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.

U.S. Justice Department Ends China Initiative

Friday, March 18, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
3
Abstract: 

On February 23, 2022, the new head of the National Security Division (NSD), Assistant Attorney General Matthew Olsen announced the termination of the Department of Justice’s (DOJ) China Initiative.  The announcement followed a months-long review after criticism from civil rights groups, academics and scientists about the adverse effects caused by the initiative.[1]



[1]    Ryan Lucas, The Justice Department is ending its controversial China Initiative, NPR, Feb. 23, 2022.

 

U.K. Supreme Court Does Not Allow Assange Appeal of Extradition to the U.S.

Friday, March 18, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
3
Abstract: 

On March 14, 2022, the British Supreme Court refused to hear an appeal from Julian Assange to stop his extradition to the United States, stating his petition “does not raise an arguable point of law.”[1]



[1]    Rachel Weiner, U.K’s top court won’t hear Assange’s extradition appeal, Wash. Post,  Mar. 15, 2022, at A5, col. 1.

 

Smithsonian Institute Plans to Return Benin Bronzes to Nigeria

Friday, March 18, 2022
Author: 
Alexander Mostaghimi
Volume: 
38
Issue: 
3
Abstract: 

On March 11, 2022, the Smithsonian Institute announced that most, but not all, of their 39 Benin Bronzes are marked for return to Nigeria’s National Commission for Museums and Monuments (NCCM).  The Institution’s spokesperson, Linda St. Thomas, said that officials will determine whether to return the remaining artifacts once they are verified as being stolen.

 

ICJ Indicates Provisional Measures Against Russia in the Context of Military Aggression Against Ukraine

Friday, March 18, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
3
Abstract: 

On March 16, 2022, the International Court of Justice delivered its Order on the Request for the indication of provisional measures submitted by Ukraine in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation).[1]



* Professor Plachta specializes in criminal law and international criminal law. He has authored numerous publication on a wide range of problems concerning law enforcement and international cooperation in criminal matters. He currently teaches criminal law and European criminal law at the University of Security in Poznan, Poland.

[1] ICJ, The Court indicates provisional measures, Press release No. 2022/11, March 16, 2022.

 

European Court Adopts Ukraine’s Request for Interim Measures Against Russia

Friday, March 11, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
3
Abstract: 

The ongoing aggression by Russia against Ukraine has been debated and considered at various fora: UN Security Council, UN General Assembly, UN Human Rights Council, Council of Europe, European Union, International Criminal Court, International Court of Justice, and European Court of Human Rights (ECtHR).

 

FATF Plenary Agrees to Revise Beneficial Ownership Rules, Issues Guidance for Real Estate, and Completes Study on Laundering from Migrant Smuggling

Friday, March 11, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
3
Abstract: 

On March 4, the sixth Plenary of the FATF, under the German presidency of Dr. Marcus Pleyer, concluded.  It was a hybrid meeting (in person and virtual).

English Appellate Court Gives Partial Victory to Danish Tax Authority on Cum-Ex Case

Friday, March 11, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
3
Abstract: 

On February 25, 2022, the English Court of Appeal overturned a decision by the High Court[1] that the common law revenue prevents the Danish Revenue Authority (“SKAT”) from recovering withholding tax (“WHT”) refunds on the basis that refund claims were fraudulently made. [2]



[1]    SKAT v. Solo Capital [2021] EWHC 974.

[2]    SKAT v. Solo Capital [2022] EWCA 234.

 

Nigerian Cop Poster Boy Will Face Extradition Proceedings for Bribes Received from Money Laundering Instagrammer

Friday, March 4, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
3
Abstract: 

On March 3rd, the Nigerian Minister of Justice and Attorney General of the Federation, Abubakar Malami, filed an application to the Federal High Court for the extradition of former Nigerian “supercop” Abba Kyari to the United States for his alleged link to suspected money launderer Ramon Abbas.  Three weeks prior, Kyari and four other police officers were arrested for their alleged involvement in a cocaine smuggling cartel.  Now, he faces likely extradition to the United States for previous charges wherein he is suspected of taking bribes from alleged Instagram fraudster, Ramon Abbas.

Treasury Department’s New Study on Money Laundering and Terror Financing in the Art World

Friday, March 4, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
3
Abstract: 

On February 4, 2022, the Treasury Department released its findings concerning money laundering and terror financing in the art market.  More specifically, the study tackles the emerging New Fungible Token (NFT) markets that have exploded in recent months.

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