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.

Coast Guard Interdicts and Repatriates 17 Migrants to Cuba as Cuba Calls for U.S. to Meet its Migration Commitments

Tuesday, March 30, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
4
Abstract: 

                On March 22, 2021, the U.S. Coast Guard Cutter Charles Sexton’s crew repatriated 17 Cuban migrants to Cuba. They had interdicted them on March 18, approximately 54 miles south of Key West, and were brought aboard due to safety of life at sea issues.[1]  Meanwhile, the Cuban Ministry of Foreign Affairs called for the U.S. to abide by its commitment to the Joint Declaration on migration signed by the two governments on January 12, 2017, to prevent the tragic incidents resulting from irregular migration.[2]



[1]    U.S. Coast Guard, Coast Guard repatriates 17 migrants to Cuba, Mar. 22, 2021 https://content.govdelivery.com/accounts/USDHSCG/bulletins/2c807f0

[2]    Ministry of Foreign Affairs of Cuba, Cuba Calls for the prevention of tragic incidents as a result of irregular migration, Mar. 11, 2021 http://www.minrex.gob.cu/en/cuba-calls-prevention-tragic-incidents-result-irrregular-migration.

 

U.S. Justice Department’s Antitrust Division Summarizes 2020 International Achievements

Tuesday, March 30, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
4
Abstract: 

                On March 24, 2021, the Antitrust Division of the U.S. Department of Justice (DOJ)  issued a summary of its 2020 achievements, including a number of international enforcement ones.[1]



[1]    U.S. Department of Justice, Antitrust Division, Continued Commitment to International Enforcement, Spring Update, Mar. 24, 2021 https://www.justice.gov/atr/division-operations/division-update-spring-2021/continued-commitment-international-enforcement.

 

North Korea Cuts Diplomatic Relations with Malaysia After It Extradites N. Korean to the U.S.

Friday, March 26, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
4
Abstract: 

On March 20, 2021, the United States government obtained custody of Mun Chol Myong after Malaysia extradited him to face U.S. money laundering charges.  He was the first North Korean extradited to the U.S. after a Malaysian court denied the argument that the U.S. charges were politically motivated.[1]



[1]    Associated Press, North Korean man extradited from Malaysia to US in sanctions case, https://www.channelnewsasia.com, Mar. 22, 2021.

 

U.S. Grand Jury in Seattle Indicts Young Swiss Hacktivist for Cyber Crimes

Friday, March 26, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
4
Abstract: 

On March 18, 2021, the U.S. Attorney in Seattle announced the indictment of Till Kottmann, 21, for computer intrusion and identity and data theft crimes from 2019 to the present.  Initially, the U.S. charged Kottmann, aka “deletescape” and “Tillie crimew” in September 2020.  The U.S. Department of Justice has notified Kottmann of the indictment.  Kottmann remains for now in Lucerne, Switzerland.[1]



[1]    U.S. Attorney for the Western District of Washington, Swiss Hacker Indicted for Conspiracy, Wire Fraud, and Aggravated Identity Theft, Press Rel., Mar. 18, 2021.

 

Nigeria’s Struggle to Recover Stolen Assets from the U.K.

Tuesday, March 23, 2021
Author: 
Marwah Adhoob
Volume: 
37
Issue: 
3
Abstract: 

Ex-Nigerian governor James Ibori and his associates allegedly laundered 160 million in Euros in the years he was in office. They used the stolen money to purchase luxurious cars, a jet plane, and property in the U.K. and Nigeria. The U.K. announced it would return $5.8 million that the ex-Nigerian Governor stole; this comes as part of the deal between the two countries. This is the first time such action was taken under a 2016 Memorandum of Understanding (MoU) that both countries signed to combat the corruption that is plaguing the region.[1] Ibori’s case is just one of many in Nigeria. Laundered and stolen assets exasperate poverty and corruption in any given country. The asset recovery process is long-drawn-out and often leaves the impacted country with less than a fraction of the stolen assets. This is especially true when stolen assets are recovered in the U.K., where it is increasingly difficult to return the assets to the affected country.



[1] Emmanuel Akinwotu, UK to return £4.2m of Nigerian funds stolen by governor who was jailed, The Guardian, March 9. 2021

 

 

U.S.-North Triangle Enhanced Engagement Act Sets the Stage for New U.S. Policy

Tuesday, March 23, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

In December 2020, the U.S. Congress enacted the United States-Northern Triangle Enhanced Engagement Act (USNTEEA)[1] as part of the Consolidated Appropriations Act for 2021.



[1]    P.L. 116-260, Division FF, Subtitle F.  For the text of the law see https://www.congress.gov/bill/116th-congress/house-bill/2615/text.

 

FATF Starts New Project to Study and Mitigate the Unintended Consequences from Incorrect Implementation of Standards and Announces More Jurisdictions on its Black and Grey Lists

Saturday, March 20, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

 

On March 17, 2021, the Financial Action Task Force announced the start of a new project “to study and mitigate the unintended consequences resulting from the incorrect implementation of the FATF Standards.”[1]



[1]    FATF, Mitigating the Unintended Consequences of the FATF Standards, Mar. 17, 2021 https://www.fatf-gafi.org/publications/financialinclusionandnpoissues/documents/unintended-consequences-project.html.

 

 

Daughter of Head of Cartel Jalisco Nueva Generación Pleads Guilty to Violating the Kingpin Act

Thursday, March 18, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

On March 12, 2021, Jessica Johanna Oseguera Gonzalez, 34, a dual U.S.-Mexican citizen, residing in Guadalajara, Mexico, pleaded guilty to willfully engaging in financial transactions with Mexican companies designated as Specially Designated Narcotics Traffickers by the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC).[1]



[1]    U.S. Department of Justice, Daughter of Prolific Mexican Cartel Leader Pleads Guilty to Criminal Violation of the Foreign Narcotics Kingpin Designation Act, Press Rel.21-223, Mar. 12, 2021.

 

58 Countries Sign Declaration Against Arbitrary Detention of Foreign and Dual Nationals

Wednesday, March 17, 2021
Author: 
By Kayla DeAlto* and Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

When traveling abroad, either as a foreign national or a dual citizen, the last thing anyone expects is to be wrongfully detained on arbitrary charges and then used as a political bargaining chip. However, this is an ongoing problem. In response to the increased incidence of allegedly arbitrary detentions of foreign nationals, on February 15, 2021, Canada launched the Declaration Against Arbitrary Detention in State-to-State Relations. [1]

 



*B.A., U. of Arizona; Salzburg Universität, Salzburg, Austria; 2nd year law student, Univ. of Richmond School of Law

[1] Arbitrary Detention in State-to-State Relations, Government of Canada, https://www.international.gc.ca/world-monde/issues_development-enjeux_developpement/human_rights-droits_homme/arbitrary_detention-detention_arbitraire.aspx?lang=eng (last visited Mar. 15, 2021).

 

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