UPDATE 21- Zakka Family Thanks Congress For Their Efforts

Statement on the Continued Unlawful Detention of

Internet Freedom Advocate Nizar Zakka

Earlier today, the House Foreign Affairs Committee convened to markup H.R. 4744 – Iran Human Rights and Hostage-Taking Accountability Act, which was passed by the Committee and now goes to the House Floor for a vote. The measure, if passed by the House, would impose additional sanctions with respect to serious human rights abuses of the Government of Iran, and on Iranian officials involved in hostage-taking of U.S. citizens and U.S. Legal Permanent Residents.

 

 

On behalf of Mr. Nizar Zakka and his family, Mr. Zakka’s lawyer in the United States, Mr. Jason Poblete, issued the following statement: 

“Nizar and his family thank members of the Congress, especially Congressmen McCaul, Deutch, Royce, and Engel, the original cosponsors of the bill, for sending a clear message to the Iranian regime that hostage-taking of U.S. citizens and U.S. Legal Permanent Residents will not go unanswered. Mr. Zakka hopes this action, and the many other efforts by President Trump and his national security team will lead to Nizar’s unconditional release as well as the unconditional release of all unlawfully detained persons in Iran.”

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Mr. Zakka traveled to Iran in September 2015, at the invitation of Iran’s Vice President for Women and Family Affairs Shahindokht Molaverdi, to speak at a conference on the use of technology and the Internet to promote social, economic, and educational development in the region. After the meeting, en route to the airport, Mr. Zakka was taken by persons believed to be associated with the IRGC’s Basij or the intelligence services. Nizar was unlawfully detained on September 18, 2015, the day before the U.S. Congress voted on the JCPOA political agreement between the United States and Iran.

Nizar has been falsely accused of espionage. In a March 2018 statement to the United Nations, Iranian officials, again, falsely accused Nizar of being involved in a “plot for overthrowing the government of the Islamic Republic of Iran.” Despite the pressures, including psychological and physical torture, as well as several hunger strikes, Nizar has maintained his innocence and has refused to sign forced confessions.

The Iranian government has sent mixed signals about Nizar’s case including a statement by Iranian Foreign Minister Javad Zarif on November 7, 2016 that “[w]hat happened with Mr. Zakka is not a problem between Iran and Lebanon, seeing as the problem was the violation of the applicable laws in Iran by a foreigner, and the problem is actually between the United States and Iran.”  

Last year the US Congress approved two Congressional Resolutions urging, among other things, that President Donald Trump make the “release of United States citizens and legal permanent resident aliens held hostage by the Government of Iran the highest of priorities … and that the United States and its allies whose nationals have been detained consider establishing a multinational task force to secure the release of the detainees.”

 

 


Prior Statements and Releases 

NBC News: New Head of US Embassy in Cuba Faces Critical Road Ahead

The newly selected Chargé d’Affaires for the US Embassy in Cuba, Mr. Philip Goldberg, officially began work at his diplomatic post in Havana on Saturday. The change in representation at the US Embassy in Havana comes during a major transition in Cuban history as their government is set to take on new leadership in the coming months. Not only will the governmental authority change, but the United States has recently announced the development of an Internet Task Force, which the Cuban Government has strongly protested.

According to the State Department, the Cuba Internet Task Force will “examine technological challenges and opportunities for expanding Internet access in Cuba with the goal of helping the Cuban people enjoy the free and unregulated flow of information.”

In an article by Carmen Sesin at NBC News, PobleteTamargo’s Jason Poblete explains that this new Task Force is just a “continuation of a long existing policy of improving telecommunications, a process that started in 1992.”

He goes on to state that, “We don’t want Great Firewall of China tactics to block access in Cuba,” referring to China’s measures to regulate internet and block access to selected foreign websites.

The article by NBC News that looks at the challenges facing Mr. Goldberg can be read in full here.

WHAT TO LOOK FOR IN 2018: Part 1

There are several developments to keep an eye on in terms of future market potential, from the increase in unlikely trading partners to the continued development of individual countries seeking to present a more appealing market. The one impediment, however, that has the potential to diminish this optimistic outlook is the continued decline of Venezuela’s economy. Nonetheless, the economic impact by the increased trade will be positive for U.S. businesses that are interested in expanding their goods and/or services to the region. 

1. MORE TRADE FROM THE PACIFIC:

President Trump’s decision to withdraw from the Trans-Pacific Partnership in January 2017, gave many nations the impression that the United States fully intends to reassess traditional economic alliances and agreements. Renegotiation of international trade agreements has been one of President Trump’s priorities as he sets out to recast America’s role in the global economy and seek out arrangements more agreeable to the American people.[i] As the U.S. is reexamining such agreements, however, it will continue to leave an opening in the global trade arena for others to take hold of influence and leadership. These changes have left many with the perceived idea that the United States has become a “patsy on economic trade,“ and has alarmed many of America’s trading partners. This rhetoric, plus the proposal for increased tariffs, have also left many in the global community doubting the United States’ presence as an international trading partner. This apparent shift in trade policy has formed a professed void for a strong leader in international trade, resulting in an increased interest between Latin America and the Pacific region in developing more substantial trade relations.

An example of this increased interest comes from two unlikely countries-Australia and New Zealand. Australia’s Foreign Minister Julie Bishop visited Colombia, Argentina, Panama, and Cuba in 2017. The Australian media described her trip as “historic,” noting the rarity of Australia’s foreign ministers going to Latin America.[ii] During an annual Australia-Latin America Business Council dinner shortly after her visit, Ms. Bishop discussed the many opportunities for Australia in terms of trade, stressing that, as “Australia has been an enormous beneficiary of the global trading system,” and should continue to expand on those advantages.[iii]

Additionally, New Zealand has been exploring the possibility of more trade with the aforementioned countries as part of a free trade agreement with the Pacific Alliance.[iv] The Pacific Alliance is a regional trading group comprised of Mexico, Colombia, Chile, and Peru with the purpose of developing trade between alliance members and Asia. As New Zealand’s Ministry of Affairs explained, the Pacific Alliance bloc alone represents the sixth-largest economy in the world. New Zealand’s goal is to reach a free trade agreement between them and the Pacific Alliance in order to expand New Zealand’s goods into a developing market-Latin America. The fact that Australia and New Zealand are looking towards Latin America as available trading partners serves as an indication of how the Asia-Pacific rim, beyond China and Japan, are capitalizing on creating new economic alliances.

2. ARGENTINA’S ECONOMY WILL BE THE “IT” ECONOMY IN LATIN AMERICA FOR 2018:

Another South American country whose economy has continued to improve in recent years is Argentina, a country worth keeping an eye on as their growth continues. Attracting foreign investment to invigorate the economy was a part of Argentine President Mauricio Macri’s agenda when he was elected in 2015. Part of Macri’s plan was the overhaul of the country’s complex and burdensome tax code, which was completed in December 2017. The revised tax code and Macri’s business-friendly reforms in 2016 have created a more amenable environment for foreign investors who have begun looking at Argentina for future business opportunities.

Cesar Litvin, CEO of Lisicki, Litvin & Asociados, a tax advisory service in Buenos Aires, explains that prior to reforming Argentina’s tax code,“[the] foreign investment [in Argentina] … has [been] shied away …with one of the heaviest tax burdens in Latin America.”[v] Argentina is expected to bring in billions from projects and foreign investment as a result of these changes in diplomacy. Unlikely trading partners have already started developing plans for various investment opportunities, such as Japan, who has not held a bilateral meeting with Argentina in decades. The two countries reunited at a meeting after Macri’s changes took hold. Argentina’s head of Investment and Trade Promotion Agency, Juan Procaccini, said in an interview last year that “strong Japanese companies [were] looking to invest in Argentina for probably the first time ever.”[vi] One can expect that Argentina intends to build upon these advances and become an active participant in international trade issues as the 21st largest economy in the world.

3. MORE CHAOS IN VENEZUELA:

The commercial optimism of the Pacific Alliance countries is in stark contrast to Venezuela, whose economy is expected to diminish further compared to its neighbor, Colombia, who has also become an attractive country for foreign investment.[vii] The political instability within Venezuela will most likely continue to go unresolved based on the Maduro Government’s unwillingness to negotiate with those in opposition to his attempts at circumventing the Venezuelan Constitution following his loss of the majority in the 2016 National Assembly election.[viii] Additionally, the Maduro government has been accused of election fraud on several occasions, most recently in July 2017 and October 2017.[ix]

The Trump Administration, in August 2017, issued Executive Order 13808, providing sanctions against Petroleros de Venezuela, SA (PdVSA), Venezuela’s government-controlled petroleum company, in response to the political crisis.[x] The impact of this instability has thus far increased migration from Venezuela to other countries in Latin America. It can be expected that the increase in migration from Venezuela to neighboring countries will continue should the volatility persist. How these surrounding countries handle increases in population will depend on several factors, one of which is the strength of their economy. Those countries with stable and healthy economic platforms are more readily able to absorb migration in high volumes. On the other hand, anemic or unstable economies will continue to digress when the economic maladies are magnified.

CONCLUSION:

2018 has the potential to be a great year for Latin America in terms of trade. Australia and New Zealand’s increased desire to promote their products in South America indicates that countries in the Asia-Pacific region are looking at opportunities in South America in a new light. Argentina’s continued economic reforms by President Macri also signal not only to South America but the rest of the world, that Argentina’s intends to become a proactive participant in the global economy. A stronger Latin America will also have a bearing on the United States, who could benefit as well, whether it is from increased tourism to more opportunities to expand goods and services provided in Latin America.

A significant obstacle to this outlook is the continued digression of the situation in Venezuela. The pending exodus of Venezuelans into the rest of Latin America will serve as a stress test to neighboring economies, especially those who directly share a border with Venezuela. 

For those that are interested in expanding into Latin America, this is a good time to bolster plans for providing goods and/or services in new markets. Part of that planning should include becoming familiar with not only the political and economic landscape but also the legal and tax implications associated with foreign ventures.

The Law and Public Policy office of PobleteTamargo is dedicated to providing political intelligence not only to individuals but companies that are looking to invest in the Latin America region and other parts of the globe. Our attorneys have experience in developing policy on the governmental level. To learn more about our firm, office locations and specialties visit www.pobletetamargo.com 

 


[i] “Presidential Memorandum Regarding Withdrawal of the United States from the Trans-Pacific Partnership Negotiations and Agreement.” The White House, The United States Government, 23 Jan. 2017, www.whitehouse.gov/presidential-actions/presidential-memorandum-regarding-withdrawal-united-states-trans-pacific-partnership-negotiations-agreement/.

[ii] News, SBS. “Bishop Leaves for Historic Americas Visit.” SBS News, SBS News, 24 June 2017, www.sbs.com.au/news/bishop-leaves-for-historic-americas-visit.

[iii] “Australia-Latin America Business Council Annual Dinner.” Department of Foreign Affairs and Trade, Minister of Foreign Affairs, 4 Dec. 2017, https://foreignminister.gov.au/speeches/Pages/2017/jb_sp_171130.aspx

[iv] New Zealand Ministry of Foreign Affairs and Trade. “New Zealand-Pacific Alliance FTA.” New Zealand Ministry of Foreign Affairs and Trade, www.mfat.govt.nz/en/trade/free-trade-agreements/agreements-under-negotiation/pacificalliance/.

[v] Devereux, Charlie. “Congress Passes Overhaul of Argentina’s Inefficient Tax System.” Bloomberg Quint, 26 Dec. 2017, 7:47 PM, www.bloombergquint.com/business/2017/12/27/congress-passes-overhaul-of-argentina-s-inefficient-tax-system.

[vi] Cohen;, Luc. “Argentina Expects $14 Billion in Investment on ‘Fruits’ of Reforms.” Reuters, Thomson Reuters, 11 Apr. 2017, www.reuters.com/article/us-argentina-investment/argentina-expects-14-billion-in-investment-on-fruits-of-reforms-idUSKBN17D2SU.

[vii] Laya, Patricia, and Catarina Saraiva. “IMF Says Venezuela’s Inflation Rate May Rise Beyond 2,300% in 2018.” Bloomberg.com, Bloomberg, 10 Oct. 2017, www.bloomberg.com/news/articles/2017-10-10/imf-sees-venezuelan-inflation-rate-rising-beyond-2-300-in-2018.

[viii] Felter, Claire, and Rocio Cara Labrador. “Venezuela Is in the Midst of an Unprecedented Crisis.” Council on Foreign Relations, Council on Foreign Relations, 12 Dec. 2017, www.cfr.org/backgrounder/venezuela-crisis.

[ix] McCleary, Kelly. “Venezuelan Opposition Denounces Results of First Major Vote since Violent Election.” CNN, Cable News Network, 16 Oct. 2017, www.cnn.com/2017/10/15/americas/venezuela-governorships-election/index.html.

[x] “Presidential Executive Order on Imposing Sanctions with Respect to the Situation in Venezuela.” The White House, The United States Government, 25 Aug. 2017, www.whitehouse.gov/presidential-actions/presidential-executive-order-imposing-sanctions-respect-situation-venezuela/.

UPDATE 20- Zakka Family Statement on Continued Unlawful Detention

The following statement was issued on behalf of Mr. Nizar Zakka’s family by Mr. Zakka’s lawyer in the United States, Mr. Jason Poblete:

“Mr. Javad Zarif you have said that what happened with Nizar is “not a problem between Iran and Lebanon…and the problem is actually between the United States and Iran.” What does this mean Mr. Zarif? While your government and the Americans discuss the “problem,” Nizar remains seriously ill in Evin Prison.

“For more than 800 days Nizar has been subjected to physical and mental torture at Evin Prison. For weeks, Nizar and his family have asked for a doctor to diagnose and treat various health ailments, including cancer. Among other symptoms, Nizar is unable to keep down solid food. Now he cannot move one of his legs. For some inexplicable reason, his captors refuse to provide necessary medical care.

“The Zakka family pleads with anyone in a position to provide assistance, to ask the Iranian government to do the right thing. Get Nizar medical help, but please allow Nizar to be reunited with his family.”

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Iran is a party to the International Convention Against the Taking of Hostages; In a letter dated October 25, 2017, to U.N. Secretary General Guterres, we outlined the obligations of the United Nations and urged Secretary General Guterres to personally intercede to help Nizar and others unjustly detained in Iran.

 

Mr. Zakka traveled to Iran in September 2015, at the invitation of Iran’s Vice President for Women and Family Affairs Shahindokht Molaverdi, to speak at a conference on the use of technology and the Internet to promote social, economic, and educational development in the region. After the conference, en route to the airport, Mr. Zakka was taken by persons believed to be associated with the IRGC’s Basij or the intelligence services.

Mr. Zakka has been denied the right to review the charges or evidence against him and his lawyers have not been allowed to mount a proper defense. Despite the ordeal, including psychological and physical torture, Nizar has maintained his innocence. 

Prior Statements and Releases

 

The Daily Star: Zakka Takes Case to UN Human Rights Commission

The family of U.S. Legal Permanent Resident and Internet Freedom Advocate Nizar Zakka, who is currently imprisoned in Tehran, have taken Mr. Zakka’s case to the United Nations Human Rights Commission.

The Daily Star, a publication which reports on Lebanese and regional news, published the following article on November 29, discussing these developments.

Zakka Takes Case to UN Human Rights Commission

The Daily Star

November 29, 2017

BEIRUT: Nizar Zakka, a Lebanese national imprisoned in Tehran, has taken his case to the United Nations Human Rights Commission.

According to a statement released by Zakka’s family Wednesday, they filed an objection regarding Iran’s human rights violations to the UNHCHR, which works to promote and protect human rights that are guaranteed under international law.

Zakka was arrested after traveling to Iran to attend a state-sponsored conference in Tehran in 2015. At the time of his arrest, he was the secretary-general of IJMA3, the Arab Information and Communications Technology Organization.

“It baffles us how something like this is permitted to happen, when a country can pick and choose its hostages from anywhere in the world without any consequences,” the family wrote.

The family also blasted the Lebanese government in the statement for “completely ignoring” Zakka’s case “for two years now.”

Despite repeated calls by the United States and Zakka’s family members for Zakka’s release, the Lebanese government has yet to issue an official statement on the matter.

In remarks by Zakka – a permanent resident of the United States – conveyed in the statement, the detainee “asked if the Lebanese state was not ashamed after the U.S. Congress and the U.S. Senate moved in favor of his case while his own country is still refusing to do anything to free him.”

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