FOLLOWING THE PROCEEDS OF ENVIRONMENTAL CRIME: FISH, FORESTS AND FILTHY LUCRES University of Wollongong February 2010 Arif Havas Oegroseno Director-General for International Law and Treaties, Indonesian Ministry of Foreign Affairs

Threats to: marine ecosystem coastal community national income food security Conducted by organized people (s) Involving multiple jurisdictions Characters of IUU Fishing Department of Foreign Affairs - Indonesia

Companies established in various countries Multiple buyers Vessels with multiple flags or no flags Crews with various nationalities Vast area of operations in a national jurisdiction or high seas Multiple Jurisdictions in IUU Fishing Department of Foreign Affairs - Indonesia

1995 Code of Conduct for Responsible Fisheries FAO 2003 Compliance Agreement 2009 Port State Measures Emphasizes are sustainability of fisheries All are soft laws Existing Multilateral Instruments Department of Foreign Affairs - Indonesia

Corruption and bribery to law enforcement forfeit funds & its proceeds received by officials Instrumentalities of crimes: destroy vessels and other tools sell the catch Jail time for vessel’s captain etc Following the Proceeds Department of Foreign Affairs - Indonesia

Can we follow the money : enjoyed by the outfits in country H establishing company ? enjoyed by the outfits in country S laundering the profit ? enjoyed by the outfits in country J selling the stolen fish ? Following the Proceeds Department of Foreign Affairs - Indonesia

NO WE CAN NOT FOLLOW THE MONEY IUU Fishing is not criminalized in most countries, especially those serving as global hub of financial center There are no international instruments criminalizing IUU Fishing Using predicate crime has its limitation Following the Proceeds Department of Foreign Affairs - Indonesia

Establish New Protocol of UN TOC to deal with IUU Fishing Establish an expert level meeting of like- minded countries in Asia - Pacific to draft such Protocol New Approach Department of Foreign Affairs - Indonesia

Terima Kasih