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 and EU Adopt Trans-Atlantic Data Privacy Framework

Friday, July 14, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
8
Abstract: 

    On July 10, 2023, the United States Department of Justice announced the European Commission’s adoption on the same day of an adequacy decision for the U.S. as part of the EU-U.S. Data Privacy Framework (EU-U.S. DPF), to which President Biden and European Commission President von der Leyen agreed in March 2022.  The adequacy decision enables the European Union to transfer personal data from EU countries to the U.S. for commercial purposes.[1]

Samsung Executive Indicted on Allegations of Stealing Trade Secrets to Create Semiconductor Plant in China

Friday, July 14, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
8
Abstract: 

            On June 12, 2023, the prosecutor’s office in the Suwon district of South Korea     announced an indictment against a 65-year old former high-level executive of “the world’s number one market share holder in the memory and semiconductors field” on charges of corporate spying and data theft.   Based on the description provided in the announcement and comments from people familiar with the matter, the company in question is Samsung.[1]

 

South African Authorities Arrest Rwandan Genocide Suspect to Stand Trial in Rwanda

Friday, July 7, 2023
Author: 
Elena Maghsoodnia
Volume: 
39
Issue: 
8
Abstract: 
On May 24, fugitive Fulgence Kayishema was arrested on a grape farm in Paarl, a town outside of Cape Town.  He was caught operating under the alias Donatien Nibashumba, a Burundian national, one of many false identities that he used while on the run.  The arrest was the result of joint efforts by a multinational team, made possible by the collaboration between the South African police force and the United Nations International Criminal Tribunal for Rwanda (UNICTR), and later with the Residual Mechanism for Criminal Tribunal (RMCT). 

International Center for the Prosecution of the Crime of Aggression against Ukraine Opens

Friday, July 7, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
8
Abstract: 

  On July 3, 2023, Eurojust and the European Commission announced the opening of the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) in the Hague.[1]  The European Union Agency for Criminal Justice Cooperation (Eurojust) is hosting the ICPA.  The ICPA will play an important role in investigating Russia’s alleged crime of aggression against Ukraine and facilitate case development for future trials.  The Centre will furnish a structure to support and strengthen ongoing and future investigations into the crime of aggression and contribute to the exchange and analysis of evidence collected since the start of the Russian invasion of Ukraine in February 2022.[2]

FATF Plenary Highlights Virtual Asset Problems, Misuse of NPOs, Citizenship and Residency by Investment Schemes, Cyber-Enabled Fraud, the Use of Crowdfunding for Terrorist Financing and Asset Forfeiture

Friday, July 7, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
8
Abstract: 

On June 21-23, 2023, the third Plenary of the Financial Action Task Force under the Presidency of T. Raja Kumar of Singapore was held.  Delegates from over 200 jurisdictions of the Global Network and observers from international organizations participated.

Latchford Estate Agrees to Settle Civil Forfeiture Action of $12 Million on Southeast Asian Antiquities

Friday, July 7, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
8
Abstract: 

On June 22, Homeland Security Investigations (HSI) New York Special Agent in Charge Ivan J. Arvelo and U.S. Attorney for the Southern District of New York Damian Williams announced that the United States filed and settled a civil forfeiture action against $12 million derived from the sale of stolen Southeast Asian antiquities by indicted antiquities dealer Douglas Latchford.

 

 

UN Special Rapporteur Critical Appraisal and Recommendations Following Her Visit in Guantanamo

Friday, June 30, 2023
Author: 
Michael Plachta
Volume: 
39
Issue: 
7
Abstract: 

On June 26, 2023, the UN Special Rapporteur (SR) on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Fionnuala Ní Aoláin, welcomed the completion of her technical visit to the United States and the detention facility at the U.S. Naval Station Guantánamo Bay, Cuba.

U.S. Indicts China-Based Chemical Manufacturing Companies and Arrests Executives for Fentanyl Trafficking as U.S. Makes New Initiatives against Fentanyl Trafficking

Friday, June 30, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
7
Abstract: 

On June 23, 2023, the United States Department of Justice announced the arrest of two individuals and the unsealing of three indictments in the Southern and Eastern Districts of New York, charging China-based companies and their employees with crimes related to fentanyl production, distribution, and sales arising from precursor chemicals.   The indictments are the first prosecutions to charge China-based companies and nationals of the People’s Republic of China (PRC) for trafficking fentanyl precursor chemicals into the U.S.  In particular, the indictments allege the defendants knowingly manufactured, marketed, sold, and furnished precursor chemicals for fentanyl production in the U.S. in violation of federal law.[1]  On June 22, 2023, Department of Homeland Security officials said they will widen a campaign targeting fentanyl by sending more teams of agents and investigators to interdict drug shipments and smuggling networks concerning fentanyl

CDPC Acts on Environment. Asset Recovery and EPPO

Friday, June 30, 2023
Author: 
Michael Plachta
Volume: 
39
Issue: 
7
Abstract: 

      On November 23, 2022, the Committee of Ministers of the Council of Europe adopted the Terms of Reference for a new Committee of Experts on the Protection of the Environment through Criminal Law (PC-ENV). The PC-ENV was subsequently established and entrusted with the elaboration of a new draft Convention on the Protection of the Environment through Criminal Law

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