[Ws2-jurisdiction] OFAC Rec.s

[Nigel Roberts]

As my tutor (a High Court judge) said "always give authority", so

the answer is Section 9(1)(b)

> s9.
>
> 1. Race includes—
>
> (a)colour;
>
> (b)nationality;
>
> (c)ethnic or national origins.



I know that a non-UK registrar, is obviously, governed not by UK law 
(unless by agreement), and that different anti-discrimination approaches 
draw the boundaries slightly differently.

But basically, in the UK, you can't make decisions on the basis of 
someone's nationality, unless it's laid down in law that you must (e.g. 
immigration rules).

See also 
https://www.citizensadvice.org.uk/law-and-courts/discrimination/protected-characteristics/gypsies-and-travellers-race-discrimination/

(I'm actually always been shocked at the apparently legal discrimination 
that exists in the US between citizens and non-citizens outside of the 
likes of immigration and working for the government in a national 
security role.)



On 20/09/17 18:39, Greg Shatan wrote:
> Nigel,
>
> Resello's agreement is governed by the law of the Netherlands.  I have
> no idea whether Resello is violating Dutch law with this policy (and I
> continue to have no idea whether there is a legal reason for this
> policy, either...).
>
> With regard to the UK law, out of curiosity, can you point me to where
> it says citizenship is a protected characteristic?
>
> Under US anti-discrimination laws, there are quite a number of protected
> classes (including race), but I don't believe citizenship is one of
> them.  Always happy to learn more, though.
>
> Greg
>
> On Wed, Sep 20, 2017 at 1:28 PM, Nigel Roberts <nigel at channelisles.net
> <mailto:nigel at channelisles.net>> wrote:
>
>
>
>     On 20/09/17 18:19, Greg Shatan wrote:
>
>         Can you please guide me to the section of the RAA that would prevent
>         such a business decision (i.e., a registrar deciding not to do
>         business
>         with citizens of a given country (whether it is Canada, Haiti,
>         Iran or
>         otherwise)?
>
>
>     In the United Kingdom, never mind the RAA, this would be quite
>     illegal (see s.13, prohibited conduct) unless such treatment is
>     required by law (e.g.  required by legally binding sanctions).
>
>     How can anyone in the 21st century believe that any "business
>     decision" doctrine could allow making decisions on the basis of
>     race/citizenship (or any other protected characteristic) is quite
>     alien over here and incomprehensible.
>
>     http://www.legislation.gov.uk/ukpga/2010/15
>     <http://www.legislation.gov.uk/ukpga/2010/15>
>
>
>
>
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