Economic Sanctions-When U.S. Parent Companies Become Liable for the Actions of Foreign Subsidiaries: Lessons From the Chiquita Settlement
Business Law Brief - Nbr. IV-1, October 2007
John J. Burke,Michael S. Snarr - Partner in the Washington, DC office of Baker Hostetler LLP,DC office of Baker Hostetler LLP
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Transactions of Foreign Subsidiaries Can Create Liability for a U.S. Parent Company. A Good Compliance Policy Requires Monitoring of Existing Relationships, Not Just Screening of New Relationships.
Lessons on How Not to Handle a Possible Violation. ConclusionEconomic Sanctions-When U.S. Parent Companies Become Liable for the Actions of Foreign Subsidiaries: Lessons From the Chiquita Settlement
John J. Burke,is a partner in the Washington, DC office of Baker Hostetler LLP (www.bakerlaw.com). His practice is focused on international trade regulation, including trade remedies litigation, sanctions policy and export controls.
Michael S. Snarr, is an associate in the Washington, DC office of Baker Hostetler LLP. His practice focuses on the litigation of international trade and investment disputes. Chiquita Brands International, Inc. ("Chiquita") agreed in March to pay a criminal fine of $25 million for protection payments made by its Colombian subsidiary to Autodefensas Unidas de Colombia ("AUC"), a right wing paramilitary organization in Colombia that the U.S. Government has designated as a Foreign Terrorist Organization and as a Specially-Designated Global Terrorist.1 The U.S. Government's success in penalizing Chiquita, gives it a power...
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