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.

The (Unfinished Story of the) Hybrid Court for South Sudan

Friday, September 25, 2020
Author: 
Konstantinos D. Magliveras*
Volume: 
36
Issue: 
10
Abstract: 

The Republic of South Sudan is the newest sovereign state in the world. It was created in record time in the summer of 2011 and it was also in record time that it was admitted to membership in the United Nations (UN) and the African Union (AU). Unfortunately, soon after gaining independence, South Soudan met the fate that so many other African states have experienced upon gaining independence, namely hostilities between government forces and opposition forces, coups d’état, and ethnic tensions (unavoidable in Africa) leading to civil wars with an enormous human toll. Given that the civil war in South Soudan lasted from December 2013 until February 2020, the history of this country has been intricately linked to the perpetration of atrocious crimes on a large scale, including the alleged used of starvation as a tactic for collective punishment of population groups, sexual violence, the use of children as soldiers, etc. While in the past impunity of those accused of committing atrocities was the order of the day, in more recent times Africa has made strides in ensuring that alleged perpetrators will be brought to trial and, if found guilty, punished. This brief article will examine the establishment of a court of justice with criminal jurisdiction to determine culpability in the South Sudanese Civil War. This judicial institution, if and when it becomes operative, will be the Hybrid Court for South Sudan.

Israel Court Rules Accused Israeli Pedophile Can Be Extradited to Australia

Friday, September 25, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On September 21, 2020, the Jerusalem District Court ruled Malka Leifer, a former educator who is accused of sexually abusing several former students, can be extradited to Australia on charges of child sex abuse. Leifer has fought extradition from Israel since 2014. The length of the extradition proceedings have strained relations between Israel and Australia.[1]



[1]    Ilan Ben Zion, Associated Press Israel court says woman can be extradited in child sex case, abcnews.go.com, Sept. 21, 2020.

 

 

U.S. Secretary of State Makes Historic Visit to Suriname and Guyana and Promises More Law Enforcement Assistance

Monday, September 21, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On September 17-18, 2020, U.S. Secretary of State Michael Pompeo made the first visit  of any U.S. Secretary of State to Suriname and Guyana. It coincided with promises that the U.S. would increase its technical assistance with respect to law enforcement and national security issues in both countries.

Pakistan Parliament in Joint Sitting Enacts 3 FATF Related Bills

Monday, September 21, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

                In a joint sitting on September 16, 2020, Pakistan’s parliament approved three anti-money laundering and counter-terrorism financial enforcement (AML/CFT) bills in an effort to get off the Financial Action Task Force’s (FATF’s) blacklist.[1]



[1]    Omer Farooq Khan, Pakistan parliament passes three FATF related bills amid opposition, Times of India, Sept. 16, 2020.

 

 

U.S. Brings Criminal Complaint and Imposes Sanctions against Russians for Election Interference

Thursday, September 17, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On September 10, 2020, the U.S. Attorney for the Eastern District Virginia brought a criminal complaint against a Russian national for his alleged role in a conspiracy to use the stolen identities of real U.S. persons to open fraudulent accounts at banking and cryptocurrency exchanges.[1]  Also on September 10, 2020, the U.S. Treasury Department imposed sanctions against Andriy Derkach, a member of the Ukrainian Parliament, saying he has been “an active Russian agent for over a decade” and accusing him of disseminating “edited audiotapes” and “unsubstantiated allegations against U.S. and international political figures.” The Treasury Department also imposed sanctions against three employees of the Internet Research Agency (IRA).  IRA is a troll farm in Russia that disseminated disinformation on social media as part of the Russian election interference campaign in 2016.



[1]    U.S. Department of Justice, Russian Project Lakhta Member Charged with Wire Fraud Conspiracy, Press Rel. 20-902, Sept. 10, 2020.

 

 

U.S. Justice Department Issues FCPA Opinion

Thursday, September 17, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On August 14, 2020, the United States Department of Justice issued its first opinion on the applicability of the Foreign Corrupt Practices Act (FCPA). The request emanated from an investment advisor’s managing private funds serving institutional investors (the Requestor”).[1] On November 5, 2019, Requestor initially submitted its request (the “Request”). On January15, 2020, February 10, 2020, June 18, 2020, and July 17, 2020, the Requestor furnished supplemental information. Pursuant to 28 C.F.R. § 80.4, Requestor, a U.S. “domestic concern,” requested an opinion inquiring  whether certain specified, prospective conduct conforms to DOJ’s present enforcement policy concerning the anti-bribery provisions of the FCPA.



[1]    U.S. Department of Justice, Opinion Procedure Release No. 20-01, Aug. 14, 2020 https://www.justice.gov/criminal-fraud/file/1304941/download

 

 

U.S. Charges N. Koreans & Malaysian with Sanctions Violations, Bank Fraud, and Money-Laundering

Thursday, September 17, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On September 11, 2020, the United States Department of Justice announced a criminal complaint charging North Korean nationals Ri Jong Chol and Ri Yu Gyong, and Malaysian national Gan Chee Lim.[1] The complaint charges them with conspiracy to violate North Korean Sanctions Regulations, bank fraud, and conspiracy to launder funds. The defendants allegedly formed and used front companies that sent U.S. dollar wires through the U.S. to buy commodities on behalf of North Korean customers.[2]



[1]    United States v. Ri Jong Chol, United States District Court for the District of Columbia, Criminal Complaint https://www.justice.gov/opa/press-release/file/1316001/download.

 

[2]    U.S. Department of Justice, Department of Justice Announces Charges of North Korean and Malaysia Nationals for Bank Fraud, Money Laundering and North Korea Sanctions Violations, Press Rel. 20-918, Sept. 11, 2020.

 

 

Security Council Fails to Adopt a Resolution on Foreign Terrorist Fighters

Thursday, September 17, 2020
Author: 
Michael Plachta and Kasia Guzior
Volume: 
36
Issue: 
9
Abstract: 

On August 31, 2020, the Security Council president (Indonesia) announced the result of the voting on a draft resolution regarding the prosecution, rehabilitation, and reintegration (PRR) of foreign terrorist fighters (FTFs), sponsored by Indonesia. Because of the COVID-19 pandemic, the Security Council voted by email. The result was 14 countries in favour and only the U.S. opposed.[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.

** Kasia Guzior is a 2L law student at Mitchell Hamline in St. Paul, Minnesota.

[1] Edith M. Lederer, U.S. vetoes United Nations anti-terrorism resolution, August 31, 2020, https://globalnews.ca/news/7308143/us-veto-un-anti-terrorism-resolution.

 

U.S. Magistrate Judge Approves Extradition of Taylors to Japan in Ghosn Escape

Thursday, September 10, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On September 4, 2020, U.S. Magistrate Judge Donald Cabell found probable cause and approved the extradition of Michael Taylor, a U.S. Army Special Forces veteran, and his son Peter Taylor, whose extradition Japan has requested for helping smuggle Nissan Motor Co. Chairman Carlos Ghosn out of Japan. Ghosn escapedwhile he was on pre-trial release on financial misconduct charges.[1]



[1]    Associated Press, Extradition of two in Ghosn case approved, Wash. Post, Sept. 5, 2020, at A3, col. 4.

 

 

Suriname Arrest Warrant Made for Missing Former Finance Minister on Corruption Charges

Thursday, September 10, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
9
Abstract: 

On August 12, 2020, Suriname police issued an arrest warrant for Gillmore Hoefdraad, the former Finance Minister. The warrant suspects him of 11 criminal offenses, including violations of the banking and anti-corruption laws, fraud, and embezzlement.[1]



[1]    Suriname issues arrest warrant for former Finance Minister on corruption charges, https://www.kaieteurnewsonline.com, Aug. 12, 2020.

 

 

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