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Regional Conference Intellectual Property Crime Bahrain 13 - 14 April 2008
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United Nations Convention against Transnational Organized Crime Law enforcement, organised crime and anti-money laundering Unit Ian Munro Chief Governance, Human Security and Rule of Law Section
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United Nations Convention against Transnational Organized Crime The Palermo Convention 147 countries and the European Community signed the Convention ; 138 countries ratified 29 September 2003, in accordance with article 38 Ratified Bahrain - 07-06-04 Egypt - 05-03-05 Lebanon - 05-10-05 Morocco - 20-09-06 Signed Jordan – 26-11-02 Yemen – 15-12-00 Entry into force
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United Nations Convention against Transnational Organized Crime Convention has general measures against transnational organized crime Protocols deal with specific crime problems Protocols supplement the Convention Must be a party to the Convention to become party to a protocol ( Art. 37, Protocols, Art.1 ) Nature of the Instruments
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United Nations Convention against Transnational Organized Crime Purpose “To promote cooperation to prevent and combat transnational organized crime more effectively” (Art. 1)
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United Nations Convention against Transnational Organized Crime Contains key definitions, standardizing terminology Requires States to establish specific crimes Specific control measures (money-laundering, corruption etc.) Forfeiture of proceeds of crime Cooperation (extradition, mutual legal assistance, investigative measures etc.) Training, research, information measures Prevention Implementation Technical provisions (signature, ratification etc.) Structure of Convention
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United Nations Convention against Transnational Organized Crime An offence is transnational in nature if: Committed in more than one State; Substantial part of preparation, planning, direction or control takes place in another State; Involves an organized criminal group engaging in criminal activities in more than one State; or Has substantial effects in another State. (Art.3.2) Transnational in nature
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United Nations Convention against Transnational Organized Crime Organized criminal group - structured group - three or more persons - existing for a period of time - acting in concert aim of committing: –serious crime(s) or Convention offences –to obtain direct or indirect financial or other material benefit (Art. 2.a)
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United Nations Convention against Transnational Organized Crime Investigative measures - Mutual legal assistance; It calls for: agreements governing - joint investigations (Art.19) domestic and cooperative use of special - investigative techniques (Art.20) - controlled delivery - electronic or other forms of surveillance - undercover operations - Witness protection (Art.25) - to encourage those involved in transnational organized crime to cooperate with law enforcement (Art.26)
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United Nations Convention against Transnational Organized Crime Law enforcement Co-operation - Provides authority for law enforcement agencies of State Parties to cooperate; - Conduct enquiries to identify persons, whereabouts, activities of suspected persons; - Follow the movement of their criminal proceeds or property; - Follow the movement of property and finances used in support of offences. - Offers the Convention as basis for legal cooperation - Exchange information on specific means and methods used by organized criminal groups; - General trends, analytical techniques, definitions, standards and methodologies
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United Nations Convention against Transnational Organized Crime Training / Technical Assistance - Encourages development of specialised training to detect Convention offences ; - Promotes staff exchange,inter-agency secondments, liaison officers; - Routes and techniques of offenders; - Detect & monitoring of proceeds of crime; - evidence collection; - control techniques at Free Ports and Free Trade Zones. Article 29
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Ian Munro Law Enforcement, organised crime and anti-money laundering unit. Thank you www.unodc.org United Nations Convention against Transnational Organized Crime
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