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U.S. Department of State

Diplomacy in Action

14. International Crime


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Over the course of FY '01, the Department determined that the clarity and focus of planning for programs in support of this Strategic Goal could be improved by reducing from nine to two the number of Performance Goals listed in the FY '01-02 Performance Plan.  It was also determined that the two Outcomes Desired more accurately functioned as these two Performance Goals.  Finally, it was decided that the nine original Performance Goals should be included as part of the Strategy and Tactics for reaching these goals.  Accordingly, the two revised Performance Goals for minimizing the impact of international crime on the United States and its citizens are:  1) Improved law enforcement and criminal justice institutions in targeted countries and 2) Strengthened international cooperation against transnational organized crime.   The following reflects that revision.

International crime poses a serious threat to Americans at home and abroad.  Trafficking in drugs and arms, terrorism, money laundering, trafficking in women and children, alien smuggling, counterfeiting, auto theft, intellectual property theft, cyber crime, and public corruption are all international in scope and cost Americans billions of dollars each year.  They also affect U.S. interests in stability, immigration, and democracy. 

Given the global character and transnational reach of organized crime today, international cooperation on criminal justice issues is central to U.S. efforts to minimize the impact of transnational crime on the United States and its citizens.  No amount of effort by a single country can have a lasting impact.  In addition to diplomatic tools and initiatives, the Department draws upon the expertise of Federal, state, and local law enforcement and judicial agencies and nongovernmental organizations to provide criminal justice sector training, equipment, and technical assistance to help foreign governments act against international crime and to enhance their ability to provide the United States the assistance we need to identify, prosecute, and convict international criminals.  This is a long-term process but one that has seen clear progress in several key areas over recent years and particularly in Fiscal Year 2001. 

Building Relationships Through Training.   Training is a core element of the Department's strategy for combating transnational crime.  Training not only imparts key skills to law enforcement officials, it builds relationships between U.S. enforcement agencies providing the training and their foreign counterparts and strengthens cooperation at the operational level.  By helping to build justice sectors manned by officials who are trained to be competent, fair, and committed to the rule of law, such programs also serve the U.S. national interest in supporting democratic development abroad. 

In 2001, the Department opened a regional International Law Enforcement Academy (ILEA) in Gaborone, Botswana, which will initially serve southern and eventually all of Africa.  This brings to three the number of regional ILEAs (others are in Bangkok and Budapest), which provide U.S. training keyed to regional issues and problems.  The Department also opened an ILEA in Roswell, New Mexico, that provides advanced training for graduates of the three regional ILEAs.  Plans are underway to open an ILEA to serve Latin America.  Overall, through ILEAs and bilateral training programs, the Department provided training for more than 11,500 law enforcement officials in more than 120 countries in 2001.  Department post-training assessments indicate that foreign law enforcement officials who receive U.S. training tend to move more quickly into leadership positions, which multiplies the impact of the training.

UN Convention on Transnational Organized Crime.  With U.S. financial and political support, the international community completed 3 years of hard work on the Transnational Organized Crime Convention (TOCC) and three supplementary protocols (trafficking in persons, migrant smuggling, and trafficking in firearms), which obligate governments to strengthen laws against international crime and encourages cooperation among states.   More than 140 states have signed the TOCC, with the United States assisting those states needing help in developing the necessary legislation and other legal changes to implement the convention. 

Anticorruption.  Corruption routinely affects American interests overseas.  It facilitates crime, impedes global economic activity of U.S. firms, stifles economic activity and investment in developing countries, and can even threaten the stability of democratic regimes.  To strengthen international norms against corruption—many countries do not regard corruption as a serious crime—the Department is providing political and financial support for the start-up of negotiations on an international convention on corruption.  Negotiators completed agreement on the terms of reference and a draft text in 2001 and will begin formal negotiations on the convention in early 2002.  To help maintain the international spotlight on anticorruption issues, the United States and the Netherlands cosponsored the second Global Forum on Corruption in The Hague, which drew ministers and senior officials from 143 states.  The first Global Forum on Corruption was held in Washington in 1999.     

Money-laundering.  A common trait shared by transnational crime groups, narcotics traffickers, and terrorist groups is their need to launder money used in their operations and to move it surreptitiously around the international banking system.  The Department works with other countries, both bilaterally and in multilateral forums, on ways to increase banking transparency, tighten practices against money laundering, make it easier to seize assets from such operations, and reduce and ultimately eliminate "safe havens" for illegal money.  Working with the other 27 members of the multinational Financial Action Task Force (FATF), which focuses on money-laundering, the Departments of State and Treasury identified 8 additional states as "non-cooperating countries and territories" (NCCTs) and helped 4 other jurisdictions "graduate" from the list by improving their performance.  This brings the current total of NCCTs to 19, all of which face diplomatic and other pressure by FATF members to improve their anti-money laundering policies and practices.  The Department also provided political support for and technical assistance to efforts to form regional FATF-like bodies in South America and one for Eastern and Southern Africa.  In 2001, the Department provided assistance to 27 states to improve their anti-money laundering systems.  U.S. assistance in establishing anti-money laundering units in Thailand and Paraguay, for example, yielded their first-ever prosecutions for money laundering.  Following the September 11 attacks, the United States shifted focus to terrorist financing nations; but even here, the training and institutional development will support our broader anti-money laundering goals and objectives.    

Trafficking in Persons.  Each year, more than 700,000 people—mostly women and children—are transported across national borders, where they are subjected to various forms of sexual and economic exploitation. Some 50,000 of these are smuggled into the United States.  To help combat this growing problem, the Department published the first annual Trafficking in Persons (TIP) Report in July, which assessed global trafficking trends and identified 23 countries as key areas of concern and as possible recipients for U.S. anti-trafficking assistance.  The Department also set up an interagency Office on Trafficking in Persons to coordinate interagency information and policy and to serve as the secretariat for the newly created interagency cabinet-level Task Force on Trafficking in Persons.  The Office formally opened in October 2001.

Alien Smuggling.  To combat the growing problem of alien smuggling, the Department took steps to establish an interagency migrant Smuggling and Trafficking Center that will coordinate policy and intelligence on smuggling activities and help with disruption operations.  Combating alien smuggling has been an uphill struggle because many governments consider it to be a victimless crime since most aliens are seeking better economic lives.  In the aftermath of the September 11 attacks, however, many governments have begun focusing on the need for better border security.  The Center is scheduled to open in early 2002.  

States in Transition.  The Department continues to play an active role in rebuilding police and criminal justice systems in states undergoing transition from civil strife.  Working with the UN Mission in Kosovo, the Department helped build, from the ground up, a new 4,000-strong multiethnic police force that provides day-to-day policing for Kosovo.  The Department provided more than 800 American policemen as part of peacekeeping operations in Bosnia, Kosovo, and East Timor and supported multiethnic police training in Southern Serbia and Macedonia.  

Africa.  To strengthen African anticrime efforts, the Department conducted national assessments for six countries (Benin, Ghana, Nigeria, Senegal, South Africa and Togo) to help determine the best mix of anticrime assistance and negotiated agreements with several of these countries to provide technical assistance and equipment.


National Interest
Law Enforcement
Performance Goal #
IC-01
Strategic Goal

Minimize the impact of international crime on the United States and its citizens.

Performance Goal



Improved law enforcement and criminal justice institutions in targeted countries.

FY '01 RESULTS AS OF 9/30/01

Given the global character and transnational reach of organized crime today, international cooperation on criminal justice issues, backed by funding for effective programs, is central to minimizing the impact of crime on the United States and its citizens.  No amount of effort by a single country can have a lasting impact.   The Department draws upon the expertise of Federal, state, and local law enforcement and judicial agencies and nongovernment organizations to provide criminal justice sector training, equipment, and technical assistance to help foreign governments act against international crime and to enhance their ability to provide the United States with improved assistance to identify, investigate, and arrest and prosecute international criminals.  This is a long-term goal and a continuing process that saw several key accomplishments and steps forward in FY '01.

Training.  In August, the Department opened an International Law Enforcement Academy (ILEA) in Gaborone, Botswana, bringing to three the number of regional ILEAs (others are in Bangkok and Budapest).  The Department also opened an ILEA in Roswell, New Mexico, to provide advanced training for graduates of the regional ILEAs.  Through the ILEAs and bilateral training programs, the Department provided anti-crime training for more than 11,500 foreign law enforcement officials (target was 4,300) around the globe in 2001 and supported national training programs in Mexico, Guatemala, Peru, Ecuador, and elsewhere.  Such training not only imparts key skills in law enforcement, it also builds relationships between the U.S. agencies providing the training (DOJ, DEA, FBI, Customs, INS, Coast Guard, DOD, others) and their foreign counterparts that pay important dividends at the operational level.  By helping to build justice sectors manned by officials who are trained to be fair, competent, and committed to the rule of law, such programs also serve the U.S. national interest in supporting democratic development abroad.   The Department will continue to give priority to training and is currently planning to establish an ILEA for Latin America in FY '02. 

Training Assessments.  To ensure quality, the Department conducted post-training assessments in five countries, which indicated that trainees are using their new skills in the field, that U.S. training standards and concepts are being incorporated into national training curriculums, and that U.S. trainees are more likely to move into leadership positions.   

Office To Monitor and Combat Trafficking in Persons.   Although the Office did not formally open until October 2001, an embryonic staff prepared the Department's first Trafficking in Persons (TIP) report in July 2001, which identified 23 states as failing to meet the minimum the standards of the Victims of Trafficking and Violence Act (2000) and as possible candidates for U.S. assistance to combat trafficking.               


FY '01 RESULTS AS OF 9/30/01 (cont'd)

Migrant Smuggling and Trafficking in Persons Coordination Center.   The start-up of the Center has been delayed until early 2002.   The Office will coordinate interagency intelligence (real-time and longer term) on smuggling and trafficking and help fund special disruption operations in selected areas in coordination with foreign governments.   Since some terrorist groups use smuggling rings to infiltrate their operatives, the Center's operations will also support U.S. counter-terrorism efforts.  

African Crime Programs.  To lay the foundation for expanded anticrime programs in Africa, the Department completed national assessments for six states (Benin, Ghana, Nigeria, Senegal, South Africa, and Togo) that will help determine the appropriate mix of anticrime assistance.     

Balkans.  Although not reflected in the FY '01 Plan, working under the umbrella of UNMIK (UN Interim Administration in Kosovo), the United States led in building, from the ground up, the new Kosovo Police Service by helping train 4,000 new multiethnic officers, who are now performing first-line policing functions independently.  The Department also helped develop the (first-ever) unit for dealing with anti-organized crime/terrorism/extremism capabilities within a peacekeeping force and supported training of multiethnic police in Southern Serbia and Macedonia.           

Management Controls.  To improve management controls and cost-effectiveness of anticrime and anti-drug assistance programs, the Department introduced two changes in 2001:  1) all programs now require formal letters of agreement (LOA) that identify specific results and measures of effectiveness and ensure host government commitment to cooperation; 2) The Department is moving from a Washington-driven, off-the-shelf approach to training and assistance to a project-based, Embassy-led approach in which each element of training or other assistance must contribute directly to a specific, self-sustaining larger project goal.  Examples are projects to strengthen border controls in Russia and central Asia, which include coordinated and integrated training and assistance for customs, immigration, drug enforcement, counterterrorism/police, and port security officials.  

Coordination with other agencies has generally been good.  The September 11 attacks have placed demands on some of our training agencies—DOJ, FBI, and DEA—that may cause us to restructure training priorities for the immediate future. 

Looking ahead.  In the aftermath of the September 11 attacks and under strong U.S. pressure, many states have taken steps to strengthen money-laundering laws and regimes.   While aimed primarily at terrorist financing, these steps will also have an impact on money-laundering efforts in general by organized crime groups.   The opening of the Trafficking Office and Smuggling Center should strengthen enforcement operations in these areas.   The planned ILEA for Latin America will upgrade training by focusing on regional issues and problems.

Validity of Indicators.  Training is perhaps the single most important element for upgrading the professionalism and general performance of law enforcement officials.  However, it is increasingly clear that training of one sector of the police alone is not sufficient.


Performance Indicator

FY '00 Baseline

FY '01 Target

FY '01 Actual

Number of ILEAs established

2

4

4

Number of students trained:

         ILEA students

         Other program students

1,800/1,100

4,300/9,430*

2,700/1,500*

4,350*

1,412*

11,500*

* Over the course of the year, it was determined that training figures for the FY 2000 Base and FY 2001 Targets contained in the FY 2001-02 Department Plan overstated ILEA training and greatly understated the figure for "Other program students."  The table above provides the correct figures.  The figure to the left of the slash is the original figure and the one to the right is the revised figure.  One reason for the understatement of "Other" programs was that the original figures included only INL crime funding.  The revised figures include funding from all sources, including FSA (Freedom Support Act) and SEED (Support for Eastern European Democracy).


Performance Indicator

FY '00 Baseline

FY '01 Target

FY '01 Actual

Assessments for African anti-crime program requirements

0

6

6

Number of MSTCC anti-smuggling/trafficking operations

0

0

0

Verification

Data Source:  ILEA, Embassy, INL Training Office, and other U.S. Government law enforcement agencies

Data Storage:  ILEA, INL

Frequency:  quarterly

Country

Worldwide

Lead

Lead:  Department of State's Regional Bureaus, Bureau of Diplomatic Security

Partners

Department. of Justice, Federal Bureau of Information, Drug Enforcement Administration, Treasury, ATF, Customs, Secret Service, Internal Revenue Service, Central Intelligence Agency, Dept. of Energy, EPA, Financial Crimes Enforcement Network (FinCen), Federal Judicial Center, Federal Law Enforcement Training Center, Federal Reserve Board, ICITAP, INS, National Institute for Drug Abuse, National Institute of Justice, OCC, Overseas Professional Development, Assistance and Training (OPDAT), OTA, U.S. Coast Guard, U.S. Office of Government Ethics, U.S. Patent and Trademark Office

Assumptions and
External Factors

         Increasing globalization of crime requires additional cooperation among law enforcement agencies across national borders.

         Foreign governments have the political will to professionalize the capabilities of law enforcement and criminal justice institutions, and to correct, as necessary, their laws and judicial systems.


National Interest
Law Enforcement
Performance Goal #
IC-02
Strategic Goal

Minimize the impact of international crime on the United States and its citizens. 

Performance Goal



Strengthened international cooperation against international organized crime. 

FY '01 RESULTS AS OF 9/30/01

In combating transnational organized crime, strengthening the national justice sectors of foreign governments is one side of the coin (Goal IC-01).  The other side is strengthened cooperation among members of the international community though the UN and other international organizations and regional bodies.    By working collectively, states can set international norms and standards that improve cooperation among states, provide domestic political cover for governments seeking to reform their justice sectors, and serve as a diplomatic hammer against recalcitrant governments.  FY '01 saw major steps forward in establishing international norms against transnational organized crime, in laying the groundwork for international cooperation on anticorruption, in strengthening international cooperation and pressure against money-laundering, and in advancing law enforcement cooperation among the Group of Eight (G-8). 

Transnational Organized Crime Convention (TOCC).  Following 3 years of hard work, the international community completed work on the TOCC and three supplemental protocols (trafficking in persons, migrant smuggling, and trafficking in firearms) in FY '01. More than 140 states have signed the TOCC, which obligates governments to strengthen laws against international crime and encourages cooperation among states, which significantly expands the ability of the United States to work with other states on organized crime investigations and prosecutions.  The Department, which funded and provided political support for the negotiations, is now pressing governments to ratify and implement the Convention/protocols and is assisting states needing help in developing the necessary legislation and other legal changes.  

Anti-Corruption.  The Department is also providing similar support for the start-up of negotiations on an international convention on corruption.  Negotiators agreed on the terms of reference and a draft text in FY '01 to begin formal negotiations in January 2002.  To help maintain the international spotlight on corruption issues, the United States and the Netherlands co-sponsored the second Global Forum on Corruption in The Hague in May, which was attended by ministers and senior officials from 143 states.   The Department also worked with regional organization to strengthen anti-corruption efforts, including endorsement by 17 Asian and Pacific countries of the first regional anticorruption action plan for Asia.  We actively supported the move when parties to the Inter-American Convention on Corruption to begin work on a monitoring mechanism for the convention.   In addition, the Department facilitated a Washington meeting of ministers from the Global Coalition of Africa aimed at advancing anticorruption principles.    

Department plans to increase voluntary donor support for the UN Crime Center by 25 percent in FY '01 fell short because management problems at the UN Crime/Drug offices caused potential donors to hold back.  Following management reform during 2001 and a leadership change at the end of the year, we expect contributions to rebound in FY '02 and will relaunch our efforts to expand the donor base.

G-8.  The Department continued to spearhead the active and effective Lyon Experts Group on Organized Crime, which focuses on practical aspects of cooperation on crime issues.  Cooperation agreements and practices among Lyon Group members normally become expanded to include the EU and other states.  In 2001, Lyon Group member states agreed, inter alia, to set up 24/ 7 points of contact in key law enforcement agencies for responding to computer crimes and began work on a multilateral child pornography data base to help combat such crimes.  Following the September 11 attacks, the Lyon Group and the G-8 Counter-terrorism Experts Group joined forces to develop a 25-point Action Plan of coordination on counterterrorism.

FY '01 RESULTS AS OF 9/30/01

Anti-Money Laundering.  Prior to the September 11 attacks, the United States focus was on working through the 29-member Financial Action Task Force (FATF) to identify "non-cooperating countries and territories" (NCCTs) and to provide anti-money laundering assistance to those NCCTs important to the United States that were willing to pass anti-money laundering laws and improve their anti-money laundering regimes.  During 2001, 4 countries "graduated" from the list of NCCTs while 8 countries were reviewed and added to the list, bringing to 19 the total number of NCCTs currently on the list.  The United States provided assistance to 27 states to improve their anti-money laundering systems.  The United States also actively supported establishment of several regional FATF-like organizations in Latin America and East Africa.  After September 11, attention shifted to terrorist-financing countries.

Looking ahead.   The United States will be working with other states to tighten anti-money laundering laws and regulations, increase border security (especially for states that bordering on Afghanistan, including Pakistan), and to advance and broaden anticorruption norms.

 

Performance Indicator

FY '00 Actual

FY '01 Target
FY '01 Actual

Status of TOCC and Protocols and Implementation

Negotiations of all instruments are on-going

Successful:  Main convention and all three protocols are completed.

Unsuccessful:  None of the 4 instruments are completed and negotiations continue on all documents.

Main Convention and all three protocols completed.   132 states signed.  

Status of international corruption instrument

CICP Secretariat receives mandate to complete comprehensive study of existing work on corruption.

 

Successful:  CICP Secretariat completes comprehensive study of existing work on corruption, and expert group and Crime Commission take up issue of terms of reference

Unsuccessful:  Expert group and Commission define terms of reference and determine to proceed with corruption negotiations despite the fact that TOCC and protocol negotiations continue.

Terms of reference and draft text completed. 

 

Overall level and sources of funding of CICP

Approximately 15 countries contribute approximately $2.5 million annually.

Successful:  voluntary contributions to CICP increase by 25%

Unsuccessful:  voluntary contributions decrease following critical UN auditor's report on management issues.

Minimally successful:  Voluntary contributions increased by 8 percent due to management problems at CICP. 

 

Level of U.S. funding to CICP

$750,000

Successful:  $1.2 million

Unsuccessful:  decreased contribution to CICP

Successful:  $2.5 million

Performance Indicator

FY '00 Actual

FY '01 Target
FY '01 Actual

Level of cooperation in multilateral forums

National and regional differences frequently dominate cooperative efforts, despite acknowledgment of shared problems.

Successful:  development of strategy and action plan for implementation of TOCC leads to increased cooperation in traditional multilateral forums

Unsuccessful:  negotiations cease on 1 or more of the 4 instruments because of lack of agreement

Negotiators developed plan of action; negotiations start off on good basis.

 

Verification

         Existence of and progress on technical assistance programs

         Completion of negotiated TOCC and protocol documents

         Progress on negotiation of international corruption instrument

         Funding levels for CICP

Data Source:  CICP, INL, UNVIE, various multilateral forums

Data Storage:  INL, CICP

Frequency:  annual

Country

Worldwide

Lead & Partners

Lead: Department of State - INL Partners: IO, INR, regional bureaus, G-8, Lyon Group, FATF, Organization of American States, European Union, United Nations, Department of Justice, Department of Treasury 

Assumptions and
External Factors

         The United States will continue to support CICP.

         Other states will share U.S. goals of cooperating to combat transnational crime.

         Other states continue to support CICP.



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