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.

Germany and Nigeria Agree on Return of Benin Bronzes

Saturday, May 8, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
5
Abstract: 

On April 29, 2021, the State Minister for Culture and Media of the German Government, announced the signing by the ministry and the Nigerian Government of a joint declaration to return Benin bronzes in German museums.[1]



[1]    German State Ministry for Culture and Media, Benin bronzes in German Museums, Joint declaration, Apr. 29, 2021 https://www.bundesregierung.de/breg-de/bundesregierung/staatsministerin-fuer-kultur-und-medien/benin-bronzen-1899336

 

Homeland Security Targets Criminal Smuggling Organizations and U.S. Lists Two Guatemalan Officials under Global Magnitsky Act for Corruption

Saturday, May 8, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
5
Abstract: 

On April 27, 2021, Secretary of Homeland Security Alejandro N. Mayorkas announced a new counter-network targeting operation focused on transnational criminal organizations (TCOs) affiliated with the smuggling of migrants.[1] On April 26, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned one current and one former Guatemalan government official for their roles in corruption in Guatemala.[2]



[1]    Homeland Security Administration, HS Announces Operation to Target Criminal Smuggling Organizations, Arp. 27, 2021.

[2]    U.S. Department of Treasury, Treasury Sanctions Current and Former Guatemalan Officials for Engaging in Corrupt Activities, Apr. 26, 2021 https://home.treasury.gov/news/press-releases/jy0147.

 

Fishrot Scandal: Multinational Cooperation’s Exploit of Namibia’s Fishing Industry

Saturday, May 8, 2021
Author: 
Marwah Adhoob
Volume: 
37
Issue: 
5
Abstract: 

In 2019, Johannes Stefannson, a former employee of Samherji, an Icelandic fishing company, realized that his employer was exploiting and bribing Namibian officials for fishing rights. Stefannson terminated his employment with Samherji and released documents to Wikileaks. Leaked documents set out a series of events that led to Samherji’s prosecution in Namibia.[1] Two years later, in April 2021, three Samherji employees face extradition to Namibia to stand trial. The Namibian officials who allegedly partook in the scandal are expected to appear in court with the Samherji employees.[2] While the Fishrot trial is far from over, it demonstrates much-needed reform to not only Namibia’s fishing industry but its anti-corruption policy.



[1] James Kleinfeild, Anatomy of a Bribe: A deep dive into an underworld of corruption, Aljazeera, Dec.1, 2019, https://www.aljazeera.com/features/2019/12/1/anatomy-of-a-bribe-a-deep-dive-into-an-underworld-of-corruption.

[2] Ronald Routh, Fishrot: Icelanders face extradition, NewEraLive, Apr. 23, 2021, https://neweralive.na/posts/fishrot-icelanders-face-extradition.

 

Council of Europe Adopts Resolution and Recommendation on Arrest and Detention of Alexei Navalny

Thursday, April 29, 2021
Author: 
Michael Plachta
Volume: 
37
Issue: 
5
Abstract: 

On April 22, 2021, at its 14th sitting, the Parliamentary Assembly of the Council of Europe (PACE) adopted Resolution and Recommendation on the arrest and detention of Alexei Navalny in January 2021. The debate as well as the Resolution and Recommendation were based on a Report prepared by the Committee on Legal Affairs and Human Rights.[1]



* Professor Plachta specializes in criminal law and international criminal law. He has authored numerous publications 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] Parliamentary Assembly of the Council of Europe, Committee on Legal Affairs and Human Rights, The arrest and detention of Alexei Navalny in January 2021, Rapporteur Jacques Maire, doc. 15270, April 19, 2021.

 

Swiss Migros Bank Settles German Tax Evasion Charges

Thursday, April 29, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
5
Abstract: 

On April 26, 2021, Switzerland’s Migros Bank announced it has agreed to enter into a settlement with German prosecutors to pay $2.9 million to resolve allegations it permitted and helped German taxpayers to conceal assets from the German tax authorities.[1]



[1]    Michael Shields and Louise heavens, Swiss Migros Bank settles German charges it aided tax dodgers, Reuters, Apr. 26, 2021.

 

Guilty Plea in Ecuadorian Bribery Case Places Commodity Trading Corruption in Limelight

Wednesday, April 28, 2021
Author: 
Teddy David
Volume: 
37
Issue: 
5
Abstract: 

On April 6, 2021, Raymond Kohut, a Canadian citizen, pleaded guilty in the U.S. District Court in Brooklyn to the Department of Justice (DOJ) prosecution of a Ecuadorian bribery case relating to his former employer, the Swiss commodities trading firm Gunvor Group. The case is representative of prosecutors’ willingness to pursue corruption charges against individuals as well as of prosecutors’ targeting of commodities traders for offenses such as bribery and money laundering.

Eurojust Starts New Funding Initiative for Joint Investigation Teams

Tuesday, April 27, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
5
Abstract: 

On April 15, 2021, Eurojust announced a new urgent funding option for Joint Investigation Teams (JITs) to increase efforts against serious organized cross-border crime.  Eurojust is starting an initiative to urgently fund cross-border operational activities of JITs.  The fund will furnish targeted, short-term grants for JITs’ urgent and /or unforeseen activities.[1]



[1]    Eurojust, Eurojust launches new scheme for urgent JIT funding, Apr. 15, 2021.

 

European Data Protection Board Issues Statement on International Enforcement Cooperation

Tuesday, April 20, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
4
Abstract: 

On April 13, 2021, the European Data Protection Board (EDPB) issued a statement responding to questions concerning the exchange of personal data between public authorities under existing international agreements in different areas. The EDPB recalls the requirements of Article 96 of the General Data Protection Regulation (GDPR) and Article 61 Law Enforcement Directive (LED).[1] Those provisions require all international agreements concerning the transfer of personal data to third countries or international organizations which were concluded by the EU Members prior to May 24, 2016 or May 6, 2016, respectively, and which comply with EU law as applicable prior to that date, must remain in force until amended, replaced, or revoked.[2]



[1]    EDPB, Recommendation 01/2021 on the adequacy referential under the Law Enforcement Directive, adopted Feb. 2, 2021 https://edpb.europa.eu/sites/edpb/files/files/file1/recommendations012021onart.36led.pdf_en.pdf.

[2]    Andrea Jelinek, EDPB, Statement 04/2021 on international agreements including transfers adopted on April 13, 2021 https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_statement042021_international_agreements_including_transfers_en.pdf.

 

Pages

Subscribe to International Enforcement Law Reporter RSS