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. Halts U.S.-Cuba Enforcement Dialogue and Cooperation

Saturday, October 12, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

During the last 18 months the United States government has halted the U.S.-Cuba Enforcement Dialogue and Cooperation, first allegedly due to the health problems experienced by U.S. diplomats in Cuba and then Cuban support for the Maduro administration in Venezuela. On January 16, 2017, the United States and Cuba signed a bilateral Memorandum of Understanding (MOU) on Law Enforcement Cooperation.  On January 16, Deputy National Security Advisor Ben Rhodes traveled to Cuba for official meetings and witnesses the signing of the MOU.[1]

U.S.-Honduras Sign Asylum Agreement

Saturday, October 12, 2019
Abstract: 

On September 25, 2019, the United States Department of Homeland Security (DHS) and the Honduras government announced an asylum agreement that will enable U.S. immigration authorities to send asylum applicants from the border to Honduras.[1]  The agreement was signed by Honduras’ minister of foreign affairs during the United Nations General Assembly in New York.[2] A joint statement announced both countries commitment to implementing the Agreement between the Government of the United States of America and the Republic of Honduras for Cooperation in order to continue building stronger border security and law enforcement cooperation.[3]

U.S. and UK Sign Cross-Border Data Access Agreement for Cross-Border Enforcement and Warn Facebook on Proposed Encryption

Thursday, October 10, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On October 3, 2019, the United States and United Kingdom concluded the first ever CLOUD Act Agreement.[1]  It will permit U.S. and British law enforcement agencies, with appropriate authorization, to demand electronic data concerning serious crime, including terrorism, child sexual abuse, and cybercrime, directly from tech companies based in the other country, without legal barriers.  Simultaneously, both governments and Australia’s Minister for Home Affairs published an open letter to Facebook, asking it to stop plans to implement end-to-end encryption across its messaging services.  On October 7, 2019, the U.S. and Australian governments announced they started negotiating a CLOUD Act Agreement.  Australia and the U.S. also held a roundtable on trusted technology ecosystems.

British Prime Minister Demands Return of U.S. Diplomat’s Wife for Auto Collision Killing Motorcyclist

Wednesday, October 9, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On October 7, 2019, British Prime Minister Boris Johnson called for the wife of a United States diplomat involved in an automobile crash that killed a British teenager riding a motorcycle to return to Britain.[1] After the crash, the British police talked to 42-year-old suspect Anne Sacoolas.  At the scene of the accident, Sacoolas, whose 12-year-old son was reportedly a passenger in the SUV, was hysterical and immediately took the blame, giving all her details including her British and U.S. cellphone numbers.[2

Council of Europe Adopts Resolution and Recommendation on the Protection of Whistle-blowers

Tuesday, October 8, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
10
Abstract: 

At its thirtieth sitting held on October 1, 2019, the Parliamentary Assembly of the Council of Europe (PACE) adopted the Resolution and Recommendation on the protection of whistle-blowers. The debate, as well as recommendation and resolution, were based on a Committee on Legal Affairs and Human Rights report.[1]

SEC Reaches Settlement with Quad/Graphics on Multiple FCPA Violations

Friday, October 4, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On September 26, 2019, Quad/Graphics, Inc., a Wisconsin-based digital and print marketing provider, agreed to pay almost $10 million to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA) by engaging in multiple bribery actions in Peru and China.[1]

 

Rio Treaty Group Agrees to Enforcement and Sanctions Cooperation against Former Maduro Regime

Wednesday, October 2, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On September 23, 2019, 16 of the 18 state parties to the Inter-American Treaty of Reciprocal Assistance (TIAR) (hereafter the “Rio Treaty”) adopted a resolution to take legal actions against the individuals and entities in the former Maduro administration suspected of participating in crimes and to coordinate sanctions against the former Maduro administration.[1] The meeting discussed regional next steps to respond to the worsening crisis in Venezuela.  The last time the Organization of American States convened this meeting was to discuss collection action after the attacks of September 11, 2001.

Swiss Auction of Obiang’s Car Raises $27 Million for Social Programs in Equatorial Guinea

Tuesday, October 1, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On September 29, 2019, the Swiss government auctioned a collection of 25 supercars for $27 million.  The Swiss government seized the cars from Teodorin Nguema Obiang, the vice president of Equatorial Guinea and the son of the current President Teodoro Obiang Nguema Mbasongo.[1] In October 2016, the Swiss prosecutor started the investigation, alleging misappropriation of public assets by Teodorin Obiang.  The Swiss prosecutor accused Teodorin, along with two others whose names were not given.[2]

Federal Judge Overturns Rafiekian’s Conviction and DOJ Ends Investigations of Podesta and Van Weber, Causing a Blow to FARA Enforcement Efforts

Friday, September 27, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

 On September 24, 2019, Judge Anthony J. Trenga of the U.S. District Court Eastern District of Virginia issued a 39-page opinion, overturning the conviction of Bijan Rafiekian, the former business partner of Michael Flynn who was the first national security adviser of United States President Donald J. Trump.[1]  On September 23, the United States Department of Justice (DOJ) notified Tony Podesta, a Democratic power broker, and Vin Weber, a former Republican congressman, of the closing of its investigation for violations of the Foreign Agents Registration Act (FARA).[2]

U.S.-El Salvador Sign Agreement to Force Asylum Seekers to El Salvador

Wednesday, September 25, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On September 20, 2019, the United States and El Salvador governments signed a Protection Cooperative Agreement.[1]  The Acting Secretary of the U.S. Department of Homeland Security, Kevin K. McAleenan signed on behalf of the United States.  The Minister of Foreign Affairs, Alexandra Hill Tinoco signed on behalf of El Salvador. According to a joint statement, the Agreement recognizes El Salvador’s recent decision to join the Comprehensive Refugee Response Framework.  It states it will use U.S. and international best practices to “enhance collaboration on building protection capacity and increase protection options closer to home for vulnerable populations.”

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