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

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

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

 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

Asia Pacific: source, market, and trans-shipment  All forms of TEC Wildlife smuggling

Asia Pacific  All forms of TEC Wildlife smuggling Timber trafficking

Trafficking – by river, by road, by sea

Trade routes for illegal timber entering the UK

Asia Pacific  All forms of TEC Wildlife smuggling Timber trafficking Hazardous waste

Asia Pacific  All forms of TEC Wildlife smuggling Timber trafficking Hazardous waste ODS

ODS smuggling routes

Asia Pacific  All forms of TEC Wildlife smuggling Timber trafficking Hazardous waste ODS Illegal (IUU) fishing

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

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

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)