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.

EU Court Allows the Restriction of the Ne Bis In Idem Principle in Financial Matters

Friday, March 23, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
3
Abstract: 

On March 20, 2018, the Court of Justice of the European Union – Grand Chamber delivered three important judgments concerning the essence of the principle ne bis in idem (non bis in idem) and its possible limitations, particularly under the law of the European Union. The Court delivered judgments in Joined Cases C-524/15 Luca Menci, C-537/16 Garlsson Real Estate SA and Others v Commissione Nazionale per le Società e la Borsa (Consob) and Joined Cases C-596/16 Enzo Di Puma v Consob and C-597/16 Consob v Antonio Zecca.

When the Ties That Bind Unwind: The Skripal Case and the Chemical Weapons Convention

Friday, March 23, 2018
Author: 
Zarine Kharazian and Bruce Zagaris
Volume: 
34
Issue: 
3
Abstract: 

“There is no alternative conclusion,” the prime minister declared, “other than that the Russian State was culpable for the attempted murder of Mr. Skripal and his daughter -- and for threatening the lives of other British citizens in Salisbury.” In an address to the House of Commons on March 14, 2018, UK Prime Minister Theresa May announced the expulsion of 23 Russian diplomats in retaliation for the poisoning of former double agent Sergei Skripal and his daughter, Yulia, in Salisbury, England. May gave the diplomats, who the British government has identified as undeclared intelligence officials, just one week to leave the country. The expulsion would be the largest such measure in over 30 years, when Britain had expelled 91 Soviet diplomats acting as undeclared spies during the height of the Cold War.

 

EU Agrees on Proposal Requiring Reporting by Tax Intermediaries of Aggressive Tax Planning

Friday, March 23, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
3
Abstract: 

On March 13, 2018, the Economic and Financial Affairs Council of the European Union reached agreement on a proposal to achieve greater transparency in tax planning schemes.  In particular, the directive is aimed at preventing aggressive tax planning by enabling increased scrutiny of the activities of tax intermediaries, including tax advisors, accountants, and lawyers who design and/or promote tax planning schemes

 

The Philippines’ Withdrawal from the ICC Rome Statute: Background and Context

Friday, March 23, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
3
Abstract: 

On March 14, 2018, Philippine President Rodrigo Duterte announced that the Philippines will withdraw from the International Criminal Court (ICC, the Court) “effective immediately.” According to Duterte’s spokesman, Harry Roque, the withdrawal could be “the beginning of the end” for the institution, as more countries would follow suit and non-members would be discouraged from joining.

U.S. Fish and Wildlife Service Withdraws Ban On Import of Big-Game Trophies

Friday, March 23, 2018
Volume: 
34
Issue: 
3
Abstract: 

On March 1, 2018, the Fish and Wildlife Service (FWS), U.S. Department of the Interior issued a memorandum, withdrawing certain findings on Endangered Species Act (ESA) enhancement of the species for trophies of African elephants acquired in certain African countries.  As a result, the decision allows hunters to import big-game trophies, including elephant tusks and lion hides with approvals granted on an individual basis.

 

U.S. Imposes Sanctions re Russian Cyber Interference with the 2016 U.S. Elections and Malicious Cyber-Attacks[1]

Friday, March 23, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
3
Abstract: 

On March 15, 2018, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated five entities and 19 individuals under the Countering America’s Adversaries Through Sanctions Act (CAATSA) as well as Executive Order (E.O.) 13694, “Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities,” as amended, and codified pursuant to CAATSA.

U.S. Bans Venezuela’s New Crypto-Currency and Adds 3 Officials to Sanctions List

Friday, March 23, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
3
Abstract: 

On March 19, 2018, U.S. President Donald J. Trump issued an Executive Order, prohibiting all transactions in Venezuela’s new crypto-currency, called the Petro digital currency. On the same day, Treasury Secretary Steven T. Mnuchin announced that the Office of Foreign Assets Control (OFAC) designated four current or former Venezuelan government officials pursuant to Executive Order (E.O.) 13692, as part of Treasury’s continuing efforts to highlight the economic mismanagement and endemic corruption within the Maduro regime.

 

     

    Indonesian Officials Seize 1MDB-linked Yacht; Hand It Over to FBI

    Friday, March 23, 2018
    Author: 
    Zarine Kharazian
    Volume: 
    34
    Issue: 
    3
    Abstract: 

    Acting on a request from the Federal Bureau of Investigation (FBI), Indonesian officials seized the luxury yacht Equanimity at Benoa Harbor in Bali, Indonesia on February 28, 2018. On March 8, they handed it over to the FBI. Investigators suspect the yacht was bought with the proceeds of embezzlement from 1Malaysia Development Berhad (1MDB), a Malaysian government-owned investment company.

     

    World Bank Office of Suspension and Debarment Publishes New Report

    Friday, March 16, 2018
    Author: 
    Bruce Zagaris
    Volume: 
    34
    Issue: 
    3
    Abstract: 

    On March 6, 2018, the World Bank Office of Suspension and Debarment (OSD)  announced that it has recently published its 10-Year Update on Case Data & Metrics in a new report,  Called the Suspension and Debarment: 10-Year Update on Case Data & Metrics 2007-2017: Addendum to the Second Edition  (World Bank Office of Suspension and Debarment),  it contains information related to the OSD’s sanctions system.

     

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