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.

U.S. Indicts Iranian Intelligence Officials on Alleged Efforts to Kidnap U.S. Journalist and Human Rights Activist

Saturday, July 17, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On July 13, 2021, United States Department of Justice officials unsealed an indictment in the U.S. District Court for the Southern District of New York, charging four Iranian nationals with conspiracies concerning kidnapping, sanctions violations, bank and wire fraud, and money laundering.  The indictment charges a co-conspirator, who is an Iranian national and California resident, with structuring violations.[1]



[1]    United States v. Alireza Shavaroghi Farahazi, U.S. District Court. S.D.N.Y., S1 21 Cr. 430 (RA), Sealed Superseding Indictment, July 15, 2021.  U.S. Department of Justice, Iranian Intelligence Officials Indicted on Kidnapping Conspiracy Charges, Press Rel. 21-652, July 13, 2021.

 

Events in Haiti and C.A.R. Show Threats Posed by Mercenaries to International Peacekeeping

Friday, July 16, 2021
Author: 
Sara Kaufman
Volume: 
37
Issue: 
7
Abstract: 

Recent events in Haiti[1] and the Central African Republic[2] have underscored the continued threats that the use of mercenaries poses to international peacekeeping.  Mercenaries have been involved in armed conflicts for over 3,000 years, as kings and despots have utilized them in order to acquire and maintain power and affluence.[3]   International law has strived to regulate such offences and encourage States to prevent the illicit activities, especially violence and assassinations, from occurring within their borders. As defined by Article 47 of Additional Protocol I to the Geneva Conventions, mercenaries are individuals who are recruited locally or abroad in order to participate directly in an armed conflict.  They are motivated through substantial material compensation and are neither nationals of a party to the conflict nor a resident to the territory involved in the conflict.[4]



[1] Laurence Blair and Ryan Grim, Bolivian Ex-Minister of Defense Plotted a Second Coup Using U.S. Mercenaries, The Intercept, June 17, 2021, https://theintercept.com/2021/06/17/bolivia-coup-plot-mercenaries/.

[2] Declan Walsh, Russian Mercenaries Are Driving War Crimes in Africa, U.N. Says, The New York Times, June 27, 2021, https://www.nytimes.com/2021/06/27/world/asia/russia-mercenaries-central-african-republic.html.

[3] Grant E. Courtney, American Mercenaries and the Neutrality Act: Shortening the Leash on the Dogs of War, Journal of Legislation, 1985, https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1430&context=jleg.

[4] International Convention against the Recruitment, Use, Financing and Training of Mercenaries, Office of the United Nations High Commissioner for Human Rights, 2001, https://www.ohchr.org/EN/ProfessionalInterest/Pages/Mercenaries.aspx.

 

Amec Foster Wheeler Concludes Global Corruption Settlement with the U.S., U.K. and Brazil

Friday, July 16, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 25 and July 2, 2021, respectively, the U.S. Department of Justice (DOJ)[1] and the U.K. Serious Fraud Office (SFO)[2] announced settlements with Amec Foster Wheeler Energy Limited (Amec Foster Wheeler or AFW) over global corruption.  AFW also settled with the Brazilian government, and the three governments collaborated in the settlement.[3]



[1]    U.S. Department of Justice, Amec Foster Wheeler Energy Limited Agrees to Pay Over $18 Million to Resolve Charges Related to Bribery Scheme in Brazil, Press. Rel. 21-601, June 25, 2021.

[2]    U.K. Serious Fraud Office, SFO enters into £103m DPA with Amec Foster Wheeler Energy Limited, July 2, 2021.

 

 

Seizure of COVID Treatments Highlights IP Gaps in the United States-Mexico-Canada Agreement

Friday, July 9, 2021
Author: 
Austin Max Scherer
Volume: 
37
Issue: 
7
Abstract: 

Federal authorities seized at U.S. airports unauthorized versions of the COVID-19 treatment remdesivir destined for distribution in Mexico.[1]  Counterfeit versions are arriving in the U.S. by plane from Bangladesh and India and then smuggled by individuals to Mexico, which will then be sold to the highest bidder.[2]  The seizure of counterfeit treatments is not new as U.S. Customs and Border Protection officers have captured more than 100 shipments.[3]



[1] Jared S. Hopkins, Illegal Treatment for Covid-19 Seized Before Reaching Mexico, Wall St. J., Jun. 24, 2021, at A9.

[2] Id.

[3] Id.

 

The African Union Starts Commission of Inquiry on War in Tigray

Friday, July 9, 2021
Author: 
Jamie Jang
Volume: 
37
Issue: 
7
Abstract: 

On June 16, 2021, the African Commission on Human and Peoples’ Rights launched a Commission of Inquiry to investigate international human rights and humanitarian law violations in Tigray, Ethiopia. The Commission of Inquiry is in accordance with the Commission’s mandate to promote and protect human rights in Africa under Article 45 of the African Charter on Human and Peoples’ Rights.[1] According to a press statement, the African Commission on Human and Peoples’ Rights will begin its work in Banjul, Republic of Gambia, and “will conduct investigations on the ground and in neighboring countries when the conditions are met.”[2] “The Commission of Inquiry has a mandate to, inter alia, investigate allegations of violations of international human rights law and international humanitarian law, and to gather all relevant information to determine whether the allegations constitute serious and massive violations of human rights.”[3] The Commission of Inquiry on Tigray officially commenced on June 17, 2021.[4]



[1]               Press Statement on the official launch of the Commission of Inquiry on the Tigray Region in the Federal Democratic Republic of Ethiopia African Union. June 16, 2021.

[2]               Id.

[3]               Id.

[4]               Id. 

 

FATF Plenary Progresses with Initiatives on Virtual Assets, Environmental crime, Ethically or Racially Motivated Terrorism Financing, and Asset Recovery, Proliferation Financing et al

Friday, July 9, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

The FATF Plenary met virtually on June 20-25, 2021, and acted on several important strategic initiatives during the German Presidency.

Bolivia Signs MoU to Strengthen Compliance and Transparency in the Fishing Industry

Friday, July 2, 2021
Author: 
Marwah Adhoob
Volume: 
37
Issue: 
7
Abstract: 

 

            On June 29, 2021, the Bolivian government signed a Memo of Understanding (MoU) with the Fisheries Transparency Initiative (FiTI). The collaborative effort is aimed at increasing transparency, compliance, and knowledge in the fishing industry. [1]

 



[1] Bolivia collaborates with FiTI to strengthen transparency of its flag State responsibilities, FiTI.com,  June 29,2019, https://www.fiti.global/bolivia-collaborates-with-the-fiti-to-strengthen....

 

Dutch Court Agrees with Report Calling Santos-Linked Angolan Energy Deal Corrupt

Friday, July 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 23, 2021, the Amsterdam Court of Appeal agreed with the report of a court-appointed director that a transaction, whereby the former husband of the daughter of the former Angolan President, in 2006 whereby Angola’s state oil company, Sonangol, bought shares in Galp, the Portuguese energy company, was “null and void” because it was an act of corruption.[1]



[1]    Exem Energy Company v. Esperaza Holding B.V., Amsterdam Court of Appeal, Business Chamber, Case Number: 200.275.461/02, June 23, 2021, Opinion https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHAMS:2021:1837&showbutton=true&keyword=exem.

 

Dutch Court Agrees with Report Calling Santos-Linked Angolan Energy Deal Corrupt

Friday, July 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 23, 2021, the Amsterdam Court of Appeal agreed with the report of a court-appointed director that a transaction, whereby the former husband of the daughter of the former Angolan President, in 2006 whereby Angola’s state oil company, Sonangol, bought shares in Galp, the Portuguese energy company, was “null and void” because it was an act of corruption.[1]



[1]    Exem Energy Company v. Esperaza Holding B.V., Amsterdam Court of Appeal, Business Chamber, Case Number: 200.275.461/02, June 23, 2021, Opinion https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHAMS:2021:1837&showbutton=true&keyword=exem.

 

U.S. and EU Progress on Several International Enforcement issues at Justice & Home Affairs Ministerial Meeting in Lisbon

Thursday, July 1, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 22, 2021, the Portuguese Presidency of the Council of the European Union hosted the EU-U.S. Ministerial Meeting on Justice and Home Affairs in Lisbon and made progress on counter-terrorism, violent extremism, and Passenger Name Record (PNR) data exchange.  They also discussed developing bilateral and multilateral instruments to combat cybercrime, using artificial intelligence,  and developing well-managed and humane migration policies.

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