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.

U.S. Indicts Alleged Russian Agent for Sanctions Violations and Money Laundering

Friday, December 16, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On December 7, 2022, United States law enforcement announced the unsealing of a seven-count indictment in the U.S. District Court for the Eastern District of New York, charging Andrii Derkach, 55, of Ukraine, with conspiracy to violate the International Emergency Economic Powers Act (IEEPA), bank fraud conspiracy, money laundering conspiracy, and four counts of money laundering in connection with the purchase and maintenance of two condominiums in Beverly Hills, California.  The indictment alleges Derkach hid his interest in the transactions and violated sanctions imposed in 2020.  Derkach is at large.  The charges and forfeiture action are the first use of criminal and forfeiture powers targeting the concealment of ownership by senior foreign political officials, enacted as part of the National Defense Authorization Act of 2021.[1]



[1]    U.S Department of Justice, Active Russian Agent Andrii Derkach Indicted for Scheme to Violate Sanctions in the United States, Press Rel. 22-1322, Dec. 7, 2022.

 

UN Human Rights Office Finds War Crime of Willful Killing of Civilians by the Russian Forces in Ukraine

Friday, December 16, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
12
Abstract: 

On December 7, 2022, the Office of the High Commissioner for Human Rights (OHCHR) released its report on killings of civilians, encompassing both summary executions and attacks on individual civilians, committed in parts of Kyiv, Chernihiv, and Sumy regions of Ukraine between February 24 and April 6, 2022.[1]



* Professor Plachta specializes in criminal law and international criminal law. He has authored numerous publication on a wide range of problems concerning law enforcement and international cooperation in criminal matters. He currently teaches criminal law and European criminal law at the University of Security in Poznan, Poland.

[1] https://www.ohchr.org/en/press-releases/2022/12/un-report-details-summar....

 

European Parliament Announces Major Reforms Amid Corruption Scandal

Friday, December 16, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
12
Abstract: 

On December 15, 2022, the European Parliament adopted a much awaited resolution, which is a swift reaction and a follow-up to serious allegations of corruption involving some top officials at this body. This seems to be a jump-start towards broader and far-reaching reforms in the area of transparency and accountability in the European institutions.

 

European Court Rules DAC6 Intermediary Reporting Rules Violate Legal Professional Privilege

Friday, December 16, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
12
Abstract: 

On December 8, 2022, the Grand Chamber of the  Court of Justice of the European Union (CJEU) held in the case of the Flemish Bar Association and others v. Belgium, C-694/20 (CJEU 2020) that the European Union directive on administrative cooperation  that requires attorneys serving as intermediaries in cross-border tax planning arrangements to notify other intermediaries of their reporting obligation (commonly known as DAC6) violates article 7 of the Charter of Fundamental Rights of the EU concerning the right to legal professional privilege.  The Court issued a press release summarizing its judgment.

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

 

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