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.

INTERPOL Coordinates International Enforcement Operation Against Marine Pollution

Saturday, November 17, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
11
Abstract: 

 On November 13, 2018, INTERPOL announced that 30 Days at Sea, the code name for a month-long operation through October, had 276 law enforcement and environmental agencies across 58 countries detect more than 500 offenses, including illegal discharges of oil and garbage from vessels, shipbreaking, breaches of ship emissions regulations, and pollution on rivers and land-based runoff to the sea.[1]  This article discusses the operation of 30 Days at Sea and the work of the INTERPOL Pollution Crime Working Group, out of which the operation arises.

U.S. Indicts Chinese Intelligence Officers for Hacking and Stealing Aerospace Data; Attorney General Announces Initiative to Combat Chinese Economic Espionage

Saturday, November 17, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
11
Abstract: 

On October 30, 2018, John C. Demers, Assistant Attorney General for National Security, announced that for the third time since September, the National Security Division, with its U.S. Attorney partners, has brought charges against Chinese intelligence officers from the Jiangsu Province Ministry of State Security (“JSSD”), headquartered in Nanjing, a provincial foreign intelligence arm of the People’s Republic of China’s Ministry of State Security (“MSS”).   A grand jury indictment in the U.S. District Court for the Southern District of California charges that Chinese intelligence officers and people working under their direction, which included hackers and co-opted company insiders, conducted or otherwise enabled repeated intrusions into private companies’ computer systems in the U.S. and abroad for over five years.  The indictment alleges their goal was to steal, among other data, intellectual property and confidential business information, including information concerning a turbofan engine used in commercial airliners.[1]  On November 1, 2018, then Attorney General Jeff Sessions spoke announced a new initiative to combat Chinese economic espionage. 

U.S. Indicts Jho Low and Banker; Additional Banker Pleads in the 1MDB Case

Saturday, November 10, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
11
Abstract: 

On November 1, 2018, the United States Justice Department unsealed a three-count indictment in the U.S. District Court, Eastern District of New York, charging Low Taek Jho, 36, also known as “Jho Low,” and Ng Chong Haw, 51, also known as “Roger Ng,” with conspiring to launder billions of dollars embezzled from 1Malaysia Development Berhad (1MDB), Malaysia’s investment development fund, and conspiring to violate the Foreign Corrupt Practices Act (FCPA) by paying bribes to Malaysian and Abu Dhabi officials.  The indictment also charged Ng with conspiring to violate the FCPA by circumventing the internal accounting controls of Goldman Sachs, which underwrote more than $6 billion in bonds issued by 1MDB in three separate bond offerings in 2012 and 2013, while NG was employed at Goldman Sachs as managing directed.  Malaysian authorities arrested Ng pursuant to a provisional arrest warrant issued at the request of the U.S.  Low remains at large.

UK Supreme Court Allows Extradition to Poland despite Concerns over the Independence of the Judiciary

Saturday, November 10, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
11
Abstract: 

On October 31, 2018, the judges of the Administrative Court of the Royal Court Department of the High Court, considered the applications of Pawel Lis, Dariusz Lange and Piotr Chmielewski, noting “general concern about changes that the independence of the judiciary in Poland influence”, but acknowledging that “given the current state of affairs, there is no reason to refuse extradition to Poland.”

Trump Loses 3rd Time in a Row in Emoluments Case as Court Denies Request for Stay

Saturday, November 10, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
11
Abstract: 

On November 2, 2018, U.S. District Judge Peter J. Messitte in Greenbelt, Maryland denied the Justice Department’s request that he stay the case to permit an appellate court to intervene with respect to a lawsuit alleging he is violating the U.S. Constitution by doing business with foreign governments.

Saudi Foreign Minister Denies Turkey’s Extradition Request in Khashoggi Case

Saturday, November 3, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
11
Abstract: 
On October 27, 2018, Saudi Arabian Foreign Minister Adel al-Jubeir denied a request by Turkish President Recep Tayyip Erdogan to extradite the suspects in the killing of journalist Jamal Khashoggi in Turkey.  Instead, al-Jubeir said the Saudis would prosecute suspects in Saudi Arabia.

European Parliament Approves New Regulation on the Use of the Schengen Information System for Police and Judicial Cooperation

Saturday, November 3, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
11
Abstract: 
On October 24, 2018, the European Parliament approved a proposed regulation on the establishment, operation, and use of the Schengen Information System (SIS) in police and judicial criminal cooperation. This article summarizes the regulation.  

U.S. High-Level Justice Office Explains Implementation of Coordinated Corporate Resolutions

Saturday, November 3, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
11
Abstract: 
On October 18, 2018, Principal Deputy Assistant Attorney General John P. Cronan of the Justice Department’s (DOJ) Criminal Division in a speech at the Latin Lawyer/Global Investigations Review and Anti-Corruption and Investigations conference in São Paulo, Brazil, discussed the implementation of the DOJ’s coordinated resolutions policies announced on May 9, 2018.

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