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.

U.S. and UK Sign Cross-Border Data Access Agreement for Cross-Border Enforcement and Warn Facebook on Proposed Encryption

Thursday, October 10, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On October 3, 2019, the United States and United Kingdom concluded the first ever CLOUD Act Agreement.[1]  It will permit U.S. and British law enforcement agencies, with appropriate authorization, to demand electronic data concerning serious crime, including terrorism, child sexual abuse, and cybercrime, directly from tech companies based in the other country, without legal barriers.  Simultaneously, both governments and Australia’s Minister for Home Affairs published an open letter to Facebook, asking it to stop plans to implement end-to-end encryption across its messaging services.  On October 7, 2019, the U.S. and Australian governments announced they started negotiating a CLOUD Act Agreement.  Australia and the U.S. also held a roundtable on trusted technology ecosystems.

British Prime Minister Demands Return of U.S. Diplomat’s Wife for Auto Collision Killing Motorcyclist

Wednesday, October 9, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On October 7, 2019, British Prime Minister Boris Johnson called for the wife of a United States diplomat involved in an automobile crash that killed a British teenager riding a motorcycle to return to Britain.[1] After the crash, the British police talked to 42-year-old suspect Anne Sacoolas.  At the scene of the accident, Sacoolas, whose 12-year-old son was reportedly a passenger in the SUV, was hysterical and immediately took the blame, giving all her details including her British and U.S. cellphone numbers.[2

Council of Europe Adopts Resolution and Recommendation on the Protection of Whistle-blowers

Tuesday, October 8, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
10
Abstract: 

At its thirtieth sitting held on October 1, 2019, the Parliamentary Assembly of the Council of Europe (PACE) adopted the Resolution and Recommendation on the protection of whistle-blowers. The debate, as well as recommendation and resolution, were based on a Committee on Legal Affairs and Human Rights report.[1]

SEC Reaches Settlement with Quad/Graphics on Multiple FCPA Violations

Friday, October 4, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On September 26, 2019, Quad/Graphics, Inc., a Wisconsin-based digital and print marketing provider, agreed to pay almost $10 million to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA) by engaging in multiple bribery actions in Peru and China.[1]

 

Rio Treaty Group Agrees to Enforcement and Sanctions Cooperation against Former Maduro Regime

Wednesday, October 2, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On September 23, 2019, 16 of the 18 state parties to the Inter-American Treaty of Reciprocal Assistance (TIAR) (hereafter the “Rio Treaty”) adopted a resolution to take legal actions against the individuals and entities in the former Maduro administration suspected of participating in crimes and to coordinate sanctions against the former Maduro administration.[1] The meeting discussed regional next steps to respond to the worsening crisis in Venezuela.  The last time the Organization of American States convened this meeting was to discuss collection action after the attacks of September 11, 2001.

Swiss Auction of Obiang’s Car Raises $27 Million for Social Programs in Equatorial Guinea

Tuesday, October 1, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On September 29, 2019, the Swiss government auctioned a collection of 25 supercars for $27 million.  The Swiss government seized the cars from Teodorin Nguema Obiang, the vice president of Equatorial Guinea and the son of the current President Teodoro Obiang Nguema Mbasongo.[1] In October 2016, the Swiss prosecutor started the investigation, alleging misappropriation of public assets by Teodorin Obiang.  The Swiss prosecutor accused Teodorin, along with two others whose names were not given.[2]

Federal Judge Overturns Rafiekian’s Conviction and DOJ Ends Investigations of Podesta and Van Weber, Causing a Blow to FARA Enforcement Efforts

Friday, September 27, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

 On September 24, 2019, Judge Anthony J. Trenga of the U.S. District Court Eastern District of Virginia issued a 39-page opinion, overturning the conviction of Bijan Rafiekian, the former business partner of Michael Flynn who was the first national security adviser of United States President Donald J. Trump.[1]  On September 23, the United States Department of Justice (DOJ) notified Tony Podesta, a Democratic power broker, and Vin Weber, a former Republican congressman, of the closing of its investigation for violations of the Foreign Agents Registration Act (FARA).[2]

U.S.-El Salvador Sign Agreement to Force Asylum Seekers to El Salvador

Wednesday, September 25, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On September 20, 2019, the United States and El Salvador governments signed a Protection Cooperative Agreement.[1]  The Acting Secretary of the U.S. Department of Homeland Security, Kevin K. McAleenan signed on behalf of the United States.  The Minister of Foreign Affairs, Alexandra Hill Tinoco signed on behalf of El Salvador. According to a joint statement, the Agreement recognizes El Salvador’s recent decision to join the Comprehensive Refugee Response Framework.  It states it will use U.S. and international best practices to “enhance collaboration on building protection capacity and increase protection options closer to home for vulnerable populations.”

ICC Partially Grants Prosecutor’s Request to Appeal and Authorize Afghanistan Investigation

Monday, September 23, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
10
Abstract: 

On September 17, 2019, the Pre-Trial Chamber II (PTC) of the International Criminal Court (ICC) partially granted the Prosecutor’s request for leave to appeal the PTC’s refusal to authorize the Afghanistan investigation.[1] To recall, on April 12, 2019, Pre-Trial Chamber II unanimously rejected the request of the Prosecutor[2] to proceed with an investigation for alleged crimes against humanity and war crimes in the Islamic Republic of Afghanistan.[3] Hence, it remains somewhat mysterious why it took the judges five months to certify the appeal – especially given that the PTC’s certification contains merely eight pages of substantive analysis. The fact of the matter is that the Prosecutor submitted her leave to appeal on June 7. But Judge Mindua caused from releasing his separate opinion on May 31 – six weeks after the decision.

Spain’s High Court Denies U.S. Extradition Request for ex-Venezuelan General on Vague Grounds

Saturday, September 21, 2019
Author: 
Alexandra Haris
Volume: 
35
Issue: 
9
Abstract: 

On Monday, September 16, Spain’s National Court rejected the United States’ extradition request of Venezuela’s previous head of military intelligence, General Hugo Armando Carvajal, instead ordering for his release by the end of the day.[1] Carvajal, also known as “El Pollo” (the Chicken), had been held in provisional detention since he was arrested in mid-April in Madrid. The U.S. requested extradition of Carvajal on the grounds of drug trafficking charges. In its response rejecting the request, Spain cited his previous denials to drug trafficking and claimed it found the U.S. prosecutors’ to be politically motivated.[2] Another problem, Spanish officials explained, was that the extradition request failed to name any ‘concrete and precise’ crimes he may have committed that would justify his extradition.

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