Quote:
Originally Posted by BusterPorn
It is not that I am saying you are wrong I am just pointing out how US Law is written. If the funds originated in the US then US Law applies for the transaction regardless of which jurisdiction the company selling the goods/service is located in.
By applying your view I could wire 100k from a US Bank to Columbia to buy coke and have it shipped to France and US Law has no jurisdiction over me. Granted that is not comparing apples to apples but if you want to do business where the funds for the transaction originate in the US you have to abide by US law.
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I hear ya Buster :-)
That is the whole crux of the issue - "jurisdiction" is everything. The legal venue is the only place any laws are of value. Example... ya got a base in.. Iceland. Someone orders from eg Brazil and funds are sent from Brazil to the corp in Iceland. The legal venue is Iceland and not Brazil. There is no point in the person in Brazil relying on Spanish Civil Law to seek redress from a corp in Iceland - the Brazil court system has no (wait for that word again
) jurisdiction.
In the US instance, if that is the law, it's totally unenforceable in the US and the only place where redress can take place is.. eg Iceland.
The drugs transaction is a different scenario for one main reason. Drugs activities are (another term with meaning) "extraditable offenses" and there are mutual cooperation treaties in existance and liason with law officers in the US and France.
One thing worth noting... unless an alleged offense is an offense in both countries - there can not be an "extradictable offense". Common serious crimes like murder, drugs, arms offenses blah are obvious extradictable offenses. Lesser offenses are not. If eg... a US citizen is involved in gaming operations in another country and where this is in violation of US law, but it is not an offense in the jurisdiction of the gaming corp, there is no point in the US attempting to extradict that individual since he falls under the law of the country of the corp jurisdiction - not the US (although he may have violated US law and is gonna have a hard time renewing his passport *s*)
Bottom line.. irrespective of any US law, no corp or individual who operates/resides in another country has any obligation under US law or the laws of any other country. (Excepting obvious cross border criminal activity).