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Following the proceeds of environmental crime: fish, forests and filthy lucre University of Wollongong, February 2010 Transnational environmental crime in the Asia Pacific Associate Professor Lorraine Elliott Senior Fellow in International Relations Australian National University http://rspas.anu.edu.au/ir/tec
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Defining transnational [environmental] crime A crime is transnational if it is committed in more than one state; is committed in one state but a substantial part of its preparation, planning, direction or control takes place in another state; is committed in one state but has substantial effects in another state (United Nations General Assembly, Convention Against Transnational Organised Crime, A/RES/55/25 (2000), article 3 UN Convention Against Transnational Organised Crime) a border must be crossed and the activity must be recognized as a criminal offense in at least two countries as a result of international or national law (Former Interpol Secretary General) perpetrators, products, profits
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Characteristics High returns and low risk Opportunistic Individuals and small scale operators Local communities Increasingly systematic Organised crime groups Smuggling chains Complex trade routes with multiple forms of concealment Parallel trafficking, barter trade, venture capital for militia and terrorist groups
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Complex personnel arrangements Intermediaries and brokers Multi-layered business arrangements and use of ‘legitimate’ companies Corrupt officials and politicians Military and law enforcement agencies Cross-over crimes Corruption Fraud Counterfeiting Money laundering Consequences Environmental Governance Social
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Asia Pacific: source, market, and trans-shipment All forms of TEC Wildlife smuggling
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Asia Pacific All forms of TEC Wildlife smuggling Timber trafficking
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Trafficking – by river, by road, by sea
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Trade routes for illegal timber entering the UK
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Asia Pacific All forms of TEC Wildlife smuggling Timber trafficking Hazardous waste
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Asia Pacific All forms of TEC Wildlife smuggling Timber trafficking Hazardous waste ODS
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ODS smuggling routes
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Asia Pacific All forms of TEC Wildlife smuggling Timber trafficking Hazardous waste ODS Illegal (IUU) fishing
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Key issues Understanding how networks/chains of custody function – what sustains them How ‘crossing points’ are managed – physical borders and boundaries between the illicit and licit economies Critical nodes/brokers
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Failures of enforcement (Hoare) Sanctions and legal tools Capacity and resources Coordination Data Weak governance [Closing the Net] Uneven participation in existing multilateral instruments t Inadequate implementation of existing instruments Inadequate state control over relevant industries geographical and structural gaps in international governance Subsidies and other perverse signals
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Capacity and response – who/how/what? National frameworks – policy, regulatory, operational Follow the product? Follow the profit? International legal frameworks (MEAs, UNTOC, UNCAC) Partnerships and networks Regional transgovernmental agencies (ARPEC, MEA-REN, ASEAN-WEN, RILO-A/P, UNODC) International/inter-regional (Interpol Environmental Crime Program, EU-FLEGT, INECE)
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