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.

Human Rights Watch Documents and Recommends Action on Transnational Repression

Friday, March 15, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On February 22, 2024, Human Rights Watch issued a report on the targeting by governments of their dissidents abroad and made recommendations on responding to the repression.  The report covers over 100 cases of transnational repression.  It includes more than 75 cases from the past 15 years, committed by over two dozen governments across four regions. 

Book Review: Challenged Sovereignty: The Impact of Drugs, Crime, Terrorism, and Cyber Threats in the Caribbean

Friday, March 15, 2024
Author: 
Review by Bruce Zagaris and Book by Ivelaw Lloyd Griffith
Volume: 
40
Issue: 
3
Abstract: 

This book discusses the drug trade, crime, terrorism, and cyber threats in the Caribbean.  The book‘s theme is that cross-border Problems Without Passports (PWPs) have rocked the very foundation of nation states.  The book looks at the regionwide impact of PWPs and the complex security and sovereignty issues.

Countries Agree on Best Practices for Nazi-Era Art

Friday, March 15, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On March 6, 2024, in recognition of the 25th anniversary of the Washington Conference Principles, 44 countries signed an agreement in Washington D.C. to strengthen those guidelines.  The new agreement, “Best Practices for the Washington Principles on Nazi-Confiscated Art”, clarifies ambiguities that have created varying interpretations and inconsistent applications.[1]



[1]    U.S. Department of State, Best Practices for the Washington Conference Principles on Nazi-Confiscated Art, March 5, 2024  https://www.state.gov/best-practices-for-the-washington-conference-principles-on-nazi-confiscated-art; Catherine Hickley, 44 Countries Refine the Pact That Guides the Return of Nazi-Looted Art, N.Y. Times, March 6, 2024, at A9, col. 1.

 

U.S. Grand Jury Indicts Hong Kong National for Smuggling Turtles into the U.S.

Friday, March 15, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On March 8, 2024, a federal grand jury in Brooklyn, New York charged a Chinese man in a four-count indictment with smuggling eastern box turtles, a protected wildlife species, from the United States to China for the global pet trade black market.

 

U.S. District Court in Alabama Rules CTA Unconstitutional

Friday, March 8, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On March 1, 2024, Judge Liles C. Burke, U.S. District Court for the Northern District of Alabama (Northeastern Division) issued a 53-page memorandum opinion, declaring that the Corporate Transparency Act (CTA) “exceeds the Constitution’s limits on the legislative branch and lacks a sufficient nexus to any enumerated power to be a necessary or proper means of achieving Congress’ policy goals.” Judge Burke granted plaintiffs’ National Small Business United (NSBA) and Issac Winkles, an NSBA member and owner of two small businesses, motion for summary judgment.  [1]



[1]   Nat’l Small Bus. United v. Yellen, No. 5:22-cv-01448-LCB (N.D. Ala. 2022).

 

U.S. Indicts Man in San Diego for Smuggling Potential Greenhouse Gases into the U.S.

Friday, March 8, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On March 4, 2024, the United States arrested Michael Hart of San Diego, charging him with smuggling potent greenhouse gases into the U.S. from Mexico and selling them for profit, in violation of regulations meant to curb the use of greenhouse gases and slow climate change.

Kenya and Haiti Sign Agreement, Allowing Deployment of Kenya Police

Friday, March 8, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On March 1, 2024, Kenya and Haiti signed a reciprocal agreement on police cooperation.  The agreement apparently will enable Kenya to send a contingent of 1,000 police officers to Haiti to lead a multinational mission to restore law and order in Haiti.[1]

 

Cybersecurity Firm Leak Exposes Chinese Government Hacking Practices and Process of Penetrating Domestic and Foreign Entities

Friday, March 8, 2024
Author: 
Kenneth Boggess
Volume: 
40
Issue: 
3
Abstract: 

A series of documents that leaked from the Sichuan branch of Shanghai Anxun Information Technology Co., Ltd. (“I-Soon”) in mid-February 2024 have revealed crucial details about the manner in which the Chinese government outsources the hacking of domestic and foreign entities.  The firm’s leaked records reveal it to be one of hundreds of private enterprises contracted to conduct state-sponsored hacking in an effort by the Chinese government to leverage private sector cybersecurity talent for state goals.[1]



[1]               Keith Bradsher, Aaron Krolik, John Liu, and Paul Mozur, Leaked Files Show the Secret World of China’s Hackers for Hire, N.Y. Times, Feb. 22, 2024, https://www.nytimes.com/2024/02/22/business/china-leaked-files.html.

 

FATF Plenary Makes New Guidance for Beneficial Ownership of Legal Arrangements, Will Release Consultation on Wire Transfers, Non-Profit Organizations, and Virtual Asset Jurisdictions

Friday, March 1, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On February 23, the Financial Action Task Force concluded the fifth plenary under the Presidency of T. Raja Kumar of Singapore. 

New Guidance for R. 25 on Beneficial Ownership and Transparency of Legal Arrangements

FATF’s issuance of new risk-based guidance for the implementation of Recommendation 25 on the beneficial ownership and transparency of legal arrangements finishes FATF’s work to strengthen the transparency of beneficial ownership internationally. 

 

International Law Enforcement Coalition Takes Down LockBit Ransomware Gang

Friday, March 1, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On February 20, 2024, the National Crime Agency (NCA) in the United Kingdom, the U.S. Department of Justice (DOJ), and nine other law enforcement agencies announced they have taken control of computers and software at the core of the LockBit ransomware gang, the world’s most prolific ransomware group.  The takedown gives victims hope that they will not be forced to make ransom payments to recover data stolen from their computer systems.[1]



[1]    Joseph Menn and Leo Sands, 11-nation operation takes down world’s most prolific ransomware group, Wash. Post, Feb. 21, 2024, at A16, col. 1.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               

 

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