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The 125th International Training Course
(8 September - 31 October 2003)
1. Main Theme of the Course
Effective Countermeasures against Illicit Drug Trafficking and Money Laundering.
2. Rationale
It goes without saying that illicit drug trafficking facilitates drug
abuse which is one of the most serious global social problems, and also
brings organized criminal groups substantial profits, which fund such
groups activities and stimulates their growth. Much of these profits infiltrates
the legitimate business sphere and may impair the integrity and stability
of legitimate economic and financial systems as a whole. It has also been
pointed out that some proceeds of drug trafficking may even go into the
pockets of terrorist groups. Illicit drug trafficking and the proceeds
derived from it, therefore, pose an immeasurable threat to the security
of the government and the rule of law, as well as economic and political
stability and the sound development of all countries, including Asia and
the Pacific region.
It is obvious that law enforcement agencies should make every effort to
prevent illicit drug trafficking related offences and investigate these
offences thoroughly by utilizing various investigative methods. Controlled
delivery and undercover operations, for example, have been utilized as
effective investigative measures to date. On the other hand, when we pay
attention to the fact that the purpose of illicit drug trafficking is
to pursue financial gain, the most effective strategy is to deprive the
perpetrators of their illicit proceeds and any property derived from them;
and to control and criminalize the act of disguising and concealing the
origin of this dirty money i.e. the act of "money laundering".
This strategy will deprive criminals of their incentive to commit further
crime and exhaust the funds for reinvesting in further criminal activities,
which will inevitably weaken the functionality of these organized criminal
groups or even destroy them. Such strategy has given us a new approach
to effectively combat illicit drug trafficking.
However, dirty money is actually increasingly laundered on an international
scale owing to the development of technology and the increasing globalization
of the economy and society. We are all aware that money laundering itself
poses a growing threat to our society as well as to the international
economic and financial system. According to some research by the United
Nations and others, estimates of the amount of money laundered globally
in one year have ranged between $500 billion and $1 trillion, and the
majority of this amount is the proceeds of drug trafficking. Criminals
can have a deleterious effect on legitimate businesses parasitically and
distort fair competition by their huge illicit proceeds. Furthermore,
money laundering techniques have made rapid progress and become more sophisticated,
for example, by the skillful use of shell corporations, off-shore financial
centers (the safe haven of illicit funds), underground banking and the
involvement of professionals such as lawyers and accountants. Organized
criminal groups have strengthened their global networks among them rapidly.
In recognition of the gravity of this issue, various international initiatives
have been taken to tackle illicit drug trafficking and money laundering.
As regards the United Nations, the UN Convention Against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances was adopted in 1988, which
requires State Parties to criminalize money laundering and take necessary
measures to trace, freeze and forfeit the proceeds in relation to drug
offences. The United Nations also adopted the UN Convention against Transnational
Organized Crime in 2000, which provides for a comprehensive legal tool
to effectively tackle transnational organized crime, and it requires State
Parties to extend the scope of predicate offences of money laundering
beyond drug trafficking to all serious crimes. The UN Office on Drugs
and Crime has actively contributed to the fight against money laundering
in various fields including implementation of the Global Programme against
Money Laundering.
The G-7 Summit established the Financial Action Task Force on money laundering
(FATF) in 1989, and most importantly, FATF developed the international
standards " The Forty Recommendations" which set out a comprehensive
blueprint for countries to implement effective anti-money laundering programmes.
FATF examines the 29 member countries and territories' progress in implementing
"The Forty Recommendations" through self-assessment and a mutual
evaluation procedure, and also publishes a list of Non-Cooperative Countries
and Territories to encourage those countries to improve their programmes.
In addition, regional initiatives have been actively taken, for example
the Asia/Pacific Group on Money Laundering (APG) has addressed this issue
to facilitate the implementation of internationally accepted money-laundering
standards in this region since 1997.
In reality, nonetheless, we have encountered difficulties in detecting
illicit drug trafficking and money laundering due to the clandestine nature
and the complexity of these offences, including identifying, tracing and
freezing the proceeds of crime. In this respect, we should introduce,
by domestic legislation, innovative legal weapons provided in the above-mentioned
UN Conventions and other international standards, and implement these
more effectively by, for example, improving investigative techniques,
in order to combat such crime.
Furthermore, it is widely acknowledged that due to the inherent global
nature of illicit drug trafficking and money laundering, harmonization
of countermeasures and international cooperation is indispensable, especially
so as to deny creating safe havens to criminals and their illicit proceeds.
If a country does not join our concerted battle, the illicit money will
flow into that country and will be laundered. International cooperation
needs to be stressed; information exchange mechanisms, and mutual legal
assistance and extradition needs to be carried out in a more effective
and expeditious manner. Without strengthening international cooperation,
we can never win the "war on drugs".
Taking this into consideration, UNAFEI, as a regional institute (affiliated
with the United Nations) for the prevention of crime and the treatment
of offenders, decided to undertake a series of international training
courses and seminars under the general subject of "countermeasures
against transnational organized crime". This course is part of UNAFEI's
continuing commitment to this internationally important theme.
3. Objectives
Giving due consideration to the above rationale, this Course will explore
effective countermeasures against illicit drug trafficking and money laundering.
By sharing and discussing lessons and successful practical examples which
the participants will provide, we will be able to explore more effective
countermeasures against drug trafficking and money laundering.
In the discussions of this course, focus will be placed on the following
elements:
1. Current situation and problems of:
(1) Drug related crimes (including drug abuse and illicit manufacture,
but especially focusing on illicit drug trafficking both internationally
and internally; available case data, case examples, traffic routes, recent
trends, etc)
(2) Money laundering both internationally and internally involving the
proceeds of not only illicit drug trafficking but also all other predicate
offences (available case data, case example, modus operandi, recent trends,
etc)
(3) Involvement of organized criminal groups in illicit drug trafficking
and money laundering
2. Effective investigation methods and other measures for illicit drug
trafficking and money laundering. Practices and problems relating to the
following methods and measures:
(1) Controlled delivery
(2) Electronic surveillance and communications interceptions, etc
(3) Undercover operations
(4) Immunity
(5) Utilization of informants
(6) Protection of witnesses (both at the investigative stage and the trial
stage)
(7) Other effective methods
3. Legal frameworks, problems and solutions of:
(1) Criminalization of money laundering involving the proceeds of illicit
drug trafficking
(2) Scope and extension of predicate offences for money laundering
(3) Establishment of the suspicious transactions reporting system, and
the introduction of and the activities of Financial Intelligence Units
(FIU)
(4) Cooperation by banks and non-bank financial institutions
(5) Confiscation (confiscation of the proceeds and assets), criminal/civil
forfeiture, freezing systems, collection of the value of the proceeds,
asset sharing and other related systems
(6) Shifting the burden of proof to the defendant, and any other methods
of alleviating the prosecutors' burden of proof with respect to money
laundering related offences
(7) Other anti-money laundering systems/strategies
4. Current situation and problems of international cooperation, such as:
(1) Information exchange
(2) Mutual legal assistance
(3) Extradition
(4) Joint investigation and border control
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