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-Swiss Tax Enforcement Discussions

On November 7, 2011, Tax Notes International carried an article by a Swiss practitioner, Walter H. Boss, and a U.S. practitioner, William M. Sharp Sr. on the pending negotiations betwen the U.S. and Swiss governments on a potential global tax settlement concerning the Swiss banking data in the context of Swiss banking secrecy. 

The article is the latest of a series of cutting-edge articles and analysis by Bill Sharp, who has focused on the U.S. offshore voluntary disclosures, especially involving Switzerland.  The IELR will carry an article by Sandrine Giroud and some of her colleagues at the Swiss law firm of Lalive entitled "Switzerland: Varying Standards in the Exchange of Information in Tax Matters in the Wake of the UBS case and the German and UK Double Taxation Agreements."

Citation:  Walter H. Boss and William M. Sharp Sr., The Swiss-U.S. 'Turnover' Ground Rules:  A Technical Update, 64 Tax Notes International 423 (Nov. 7, 2011).

Cleared Guantanamo Detainees Still Imprisoned

Prisoners at the U.S. military prison at Guantanamo Bay, Cuba, who have been scheduled for transfer or release remain in prison due to conflicting congressional regulations and President Obama's inaction.  A law passed in 2011 requires the defense secretary to certify that freed inmates would not "engage or reengage in any terrorist activity," a requirement that has so far prohibited the release of any prisoners.  President Obama has so far declined to attempt to circumvent the 2011 law. 

Citation: Peter Finn, Detainees cleared for release are still waiting, The Washington Post, November 8, 2011.

Credit Suisse to Surrender Names of U.S. Clients to IRS

[caption align=right]Photo by Gorka Montiel[/caption]

Switzerland's second largest bank, Crediut Suisse, has reached an agreement with the IRS to turn over names of U.S. citizens suspected of tax evasion.  The U.S. government has been pressuring the Swiss government and Swiss banks to aid the IRS in persuing tax evaders, who are suspected of costing the United States billions of dollars in lost revenue.

Citation: Lynnley Browning, Exclusive: Credit Suisse will disclose names of U.S. clients, Reuters, November 7, 2011.

Carlos the Jackal on Trial in France

Venezuelan terrorist Ilich Ramirez Sanchez, who is already serving a life sentence for murder, is on trial in France for charges related to terrorism.  The "professional revolutionary," is believed to be responsible for four bombings in France during the early 1980s.  Mr. Sanchez was one of the most infamous terrorists during the 1970s and 1980s. 

Citation: AP, Defiant Carlos the Jackal, calling himself 'professional revolutionary', on trial in France, The Washington Post, November 7, 2011. 

UN Panel Decries Resurgence of Mercenaries

A panel of experts at the United Nations reported that the rising use of mercenaries and private security companies around the world often violates human rights and impedes the exercise of democracy.  Noting the recent examples of mercenary use in Libya and Côte d’Ivoire, along with long-standing allegations against private contractors in Afghanistan and Iraq, the panel recommended that the international community take action and regulate the use of mercenaries.  

 

Path Cleared for Extradition of WikiLeaks Founder

Julian Assange, the founder of WikiLeaks, can be extradited to Sweden to face questioning over alleged sexual abuse, London's High Court has ruled.  Assange has 14 days to appeal the ruling to the Supreme Court of the United Kingdom.

Citation: Ravi Somaiya, WikiLeaks Founder Can Be Extradited to Sweden in Sex Abuse Case, The New York Times, Nov. 2, 2011

Billion-Dollar Smuggling Operation Broken Up

Law enforcement officials in the United States annoucned the break up of a major drug-smuggling operation with ties to the Sinaloa Cartel in Mexico.  The drug-ring had smuggled billions of dollars worth of cocaine and marijuana over the U.S-Mexican border before being shut down.

Citation: Marc Lacey, 76 Arrested as Officials Break Up Mexico-to-Arizona Drug-Smuggling RingThe New York Times, October 31, 2011

ECHR Allows for Rwandan Genocide Suspect's Extradition

[caption align=right ]Council of Europe CreditsCouncil of Europe Credits[/caption]

The European Court of Human Rights (ECHR) ruled on Thursday that Sylvère Ahorugeze, a Rwandan national currently residing in Sweden, may be extradited back to Rwanda to face charges of commiting genocide and crimes against humanity.  Mr. Ahorugeze, who is currently in police custody in Sweden, has denied the charges and argued that he would not receieve a fair trial if extradited to Rwanda.  The ECHR found that Rwanda had made sufficient improvements to its court system to allow for a fair trial and had abolished cruel and unusual forms of punishment.  The court ruled unanimously that the extradition would not violate the Convention for the Protection of Human Rights and Fundamental Freedoms.

Citation: Ahorugeze v. Sweden, no. 37075/09, ECHR 2011.

ICC Negotiating Saif Gaddafi's Surrender

The International Criminal Court is negotiating a surrender agreement with Saif al-Islam, the son of ex-Libyan dictator Muammar Gaddafi.  Saif al-Islam and an associate have been charged with crimes against humanity, and were referred to the ICC by the United Nations Security Council.  

Citation: Samia Nakhoul, Gaddafi son, intelligence chief "want to surrender", REUTERS, October 26, 2011.

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