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.

Radicalization Awareness Network (RAN) Reports on Treatment of Foreign Terrorist Fighters Returning Home

Friday, September 1, 2017
Author: 
Michael Plachta and Eric Nilsson
Volume: 
33
Issue: 
9
Abstract: 

On July 31, 2017, the Radicalization Awareness Network (RAN) published a comprehensive manual for European countries dealing with the return of foreign terrorist fighters (FTFs).

Mass Prosecutions and INTERPOL Red Notice Abuse

Friday, August 25, 2017
Author: 
Yuriy Nemets
Volume: 
33
Issue: 
9
Abstract: 

In late November 2013, the president of Ukraine, Viktor Yanukovych, announced his country’s decision to suspend its bid for membership in the European Union in favor of maintaining trade relations with Russia. The announcement led to mass protests and deadly clashes between civilians and law enforcement. Yanukovych, several members of his cabinet, and a group of private citizens allegedly linked to his regime left the country. After the new cabinet took over, Ukrainian prosecutors brought charges against Yanukovych, various former government officials, and other individuals.  Ukraine appealed to INTERPOL in order to locate and arrest the former president and others who were facing charges but managed to leave the country. 

Review: Criminalized Power Structures:  The Overlooked Enemies of Peace and Combating Criminalized Power Structures: A Toolkit

Friday, August 25, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
9
Abstract: 

The two volumes discuss criminalized power structures (CPS) that pose obstacles to the success of any peace process undertaken during or after a civil war or other period of intense political violence. This review is limited to Volume II.

Appellate Court Upholds Dismissal of Suit by Sen. Rand Paul to Strike Down FATCA

Friday, August 25, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
9
Abstract: 

On August 18, 2017, the U.S. Court of Appeals for the Sixth Circuit affirmed in a unanimous opinion written by Circuit Judge Danny J. Boggs the dismissal of a lawsuit brought by Senator Rand Paul and other individuals who claim to be subject to Foreign Account Tax Compliance Act (FATCA) and the Foreign Bank Account Report (FBAR).The suit sought to enjoin the enforcement of FATCA, the IGAs, and the FBAR. The plaintiffs now appeal the dismissal of their lawsuit for lack of standing.

U.S. Treasury Issues Advisory and Geographic Targeting Order as Congress Considers Entity Transparency Bills

Friday, August 25, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
9
Abstract: 

On August 22, 2017, the Financial Crimes Enforcement Network (FinCEN) announced the issuance of revised Geographic Targeting Orders (GTOs) that require U.S. title insurance companies to identify the natural persons behind shell companies used to pay for luxury residential real estate in seven metropolitan areas.[1]  After the recent enactment of the Countering America’s Adversaries through Sanctions Act, FinCEN is revising the GTOs to include a broader range of transactions, such as transactions involving wire transfers.  FinCEN also extended the GTOs to include transactions conducted in the City and County of Honolulu, Hawaii.[2]

US Justice Department Issues Report on Prosecutions of Transnational Organized Crime

Friday, August 18, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
8
Abstract: 

On August 1, 2017, the United States Department of Justice issued a report on the convictions of members of transnational criminal organizations during the third quarter of the Fiscal Year 2017.  The report summarizes the Trump Administration and Justice Department’s proactive enforcement efforts against criminal groups. This article highlights the Executive Order and the report.

 

U.S. Government Moves to Suspend 1MDB Civil Forfeiture Case

Friday, August 18, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
8
Abstract: 

On August 10, 2017, the U.S. Department of Justice (DOJ) moved to suspend the civil forfeiture proceedings against the assets acquired by Malaysian financier Low Taek Jho (also known as Jho Low), and others involved with the 1Mayalysia Development Berhad (1MDB) because continuing to litigate these cases may interfere and have adverse effect with the criminal investigation.

 

U.S. Makes Several Pledges at Anti-Corruption Summit hosted by the UK on May 12, 2016

On May 12, 2016 UK Prime Minister David Cameron hosted an Anti Corruption Summit in London. As a participant, the United States in a State Department press release made several pledges to combat international corruption.

https://www.gov.uk/government/news/pm-announces-new-global-commitments-to-expose-punish-and-drive-out-corruption

G20 Releases Communique requiring the OECD by July 2016 to establish objective criteria to identify non-cooperative jurisdictions with respect to tax transparency

On April 14, 2016 at the meeting of the Finance Ministers and Central bank Governors of the G20, a 12 point communique was released along with a 9 point Annex and a 9 point "issues of further action". One of the twelve points addressed global initiatives to promote tax transparency, including the G20 requirement that the OECD establish objective criteria to identify non-cooperative jurisdictions with respect to tax transparency by its July 2016 meeting.

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