The International Enforcement Law Reporter

The International Enforcement Law Reporter is a monthly print and online journal covering news and trends in international enforcement law.

Since September 1985, the International Enforcement Law Reporter has analyzed the premier developments in both the substantive and procedural aspects of international enforcement law. Read by practitioners, academics, and politicians, the IELR is a valuable guide to the difficult and dynamic field of international law.

U.S. Dismisses Charges against Mexican General and Return Him to Mexico

Thursday, November 26, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
12
Abstract: 

On November 17, 2020, the Attorney General of the United States William P. Barr and Fiscalía General of Mexico Alejandro Gertz Manero issued a joint statement[1] announcing that the U.S. government has decided to seek dismissal of the U.S. criminal charges against former Mexican Secretary of National Defense General Salvador Cienfuegos Zepeda. Within one day, the charges were dismissed and Cienfuegos was returned to Mexico.



[1]    U.S. Department of Justice, Joint Statement by Attorney General of the United States William P. Barr and Fiscalía General of Mexico Alejandro Gertz Manero,  Press Rel. No. 20-1,249, Nov. 17, 2020.

 

 

U.S. and Brazil Sign Anti-Corruption Provisions in Trade Facilitation Protocol

Thursday, November 26, 2020
Author: 
Bruce Zagaris and Carlos Ayres*
Volume: 
36
Issue: 
12
Abstract: 

On October 19, 2020, after seven months of negotiations,[1] officials from the United States and Brazil announced the conclusion of a protocol on a limited trade deal that will facilitate commerce between the countries, strengthen regulatory practices, and strengthen anti- corruption measures. The new Protocol concerns Trade Rules and Transparency. The Protocol updates the 2011 Agreement on Trade and Economic Cooperation (ATEC) with three new annexes consisting of state-of-the-art provisions on Customs Administration and Trade Facilitation, Good Regulatory Practices, and Anticorruption.[2]  This article discusses Annex III on anti-corruption and some of its implications in the U.S. and Brazil.



*Mr. Ayres is a founding partner of the law firm Maeda, Ayres & Sarubbi in São Paulo, Brazil. He focuses on anti-corruption, government enforcement and compliance issues, with a particular emphasis on Brazil and other regions of Latin America. Mr. Ayres is a Professor at the Post-Graduate Program of FGVLaw, School of Law, in São Paulo.

 

[1]    Ana Swanson, U.S. to Sign Limited Trade Deal With Brazil, N.Y. Times, Oct. 19, 2020.

 

[2]    Office of the U.S> Trade Representative, United States and Brazil Update Agreement on Trade and Economic Cooperation with New Protocol on Trade Rules and Transparency, Oct. 19, 2020  https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/october/united-states-and-brazil-update-agreement-trade-and-economic-cooperation-new-protocol-trade-rules.

 

 

Australia Three Persons in Foreign Bribery Investigation on Iraq Oil Projects

Thursday, November 26, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
12
Abstract: 

On November 18, 2020, the Australian Federal Police (AFP) charged three persons in a bribery investigation involving oil projects in Iraq.[1] The AFP arrested Russel John Waugh, 54, at his house in Brisbane.[2]



[1]    Australian Federal Police, Brisbane man arrested, two international warrants issued in foreign bribery investigation, Nov. 18, 2020 https://www.afp.gov.au/news-media/media-releases/brisbane-man-arrested-two-international-warrants-issued-foreign-bribery.

 

[2]    Blake Antrobus, Revealed: scope of allegations against former director’s ‘conspiracy’ over Iraqi oil bribes, news.com.au , Nov. 18, 2020.

 

 

EU’s Reaction to Recent Terrorist Attacks: Strengthening Police Partnership and Law Enforcement Cooperation

Saturday, November 21, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

On November 13, 2020, the European Union released a “Joint Statement by the EU Home Affairs Ministers on the recent terrorist attacks in Europe” and “Draft Council Conclusions on Internal Security and European Police Partnership” in the wake of recent terrorist attacks in Paris, Dresden, Conflans-Saint-Honorine, Nice, and Vienna.

INTERPOL and World Customs Organization Conduct Operation against Environmental Crime

Saturday, November 21, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

On November 9, 2020, INTERPOL announced the results of Operation Thunder 2020, coordinated by INTERPOL and the World Customs Organization (WCO), to enforce laws against environmental crime in 103 countries.[1]



[1]    INTERPOL, Wildlife and forestry crime:  Worldwide seizures in global INTERPOL-WCO operation, Nov. 9, 2020.

 

INTERPOL Operation Targets Trafficking of Stolen Motor Vehicles in the Balkans

Saturday, November 21, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

On October 30, 2020, INTERPOL announced the undertaking and results of an international law enforcement operation, targeting the trafficking of stolen motor vehicles, spare parts, and document fraud. During October 12-23, 2020, Frontex,[1] the European Border and Coast Guard Agency, and INTERPOL  undertook Operation Mobile 3 in the framework of the European Multidisciplinary Platform against Criminal Threats (EMPACT), as part of the Joint Action Day (JAF) Mobile Initiative.[2]



[1]    Frontex, the European Border and Coast Guard Agency, supports EU Member States and Schengen Associated Countries in the management of EU’s external borders and fighting cross-border crime.  Frontex undertakes border control activities at the EU’s external borders, sharing intelligence and expertise with all EU Member States, as well as neighboring non-EU countries affected by migratory trends and cross-border crime.  Among its many tasks, the agency coordinates the deployment of border and coast guards, along with boats, airplanes, patrol cars and other equipment, to EU countries facing exceptional pressure at their external borders.  See Frontex, Key Facts https://frontex.europa.eu/faq/key-facts.

 

[2]    INTERPOL, International operation targets trafficking of stolen motor vehicles, Oct. 30, 2020.

 

 

U.S. Sanctions Russian Government Research Institution with Connections to Triton Malware

Tuesday, November 17, 2020
Author: 
Julia Brock
Volume: 
36
Issue: 
11
Abstract: 

On October 23, 2020, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned a Russian government research laboratory that created the Triton malware.[1] The lab in question is the Central Scientific Research Institute of Chemistry and Mechanics in Moscow. It is supported by the State Research Center of the Russian Federation FGUP Central Scientific Research Institute of Chemistry and Mechanics (TsNIIKhM), a Russian government-controlled research institution responsible for building customized tools that enabled the attack. The Triton malware is a dangerous and malicious malware that was designed to target and manipulate industrial safety systems. The cyber actors behind the Triton malware have been described by those in the cybersecurity industry as “the most dangerous threat activity publicly known.”[2]



[1] Treasury Sanctions Russian Government Research Institution Connected to Triton Malware, U.S. DEPARTMENT OF THE TREASURY, Oct. 23, 2020, https://home.treasury.gov/news/press-releases/sm1162

[2] Treasury Sanctions Russian Government Research Institution Connected to Triton Malware, U.S. DEPARTMENT OF THE TREASURY, Oct. 23, 2020, https://home.treasury.gov/news/press-releases/sm1162

 

Belgian Police Seize 11.5 of Cocaine from Ship in Guyana as It Penetrates Organized Gang

Saturday, November 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

On November 5, Belgian federal prosecutors told the media it had tracked the transatlantic trip of 11.5-tons of cocaine from Guyana, seized it on its arrival in Antwerp and arrested some 22 criminals.[1]



[1]    Gabriela Galindo, Belgian police seize 11.5T of cocaine in ‘largest overseas drug bust ever’, Brussels Times, Nov. 5, 2020.

 

 

OFAC Issues Advisory and Guidance on Use of High-Value Artwork to Circumvent Sanctions

Saturday, November 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

On October 30, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control made an advisory to underscore sanctions risks arising from dealings in high-value artwork[1] associated with persons blocked pursuant to OFAC’s authorities, including persons on OFAC’s List of Specialty Designated Nationals and Blocked Persons (SDN List).[2] The OFAC advisory discusses characteristics of the market for high-value artwork that pose sanctions risks. It also alerts art galleries, museums, private art collectors, auction companies, agents, brokers, and other participants in the art market of the need to maintain a risk-based compliance program to mitigate such risks. The advisory highlights the “Berman Amendment” to the International Emergency Economic Powers Act  (IEEPA) and the Trading with the Enemy Act (TWEA) does not categorically exempt all transactions in artwork from OFAC regulation and enforcement.



[1]   “High-value artwork” is artwork with an estimated market value of more than $100,000 for purposes of the OFAC advisory.

 

[2]    U.S. Department of Treasury, Advisory and Guidance on Potential Sanctions Risks Arising from Dealings in High-Value Artwork, Oct. 30, 2020  https://home.treasury.gov/system/files/126/ofac_art_advisory_10302020.pdf.

 

 

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