The Turkish public bank Halkbank asked the United States Supreme Court to cancel a decision by a lower court that it could be prosecuted for helping Iran to bypass American sanctions.
In a request published this week on the Supreme Court website, the halkbank said that it was entitled to “absolute immunity” under ordinary law, because the sovereign immunity enjoyed by countries extends to their organs.
The halkbank pleaded not guilty of accusations of fraud, money laundering and conspiracy for having allegedly used financial services providers and screens in Iran, Turkey and the United Arab Emirates in order to bypass the sanctions.
The prosecutors said that the Halkbank helped Iran secretly transfer $ 20 billion in restrictions and had helped to whiten money via the American financial system.
In October, the Manhattan Federal Court of Appeal decided that the halkbank could be prosecuted.
“The decision below therefore authorizes the first criminal trial of a sovereign foreign organization in world history,” said Halkbank in his request before the Supreme Court.
Halkbank also said that this decision exhibited American agencies such as the Navy, the CIA and the Export-Import Bank to possible criminal prosecution abroad, and that it was “only a matter of time” before other sovereign states target their diplomatic opponents.
The case began in 2019 and is in its second ahead of the Supreme Court.
In 2023, the Court said that Halkbank was not protected against prosecution under the 1976 federal law on foreign sovereign immunity, but left the question of whether the bank deserved immunity under ordinary law, on the basis of legal decisions rather than laws.
The Supreme Court may not decide before the start of its October session on the question of whether it will agree to hear Halkbank’s call.
Halkbank said they were 91.49 % owned by the Turkish sovereign fund, which belongs to Turkey.
This case is a source of tension in relations between the United States and Turkey, Turkish President Tayyip Erdogan calling it “illegal and deplorable measure”.
The case is entitled Turkiye halk bankasi as c. United States, Supreme Court of the United States, n ° 24-1144. (Report by Jonathan Stempel in New York; edited by Diane Craft)
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