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.

Taxing Crime: A Whole of Government Approach to Fighting Corruption, Money Laundering and Tax Crime

Friday, December 9, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On November 28, 2022, authors of “Taxing Crime: A Whole of Government Approach to Fighting Corruption, Money Laundering and Tax Crime” participated in a webinar moderated by Jeffrey Owens, discussing the new book.

 

Georgetown Law Center for National Security to Head War Crimes Advisory Group

Friday, December 9, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
12
Abstract: 

On November 15, the Georgetown Law Center for National Security (CNS) announced that they were selected by the U.S., EU, and United Kingdom to lead and coordinate the Atrocity Crimes Advisory Group (ACA), an operational hub responsible for coordinating technical and legal assistance for the government of Ukraine in enacting war crimes accountability for the Russo-Ukraine conflict.  The U.S. State Department gave the CNS an initial grant of $10 million and the project will be led by CNS Director Anna Cave and Ambassador Clint Williamson,[1] who has been leading the ACA since its inception in May.[2]



[1] Mr. Williamson is a diplomat, lawyer, and educator and was the former U.S. Ambassador-at-Large for War Crimes Issues in the U.S. Department of State.

[2] Georgetown Law Center on National Security to Support War Crimes Investigations in Ukraine, GEORGETOWN LAW, November 16, 2022 https://www.law.georgetown.edu/news/georgetown-law-center-on-national-security-to-support-war-crimes-investigations-in-ukraine/#_ga=2.144830461.874417147.1670251566-592816373.1664928358.

 

European Court of Justice Rules Beneficial Ownership Registry Information Violate EU Privacy Obligations

Friday, December 9, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On November 22, 2022, the Grand Chambers of the Court of Justice of the European Union (CJEU) issued a judgment declaring that the European Union anti-money-laundering directive,[1] as adopted by a Luxembourg law in 2019, establishing a Register of Beneficial Ownership,  with some of the information accessible to the general public, is invalid.  The Luxembourg law makes information accessible on at least the name, the month and year of birth, the nationality and country of residence of the beneficial owner, as well as the nature and to extent of the beneficial interest held. 



[1]    Directive (EU) 2015/849 of the European Parliament and of the Council of May 20, 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ 2015 L 141, p. 73), as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of May 30, 2018 (OJ 2018 L 156, p. 43).

 

Swiss Company Enters into Global Settlement with U.S., Swiss, and South Africa on Bribery Charges

Friday, December 9, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On December 3, 2022, ABB Ltd. (ABB), a Swiss-based multinational technology company listed on the New York Stock Exchange with core businesses focused on electrification, automation, motion, and robotics has agreed to pay more than $315 million to resolve an investigation into violations of the Foreign Corrupt Practices Act (FCPA) arising from the bribery of a high-ranking official at Eskom Holdings  SOC Limited (Eskom), a South African public utility and the largest producer of electricity in South Africa.[1]



[1]    U.S. Department of Justice, ABB Agrees to Pay Over $315 Million to Resolve Coordinated Global Foreign Bribery Case, Press Rel. 22-1296, Dec. 3, 2022; In the Matter of ABB Ltd., SEC Administrative Proceeding File No. 3-21248, Order Instituting Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing a Cease-and-Desist Order, Dec. 3, 2022.

 

Billions of Dollars Set to Venezuelan Humanitarian Fund as Refugee Migration Reaches New Records

Friday, December 9, 2022
Author: 
Savannah Telfer
Volume: 
38
Issue: 
12
Abstract: 

On November 26th, the Unitary Platform and Maduro government reached an agreement to request that billions of dollars that have been frozen abroad be funneled to the United Nations (UN) humanitarian fund.[1]  This UN fund will be focused on improving Venezuelan education, healthcare, food, and infrastructure.  This agreement comes as Venezuelan refugees flee the country in record numbers, with 34,000 Venezuelans arriving at the U.S. borders in September.[2]



[1] U.S. Department of the Treasury, Treasury Issues Venezuela General License 41 Upon Resumption of Mexico City Talks, Press Rel. Nov. 26, 2022.

[2] Muzaffar Chishti & Kathleen Bush-Joseph, Amid Record Venezuelan Arrivals, Biden Administration Embraces Border Expulsions Policy, MIGRATION POLICY INSTITUTE, Oct. 27, 2022. https://www.migrationpolicy.org/article/venezuelan-expulsions-policy-biden

 

Interpol Issues Red Notice against Isabel dos Santos

Friday, December 9, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On November 28, 2022, the media reported that the Angolan government has requested that Interpol issue a Red Notice against Isabel dos Santos, the daughter of Angola’s former president and ex-billionaire, in connection with the corruption investigation that is continuing.[1]  On November 30, Interpol confirmed it has issued a Red Notice. Although no criminal charges have been filed yet, Angolan prosecutors are investigating her of causing more than $5 billion in losses to Angola during her father’s  administration.[2]      



[1]    Siladitya Ray, Angola Issues Warrant Against Former billionaire and Daughter of Ex-President Dos Santos, Forbes, Nov. 29, 2022.

[2]    Jane Flanagan, Isabel Dos Santos considers presidential run in Angola despite corruption claims, Sunday Times, Nov. 28, 2022.

 

South Africa Arrests Israeli Fugitive Pursuant to Interpol Red Notice

Friday, December 2, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
12
Abstract: 

On November 17, Interpol South Africa announced the arrest of Israeli fugitive Yaniv Ben Simon and seven others in a pre-dawn raid in Bryanston, Johannesburg.  The raid was carried out by South African law enforcement and was made pursuant to a 2015 Interpol Red Notice issued by Israel for Simon’s suspected role in a 2003 car bombing in Tel Aviv, a separate attack in 2004, and large-scale drug smuggling operations in conjunction with the Abergil crime family, an Israeli organized crime group.   South African authorities are also investigating Simon’s potential involvement in the murder of at least 12 South Africans.

National Small Business Association Sues U.S. Treasury Challenging the Corporate Transparency Act

Friday, December 2, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On November 15, 2022, National Small Business United, doing business as the National Small Business Association, brought a complaint against the United States Department of the Treasury in the U.S. District Court for the Northern District of Alabama, Northeastern Division, requesting declaratory and injunctive relief.  The complaint requests that the court declare the Corporate Transparency Act (CTA) to be unconstitutional, declare that the CTA violates the due process requirements of the Fifth Amendment; and enjoin the Treasury from enforcing the Act.

 

European Court of Justice Rules Beneficial Ownership Registry Information Violate EU Privacy Obligations

Friday, December 2, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On November 22, 2022, the Grand Chambers of the Court of Justice of the European Union (CJEU) issued a judgment declaring that the European Union anti-money-laundering directive,[1] as adopted by a Luxembourg law in 2019, establishing a Register of Beneficial Ownership,  with some of the information accessible to the general public, is invalid.  The Luxembourg law makes information accessible on at least the name, the month and year of birth, the nationality and country of residence of the beneficial owner, as well as the nature and to extent of the beneficial interest held. 



[1]    Directive (EU) 2015/849 of the European Parliament and of the Council of May 20, 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ 2015 L 141, p. 73), as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of May 30, 2018 (OJ 2018 L 156, p. 43).

 

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