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. Congress Passes Justice for Victims War Crimes Act

Thursday, December 29, 2022
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
1
Abstract: 

On December 22, 2022, just hours before an address to the Congress by Ukrainian President Volodymyr Zelensky, Congress approved a bill to enlarge the U.S. government’s authority to prosecute international war crimes suspects who are in the United States, permitting their trial in a federal court regardless of the nationality of the victim or the perpetrator, or where the crime occurred.[1]



[1]    Aishvarya Kavi, Congress Votes to Expand U.S. Power to Prosecute International War Crimes, N.Y. Times, Dec. 23, 2022.

Honeywell UOP Will Pay $160M for Joint Settlement of Bribery Allegations with the U.S. and Brazil

Friday, December 23, 2022
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
1
Abstract: 

On December 19, 2022, UOP LLC, doing business as Honeywell UOP, a U.S.-based subsidiary of Honeywell International Inc., has reach a joint settlement to resolve parallel bribery investigations by criminal and civil authorities in the United States and Brazil arising out of the bribe payments offered to a high-ranking official at Brazil’s state-owned oil company.  The settlement requires Honeywell UOP to pay more than $160 million and agree to a three-year deferred prosecution agreement (DPA) with the U.S. Department of Justice[1] in connection with a criminal information filed in the U.S. District Court for the District of Texas, charging the company with conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA).[2]



[1]    U.S. v. UOP, LLC, d/b/a  Honeywell UOP, U.S. District Court, S.D. Texas, Houston Div., Criminal No.. 22-cr-624, Deferred Prosecution Agreement, Dec. 19, 2022, paragr. 3 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.justice.gov/criminal-fraud/file/1558776/download.

[2]    U.S. Department of Justice, Honeywell UPO to Pay Over $160 Million to Resolve Foreign Bribery Investigations in U.S. and Brazil, Press Rel. 22-1383, Dec. 19, 2022. 

 

U.S. Treasury Issues Proposed Regs on Access to Beneficial Ownership Information

Friday, December 23, 2022
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
1
Abstract: 

On December 15, 2022, the Financial Crimes Enforcement Network (FinCEN) of the  United States Department of Treasury issued in the Federal Register its second set of proposed beneficial ownership regulations (Notice of Proposed Rule Making or NPRM) with respect to furnishing access to the information it receives pursuant to the Corporate Transparency Act (CTA) and safeguards for protecting the confidentiality of such information.

Lawsuit Against Saudi Crown Prince Dismissed Due to Head-of-State Immunity

Friday, December 23, 2022
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
1
Abstract: 

On November 18, federal judge John D. Bates of the U.S. District Court for the District of Columbia dismissed a lawsuit against Saudi Crown Prince Mohammad bin Salman (MBS) for the murder of Washington Post reporter Jamal Khashoggi, citing head of state immunity.  The suit was brought forth by Khashoggi’s widow, and a non-profit organization he helped found, seeking relief under the Torture Victim Protection Act (TVPA) and the Alien Tort Statute (ATS). 

European Committee on Crime Problems Acts on Environment and Key Issues of International Cooperation

Friday, December 23, 2022
Author: 
Michael Plachta
Volume: 
39
Issue: 
1
Abstract: 

The Council of Europe’s (CoE) European Committee on Crime Problems (CDPC) held its 82nd plenary session on November 28-30, 2022.[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.

[1] https://rm.coe.int/cdpc-draft-agenda-28-30-november-2022-2756-7453-3382-v-1/1680a8c3c3.

 

U.S. Indicts Alleged Russian Agent for Sanctions Violations and Money Laundering

Friday, December 16, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On December 7, 2022, United States law enforcement announced the unsealing of a seven-count indictment in the U.S. District Court for the Eastern District of New York, charging Andrii Derkach, 55, of Ukraine, with conspiracy to violate the International Emergency Economic Powers Act (IEEPA), bank fraud conspiracy, money laundering conspiracy, and four counts of money laundering in connection with the purchase and maintenance of two condominiums in Beverly Hills, California.  The indictment alleges Derkach hid his interest in the transactions and violated sanctions imposed in 2020.  Derkach is at large.  The charges and forfeiture action are the first use of criminal and forfeiture powers targeting the concealment of ownership by senior foreign political officials, enacted as part of the National Defense Authorization Act of 2021.[1]



[1]    U.S Department of Justice, Active Russian Agent Andrii Derkach Indicted for Scheme to Violate Sanctions in the United States, Press Rel. 22-1322, Dec. 7, 2022.

 

UN Human Rights Office Finds War Crime of Willful Killing of Civilians by the Russian Forces in Ukraine

Friday, December 16, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
12
Abstract: 

On December 7, 2022, the Office of the High Commissioner for Human Rights (OHCHR) released its report on killings of civilians, encompassing both summary executions and attacks on individual civilians, committed in parts of Kyiv, Chernihiv, and Sumy regions of Ukraine between February 24 and April 6, 2022.[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.

[1] https://www.ohchr.org/en/press-releases/2022/12/un-report-details-summar....

 

European Parliament Announces Major Reforms Amid Corruption Scandal

Friday, December 16, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
12
Abstract: 

On December 15, 2022, the European Parliament adopted a much awaited resolution, which is a swift reaction and a follow-up to serious allegations of corruption involving some top officials at this body. This seems to be a jump-start towards broader and far-reaching reforms in the area of transparency and accountability in the European institutions.

 

European Court Rules DAC6 Intermediary Reporting Rules Violate Legal Professional Privilege

Friday, December 16, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On December 8, 2022, the Grand Chamber of the  Court of Justice of the European Union (CJEU) held in the case of the Flemish Bar Association and others v. Belgium, C-694/20 (CJEU 2020) that the European Union directive on administrative cooperation  that requires attorneys serving as intermediaries in cross-border tax planning arrangements to notify other intermediaries of their reporting obligation (commonly known as DAC6) violates article 7 of the Charter of Fundamental Rights of the EU concerning the right to legal professional privilege.  The Court issued a press release summarizing its judgment.

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