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.

Regulatory Enforcement; Developments in the Cayman Islands

Friday, May 19, 2023
Author: 
Elisabeth Lees
Volume: 
39
Issue: 
5
Abstract: 

Jurisdictions have been under pressure to demonstrate their effectiveness in the Fourth Round of Financial Action Task Force Mutual Evaluations, and this will be intensified during the Fifth Round, due to commence in 2024. Mutual Evaluations assess the level of a jurisdiction’s compliance with the Anti-Money Laundering, Anti Terrorist Financing, Counter Proliferation Financing and Targeted Financial Sanctions framework laid down by the FATF as the global standard setter. The assessment consists of two parts, technical compliance (whether the jurisdiction has the legal framework in place) and effectiveness (how well the jurisdiction is implementing this framework). There are particularly dire consequences for those jurisdictions that receive poor Mutual Evaluation results[1] and meet the M3[2] financial threshold, as these countries, following an observation period[3], if they fail to demonstrate ‘positive and tangible’ progress will be placed on the FATF list of ‘Jurisdictions under Increased Monitoring’. Following the February 2023 FATF Plenary, 26 countries feature on this so called ‘grey list’, which can result in adverse economic consequences for the grey-listed countries.



[1] The jurisdiction has 20 or more non-Compliant (NC) or Partially Compliance (PC) ratings for technical compliance; or it is rated NC/PC on 3 or more of the following Recommendations: 3, 5, 6, 10, 11, and 20; or it has a low or moderate level of effectiveness for 9 or more of the 11 Immediate Outcomes, with a minimum of two lows; or it has a low level of effectiveness for 6 or more of the 11 Immediate Outcomes.

[2] A country may be subject to review by the International Cooperation Review Group if it is above a 5 Billion USD threshold for M3 (Money supply).

[3] The Observation Period is a twelve-month period during which a jurisdiction is given time to meet its Recommended Actions and thus avoid the grey list.

 

EU Parliament Approves New Rules for Regulating and Tracing Transfer of Crypto-Assets

Friday, May 12, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
5
Abstract: 

On April 20, 2023, the European Parliament approved the first common EU rules on anti-money laundering with respect to crypto-assets, tracing crypto-asset transfers, and supervision and consumer protection.[1]



[1]    European Union, Crypto-assets: green light to new rules for tracing transfers in the EU, Press Releases, Apr. 20, 2023.

 

U.S. Court Orders Justice Department to Subpoena Banco Santander for Argentine Tax Dispute

Friday, May 12, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
5
Abstract: 

On May 8, 2023, the United States District Court for the Southern District of Florida ordered the appointment of a commission to secure a subpoena for bank records to be sent to the U.S. Department of Justice (DOJ), Office of Foreign Litigation.  In turn, the DOJ will transmit the information to the National Tax Court in Buenos Aires for use in a tax dispute.[1]



[1]    In the Matter of Transportadora de Energia S.A. v. IRS (In Re: Request for Judicial Assistance from the National Tax Court in Buenos Aires, Argentina), U.S. District Court S.D. Florida, Order Appointing Commissioner, May 8, 2023.

 

U.S. and Europol Break Up Darknet Trafficking of Fentanyl and Opioids

Friday, May 12, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
5
Abstract: 

On May 2, 2023, the United States Department of Justice and its Joint Criminal Opioid and Darknet Enforcement (JCODE) team, Europol, and its international partners announced the results of Operation Spector.  In particular, the operation resulted in 288 arrests, the most ever for any JCODE operation and approximately twice as many of the prior operation.  In addition, law enforcement made more seizures than any prior operation, including 117 firearms, 850 kilograms of drugs that include 64 kilograms of fentanyl or fentanyl-laced narcotics, and $53.4 million in cash and virtual currencies.[1]



[1]    U.S. Department of Justice, Largest International Operation Against Darknet Trafficking of Fentanyl and Opioids Results in Record Arrests and Seizures, Press Rel, 23-501, May2, 2023.

 

Numerous Enforcement Actions for Violations of North Korean Sanctions

Friday, May 5, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
5
Abstract: 

On April 24, the U.S. Department of Justice (DOJ) unsealed two federal indictments against a representative for the North Korean Foreign Trade Bank (FTB) for his role in a money laundering conspiracy through cryptocurrency.  The indictments allege that North Korean operatives evaded sanctions, conspiring with over-the-counter cryptocurrency traders to launder stolen funds to buy stolen goods previously unavailable to North Korea due to U.S. sanctions.[1]  This case also relates to a settlement by a British Tobacco Company for selling tobacco to North Korea despite previously exclaiming that they were ceasing these illicit operations.



[1] DOJ, North Korean Foreign Trade Bank Representative Charges in Crypto Laundering Conspiracies, DOJ, April 24, 2023 https://www.justice.gov/opa/pr/north-korean-foreign-trade-bank-representative-charged-crypto-laundering-conspiracies.

 

Seeking Asylum While on the INTERPOL Wanted List: The Expert Witness Perspective

Friday, May 5, 2023
Author: 
Yuriy L. Nemets
Volume: 
39
Issue: 
5
Abstract: 

In this article, its author, based on his experience as an expert witness in the asylum cases of victims of INTERPOL abuse, puts forward the reasons that, in his opinion, often force such individuals not to seek relief from INTERPOL prior to applying for asylum and thereby risk suspicious treatment from immigration authorities, prolonged detention and deportation

 

FinCEN Issues $1.5 Million Civil Penalty on S. Dakota Kingdom Trust Company for AML Violations

Friday, May 5, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
5
Abstract: 

On April 26, 2023, the Financial Crimes Enforcement Network (FinCEN) and The Kingdom Trust Company (Kingdom Trust) entered into a consent order, imposing a civil money penalty and requiring Kingdom Trust to take actions to remediate its deficiencies.[1]

 

Frank’s International Will Pay $8 Million to Settle SEC Charges over Angola Bribes

Friday, May 5, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
5
Abstract: 

On April 26, 2023, Frank’s  International, which is now Expro Group Holdings N.V., entered into  a cease-and-desist order and agreed to pay disgorgement of $4,176,858, prejudgment interest of $821,863, and a civil money penalty in the amount of $3 million to the Securities and Exchange Commission in settlement of the administrative charges against it.  The matter concerns violations of the anti-bribery, books and records, and internal accounting controls provisions of the Foreign corrupt Practices Act (“FCPA”) by Frank’s.[1]



[1]    In the Matter of Frank’s International N.V., Securities and Exchange Commission, Administrative Proceeding File No. 3-21397, 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, Apr. 26, 2023.

 

The U.S. Extradites Ex-Peruvian President Alejandro Toledo to Peru

Wednesday, April 26, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
5
Abstract: 

Former Peruvian President Alejandro Toledo, who served in that role from 2001 to 2006, has been extradited from the U.S. to Peru due to his alleged involvement in a corruption scandal relating to public works contracts for Brazilian conglomerate Odebrecht.  Peruvian authorities allege that Toledo received millions of dollars in kickbacks from Odebrecht in exchange for awarding them a public works contract.

CARICOM Heads of Government Agree to Forbid the Use and Presence of Assault Weapons

Wednesday, April 26, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
5
Abstract: 

On April 18, 2023, at the end of a two-day meeting in Trinidad and Tobago on crime, the Caribbean Community (CARICOM) heads of government agreed to enact legislation in their countries to forbid the presence and use of assault-style weapons.  The bulk of these weapons originate in the United States.[1]  This article discusses the initiative of the CARICOM heads of government, efforts to hold U.S. gun manufacturers and distributors accountable, and the initiative of the Government of Mexico in the Inter-American Human Rights Commission.



[1]    Associated Press, Leaders agree to ban assault-style weapons, Wash. Post, Apr. 20, 2023, at A12, col. 1.

 

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