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.

Security Council Adopts Resolution on Persons Reported Missing During Armed Conflict

Friday, July 19, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
7
Abstract: 

On June 11, 2019, the United Nations Security Council adopted resolution 2474 (2019), its first resolution to deal specifically with persons reported missing during armed conflict.  The Council condemned “the deliberate targeting of civilians or other protected persons in situations of armed conflict, and call[ed] upon all parties to armed conflict to put an end to such practices.” The Council asked such parties “to take all appropriate measures, to actively search for persons reported missing, to enable the return of their remains, and to account for persons reporting missing without adverse distinction and to put in place appropriate channels enabling response and communication with families on the search process.”

UK Appeal Court Held Licensing Arms to Saudi Arabia Illegal

Friday, July 19, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
7
Abstract: 

On June 20, 2019, the UK Court of Appeal (Civil Division) delivered a judgment ruling that ministers had acted unlawfully in allowing the sale of weapons when there was a clear possibility they might be used in violation of international humanitarian law in Yemen. In this ruling, a panel of the Court of Appeal judges, including Sir Terence Etherton, the master of the rolls, Lord Justice Irwin, and Lord Justice Singh, did not strictly prohibit the government from issuing new licenses but made clear that they felt it had fallen short of its duties. Ministers had failed “in one significant respect,” the judges said, by failing to determine whether the Saudi-led coalition in Yemen had violated international law. The Lords held that the consequence of allowing an appeal on one ground will be that “the matter will be remitted to the Secretary of State to reconsider in accordance with the correct legal approach.”

President Wins Appeals Court Case on Emoluments and Loses One in the District Court

Friday, July 19, 2019
Author: 
Alex Psilakis and Bruce Zagaris
Volume: 
35
Issue: 
7
Abstract: 

Two conflicting decisions have been issued with respect to the suits against United States President Donald Trump for violating the emoluments clause. On July 10, 2019, the United States Court of Appeals for the Fourth Circuit unanimously granted the President’s petition for a writ of mandamus and reversed the district court’s orders, concluding the District of Columbia and the State of Maryland lacked standing to sue. On June 25, 2019, U.S. District Court Judge Emmet G. Sullivan denied a request by President Trump to put the emoluments case against him on hold.

U.S. Extradites Former Colombian Minister of Agriculture for Embezzlement and Other Charges

Friday, July 19, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
7
Abstract: 

On July 12, 2019, the United States extradited to Colombia Andres Felipe Arias Leiva, the Colombia Minister of Agriculture and Rural Development from 2005 to 2009. He is set to serve a sentence of 209 months in prison after a 2014 conviction by the Supreme Court of Colombia for two offenses committed while in public office. In 2014, Arias fled to the U.S. after his conviction.  Once in Florida, he hired an immigration attorney and applied for asylum.  He claimed that the corruption charges were politically motivated and that he had not received a fair trial.

Disgraced Art Dealer Charged with Operating $145 Million Smuggling Ring

Friday, July 19, 2019
Author: 
Alex Psilakis
Volume: 
35
Issue: 
7
Abstract: 

On July 8, 2019, the Manhattan District Attorney’s Office filed criminal charges against Subhash Kapoor, an art dealer – once based in New York – accusing him of running an art smuggling ring valued at $145 million. The complaint filed argues that Kapoor garnered rare, exquisite pieces from countries including India, Afghanistan, and Thailand. In acquiring these items, Kapoor created fake paper trails to make his efforts appear legitimate, crafting documents like fraudulent invoices and import forms. Finally, he would sell these pieces to buyers from around the world, which typically involved collectors, art dealers, and museums. In one case, for example, the complaint details how the smuggling ring – which included Kapoor and seven conspirators – stole a statue of the goddess Uma Parameshvari from a religious temple in India. The ring smuggled it to Hong Kong, then London, where it underwent restoration, to ultimately be sold for $2.5 million in New York.

Egmont Group of FIUs Plenary Focuses on Engaging Public-Public Cooperation

Saturday, July 13, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
7
Abstract: 

On July 5, 2019, during the 26th Plenary of the Egmont Group of Financial Intelligence Units (FIUs) in the Hague, the UN Secretary-General’s Special Advocate for Inclusive Finance for Development (USGSA), her Majesty Queen Máxima of the Netherlands, opened the plenary meeting alongside the Dutch Minister of Justice and Security, Mr. Ferdinand Grapperhaus.  Both focused on the crucial role FIUs play in protecting global financial stability, and the necessity of public-public collaboration in the AML/CFT environment, as well as the importance of financial inclusion as a key factor in the prevention of ML/TF risks.  The UNSGSA underscored that financial inclusion, financial integrity, and financial stability are not only complementary, but also mutually reinforce each other. Mrs. Hennie Verbeek-Kusters, the Head of FIU- the Netherlands and Egmont Group, Chair, presided over the plenary alongside the newly elected Egmont Group Chair, Mariano Federici, President of UIF Argentina.

FATF Plenary Unveils Guidance on Virtual Assets, Starts Strategic Review of AML/CFT Measures, Review of Assessment Processes, and Strengthens Proliferation Financing Standards

Saturday, July 13, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
7
Abstract: 

On June 19-21, 2019, FATF President Marshall Billingslea of the United States chaired the third and last Plenary meeting under the U.S. Presidency in Orlando, Florida. The delegates discussed the following issues, including FATF initiatives under the U.S. Presidency of the FATF. In October 2018, in response to the increasing use of virtual assets for money laundering and terrorist financing, the FATF amended Recommendation 15 and the glossary to clarify to which businesses and activities the FATF requirements apply in the case of virtual assets. In its Resolution 2462 of March 28, 2019, the UN Security Council welcomed these and other continuing efforts by FAFT to address the regulation and supervision of virtual asset activities and virtual asset service providers. After a public consultation on the measures applicable to virtual asset transfers, the FATF has issued the Interpretative Note to Recommendation (INR) 15, which applies in detail the FATF Standards and binding measures for the regulation and supervision of virtual asset activities and service providers. INR 15 sets binding measures relevant for both countries and virtual asset service providers and other obliged entities that engage in or provide virtual asset products and services in order to establish a more level playing field across the virtual asset ecosystem.

Rio’s Ex-Governor Testifies about Bribery in Rio 2016 Olympic Bid While IPACS Establishes New Task Force

Saturday, July 13, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
7
Abstract: 

In court testimony on July 4, 2019, Sergio Cabral, the former governor of Rio de Janeiro, said he paid $2 million to buy votes so that Rio would be chosen to host the 2016 Olympic Games. Cabral told Judge Marcelo Bretas that Carlos Nuzman, then the chair of the Brazilian Olympic Committee, was in charge of the negotiations.  In 2017, Brazilian authorities arrested Nuzman during an investigation into the alleged bribery scheme.  He denies wrongdoing. Cabral testified the payment produced a promise that between six and nine members of the International Olympic Committee would vote in favor of holding the 2016 Olympics in Rio. Cabral testified that Lamine Diack, former chief of the International Association of Athletics Federations, and his son Papa asked for payments of $1.5 million and $500,000 respectively.  Papa Diack has characterized the allegations as “the biggest lie in the history of world sport.” French authorities arrested Lamine Diack in 2015, accusing him of receiving payments for deferring sanctions against Russian Olympic performers who used drugs to enhance their performances.  He has denied wrongdoing.

U.S. and Argentine Seize Arms Targeting Mainly Brazil

Friday, July 12, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
7
Abstract: 

On June 28, 2019, Matthew T. Albence, deputy director of U.S. Immigration and Customs Enforcement (ICE), and Anthony Salisbury, special agent in charge of ICE’s Homeland Security Investigations, (HSI) Miami, announced the results of international operation targeting weapons traffickers, mainly directed at criminal organizations in Brazil. The operation resulted in a total of 25 arrests and 53 search warrants executed in the U.S., Argentina, and Brazil.  Over the course of the operation, law enforcement seized 5,300 firearms and components, 167 explosive/ordinances, and 15 silencers from the transnational criminal organizations (TCOs). HSI Miami started the investigation into the TCO smuggling large amounts of weapons parts and accessories from the U.S. to Argentina and Brazil.  The TCO exploited the U.S. Postal Service by illegally exporting weapon parts and ammunition regulated by the International Trafficking in Arms Regulations without the proper State Department licenses.  During the investigation several HSI offices, as well as Argentinian and Brazilian authorities, have conducted multiple search warrants and arrests resulting in the seizure of significant quantities of firearms, firearms parts, and more than $100,000 cash.

Frustration Grows over Execution of ECtHR Judgments in the CIA Extraordinary Rendition Cases

Friday, July 12, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
7
Abstract: 

On June 4-6, 2019, the Committee of Ministers of the Council of Europe met at their 1348th session to debate the state of execution of judgments under enhanced supervision. They included four rulings delivered in the CIA extraordinary rendition cases against Lithuania, Poland, and Romania. In their decisions concerning each of these states, the Ministers expressed their frustration that despite both the Committee’s and each of the three countries not much progress has been achieved and in one respect – that is, the assurances from the U.S. government – the state of the matter has not changed at all. The Ministers have been desperately trying to move the matter forward for several years, despite the fact that on February 26, 2016, Pedro Agramunt, the President of the Parliamentary Assembly of the Council of Europe (PACE), announced that the inquiry under Article 52 of the European Convention on Human Rights has fulfilled its purpose and declare it closed.

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