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 Establishment of Special Courts in Liberia and the Gambia: Recent Developments

Saturday, May 11, 2024
Author: 
Konstantinos D. Magliveras
Volume: 
40
Issue: 
5
Abstract: 

        In recent months, there has been considerable activity in Liberia and in The Gambia towards establishing courts of a criminal remit to prosecute and try those allegedly responsible for having carried out war crimes, crimes against humanity, human rights violations and other serious and heinous crimes in these two West African countries.

ICJ Refuses to Indicate Provisional Measures Against Germany

Saturday, May 11, 2024
Author: 
Michael Plachta
Volume: 
40
Issue: 
5
Abstract: 

        On April 30, 2024, the International Court of Justice (ICJ) issued an 15–1 Order rejecting a request by Nicaragua for the indication of provisional measures in connection with claims relating to Germany’s support for Israel in the ongoing Gaza conflict. It is recalled that on March 1, 2024, Nicaragua filed an Application instituting proceedings against Germany concerning alleged violations by Germany of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions of 1949 and their Additional Protocols, “intransgressible principles of international humanitarian law” and other norms of general international law in relation to the Occupied Palestinian Territory, particularly the Gaza Strip.

Commerce Interim Final Ruling Tightening Firearm Exports Excludes Haiti from License Restrictions, Acknowledges Urgency of Haitian & Caribbean Firearm Smuggling

Saturday, May 11, 2024
Author: 
Kenneth Boggess
Volume: 
40
Issue: 
5
Abstract: 

        Amid concern from Caribbean governments over the destabilizing potential of U.S. firearm exportations, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released on April 30, 2024 an interim final rule (IFR) on controls of firearms and related items in BIS’ scope.  Guided by a working group headed by the U.S. Department of State, the IFR tightens licensing and export restrictions on firearms for 36 countries.

European Parliament Adopts New Regulation on the Transfer of Proceedings in Criminal Matters

Saturday, May 11, 2024
Author: 
Michael Plachta
Volume: 
40
Issue: 
5
Abstract: 
        On April 23, 2024, the European Parliament adopted a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council on the transfer of proceedings in criminal matters.  With the innovative solutions adopted in other instruments, such as European Arrest Warrant, MLAT (1996), prisoner transfer, confiscation, the gathering of evidence through a European Investigation Order, and the carrying out of criminal investigations through a Joint Investigation Team, the European Union has revolutionized the system of international cooperation in criminal matters.

Beyond the Alps: Understanding Fishing Expeditions and Attorney-Client Privilege in U.S.-Swiss Tax Administrative Assistance

Saturday, May 11, 2024
Author: 
Paul Gully-Hart and Adrienne Hababou
Volume: 
40
Issue: 
5
Abstract: 

        On April 3, 2024, the Swiss Federal Administrative Court rendered a judgement on tax administrative assistance, regarding the topics of fishing expeditions and attorney-client privilege between U.S. lawyers and their Swiss clients.  The event that triggered the case was a request for administrative assistance from the U.S. Internal Revenue Service (IRS) to the Swiss Federal Tax Administration (FTA), regarding a U.S. taxpayer (hereafter: the Taxpayer). 

Miami Jury Convicts Former Comptroller General of Ecuador in Bribery and Laundering Scheme

Friday, May 3, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
5
Abstract: 

        After the bribery and money laundering accusations, Polit was arrested in March 2022. Court documents and evidence presented at the trial show that, between 2010 to 2015, Carlos Roman Polit Faggioni, 73, solicited and received over $10 million in bribe payments from Odebrecht  S.A., the Brazil-based construction multinational.  

The Commission for the Control of INTERPOL’s Files’ Mandate Over Government Requests for International Police Cooperation: When Does It Begin and When Does It End?

Friday, May 3, 2024
Author: 
Yuriy L. Nemets
Volume: 
40
Issue: 
5
Abstract: 

        Those who have tried to warn INTERPOL of a potentially incoming abusive Red Notice, diffusion or other government request most probably already know that the Commission for the Control of INTERPOL’s Files (CCF) does not consider such requests from individuals on their merits and does not render decisions in their regard.  INTERPOL calls such attempts to warn “pre-emptive requests.”  

European Parliament Adopts New Regulation on the Transfer of Proceedings in Criminal Matters

Friday, May 3, 2024
Author: 
Michael Plachta
Volume: 
40
Issue: 
5
Abstract: 

        On April 23, 2024, the European Parliament adopted a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council on the transfer of proceedings in criminal matters. With the innovative solutions adopted in other instruments, such as European Arrest Warrant, MLAT (1996), prisoner transfer, confiscation, the gathering of evidence through a European Investigation Order, and the carrying out of criminal investigations through a Joint Investigation Team, the European Union has revolutionized the system of international cooperation in criminal matters.

European Parliament Adopts AML/CFT Package, including 6th AML Directive

Friday, May 3, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
5
Abstract: 

        On April 24, 2024, the European Parliament adopted a package of laws buttressing the European Union’s mechanisms to combat money laundering and terrorist financing. The European Parliament adopted the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) package consisting of the sixth Anti-Money Laundering (AML) directive  (adopted with 513 votes in favor, 25 against, and 33 abstentions), the EU “single rulebook” regulation (adopted with 479 votes in favor, 61 against, and 32 abstentions), and the Anti-Money Laundering Authority a(AMLA) regulation (adopted with 482 votes in favor, 47 against, and 38 abstentions).

 

Spain Arrests Bitcoin Investor on U.S. Tax Fraud Charges

Friday, May 3, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
5
Abstract: 

                On April 29, 2024, Spain arrested Roger Ver, an early investor in bitcoins, on a U.S. extradition warrant.  In an indictment unsealed in the U.S. District Court for the Central District of California, Ver is charged with mail fraud, tax evasion, and filing false tax returns.[1]


[1]    U.S. Department of Justice, Early Bitcoin Investor Charged with Tax Fraud, Apr. 30, 2024.

 

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