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.

The “China Initiative”: The U.S. Department of Justice’s Country Specific Focus on the People’s Republic of China

Wednesday, September 30, 2020
Author: 
Dennis Boyle
Volume: 
36
Issue: 
10
Abstract: 

Allegations by the American Administration of intellectual property theft emanating from the People’s Republic of China (PRC) are not new. In June 2018, the White House Office of Trade and Manufacturing Policy issued a report entitled “How China’s Economic Aggression Threatens the Technologies and Intellectual Property of the United States and the World.”[1] In the 35-page Report, the Administration accuses the Chinese government itself of engaging in “two major strategies and various acts and practices . . .seeking to acquire the intellectual property and technologies of the world and to capture emerging high-technology industries that will drive future economic growth.”[2] Of course, many countries, including the United States, would like to dominate future intellectual property and technology development and growth as a means of securing economic prosperity. China is different from other countries, according to the Report, because of its systematic use of criminal activity authorized at the highest levels of the government and the Communist Party of the PRC.

 

No Innocence for Inocente: Spain Sentences Former El Salvadoran Colonel to 133 Years in Prison Pursuant to Universal Jurisdiction for Atrocities during the Civil War

Wednesday, September 30, 2020
Author: 
Mitchell Beebe
Volume: 
36
Issue: 
10
Abstract: 

            Spain’s National Court convicted Ex-El Salvador military leader, Inocente Orlando Montano Morales, to 133 years in prison for the murder of five Spanish Jesuit priests. Justice was carried out nine years after Mr. Montano was first taken into custody in the U.S. for immigration fraud charges and subsequently extradited to Spain in 2017. The decision vindicated Spain’s universal jurisdiction law and may ultimately lead to reconciliation for the people of El Salvador.

U.S. Indicts Oil Trader for Bribery and Money Laundering on Payments to Ecuadorian Officials

Wednesday, September 30, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

                On September 22, 2020, a federal grand jury in the U.S. District Court for the Eastern District of New York indicted a trader at the U.S. subsidiary of a multinational oil distributor and trading company (Trading Company) for his alleged participation in a five-year international bribery and money laundering scheme involving corrupt payments to Ecuadorian officials.[1]



[1]    U.S. Department of Justice, Oil Trader Indicted in International Bribery and Money Laundering Conspiracy Involving Corrupt Payments to Ecuadorian Officials, Press Rel. No. 20-984, Sept. 22, 2020.

 

 

European Authority Calls for More Robust Tax Information Exchange to Counter Withholding Tax Fraud

Wednesday, September 30, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

                On September 23, 2020, the European Securities and Market Authority (ESMA) issued a report, calling for more robust exchange of information on request to counter the increasing amount of alleged large-scale tax fraud schemes known as “Cum/Ex.”  ESMA’s report responded to the Resolution 2018/2900 (RSP) adopted on November 29, 2018 by the European Parliament, requesting ESMA to perform a study into dividend arbitrage, Cum/Ex and Cum/Cum schemes.[1]



[1]    European Securities and Market Authority (ESMA), Final Report on Cum/Ex, Cum/Cum and Withholding Tax Reclaim Schemes, ESMA 70-155-20172, Sept. 23, 2020 https://www.esma.europa.eu/document/final-report-cum-ex-and-other-multiple-withholding-tax-reclaim-schemes.

 

 

British Share Evidence with the U.S. to Prosecute ISIS ‘Beatles’ After UK Approves

Friday, September 25, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On September 22, 2020, the British government shared evidence with the United States Department of Justice to prosecute the ISIS ‘Beatles’ after the Queen’s Bench Division of the High Court of Justice ruled that the mother of El Shafee Elsheikh, one of the defendants, has no more grounds to block the transfer of criminal evidence to U.S. prosecutors.[1]



[1]   Ellen Nakashima and Rachel Weiner, British court allows U.S. to prosecute ISIS ‘Beatles’, Wash. Post, Sept. 23, 2020.

 

 

The (Unfinished Story of the) Hybrid Court for South Sudan

Friday, September 25, 2020
Author: 
Konstantinos D. Magliveras*
Volume: 
36
Issue: 
10
Abstract: 

The Republic of South Sudan is the newest sovereign state in the world. It was created in record time in the summer of 2011 and it was also in record time that it was admitted to membership in the United Nations (UN) and the African Union (AU). Unfortunately, soon after gaining independence, South Soudan met the fate that so many other African states have experienced upon gaining independence, namely hostilities between government forces and opposition forces, coups d’état, and ethnic tensions (unavoidable in Africa) leading to civil wars with an enormous human toll. Given that the civil war in South Soudan lasted from December 2013 until February 2020, the history of this country has been intricately linked to the perpetration of atrocious crimes on a large scale, including the alleged used of starvation as a tactic for collective punishment of population groups, sexual violence, the use of children as soldiers, etc. While in the past impunity of those accused of committing atrocities was the order of the day, in more recent times Africa has made strides in ensuring that alleged perpetrators will be brought to trial and, if found guilty, punished. This brief article will examine the establishment of a court of justice with criminal jurisdiction to determine culpability in the South Sudanese Civil War. This judicial institution, if and when it becomes operative, will be the Hybrid Court for South Sudan.

Israel Court Rules Accused Israeli Pedophile Can Be Extradited to Australia

Friday, September 25, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On September 21, 2020, the Jerusalem District Court ruled Malka Leifer, a former educator who is accused of sexually abusing several former students, can be extradited to Australia on charges of child sex abuse. Leifer has fought extradition from Israel since 2014. The length of the extradition proceedings have strained relations between Israel and Australia.[1]



[1]    Ilan Ben Zion, Associated Press Israel court says woman can be extradited in child sex case, abcnews.go.com, Sept. 21, 2020.

 

 

U.S. Secretary of State Makes Historic Visit to Suriname and Guyana and Promises More Law Enforcement Assistance

Monday, September 21, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On September 17-18, 2020, U.S. Secretary of State Michael Pompeo made the first visit  of any U.S. Secretary of State to Suriname and Guyana. It coincided with promises that the U.S. would increase its technical assistance with respect to law enforcement and national security issues in both countries.

Pakistan Parliament in Joint Sitting Enacts 3 FATF Related Bills

Monday, September 21, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

                In a joint sitting on September 16, 2020, Pakistan’s parliament approved three anti-money laundering and counter-terrorism financial enforcement (AML/CFT) bills in an effort to get off the Financial Action Task Force’s (FATF’s) blacklist.[1]



[1]    Omer Farooq Khan, Pakistan parliament passes three FATF related bills amid opposition, Times of India, Sept. 16, 2020.

 

 

U.S. Brings Criminal Complaint and Imposes Sanctions against Russians for Election Interference

Thursday, September 17, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On September 10, 2020, the U.S. Attorney for the Eastern District Virginia brought a criminal complaint against a Russian national for his alleged role in a conspiracy to use the stolen identities of real U.S. persons to open fraudulent accounts at banking and cryptocurrency exchanges.[1]  Also on September 10, 2020, the U.S. Treasury Department imposed sanctions against Andriy Derkach, a member of the Ukrainian Parliament, saying he has been “an active Russian agent for over a decade” and accusing him of disseminating “edited audiotapes” and “unsubstantiated allegations against U.S. and international political figures.” The Treasury Department also imposed sanctions against three employees of the Internet Research Agency (IRA).  IRA is a troll farm in Russia that disseminated disinformation on social media as part of the Russian election interference campaign in 2016.



[1]    U.S. Department of Justice, Russian Project Lakhta Member Charged with Wire Fraud Conspiracy, Press Rel. 20-902, Sept. 10, 2020.

 

 

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