Session 6 Comments: Challenges in implementing the Protocol Panama City, Panama 10-12 July 2012 John W. Colledge III Consultant Supervisory Criminal Investigator.

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Presentation transcript:

Session 6 Comments: Challenges in implementing the Protocol Panama City, Panama July 2012 John W. Colledge III Consultant Supervisory Criminal Investigator (Retired) U.S. Customs Service Department of Homeland Security

Legislation and enforcement  Criminal offenses defining illicit trade meeting UNTOC definition of transnational organized crime.  Money laundering and proceeds of crimes legislation -- including asset forfeiture fund.  Technical surveillance, undercover, inspections and audit legal authorities.  Lead agency with police powers, training, staffing and financial resources.  Prosecutors, trained and dedicated to organized crime offenses.  Tracking and tracing system.  Trade data analysis.  Criminal forensic support -- crime laboratory.

Tax stamp or code? Tax stamp  Paper or other material  Encrypted  Public recognition  Anti-counterfeit features  Applied at manufacturer  Manufacturing, imported and exported products Code  Ink jet applied  Encrypted  Applied at manufacturer  Manufactured and exported products

More than a stamp or code  Revenue collection tool.  Monitoring collections.  Inspections.  Manufacturing.  Sales.  Imports.  Exports.  Revenue protection tool.  Inspections.  Audits.  Criminal Investigations.  Trade data analysis.  Revenue analysis tool.  Taxes and duties projected.  Taxes and duties collected.  Portal to other government data systems.

What Tracking and Tracing System Does My Country Need?  Government controlled system free of the tobacco industry.  A system that is based upon the needs of revenue (including customs), police and prosecutors.  System that integrates other taxed products such as alcoholic and other beverages.  Needs – based upon tobacco manufacturing, free zones, imports, exports and illicit trade.  Costs – passed to the tobacco industry or public, external financing, funding arrangements with security system vendors.

Addressing Illegal Manufacturing  Counterfeit – trademark infringement.  Unlicensed manufacturing.  Over-production.

NLETS – A Possible Solution for the Global Information Sharing Focal Point  National Law Enforcement Telecommunications System. (nlets.org)  Not a database.  Switching interface for law enforcement agencies in the United States and Canada.  Linked to arrest warrants, missing persons, stolen property, vehicle registration, driver’s license data, automated criminal histories and more.  Linked to INTERPOL notices.

“Key Inputs” and Trade Data Analysis  Harmonized schedule.  Paper-wrapped cigarettes.  Cigarette paper.  Acetate filter tow.  Tobacco.  Trade anomalies.  Trade-based money laundering.

Summary  Appropriate legislation and regulation.  Anti-money laundering and proceeds confiscation.  Appropriate law enforcement agency and prosecutors.  Criminal investigative needs differ from revenue collection needs.  Tracking and tracing, is only one component of a viable enforcement program.  Scientific investigations and trade data analysis are important in support of illicit trade investigations.  There is a large volume of misinformation and false information related to illicit trade.

John W. Colledge III