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.

Israel Tax Authority in Joint Investigation with French Arrests 3 for Laundering Crypto Currency

Friday, August 19, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
9
Abstract: 

On August 15, 2022, the Israel Tax Authority announced the arrest of three suspects in a money laundering scheme involving tens of millions of shekels using complex arrangements of crypto-graphic currencies.  The arrests follow a joint investigation by the Israel Police and the Israel Tax Authority and cooperation with Europol and the French Police, as well as the Cyber Department and the International Department of the State Attorney’s Office.[1]



[1]    Israeli Tax Authority, 3 suspects were arrested early this morning on suspicion of money laundering amounting to tens of millions of shekels using cryptocurrency, Aug. 15, 2022 https://www.gov.il/he/departments/news/sa150822-1.

 

U.S. Court Grants Warrant to Seize Plane and yacht of Sanctioned Russian Oligarch

Friday, August 12, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
8
Abstract: 

On August 8, 2022, the U.S. Department of Justice announced it received court authorization to seize an Airbus A319-100 (the Airbus) owned and controlled by sanctioned Russian oligarch Andrei Skoch, pursuant to a seizure warrant from the U.S. District Court for the Southern District of New York.  The warrant found that the airplane is subject to seizure and forfeiture based on probable cause of violation of U.S. anti-money laundering laws.[1]



[1]    U.S. Department of Justice, United States Obtains Warrant for Seizure of Airplane of Sanctioned Russian Oligarch Andrei Skoch, Worth Over $90 Million, Press Rel. No. 22-851 https://www.justice.gov/opa/pr/united-states-obtains-warrant-seizure-air...

 

CHIPS Act of 2022 Contains Restrictions on U.S. Entities and Persons Working in Sensitive Countries

Friday, August 12, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
8
Abstract: 

On August 9, 2022, President Joseph Biden  signed into law the CHIPS Act of 2022.  It enables the U.S. Government a primary role in deciding which chip makers will benefit from the legislation’s funding.  It also gives the Department of Commerce the authority to review future company investments in sensitive countries (e.g., China) and to claw back funds from any firm that it deems to have violated its rules.  The law also authorizes the Commerce Department to update the rules for foreign investment in the future.  The law also requires Federal research agencies to prohibit participation in “foreign talent recruit programs” and requires Federal research agencies to create policies to prohibit awards to individuals party to a “malign foreign talent recruitment program.”  To a large extent the new law is an adjunct to the “Strategy for Countering Nation-State Threats,” which Matthew Olsen, the new head of the National Security Division of the Department of Justice, announced on February 23, 2022 replaced the China Initiative.  This article discusses the restrictive parts of the CHIPS Act. 

Colombia Arrests 3 Persons on U.S. Extradition Warrant for Wildlife Trafficking

Friday, August 12, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
8
Abstract: 

On July 8, 2022, the Colombian Attorney General announced that, through the Specialized Unit against Human Rights Crimes and with the National Police, it succeeded in arresting three persons whose extradition the United States has requested for transporting skins of exotic animals and endangered species.[1]



[1]    Attorney General of Colombia, Arrested with the End of Extradition Allegedly Responsible for Sending Illegally to the U.S. Leather Goods Made from Skins of Animals of Endangered Species (Fiscalia de Colombia), Capturados con Fines de Extradicion Presuntos Responables de Enviar Ilegalmente a Estados Unidos Productos de Marroquineria Elaborados con Pieles de Animales en Peligro de Extincion), Boletin 44951, July 8, 2022.

 

Four Guatemalan Nationals Indicted by Joint Task Force Alpha Arrested in Guatemala

Friday, August 12, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
8
Abstract: 

On August 2, 2022, the Guatemalan National Civil Police (PNC) executed a significant enforcement operation targeting a transnational human smuggling organization.  The operation was conducted with extensive cooperation from the United States and led to the arrest of four alleged human smugglers indicted by Joint Task Force Alpha (JTFA).  In total, the Guatemalan authorities detained 19 alleged members of Alfa Siete, a gang generating nearly $2 million from human smuggling to the U.S.[1]



[1] Alessandro Ford, United States Suddenly Keen to See Guatemala Extradite Human Smugglers, INSIGHTCRIME, August 8, 2022.

 

Report on Conflict Antiquities Underscores Need to Prosecute Participants in Illegal Antiquities Trade

Friday, August 5, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
8
Abstract: 

On June 8, 2022, the Clooney Foundation for Justice published a report, documenting the harms created by looting of antiquities as a weapon of war and a major source of financing state and non-state armed groups in conflicts in the Middle East.  The report makes a number of excellent recommendations. 

ICAO Releases Fact Finding Report on Ryanair Flight 4978

Friday, August 5, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
8
Abstract: 

On July 19, 2022, the International Civil Aviation Organization (ICAO) released its fact finding report into the Ryanair Flight 4978 incident on May 23, 2021, when the flight was diverted by a bomb threat to land at Minsk National Airport, where two passengers were arrested by authorities.  

United Nations Envoy Issues Forceful Statement on Press Freedom in the Philippines and Cyber Libel Laws

Friday, July 29, 2022
Author: 
Linda Friedman Ramirez
Volume: 
38
Issue: 
8
Abstract: 

The Philippine Court of Appeals on July 7, 2022 upheld the criminal conviction of Nobel Peace Prize laureate Maria Ressa and her co-defendant, Reynaldo Santos Jr., for the offense of criminal libel, a case not brought until six years after the alleged libel was published and for violation of a cyber libel law that did not yet exist. [1]

 

Harsh Prison Realities in the Caribbean

Friday, July 29, 2022
Author: 
Ivelaw Lloyd Griffith
Volume: 
38
Issue: 
8
Abstract: 

The circumstances of prisons in the Caribbean were spotlighted this past July 5 and 6 at a conference on penal reform held in St. Kitts and Nevis.  The conference was organized by IMPACT Justice, a Barbados-based program funded by the Canadian government and headed by Professor Velma Newton, a former law dean at the Cave Hill campus of the University of the West Indies.[1] The conference, which I had the honor to chair, had several aims, including to highlight access to justice and other issues within the prison sector, such as inmate treatment, physical facilities, inmate programs and services, and compliance with the Mandela Rules. Moreover, the meeting was intended to reflect on improvements needed and encourage discussions among government officials, advocates, and experts about reform. The conference, which brought together prison sector leaders, prosecutors, academic experts, legal aid advocates, and journalists, some in person and others via zoom, highlighted some of the harsh realities of prisons in the Caribbean, a few of which are discussed below.  



[1] For a comprehensive examination of IMPACT Justice, see IMPACT Justice Project | (caribbeanimpact.org).

 

International Court of Justice Dismisses Objections to Its Jurisdiction in the Rohingya Genocide Case

Friday, July 29, 2022
Author: 
Gino Naldi* and Konstantinos Magliveras**
Volume: 
38
Issue: 
8
Abstract: 

In November 2019, The Gambia instituted proceedings against Myanmar alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) through “acts adopted, taken and condoned by the Government of Myanmar” against the Rohingyas, a principally Muslim and stateless ethnic group, which has lived for centuries in the majority Buddhist Myanmar. It also requested the indication of provisional measures to protect the Rohingyas’ rights, which were ordered in January 2020.[1] Exactly one year later, Myanmar raised four preliminary objections to the ICJ jurisdiction and the admissibility of the Application. The ICJ gave its judgment, rejecting them all, in July 2022.[2] The purpose of this note is to offer an overview of Myanmar’s objections in the order examined by the ICJ.



* Former university senior lecturer in Law, United Kingdom; ginonaldi57@yahoo.co.uk.

** Attorney at law, Athens, Greece; kmagliveras@aegean.gr.

[1] Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Provisional Measures, Order of 23 January 2020, ICJ Rep 2020, p. 3, [2020] 59 ILM 616 et seq. See G. Naldi & K. Magliveras, “International Court of Justice Indicates Provisional Measures in the Rohingya Genocide Case” [2020] 36 IELR 49-53.

[2] Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Preliminary Objections of Myanmar, Judgment of 22 July 2022 <https://www.icj-cij.org/en/case/178> (Judgment on Preliminary Objections).

 

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