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.

Seizure of COVID Treatments Highlights IP Gaps in the United States-Mexico-Canada Agreement

Friday, July 9, 2021
Author: 
Austin Max Scherer
Volume: 
37
Issue: 
7
Abstract: 

Federal authorities seized at U.S. airports unauthorized versions of the COVID-19 treatment remdesivir destined for distribution in Mexico.[1]  Counterfeit versions are arriving in the U.S. by plane from Bangladesh and India and then smuggled by individuals to Mexico, which will then be sold to the highest bidder.[2]  The seizure of counterfeit treatments is not new as U.S. Customs and Border Protection officers have captured more than 100 shipments.[3]



[1] Jared S. Hopkins, Illegal Treatment for Covid-19 Seized Before Reaching Mexico, Wall St. J., Jun. 24, 2021, at A9.

[2] Id.

[3] Id.

 

The African Union Starts Commission of Inquiry on War in Tigray

Friday, July 9, 2021
Author: 
Jamie Jang
Volume: 
37
Issue: 
7
Abstract: 

On June 16, 2021, the African Commission on Human and Peoples’ Rights launched a Commission of Inquiry to investigate international human rights and humanitarian law violations in Tigray, Ethiopia. The Commission of Inquiry is in accordance with the Commission’s mandate to promote and protect human rights in Africa under Article 45 of the African Charter on Human and Peoples’ Rights.[1] According to a press statement, the African Commission on Human and Peoples’ Rights will begin its work in Banjul, Republic of Gambia, and “will conduct investigations on the ground and in neighboring countries when the conditions are met.”[2] “The Commission of Inquiry has a mandate to, inter alia, investigate allegations of violations of international human rights law and international humanitarian law, and to gather all relevant information to determine whether the allegations constitute serious and massive violations of human rights.”[3] The Commission of Inquiry on Tigray officially commenced on June 17, 2021.[4]



[1]               Press Statement on the official launch of the Commission of Inquiry on the Tigray Region in the Federal Democratic Republic of Ethiopia African Union. June 16, 2021.

[2]               Id.

[3]               Id.

[4]               Id. 

 

FATF Plenary Progresses with Initiatives on Virtual Assets, Environmental crime, Ethically or Racially Motivated Terrorism Financing, and Asset Recovery, Proliferation Financing et al

Friday, July 9, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

The FATF Plenary met virtually on June 20-25, 2021, and acted on several important strategic initiatives during the German Presidency.

Bolivia Signs MoU to Strengthen Compliance and Transparency in the Fishing Industry

Friday, July 2, 2021
Author: 
Marwah Adhoob
Volume: 
37
Issue: 
7
Abstract: 

 

            On June 29, 2021, the Bolivian government signed a Memo of Understanding (MoU) with the Fisheries Transparency Initiative (FiTI). The collaborative effort is aimed at increasing transparency, compliance, and knowledge in the fishing industry. [1]

 



[1] Bolivia collaborates with FiTI to strengthen transparency of its flag State responsibilities, FiTI.com,  June 29,2019, https://www.fiti.global/bolivia-collaborates-with-the-fiti-to-strengthen....

 

Dutch Court Agrees with Report Calling Santos-Linked Angolan Energy Deal Corrupt

Friday, July 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 23, 2021, the Amsterdam Court of Appeal agreed with the report of a court-appointed director that a transaction, whereby the former husband of the daughter of the former Angolan President, in 2006 whereby Angola’s state oil company, Sonangol, bought shares in Galp, the Portuguese energy company, was “null and void” because it was an act of corruption.[1]



[1]    Exem Energy Company v. Esperaza Holding B.V., Amsterdam Court of Appeal, Business Chamber, Case Number: 200.275.461/02, June 23, 2021, Opinion https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHAMS:2021:1837&showbutton=true&keyword=exem.

 

Dutch Court Agrees with Report Calling Santos-Linked Angolan Energy Deal Corrupt

Friday, July 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 23, 2021, the Amsterdam Court of Appeal agreed with the report of a court-appointed director that a transaction, whereby the former husband of the daughter of the former Angolan President, in 2006 whereby Angola’s state oil company, Sonangol, bought shares in Galp, the Portuguese energy company, was “null and void” because it was an act of corruption.[1]



[1]    Exem Energy Company v. Esperaza Holding B.V., Amsterdam Court of Appeal, Business Chamber, Case Number: 200.275.461/02, June 23, 2021, Opinion https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHAMS:2021:1837&showbutton=true&keyword=exem.

 

U.S. and EU Progress on Several International Enforcement issues at Justice & Home Affairs Ministerial Meeting in Lisbon

Thursday, July 1, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 22, 2021, the Portuguese Presidency of the Council of the European Union hosted the EU-U.S. Ministerial Meeting on Justice and Home Affairs in Lisbon and made progress on counter-terrorism, violent extremism, and Passenger Name Record (PNR) data exchange.  They also discussed developing bilateral and multilateral instruments to combat cybercrime, using artificial intelligence,  and developing well-managed and humane migration policies.

Belgian Security Services Firm Agrees to Pay $15 Million to Resolve Antitrust Conspiracy Charges

Thursday, July 1, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 25, 2021, the United States Department of Justice announced that G4S Secure Solutions NV (G4S), a Belgian security firm, has agreed to plead guilty for its role in a conspiracy to rig bids, allocate customers, and fix prices for defense-related services.  The agreement constitutes the first international resolution obtained by the Procurement Collusion Strike Force (PCSF).[1]

 



[1]    U.S. Department of Justice, Belgian Security Services Firm Agrees to Plead Guilty to Criminal Antitrust Conspiracy Affecting Department of Defense Procurement,  Press Rel. 21-599, June 25, 2021.

 

Austria Arrests Turkish Businessman for Extradition to U.S. on Fraud and Laundering Charges

Thursday, July 1, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
7
Abstract: 

On June 21, 2021, the U.S. Department of Justice (DOJ) announced Austrian authorities on June 19 arrested Sezgin Baran Korkmaz at the request of the DOJ.  His arrest followed the return by a federal grand jury in Salt Lake City, Utah, on April 28 of a superseding indictment, which was unsealed on June 21.  The superseding indictment charges Korkmaz with one count of conspiring to commit money laundering, 10 counts of wire fraud, and one count of obstruction of an official proceeding.[1]



[1]    U.S. Department of Justice, Turkish Businessman Arrested in Austria on Charges that He Allegedly Laundered Over $133 Million in Fraud  Proceeds, Press Rel. 21-582, June 21, 2021.

 

The Gupta Brothers’ Corruption Scandal Invokes the Ratification of a New Mutual Legal Assistance and Extradition Treaty Between South Africa and the United Arab Emirates

Thursday, July 1, 2021
Author: 
Jamie Jang
Volume: 
37
Issue: 
7
Abstract: 

In 2018, the economic and political stability of South Africa was upended when the Gupta brothers – Ajay, Atul, and Rajesh Gupta – and government officials were caught conspiring together.[1] The Gupta brothers, Indian-born South African businessmen, owned a tectonic empire across South Africa and wielded a great degree of political power.[2] After a government official testified against the Guptas, it was revealed that they allegedly had been involved in a longstanding scheme with members of the South African government, including President Jacob Zuma, to siphon millions of dollars from state-owned firms and the national treasury.[3] President Zuma was forced to resign and the Gupta brothers fled to Dubai, leaving their enterprises in South Africa bankrupt.[4] This scandal “offers a case study in a new, systematic form of graft known as ‘state capture.’ [. . .] It demonstrates how an entire country can fall to foreign influences without a single shot being fired”.[5]



[1]               “State Capture”: How the Gupta Brothers Hijacked South Africa Using Bribes Instead of Bullets. Vanity Fair. March, 2019.  

[2]               Id.

[3]               Id.

[4]               Id.

[5]               Id.

 

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