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.

US Treasury Issues Notice of Proposed Rulemaking on Customer Due Diligence Obligation on Financial Institutions

On February 29, 2012, the Financial Crimes Enforcement Network (FinCEN) issued an advance notice of proposed rulemaking (ANPRM) to solicit public comment on a wide range of questions pertaining to the possible application of an explicit customer due diligence (CDD) obligation on financial institutions, including a requirement for financial institutions to identify beneficial ownership of their accountholders.

Former Nigerian State Governor Pleads Guilty to Laundering of Public Funds

On February 27, 2012, former governor of the Nigerian state of Delta pled guilty in a UK court to ten countrs of money laundering and conspiracy to defraud.  The British prosecutor accused him of stealing US $250 million over an eight-year period from public funds of Delta.   

In 2010, he was arrested in Dubai and later extradited to the U.K.

The conviction will be seen as a victory for better governance and integrity policies and as a step towards preventing and recovery stolen public assets.



Salvadoran Defense Minister Faces Deportation

General Eugenio Vides Casanova, the former defense minister of El Salvador, may be deported from the United States, a U.S. judge ruled this week.  Mr. Casanova is accused of torturing four Americans and killing two others during the early 1980s.  A law passed in 2004 allows the government to refuse refuge to human rights abusers; Mr. Casanova now faces deportation under this law.  The ultimate decision to deport Mr. Casanova will be reached at a later date, now that the legal barriers are gone.


US Treasury Adds Japanese Organized Crime Group and its Leaders to SDN list

On February 23, the Office of Foreign Assets Control, US Department of Treasury, added to its Specially Designated Nationals list of sanctioned persons the largest organized-crime group in Japana, Yamaguchi-gumi, its reputed "godfather," Kenichi Shinoda, and its "deputy godfather," Kiyoshi Takayama.

For the announcement and other persons just added to the list see the link below.

The new listing illustrates how the SDN list contains entities as well as individuals and alleged organized crime persons as well as alleged terrorists.

SEC Charges 3 Oil Services Executives with Paying Bribes to Nigerian Officials

On February 24, 2012, the Securities and Exchange Commission charged three oil services executives with violating the Foreign Corrupt Practices Act (FCPA) by participating in a bribery scheme to obtain illicit permits for oil rigs in Nigeria in order to retain business under lucrative drilling contracts.

Reitred British Businessman Loses Extradition Fight and Is Sent to the U.S.

On February 24, 2012, retired British businessman Christopher Tappin, 65 years of age, flew  to Texas to await trial after losing his two-year battle against extradition.     Mr Tappin, who is accused of conspiring to sell components for Iranian missiles, met marshals at the Heathrow police station before being flown to the U.S. where he could face 35 years in jail.  The Tappin extradition case is one in a long line of contentious and controversial extradition cases in the U.K. involving the U.S.

ICC Expands Ivory Coast Probe

The International Criminal Court (ICC) has broadened its investigation into violence and crimes against humanity committed in Ivory Coast to cover atrocities dating back to 2002, in a recent decision handed down by ICC judges. The ICC has already indicted former Ivory Coast president Laurent Gbagbo for crimes related to the 2010 elections.  

U.S. Files Superseding Indictment in Megaupload Case

The U.S. government has filed a superseding indictment in its case against and  The new indictment clarified some statements regarding the sources of income for the websites, and their number of users.  It also added assets belonging to the organization, raising its value substantially, and added counts of criminal copyright infringment, conspiracy to commit money laundering, and conspiracy to commit wire fraud.  The new indictment expands what was already a massive case against, which has so far resulted in the arrest of 5 individuals from multiple countries and the seizure of $50 million in assets.

U.S. Chamber of Commerce Requests FCPA Clarification

The Chamber of Commerce has sent a letter to the Department of Justice (DOJ), asking for clarification on what constitutes a bribe under the Foreign Corrupt Practices Act (FCPA).  The DOJ has been concluding a string of high-profile FCPA prosecutions, but the aggressive actions by the government have raised questions about how it enforces the law, according to the Chamber of Commerce.  The head of the DOJ's Criminal Division has promised that clarification would be forthcoming, while the Chamber of Commerce also continues its legistlative campaign to amend the law. 

Chamber of Commerce Guidance Letter.

FATF Issues Revised Recommendations

The Financial Action Task Force (FATF) has issued revised recommendations on the International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation.  According to FATF, the main changes to the recommendations include: 

  • Combating the financing of the proliferation of weapons of mass destruction through the consistent implementation of targeted financial sanctions when these are called for by the UN Security Council. 
  • Improved transparency to make it harder for criminals and terrorists to conceal their identities or hide their assets behind legal persons and arrangements. 
  • Stronger requirements when dealing with politically exposed persons (PEPs).
  • Expanding the scope of money laundering predicate offences by including tax crimes.
  • An enhanced risk-based approach which enables countries and the private sector to apply their resources more efficiently by focusing on higherrisk areas.
  • More effective international cooperation including exchange of information between relevant authorities, conduct of joint investigations, and tracing, freezing and confiscation of illegal assets. 
  • Better operational tools and a wider range of techniques and powers, both for the financial intelligence units, and for law enforcement to investigate and prosecute money laundering and terrorist financing.
For more information, see the FATF press release.


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