What does Benihana define as 'Anti-Terrorism Laws' in the franchise agreement?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
- 21.9 As used herein, "Anti-Terrorism Laws" means Executive Order 13224 issued by the President of the United States, the Terrorism Sanctions Regulations (Title 31, Part 595 of the U.S. Code of Federal Regulations), the Foreign Terrorist Organizations Sanctions Regulations (Title 31, Part 597 of the U.S. Code of Federal Regulations), the Cuban Assets Control Regulations (Title 31, Part 515 of the U.S. Code of Federal Regulations), the USA PATRIOT ACT, and all other present and future federal, state and local laws, ordinances, regulations, policies, lists and any other requirements of any Governmental Authority (including, without limitation, The United States Department of Treasury Office of Foreign Assets Control) addressing or in any way relating to terrorist acts and acts of war.
Source: Item 23 — Receipts (FDD pages 74–576)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, the franchise agreement defines 'Anti-Terrorism Laws' broadly. It includes Executive Order 13224 issued by the President of the United States, the Terrorism Sanctions Regulations (Title 31, Part 595 of the U.S. Code of Federal Regulations), the Foreign Terrorist Organizations Sanctions Regulations (Title 31, Part 597 of the U.S. Code of Federal Regulations), the Cuban Assets Control Regulations (Title 31, Part 515 of the U.S. Code of Federal Regulations), and the USA PATRIOT ACT.
Furthermore, the definition extends to all other present and future federal, state, and local laws, ordinances, regulations, policies, lists, and any other requirements of any Governmental Authority. This includes, without limitation, The United States Department of Treasury Office of Foreign Assets Control, addressing or in any way relating to terrorist acts and acts of war.
Benihana requires franchisees to comply fully with these Anti-Terrorism Laws and assist Benihana in its compliance efforts. Franchisees are prohibited from hiring or dealing with any person listed on the SDN (Specially Designated Nationals) List, which is subject to change. The franchisee bears sole responsibility for determining the actions necessary to comply with all Anti-Terrorism Laws. Any violation of these laws or misrepresentation by the franchisee can lead to immediate termination of the franchise agreement without an opportunity to cure the breach.