Does the Benihana franchisee have an obligation to assist BNC in complying with Anti-Terrorism Laws?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
21.6 Franchisee shall comply with and assist BNC to the fullest extent possible in BNC's efforts to comply with the Anti-Terrorism Laws (as defined below). Franchisee shall not hire nor have any dealings with any person listed on the SDN List, as it may be modified from time to time. Franchisee is solely responsible specifically acknowledges and agrees that Franchisee's indemnification obligations under this Agreement pertain to Franchisee's obligations under this Section 21.6. Any misrepresentation by Franchisee under this Section 21.6, or any violation of any Anti-Terrorism Laws by Franchisee, Franchisee's owners, principals or employees, shall constitute grounds for immediate termination of this Agreement and any other agreement Franchisee has entered into with BNC or its affiliates. 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 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, Benihana franchisees have an obligation to assist Benihana National Corp. (BNC) in complying with Anti-Terrorism Laws. Franchisees must comply with these laws to the fullest extent possible. This includes not hiring or dealing with any person listed on the Specially Designated Nationals (SDN) List, which is updated periodically.
The Anti-Terrorism Laws, as defined in the FDD, include Executive Order 13224, the Terrorism Sanctions Regulations, the Foreign Terrorist Organizations Sanctions Regulations, the Cuban Assets Control Regulations, the USA PATRIOT ACT, and all other present and future federal, state, and local laws related to terrorist acts and acts of war. This also encompasses requirements from any Governmental Authority, including the United States Department of Treasury Office of Foreign Assets Control.
Franchisees are solely responsible for their indemnification obligations under the agreement related to these Anti-Terrorism Laws. Any misrepresentation or violation of these laws by the franchisee, their owners, principals, or employees can result in immediate termination of the Franchise Agreement and any other agreements with Benihana or its affiliates. This highlights the critical importance of adhering to these regulations and ensuring all employees and business dealings are compliant.