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.

Human Rights Watch Reports Crimes Against Humanity in Syria

[caption align=right]© 2011 Human Rights Watch[/caption]

Human Rights Watch released a report on Friday, November 11, 2011, condeming the actions of the Syrian government in the city of Homs.  According to the report, over a hundred civilians have been killed for protesting since the beginning of November.  The report also documented cases of prisoners being tortured and killed by Syrian security forces.  HRW called for Syria's suspension from the Arab League, for international sanctions, and for Syrian leaders to be brought before the International Criminal Court.

ICC Opens Possibility of Investigating NATO

The International Criminal Court is considering an investigation of NATO's actions during its campaign in Libya, according to some NATO officials.  As NATO is not a signatory to the ICC treaty, individual member nations might be signaled out instead for violations of wartime conventions.  The possible ICC probe follows comments by Russia and China that NATO overstepped the authority given it by the United Nations Security Council in toppling the Gaddafi regime in Libya.

Citation: Slobodon Lekic and Mike Corder, AP Exlcusive: NATO may face ICC Probe, Associated Press, November 11, 2011.

US Assitant Attorney Gen. Responds to Proposed FCPA Reforms

On November 8, 2011, Assistant Attorney General of the U.S. Lanny A. Breuer, speaking at the 26th National Conference on the Foreign Corrupt Practices Act (FCPA), responded indirectly to calls by the business and criminal justice communities to reform the FCPA.  He said that the U.S. government will not support reforms whose purpose is to diminish the FCPA and make it more difficult to fight foreign bribery.  He noted that world trend towards strengthening anti-corruption (i.e., the UK Bribery Act that took effect in July and the Russian recent enactment of an anti-bribery law as well as the Russian ratification of the UN Convention against corruption and its anticipated accession to the OECD Anti-Bribery Convention.

In an apparent response to criticisms, among others by the Chamber of Commerce and the National Association of Criminal Defense Lawyers, Mr. Breuer promised to develop a "lay person's guide" to the FCPA and in 2012 to release detailed new guidance on the FCPA's criminal and civil enforcement provisions.  At a hearing on June 14, 20111 of the Subcommittee on Crime, Terrorism and homeland Security, the business and legal community said parts of the FCPA were ambiguous and without sufficient guidance.  See Bruce Zagaris, U.S. Congress Holds Hearing on Reforming the Foreign Corrupt Practices Act, 27 Int'l Enforcement L. Rep. 850 (Aug. 2011).

Seven Indicted in International Cybercrime Operation

Six Estonians and one Russian national were recently indicited by the U.S. government for infecting millions of computers in over a hundred countries with a malware program that rerouted users to advertizing sites.  The FBI, in an investigation dubbed "Operation Ghost Click," traced the comptuer hijacking to a company in Estonia called Rove Digital.  The six Estonians were arrested, and face extradition to the United States, while the Russian remains at large.

Citation: FBI 'Operation Ghost Click' raid shuts down cyber criminals, The Telegraph, November 10, 2011.

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.  

 

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