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.

Czech Court Orders Release of Top Kurdish Official Despite Turkey’s INTERPOL Red Notice Request

Friday, March 9, 2018
Author: 
Zarine Kharazian
Volume: 
34
Issue: 
3
Abstract: 

On Tuesday, February 27, 2018, a Czech court ordered the release of a top Kurdish official despite an INTERPOL Red Notice request submitted by Turkish authorities, the Czech News Agency reported. The official, Salih Muslim, 67, is the foreign affairs spokesman for the Movement for a Democratic Society, a polyethnic leftist coalition based in northern Syria and former co-chair of the Democratic Union Party (PYD), a prominent Kurdish opposition party in Syria. The Turkish government considers PYD a terrorist organization, alleging that the party has links to Kurdish insurgents that Turkey believes to be responsible for terrorist attacks that killed dozens in the country.

 

OECD Issues Consultation Document on Preventing Abuse of Residence by Investment Schemes to Circumvent the CRS

Friday, March 2, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
3
Abstract: 

On February 19, 2018, the OECD issued a consultation document on preventing the abuse of residence by investment schemes to circumvent the CRS.  The OECD is looking into the use of “residence by investment” (RBI) or “citizenship by investment” (CBI) schemes that allow individuals to obtain citizenship or temporary or permanent residence rights in exchange for local investments or against a flat fee.

FinTRAC Issues Operational Alert on Laundering Proceeds of Fentanyl as Media Exposes Real Estate Lending from Fentanyl Sales

Friday, March 2, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
3
Abstract: 

 On January 31, 2018, the Financial Transactions and Reports Analysis Centre of Canada (FinTRAC) issued alerts concerning the laundering of the proceeds of fentanyl trafficking.

U.S. Treasury Issues New N. Korean Sanctions Targeting Shipping and Trading Companies

Friday, March 2, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
3
Abstract: 

On February 23, 2018, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced the largest North Korea-related sanctions tranche, directed at disrupting North Korean shipping and trading companies and vessels to further isolate the regime and advance the U.S. pressure campaign.  The action targets one individual, 27 entities, and 28 vessels located, registered, or flagged in North Korea, China, Singapore, Taiwan, Hong Kong, Marshall Islands, Tanzania, Panama, and Comoros.  Also on February 23, 2018, Treasury, along with the U.S. Department of State and U.S. Coast Guard, issued an advisory alerting the public to the significant sanctions risks to those continuing to enable shipments of goods to and from North Korea.

Mueller Indicts 13 Russian Nationals with Crimes Related to 2016 Election-Meddling

Friday, February 23, 2018
Author: 
Bruce Zagaris and Zarine Kharazian
Volume: 
34
Issue: 
2
Abstract: 

On Friday, February 16, 2018, The DOJ Special Counsel’s Office released a 37-page indictment charging the Internet Research Agency, a Russian organization, as well as thirteen Russian nationals who carried out the organization’s mission in the U.S, with crimes related to meddling in the U.S. political system, including in the 2016 presidential election.

UN Special Rapporteur’s Report on the Promotion and Protection of Human Rights while Countering Terrorism

Friday, February 23, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
2
Abstract: 
On February 9, 2018, the United Nations Secretary-General transmitted to the Human Rights Council the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Fionnuala Ni Aoláin. The report was submitted in accordance with Assembly resolution 72/180 and Human Rights Council resolutions 31/3 and 35/34.

Rabobank Pleads Guilty to Conspiracy to Commit An Offense Against The U.S. and Conspiracy To Defraud The U.S., Agrees To Forfeit $368 Million

Friday, February 23, 2018
Author: 
Dennis E. Boyle
Volume: 
34
Issue: 
2
Abstract: 

On February 7, 2018, Rabobank N.A. (Rabobank), a California-based subsidiary of Cooperatieve Rabobank U.A.,  a Dutch multinational banking company, entered a guilty plea to a felony count of Conspiracy to Commit an Offense against the U.S. and to Defraud the U.S. in violation of 18 U.S.C. Section 371.  It also agreed to forfeit $368,701,259 in money laundering proceeds that the bank permitted to pass through its accounts. In essence, Rabobank admitted that it allowed narcotics traffickers, human traffickers and other criminals to use its banking branches to engage in structuring and money laundering, failed to file, or at least to file timely, Suspicious Activity Reports (SAR’s) for suspicious activities.  These unlawful activities continued from at least 2009 until 2012.

Despite Trial Complications, Trump Issues Order to Keep Guantanamo Bay Open Indefinitely

Friday, February 23, 2018
Author: 
Madeline Henshaw-Greene
Volume: 
34
Issue: 
2
Abstract: 

 On January 30, shortly before delivering his first State of the Union address, President Trump signed an executive order rolling back efforts by his predecessor, Barack Obama, to close Guantanamo Bay, vowing instead to keep it open indefinitely. Trump also indicated that he intends to use the prison to detain future terrorism suspects, which would be the first time in a decade that new prisoners have been brought into the facility. Although President Obama was unable to overcome opposition in order to close the facility for good, his administration was able to transfer a total of 196 of its prisoners overseas.  Now 41 detainees remain, only a small minority of who have ever been charged with a crime or completed trial in a military court.

European Parliament Forms Paradise Papers Committee to Respond to Financial Crime, Citizenship and Residence Tax, VAT Fraud, and Digital Tax Crimes

Friday, February 23, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
2
Abstract: 

On February 8, 2018, the Conference of Presidents of the European Parliament agreed to establish a Special Committee on financial crime, tax fraud and tax avoidance.  The Committee constitutes the 4th committee after TAXE, TAX2, and the Committee on Inquiry PANA.  The Committee is designed to respond to the publication of the Paradise Papers by the International Consortium of Investigative Journalists (ICIJ).

Justice Department and CFTC Team Up to Crackdown on Individuals, European Banks for Commodities Market Spoofing

Friday, February 16, 2018
Author: 
Zarine Kharazian
Volume: 
34
Issue: 
2
Abstract: 

On Monday, January 29, 2018, the Justice Department announced charges against eight individuals accused of manipulating U.S. commodities markets for financial gain. Seven of the eight individuals were charged with spoofing. Spoofing refers to a manipulative market tactic that involves the placing of hundreds to thousands of “spoof orders” – orders that the spoofer does not intend to trade – in order to incentive market participants to buy, sell, or trade at artificial prices. In doing so, spoofing fools market participants to make their investment decisions based on a false perception of supply and demand.

 

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