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Offline Nova

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« on: October 07, 2020, 09:35:14 AM »
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Offline The Young Pope

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #1 on: October 07, 2020, 02:19:44 PM »
Ausseministär vu Léiwebuerg
Ministère des Affaires étrangères du Lionbourg
Außenministerium von Löwenburg
Ministero degli Affari Esteri del Leonburgo


To all members of the Ardian Assembly,

The Grand Duchy Lionbourg is officially shocked and appalled by the decision of the First Empire of Rokkenjima to impose such strict sanctions on the Heyran Republic regarding the alleged matter of Heyran support for Tamoran slavery through “economic black holes”, which has demonstrated to be based on nothing but unfounded accusations and hearsays threatening to destroy Ardia’s unity and stable economic foundations. This so-called “evidence” has not been provided or described in detail through a thorough investigation, conducted by respective nations’ law enforcement and judicial networks for instance, which is clearly contradicting the entirety of Section 2 in the AA charter, in addition to breaches of other Sections already laid out by the Heyran Diplomatic Corps.

The Grand Duchy of Lionbourg deems these imposed sanctions to be reckless, irresponsible and unjust due to failure of adhering to proper diplomatic, investigative and judicial protocol, threatening the economic fabric encapsulating many a people, as well as damaging the credibility of the First Empire as a country of great repute and trust. It is our hope that the Rokkenjiman government realises that this is a grievous mistake that ought to be rectified, following the recommendations of the AA if the majority of members are, rightly, in full agreement with the Heyran Republic, a fellow Ardian country whose track record concerning the preservation of human rights is outstanding.



Offline Beatrice

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #2 on: October 07, 2020, 02:55:53 PM »

Re: Heyran Complaint

It is a well known matter of pride that the Heyran economy is one which operates under secrecy, with no outside mechanisms of verification or oversight. It is also established and recognized by the Heyran Republic that the Tamora Imperial Bank, among several other Tamoran businesses, operate subsidiaries established within Elysium. Rokkenjiman law is clear: firms which profit from the suffering of humanity are not granted access to the Rokkenjiman economy. As the Republic states that subsidiaries which incorporate within Heyra are effectively Heyran companies, the Republic thus accepts responsibility for being associated with firms and businesses which are fully involved in the institution of slavery while seeking to aid such firms in evading repercussions for their reprehensible practices.

The matter boils down to a simple principle: one is either opposed to slavery and all that it entails, or they are not. The Heyrans have demonstrated that they maintain an air of secrecy and that they've no issue with Tamoran firms establishing subsidiaries within Heyra for the purposes of evading international action against slavery. The Republic has a choice before it: disavow any association with the institution of slavery, or accept the consequences for supporting such abhorrent abuses of human rights and dignity.

Respectfully yours;


Empress of Rokkenjima
Princess of Arovium

Beatrice Anselmo
Grand Chancellor of the Independent Order
Empress of the First Empire of Rokkenjima

Factbook of the First Empire of Rokkenjima - Kingdom of Clysperis

Online Achkaerin

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #3 on: October 07, 2020, 04:13:47 PM »

The situation we are considering has two distinct factors the Rokkenjiman action and reasoning for it and then the Heyran motion here. Dealing first with the Heyran motion because it is the simpler of the two factors they contend that no prior notice was given and that this violates the most recent resolution of this Assembly, on that point I agree the resolution was clear "1. That in future no sanctions be brought by one member against another before attempts by the Assembly to solve the dispute have taken place or in rare cases of outrage the Assembly is informed before the media." - no resolution or notification was brought so this appears to be a proven point and we would encourage Rokkenjima to recognize this.

Moving to the second issue, that of what prompts Rokkenjima to take this course of action we come again to the matter of slavery in this instance the concern stems from the association between Elysium and Tamora. On this matter I share the concern of Rokkenjima, it is the case that the Tamora Imperial Bank has a subsidiary in Elysium, this is a bank that in the 19th century was associated with the slave trade as perpetuated by the Seleucids, the bank is owned by the Church of Mani, the church of Mani supports slavery this bank is effectively the bank of the Manist faith which itself encourages and advocates for the slave trade and around 30,000 people of the banks workforce are themselves slaves. So we have a clear connection between the TIB and slavery and it also reasonable to assume with that in mind that the bank accounts held at that subsidiary hold money that is in someway connected to the slave trade which leads to the very strong possibility that opening subsidiaries abroad is a move designed to provide safe havens and laundering opportunities for money tainted by the slave trade. 

In addition we would remind the Heyran Government that the Assembly resolution in relation to slavery states "3. Nations of Ardia agree that they shall deny financial or material support to any Tamoran business that does not hold the Freestone Mark." given the association with the slave trade the TIB clearly does not hold the Freestone Mark, yet the subsidiary was opened and has been obscured from scrutiny by the local authorities in Elysium, that act can be easily interpreted as provision of material assistance in which case the Heyran Republic is in breach of an Ardian Assembly resolution.

The matter before the Assembly can be sufficiently resolved if the Heyran Goverment will explain why, given this clear connection with the slave trade, the TIB was permitted to open a subsidiary in Elysium, provide the proof of compliance of that bank with Heyran Law and agree to permit an investigation team to verify it.

Signed

Xiaoling Tsu
Chief Counsellor of Gowu

Offline Beatrice

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #4 on: October 07, 2020, 05:05:51 PM »

Re: Heyran Complaint

Several times now the members of the Assembly have gathered over the issue of Ardian states involving themselves with the institution of slavery. Rokkenjiman law is clear on the matter: entities which do business involving the institution of slavery face repercussions and mechanisms designed to protect Rokkenjiman businesses and firms from any connection with the institution of slavery. While Rokkenjima recognizes the process of the Assembly in regards to sanctions, these restrictions are in-line with existing Rokkenjiman law and are a mandatory measure given the present circumstances.

Naturally, should the Republic approach this matter in an open and independently verifiable manner, and the dealings of the Republic be found compatible with the relevant Rokkenjiman provisions, we would be pleased to revisit this decision. Until such a time, however, Rokkenjiman law mandates that transactions and business involving the institution of slavery must be precluded from the Rokkenjiman economy.

Respectfully yours;


Empress of Rokkenjima
Princess of Arovium

Beatrice Anselmo
Grand Chancellor of the Independent Order
Empress of the First Empire of Rokkenjima

Factbook of the First Empire of Rokkenjima - Kingdom of Clysperis

Offline RobertAgira

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #5 on: October 07, 2020, 08:13:49 PM »

First I must place on record that Bakkermaya believes that Heyra does not permit slavery however its loose regulation of banking and other financial services does allow those who do permit and practice slavery to potentially thrive. We therefore fully understand the stance or Rokkenjima attempting to halt that possibility.

To our view every nation is empowered with the sovereign right to determine for itself its own trade and economic policies. Some choose to do this as independent nations while others do so as part of organisations and blocks. The Ardian Assembly itself includes regulations on trade and commerce and as such we would hope all those who have willingly and freely signed up to the charter to honour it. In our view there is, to the best of our knowledge nothing that Rokkenjima has done that would be "illegal" we however invite Heyra to communicate with us the relevant law that has been broken if they believe one has been.

We also believe that it is the right of any nation to establish rules or regulations on the goods and services permissable in their nation. For example should Rokkenjima instigate rules about the use of steriods in meat production then Bakkermaya would be bound to conform with them if exporting beef for example. It would be the duty of the Bakkermayan exporter to provide evidence to prove to Rokkenjima that the meat being exported was inline with Rokkenjiman standards and rules. In this regard we believe Rokkenjima have the same right to impose a duty on anyone wishing to export goods to Rokkenjima or to conduct financial services to prove they comply with Rokkenjiman rules. If Rokkenjima are of the belief that businesses operating either in or through Elysium are involved in practices that would be outlawed in Rokkenjima, such as slavery, then it would fall on those businesses to comply rather than be the duty of Rokkenjima to prove they are.  Should a nation be engaged in practices deemed by one to be unethical or immoral then naturally they have a right to impose sanctions until whichever conditions are placed are meet.

What does concern us however is that to the best of our knowledge the financial dealings that are of concern to Rokkenjima are carried out by a private and not state bank. We therefore believe placing sanctions on a whole nation is disproportionate assuming our premise about the nature of the businesses in Elysium hold true.

With these matters laid out as best we see them at the moment I would hope both parties would accept the following compromise.

1. Rokkenjiman to communicate a list of businesses they believe are engaged with or associated with slavery. Upon receipt of this list Heyra will have 7 calendar days to show that these companies are capable of obtaining a Silver Freestone Mark. Sanctions labelled Section 2 & 3 are with-held until this deadline has passed . Sanctions labelled Section 1 however begin immediately.

2. At the time of the deadline sanctions come into full effect unless the following criteria are meet.

a) Businesses identified can prove they have no assets or connection to businesses in Tamora
b) Businesses identified have obtained the Silver Freestone Mark.
c) The government of Heyra have put in place observable safeguards to ensure no business in Elysium has connections with slavery.

3. Should these measures be meet all sanctions will be lifted with immediate effect.

4. Should these measures not be meet all sanctions will come fully into force.

It is our belief that while Heyra can have the right to naturally ensure confidentiality and little regulation exists in their banking systems they must as a result live with the consequence that at times they will be viewed with suspicion and that their police of Free Trade may not be possible with all nations.

We hope that this matter can swiftly be cleared up between the two nations.

Duke Hugo Lascelles

Offline Beatrice

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #6 on: October 07, 2020, 08:33:22 PM »

Re: Heyran Complaint

The First Empire agrees to the measures put forth by Duke Hugo Lascelles and shall work cooperatively with them. Earlier this year we saw the Imperial Diet conduct an investigation of the Heyran economy, noting the secrecy which surrounds its operations. As Tamoran businesses have incorporated a number of subsidiaries within Elysium a great concern of the Imperial Government has been the ability of Tamoran firms to utilize this shroud of secrecy to evade sanctions and other measures imposed due to Tamoran slavery. This has necessitated the level of our initial response, while some mechanism of validation to ensure that Heyran-based companies are not involved in transactions which involve links to the institution of slavery in Tamora would alleviate such concerns.

Tamoran subsidiaries are the most concerning in regard to Rokkenjiman law, such as Tamora Imperial Bank, Jalaal Deer and Machal Mining, while Heyran financial institutions which may have dealings with these entities would present a further area of concern.

Respectfully yours;


Empress of Rokkenjima
Princess of Arovium
« Last Edit: October 07, 2020, 08:53:45 PM by Beatrice »

Beatrice Anselmo
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Offline Beatrice

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #7 on: October 11, 2020, 04:46:08 AM »

Re: Heyran Complaint

With the information presently available to us from Heyra the situation surrounding the Heyran economy is perhaps yet more concerning than previously established. With a government seemingly incapable of any measure of control over its economy one must ask a series of very important questions, each with meaningful implications, such as:

How can the Republic exude confidence that firms based in Elysium are compliant with the AA? How can it confirm that these firms have no ties to firms, governments or other institutions which are tied to the institution of slavery?

How can the Republic confirm that it is in compliance with the MCUR, or that it is even capable of being in compliance with the MCUR or other agreements which it is party to?

In what manner is the government capable of enforcing the international agreements to which it has bound itself?


While the First Empire is willing to agree to the proposition of the Republic we shall first require an explanation as to how Heyra enforces compliance (inspections, checks on employees, verification of assets, etc); at present, this is seemingly not being done and the original Rokkenjiman position would likely stand if this, and our previously outlined questions, are not addressed in a satisfactory manner. As these are concerns which seemingly spread to cover the entirety of the Heyran economy, we must address these matters so that we may rest assured that any transactions between a Rokkenjiman firm and a Heyran firm do not place any elements in the Rokkenjiman economy in a position where they would run afoul of existing laws as well as sanctions against the Tamoran regime.

It remains my sincerest of hopes that we may yet resolve these concerns and look forward to the efforts of the Republic in setting these affairs straight.

Respectfully yours;


Empress of Rokkenjima
Princess of Arovium

Beatrice Anselmo
Grand Chancellor of the Independent Order
Empress of the First Empire of Rokkenjima

Factbook of the First Empire of Rokkenjima - Kingdom of Clysperis

Offline fuwapanzer

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #8 on: October 12, 2020, 06:36:41 AM »


To: the Ardian Assembly

The South Ardian New Electorate, and by extension, its member nations, wish to express their disappointment over the recent decisions of the Rokkenjiman government. There was no prior warning before these severe sanctions were enacted, and there was no attempt made by Rokkenjima to communicate its grievances to the Ardian Assembly. Not only that, but no solid evidence was given at the time of the Press Release. Rokkenjima's actions are somewhat understandable, given the nation's contribution to the anti-slavery effort, however the willingness of the government to suddenly sanction Heyra despite it being within breach of multiple parts of the Ardian Assembly's Charter, especially 5.1, is unjustifiable.

SANE and its representatives are in full support of Duke Hugo Lascelles' proposal, and we hope that it will finally bring fairness and a satisfactory end to these hostilities.


6th President of the Reunified Socialist Federation of New Derusmia
2nd Chairman of the South Ardian New Electorate

Offline Beatrice

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #9 on: October 12, 2020, 03:47:10 PM »

Re: Heyran Complaint

While the effort of the Republic's explanation is appreciated these measures do not, in fact, address the matters at the heart of the issue. Border controls would do nothing to prevent a slave from being brought into Elysium without proper background work being preformed, nor would they have any impact upon wire transfers. If the Republic is conducting transactions in cash we may consider this as a reassuring gesture, however, I doubt this is the case.

As for the points raised by the Republic, allow us to visit each one:

Section 4.3: Given the context of this article nothing is required of the First Empire; visa-free travel is at the invitation of the First Empire or a Rokkenjiman company. As these invitations are not mandated there is, in fact, no violation.

Section 5.1: Measures to protect the integrity of the Rokkenjiman market from companies, states and entities associated with slavery are not undertaken, nor designed, to weaken or disrupt the trade of the Republic. Each state has a responsibility to ensure the integrity of their market, and it has been previously established that foreign parties must be in compliance with local laws and regulations for participation to be extended.

5.4: It has yet to be proven whether or not the firms in question adhere to local laws, or whether the Republic is capable of providing the necessary information to ensure their compliance. Under these circumstances, the First Empire is incapable of knowing whether these companies are in compliance or not.

While I appreciate the concern of SANE it is rather misplaced; the approach put forward by Duke Lascelles is being followed. We've submitted a list to receive a response which essentially states that the Republic is incapable. It is thus upon the Republic to take action to enact a course of action to put these concerns to rest.

Respectfully yours;


Empress of Rokkenjima
Princess of Arovium

Beatrice Anselmo
Grand Chancellor of the Independent Order
Empress of the First Empire of Rokkenjima

Factbook of the First Empire of Rokkenjima - Kingdom of Clysperis

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #10 on: October 12, 2020, 06:29:00 PM »
OOC - As I was typing this before this was completely sideways I'm going to ask the first part of this be considered as having occured before the above post.


In the interests of resolving this matter before it descends any further into the latest installment in a war of attrition waged in words by members of this Assembly perhaps we should consider whether there is a way of handling this in a manner that does what is required without having to do more than necessary. Rokkenjima's principle concern is that the apparent secrecy and as we now are aware non-existent control over the Heyran economy opens the door for assets connected with the slave trade, whether they be slaves, money or goods to cross the border. We appreciate Heyra does have border controls and we presume does conduct border checks, this much we can determine from the agreement that governs Elysium but the nature of these checks we don't know so we'd appreciate more detail on these checks - are background checks of an individual or company carried out and if so what sort? In addition there's the matter of money transferred electronically, what measures are taken to ensure that such transactions are not connected to the slave trade? If this can be answered then I think some of us may be somewhat reassured about part of this issue.

As things presently stand the response from Heyra means that the sanctions are going to happen and we appreciate that the Heyran Government believes that these sanctions will have a negative effect on them. However as mentioned above they're in a position where the information is something they don't have, so compliance of companies cannot be proven.

The Government of Heyra has already said that it is happy for investigators to take a look at companies in Elysium, so perhaps that is a way forward that may satisfy Rokkenjima, if the Heyran Justice Bureau guarantees that the investigators will have their full cooperation, perhaps such investigators can verify the status of companies in Elysium in terms of compliance. In terms of Heyran companies based in Rokkenjima it is the case that Rokkenjima can as is their right ask those companies to show compliance with local laws if they can't then I fail to see the issue but again if the Heyran Government cannot provide the information then in this instance it must be for the Rokkenjiman authorities to investigate. If for whatever reason questions remain after the investigative stage then implementation of sanctions is something that Rokkenjima may wish to consider in line with what Grand Duke Lascelles has already put forward and what has the support of the Assembly.


In response to the Heyran resolution Gowu argues that the resolution breaches article 8.4 of the charter of the Ardian Assembly "4. Any member nation deemed to have acted outside the spirit of this charter may be banned for a period of 30 days by a motion being presented to the Assembly and a majority vote taken. An exclusion may only take place after the 30 day window and a debate and vote carried out. 65% of voting members must agree to an exclusion."

No debate relevant to the proposal of banning Rokkenjima from the Assembly has taken place therefore moving a resolution to an immediate vote containing that provision immediately invalidates it. In addition Gowu does not believe that any breach of the Ardian Assembly Charter itself has taken place, we agree with Heyra (as stated in previous communication) that Rokkenjima did not act in accordance with the resolution following the QAMB affair but let's be very clear that no breach of the charter has occured, Heyra must prove that and it has not done so.

Offline RobertAgira

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #11 on: October 12, 2020, 09:07:39 PM »

Bakkermaya is frankly appaulled at the behaviour of both Rokkenjima and Heyra in the handling of this affair.

On the 7th October 2020 I suggested that the matter at discussion be effectively suspended for 7 days to allow Heyra to demonstrate compliance with the Silver standard Freestone Mark for businesses operating out of Elysium. This deadline has yet to pass and therefore we would expect Heyra to have been working with companies to support them in the work to obtain this. We would also expect Rokkenjima to wait patiently for the Heyran's to show compliance.

We also find the fact that Heyra believe they have the right to force the assembly to vote on a resolution without having a chance to debate it or make counter proposals unacceptable. As such regardless of what was being put forward the Bakkermayan ambassador to the Assembly will be instructed to vote against the proposal made by Heyra.

To date we believe in the following.

1. Rokkenjima are permitted to impose restrictions and/or sanctions on any nation, business or company they believe is not complying with their regulations concerning slavery and connections to it. Thus they are within their rights to restrict the oppurtunities given to companies from Heyra who can not prove they are complying with local Rokkenjiman regulations. The duty to provide evidence of compliance lies with the Heyran businesses and it is not the duty of Rokkenjima to prove a company is not complying.

2. Rokkenjima should be placing sanctions/restrictions on businesses and not the nation of Heyra. The businesses of Heyra are outside government control and should be compliant with the laws/regulations of where they operate or with whom they trade. Should Heyra be found to have permitted slaves to enter Elysium without taking action or similar acts have taken place then naturally we would support the Rokkenjiman stance.

We therefore believe the following should now take place and be adhered to.

1. Rokkenjima wait until the pre-agreed deadline has come and gone before taking any other actions.

2. Heyran companies identified by Rokkenjima as a concern provide proof of their compliance with Rokkenjiman laws and regulations relating to their dealings in Elysium. Companies unable or unwilling to do so to the satisfaction of Rokkenjima are at the passing of the deadline unable to trade with Rokkenjima.

3. Heyra to provide the Assembly with details of measures taken to ensure that no slave is taken into Elysium and that should such a thing happen the steps Heyra shall take to emancipate the slave.

4. Bakkermaya is willing to send observers to Elysium to provide reassurance of active measures being taken to ensure slaves can not be taken into Elysium or removed should they enter.

It is our hope that this time both parties shall move forward rather than drag the Assembly into an endless debate on perceived illegal actions, an opinion we do not share in this occasion. Currently the Assembly has become an arena for point scoring games rather than finding practical and reasonable solutions carried through in the spirit of friendship.

GRAND DUKE HUGO LASCELLES

Offline Beatrice

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Re: Ardian Assembly - Illegal rokkenjiman actions
« Reply #12 on: October 13, 2020, 05:26:35 AM »
OOC: I would simply add that I haven't touched the Abstergo holdings and, unlike with QAMB, would naturally give time for such matters to be addressed if the measures were to stay in place. Heyra can have Tamoran subsidiaries if it wishes, likewise, it shouldn't be surprised when it has to face the consequences of having business dealings with slavers. People aren't just going to shrug it off and be like "meh, okay". I realize it would be easier if one could be on both sides of an issue, damn the consequences, but it simply is not so.


Re: Heyran Complaint

I would simply add that the record should show that the First Empire has taken no actions beyond its agreement to the proposal put forth by Grand Duke Hugo Lascelles beyond addressing inaccuracies stated by the Republic of Heyra and remains in full compliance with the provisions as previously set forth. No further actions have been, nor shall they be, taken until the deadline passes, and it is most certainly my hope that shall not be required. Those measures set forth by Rokkenjima in Sections 2 and 3 remain withheld until the passage of the deadline, as agreed before the Assembly of Ardia.

Likewise, I support the additional measures set forth by Grand Duke Hugo Lascelles and share his hopes in their success. I have set aside the slander and vicious language directed toward me by my Heyran counterparts and have not allowed them to influence my decisions regarding this matter. Once again, I reiterate my sincerest of interests in seeing these matters put to rest.

Respectfully yours;


Empress of Rokkenjima
Princess of Arovium

Beatrice Anselmo
Grand Chancellor of the Independent Order
Empress of the First Empire of Rokkenjima

Factbook of the First Empire of Rokkenjima - Kingdom of Clysperis