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.
On December 2, 2020, the UN Commission on Narcotic Drugs voted with 27 States in favor, 25 against, and one abstaining, to remove cannabis from its list of Schedule IV narcotic drugs. Cannabis has been listed as a Schedule IV drug for sixty years under the Single Convention on Narcotic Drugs of 1961.
On January 11, 2021, U.S. Secretary of State Michael R. Pompeo announced that the Trump Administration has designated Cuba as a State Sponsor of Terrorism “for repeatedly providing support for acts of international terrorism in granting safe harbor to terrorists.”[1]
[1] U.S. Department of State, U.S. Announces Designation of Cuba as a State Sponsor of Terrorism, Press Statement, Jan. 11, 2021 https://www.state.gov/u-s-announces-designation-of-cuba-as-a-state-sponsor-of-terrorism/#:~:text=The%20State%20Department%20has%20designated,granting%20safe%20harbor%20to%20terrorists.
FinCEN is moving rapidly for reporting crypto currency and assets in two regulatory projects. FinCEN will require reporting of virtual currency held in a foreign account. In addition, FinCEN will require reports, recordkeeping, and verification of the identity of customers in relation to transactions involving convertible virtual currency (“CVC”) or digital assets with legal tender status (“legal tender digital assets” or “LTDA”) held in unhosted wallets or held in wallets hosted in a jurisdiction identified by FinCEN.
On January 8, 2021, Deutsche Bank Aktiengesellschaft (Deutsche Bank) agreed to pay more than $130 million to settle the government’s investigation into violations of the Foreign Corrupt Practices Act (FCPA) and a separate investigation into a commodities fraud scheme.[1]
[1] U.S. Department of Justice, Deutsche Bank Agrees to Pay over $130 Million to Resolve Foreign Corrupt Practices Act and Fraud Case, Press Rel. 21-23, Jan. 8, 2021.
On January 4, 2020, Judge Vanessa Baraitser of Westminster Magistrates’ Court denied the extradition request of the United States for WikiLeaks founder Julian Assange, 49, because of Assange’s mental condition. Her 132-page ruling (“extradition decision”) is a victory for Assange, but the U.S. Government will undoubtedly appeal.[1]
[1] Government of the United States of America v. Julian Paul Assange, District Judge (Magistrates’ Court) Vanessa Baraitser In the Westminster Magistrates’ Court, Decision, Jan. 4, 2020 https://www.judiciary.uk/wp-content/uploads/2021/01/USA-v-Assange-judgment-040121.pdf.
On January 1, 2020, the Senate voted to override President Trump’s veto of the annual military policy bill (the National Defense Authorization Act – NDAA). Division E of the Act is the Anti-Money Laundering Act of 2020 (the AMLA or Act), which contains a number of international enforcement elements. This post discusses selected international enforcement aspects, not including the beneficial owner/ entity transparency provisions, which are discussed in depth in the December 2020 issue of the International Enforcement Law Reporter.[1]
[1] Bruce Zagaris, Corporate Transparency Act Awaits President’s Signature to Become Law, 31 Int’l Enforcement L. Rep. 331 (Dec. 2020).
On December 9, 2020, the European Commission presented a new Counter-Terrorism Agenda for the EU to step up the fight against terrorism and violent extremism and boost the EU's resilience to terrorist threats. On the same day, the Commission released its proposal to strengthen the mandate of Europol, the EU Agency for law enforcement cooperation, by amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation.
We at the IELR send you the best wishes for a warm and joyous holiday season. 2020 was momentous for the international enforcement community, and we are grateful to have had you following along with our coverage.
The year 2020 marked the 20th anniversary of the adoption and signing of the United Nations Convention Against Transnational Organized Crime (UNTOC or TOC Convention), which had taken place in Palermo, Sicily, the heartland of the Italian Cosa Nostra. The Convention is accompanied by three protocols which target specific areas and manifestations of organized crime.
