By Azizah al-Hibri*
\nFebruary 22, 2023<\/p>\n
Tens of thousands of people, both in Turkey and Syria lost their lives, families, and\/or homes since February 9 th , in the on-going earthquake of the century.\u00a0\u00a0Food, medicine, clothing, tents, and heavy and smart equipment to save lives under the rubble, were made available relatively quickly by the world community.\u00a0\u00a0However, the view was quite different from those parts of Syria sanctioned by our government under the Caesar Syrian\u00a0Civilian Protection\u00a0Act (Caesar Act), among other laws.
\nOn that dark side of the moon, workers were digging with their bare hands to save someone here or there whose moan they may have heard under the rubble.\u00a0\u00a0Those in mass kitchens trying to feed the surviving victims struggled to get enough food and bottles of gas to cook it.\u00a0\u00a0No, Syria is not a primitive country.\u00a0\u00a0In the not-too-distant past, its citizens had free medical services and free education.\u00a0\u00a0People from surrounding countries spent weekends in Syria to shop in its reasonably-priced
\nmarkets.\u00a0\u00a0Then, debt-free Syria was self-sufficient with significant major assets including oil and wheat outputs from its own fields.\u00a0\u00a0But it also had serious political problems, and its government was dogged by allegations of human rights violations.\u00a0\u00a0Ultimately, in 2011, armed opposition militias appeared and the country descended into a protracted civil war.<\/p>\n
These conditions resulted in the recent wave of immigration to Europe and the US.\u00a0\u00a0\u00a0Now the Syrians have an earthquake under more severe conditions. In these challenging times, the Syrian government cannot access its oil and wheat to help the victims because our government, using its military power, has appropriated them.\u00a0\u00a0(Did you know that we occupy a large
\npart of Syria? Are we risking another regional war?)\u00a0\u00a0Furthermore, our Caesar Act punishes anyone who dares to export these goods, among others, to Syria.\u00a0\u00a0So, innocent Syrian citizens have been forced to return to the Stone Age.
\nOn February 9, of this year our government took pity on those workers\u2019 primitive conditions and issued General License 23 that permitted transactions related to the earthquake relief efforts in Syria that were otherwise prohibited by the Caesar Act.\u00a0\u00a0Well, yes, but so long as the financial institution involved does not know \u201cor have reason to know\u201d that the fund transfer is not in compliance with paragraph (a) of the license,<\/p>\n
and paragraph (a) refers us to the exceptions in paragraph (b) which refers us to sections in the Syrian Sanctions Regulations.\u00a0 But not to worry, because the State Department press release of February 9 th \u00a0of this year states very clearly that if you are somehow confused by all of this, you only need to contact OFAC (Office of Foreign Assets Control) directly to seek specific licenses or guidance, and you have 180 days for all of this, including the reconstruction of this destroyed part of Syria.
\nOh well, there dies aunt Fatima and her neighbor Antoinette under the rubble, and their children can sleep under a dead tree.\u00a0\u00a0Let us give the two a quick funeral while we wait for legal determinations, and the banks\u2019 good will to make risky transfers or jump through hoops.
\nFortunately, OFAC realized the shortcomings of GL23, so it issued on February 21 its \u201cGuidance on Authorized Transactions Related to Earthquakes Relief Efforts in Syria.\u201d\u00a0\u00a0This is a multipage document utilizing a Q&A approach which is much easier to read. It is supposed to clarify many of our GL23 concerns.\u00a0\u00a0I read it quickly, but as a retired law professor, I could not help but admire this document.\u00a0\u00a0It succeeded in making everything look so\u00a0simple, that is, unless you notice the
\nexceptions and references to other laws and regulations sprinkled throughout.\u00a0\u00a0If you happen to be an average U.S. citizen who wants to help but cannot follow all the exceptions and referrals, you can contact BIS (Bureau of Industry and Security) by email or call OFAC on some of these issues but not necessarily all.\u00a0\u00a0If you want to be really careful, hire a lawyer.\u00a0\u00a0Lawyers would love to help you figure things out. The US government has surrounded all its long-arm sanctions against the Syrian people living within areas controlled by the Syrian government that it does not like, with what appears to be oodles of human rights exceptions and proclamations.\u00a0\u00a0Today, however, the effect of these sanctions is sadly too clear.\u00a0\u00a0Thousands of fatalities under the rubble on the dark side of the moon could have been avoided had equipment arrived quickly.\u00a0\u00a0Even today, all these humanitarian exceptions are limited mostly to short term support such as the transfer of money and the export of medicine, food, temporary shelter, health services, drought relief, search and rescue operations, temporary shelters (but not
\npermanent housing).
\nIn a country in which thousands of buildings collapsed within seconds into dust, the Syrian minister of Public Works announced a few days ago that he is working on preparing 300 pre-fab residential units within a month (really?).\u00a0\u00a0\u00a0Isn\u2019t this a great time for our government to show its humanitarian bent, and step in to permit, even accelerate, the building of
\npermanent homes for the people in disaster areas anywhere in Syria?\u00a0\u00a0As of now, the regulations appear to permit only repairing<\/p>\n
hospitals and rebuilding museums.\u00a0\u00a0Oh, and democracy building of course! I am sure this is the perfect time for our NGO\u2019s to be engaging in democracy building with those sanctioned Syrian people who are sleeping in the open air.
\nNo wonder then that 550 charitable organizations in Damascus and its surrounding rural areas issued a call to the international community to end its unilateral sanctions against Syria.\u00a0\u00a0Is anyone listening to this human tragedy?\u00a0\u00a0These suffering people are not much different from the victims to the north who are getting the overwhelming bulk of donations
\nand support.\u00a0\u00a0In fact, many of the two groups are relatives.\u00a0\u00a0Indeed, this is a family feud gone bad.\u00a0\u00a0Why are we taking sides?\u00a0\u00a0Why do we keep layering our interventions in that part of the world?\u00a0\u00a0May be gaining the good will of the people there is less costly.
\nWe, proud Arab Americans who actually believe in our American constitution, and in our valuable contributions to this country, wonder what is left of the claim of our government as the champion of human rights. Notice, I said \u201cour government,\u201d not \u201cthis country,\u201d because the American people have always demonstrated their innate\u00a0goodness,
\nwhen they were properly informed.\u00a0\u00a0We need a government that looks like our people and reflects our national values, not a government that runs to lawyers to wrap obstacles around every potential humanitarian gesture.
\nPresident Biden, it is time to lift all these obstacles.\u00a0\u00a0No need to risk another immigration wave or a regional war.\u00a0\u00a0Our hands are full already.\u00a0\u00a0Let your heart go out this time for those \u201cOther\u201d human beings.\u00a0\u00a0These \u201cOther\u201d Syrians have mothers and babies too.\u00a0\u00a0Please repeal Syrian sanctions immediately.\u00a0\u00a0Save a life today, and let\u2019s talk politics tomorrow.
\n—————–
\n*\u00a0Law professor emerita and former USCRF commissioner.<\/p>\n","protected":false},"excerpt":{"rendered":"
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