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.

Belgian Data Privacy Authority Prohibits Transfer of Tax Data on “Accidental Americans” to the US

Friday, June 2, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
6
Abstract: 

On May 24, 2023, the Belgian Data Protection Authority (BDPA) declared unlawful and prohibits the transfers of personal data of Belgian “Accidental Americans” by the Belgian Federal Public Service Finance (BFPS) to the United States tax authorities pursuant to the Foreign Account Tax Compliance Act (FATCA) Intergovernmental Agreement (IGA). [1] The BDPA has ruled that the processing done under this agreement does not comply with all the principles of the General Data Protection Regulation (GDPR), including the rules on data transfers outside the EU.  The ruling also asks the BFPS to advise the competent Belgian legislator of the defects identified by the BDPA.[2]



[2]    Belgian Data Protection Authority, Belgian DPA prohibits the transfer of tax data of Belgian “Accidental Americans” to the USA https://www.dataprotectionauthority.be/belgian-dpa-prohibits-the-transfer-of-tax-data-of-belgian-accidental-americans-to-the-usa.

 

The U.S. Announces Working Group to Address Illicit International Timber Trade

Friday, June 2, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
6
Abstract: 

On April 19, 2023, U.S. Principal Deputy Associate Attorney General Benjamin Mizer announced the creation of the Timber Interdiction Membership Board and Enforcement Resource (TIMBER), a working group of different departments of the U.S. government devoted to ending the illegal trade of plant and plant products, including timber, in international commerce.  The announcement was made at a roundtable established by the U.S. Department of Justice’s (DOJ) Environment and Natural Resources.[1]



[1] Principal Deputy Associate Attorney General Benjamin Mizer Delivers Remarks at TIMBER Trafficking Enforcement Roundtable, DOJ, April 19, 2023 https://www.justice.gov/opa/speech/principal-deputy-associate-attorney-general-benjamin-mizer-delivers-remarks-timber#:~:text=The%20Timber%20Working%20Group%20is,prosecute%20timber%20trafficking%20cases%3B%20and

 

Irish Data Protection Commission Imposes US$1.3 Billion Fine on Meta for GDPR Violations

Friday, May 26, 2023
Author: 
Bruce Zagaris and Adriana Sanford
Volume: 
39
Issue: 
6
Abstract: 

On May 22, 2023, the Irish Data Protection Commission (“the DPC”) announced the conclusion of its inquiry into Meta Platforms Ireland Limited (“Meta Ireland), examining the basis upon which Meta Ireland transfers personal data from the EU/EEA to the United States in connection with the delivery of its Facebook service. The DPC found Meta had infringed data privacy rights during this process.  Subsequently, the European Data Protection Board (“the EDPB”) in a decision on May 12, 2023  imposed an administrative fine in the amount of US$1.3 billion.

G7 Statement on Ukraine Calls for Widening Sanctions and Accountability mechanisms

Friday, May 26, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
6
Abstract: 

On May 19, 2023, the leaders of the G7 renewed their commitment to furnish the financial, humanitarian, military, and diplomatic support Ukraine needs for as long as it takes.    They agreed to impose further sanctions and measures to increase the costs to Russia and those who are supporting its war effort.

Pursuant to G7 Meeting, U.S. Strengthens Sanctions Against Russia

Friday, May 26, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
6
Abstract: 

On May 19, 2023, the United States, in coordination with the G7 and other international partners, increased its sanctions and other restrictive economic measures to further degrade Russia’s capacity to wage war against Ukraine. [1]

 

Spain Extradites U.K. Citizen to the U.S. and He Pleads Guilty to Cyber Crimes

Friday, May 26, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
6
Abstract: 

On May 9, 2023, the U.S. Department of Justice announced that Joseph James O’Connor, aka PlugwalkJoe, 23, pleaded guilty in New York to his role in cyberstalking and multiple schemes involving computer hacking, including the July 2020 hack of Twitter.  Spain extradited him on April 26, 2023.[1]



[1]    U.S. Department of Justice, U.K. Citizen Extradited and Pleads Guilty to Cyber Crime Offenses, Press Rel. 23-534, May 9, 2023.

 

Catalytic Converter Theft Fuels Thriving Black Market Recycling

Friday, May 26, 2023
Author: 
Luz E. Nagle
Volume: 
39
Issue: 
6
Abstract: 

Catalytic converters are found in nearly all fuel combustion vehicles built over the last forty or more years.  The converters comprise part of a vehicle’s exhaust system and are designed to scrub carbon monoxide, nitrogen oxides, and other pollutants from the exhaust gases and convert the exhaust into much less harmful carbon dioxide vapor (CO2).  As the converters must operate at a temperature of around 400 degrees C, they are placed close to a vehicle’s engine, usually directly behind the exhaust manifold at the head of the exhaust system along the undercarriage of the vehicle.  The location and way they connect to the exhaust system render them easily accessible for removal by thieves, particularly on high-clearance vehicles (pickup trucks and construction equipment). 

 

Moldova Charges 8, Including former Prime Minister over Airport Contract and Anti-Corruption Prosecutor Asks for Disciplinary Proceedings against Judge for Closed Proceedings

Friday, May 26, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
6
Abstract: 

Moldova is facing an inflection point in its efforts to strengthen its anti-corruption institutions and processes.   On May 2, the Anti-Corruption Prosecutor’s Office announced criminal charges against former Moldovan Prime Minister Iurie Leanca and seven other people in a corruption case as a result of a concession that provided control of the country’s principal airport to an entity associated with businessman and politician Ilan Shor, who departed Moldova in 2019 after the election of pro-Western President Maia Sandu.[1]  On May 22, 2023, Veronica Dragalin, head of the Anticorruption Prosecutor’s Office, called for the Superior Council of Magistracy to initiate disciplinary proceedings against the judge of the Buiucani Court of Chisnau who ordered the criminal proceedings against ex-deputy Vladimir Andronachi in the bank fraud case in a closed session at the request of the defense.[2]



[1]    Former Moldovan Prime Minister Among Eight Charged By Anti-Corruption Prosecutor Over Airport Contract, RFE/RL’s Moldovan Service, May 2, 2023.

[2]    Anti-Corruption Prosecutor’s Office asks SCM to urgently initiate disciplinary proceedings against judge in Adronachi case, May 22, 2013 https://moldova1.md/p/9996/anti-corruption-prosecutor-s-office-asks-scm-to-urgently-initiate-disciplinary-proceedings-against-judge-in-andronachi-case.

 

Danish Tax Authority Wins in Dubai Court of Cassation Cum-Ex Dividend Case against Shah

Friday, May 26, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
6
Abstract: 

On May 17, 2023, the Danish Tax Authority (Skattestyrelsen or SKAT)  won a final verdict in the Supreme Court  (also known as the Court of Cassation) in Dubai when the court denied an appeal from Sanjay Shah, the alleged mastermind and ringleader of the fraud.  As a result, Shah must repay DKK 8.5 billion (approximately US 1.2 billion).  The verdict is the first final verdict in favor of the Danish Tax Authority, which has brought several cases in various foreign courts.[1]



[1]    Danish Tax Authority, First final verdict in the dividend case:  Sanjay Shah must repay more than DKK 8.5 billion to Denmark, May 17, 2023.

 

The Moscow Mechanism: Experts Release Report on the Abduction of Ukrainian Children

Friday, May 26, 2023
Author: 
Michael Plachta
Volume: 
39
Issue: 
6
Abstract: 

On May 4, 2023, the Organization for Security and Co-operation in Europe (OSCE) and the Office for Democratic Institutions and Human Rights (ODIHR) released an expert report on the abduction of children in Ukraine by the Russian military and authorities.

 

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