Interpol Red Notices and Diffusions: Powerful — And Dangerous — Tools of Global Law Enforcement

A client, who has been under investigation in a foreign country, asks counsel if it is safe to travel internationally, or if there is a risk of arrest and detention even in countries that are not involved in the matter under investigation. That question implicates a powerful tool of global law enforcement known as a “Red Notice” and an even more powerful tool called a “Diffusion.” While Red Notices and Diffusions can serve a legitimate law enforcement purpose, they are susceptible to abuse. This article sets out the basic principles of Red Notices and Diffusions, and addresses the practical questions of how to ascertain whether a client is the subject of a Red Notice or Diffusion, and, if so, how to request its cancellation.