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.

IBA Issuance of Report on Legal Professional Privilege Highlights Growing Controversy

Thursday, February 17, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
2
Abstract: 

On January 18, 2022, the International Bar Association (IBA) released a statement defending the principle of lawyer client confidentiality from “international attack”.  In its 30 page statement, the IBA classifies the principle of lawyer-client confidentiality as a fundamental tenet of the rule of law and cautions that this principle is under attack by bodies that investigate international corruption.

 

U.S. Court of Appeals Rules Foreign Governments Can Use Letters Rogatory or MLAT Requests

Friday, February 11, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
2
Abstract: 

On February 7, 2022, the Department of State Secretary Anthony J. Blinken announced that the United States government is declassifying and publicizing the inclusion of former Honduran president Juan Orlando Hernandez on the U.S.’ Corrupt and Undemocratic Actions list, under Section 353 of the United States-Northern Triangle Enhanced Engagement Act (NTEEA), as amended.[1]



[1]    U.S. Department of State, U.S. Actions against Former Honduran President Juan Orlando Hernandez for Corruption, Feb. 7, 2022.

 

U.S. Places Former Honduran President on List of Corrupt Officials

Friday, February 11, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
2
Abstract: 

On February 7, 2022, the Department of State Secretary Anthony J. Blinken announced that the United States government is declassifying and publicizing the inclusion of former Honduran president Juan Orlando Hernandez on the U.S.’ Corrupt and Undemocratic Actions list, under Section 353 of the United States-Northern Triangle Enhanced Engagement Act (NTEEA), as amended.[1]



[1]    U.S. Department of State, U.S. Actions against Former Honduran President Juan Orlando Hernandez for Corruption, Feb. 7, 2022.

 

U.S. Indictment Charges PRC-Based Telecom Company with Conspiracy to Steal Technology from Motorola

Thursday, February 10, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
2
Abstract: 

On February 7, 2022, a federal indictment unsealed in the United States District Court in the Northern District of Illinois charges Hytera Communications Corporation Ltd. (Hytera), a company based in Shenzhen, P.R.C., with conspiracy to steal trade secrets.  The indictment alleges that Hytera conspired with former employees of Motorola Solutions Inc. to steal digital mobile radio (DMR) technology developed by Motorola.[1]  The indictment has redacted all the names of the defendants, except Hytera.[2]



[1]    U.S. Department of Justice, Federal Indictment Charges PRC-Based Telecommunications Company with Conspiring with Former Motorola Solutions Employees to Steal Technology, Press Release No. 22-20, Feb. 7, 2022.

[2]    United States v. Hytera Communications Corporation Ltd., U.S. District Court N.D. Ill., Case No. 20 CR 688, Indictment., May 11, 2021 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fwww.justice.gov%2Fopa%2Fpress-release%2Ffile%2F1469761%2Fdownload&clen=1....

 

New Swiss Ordinance on Child Labor and Conflict Mining in the Supply Chain Takes Effect

Thursday, February 10, 2022
Author: 
Alexander Mostaghimi
Volume: 
38
Issue: 
2
Abstract: 

In December 2021, the Swiss Federal Council posted the final Ordinance specifying new due diligence requirements in an endeavor to avoid the use of child labor and conflict minerals in the Swiss supply chain.  The Ordinance entered into force on January 1, 2022 and Swiss businesses will need to begin filing on January 1, 2023. 

South Africa Publishes Study on Illicit Financial Flows Associated with International Wildlife Trafficking

Friday, February 4, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
2
Abstract: 

In November 2021, the South African Anti-Money Laundering Integrated Task Force (Samlit), a private-public partnership established by the Financial Intelligence Center, published a report on the illicit financial flows associated with international wildlife trafficking (IWT).[1]  The report is the first of its kind.



[1]    South African Anti-Money Laundering Integrated Task Force (SAMLIT) , Financial Flows Associated With Illegal Wildlife Trade in South Africa (Nov. 2021)  chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fwww.fic.gov.za%2FDocuments%2FSAMLIT_IWT%2520Report_November2021.pdf&chun....

 

 

Report Recommends UK Plug Gaps in Illegal Wildlife Trade and Illicit Finance

Thursday, February 3, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
2
Abstract: 

On January 19, 2022, the Royal United Services Institute for Defense and Security Studies (RUSI)  published the Whitehall Report on Illegal Wildlife Trade and Illicit Finance in the UK.  It is the first independent study to address the UK’s exposure and response to IWT-linked illicit finance.

 

Former Kansas School Teacher Faces Prosecution in U.S. Courts for Supporting ISIS

Thursday, February 3, 2022
Author: 
Alexander Mostaghimi
Volume: 
38
Issue: 
2
Abstract: 

On January 31st, 2022, former Kansas school teacher and resident, Allison Elizabeth Fluke-Ekren, made her first court appearance in Alexandria, Virginia after being charged with plotting multiple bomb attacks in the United States and training an all-female battalion for the Islamic State (ISIS), as well as her involvement in another terror group in Libya.[1]

Council of Europe Adopts Resolution on Poisoning of Alexei Navalny

Wednesday, February 2, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
2
Abstract: 

At its 6th sitting held on January 26, 2022, the Parliamentary Assembly of the Council of Europe (PACE) adopted Resolution 2423 (2022) on poisoning of Alexei Navalny in January 2021. The debate and the Resolution were based on a Report prepared by the Committee on Legal Affairs and Human Rights.[1]

The Regulation of Autonomous Sanctions in Australia

Tuesday, February 1, 2022
Author: 
Konstantinos D. Magliveras
Volume: 
38
Issue: 
2
Abstract: 

The term ‘autonomous sanctions’ denotes unilateral measures of a punitive nature (sanctions), which are ordered by a state against third states, and which target the governments or the regimes in power and/or individuals and companies located / registered in such third states. Moreover, ‘autonomous’ signifies that these measures are applied irrespectively of any punitive measures against the same third states ordered by the Security Council (SC) of the United Nations (UN) in pursuance of its powers and under the authority prescribed in Chapter VII of the UN Charter. It follows that they are freestanding punitive measures, independent of UNSC punitive action. Indeed, they may be inflicted even if, for whatever reason, the UNSC has not taken, or has been prevented from ordering sanctions against recalcitrant states, their governments and officials and their concomitant organizations, etc.

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