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.

European Committee on Crime Problems Acts on Artificial Intelligence, Environment and International Cooperation

Saturday, November 14, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

The Council of Europe’s (CoE) European Committee on Crime Problems (CDPC) held its 78th plenary session on November 3-4, 2020, in the form of a teleconference.[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://rm.coe.int/cdpc-2020-oj-draft-agenda-3-4-november/16809fdf8c.

 

Germany Requests the Extradition of Panama Paper Lawyers

Saturday, November 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

On October 19, 2020 the German government announced that it has issued international arrest warrants for Jürgen Mossack and Ramón Fonseca, the founders of Mossack Fonseca, the firm behind the release by the International Consortium of Investigative Journalists of the Panama Papers.[1]



[1]    Germany issues international arrest warrant for founders of Panama Papers, Oct. 20, 2020 www.france24.com.

 

 

Airline Services Ltd. Agrees to DPA with SFO and to Pay Over £2.2 Million in Penalties

Saturday, November 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

On October 30, 2020, Mrs. Justice May DBE issued an  judgment in the Crown Court at Southwark approving the Deferred Prosecution Agreement made between the Director of the Serious Fraud Office (“SFO”) and Airline Services Limited (“ASL”).[1]



[1]    Director of the Serious Fraud Office v. Airline Services Limited, In the Crown Court at Southwark In the Matter of s.45 of the Crime and Courts Act 2013, Case No: U20201913, Approved Judgment, Oct. 30, 2020.

 

 

U.S. Seizes $24 Million of Virtual Currency Pursuant to Brazil MLAT

Saturday, November 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

On November 4, 2020, the U.S. Department of Justice revealed it has seized virtual currency worth an estimated $24 million on behalf of the Brazilian government.[1]



[1]    U.S. Department of Justice, U.S. Seizes Virtual Currencies Valued at $24 Million Assisting Brazil in Major Internet Fraud Investigation, Press Rel. No. 20-1201, Nov. 4, 2020.

 

 

German Presidency Chairs of FATF Chairs 1st Plenary as FATF Prioritizes Pandemic Threats and Postpones Its MERs

Saturday, November 14, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

On October 23, 2020, Dr. Marcus Pleyer, the FATF President, chaired his first three-day virtual Plenary meeting of the two-year German Presidency of the FATF.[1]



[1]   For background see FATF, Outcomes FATF Plenary, 21-23 October 2020 https://www.fatf-gafi.org/publications/fatfgeneral/documents/outcomes-fa...

 

UN Special Rapporteur’s Report on the Promotion and Protection of Human Rights while Countering Terrorism

Saturday, November 7, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

On October 15, 2020, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Fionnuala Ni Aoláin, presented her report to the UN General Assembly. The report was submitted in accordance with General Assembly resolution 72/180 and Human Rights Council resolution 40/16.[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] UN expert says misuse of terrorism laws during conflict risks worsening situation, https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=26384&....

 

Group of Experts’ Report Recommends Reforms to the ICC and the Rome Statute System

Saturday, November 7, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

On September 30, 2020, the Group of Independent Experts released its final Report on the review of the International Criminal Court and the Rome Statute system, as requested by the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) in December 2019 through its resolution ICC-ASP/18/Res.7. The Report was submitted pursuant to the Assembly’s request that the Experts present their final report and recommendations to the Bureau, the Assembly, the Court, and other stakeholders no later than September 30, 2020.

Dutch Ministry of Culture Recommends the Restitution of Stolen Cultural Property to Former Colonies

Saturday, November 7, 2020
Author: 
Bruce Zagaris and Miranda Bannister
Volume: 
36
Issue: 
11
Abstract: 

On October 7, 2020, a Committee established by the Dutch Minister of Culture, Education, and Science  called for the return of cultural objects stolen from former colonies that are currently held in the Netherlands. The Committee’s recommendations highlight the impact of colonialism on local populations, including those in  the, Brazil, Guyana, French Guiana, Indonesia, Sri Lanka, Taiwan, and Suriname, and call for the Netherlands to rectify this “historical injustice,” and demand the unconditional return of stolen cultural objects.

U.S. Charges 8 Persons as Illegal PRC Agents Conducting Law Enforcement Operations in the U.S.

Thursday, November 5, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

On October 28, 2020, prosecutors unsealed a criminal complaint in the U.S. District Court for the Eastern District of New York, charging eight persons with conspiring to act in the U.S. as illegal agents of the People’s Republic of China (PRC).[1] In addition, the complaint charges six defendants with related charges of conspiring to commit interstate and international stalking. According to the complaint, the defendants acted at the direction and under the control of PRC government officials to surveil and harass, stalk, and coerce certain residents of the U.S. in an effort to force them to return to the PRC to face criminal charges. The campaign is part of a global, concerted, and extralegal repatriation initiative known as “Operation Fox Hunt.”[2]



[1]   U.S. v. Zhu Feng, U.S. Dist. Ct. E.D.N.Y., Complaint, No. 20-MJ-1025 (PK), https://www.justice.gov/opa/press-release/file/1331941/download.

 

[2]    U.S. Department of Justice, Eight Individuals Charged With Conspiring to Act as Illegal Agents of the People’s Republic of China, Press Rel., Oct. 28, 2020.

 

 

Council of Europe Adopts Recommendation on the Transfer of Prisoners between States

Saturday, October 31, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

The Committee of Ministers of the Council of Europe adopted Recommendation CM/Rec(2020)3 to Member States concerning the practical application of the Convention on the Transfer of Sentenced Persons and the Additional Protocol thereto. The Recommendation was adopted by the Committee of Ministers on July 1, 2020 at the 1380th meeting of the Ministers' Deputies.

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