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.

Reconciling the Bail Reform Act and Immigration Authority under Trump Executive Orders

Friday, January 19, 2018
Author: 
Rebecca Krishnan-Ayer
Volume: 
34
Issue: 
1
Abstract: 

On October 16, 2017, customs agents in John F. Kennedy International Airport arrested Keston Lett, a citizen of Trinidad and Tobago, after they discovered he was carrying more than two kilos of cocaine. Lett was charged with importation of a controlled substance in violation of 21 U.S.C. §§ 952(a) and 960.  After satisfying his conditions for release from criminal custody pending trial, the District Court issued an order requiring that the defendant be released on bond. Lett was then transferred to the United States Bureau of Immigration and Customs Enforcement (ICE) custody pursuant to an immigration detainer.  Defense counsel for Lett filed a motion to dismiss the indictment, arguing Lett’s continued detention by ICE following his release on bail violated his statutory rights under the Bail Reform Act of 1984 (BRA) as well as his constitutional rights under the Fifth, Sixth, and Eighth Amendments.

Ecuador Gives Assange Citizenship and Britain Denies Request for Diplomatic Status

Friday, January 19, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
1
Abstract: 

On January 11, 2018, Ecuador’s Foreign Minister Maria Fernanda Espinosa announced that Ecuador granted WikiLeaks founder Julian Assange naturalization on December 12, 2017.[1]  On December 20, 2017, Ecuador formally requested that Assange receive diplomatic status.  Britain rejected the request the following day,

Motion Challenges Indefinite Detention of 11 Guantanamo Detainees for 16 Years Without Charges or Trial

Friday, January 19, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
1
Abstract: 

On January 11, 2018, on the 16th anniversary of the Guantánamo prison’s opening, the Center for Constitutional Rights (CCR), Reprieve, and co-counsel filed a motion on behalf of 11 men held at the military facility for 16 years, challenging indefinite detention without charges or trial.

Does the Rohingya Tragedy Amount to International Crime – and Who Cares?

Friday, January 19, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
1
Abstract: 

On January 11, 2018, a European Union delegation in Myanmar urged the government to launch a thorough and credible investigation into violence against Rohingyas in the western Rakhine State. The statement was issued by the EU delegation, the Heads of Mission of EU member states accredited to Myanmar and the Head of Mission of Norway. The call from the EU came a day after the Myanmar army acknowledged it carried out extrajudicial killings of Rohingyas in the state.

First Major Worksite Enforcement Action of 2018 Targets 100 7-Eleven Stores Nationwide in a Sign of What Business Can Expect under the Trump Administration

Friday, January 12, 2018
Author: 
Montserrat C. Miller
Volume: 
34
Issue: 
1
Abstract: 

On January 10 Department of Homeland Security agents raided 100 7-Eleven stores nationwide as part of an effort to ensure employees’ legal work authorization in the United States. This week’s raids stemmed from a 2013 investigation against multiple 7-Eleven franchisees and managers who allegedly employed undocumented workers in New York and Virginia.

U.S. Jury Convicts Turkish Banker of Conspiring to Evade Iran Sanctions

Friday, January 12, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
1
Abstract: 

On January 3, 2018, a jury in the United States District Court for the Southern District of New York found Mehmet Hakan Atilla guilty of conspiring with others, including Reza Zarrab, who already pleaded guilty to evading U.S. sanctions among other offenses, to use the U.S. financial system to make transactions on behalf of the Iranian government and other Iranian entities, which U.S. sanctions barred, and to defraud U.S. financial institutions by concealing these transactions’ true nature.

UN Security Council Adopts Two Resolutions on Counter-Terrorism

Friday, January 12, 2018
Abstract: 

On December 21, 2017, the United Nations Security Council adopted two resolutions addressing various aspects of counter-terrorism.

The first resolution concerns foreign terrorist fighters (FTFs) connected to the Islamic State in Iraq and the Levant (ISIL/Da’esh), the Nusrah Front (ANF) and other cells, affiliates, splinter groups or derivatives. The Council, along with many experts in security cricles, are increasingly concerned about FTFs returning to their home countries to foster radicalization and attacks on soft targets. The Council urged Member States to step up implementation of resolution 2178 (2014) and to strengthen their efforts to stem the threat through measures related to border control, criminal justice, information‑sharing and counter‑extremism.

On The Legacy of the 16th Session of the ICC Assembly of States Parties

Friday, January 12, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
1
Abstract: 

The 16th session of the Assembly of States Parties (ASP or Assembly) to the Statute of the International Criminal Court (ICC or Court) was held from December 4 to December 14, 2017 in New York.

The expectations were high – and so were the stakes. During the session, the Assembly was to consider matters fundamental to the Court, through holding a General Debate on the ICC and its operations, holding two plenary discussions on cooperation and the 20th anniversary of the ICC Statute, adopting a number of resolutions on matters such as cooperation, complementarity, and universality, and its mandate towards victims, aiming at ameliorating the ICC implementation of its mandate.

OECD Global Forum on Tax Transparency Highlights Enforcement Initiatives in Annual Report

Friday, January 12, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
1
Abstract: 

On December 20, 2017, the OECD Global Forum on Transparency and Exchange of Information for Tax Purposes (hereafter the “Global Forum”), which consists of 147 members and 17 observers, issued its annual report.It noted the fact that 50 jurisdictions have committed to starting Automatic Exchange of Information (AEOI) in September 2017 pursuant to the OECD Common Reporting Standard (CRS).  78 jurisdictions and 3 international organizations observers are participating in the AEOI group and carry out the mandate related to effective implementation of the AEOI standard.  As the jurisdictions that participated in the 2017 exchanges are preparing to use the data for enforcement purposes, most of the remaining jurisdictions are preparing now to make their initial exchanges in September 2018.  Already the report on the 2017 implementation period is ready.  The Global Forum is preparing to conduct full reviews of the implementation of automatic exchange of information (AEOI) by 2020.

The 2nd Kroll Report on the Moldovan Bank Scandal and the Role of Scottish Limited Partnerships in Money Laundering

Friday, January 12, 2018
Author: 
Zarine Kharazian
Volume: 
34
Issue: 
1
Abstract: 

On December 22, U.S. private investigative firm Kroll published its second report on the 2014 Moldovan bank fraud scandal. This article provides background on the scandal, as well as commentary on the contents of the report.

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