Gita Kashani: Open Letter to Mr. Cook and Apple

It is a bedrock principle of U.S. civil rights law, applicable to businesses that operate in the United States, that no person should be discriminated against on the basis of ethnicity, national origin or religion. The recent discriminatory practices at Apple’s branches in Atlanta, Georgia are deeply disturbing not only to U.S. citizens of Iranian descent and all legal visa holders but also the outer public.

Although the current embargo act prohibits the sale of U.S. goods to sanctioned countries which in itself is flawed because if U.S. is serious in promoting democracy in these countries such as Iran, Cuba, Syria, N. Korea, and Sudan, then their focus should be to empower their people by promoting access to free information and technology that is independent of their governments so they can think and act independently, not pass laws that prohibit it. Ironically, the Governments of these countries which the U.S. has the issue with, all have full access to the latest and greatest of technologies and have dozens of iPads sitting around, they are not really affected by these sanctions. They really don’t care about the next iPad being imported, it’s the general public that is being limited and denied access to accurate data and information freely, thereby controlled and manipulated by their respective governments.

Again, if the U.S. was really interested in democracy and human rights in these countries, they would promote the exchange of these everyday gadgets to empower the people and pass laws that only sanction governments, not the other way around, but that’s a whole different topic.

My issue today, as a U.S. citizen, who has lived in the States since the age of eight, paid taxes, never been in any trouble, raised three educated children and has admired my hosting country for its principals on human rights and its fight for democracy and equality is, that Apple, one of the anchors of the U.S. economy and culture with a world wide brand and reach should condone a culture of prejudice, discrimination, and bias against any consumer, merely for speaking a foreign language, not practice it.

What happens to U.S. consumers speaking Spanish, Korean, Arabic, or perhaps even Farsi but from Afghanistan. Are the same assumptions made, would the same rules apply, will they be denied purchase and humiliated in public and sent away?

It is true that U.S. entities exporting, selling, or supplying U.S. goods knowing or having reason to know that the goods will eventually be exported to sanctioned countries, they are in violation of the ITR and liability is incurred. However, prohibiting the sale of U.S. goods to “U.S. persons” at a U.S. retail store is hardly what the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) intended when the ITR was promulgated.

I am not alone in my opinion when I say, this was a gross violation of human rights, perhaps a misinterpretation by the two Apple employees in Atlanta, misguided at best, and a violation of state and federal law at worst.

I hope serious steps are taken at all levels, to prevent this from ever happening to another U.S. citizen again as this is not what this country was founded on. We have come a long way from the “civil rights” movement to have to go backwards now.

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