott Office. This boycott includes boycotting not
only products produced in Israel, but also companies that do business in or
with Israel. The boycott even goes as far as blacklisting ships that have
docked in Israeli ports, regardless of the cargo's point of origin or ultimate
destination.
In 1977, Congress passed a law creating the Office of
Antiboycott Compliance within the Department of Commerce, in response to the
Arab boycott of Israel. The law prohibits U.S. persons from taking certain
actions in support of an unsanctioned foreign boycott against a country that is
friendly to the United States. Because Israel is an ally of the United States,
and our government does not sanction the Arab boycott of Israel, the law
prohibits actions that further or support the Arab League boycott of Israel.
Over the past two years, a divest-from-Israel campaign has been gaining
momentum on college campuses across the United States. In July 2003, the ZOA
expressed its concern about the campaign and about an upcoming national student
conference supporting the Arab boycott of Israel. The ZOA urged the Office of
Antiboycott Compliance to investigate these activities as a possible violation
of the antiboycott law.
In November 2003, Boycott Watch sent a letter
to the Office of Antiboycott Compliance, furnishing evidence that the
divest-from-Israel campaign is a direct function of the Palestinian Authority,
which is a member of the Arab League and a signatory to the Arab boycott of
Israel. Last week, Boycott Watch furnished additional information to the Office
of Antiboycott Compliance, about the Palestinian Authority's effort to
establish an economic blockade of Israel in Malaysia. This would effectively
expand the scope of the boycott and the Palestinian Authority's economic
warfare against Israel.
Boycott Watch is now advising all colleges and
universities that divest-from-Israel campaigns on their campuses may be in
violation of the U.S. antiboycott law.
"Boycott Watch is a leading
consumer watchdog organization and is committed to combating illegal boycotts
of Israel in the United States," said Fred Taub, president of Boycott Watch.
Taub attended a divestment conference at Ohio State University in 2003, and
says that there was no question that organizers were advocating an illegal
boycott of Israel, including divestment and direct boycott of Israeli goods.
"The organizers even went as far as advocating boycotts against U.S. companies
that do business with Israel, and some boycotters are creating a 'safe list' of
companies to purchase from that don't do business with Israel. Asking companies
to comply with that list or to furnish information in support of the list is
illegal. The Arab boycott of Israel is being promoted in the U.S. and we will
continue to lead the fight against it."
Susan Tuchman, Director of the
ZOA's Center for Law and Justice, encouraged others to join in this fight and
contact the Office of Antiboycott Compliance to voice their concerns about the
nationwide student divestment campaigns against Israel and urge that they be
shut down. "The campaigns are obviously intended to hurt Israel's economy, but
they also threaten our own country's trade and commerce, and may damage
American companies that do business in or with Israel," according to Tuchman.
The Boycott Watch letters to the Office of Antiboycott Compliance
describing potential violations of the law are available on line at
www.BoycottWatch.org. For further information, consultation or to schedule a
lecture, contact Boycott Watch at 216-765-2273. |
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| Boycott Watch letter of October 2003 |
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| Boycott
Watch Letter |
| Supplement
1: Appendix D |
| Supplement
1: Appendix F |
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| Boycot Watch letter of July 2004 |
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| Boycott
Watch Letter |
| Supplement
1: Appendix A |
| Supplement
1: Appendix B |
| Supplement
1: Appendix C |
| Supplement
1: Appendix D |
| Supplement
1: Appendix E |
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