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.

US Department of Justice Resource Problems Limit International Tax Enforcement Efforts

As a result of resource shortages, the U.S. Department of Justice Tax Dvision has detailed for six months 30% (25 of 95) of its prosecutors to U.S. Attorneys offices.  Another three took permanent assignments.  A Bloomberg article has called attention to the detailing of DOJ Tax Division attorneys. The detailing of DOJ Tax Division prosecutors is  to help the US Attorneys offices “address their short-term workforce needs resulting from the department’s ongoing hiring freeze,” according to a memo by H. Marshall Jarrett of the Executive Office for U.S. Attorneys.

U.S., EU Reach Agreement Over Air Passenger Data

The European Parliament and the U.S. Department of Homeland Security have reached a preliminary deal on the sharing of air passenger information.  The agreement resolved the handling of Passenger Name Records (PNRs), the personal information collected by airlines during the reservation process.  The information will now be stored in a database for five years, before being moved to a dormant database for up to ten years, subject to stricted controls.  The information would be used to help governments prevent terrorism or transnational crimes.  The deal will go into effect once the entire European Parliament votes on the issue.

Coutts & Co. Fined for AML Violations

Coutts & Co., a private U.K. bank, was fined on March 26th, 2012, by the Financial Services Authority (FSA), for violating money laundering rules. Politically exposed persons (PEPs) were not subjected to sufficient checks, a key requirement in anti money laundering rules.   The FSA, which is conducting an industry-wide review of money laundering rules, found fault with Coutts on nearly two thirds of its files for PEPs.  

Brazil Adds Criminal Charges in Chevron Oil Spill Case

Brazil has filed criminal charges against Chevron and Transocean in response to their failure to properly halt or prevent a 3,000 barrel leak from an oil rig off the coast of Rio de Janeiro.  Brazil had previously filed an $11 billion civil lawsuit against the two companies in response to the same leak.  The charges, though unlikely to result in jail time for Chevron or Transocean executives, serve as a warning to other oil companies operating recklessly in Brazil.   

Future IELR articles will discuss the comparative criminal law issues in how the United States and Brazil have dealt with major oil spills by some of the same companies.

SEC Concludes Enforcement Cooperation Agreements with EU and Cayman

On March 22, 2012, the Securities and Exchange Commission today announced that it has established comprehensive arrangements with the Cayman Islands Monetary Authority (CIMA) and the European Securities and Markets Authority (ESMA) as part of long-term strategy to improve the oversight of regulated entities that operate across national borders.

OAS Hosts High-Level Hemispheric Meeting against Transnational Organized Crime

On March 2, 2012, the Secretary General of the Organization of American States (OAS), José Miguel Insulza, participated  in the closing session of the High-Level Hemispheric Meeting against Transnational Organized Crime held in Mexico City, during which he called upon States "not to give in to the magnitude of the work in the fight against the scourge of transnational crime; nor be seduced by the supposedly easy short-term solutions, and above all never surrender to the enemy or reconcile with him.” The meeting began yesterday at the headquarters of the Ministry of Foreign Affairs with the par

Libya, ICC Clash Over Seif al-Islam el-Qaddafi

Libyan officials recently restated their determination to try Seif al-Islam, the son and former heir-apparent to Muammar Qaddafi, at home, rather than allow the International Criminal Court (ICC) to try him abroad.  Despite having no effective police force, court system, or detention facilities, the Libyan interim government has protested the involvement of the ICC, for fear that Seif al-Islam will be tried in The Hague or elsewhere.  Meanwhile, the ICC disputes that any decision has been reached on the trial location, but has said that it is consulting with the Libyan government.

Sudanese Defense Minister Attends Libyan Conference Despite Recent ICC Arrest Warrant

On March 12, 2012, the Sudanese Defense Minister, Abdel-Rahim Mohammed Hussein attended a regional conference in Tripoli, Libya, despite the recent arrest warrant issued to him by the International Criminal Court (ICC). The judges of the ICC issued the warrant after deciding there was ample evidence to find him responsible for 20 counts of crimes against humanity and 21 counts of war crimes in Darfur, Sudan between 2003-2004. United States officials criticized the Libyan government for negotiating with Hussein given his status in the ICC.

ICC Convicts Congolese Rebel in Landmark Ruling

In the first ruling of the International Criminal Court (ICC) in its 10 year history, the court has convicted Thomas Lubanga, a rebel from the Democratic Republic of the Congo, of recruiting children as soldiers.  Tens of thousands of people have died in the Congo in recent years, and the ICC ruling goes a long way in establishing the use of children in war as a war crime.  The ruling also solidifies the court's status as an arbiter of international law.

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