Our post today details the ins and outs of Red Notice Blocking for individuals attempting to remove their INTERPOL Red Notices. 

Removing a person’s name from INTERPOL’s wanted list and its website

One of the primary concerns of most Red Notice subjects is obviously having their names removed from INTERPOL’s wanted list. As that process takes time, it often happens that individuals request their data be blocked, often referred to as suspension, in INTERPOL’s databases so that their information is inaccessible while their cases are being studied by the CCF.

The majority of INTERPOL’s Red Notices are unpublished, but when they are published on INTERPOL’s websites, clients certainly want to ensure they are removed from the website as well as the database. 

Individuals with Red Notices are often unable to travel, have difficulty banking, and experience reputational damage and lost business opportunities. If an individual believes his or her Red Notice to be politically motivated or includes fabricated information, or is otherwise invalid, they can request that it be corrected or removed.  Evidence to validate a claim that a Red Notice or diffusion is required to support requests for correction and/or deletion of personal data, and for that data to be blocked while the CCF studies the case.

Notification of blocking or suspension

When the CCF’s initial review of a removal request generates a sufficient level of concern that a case may involve violations of its rules, the CCF will block the data (whether it is a Red Notice or diffusion) during the time that it is studying the case. No rule requires INTERPOL to notify people if their notice is blocked- sometimes the CCF notifies the subject that the data has been blocked, and sometimes it does not acknowledge the blocking until after the case has been resolved.

It has been my experience that blocking often precedes removal, though not in every case. A decision by the CCF to block a mnotice is generally a positive sign, as it suggests the Commission has identified a potential issue or inconsistency warranting further review. 

As always, thoughts and comments are welcomed.

Miami, Florida, U.S.A. – Estlund Law has successfully obtained the removal of two Red Notices requested against our clients by the People’s Republic of China.

The clients’ Red Notices were issued in 2017 after the People’s Republic of China (PRC)’s government accused them of pyramid selling activities. One client was accused of organizing a pyramid scheme in relation to his business, which included multiple operations in multiple countries. The other client, a family member of the business owner, was included in the Red Notice despite having no involvement in the company.

As is common in private industries in China, as the business grew, the clients became the target of extortion efforts. Before the Red Notices were issued, they refused multiple offers of “business protection” in exchange for bribes by government officials and those holding close ties to the government. Authorities subsequently raided the business’s office without notice or cause, forced transfers from the company to the local “police bank account,” and fired employees from the company. Authorities controlling the media later released defamatory claims on the business and seized the clients’ assets. For a year after learning of the Red Notices, the clients paid a team of lawyers to try to fight the case in China until they were informed by a “middle man” that their fight was futile unless they paid millions in bribes, which they refused.

Prior to turning to Estlund Law, the clients attempted to remove their Red Notices with another law firm; those efforts were unsuccessful because the requests were not properly prepared. 

Michelle Estlund provided proof to INTERPOL’s Commission for the Control of INTERPOL’s Files (CCF) that the clients’ legitimate business included a lawful multi-level marketing program that operated exclusively in jurisdictions outside of China to remain compliant with the restrictions on multi-level marketing in China. She submitted proof of the unlawfulness of the PRC’s proceedings, its lack of respect towards the principles of human rights and its inability to provide a clear description of criminal involvement or purpose, and the political motivation of the criminal proceedings.

The CCF agreed with Estlund Law’s request and deleted both clients’ Red Notices from its databases.

They are now able to work, travel, bank, and live without the fear of being detained or targeted based on the Chinese Red Notices.

Our last post addressed how INTERPOL notices can be reissued using the case of Luis Guaman as an example. 

Mr. Guaman’s Case: Legal Conflict Between Jurisdictions

In Mr. Guaman’s case, after he fled to Ecuador, the U.S. obtained a Red Notice and requested his extradition to New York, where he is wanted for the murders of his wife and son. Ecuador refused to extradite Mr. Guaman to the United States and instead tried and sentenced him domestically. 

Red Notices are not indefinite and must be renewed every five years. Because the U.S. does not recognize the Ecuadorian proceedings as resolving the charges pending in New York, U.S. authorities continue to consider the case active and the arrest warrant valid. In other words, Ecuador views the matter as resolved under its domestic law, while the United States continues to treat it as an open case.

To maintain the notice, the requesting country must revalidate the warrant every five years and confirm that the request remains legally justified. In this case, the Plymouth County District Attorney’s Office renewed the warrant to keep the notice active, and fifteen years after the murders, INTERPOL has confirmed that Guaman remains listed as wanted.

Our clients sometimes question whether a Red Notice can still be acted upon after 5 years, and this case illustrates the fact that they can. The requesting member country must simply request the renewal and provide assurance that the notice’s purpose is still valid.

As always, thoughts and comments are welcomed.

Today’s post serves to show how INTERPOL notices can be re-issued, utilizing a recent case to highlight the implications in a real-life scenario. 

What are Red Notices?

Red Notices are requests to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. Red Notices are based on an arrest warrant or court order issued by the judicial authorities in the requesting country. Member countries apply their own laws in deciding whether to arrest a person in response to a Red Notice “hit.”

What is the difference between a Red Notice and an arrest warrant?

One of the most significant distinctions between a Red Notice and an arrest warrant is the that a Red Notice does not mandate INTERPOL’s member countries to take action. Once a Red Notice subject is encountered by law enforcement authorities in INTERPOL’s member countries, they may choose not to act on the Red Notice, or to question the subject, or to detain him briefly, or to move toward extradition proceedings. On the other hand, an arrest warrant is an official document issued by a judge or magistrate that requires law enforcement officers to arrest someone accused of a crime.

When do countries renew Red Notices?

Countries typically renew Red Notices when a case remains active and the individual is still wanted, to keep the alert current in INTERPOL’s system and encourage international cooperation. Red Notices are not indefinite and must be renewed every five years. To maintain the notice, the requesting country must revalidate the warrant every five years and confirm that the request remains legally justified. Our clients sometimes question whether a Red Notice can still be acted upon after 5 years- they can, and they merely need to be renewed with reassurance that their purpose is still valid.

Example of a renewed Red Notice

 One example of this is the case of Luis Guaman, for whom the US still has an active Red Notice issued, an Ecuadorian man for whom authorities originally obtained an arrest warrant for in 2011. He is wanted for the murders of his wife and son. Their bodies were found the day prior to Mr. Guaman flying from JFK Airport in New York to Ecuador. After an arrest warrant was issued, a copy of the warrant was hand-delivered to Ecuadorian embassy officials in Boston. Ecuador refused to extradite Mr. Guaman to the United States, citing its constitution’s prohibition on extraditing its own citizens. Plymouth County District Attorney Timothy Cruz strongly objected and urged then-Secretary of State and other national lawmakers to press Ecuador to return Mr. Guaman for prosecution in Massachusetts, where he would have faced life in prison without parole if convicted. In Ecuador, he faced a maximum sentence of 16 to 25 years.

Despite US officials’ objections, an Ecuadorian court conducted a two-day trial in 2012, found Mr. Guaman guilty, and sentenced him to 25 years in prison.

Our next post will detail the specifics of a member country renewing a Notice.

As always, thoughts and comments are welcomed.

INTERPOL recently reported  an agreement between the organization and French authorities to expand INTERPOL General Secretariat headquarters in Lyon, France to accommodate its growing workforce, which has increased from 350 staff in 1989 to over 1,000. 

The expanded headquarters, expected to be completed by 2031, will have capacity for up to 1,500 officials. In addition to its Lyon headquarters, INTERPOL operates globally through facilities such as its innovation complex in Singapore, regional bureaus, and liaison offices connected to international organizations including the United Nations and the European Union.

What this Expansion Means

Although the project was only recently announced, several potential implications can be considered. An increase in staffing could, for example, contribute to faster response times for INTERPOL Notice requests.

While the primary purpose of the expansion is to accommodate organizational growth broadly, a larger staff may allow for more resources to be allocated to core functions such as requests for Notice information, correction, and/or removal. 

In the context of Red Notices, this could translate into greater capacity for reviewing incoming requests and reassessing existing notices. Increased staffing may also help address existing backlogs or improve response times, though this will ultimately depend on how resources are distributed internally.

As always, thoughts and comments are welcomed.

Today’s post will address a recent case to exemplify why INTERPOL member countries may choose not to publish certain Red Notices. 

Unpublished Red Notices: a Recent Example

Recently, officials at a Moroccan airport arrested a Tunisian man who was a Red Notice subject and was wanted for suspicion of involvement in a criminal network engaged in forgery, fraud, and car theft. Following the arrest, Moroccan authorities began extradition procedures, coordinating with Tunisian authorities.

When individuals are stopped for Red Notices in a public setting, at the airport or a traffic stop, for example, they are most often caught unware because the requesting member country chose to keep the Notice unpublished. As reported by Disclose in January of this year, less than 10% of the 86,000 Red Notices in circulation are public. 

The purpose behind keeping a Red Notice unpublished is the same as keeping an arrest warrant sealed- if a subject knows she is wanted, she is less likely to travel or place herself in contact with law enforcement authorities. If the wanted status is unknown, the subject is likely to take the risks that can lead to detection, detention, and extradition.

How Know Your Red Notice Status

As stated in a previous post, The most reliable way to confirm whether you are a Red Notice subject is for the potential subject or her attorney to reach out to INTERPOL’s CCF. INTERPOL’s website has a small number of subjects listed publicly, but most of the notices are unpublished and require an inquiry for a definitive answer. 

As always, thoughts and comments are welcomed. 

The last post in this series addressed a Silver Notice issued against Karan A. Chanana, the chairman and managing director of Amira Pure Foods. Today’s post will break down the purpose of each notice and explore what would occur in a case involving both simultaneously. 

Silver Notices vs Red Notices

Silver Notices, as stated in my last post, exist to help identify, locate, and trace assets acquired through criminal proceeds by fugitives across INTERPOL’s member countries. These differ from Red Notices, which serve to locate and extradite a person back to the requesting country. In other words, Silver Notices track criminal assets, while Red Notices track individuals alleged to have committed criminal acts or who have been convicted of a criminal act. 

How do Red and Silver Notices Interact? 

Although it is not standard for an INTERPOL case to involve two types of notices, it is certainly possible. 

For example, a country may first discover allegedly criminal proceeds have been transferred or hidden abroad and request a Silver Notice to help trace and identify those assets internationally. As the investigation progresses, authorities may then identify the individual or individuals alleged to be responsible for the offense. If those suspects are located outside the country, the government may request a Red Notice to seek their location, provisional arrest, and eventual extradition so they can be tried or sentenced.

As always, thoughts and comments are welcomed. 

A Silver Notice has been issued against Karan A. Chanana, the chairman and managing director of Amira Pure Foods, who was reportedly declared a fugitive economic offender, in connection with an alleged Rs 1,200 crore(over $130,000 USD) bank loan fraud case. Today’s post will detail the facts of the case, what a Silver Notice entails, and the effect a Silver Notice has on one’s life and assets. 

What is a Silver Notice?

Before understanding the details of this case, it’s valuable to comprehend the effects of certain INTERPOL tools. In this instance, INTERPOL issued a Silver Notice,  which enables countries to share alerts and requests for information worldwide. The Silver Notice helps in identifying, locating and tracing assets acquired through criminal proceeds by the fugitive across INTERPOL’s member countries.

What is the effect of Silver Notices? 

As listed in a previous post following the Silver Notice’s induction into INTERPOL, Silver Notices serve the purpose of:

  • Helping to trace and recover criminal assets, combat organized crime and enhance international police cooperation. 
  • Allowing member countries to request information on assets linked to a person’s criminal activities such as fraud, corruption, drug trafficking, environmental crime, and other serious offenses. 
  • Aiding in the location and obtaining information about laundered assets including properties, vehicles, financial accounts and businesses. 
  • Serving as a basis for requests for seizure, confiscation, or recovery of assets, subject to national laws

Therefore, a Silver Notice can allow law enforcement to trace, confiscate, or seize certain assets associated with criminal activity. This differs from a Red Notice, which serves to locate and extradite a person to the requesting country. 

How do Silver Notices relate to this case?

Mr. Chanana, the head of global rice brand Amira, was initially investigated for various crimes including allegedly committing fraud and criminal misappropriation. More recently though, Mr. Chanana and Anita Daing, the whole-time director of Amira Rice, were declared as offenders under the Fugitive Economic Offenders Act by a Delhi court. The Silver Notice was reportedly released at the request of the Enforcement Directorate (ED), the premier financial investigation agency of the Government of India, and aims to trace and freeze Mr. Chanana’s assets, as he is currently reported to be in the UK. 

In the following post, I’ll explain how Red and Silver Notices differ and how law enforcement officials may choose to request both notices in a single case.

As always, thoughts and comments are welcomed.

Today’s post concludes our series on INTERPOL’s CCF’s 2024 Activity Report. Our first post in this series explored how the CCF’s delays are problematic for notice subjects, NCBs, and INTERPOL itself. Today’s post will explain why. 

What is a Red Notice (vs other INTERPOL Notices)

As stated here, a Red Notice is a request issued by INTERPOL to locate and provisionally arrest an individual pending extradition or similar legal proceedings. It is issued based on requests from member countries and usually involves serious criminal allegations. Other notices, with different uses, have different effects. For example, a yellow notice is used to locate missing persons; a black notice is to seek information on unidentified bodies; and a green notice is to notify other member countries that a person has committed certain crimes previously. Red Notices specifically come with their own set of challenges. 

The Personal and Professional Impact

  • Legal Complications: The involvement in legal proceedings associated with a Red Notice can be complex and costly. The inability to travel freely can hinder legal defense efforts, as individuals may face challenges in attending court hearings or meetings with legal representatives.
  • Economic Impact: Travel restrictions can lead to financial loss, particularly for those who rely on international travel for business or employment. The costs lost opportunities and disrupted plans can be substantial. Additionally, as stated in a previous post, banks and financial institutions utilize a variety of companies that provide personal data lists of those who are politically exposed, wanted for financial crimes, or listed by governmental agencies as prohibited business partners. If a country holds outdated information on a previous Notice subject, or INTERPOL’s CCF is experiencing delays, those financial agencies are more likely to treat the individual as an active Notice subject.
  • Psychological Strain: The stress of dealing with legal issues, coupled with the loss of travel privileges, can have a significant psychological impact. The uncertainty and disruption can affect mental well-being and overall quality of life.
  • Reputational Damage: The public nature of a Red Notice can lead to reputational damage. Even if the individual is later exonerated, the negative publicity and perceived association with serious criminal activity can have long-lasting effects on personal and professional relationships.

When requests for relief are delayed, the real effect of Red Notices on their subjects are also exacerbated. As the CCF receives more requests each year without additional resources, those people with improper notices are left facing difficulties listed above for as long as the delays last. It is clear from the 2024 CCF report that he organization was previously publishing more notices each year without being provided sufficient resources for the increase in request to the CCF for access, deletion, and revision.

 The CCF has been transparent about delays, though. It reported that 70 percent of access requests and 30 percent of complaints were processed late in 2024. Due to the delays, the Commission obtained new resources to provide for additional staff, additional paid days for CCF members, and dedicated resources to implement new IT tools. This should lead to an organization equipped for change. 

As always, thoughts and comments are welcomed.

Every year, INTERPOL’s Commission for the Control of INTERPOL Files(CCF) releases an Annual Report covering the Commission’s accomplishments. Today’s post will be addressing the report for 2024 and the reported requests for deletion, revision, and access. Each of these requests has a different intent and meaning.

As stated in a previous post,

  • Access requests are sent by clients wanting to confirm or deny that their information is being stored in INTERPOL’s databases
  • Correction/deletion request refers to the Commission correcting incorrect or abusive data or deleting false information from the organization’s databases
  • Revision of a previous decision made by the Commission is a request for the CCF to review new, relevant information relating to an earlier decision if that information was submitted in a timely fashion and would have made a difference to the CCF’s consideration of the case.  

The following data table displays the percentage of each type of admissible requests received in 2024:

Access RequestsDeletion RequestsRevision Requests
37%45%18%

Of the 2,586 new admissible requests, approximately 37 percent were access requests, 45 percent were deletion requests, and 18 percent were applications for revision. 

Our next post will detail how the CCF’s recent delays can be problematic for those interacting with INTERPOL. 

As always, thoughts and comments are welcomed.