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.

European Court Rules Luxembourg Conviction Violated Article 10 Rights

Monday, February 27, 2023
Author: 
Linda Friedman Ramirez
Volume: 
39
Issue: 
3
Abstract: 

On February 14, 2023,  in Halet v Luxembourg, the European Court of Human rights overturned the conviction of Raphael Halet, a former employee of PwC (PriceWaterhouseCoopers.)[1]  Halet had shared fourteen tax returns and two cover letters relating to tax agreements (ATAs) between the Duchy of Luxembourg and PwC clients, to French journalist Édouard Perrin.  In some 72 pages, the Court detailed the factors to be considered in weighing Halet’s actions that were contrary to his employer’s right to confidentiality. The Court concluded that Halet’s conviction interfered with his right to freedom of expression, in particular his freedom to impart information, under Article 10 of the  European Convention of Human Rights, and had not been necessary.  The Court also pointed out that the concept of “whistle blower” had not been given an unequivocal legal definition, and that the question called for an assessment which took account of the circumstances of each case. [2]



[1] Author’s Note: Mr. Halet was previously described as a former auditor of PwC; this was an error. 

[2] Case of Halet v. Luxembourg, no. 21884/18, Paragraph 19, ECHR 2023, February 14, 2023 https://www.courthousenews.com/wp-content/uploads/2023/02/Halet-v.-Luxembourg.pdf, See paragraph 119.

 

IOSCO Gains Momentum in Enacting Cryptocurrency Regulation Plan

Friday, February 24, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
3
Abstract: 

On February 16, 2023, GBBC Digital Finance (GDF), the largest digital asset industry association, announced they are becoming an Affiliate Member of the International Organization of Securities Commission (IOSCO).  In their press release, GDF announced their intention for “engagement with regulators and policy makers and jointly examining how we might construct a DeFi (Decentralized finance) education and engagement platform.”[1]  GDF is signing on with IOSCO to assist in IOSCO’s 2022-2023 Crypto-Asset Roadmap published on July 7, 2022.   This roadmap outlines an investigative phase of various cryptocurrency markets with the aim of finding regulatory gaps and areas of concern within the industry.  The plan requires the assistance of major national regulating bodies and private entities to share data and expertise for developing a fruitful regulatory framework in the future.



[1] Press Release, GDF IOSCO Membership, GDF.IO, February 16, 2023 https://www.gdf.io/wp-content/uploads/2023/02/GDF-joins-IOSCO-Press-Release-Final.pdf

 

European Parliament Adopts Resolutions on Reforms Prompted by the Qatargate

Friday, February 24, 2023
Author: 
Michael Plachta
Volume: 
39
Issue: 
3
Abstract: 

On February 16, 2023, the European Parliament adopted two resolutions on the issue of transparency and integrity in EU decision-making. MEPs are asking for more reforms, building on the ones announced by the Conference of Presidents, and demand an EU’s independent ethics body be set up swiftly.

 

EU Court Clarifies the Grounds for Refusal of EAW in the Case of the Catalan Exiles in Belgium

Friday, February 24, 2023
Author: 
Michael Plachta
Volume: 
39
Issue: 
3
Abstract: 

On January 31, 2023, the Court of Justice of the European Union, Grand Chamber, (the Court or CJEU) delivered a judgment in a politically sensitive case concerning the surrender of Catalan exile Lluís Puig Gordi, former Catalan Minister of Culture currently in Belgium since October 2017.[1]



* Professor Plachta specializes in criminal law and international criminal law. He has authored numerous publication on a wide range of problems concerning law enforcement and international cooperation in criminal matters. He currently teaches criminal law and European criminal law at the University of Security in Poznan, Poland.

[1] Dani Rovirosa and Laura Zornoza, Spain’s bid to return Catalan politicians boosted by EU Court judgement, EURACTIV, February 1, 2023 https://www.euractiv.com/section/politics/news/spains-bid-to-return-exiled-catalan-politicians-boosted-by-eu-court-judgement.

 

U.S. Will Share Almost $1 Million in Funds Forfeited from Former Bayelsa Governor with Nigeria

Friday, February 24, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
3
Abstract: 

On February 16, 2023, the United States Department of Justice announced that it is sharing approximately $954,807  with the government of the Federal republic of Nigeria pursuant to an agreement between the governments to share assets the U.S. forfeited and are traceable to the corruption of the former Governor of the State of Bayelsa in Nigeria, Diepreye Solomon Peter Alamieyeseigha (DSP).[1]



[1]    U.S. Department of Justice, United States to Repatriate Nearly $1 Million to Federal Republic of Nigeria,  Press Rel. 23-183, Feb. 16, 2023.

 

China Amends Wildlife Protection Law

Friday, February 17, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
2
Abstract: 

On December 30, 2022, the National People’s Congress of the People’s Republic of China (PRC) published the amended Wildlife Protection Law (WPL) in its final form.  At least two environmental non-governmental organizations have criticized the amended WPL as not sufficiently protecting wildlife.

United States and Cuba Restart Law Enforcement Dialogue

Friday, February 17, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
2
Abstract: 

On January 18-19, 2023, United States and Cuban officials met in Havana to discuss subjects of bilateral interest on law enforcement matters under the U.S.-Cuba Law Enforcement Dialogue.[1]



[1]    U.S. Department of State, United States and Cuba Resume Law Enforcement Dialogue, January 19, 2023.

 

U.S. Arrests Four Florida Men in Conspiracy to Murder Former Haitian President

Friday, February 17, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
3
Abstract: 

 On February 14, 2023, U.S. federal law enforcement arrested three U.S. citizens and a legal permanent resident living in Florida pursuant to criminal complaints on charges concerning their participation in activities leading to the July 7, 2021 assassination of President Jovenel Moïse of Haiti.  After the arrests, a grand jury in Miami returned a third superseding indictment charging these four individuals, along with seven others already detained and charged in the U.S. for their alleged roles in the conspiracy.[1]

Haiti Transfers Additional Four Persons to the U.S. on Charges of Conspiring to Kill Haitian President

Friday, February 10, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
2
Abstract: 

On January 31, 2023, United States authorities transferred from detention in Haiti four men to face criminal charges in the U.S. District Court in the Southern District of Florida concerning their alleged involvement in the assassination of former Haitian President Jovenel Moïse on July 7, 2021.[1]



[1]   U.S. Department of Justice, Additional Four Charged in Connection with Plot to Kill Haitian President, Press Rel. 23-123, Jan. 31, 2023.

 

Europol and Eurojust Collaborate in Breaking International Sex-Trafficking Ring

Friday, February 10, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
2
Abstract: 

On February 8, 2023, Europol and Eurojust announced the successful dismantling of an international sex-trafficking ring that held hundreds of Chinese women held through debt bondage across Europe. Law enforcement authorities from five European Union countries participated in the law enforcement operation.[1]



[1]    Europol, 28 arrested as Europe’s biggest Chinese prostitution ring is dismantled, Feb. 8, 2023.

 

Pages

Subscribe to International Enforcement Law Reporter RSS