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U.S. Department of State

Diplomacy in Action

FY 2009 Program and Budget Guide: East Asia and the Pacific


Report
Bureau of International Narcotics and Law Enforcement Affairs
May 13, 2008

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China

Budget Summary ($000)

FY 2007 Actual

FY 2008 Estimate

FY 2009 Request

---

---

600


Program Objectives and Performance Indicators

The Resident Legal Advisor Program (RLA) will further assistance to criminal justice and law-enforcement sectors and facilitate criminal legal reform in the People’s Republic of China (PRC). The RLA’s primary goal is to promote criminal law reform, to professionalize the criminal justice system, to promote U.S.-PRC law-enforcement cooperation, and to enhance law-enforcement efforts to combat a range of domestic and transnational crimes.

The RLA also promotes professional responsibility among investigators, prosecutors, and judges and advances respect for rule of law and civil liberties in the context of China’s criminal justice system. Improvements in these areas directly benefit the U.S. government and add protections for American businesses and U.S. citizens in the PRC. The benefits include reductions in transnational drug trafficking and other forms of criminal activities, greater legal protections for American citizens and business entities in China, and protections of American intellectual property rights (IPR) while prosecuting IPR infringements.

Transformational Diplomacy

Funds will advance the Secretary’s Transformational Diplomacy goals of addressing key remaining challenges to security and law enforcement for this developing country, focusing on the rule of law.

Program Justification

The bilateral relationship between China and the United States on criminal justice and law enforcement issues continues to develop and grow. In 2000, there were several significant advances in that relationship. First, China hosted an American prosecutor for three months in early 2000 to study China’s criminal justice system and to introduce Chinese legal experts to the American criminal justice system. Second, in June 2000, China and the United States signed a Mutual Legal Assistance Agreement, which went into effect in March 2001. Third, for the first time, the National People’s Congress Legal Affairs Commission hosted an American delegation in China to provide technical assistance in drafting a new criminal evidence law. Finally, the Department of State initiated a U.S.-China Joint Liaison Group in 2000 to meet annually in Washington, DC and in Beijing, China, in alternate years, to discuss rule of law issues of mutual interest. The most recent plenary was held in Beijing in June 2007; working groups meet regularly during the year.

Program Accomplishments

In 2001, when the Chinese government expressed an interest in hosting an RLA in China, the Department of State provided reprogrammed INCLE funds to the Department of Justice, Office of Overseas Prosecutorial Development, Assistance, and Training (OPDAT) to establish that position. Since the position’s inception, the RLA has functioned as regularly sought out and highly valued resource for the U.S. Embassy, for U.S. Government visitors to China, and for Chinese jurists seeking to deepen their knowledge of American jurisprudence. In March 2004, the National People’s Congress amended China’s Constitution to guarantee human rights for China’s citizens. The next step is for the government and the Chinese Communist Party to create the legal mechanisms necessary to implement this and other constitutional guarantees. The Chinese government continues to detain and imprison its citizens for peacefully exercising their rights of freedom of expression, association and belief. Coerced confessions, lack of access to defense counsel, intimidation of defense counsel, and pervasive presumption of guilt by law enforcement officials continue to pervade the criminal justice system. Although the Chinese government has made the 2008 Olympics a centerpiece of its international affairs program, it faces serious challenges of properly hosting them (i.e., providing security, civil disorder management, crime control, corruption control, intellectual property rights enforcement, and media protections).

Since 2005, the RLA program has made significant progress. For example, Chinese government officials have treated their legislative drafting efforts as internal information whose disclosure may be punishable by severe criminal sanctions. In August, 2005, however, the RLA seized an opportunity to comment on draft regulations on the transfer of cases from administrative organs to the public security organ and the Procuratorate. In other words, the RLA spoke to a joint committee headed by the Supreme People’s Procuratorate about the establishment of a clearly defined standard for the initiation of criminal proceedings. In September 2005, Chinese and American prosecutors across the Pacific Ocean engaged in telephone depositions of Chinese witnesses in connection with a federal fraud case in Nevada. Tense moments that almost aborted the proceedings were smoothly guided back on track by the RLA who explained and interpreted for the Chinese officials the nature and purpose of cross-examination.

These developments and others demonstrate the continued receptivity of the Chinese to the work of criminal justice reform. It is important to note, however, that the PRC accepts foreign assistance only on its own terms. For example, the RLA has been frustrated in attempts to observe criminal trials by officials who change their minds and close the proceedings without notice. Hence, the change in China to a system that respects due process and human rights is likely to occur incrementally. A number of RLA activities, such as facilitating contacts between the United States and China, and acquainting Chinese officials with U.S. justice sector values and practices, are designed to serve preliminary goals of fostering more openness and dispelling distrust between the two countries, while simultaneously serving secondary goals of inculcating fairer criminal justice procedures in China. Additionally, the RLA serves as one of the Embassy’s most important public diplomacy tools as the RLA has frequent consultations with local law enforcement and speaks frequently with up-and-coming Chinese lawyers.

FY 2009 Program

Resident Legal Advisor

Information Sharing on Best Practices in Criminal Cases: The RLA will establish regular roundtable events on issues of prosecutorial decision-making and procedure. These events aim to develop relevant information about the Supreme People’s Procuratorate and ways of successfully engaging with them. They will also identify Chinese prosecutors who are interested and willing to partake in discussions of prosecutorial procedure with U.S. prosecutors and create opportunities for such discussions. These roundtables will increase U.S. knowledge of the Chinese criminal justice system by observing criminal trials and proceedings. They will also identify scholars and reformers in China who are studying criminal trial procedural reforms and create opportunities to provide them with information about U.S. law and procedures. The RLA will encourage and promote reform of the Chinese criminal trial system to include protections for defendants that are consistent with internationally accepted standards of fairness, such as the right to effective counsel, to silence, and to confront evidence against him.

Cooperation on Law Enforcement Issues of Mutual Interest: Counter-Terrorist Financing, Money Laundering, and Computer Crime: The RLA will seek opportunities to create and facilitate exchanges between U.S. law enforcement officials, including Department of Justice officials and their Chinese counterparts, on issues of mutual interest, such as counter-terrorist financing, money laundering, and computer crime. The Advisor will also develop relevant knowledge of the Chinese law enforcement structure and its methods of combating corruption, money laundering, computer crime, and terrorist financing. The RLA will identify law enforcement agencies and officers in China whose goals are compatible to those of U.S. law enforcement and create opportunities for exchanges, cooperation, coordination, and familiarization.

Prevention, Detection, and Interdiction of violations of Intellectual Property Rights: The RLA will assess the Chinese legal framework, commitment and response to violations of intellectual property rights while creating opportunities to discuss intellectual property rights issues with Chinese government counterparts. Finally, the RLA will identify law enforcement agencies and officers in China whose goals are compatible to those of U.S. law enforcement and create opportunities for exchanges, cooperation, coordination, and familiarization.

Program Development & Support (PD&S)

Funds will cover salaries, benefits, and allowances for foreign national direct hire and contract personnel, field travel, International Cooperative Administrative Support Service (ICASS) costs, and general administrative and operating expenses for program planning, design, implementation, monitoring, and evaluation.

China
INL BUDGET
($000)

FY 2007
FY 2007
Supp

FY 2008
FY 2009


Resident Legal Advisor
-
-
-
502
Program Development and Support

U.S. Personnel
-
-
-
-

Non-U.S. Personnel
-
-
-
43

ICASS Costs
-
-
-
40

Program Support
-
-
-
15

Sub-Total
-
-
-
98
Total

-
-
-
600


Indonesia

Budget Summary ($000)

FY 2007 Actual

FY 2008 Estimate

FY 2009 Request

4,700

6,150

9,450

Program Objectives and Performance Indicators

The Indonesian National Police (INP) will continue its transformation into a skilled, professional, civilian-led police force predicated on respect for the rule of law, human rights and professionalism.

Performance indicators include the establishment of an internal disciplinary system; the institutionalization of anti-corruption practices and professional standards, the development, implementation, and integration of contemporary police investigative methods, policies, and standards of operations for the Criminal Investigations Division (CID) of the INP, including the Major Crimes Unit and the Economic and Special Crimes Unit, development of standard operating procedures for all major divisions of the INP commensurate with internationally accepted standards, and the completion of the Police Instructor Institute. Progress will also be indicated by increased public confidence in INP’s ability to uphold the law as measured by governmental and/or NGO indices.

The Marine Police’s ability to patrol ports, harbors and waterways will be improved.

Performance indicators will include the deployment of an additional squadron of the Marine Police Special Boat Unit (SBU), and the development of standard operations procedures and sustainable training capacity for maritime interdiction and security.

Indonesia will improve its legal framework to counter organized crimes and terrorism; will develop the competencies of investigators, prosecutors and judges to handle complex counter terrorism and other organized crimes cases; and establish a culture of institutional integrity within the law enforcement and criminal justice sectors.

Performance Indicators include the prosecution of significant cases by a task force on terrorism and transnational crimes within the Attorney General’s Office, the enactment of witness protection procedures, the enactment of money laundering legislation to strengthen Indonesia’s Anti-Money Laundering (AML) regime, and the introduction in the Attorney General’s Office of the recruitment, retention and operational policies to address corruption.

Indonesia’s drug intelligence analysis and interdiction capacities will be strengthened.

Performance indicators will include an increase in the number of drug and contraband cases presented to the procuracy for prosecution by the Indonesian National Police Drug Enforcement Unit and the National Narcotics Board; the development of advanced investigative skills to interdict narcotics shipments, the dismantling of clandestine drug labs, and the disruption of narcotics trafficking networks.

Transformational Diplomacy

FY 2009 funds advance the Secretary of State’s Transformational Diplomacy goal for this developing country by helping to build and sustain a democratic, well-governed Indonesia that responds to the needs of its people and conduct itself responsibly in the international system. This will be done by focusing on law enforcement program and a Rule of Law program.

Program Justification

Indonesia is a key strategic partner in terms of fighting transnational criminal organizations and promoting regional stability. It is the largest Muslim country in the world. As an emerging democracy, Indonesia is an important nation in providing leadership to the Islamic world. Indonesia is also a center of criminal activity, such as cyber-crime, illegal migration and piracy, and home to terrorist groups, including Jemaah Islamiyah (JI). In its transition to democracy and facing an increasingly sophisticated criminal threat, the Government of Indonesia has recognized the need for institutional reform of its police organizations and within its criminal justice system.

For thirty-three years during the reign of authoritarian President Suharto and for two years under the leadership of President Habibie, the INP was a part of the armed forces of Indonesia. During those thirty-five years, the police definition of domestic security was, “Protection for the State (i.e., its elite) from its citizens.” Until the democratic election of President Abdurahman Wahid in 2000, all but the most routine domestic security/public safety tasks were conducted by the Indonesian military (TNI) or the police paramilitary Mobile Brigade (BRIMOB), which had been trained to use military tactics to preserve law and order.

In 2000, President Wahid sought assistance from several international donors, among them the United States, Australia, Britain, Japan, and the Netherlands, to support Justice Sector reform, including police reform. The USG was willing to participate and provide substantial resources, but not until the police were formally separated from the Indonesian Armed Forces. On July 1 2000, President Wahid signed Presidential Decree 02/00, formally separating the INP from the TNI. USG assistance to support the decree commenced in August 2000.

Indonesia is a center of cyber-crime, and its social development is hindered by the prevalence of transnational criminal organizations. Communities handle village crimes within the community with their own sense of restorative justice due to either a lack of police responsiveness, lack of police presence, or incompetence. International narcotics trafficking is a serious and growing problem in Indonesia. Syndicated drug traffickers from countries in and beyond the region have targeted operations in Indonesia. Domestic availability and use of illicit narcotics are escalating. In addition, Indonesia is home to terrorist groups and has been the target of several deadly terrorist bombings. The skill level of INP must be enhanced to address effectively both criminal and terrorist activities and demonstrate its abilities to the public. Corruption is endemic in Indonesia, including within INP. The Police Assistance Program has made significant progress in establishing INP-wide mechanisms to root out corruption by developing a code of conduct and internal disciplinary system.

Indonesia’s maritime borders, which stretch across 17,000 islands, are largely unprotected and undefended, leaving the country vulnerable to a range of criminal activities from narcotics smuggling to terrorist infiltration. The strategic importance of the Malacca Strait to global economic security makes it imperative that Indonesia has the capacity to monitor and police criminal activity along the maritime borders, which are largely unprotected. A comprehensive assessment of Marine Police capabilities and needs was conducted in January 2004. This assessment was used as a basis for implementing a program to address Indonesia’s multi-jurisdictional maritime policies, responsibilities and complexities. Training, technical assistance, and equipment programs developed from the assessment will be enhanced using funding and continue until the Marine Police Directorate has the capacity to effectively fulfill its mission. Since INP was separated from the TNI in mid-2000, the Marine Police Directorate has lacked the training, equipment, and leadership to perform enforcement duties efficiently. The Marine Police will need to be modernized over the next several years. The Marine Police need a new strategic plan and modernization of current operational units. Marine Police personnel will require training as well as equipment and technical assistance to patrol ports and waterways effectively and to combat numerous forms of local and transnational crimes.

In addition, criminal justice sector reform is crucial to effective democratic reform and goes hand-in-hand with police reform. Creating an effective, well-trained police force based on democratic principles, community policing, and respect for rule of law and individual rights must be complemented by prosecutorial and judicial reform. Effective law enforcement efforts must culminate in bringing criminals to justice through an evidence-based system as opposed to the ineffective and abuse-prone inquisitorial system currently in place. USG efforts are in process to help with the significant paradigm shift required for this transition for police, prosecutors, and the court system. When cases are developed, prosecutors must be skilled in using evidence to try cases successfully. Defense attorneys must know how to protect the rights of the accused, and judges must be personally above reproach to ensure a fair trial. Corruption must be rooted out at all levels of the system. If the judicial system is not reformed, police soon become demoralized, and the public loses confidence in the system.

To ensure that Indonesia’s transition to democracy is meaningful and takes root within its institutions, the democratization and professional development of all levels and units of INP as well as the prosecutorial and judicial sectors must be realized. The Police Assistance Program, Marine Police development program, Drug Law Enforcement assistance, and Criminal Justice Sector Reform programs are designed to achieve those goals and objectives.

Program Accomplishments

The separation of the police and military into two separate institutions and INP’s transition to a civilian-controlled, democratic police force is a work-in-progress; yet, since the implementation of the Police Assistance Program in mid-2000, significant successes have been realized. INP reform and training have enhanced police investigative skills and police counternarcotics training and technical assistance have resulted in seizures of illicit narcotics and the closing of synthetic-drug production labs within Indonesia.

Reorganizing and reorienting INP is a substantial undertaking, requiring a change in the structure, culture, management style, and training of the entire 300,000 member national police force. FY 2008 funds would continue the Police Assistance Program (begun in 2000) by implementing programs to address management issues at the highest level. To date, such programs have been very well received and implemented by INP. Contemporaneously, a combination of technical assistance, training, and equipment donations have been provided to assist the police in handling civil disorder in a manner that maintained order while respecting human rights and the rule of law. As a result of this initiative, the INP made significant changes in their handling of demonstrations and were the recipients of laudatory comments from various members of the NGO community. Importantly, since this training took place there have been no reported civilian deaths related to the INP’s handling of civil disturbances. INL continued to work with the INP Chief and officials at national and regional levels to continue the development and implementation of management plans that incorporate principles of leadership and management into the operation and administration of INP throughout Indonesia. Further, the program is developing managerial skills for mid-level officers. The program includes a media outreach project to share information with the public and build confidence in the police within the populace.

In conjunction with the State Department Bureau of Diplomatic Security’s Anti-terrorism Training Assistance Program, INL’s Police Assistance Program includes training and technical assistance projects to give INP officers and units enhanced technical and investigative capabilities needed to address specialized crimes and terrorist activities. We have already seen success from our training activities, as Indonesia has arrested over 130 terrorist suspects and successfully prosecuted over 100 terrorists. Our training also provides forensics training and equipment, enabling both enhanced investigations and successful prosecutions. Drug enforcement training and drug forensic training and equipment are also contained within the program to ensure counternarcotics units can recognize illicit narcotics and discover and dismantle illicit drug labs.

There have been several areas of accomplishments of the Indonesia Police Assistance Program, including:

Transition to Democratic Policing

In order to better maximize the delivery and implementation the program concepts, as well as accentuate the INP ownership aspect, the project was modified to become a total train-the-trainer, curriculum and training integration initiative. The INP’s decision to integrate these concepts into the organization’s curricula had helped ensure the principles of democratic policing are being taught throughout the police organization. This project has received consistent support from the heads of the INP, GOI’s National Center for Training and Education and the Human Resources Office. By having INP members provide the training exclusively there is a much greater likelihood individual members will accept and embrace these ideas and a much greater likelihood that the lessons and instruction will be sustainable after our project is completed. However, successes within this project have to be measured incrementally in light of the fact that total organizational transition and transformation will need to continue.

Civil Disturbance Management Project

The measurements of success for the Civil Disturbance Management project include: (1) an increase in the level of public confidence regarding INP performance during civil disturbances; (2) a substantial reduction in the number of civilians and police injured in disorderly or riotous demonstrations; and (3) a reduction in the amount of property loss during demonstrations. As a result of the training, INP personnel have effectively controlled large demonstrations and defused emotional situations to resolve conflicts peacefully. The Indonesian government, the general public, and the NGO community have recognized the success of the program. The program has made a major impact on INP leaders and police in improving their relations with the public. Prior to the training, INP had limited understanding of the concept of conflict avoidance or the continuum of force options.

Instructor Development Workshops (IDW)

This project was designed to strengthen the skills for Indonesian police instructors. Measurements of success for this project include: (1) an increase in the number of instructors who are able to demonstrate their knowledge of and ability to impart adult learning methodologies to students, and (2) to have the graduates of INP Training Schools demonstrate they are routinely performing the tenets of community policing learned in training. Over 249 INP instructors have successfully completed the IDW and have been observed successfully using their new training techniques. However, this encouraging statistic must be tempered by the fact that many instructors within the INP cadre have not yet received training in adult learning methodologies, nor does the INP currently have the requisite in investigations and other specialty areas to replicate qualitative USG provided training and curriculum.

Cyber Crime Project

Indonesia’s law enforcement has been provided with computer forensic capacities through specialized training and equipment donation. This highly successful initiative was developed to prevent, interdict and investigate cyber-crime. Now that the unit is operational, the cyber-crime unit has begun supporting regional requests for computer forensic analysis from other criminal investigatory units, including law enforcement units concentrating on bank fraud, anti-money laundering, and anti-terrorism units. The Cyber Crime Investigation Unit (CCIU) has recently been credited with developing critical evidence in recent high-profile counter-terrorism. INL has also provided funding for the development of the Cyber Crime forensic Laboratory, the Cyber Crime Training Center at Megamandung (CID School) and the Child Exploitation Tracking system.

Marine Police Project

During this period we developed a two-year assistance plan to address and evaluate: Marine Police Headquarters; Marine Police Operational Commands and Units; Marine Police Training Center; and Ports and Waterways Security Stakeholders. A working group consisting of the Department of Justice’s International Criminal Justice Training Assistance Program (ICITAP) and Marine Police representatives was formed to plan an Operational Units Training Needs Survey.

Further, the program worked to coordinate with the Indonesian Maritime Committee Senior Technical Advisor for the National Planning Board for Security and Social Welfare (BAPPENAS). The BAPPENAS is responsible for debating and making recommendations to the national government on issues related to security and social welfare. The Planning Board has worked for over a year on a proposal to reinvent the Coordinating Agency for Maritime Security (BAKORKAMLA), which was created in 1971. On December 29, 2005, the INP signed into effect the restructured Coordinating Agency for Maritime Security, on which the U.S. Embassy in Jakarta collaborated with the GOI to redevelop and actualize.

Additionally, the director of the Marine Police Training Center invited the USG to establish a permanent office at the school, which was done shortly thereafter. Marine Police Training Center instructors consult ICITAP Technical Advisors (TAs) on lesson plan development and instructional techniques. Additionally, ICITAP established the Marine Police Resource Center for training development, which has resulted in the Marine Police developing internal basic and in-service curriculum. ICITAP TAs have completed the entire basic curriculum for Marine Police recruits, and the new curriculum is currently being infused into the basic training program. Commencing in late 2006, all instruction at the Marine Police Training Center will be delivered using lesson plans developed with skills taught by ICITAP. Five classrooms at the Marine Police Training Center were refurbished and outfitted, which significantly improved the teaching and learning and environment for staff and students ICITAP has also delivered Basic Criminal Investigations training to 107 MP officers that has resulted in an increase of over 300 percent in case loads in the last six months, and delivered internationally accepted non-lethal baton techniques training to a cadre of MP baton instructors that has been replicated and delivered to an additional 1,000 MP officers.

Donation and Implementation of Patrol Boats

Following the donation of 15 patrol boats to the Indonesian National Police in January 2008, these boats have been used to make subsequent arrests while on patrol. Recent arrests include one case of illegally harvested fish totaling 9 tons, another of $1 million worth of illegally harvested mangrove timber. Donation of these boats has given INP the capacity to conduct 24/7 patrol operations in areas prone to illegal smuggling.

FY 2009 Program

The FY 2009 Police Assistance Program for Indonesia has three central components—(1) continue capacity building to support the INP Marine Police and Major Criminal Investigations Unit; (2) increasing illicit drug and contraband interdictions; and (3) the completion of the Police Instructor Institute. These are ongoing programs designed to create effective, democratic, civilian-led and skilled law enforcement institutions in Indonesia. The Criminal Justice Sector Reform Program, implemented in FY 2006, will continue to address the prosecutorial and judicial side of law enforcement democratization and reform. The Drug Law Enforcement program will focus on the prevention of the manufacture and shipment of synthetic drugs. Some assistance will be given to combating environmental crimes (e.g., illegal logging), and to maritime and border security management, forensics, and trafficking-in-persons.

Police Assistance Program

Funds will be used for INP technical assistance and training, including INP’s Criminal Investigation Division’s (CID) Major Crimes Unit and the Economic/Special Crimes Unit; equipment donation and technical assistance; training and technical assistance to judges to advance investigations and prosecutions of crimes, and enforcement of environmental laws; a technical advisor to finalize the Police Instructor Institute in preparation for continued INP sustainability and final turnover; and classroom and training equipment such as computers and education materials.

Marine Police Development Program

Funds will be used to continue the development and deployment of the MP Special Boat Unit (SBU); to continue to provide advanced in-service training to commanders, first-line officers, and Marine Police trainers; to teach standard operating procedures; to provide investigative equipment; and to furnish intermittent technical advisors to implement training program addressing the capacity to patrol ports, harbors, and adjacent waterways. If given more FY 2009 funds, will include maritime security training, operational, and infrastructure development support efforts will focus on Central Sulawesi or Maluku islands. This area was chosen based on information received and analysis of transnational crime patterns.

Criminal Justice Sector Reform Program

Funds will be provided to support a Resident Legal Advisor to continue to assist the drafting team of the new criminal procedure code to move the Indonesian criminal justice system to a more adversarial, transparent and evidence-based system that promotes professional investigations involving real police/prosecutor cooperation and undercover investigative techniques, and uses adversarial and evidentiary trial principles that establish the neutrality of the judiciary and the equality of the parties; promote trial advocacy skills for prosecutors; provide substantive knowledge on counterterrorism, corruption, money laundering, cybercrime, witness protection, and trafficking in persons; provide drafting assistance for cybercrime and money laundering legislation; and assisting the Indonesian Attorney General’s Office (AGO) in developing written professional conduct standards for prosecutors.

Counternarcotics Assistance Program

Funds will be used to provide counternarcotics and forensics training, leadership and management training, and instructor training, aimed at halting the flow of illegal drugs; prevent the manufacture and shipment of synthetic drugs through technical assistance on planning and operations, intelligence analysis, tactical instruction, interdiction skills training; to provide equipment such as computers, and software to assist Jakarta narcotics units dismantle narcotics organizations; to offer a Tactical Instructor Program that will train 45 police instructors to teach the principles of tactical operations; and to provide train-the-trainer support to the Interdiction Task Force to address major ports of entry (air and seaport).

Program Development and Support (PD&S)

PD&S funds will cover the salaries, benefits, and allowances of permanently assigned U.S. and foreign national direct-hire and contract personnel, TDY assistance, and other general administrative and operating expenses for program planning, design, implementation, monitoring, and evaluation.

Indonesia
INL BUDGET
($000)


FY 2007
FY 2007
Supp

FY 2008
FY 2009
Law Enforcement Support
3,110
-
3,350
6,600
Criminal Justice Reform Program
515
-
1,500
1,600
Interdiction
475
-
450
400
Program Development and Support

U.S. Personnel
450
-
300
300

Non-U.S. Personnel
40
-
30
30

ICASS Costs
80
-
110
110

Program Support
30
-
410
410

Sub-Total
600
-
850
850
Total

4,700
-
6,150
9,450


Laos

Budget Summary ($000)

FY 2007 Actual

FY 2008 Estimate

FY 2009 Request

900

1,567

1,000

Program Objectives and Performance Indicators

Laos ceases to be a major producer of opium.

Alternative livelihood projects will provide former opium growers throughout Northern Laos the ability to replace income they lost when poppy cultivation ceased. Assistance will be sustained until cultivation is reduced below 1,000 hectares and the reductions become permanent.

The destabilizing effects of illicit trafficking and drug abuse are mitigated to the extent that Laos does not pose a significant transnational crime threat to its neighbors or the region.

Law enforcement projects will assist Laos to develop a deterrent to illicit trafficking organizations at least comparable to other Association of Southeast Asian Nations (ASEAN) nations. Demand reduction projects will focus on developing Laos’ domestic drug treatment capacity so as to bring it on par with regional norms, while simultaneously enhancing the nation’s drug education programs.

Transformational Diplomacy

FY 2009 funds advance the Secretary’s Transformational Diplomacy goals of addressing key remaining challenges to security and law enforcement for this developing country, focusing on narcotics law enforcement, drug demand reduction, and alternative livelihoods.

Program Justification

Laos, until recently the world’s third largest producer of opium, has reduced cultivation to the extent that it is no longer exporting significant quantities of opium. However, these gains remain tenuous, as the majority of former opium growers have yet to receive the alternative development assistance they need to replace the cash income that they lost. In addition, after years of steady declines in opium addiction, the number of addicts has stabilized, and with a steady decline in supply, domestic demand is driving opium prices upward. This is a powerful incentive to former growers to renew production. However, if sufficient alternative development assistance is sustained for the next three to five years, the gains achieved can be made permanent. When opium poppy cultivation in Laos is estimated by the USG as less than 1,000 hectares, the country will be removed from the President’s list of major illicit drug source countries.

Alternative livelihood programs in Laos are reorienting their focus on rapid income substitution and have been restructured to expand their reach into the increasingly remote and dispersed locations where opium is still cultivated. Very limited eradication is employed only in rare cases where alternative development alone has not completely eliminated the problem. Opium demand reduction projects are also being modified to assist the remaining addicts who have proven to be more resistant to effective treatment.

Laos is also a transit route for Burmese drugs going to China, Vietnam, Thailand, Cambodia, and other nations in the region, and is also a conduit for chemical precursors. Laos is increasingly coming under siege by drug traffickers who can easily exploit the country’s vulnerabilities. Law enforcement capabilities in Laos are far below regional standards and under-funded: Laos is earning a reputation within ASEAN as a haven for traffickers. More training, better support, and enhanced international cooperation can help Laos provide an effective deterrent to major trafficking organizations.

INL law enforcement projects address this problem by providing capacity-building training, limited operational support, and specialized police equipment appropriate for the local operational environment.

A consequence of the growth in trafficking in Laos has been an explosion of domestic methamphetamine abuse. In addition, injected heroin has begun to appear in some provinces. The effects of the crime and corruption that have accompanied this epidemic of addiction have made Laos even more vulnerable to traffickers and undermined social development.

In response, INL demand reduction projects support addiction treatment and drug education that will help to bring methamphetamine abuse under control.

Program Accomplishments

Opium crop control in Laos has been an unqualified success, producing a 97.4 percent decline in cultivation from program inception in 1989, and a parallel reduction in opium gum production. More than 41,000 hectares have been taken out of cultivation. Only the failure to follow these programs through to completion could threaten this success.

Both the Vientiane DEA country office and the Narcotics Affairs Section have noted a significant improvement in law enforcement cooperation in FY 2008.

FY 2009 Program

The FY 2009 program has three major components:

Alternative Development/Crop Control

FY 2009 funds continue to assist the Government of Laos (GOL) to provide scores of former opium growing villages in Northern Laos with licit crop and livestock alternatives to poppy cultivation, a tactic that has proven to be highly successful. FY 2009 funding will attempt to prevent loss of the gains made in previous years.

Narcotics Law Enforcement Assistance

FY 2009 funds will continue to provide limited operational assistance, training, and modest equipment enhancements to Lao counter drug agencies including the Customs Department. Projects will focus on critical border regions where the flow of methamphetamine and heroin into Laos (primarily from Burma) is the worst, but also where it can most easily be interdicted.

Drug Awareness/Demand Reduction

FY 2009 funds will be used for the support of drug treatment centers nationwide, with a special emphasis on building staff capacity, enhancing vocational training opportunities, and improving center habitability. In addition, limited support will be provided for drug-awareness outreach.

Program Development and Support (PD&S)

PD&S funds will cover the salaries, benefits, and allowances of permanently assigned U.S. and foreign national direct-hire and contract personnel, TDY assistance, and other general administrative and operating expenses for program planning, design, implementation, monitoring, and evaluation.

Laos
INL BUDGET
($000)


FY 2007
FY 2007
Supp

FY 2008
FY 2009
Narcotics Law Enforcement
100
-
300
300
Crop Control/Alternative Development
189
-
500
100
Drug Awareness/Demand Reduction
100
-
100
100
Program Development and Support

U.S. Personnel
270
-
375
255

Non-U.S. Personnel
50
-
38
50

ICASS Costs
140
-
162
160

Program Support
51
-
92
35

Sub-Total
511
-
667
500
Total

900
-
1,567
1,000


Malaysia

Budget Summary ($000)

FY 2007 Actual

FY 2008 Estimate

FY 2009 Request

---

---

400

Program Objectives and Performance Indicators

Strengthen the Government of Malaysia’s (GOM) capacity to successfully address transnational organized crime.

Improved police-prosecutorial working relationships will be demonstrated through the establishment of joint task forces leading to successful case collaboration; increased capacity building among foreign border and customs officials, investigators, law enforcement officials, prosecutors, and judges to detect, investigate, prosecute and prevent these crimes; an increase in the number of successful investigations and prosecutions of terrorist financing and money laundering cases; as well as the number of jurisdictions in compliance with international anti-money laundering standards.

Develop an effective civilian-led police force in Malaysia.

Training and technical assistance will lead to the development of management, leadership and executive strategic planning skills among senior ranks of the Malaysian Police. Training and technical assistance provided to the rank and file members will help improve the police’s criminal investigative skill, promote integrity and instill a sense of professionalism in the force.

Transformational Diplomacy

FY 2009 funds advance the Secretary’s Transformational Diplomacy goals of addressing key challenges to security and law enforcement in Malaysia by supporting the strategic U.S.-Malaysian partnership by addressing security, counterterrorism, weapons of mass destruction and counternarcotics efforts. The program will focus on law enforcement restructuring, reform and operations, as well as strengthening the government’s capabilities in the fight against organized crime and terrorism..

Program Justification

Financial crime, terrorist financing, and money laundering pose a significant national security threat not only to the United States, but also globally. These activities have the power to corrupt officials, distort economies, undermine the integrity of financial systems, and destabilize governments. Criminals seek to access the financial systems of countries to fund their operations and launder funds stemming from a variety of illegal activities, including drug trafficking, corruption, arms trafficking, theft of state assets, and a variety of other financial crimes.

Malaysia’s financial sectors are vulnerable to abuse by narcotics traffickers, financiers of terrorism, and criminal elements. Malaysia’s relatively lax customs inspection at ports of entry and free trade zones, and its offshore financial services center serve to increase its vulnerability. Though the GOM as part of Association of Southeast Asian Nations (ASEAN) has established a “drug-free by 2015” policy, and cooperation with the U.S. on combating drug trafficking is excellent, Malaysia’s proximity to the heroin production areas and methamphetamine labs of the Golden Triangle leads to smuggling across Malaysian borders, destined for Australia and other markets.

Enhancing the capacities of the law enforcement and criminal justice systems remains a top priority and is central to strengthening security. Malaysian law enforcement could benefit from an increase in resources and professionalism. Problems in the broader Malaysian criminal justice system that provide fertile ground for transnational criminal activity and terrorism need to be addressed by a long-term, comprehensive program of training and technical assistance in areas such as drafting laws, rules and regulations concerning criminal law and procedure; developing sustainable training programs; facilitating interagency and police-prosecutor cooperation; devising judicial administration and case management systems; and developing task force capability.

Program Accomplishments

INL has provided limited assistance for Malaysia in the past. U.S. counternarcotics training continued in 2006 via the International Law Enforcement Academy in Bangkok and the “Baker-Mint” program sponsored by the U.S. Department of Defense. Baker-Mint aims to raise the operational skill level of local counternarcotics law enforcement officers. In September 2006, U.S. officials from the Department of Justice, DEA, and FBI presented a training workshop for Malaysian prosecutors on conspiracy prosecutions in an effort to enhance Malaysia’s utilization of existing laws as a deterrent to organized crime.

FY 2009 Program

Law Enforcement Assistance

Funds will be used to assist Malaysia achieve sustainable improvements in the capacity of law enforcement institutions to combat illicit activities such as illegal migration and trafficking in persons, narcotics and other contraband; and to combat money laundering and terrorist financing. Assistance will develop long-term and sustainable civilian law enforcement capacity, improve police-prosecutorial cooperation, and support the GOM’s efforts to strengthen respect for the rule of law. Funds will provide for training and technical assistance, with an emphasis on “train-the-trainer” courses.

Malaysia
INL BUDGET
($000)



FY 2007
FY 2007 Supp
FY 2008
FY 2009

Law Enforcement Reform

-
-
-
400
Total

-
-
-

400



Mongolia

Budget Summary ($000)

FY 2007 Actual

FY 2008 Estimate

FY 2009 Request

---

---

420

Program Objectives and Performance Indicators

The Government of Mongolia (GOM) will enhance the effectiveness of its civilian-led police force:

Training and technical assistance will lead to the development of management, leadership and executive strategic planning skills among senior ranks of the Mongolian National Police, and improved criminal investigative skills among the rank and file. At all levels, it will promote integrity and professionalism. INL will work with U.S. law enforcement agencies to develop and implement a strategic policing reform plan.

The Mongolian criminal justice system will be strengthened and modernized toward greater impartiality, efficiency, and transparency.

Assistance will concentrate on conducting criminal investigations, combating financial crimes and counterfeiting, anti-smuggling, forensics, and professionalism. The program will promote better cooperation between police and prosecutors.

Transformational Diplomacy

Mongolia faces many development challenges in its transition to democracy and a market-oriented economy. Mongolia’s continued democratic and economic success hinges on its ability to manage a series of “good governance” issues, including establishment of greater accountability, transparency and anti-corruption measures. Rule of law reform is absolutely critical. In addition, Mongolia must also be able to protect and maintain its own borders and cooperate with its neighbors and regional partners to combat transnational crime and terrorism. The proposed INL programs will support transformational diplomacy in many of these areas, especially policing reform and anti-corruption.

Program Justification

Mongolia’s long unprotected borders with Russia and China are vulnerable to all types of illegal trade, including drug trafficking. Most smuggled drugs come from China. Border controls are very weak, and this is a GOM priority. U.S.-sponsored projects to promote cooperation among security forces and training are helping, but GOM security and border forces lack both the resources and technical capacity to combat smuggling. Likewise, police and prosecutors lack the capacity to investigate and prosecute transnational crime. Widespread corruption within the law enforcement agencies, the procuracy, and the judiciary as well as other parts of government further hinder GOM efforts. The weakness of the legal system and financial structures and the absence of anti-money laundering and anti-terrorist financing legislation leave Mongolia vulnerable to exploitation by drug traffickers and international criminal organizations, particularly those operating in China and Russia.

U.S. law enforcement assistance will focus on fostering the development of an impartial, efficient, and transparent law enforcement system. This year’s assistance will concentrate on: conducting criminal investigations, combating financial crimes, interdicting illegal narcotics, and improving professionalism. Training in forensics and evidence gathering will bolster Mongolia’s ability to conduct transparent criminal investigations. To aid Mongolia in inhibiting the use of its financial systems by terrorists and organized crime, the U.S. will provide supplemental training in detecting counterfeit currency and money laundering. The U.S. will also be used to send send selected Mongolian law enforcement officers for advanced professional training at the International Law Enforcement Academy (ILEA) in Budapest to increase the knowledge and professionalism of Mongolian law enforcement organizations.

Program Accomplishments

U.S. government assistance in the past has been largely limited to some international visitor programs on transnational crime and counternarcotics and limited training by U.S. law enforcement agencies. A more robust program is clearly needed.

FY 2009 Program

The two major components to the FY 2009 program are Law Enforcement Support and Administration of Justice. FY 2009 funds will be used to develop long-term and sustainable civilian law enforcement capacity, improve police-prosecutorial cooperation, and support GOM efforts to strengthen respect for the rule of law.

Law Enforcement Support

Training and technical assistance provided to mid-level and senior managers will focus on sound management practices, strategic planning, promoting modern, civilian law enforcement practices through training of trainers, strategic planning, and combating corruption. Assistance to the rank and file members will help improve their criminal investigative skills, promote integrity and instill a sense of professionalism in the force. Selected Mongolian law enforcement officers will be sent for advanced professional training at the ILEA in Budapest. INL will work with U.S. law enforcement agencies to develop and implement a strategic policing reform plan.

Administration of Justice

The effectiveness of law enforcement’s working relationship with the prosecutors continues to be an important component of this program. The FY 2009 program is designed to improve police-prosecutor cooperation to better manage crime scenes, preserve evidence and bring criminals to justice. Assistance will concentrate on: conducting criminal investigations, combating financial crimes, interdicting illegal narcotics, and improving professionalism. Training in forensics and evidence gathering will bolster Mongolia’s ability to conduct transparent criminal investigations. An additional goal will be to improve police-prosecutorial working relationships and successful case collaboration. To aid Mongolia in inhibiting the use of its financial systems by terrorists and organized crime, and building on its membership in the Asia-Pacific Group on Money Laundering, the U.S. will provide supplemental training in detecting counterfeit currency and money laundering. U.S. anti-corruption assistance will focus on education and civil society and development of new anti-corruption laws.

Mongolia
INL BUDGET
($000)


FY 2007
FY 2007
Supp

FY 2008
FY 2009
Police Assistance Programs
-
-
-
200
Financial Crimes
-
-
-
20
Anti-Corruption/Procuracy Assistance
-
-
-
200
Total

-
-
-
420


Philippines

Budget Summary ($000)

FY 2007 Actual

FY 2008 Estimate

FY 2009 Request

1,900

794

1,150

Program Objectives and Performance Indicators

The Government of the Republic of the Philippines (GRP) will develop an effective civilian-led police force.

Training and technical assistance will lead to the development of management, leadership and executive strategic planning skills among senior ranks of the Philippine National Police (PNP). Training and technical assistance provided to the rank and file members will help improve the PNP’s criminal investigative skill, promote integrity and instill a sense of professionalism in the force.

The Philippine criminal justice system will be strengthened to successfully address transnational organized crime.

Improved police-prosecutorial working relationships will be demonstrated through the establishment of joint task forces leading to successful case collaboration. Increase prosecutorial and judicial skill at handling complex criminal cases (including forensic evidence), transparency vis-à-vis the community, rule of law, and ethics training.

Transformational Diplomacy

FY 2009 funds will further the Secretary’s Transformational Diplomacy objectives for this developing state. The INL programs are focused on building the country’s law enforcement community capacity and capabilities and to achieve its organizational transformation goals, and building the justice system to better and more transparently try criminal cases.

Program Justification

The Philippines, a Major Non-NATO Ally that straddles important air and sea lanes, is one of the region’s most important partners in the Global War on Terror. Enhancing the capacities of the law enforcement and criminal justice systems remains a top priority and is central to strengthening mutual security.

Philippine law enforcement suffers from a lack of resources and professionalism, low capacity and ineffectiveness, corruption, and widespread behavior inconsistent with the rule of law. The result is a criminal justice system with minimal legitimacy that paves the way for the excesses of local political strongmen, former separatists-turned-bandits, traditional warlords, and militias.

Problems in the broader Philippine criminal justice system that provide fertile ground for transnational criminal activity and terrorism need to be addressed by a long-term, comprehensive program of training and technical assistance in areas such as drafting laws, rules and regulations concerning criminal law and procedure; developing sustainable training programs; facilitating interagency and police-prosecutor cooperation; devising judicial administration and case management systems; and developing task force capability.

During FY 2005, a USG Interagency team conducted a larger assessment of the PNP to determine overall capacity and organizational effectiveness. The assessment identified similar deficiencies articulated in the FY 2003 assessment, but also pinpointed weakness in the areas of budget, internal affairs, training, prison management and the general absence of links between police and prosecutors.

Cooperation received from the PNP leadership and INL program momentum and successes realized to date in the challenging southern area of the Philippines have now expanded into a more far reaching program of institutional development of both the PNP at the central level and the Philippine criminal justice system. A comprehensive assistance program is necessary to achieve long-term and sustainable results. Addressing PNP’s weaknesses at the central level will maximize efforts undertaken in the southern Philippines. The program will further enable the PNP to increase its competencies and capabilities in order to become a fully functional partner with other entities of the Philippine criminal justice system, and a stronger and effective partner with other international law enforcement entities, particularly U.S. law enforcement agencies.

In 2008, assistance was given to PNP on the development of model police stations. The aim has been to assist them with the establishment of ten model stations spread throughout the country. As each station meets defined criteria, it has received a certificate of verification from U.S. Embassy Manila, signifying it has achieved certain training, policy implementation, and operational practice standards.

Building on this project, over the course of 2009 it is expected that USG sponsored training and advisement activities will be delivered to strategic and unsettled population centers in the southern Philippines, and will cover a broad spectrum of topics, from fundamental courses concerned with human rights, rule of law issues and civil disturbance management to more advanced topics such as strategic planning, crime analysis, critical incident response, and financial planning. Courses will include elements addressing extra-judicial killings and witness protection.

Program Accomplishments

In September 2003, a law enforcement training and technical assistance program was launched to focus primarily on Basilan and the Autonomous Region of Muslim Mindanao (ARMM), based on the assessment conducted by INL, ICITAP and OPDAT. The program focused primarily on the delivery of training courses in fundamental police tasks. Emphasis was also placed on providing training in the areas of contemporary police supervision.

A significant element of all the training provided has been an intensive instructor development component aimed at creating “train-the-trainer” capabilities that will strengthen institutional capacities through replication and sustainability. Lesson plans used for all of the courses were provided to the PNP and graduates of the instructor development courses were subsequently used to deliver the courses. The PNP has adopted the course lesson plans and integrated them into their existing investigative training curricula. This will guarantee the perpetuation of the skills as they are taught to future classes.

The Public Relations and Media Course presented to PNP commanders has become a requisite training course for all graduates of the PNP Academy before they are assigned to the field. To date, over 300 personnel have attended this course. This training has resulted in a more professional interaction between the PNP commanders and the media. Previously, many commanders simply refused to speak to the press or avoided attempting to develop a working relationship. This training has had a positive impact on the development of improved media relations.

The USG funded Crime Scene Courses have trained and equipped nearly 200 criminal investigators in the identification, preservation and collection of crime scene evidence. These investigators have returned to their respective station houses to utilize these skills to help investigate and solve a wide variety of crimes. These lesson plans have also been adopted by the PNP and made a permanent part of the PNP’s investigative training curricula.

In November 2006, a two-week Crime Scene Specialist course was delivered in Zamboanga, producing 29 graduates. The PNP has conscientiously employed these graduates at high-profile crime scenes in Zamboanga and Jolo, and they were responsible for collecting evidence that led to the identification of the remains of Kadaffy Janjalani, and Abu Sulaiman, both on the FBI’s Most Wanted Terrorist list. Assistance to the PNP Region IX Crime Laboratory was provided with the development of additional training materials. In January 2007, the lab trained 23 police first responders with a one-week course of instruction on basic crime scene protection and evidence collection. Over the months of February – March 2007, the lab is scheduled to train approximately 250 additional first responder personnel from outside PNP on the importance of crime scene preservation, through a two-day training course.

Starting February 18, 2008, two New Zealand Federal Police officers were assigned by the New Zealand Embassy in Manila to assist the USG staff in the delivery of the INCLE funded training program for PNP officers. The New Zealand trainers are assisting the USG in the delivery of training at the Baguio model police station. Although the U.S. Mission in the Philippines maintains a close working relationship with numerous other foreign donors in the Philippines, this is the first time that foreign police trainers have been directly assigned to the USG effort to assist in the delivery of training. With the help of the New Zealand officers, the INL plans to deliver via its implementers a series of five courses leading to tier one certification for the Baguio model police station.

Overall to date, approximately two thousand police officers and supervisors have been trained by the USG in the various courses offered. Students have included members of the PNP Criminal Investigation Unit, Forensics Unit, Crime Laboratory Unit, Special Action Force (Special Forces), Maritime Group, Airport Security Group, Public Safety College Staff, and Regional Academy Staff of the PNP.

FY 2009 Program

The two major components to the FY 2009 program are Law Enforcement Support and Administration of Justice. FY 2009 funds will be used to continue to develop long-term and sustainable civilian law enforcement capacity, improve police-prosecutorial cooperation, and support GRP efforts to strengthen respect for the rule of law.

Law Enforcement Support

FY 2009 program will focus on providing resident technical advisors and training programs for targeted groups of law enforcement officers, prosecutors and jurists. Programs to improve the quality and transparency of civilian rule of law through assisting the PNP with strategic planning, competency-building, and sustainable training programs of PNP personnel will continue.

Administration of Justice

The effectiveness of law enforcement’s working relationship with the prosecutors continues to be an important component of this program. The FY 2009 program is designed to improve police-prosecutor cooperation to better manage crime scenes, preserve evidence and bring criminals to justice. The strengthening of the working relationship between police and prosecutors through the implementation of policies and procedures — will require the police to consult with prosecutors during investigations – will further establish corruption-fighting mechanisms and initiate improvements in judicial administration and criminal case management. Funding will used to provide technical assistance and training.

Philippines
INL BUDGET
($000)



FY 2007
FY 2007 Supp
FY 2008
FY 2009
Law Enforcement Support
1,500
-
600
550
Administration of Justice
300
-
194
600
Counternarcotics
100
-
-
-
Total
1,900
-
794
1,150


Thailand

Budget Summary ($000)

FY 2007 Actual

FY 2008 Estimate

FY 2009 Request

900

1,686

1,400


Program Objectives and Performance Indicators

Build regional law enforcement capacity through comprehensive skill-building training for police and other law enforcement personnel. Build cooperation between law enforcement and prosecutors. Enhance regional law enforcement cooperation and produce more effective coordination among countries in the region on efforts to prevent transnational crime, including drug trafficking, intellectual property rights (IPR) violations, money laundering, terrorism, trafficking in persons, and other crimes.

Improve the Royal Thai Government’s (RTG) law enforcement ability to govern its institutions, build capacity and capability and manage change to international standards, with advice and coaching by a senior law enforcement advisor, who will conduct bilateral programs of technical assistance and supervisory training using U.S. and regional experts. Build Royal Thai Police and Ministry of Justice forensic science crime solving capabilities, which are also directly applicable to successfully combating terrorist activity.

Promote the integrity of and improve the effectiveness, fairness, accountability and transparency of the Thai judicial system through training, seminars and conferences with internationally renowned jurists and scholars. Build cooperation between prosecutors and law enforcement.

Heighten respect for the rule of law and due process, as well as urge timely and committed investigation of extra-judicial killings or other abuses in measures to suppress drug trafficking. Promote professional expertise and experience of U.S. enforcement and criminal justice institutions among Thai legislators, political and opinion leaders, and criminal justice system practitioners. Promote public ethics, transparency and internal oversight to enable RTG institutions within the justice system to reduce tolerance for public corruption and to investigate and prosecute public corruption cases.

Promote Thai criminal laws that facilitate investigation and prosecution of corruption cases. Deliver comprehensive training programs of comparative ethics for members of the judiciary, lawyers and prosecutors in order to prevent, identify and punish public corruption, and to promote integrity among public officials.

Transformational Diplomacy

FY 2009 funds advance the Secretary’s Transformational Diplomacy goals of addressing key remaining challenges to security and law enforcement for this developing country, focusing on Law Enforcement Restructuring, Reform and Operations and on the Rule of Law.

Program Justification

Thailand is victim to a variety of transnational crimes conducted by criminal organizations, including trafficking in narcotics, weapons and persons. The country has achieved significant success in its comprehensive, long-term strategies against illegal drug abuse, trafficking, and production; however, its criminal laws, criminal justice institutions, and regulatory and investigative capabilities require improvement in order to respond more effectively to transnational and organized crime in the 21st century. The corrosive effects of public corruption further impair effective RTG response to these threats.

The RTG considers illegal drug trafficking and abuse as one of its most serious national security problems. The use of amphetamine-type stimulants (ATS) creates serious public health and social problems, and requires modification and expansion of demand reduction programs that were originally tailored for heroin abuse. A national campaign in 2003 to suppress the drug trade had some success, but was also criticized for serious human rights abuses. Thailand has been a leader in programs for prevention and treatment of drug abuse. Its effort to reduce and eliminate opium poppy cultivation and heroin production is one of the most successful in the world. U.S. Department of State drug control assistance to Thailand dates to the 1970’s, but is being gradually phased out in recognition of the success against opium production and in response to evolving patterns of international drug smuggling. After decades on the list of Major Narcotics Producing and Trafficking Countries, Thailand was removed from the list in September 2004.

The RTG is making a systematic effort to review its criminal justice system and to develop and implement new or modified substantive and procedural criminal laws, procedures and practices that respond appropriately to organized and transnational crime, and implement obligations of the 1988 UN Convention Against Illicit Drug Trafficking, the 2000 Convention Against Transnational Organized Crime (TOC), and the 2003 Convention Against Corruption.

Thailand is a regional leader in international cooperation against drugs and transnational crime. It has agreements for cooperation with the United States, its neighbors and others, and takes a leading role in regional and multilateral drug and crime control organizations. Under a bilateral agreement concluded in 1998, the RTG and USG jointly operate the International Law Enforcement Academy (ILEA) in Bangkok, which has thus far provided training to 4,500 law enforcement officials from Southeast Asia and China.

As traditional forms of U.S. Department of State counternarcotics assistance are eliminated, “value-added” assistance by the United States in fighting corruption and other areas will remain crucial elements in Thailand’s efforts to reform and modernize law enforcement institutions.

Program Accomplishments

Despite the political uncertainties caused by the September 2006 coup, INL-funded programs have supported a wide range of activities that have resulted in tangible accomplishments. Thailand’s evolution from a major source country for opium to a net importer of heroin constitutes a significant strategic success and was a factor in removing Thailand from the list of major narcotics producing or trafficking countries in 2004.

With U.S. support and encouragement, Thailand is in the process of amending many of its basic narcotics and other substantive and procedural criminal laws. During 2006, Thailand continued to employ legal authorities authorizing use of wiretap evidence in drug investigations and allowing reduction of sentences for convicted drug offenders who cooperate with prosecutors and investigators. Legislation on plea-bargaining in criminal cases, controlled deliveries, establishment of a witness protection program and other improvements in substantive and procedural criminal law remain under active discussion and consideration by various Thai legal institutions and the Parliament. Thailand is a signatory to both the UN Convention Against Corruption and the Suppression of the Financing of Terrorism Convention. The Thai Criminal Law Institute expanded its ongoing review of criminal laws to include the Convention Against Corruption.

INL-funded programs contributed materially to Thai law enforcement agencies’ ability to conduct investigations by providing equipment, training and institutional building blocks that expand Thai counternarcotics professionalism. However, in 2003 INL suspended most forms of counternarcotics assistance and training to the Thai Provincial Police due to reports of police involvement in unexplained killings of drug suspects during the government’s anti-drug campaign. That suspension remains in place pending investigations of the killings, including prosecution of anyone found responsible for wrongful extra-judicial killings. (No FY 2007 funds were provided to Provincial Police absent such investigations; law enforcement funding will support counternarcotics assistance to other Thai law enforcement agencies.)

Thailand continues to play a leading regional role in counternarcotics and fighting other transnational criminal threats. The RTG has cooperated with China, Burma, and other nations on significant drug investigations, resulting in numerous seizures of significant quantities of heroin and methamphetamine tablets. Thailand participated in several regional conferences on the suppression of precursor chemicals in 2005. Thailand has encouraged China and India to take stronger action to prevent the diversion of precursor chemicals used to manufacture methamphetamine. Thailand increased counternarcotics cooperation with Burma, and continued its pilot alternative development projects in Burma, based on its own successful experience. Thailand plays a leading role in the UN-sponsored ACCORD plan of action designed to promote regional cooperation on drug and crime control efforts. Thailand also continued to demonstrate regional and international leadership in law enforcement affairs. With INL support, the RTG-affiliated Royal Projects Foundation began in 2005 to provide alternative crop development assistance to Burma and Afghanistan, and is looking at assisting Colombia.

Thailand's regional efforts at border interdiction and law enforcement coordination include improved policing of the Thai-Lao borders in the north and northeast regions of the country. Markedly improved cross-border operational communications along the Mekong River has developed within the past year, fostered in part by the inauguration of scheduled joint Lao-Thai river patrols using U.S. Government-purchased boats and other non-lethal equipment. Lao and Thai border law enforcement authorities now benefit from improved contacts and better communications tools, including cellular telephones and handheld radios that facilitate cross-border operational communications.

FY 2009 Program

The FY 2009 program consists of two major components.

Law Enforcement Support

Funds will continue to support a Senior Law Enforcement Advisor, to provide the RTP and other law enforcement agencies with advice and guidance on governance, capacity and capability building, and managing organizational change to meet international standards. FY 2009 funding may be used to offer training courses and technical assistance with organizational development by U.S. federal law enforcement agencies.

FY 2009 funds will help build subregional multilateral projects with the Thai and neighboring countries, build capacity for dealing with new cross-border threats resulting from liberalized regional trade and globalization, and continue support for projects like the Thai-Lao joint cooperation to interdict narcotics trafficking along the Mekong River. The nearly completed north-south highway connecting Thailand to China, and the nearly completed east-west highway connecting Thailand with Vietnam via Laos will raise exponentially the volume of licit and illicit trafficking in goods and services as well as migration, thus posing threats as well as benefits to Thailand and neighboring nations.

Resident Legal Advisor

With FY 2009 funds, the Resident Legal Advisor program will continue projects designed to further support RTG efforts to fight corruption within the criminal justice system—particularly within the judiciary—by developing and conducting seminars and workshops throughout Thailand for sitting judges, prosecutors and public/private attorneys, as well as funding training visits by U.S. judicial experts. Specific goals are to improve understanding of comparative ethics regimes, encourage development of solutions to judicial misconduct and improve professional ethics education and training in Thai judicial institutions as these institutions evolve following the September 2006 coup.

Expansion and refinement of regional programs at ILEA Bangkok will continue, as well as development of bilateral programs to Thai law enforcement agencies that will both further U.S. interests in combating transnational criminal activity as well as threats to Thai security that are posed by the continuing terrorist incidents in southern provinces.

Program Development and Support (PD&S)

Funds will cover salaries, benefits, allowances, and travel of direct hire and contract U.S. and foreign national personnel, International Cooperative Administrative Support Services (ICASS) costs and other general administrative and operating expenses for law enforcement, judicial assistance, counternarcotics and anticrime training program planning, design, implementation, monitoring, and evaluation.

Thailand
INL BUDGET
($000)


FY 2007FY 2007
Supp
FY 2008FY 2009
Law Enforcement Support
-
-
450
405
Resident Legal Advisor
214
-
550
405
Program Development and Support

U.S. Personnel
400
-
400
300

Non-U.S. Personnel
100
-
100
100

ICASS Costs
100
-
100
100

Program Support
86
-
86
90

Sub-Total
686
-
686
590
Total

900
-
1,686
1,400


Timor-Leste

Budget Summary ($000)

FY 2007 Actual

FY 2008 Estimate

FY 2009 Request

---

20

1,010

Program Objectives and Performance Indicators

The Government of East Timor (GOET) will develop an effective civilian-led national police service (PNTL) that is effective in enforcing law and order, promotes peace and stability within the country, is professional, and respects human rights.

Organizational management reform, curriculum reform, training and technical assistance will lead to the development of management, leadership and executive strategic planning skills among senior ranks of the PNTL. Training and technical assistance provided to the rank and file members to build the PNTL’s criminal investigative skill, promote integrity and instill a sense of professionalism in the force. Coordination between the PNTL Professional Ethics Office, the Ministry of Interior’s Office of the Inspector, and the GOET’s Office of the Inspector General is firmly established. Allegations of police misconduct are promptly investigated and adjudicated.

 Transformational Diplomacy

FY 2009 funds advances the Secretary’s Transformational Diplomacy goals of addressing key challenges to security and law enforcement for this developing country, focusing on Law Enforcement Restructuring, Reform and Operations and Rule of Law.

Program Justification

East Timor is a small and relatively newly independent nation whose government and people are eager for a close relationship with the United States. East Timor views the United States as an honest broker that can be trusted to balance the competing interests of other countries which, for reasons of history or geography, seek to influence the country politically and economically. Even more important, most Timorese leaders and citizens want for themselves, the region, and the world the same things Americans want: freedom, democracy, security, economic opportunity and stability.

East Timor has the potential to serve not only as a powerful advocate for the values it shares with the United States, but also as living proof that these values are just as important for developing nations as they are for the rest of the world. East Timor’s potential will not be fulfilled, however, unless the Timorese state can continue to develop its capacity to govern effectively, to expand economically, to maintain law and order, to defend its borders, and to do all these things in ways that protect and promote human rights.

Although it is at peace with its large neighbors, Australia and Indonesia, East Timor continues to face threats to its peace and security. INL programs that provide training and support to the country’s police will help East Timor manage these threats.

Program Accomplishments

Due to the civil upheaval in 2006, assistance was put on hold and the INL-funded program manager’s contract was not renewed. The U.S. and Australia are looking at how to coordinate assistance for FY 2009.

FY 2009 Program

FY 2009 funds will be used to deploy a resident legal advisor who will assist the GOET in developing regulations and updating its criminal procedure codes to international standards. Funds will be used to assist the GOET develop the PNTL, focusing on organizational management, curriculum development, training and technical assistance that will lead to the development of management, leadership and executive strategic planning skills among senior ranks of the PNTL. Training and technical assistance will be provided to the rank and file members to build the PNTL’s criminal investigative skill, promote integrity and instill a sense of professionalism in the force. These are necessary building blocks to create law enforcement capabilities necessary to preserve public order while respecting human rights and protect East Timor's borders. United States police assistance programs will be an important element in the process of ensuring that the fledgling PNTL becomes a professional force that will deal effectively with crimes while respecting the rights of citizens and dealing promptly and effectively with police misconduct, particularly when such misconduct violates human rights.

Timor-Leste
INL BUDGET
($000)


FY 2007
FY 2007
Supp

FY 2008
FY 2009
Law Enforcement Reform
-
-
-
390
Prosecutorial Assistance
-
-
-
600
Program Development and Support
-
-
-
-

U.S. Personnel
-
-
-
-

Non-U.S. Personnel
-
-
-
-

ICASS Costs
-
-
-
-

Program Support
-
-
20
20

Sub-Total
-
-
20
20
Total

-
-
20
1,010


Vietnam

Budget Summary ($000)

FY 2007 Actual

FY 2008 Estimate

FY 2009 Request

---

---

200

Program Objectives and Performance Indicators

The Government of Vietnam (GVN) will strengthen its abilities to improve border security.

Training and technical assistance will focus on the interception of contraband at border points and to create highly specialized contraband enforcement teams to enforce restrictions on international passengers and cargo.

The GVN will improve its abilities to restrict the contraception of narcotics.

Basic training and technical assistance in counternarcotics will advance Vietnam’s narcotics interdiction capabilities.

Transformational Diplomacy

FY 2009 funds for a counternarcotics program in Vietnam will continue to support and further the Secretary’s Transformational Diplomacy goals for this developing state. Funding a border control program will benefit not only the GVN, but the surrounding countries and U.S. national security interests in denying safe havens and transit routes for terrorists and traffickers in illicit goods and in persons.

Program Justification

Vietnam is located close to drug-producing countries and has limited capacity to combat drug trafficking. Therefore, Vietnamese border security plays an integral part in U.S. efforts to thwart traffickers in illicit goods and in persons. The vulnerability and lack of trained law enforcement officers make this a threat in the region. The GVN recognizes the need for assistance to improve its law enforcement’s capacity to control its borders and intercept narcotics and other contraband. Since the signed a Letter of Agreement (LOA) by the GVN in 2003, the USG has focused on providing assistance to improve the effectiveness of Vietnam’s counternarcotics efforts. Therefore, U.S. Customs and Border Protection (CBP) provided a Contraband Enforcement Team (CET) to design training, customized for the international airport environment, to be delivered in three phases.

During Phase I, five Vietnamese officers from border control and civil aviation security agencies traveled to the U.S. to observe a successful CET team in an airport operational environment. In Phase II, three Control Border Protection (CBP) officers comprised an airport CET training team delivered a specialized course in Hanoi to 24 officers from 3 major geographic regions in Vietnam. For Phase III, one CET international instructor remained in Vietnam for three additional days to reinforce lessons learned during Phase II in an airport operational environment. In 2004, a country assessment was conducted and Post recommended additional training. The plan included training and equipment deliveries over the medium term. Training will consist of three additional iterations of CET training for seaport officers in Haiphong, DaNang, and Ho Chi Minh City. The program will include appropriate equipment, such as basic inspection tools and test kits, to support program objectives.

Program Accomplishments

INL received Asia Regional funds in FY 2004 to support the Contraband Enforcement Team training conducted by CBP focusing on interception of contraband at border points and basic and targeted DEA counternarcotics training to improve Vietnam’s narcotics interdiction capabilities.

FY 2009 Program

The major components to the FY 2009 program are counternarcotics training with the U.S. DEA and CBP. The bilateral FY 2009 funds will be used to continue training that focus on interception of contraband at border points and training to improve Vietnam’s narcotics interdiction capabilities.

Vietnam
INL BUDGET
($000)



FY 2007
FY 2007 Supp
FY 2008
FY 2009
Narcotics Law Enforcement
-
-
-
200
Total

-
-
-
200


East Asia and Pacific Regional

Budget Summary ($000)

FY 2007 Actual

FY 2008 Estimate

FY 2009 Request

---

---

300

Program Objectives and Performance Indicators

The U.S.-Association of Southeast Asian Nations (ASEAN) partnership will collaborate on developing a regionally coordinated trafficking interdiction strategy and operations for member nations to meet ASEAN’s goal of becoming drug-free by 2015.

The U.S. will fund development of an implementation strategy, based on the 2007 UNODC study of illicit synthetic drug trafficking, which documented the degree and growth of non-opiate illicit drugs, their production methods and sites, distribution channels, and consumption. The ASEAN Secretariat and ASEAN member countries in conjunction with the U.S. will then use the recommendations in the study to coordinate sub-regional efforts and assistance. USG assistance will include participating in the provision of assistance and training. Training and technical assistance will lead to the development of management, leadership and operational capabilities along the Mekong River, the China-Thailand Highway, and the Thailand-Vietnam Highway, as well as sea lane and air traffic in Maritime South East Asia.

Transformational Diplomacy

Funds will be used to advance border security and counternarcotics coordination and operations for ASEAN-member developing and transforming countries.

Program Justification

The United States and ASEAN have formed a partnership to address common issues. At the ministerial in 2006, the U.S. Secretary of State committed the USG to assisting ASEAN in its goal to become drug-free by 2015.

Program Accomplishments

This program is new. The USG has contacted the ASEAN Secretariat to propose the funding of the UNODC study, and expects to follow up with assistance and training coordinated with ASEAN members countries to implement the study’s recommendations.

FY 2009 Program

The major component to the FY 2009 program will be developing an implementation strategy based on the the UNODC study as studied by the ASEAN member states’ Heads of Law Enforcement Agencies.

East Asia Pacific Regional
INL BUDGET
($000)

FY 2007
FY 2007 Supp
FY 2008
FY 2009
Interdiction
-
-
-
285
Program Support (Narcotics)
-
-
-
15
Total

-
-
-
300



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