Note: the enclosed disk contained this document for electronic circulation to Directors, and also downloaded copies of the indicated Web pages.

8 February 2006

Subject: Palestine Solidarity Movement conference may violate anti-boycott laws

The Palestine Solidarity Movement (PSM), also known as the International Solidarity Movement (ISM), has scheduled its annual divest-from-Israel conference to be held at Georgetown on February 17-19. This letter's purpose is to inform Georgetown's Board of Directors that the PSM may be planning to use Georgetown's facilities to conspire to violate the laws of the United States, specifically laws against organized boycotts of countries friendly to the United States. I am not an attorney and none of the following constitutes legal advice or a legal opinion but Georgetown was previously advised to have its legal team look at the PSM's planned activities to make its own determination in this matter.

EXECUTIVE SUMMARY

(1) The Palestine Solidarity Movement is orchestrating a boycott of Israel
(2) The PSM's activities may violate Federal antiboycott laws
(3) Georgetown's administration has been informed of the PSM's planned activities

CONTENTS

The Palestine Solidarity Movement is orchestrating a boycott of Israel 1
PSM may be coordinating its activities with foreign governments 1
The PSM's activities may violate Federal antiboycott laws 2
Boycott Watch position statement 2
Boycott Watch Letter to Office of Antiboycott Compliance 2
U.S. Office of Antiboycott Compliance 3
Georgetown's administration has been informed of this 4
E mail to Georgetown Administration, 21 January 2006 4
Zionist Organization of America warns GU on PSM Conference 5

The Palestine Solidarity Movement is orchestrating a boycott of Israel
Although the Palestine Solidarity Movement is calling the conference a "divestment" conference, it is also advocating a boycott of Israeli products and also an academic boycott of Israel. This conduct, if performed in cooperation with a foreign government, appears to violate Federal antiboycott laws. If so, PSM may use Georgetown University resources (meeting rooms) to conspire to violate the laws of the United States.

PSM says openly that its agenda includes a boycott and not just divestment
http://www.palestinesolidaritymovement.org/pressrelease.htm (on enclosed disk as pressrelease.htm)

"The PSM is the largest North American coalition of students, professionals, as well as religious and community groups advocating the implementation of boycott and divestment strategies in order to peacefully oppose Israeli human rights violations of the Palestinian people."

http://www.palestinesolidaritymovement.org/news.htm (on enclosed disk as news.htm)

Norway municipality launches boycott of Israel - Norway's Finance Minister Kristin Halvorsen is backing a planned consumer boycott of Israeli goods, contradicting the coalition government's policy. Last month, the municipality of Soer-Trondelag in central Norway launched a boycott of Israeli goods and services.
The Green Party of the United States (GPUS) publicly calls for divestment from and boycott of the State of Israel until such time as the full individual and collective rights of the Palestinian people are realized. The party calls on all civil society institutions and organizations and on governments around the world to implement a comprehensive divestment and boycott program.
Palestinian Civil Society calls for boycott, divestment and sanctions against Israel - 7/9/05
Over 170 Palestinian organizations release this statement calling upon international civil society organizations and people of conscious all over the world to impose broad boycotts and implement divestment initiatives against Israel until it complies with international law and universal principles of human rights.

PSM may be coordinating its activities with foreign governments
The latter item ("Palestinian Civil Society calls for boycott…) links to http://www.badil.org/Boycott-Statement.htm (on disk as Boycott-Statement.htm) and shows a possible connection to Palestinian governmental agencies, thus showing potential evidence of cooperation with a foreign government in a boycott of Israel.

Endorsed by:

The Palestinian political parties, unions, associations, coalitions and organizations below represent the three integral parts of the people of Palestine: Palestinian refugees, Palestinians under occupation and Palestinian citizens of Israel.

UNIONS, ASSOCIATIONS, CAMPAIGNS
1. Council of National and Islamic Forces in Palestine (coordinating body for the major political parties in the Occupied Palestinian Territory)

The list also includes the 501(c)(3) tax-exempt Al Awda - Palestine Right-to-Return Coalition, U.S.A.

The PSM's activities may violate Federal antiboycott laws
Boycott Watch position statement

"Boycott Watch is now advising all colleges and universities that divest-from-Israel campaigns on their campuses may be in violation of the U.S. antiboycott law." "Boycott Watch is a leading consumer watchdog organization and is committed to combating illegal boycotts of Israel in the United States," said Fred Taub, president of Boycott Watch. Taub attended a divestment conference at Ohio State University in 2003,* and says that there was no question that organizers were advocating an illegal boycott of Israel, including divestment and direct boycott of Israeli goods. "The organizers even went as far as advocating boycotts against U.S. companies that do business with Israel, and some boycotters are creating a 'safe list' of companies to purchase from that don't do business with Israel. Asking companies to comply with that list or to furnish information in support of the list is illegal. The Arab boycott of Israel is being promoted in the U.S. and we will continue to lead the fight against it."

Boycott Watch Letter to Office of Antiboycott Compliance
http://www.boycottwatch.org/abi/BIS2003-10/BIS-Letter-10-03.PDF (included on disk).

Most of the groups or organizations that promote a boycott against Israel are connected to one another. The websites of the United States-based organizations link to other divestment websites, and to websites calling for a general or larger boycott of Israel. A table of such websites is set forth in Appendix A to this letter. Divestment advocates have spread their boycott campaign activities to college campuses across the country. They have even engaged in activities to encourage local and state governmental agencies to participate in the divestment campaign. A list of municipal targets encouraged to participate in the divestment campaign is set forth in Appendix B.
Boycott Watch’s research has disclosed Internet websites that act as clearinghouses for contact information between various groups; these websites are set forth in Appendix A. The divestment effort in this country is thus an organized, collaborative campaign to promote boycotting Israel; it is not random activity with groups acting individually and in isolation. This is significant because these groups are acting in the interstate commerce of the United States and refusing to do business with or in Israel, within the meaning of Section 760.2 (a) (1) of the BIS regulations.
There is substantial evidence that links this organized boycott activity to a foreign boycott against Israel, unsanctioned by our government.

Note that some of the Web sites in the appendix use university names like columbiadivest.org and dukedivest.org, thus associating the university's name with potentially-illegal boycott activities. Hopefully Georgetown's Students for Justice in Palestine or other Palestine Solidarity Movement entities will not see fit to associate Georgetown University's name with something like georgetowndivest.org and that, if they do, Georgetown will take action against them.

U.S. Office of Antiboycott Compliance
(Excerpts appear below)

Objectives:
The antiboycott laws were adopted to encourage, and in specified cases, require U.S. firms to refuse to participate in foreign boycotts that the United States does not sanction. They have the effect of preventing U.S. firms from being used to implement foreign policies of other nations which run counter to U.S. policy.
Primary Impact:
The Arab League boycott of Israel is the principal foreign economic boycott that U.S. companies must be concerned with today. The antiboycott laws, however, apply to all boycotts imposed by foreign countries that are unsanctioned by the United States.

...What do the Laws Prohibit?
Conduct that may be penalized under the TRA and/or prohibited under the EAR includes:
* Agreements to refuse or actual refusal to do business with or in Israel or with blacklisted companies.
* Agreements to discriminate or actual discrimination against other persons based on race, religion, sex, national origin or nationality.
* Agreements to furnish or actual furnishing of information about business relationships with or in Israel or with blacklisted companies.
* Agreements to furnish or actual furnishing of information about the race, religion, sex, or national origin of another person.

Georgetown's administration has been informed of this
E mail to Georgetown Administration, 21 January 2006

To: Georgetown University administration
Subject: Palestine Solidarity Movement's BOYCOTT of Israel and U.S.
anti-boycott laws.

I am not an attorney but perhaps Georgetown should have its legal team
look at the following to make sure the Palestine Solidarity Movement
does not plan to use Georgetown University resources (conference
facilities and so on) to conspire to violate U.S. anti-boycott laws.

As shown by information from the organization's own Web pages, the group is supporting a boycott of Israel. As I understand the anti-boycott law (again, not legal advice), this is illegal if done in cooperation with a foreign government. The ISM/PSM are "Palestinian-controlled" so, if this refers to the Palestinian Authority or related entities, it may in fact be in cooperation with a foreign government.

Note the use of the word "BOYCOTT" as opposed to just "divestment" in
the following items.

http://www.palestinesolidaritymovement.org/pressrelease.htm

"The event will be hosted by Georgetown University’s Students for
Justice in Palestine (GU-SJP) on behalf of PSM, a coalition of North
American organizations dedicated to implementing divestment and boycott strategies as a component of human rights activism in order to realize both equality and justice for all people residing within Israel/Palestine."

http://www.palestinesolidaritymovement.org/news.htm links to pages with descriptions like

"Norway municipality launches boycott of Israel - Norway's Finance
Minister Kristin Halvorsen is backing a planned consumer boycott of
Israeli goods, contradicting the coalition government's policy. Last
month, the municipality of Soer-Trondelag in central Norway launched a
boycott of Israeli goods and services."

"The Green Party of the United States (GPUS) publicly calls for
divestment from and boycott of the State of Israel until such time as
the full individual and collective rights of the Palestinian people are
realized. The party calls on all civil society institutions and
organizations and on governments around the world to implement a
comprehensive divestment and boycott program."

"Palestinian Civil Society calls for boycott, divestment and sanctions
against Israel - 7/9/05
Over 170 Palestinian organizations release this statement calling upon
international civil society organizations and people of conscious all
over the world to impose broad boycotts and implement divestment
initiatives against Israel until it complies with international law and
universal principles of human rights."

In fact, the latter does show a potential connection to Palestinian
governmental authorities: http://www.badil.org/Boycott-Statement.htm
"Council of National and Islamic Forces in Palestine (coordinating body
for the major political parties in the Occupied Palestinian Territory)"

ANTI-BOYCOTT LAW RESOURCES

U.S. Department of Commerce
BIS/Office of Antiboycott Compliance

http://www.boycottwatch.org/abi/divest001.htm

"Boycott Watch is now advising all colleges and universities that
divest-from-Israel campaigns on their campuses may be in violation of
the U.S. antiboycott law."

"Boycott Watch is a leading consumer watchdog organization and is
committed to combating illegal boycotts of Israel in the United States," said Fred Taub, president of Boycott Watch. Taub attended a divestment conference at Ohio State University in 2003, and says that there was no question that organizers were advocating an illegal boycott of Israel, including divestment and direct boycott of Israeli goods. "The organizers even went as far as advocating boycotts against U.S. companies that do business with Israel, and some boycotters are creating a 'safe list' of companies to purchase from that don't do business with Israel. Asking companies to comply with that list or to furnish information in support of the list is illegal. The Arab boycott of Israel is being promoted in the U.S. and we will continue to lead the fight against it."

Regards,

Bill Levinson
[phone number provided]

Zionist Organization of America warns GU on PSM Conference

The Zionist Organization of America (ZOA) and its Center for Law and Justice (CLJ) have called on Georgetown University to reconsider its decision to host the Fifth National Conference of the Palestine Solidarity Movement on February 17-19, 2006. This annual conference – which took place in prior years at other college campuses across the country – furnishes false and hateful information about Israel, and focuses on creating an effective divestment and boycott campaign against Israel to harm it economically.

…In a detailed letter to the president of Georgetown, ZOA National President Morton A. Klein and CLJ Director Susan Tuchman described the hateful nature of the four previous PSM conferences, which almost certainly guarantee that the Georgetown event will be no different. Holding this conference would thus be a direct violation of Georgetown’s own Speech and Expression Policy, which explicitly provides that an event that “promotes hatred . . . would not be allowed to take place on campus.” The ZOA’s letter also points out that the PSM’s divestment and boycott activity against Israel may well be in violation of the federal antiboycott laws, and that Georgetown should not be aiding and abetting that potentially illegal conduct.

According to ZOA National President Morton Klein, “Georgetown’s president recently issued a statement in which he specifically rejected the PSM’s call for divestment from holdings in Israel. We commend his statement, but respectfully say that it is not enough. Georgetown should simply refuse to host this conference that promotes the hatred of Israel and Jews. This is especially important in light of Georgetown’s recent acceptance of a 20 million dollar gift from Saudi prince Alwaleed bin Talal bin Abdulaziz Alsaud, who has helped fund the families of suicide bombers, and has promoted the hatred and murder of Americans, Israelis and Jews. Georgetown must allay the concerns of Jews and supporters of Israel, and show that it is not connected or associated with those who hate and seek to harm Jews and the State of Israel. By hosting the conference, the university will help legitimize a hate-filled organization with a hateful agenda, putting a stain on Georgetown’s fine reputation and tainting the university as a place that is hostile to Israel and Jews.”

CLJ Director Susan Tuchman noted the potential legal ramifications of this conference: “There are federal antiboycott laws that were passed in the 1970’s specifically to address boycotting activities against Israel. By promoting foreign boycott campaigns against Israel and providing information about companies to boycott because of their relationship with Israel, the PSM’s conduct seems to fall squarely within the prohibitions of the law. A prestigious university like Georgetown should completely disassociate itself from this group and its activities.”