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.

Treasury Initiative Targets Anonymous Real Estate Purchases and Proceeds of Corruption

Saturday, December 11, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
12
Abstract: 

On December 7, 2021, the Financial Crimes Enforcement Network (FinCEN) issued an Advance Notice of Proposed Rulemaking (ANPRM) with respect to soliciting public comments on potential requirements under the Bank Secrecy Act (BSA) for certain persons involved in real estate transactions to collect, report, and retain information. 

European Union Acts on Human Smuggling in the Belarus Border Crisis

Friday, December 3, 2021
Author: 
Michael Plachta
Volume: 
37
Issue: 
12
Abstract: 

The dramatic situation at the border with three European Union (EU) countries, especially Poland, is alarming and explosive. Recent actions by the Belarus’s Lukashenko regime and its supporters are to be seen in this light – as a determined attempt to create a continuing and protracted crisis, as part of a broader concerted effort to destabilize the EU, testing its unity and resolve. These actions represent a real and present danger to the EU’s security.

A Dutch Woman Appears in U.S. Court to Face Charges Related to Terror Financing

Thursday, December 2, 2021
Author: 
Marwah Adhoob
Volume: 
37
Issue: 
12
Abstract: 

On October 29, 2021, a Dutch woman, Farhia Hassan, appeared in the U.S. District Court for the Eastern District of Virginia to face charges related to her alleged involvement in Somalian terrorist group al-Shabaab. She is facing up to 15 years in prison.

 

EU Court of Justice Greenlights Request for Information Without Taxpayers Specific Name and Identity

Thursday, December 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
12
Abstract: 

On November 25, 2021, the Court of Justice of the European Union issued a preliminary judgment on what information must be provided by the requesting tax authority soliciting tax information on request.[1]



[1]    Luxembourg v. L, Court of Justice of the European Union (C-437/19), Judgment of the Court, Nov. 25, 2021.  For additional background see Intra-EU requests for beneficial ownership information must show’ clear and sufficient explanation’, STEP Int’l Newsletter, Nov. 29, 2021.

 

U.S Attorney Office in S. Diego Indicts Drug Money Laundering Cartel and Convicts Leader of Drug-Smuggling Money Laundering Organization

Thursday, December 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
12
Abstract: 

On November 16, 2021, the U.S. Attorney in San Diego partially unsealed an indictment in a U.S. District Court, charging 29 alleged members of an international money laundering organization linked to the Sinaloa Cartel and Jalisco New Generation Cartel in Mexico.[1]  On November 10, 2021, Angel Dominguez Ramirez Jr. of Tamaulipas, Mexico, pleaded guilty to drug and money laundering charges, admitting that he was the leader of a trafficking organization that transported ton-quantities of cocaine from South America to Mexico and into the U.S.[2]



[1]    U.S. Attorney Office for Southern District of California Alleged Money Launderers for Mexican Cartels Indicted, Press Rel. CAS21-1116-Valenzuela, Nov. 16, 2021.  U.S. v. Alfredo Adolfo Ibarra-Vida, U.S. Dist. Ct., S.D. Cal., Case No. 21CR2546-GPC, Superseding Indictment, Nov. 18, 2021.

[2]    U.S. Attorney Office for Southern District of California, Angel Dominguez Ramirez Jr. Admits to Leading Vast Drug-Smuggling, Money Laundering Empire, Press Rel. No. CAS21-1110-Dominguez Ramirez, Jr., Nov. 10, 2021.

 

U.S. Homeland Security Returns Hundreds of Looted Artifacts to Mali

Thursday, December 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
12
Abstract: 

On November 22, 2021, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigation announced that, in conjunction with the U.S. Department of State, it repatriated a trove of stolen artifacts to the Republic of Mali. ICE transferred the artifacts to Ambassador Issa Konfourou, permanent representative of Mali to the United Nations.[1]



[1]    U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), HSI, U.S. State Department return Stolen Artifacts to Mali, Nov. 22, 2021.

 

ICC Prosecutor Closes Preliminary Examination in Colombia and Concludes Agreement with Bogota

Tuesday, November 30, 2021
Author: 
Michael Plachta
Volume: 
37
Issue: 
12
Abstract: 

On October 28, 2021, in Bogota, Colombia, two events took place, which is significant for both Colombia and the International Criminal Court (ICC).  ICC Prosecutor Karim A.A. Khan QC, head of the Office of the Prosecutor (OTP), announced that the + termination of the preliminary examination regarding the situation in Colombia. At the same time, the Prosecutor concluded a Cooperation Agreement with the Government of Colombia that renews the commitment of the OTP with Colombia’s accountability mechanisms.[1] While marking a new chapter for complementarity in the country, it is also the first time the Office concluded such an agreement with a State Party.
 



* 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] ICC Prosecutor, Mr Karim A. A. Khan QC, concludes the preliminary examination of the Situation in Colombia with a Cooperation Agreement with the Government charting the next stage in support of domestic efforts to advance transitional justice, October 28, 2021, ICC-CPI-20211028-PR1623.

FinCEN Alerts Financial Institutions to Report Environmental Crimes and Associated Illicit Financial Activity

Tuesday, November 23, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
12
Abstract: 

                On November 18, 2021, the Financial Crimes Enforcement Network (FinCEN) issued a Notice calling attention to the increasing trend in environmental crimes and associated illicit financial activity.[1]



[1] FinCEN, FinCEN Calls Attention to Environmental Crimes and Related Financial Activity, FIN-2021-NTC4, Nov. 18, 2021 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fwww.fincen.gov%2Fsites%2Fdefault%2Ffiles%2F2021-11%2FFinCEN%2520Environm....

 

 

More than Twenty years later, Colombia found responsible for Journalist’s Abduction, Judgment in the Jineth Bedoya Lima case

Tuesday, November 23, 2021
Author: 
Linda Friedman Ramirez
Volume: 
37
Issue: 
12
Abstract: 

Jineth Bedoya Lima is an internationally known Colombian journalist whose notoriety has come at enormous personal cost. In 2011, the Bedoya Lima y Otra v. Colombia was brought on her behalf before the Inter American Court of Human Rights (IACHR)  for events on May 25, 2000.  The case has now concluded, and after a lengthy process, Bedoya has been granted an important judgment against Colombia by the IACHR.  Relief includes directives for training and education to prevent future violence against female journalists. 

Council of Europe has Adopted the Second Protocol to the Cybercrime (“Budapest”) Convention

Tuesday, November 23, 2021
Author: 
By Michael Plachta
Volume: 
37
Issue: 
12
Abstract: 

As the Convention on Cybercrime (“Budapest Convention”) turns 20, the Committee of Ministers of the Council of Europe, at its 1417bis meeting on November 17, 2021, has adopted a Second Additional Protocol to the Convention on enhanced cooperation and the disclosure of electronic evidence (“Second Additional Protocol”).

 

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