Challenging an INTERPOL Red Notice can be critical for individuals accused of financial and administrative offenses. While INTERPOL’s Red Notice system is designed to facilitate international police cooperation, it is increasingly being misused for cases like tax evasion and business licensing violations.
A recent decision by the Commission for the Control of INTERPOL’s Files (CCF) highlights how INTERPOL applies restrictions on Red Notices for administrative and regulatory offenses. In this case, the CCF ordered the deletion of a Red Notice issued for tax evasion and illegal entrepreneurship, ruling that the charges did not meet INTERPOL’s criteria for serious criminal offenses.
Can INTERPOL Issue a Red Notice for Tax Evasion or Business Licensing Violations?
According to Article 83 of INTERPOL’s Rules on the Processing of Data (RPD), a Red Notice cannot be issued for the following types of offenses unless they are linked to serious crime or organized crime:
- Tax offenses (e.g., non-payment of taxes without evidence of fraud or corruption).
- Violations of business licensing regulations (e.g., operating without a required permit).
- Offenses causing financial loss to public funds where there is no personal gain, no gross negligence, and no fraud or corruption.
These restrictions are designed to prevent the misuse of INTERPOL’s system for enforcing tax disputes, regulatory compliance issues, and financial matters that should be handled through civil or administrative proceedings rather than international police cooperation.
How the CCF Evaluates Red Notices for Financial and Administrative Offenses
In the recent case before the CCF, the applicant was subject to a Red Notice for tax evasion and conducting business without the necessary permits. The applicant challenged the notice on the grounds that:
- The charges were administrative, not criminal.
- He had no authority over tax decisions or business licensing.
- He received no personal financial benefit from the alleged violations.
The NCB (National Central Bureau) that requested the Red Notice argued that the applicant was responsible for falsified tax declarations and unauthorized business activities. However, the CCF found that the case did not meet INTERPOL’s criteria for Red Notices and ruled in favor of deletion.
Key Reasons the Red Notice Was Deleted
The CCF based its decision on INTERPOL’s 2022 policy, which prohibits Red Notices for offenses originating from administrative violations, unless they are linked to serious crime or organized crime. The charges—non-payment of taxes and conducting business without a permit—fell squarely within INTERPOL’s list of excluded offenses, which includes:
- Violations of licensing regulations related to business and construction.
- Causing financial harm to public funds where there is no fraud, corruption, or personal gain.
Furthermore, the NCB failed to provide any evidence that the applicant had personally benefited from the alleged offenses. The CCF noted:
“While the NCB stated that the Applicant personally gained from the alleged acts, it did not provide supporting elements but rather general statements as to the existence of evidence against the Applicant, nor are there clear elements provided by the NCB that ascertain the Applicant was aware of the falsification of tax declarations, and that he received funds beyond his salary.”
Additionally, evidence of criminal intent was lacking in this case. The applicant was not the owner or primary decision-maker of the company, and the arrest warrant focused on company actions rather than individual misconduct. The CCF found no indication that he had knowingly engaged in fraud or corruption, further reinforcing that the charges were administrative rather than criminal.
Because of these findings, the CCF ruled that the Red Notice was non-compliant with INTERPOL’s rules and ordered its deletion.
How to Challenge an INTERPOL Red Notice for Financial or Administrative Offenses
If you are facing a Red Notice for tax evasion, licensing violations, or other administrative offenses, you may have strong grounds to challenge its validity under INTERPOL’s rules. The key steps include:
- Determine if the offense is on INTERPOL’s prohibited list – If your case involves tax issues, licensing violations, or administrative infractions, it may not qualify for a Red Notice.
- Prove that you did not personally gain from the alleged offense – If you did not profit beyond your salary, this can strengthen your challenge.
- Demonstrate the lack of criminal intent – If you were not the decision-maker or did not knowingly commit fraud, the Red Notice may violate INTERPOL’s standards.
- File a deletion request with the CCF – If the Red Notice is non-compliant with INTERPOL’s rules, a request can be submitted to the CCF to have it removed.
Strengthening Safeguards Against Red Notice Misuse
This CCF decision reinforces INTERPOL’s commitment to ensuring that Red Notices are not used to enforce regulatory or financial disputes.
For individuals and businesses facing Red Notices for tax or licensing offenses, this ruling sets an important precedent. It highlights the strict evidentiary standards required for financial crime-related Red Notices and provides a clear legal framework for challenging notices that do not meet INTERPOL’s criteria.
For a deeper legal analysis of this case, read the full article co-drafted by Charlie Magri and Ariel Rawls on the Grossman Young & Hammond website.
