Thursday, February 9, 2023

WILL THE ALEX SAAB MORAN APPEAL TAKE A BITE OUT OF THE ABUSE OF DIPLOMATIC PASSPORTS BY FINANCIAL CRIMINALS ?


The use of diplomatic passports, purchased illegally from corrupt government officials in the Caribbean, for cash, is a favorite technique employed by transnational criminals, especially money launderers, to evade customs and immigration examination and baggage search, in the countries of the developing world. They have something to hide, and it stays hidden.

The fact that these criminals violate all the relevant requirements of the Vienna Convention on Diplomatic Relations, and use these passports as an effective shield against law enforcement when traveling with cash, financial instruments and other items of value, is of no consequence. Unfortunately, local authorities in the Third World are generally intimidated by such documents, and don't question either their authenticity or their legal authority. I have seen it with my own eyes, especially when accompanied by a bribe, but which is not always necessary.

The United Nations, many of whose member countries have officials who earn extra cash by selling diplomatic passports, will not interfere, lest they kill the golden goose of their political allies back home. There's too much cash involved, to be blunt.

The issue presented in the appeal is whether a diplomat in name only, without being properly accredited by a receiving country, totally without any real duties, and failing any of the other indicia of a bona fide diplomat, can use such a document to secure immunity from prosecution. We trust that the Court of Appeals will agree with the District Court opinion, and respond in the negative. Stay tuned.

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