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.

Canadian Court Finds Huawei CFO Extraditable to the U.S. on Fraud Charges

Friday, June 5, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

On May 28, 2020, in the case of United States v. Meng, 2020 BCSC 785, Associate Chief Justice Heather Holmes of the Supreme Court of British Columbia denied Wanzhou Meng’s request for an order discharging her from the extradition process on the basis that, as a matter of law, the “double criminality” requirement for extradition cannot be met.[1]

 

Canada Opens its Courts to Overseas Human Rights Abuses

Friday, June 5, 2020
Author: 
Peter Bowal and Thomas D. Brierton
Volume: 
36
Issue: 
6
Abstract: 
On February 28, 2020, the Supreme Court of Canada by a five-to-four majority in its Nevsun Resources Ltd v Araya decision, refused to strike damages claims for international human rights abuses and Canadian torts by three former workers at a Canadian majority-owned mining company in Eritrea.  Canadian courts are open to hear claims under Canadian law for wrongs committed outside Canada.

European Commission’s New AML/CFT Action Plan and Decision to Task New EU Agency with EU-Level Supervision

Saturday, May 30, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
6
Abstract: 

On May 7, 2020, the European Commission published an ambitious and multifaceted Action Plan, which sets out concrete measures that the Commission will take over the next 12 months to better enforce, supervise, and coordinate the EU's rules on combating money laundering and terrorist financing. The aim of this new, comprehensive approach is to shut down any remaining loopholes and remove any weak links in the EU's rules.[1

U.S. Arrests Former Green Beret and Son on Japanese Extradition Warrant for Helping Carlos Ghosn Escape

Saturday, May 30, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

On May 20, 2020, United States authorities detained former Green Beret Michael Taylor, 59, and his son Peter, 26, in Massachusetts on charges that they helped ex-Nissan boss Carlos Ghosn escape Japan last December.[1]

EU Proposes New Strategy Against Foreign Terrorist Fighters Returnees: Cumulative Prosecutions

Saturday, May 30, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
6
Abstract: 

Since, 2016, May 23, 2020 has marked the annual EU Day against Impunity for genocide, crimes against humanity, and war crimes. The Croatian Presidency of the Council of the European Union, the European Commission, Eurojust, and the Network for investigation and prosecution of genocide, crimes against humanity, and war crimes (the Genocide Network) co-organized this day.[1]

U.S. and Jersey Return $311.17 of Stolen Abacha Funds to Nigeria

Saturday, May 30, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
6
Abstract: 

On May 4, 2020, the United States Department of Justice (DOJ) announced the transfer of $311,797.876.11 to the Nigerian government pursuant to a February 3, 2020 trilateral agreement among the governments of the U.S., Nigeria, and Jersey.[1] The agreement repatriates assets the U.S. forfeited that were traceable to the kleptocracy of former Nigerian dictator Sani Abacha and his co-conspirators.[2]

Eni S.P.A. Charged Again for Violations of the Foreign Corrupt Practices Act

Saturday, May 23, 2020
Author: 
Miranda Bannister
Volume: 
36
Issue: 
5
Abstract: 

On April 17, 2020 the Securities and Exchange Commission (SEC) announced that the Italian multinational oil company Eni S.p.A. had agreed to settle charges that it had violated the Foreign Corrupt Practices Act in Algeria between 2007 and 2010.   The SEC charged the company, whose ADRs are listed on the New York Stock Exchange, with violating the books and records provision of the FCPA.  Details of the case resemble Eni's alleged violations of the FCPA in Nigeria in 2010, suggesting a pattern within the company and highlighting the high risk of corruption in the extractive industries.

Board of Immigration Denies Alien’s Asylum Request on Basis of Interpol Red Notice

Saturday, May 23, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
5
Abstract: 

On March 6, 2020, the Board of Immigration Appeals dismissed an appeal from a decision dated August 16, 2019, when an Immigration Judge denied the respondent’s applications for asylum, withholding of removal, and protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.  The decision determined that serious reasons exist to believe that the respondent alien had committed a serious nonpolitical crime prior to arriving in the United States.[1]

4th Circuit Court of Appeals Permits Emoluments Case against Trump to Continue

Saturday, May 23, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
5
Abstract: 

On May 14, 2020, the United States Court of Appeals, sitting en banc, by a  9-6 decision, overturned the decision of a smaller panel of the court, to allow the case to continue.[1] The District of Columbia and the State of Maryland (“Respondents”) filed the action in the District of Maryland against the President in his official capacity. 

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