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Foreign embassy allowing sales of high end jewelry in embassy and enduring such company in violation

Discussion in 'Other Governmental Matters' started by LSH1, Oct 18, 2020.

  1. LSH1

    LSH1 Law Topic Starter New Member

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    Jurisdiction:
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    A foreign african embassy and officials are engaged it is believed in illegal activity at its embassy and in the USA . There are illegal sales inside the embassey of gemstones high end jewelry by a private company ( the largest and politically endorsed ) in its capital city with jewelry store chain there and a unnamed sister company in the USA they do not say where or name . This companies goos sold inside the embassy to the american public by the foreign company. The embassy has written letters on its stationary endorsing this company as well as on its embassy website endorsing the company and sales of its gold jewelry and gem stones .

    This is being done under the AGOA Act which bans unfair trade and unethical trade and sales conduct . Further we believe embassy officials have been bribed . anyone who calls the embassy trade counselor gets reffered to this high end jewelry company solely for rough , cute stones and high end jewelry . The trade counselor of this foreign african embasseyrefuses to give any other trade references . Zambian trade organizations are up in arms about this unfair trade here in USA and the african country

    We believe these goods were smuggled into the african countries embassy officials to avoid legal export and vat taxes in that country via diplomatic pouch and via bribes-kickbacks to embassy officials. Further, it was snuggled under diplomatic pouch or parcel to the foreign africa embassy to avoid USA customs duty on finished high end jewelry . Further we believe no state sales taxes or DC taxes are being paid nor any IRS business taxes by this company or the embassy nor any personal taxes or DC income taxes or federal .

    Where do we go with this for investigation and to what federal agencies and we need an international trade lawyer to sue the embassy, its diplomates and the company for unfair illegal trade. Thank you
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    You need to understand that an embassy is like piece of the foreign country in the U.S. What occurs inside that embassy is treated by the host country (in this case the US) like it was done in the embassy's own country (which from your post I assume is Zambia). As a result, a sale that occurs within the embassy is not subject to US criminal law, nor may the US tax the sale that occurs in that embassy. If there were Zambian VAT or other taxes that had to be paid that are being avoided by use of diplomatic pouch or whatever that is a Zambian legal issue to be dealt with by the Zambian government.

    If the embassy is engaging in activity not permitted by embassies that is an issue for the U.S. State Department. You can make a complaint to the State Department about these sales and it will determine if any action needs to be taken, like kicking out Zambian diplomats or closing the embassy.

    I don't see any viable lawsuit against the embassy in the US. For the most part foreign governments are shielded from lawsuits in US courts by private citizens. Perhaps there is some legal action that can be taken in Zambia though.
     
  3. army judge

    army judge Super Moderator

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    No embassy or consulate in any OTHER country has extraterritorial status.

    The United States is a Party and Signatory to the Vienna Convention on Diplomatic Relations.

    The Convention clearly states that embassies and consulates are not to be considered as a piece of sovereign territory of the sending state.

    So, why the common misunderstanding? The Convention desired to prevent the possibility that states could hold diplomats/embassies hostage. Therefore, embassies and consulates have “inviolable status (immunity).” This means that without permission, local authorities cannot exercise normal rights of investigation, search, entry, or control.

    The law only suspends those rights of the host state provided the sending state observes the laws of the host state. So, the mantra has become that you treat these properties as if they have sovereign status. The grant depends ENTIRELY upon good behavior of the guests.

    There are about 168 Foreign Embassies and 732 Consulates placed in the territory of United States.

    The United States itself in total counts near 163 Embassies and 93 Consulates spread all over the world.


    VERIFY: No, US embassies aren't considered US territory | wusa9.com

    Is an Embassy on Foreign Soil the Sovereign Territory of the Host Country or the Embassy's Country?
     

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