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SUPPLEMENT REFERENCE CRI 214 SECOND EXAM COVERAGE

Lesson 2

Course Scope:This course covered the Transnational crime,Common crimes by transnational crime

group Asianapol,Interpol,Europol,and the Manila Interpol with the study of transnational crime and

their common criminal activity.The Extradition Treaty of the government of the Republic of the

Philippines.

Course Outcome:

Students explicitly discuss the role of the Interpol and other international police in
relation to combating crimes and terrorism
Discuss the different international security color coding of the Interpol

Simple Terms To Remember

INTERPOL-is the world's largest international police organization,with 190 member countries.It

facilitates cross-border law enforcement cooperation and supports and assists all organizations,

authorities, and services whose mission is to prevent or combat international crime.

The NATIONAL Central Bureau-is the designated contact point for the general secretariat,regional
offices,and other member countries requiring assistance with overseas investigations and the
location and apprehension of fugitives.

Prostitution-refers to any act,transaction,scheme or design involving the use of a person by


another,for sexual intercourse or lascivious conduct in exchange for money,profit or any other
consideration.

Forced Labor-refers to the extraction of work or services from any person by means of

enticement,violence,intimidation or threat,use of,force or coercion,including deprivation of

freedom,abuse of authority or moral ascendancy,debt-bondage or deception including any work or


service extracted from any person under the menace of penalty.

Slavery-refers to the status or condition of a person over whom any or all of the powers attaching to

the right of ownership are exercised.

Involuntary Servitude-refers to a condition of enforced and compulsory service induced by means of

any scheme, plan or pattern, intended to cause a person to believe that if he or shedid not enter into

or continue in such condition, he or she or another person would suffer serious harm or other forms

of abuse or physical restraint,or threat of abuse or harm,or coercion including depriving access to

travel documents and withholding salaries,or the abuse or threatened abuse of the legal process.

Sex Tourism-refers to a program organized by travel and tourism-related establishments and

individuals which consists of tourism packages or acivities,utilizing and offering escort and sexual

services as enticement for tourists.This includes sexual services and practices offered during rest and

recreation periods for members of the military.

Debt Bondage-refers to the pledging by the debtor of his/her personal services or labor or those of a

person under his/her control as security or payment for a debt,when the length and nature of services

is not clearly defined or when the value of the services as reasonably assessed is not applied toward
the liquidation of the debt.

Cyber-refers to a computer or a computer network,the electronic medium in which

online communication takes place.

Critical infrastructure-refers to the computer systems,and/or networks,whether physical or

virtual,and/or the computer programs,computer data and/or traffic data so vital to this

country that the incapacity or destruction of or interference with such system and assets

would have a debilitating impact on security,national or economic security.national public

health and safety,or any combination of those matters.


Cybersecurity-refers to the collection of tools, policies,nisk management
approaches,actions,training,best practices,assurance and technologies that can be used to
protect the cyber environment and organization and user's assets.

Database-refers to a representation of information,knowledge,facts,concepts,or


instructions which are being prepared,processed or stored or have been
prepared,processed or stored in a formalized manner and which are intended for use in a
computer system.

The ASEANAPOL

ASEANAPOL with the world's police:

INTERPOL is also in a collaborative effort with the ASEAN Police (ASEANAPOL).An

agreement was signed by the two in 2007 allowing for access to information stored in the

electronic ASEANAPOL Database System to law enforcement worldwide through -24/7

while automating searches of ASEANAPOL's database.

INTERPOL's databases.It was the first time that INTERPOL agreed to share these
databases with other regional or international entities on a real-time basis.

In partnership with the European Commission,INTERPOL moved ahead to the next

phase of the Technical Assistance to the Commonwealth of Independent States

(TACIS)project,whose objective is to enhance the capacity of NCBs in the region to more

effectively fight transnational crimes such as terrorism,organized crime,and trafficking in

humans,weapons and drugs.In 2007 the main activities involved the modernization of NCBs

and expansion of access to INTERPOL tools and services beyond the NCBs to remote sites in

Russia and Ukraine,while initial work began in the Central Asian countries

Kazakhstan,Kyrgyzstan,Tajikistan,Turkmenistan,and Uzbekistan.
OBJECTIVE OF ASEANAPOL

Enhance police professionalism

Forge stronger regional cooperation in policing

Promote lasting friendship amongst police officers of member countries


Structure,Member,and Protocol

In a historic development at the 36th Aseanapol Conference,delegates from all ten


countries signed the Communication and Coordination Protocol for Crisis Management
(ACCPCM),bringing to a cose ten years of discussions.The ACCPCM aims to speed up the
distribution of information and intelligence,and the assistance provided, in the event of any
large-scale acts of terrorism which may result in mass casualties or the destruction of
buildings and infrastructure.
Under the proposed protocol,if a terrorist attack were to occur, the affected country can
request for specific help from another member country.It hopes that the said initiative will
collaborate and synergize the use of forensic investigation by all member countries.

Member of ASEANAPOL

Brunei Darussalam

Vietnam

Malaysia

Singapore

Myanmar
Philippines

LAO PDR

Indonesia
Cambodia

ASEAN Declaration on Transnational Crime

1.Strengthen the commitment of Member Countries to cooperate at the regional level in


combating the transnational crime;

2.Convene at least once every two years ASEAN Ministerial Meeting on Transnational Crime to

coordinate activities of relevant ASEAN bodies,such as the ASEAN Senior Officials on Drug

Matters(ASOD)and the ASEAN Chiefs of National Police (ASEANAPOL);

3.Hold discussions to sign mutual legal assistance agreements,bilateral treaties,memorandum


of understanding.or other arrngements among Member Countries;

4.Consider the establishment of an ASEAN Centre on Transnational Crime (ACOT)which will


coordinate regional efforts against transnational crime through intelligence
sharing.harmonization of policies,and coordination of operations,

5.Convene a high-level ad-hoc Experts Group within one year to accomplish the following with
the assistance of the ASEAN Secretariat:

a.ASEAN Plan of Action on Transnational Crime,

b.Institutional Framework for ASEAN Cooperation on Transnational Crime,and,

c.Feasibility study on the establishment of ACOT:


6.Encourage Member Countries to consider assigning Police Attaches and/or Police Liaison
Officers in each other's capital to facilitate cooperation for tackling transnational crime:

7.Encourage networking of the relevant national agencies or organizatons in Member


Countries dealing with transnational crime to enhance information exchange and
dissemination further,

8.Expand the scope of Member Countries' efforts against transnational crime such as terrorism,illicit

drug trafficking,arms smuggling,money laundering,traffic in persons,and piracy,and to request the

ASEAN Secretary-General to include these areas in the work program of the ASEAN Secretariat,

9.Explore ways by which the Member Countries can work closer with relevant agencies and

organizations in Dialogue Partner countries,other countries,and international organizations,

including the United Nations and its specialized agencies, Colombo Plan Bureau,Interpol,and such

other agencies,to combat transnational crime:

10.Cooperate and coordinate more closely with other ASEAN bodies such as the ASEAN Law

Ministers and Attorneys-General,the ASEAN Chiefs of National Police, the ASEAN Finance

Ministers,the Directors-General of Immigration,and the Directors-General of Customs in the

investigations,prosecution, and rehabilitation of perpetrators of such crimes;and,

11.Strengthen the ASEAN Secretariat's capacity to assist the Member Countries in

initiating,planning,and coordinating activities, strategies, programmed and projects to combat

transnational crime.

The 25th Joint Communique signed by the ASEAN Chiefs of Police during the 25th

ASEANAPOL Conference held in Bali,Indonesia, expressly stated the need to establish a Permanent

ASEANAPOL Secretariat.
During the 29th ASEANAPOL Conference in Hanoi,Vietnam,in 2009,the Terms of Reference

on the establishment of the ASEANAPOL Secretariat was endorsed.Kuala Lumpur was made the

permanent seat for the Secretariat.

The ASEANAPOL Secretariat was fully operational from the 1st January 2010.The

Secretariat of ASEANAPOL was on a rotational basis with member countries taking turns to

host the ASEANAPOL Conference and automatically assume the role of the secretariat for the

current year.

Objectives of the establishment of a Permanent Secretariat

To harmonize and standardize coordination and communication mechanisms amongst ASEAN


police institutions;

To conduct a comprehensive and integrative study concerning the resolutions agreed in the
ASEANAPOL Joint Communiques

To establish an agency with responsibility to monitor and follow up the implementation of


resolutions in the Joint Communiques:and

To transform the resolutions adopted in the Joint Communiques into ASEANAPOL Plan of
Action and its work program

The working group which was set up to consider the viability of the permanent
ASEANAPOL Secretariat finalized that:

1.The Secretariat shall be administrated based on the Terms of Reference;

2.The Head of the Secretariat is an Executive Director,and 2 Directors assist him

5 original member countries (Indonesia,Malaysia,Philippines,Singapore,and Thailand)

The tenure of services are:


Executive Director-2 years

Directors -2 to 3 years

Role of the ASEANAPOI on Counter-Terrorism

ASEAN Leaders,at their 7th Summit on 5 November 2001 in Brunei Darussalam,adopted

the 2001 ASEAN Declaration on Joint Action to Counter-Terrorism. The ASEAN Leaders viewed

terrorism as a profound threat to international peace and security and "a direct challenge to

the attainment of peace,progress,and prosperity of ASEAN and the realization of ASEAN Vision

2020.They expressed commitment to combat terrorism in accordance with the Charter of the

United Nations,other international laws,and relevant UN resolutions.They also underlined that

cooperative efforts in this regard should consider joint practical counter-terrorism measures in

line with specific circumstances in the region and each member country.

They also identified specific measures for ASEAN to implement the Declaration,namely:

Review and strengthen national mechanisms to combat terrorism;

Call for the early signing/ratification of or accession to all relevant anti-terrorism


conventions,including the International Convention for the Suppression of the Financing of
Terrorism;

Deepen cooperation among ASEANs front-line law enforcement agencies in combating terrorism
and sharing "best practices";

Study relevant international conventions on terrorism with the view to integrating them
with ASEAN mechanisms on combating international terrorism;

Enhance information/intelligence exchange to facilitate the flow of information,in


particular,on terrorists and terrorist organizations,their movement and funding,and
any other information needed to protect lives,property,and the security of all modes
of travel;

Strengthen existing cooperation and coordination between the ASEAN Ministerial


Meeting on Transnational Crime (AMMTC)and other relevant ASEAN bodies in
countering.preventing, and suppressing all forms of terrorist acts.Particular attention
would be paid to finding ways to combat terrorist organizations,support
infrastructure and funding,and bringing the perpetratorsto justice:

Develop regional capaciy-building programs to enhance existing capabilities of ASEAN


member countries to investigate,detect, monitor,and report on terrorist acts;

Discuss and explore practical ideas and initiatives to increase ASEAN's role in and
involvement with the international community,including extra-regional partners
within existing frameworks such as the ASEAN +3,the ASEAN Dialogue Partners,and
the ASEAN Regional Forum (ARF),to make the fight against terrorism a truly regional
and global endeavor

Strengthen cooperation at the bilateral,regional, and international levels in


comprehensively combating terrorism and affirm that the United Nations should play
a major role in this regard at the international level.

The specific measures outlined in the Declaration have been incorporated in the
Terrorism component of the Work Programme to Implement the ASEAN Plan of Action to

Combat Transnational Crime adopted in May 2002.The Work Program is based along
six strategic thrusts namely:

·information exchange:

·cooperation in legal matters;


·cooperation in law enforcement matters;

·institutional capacity building;

·training;and

·extra-regional cooperation.

HED BOOK

Several ASEAN Member Countries have already become the party to some of the
12 international conventions and protocolsrelating to terrorism.In the Work Program,
ASEAN Member Countries are also urged towards an early signing or ratification of or
accession to all relevant anti-terronsm conventions including the International Convention
for the Suppression of the Financing of Terrorism.

As part of the Terrorism Component of the ASEAN Work Program,ASEAN Member

Countries are now working toward establishing a regional database for disseminating

information on respective national laws,regulations,bilateral and multilateral treaties or

agreements of individual cuntries.The Annual Conference of ASEAN Chiefs of Police

(ASEANAPOL)held in May 2002 called for cooperation among the ASEANAPOL members in

fighting terrorism.ASEAN Chief of Police are committed to developing capacity-building

initiatives to ensure that each ASEANAPOL member can effectively monitor,share

information on and combat all forms of terrorist activities.They also agreed

to enhance cooperation among law enforcement agencies by sharing experiences on counter-


terrorism and the exchange of information on suspected terrorists,organizations,and their
modus operandi.

Besides,ASEAN immigration authorities have committed to assisting and coordinating

with the other ASEAN law enforcement authorities to prevent the movement of terrorists or
cross-border terrorism by establishing intelligence units in their respective agencies on

trafficking in persons, human smuggling, and terrorism

Interpol

What is INTERPOL

At present INTERPOL has 195 member countries, making us the world's largest police
organization.They work together and with the General Secretariat to share data related to
police investigations. It facilitates cross-border law enforcement cooperation and supports and
assists all organizations,authorities,and services whose mission is to prevent or combat
international crime.

Each country hosts an INTERPOL National Central Bureau (NCB),which links national
police with our global network.

Interpol

It was created during the 2nd International Police Congress in Vienna in 1923.The
countries participating in the 1923 Congress
were:Austria,Czechoslovakia,Denmark,Egypt,France,Fiume,Germany,Greece,Hungary,Italy,
Japan,Latvia,Netherlands,Poland, Romania,Sweden,Switzerland,Turkey, United States and

Yugoslavia.These were not formally all member countries,since at the time,

membership of the ICPC was on an individual elected basis (generally Chiefs of police)not
countries.

The International Criminal Police Commission (ICPC)was the predecessor to


INTERPOL.The organization known today as Interpol was born at the first International
Criminal Police Congress, held in Monaco in 1914.It was officilly created in 1923with the
name International Criminal Police Commission and renamed in 1956 with Interpol's
name.Today,it is the largest international police organization globally and is made up of 195
member nations. The Federated States of Micronesia was admitted as the Organization's
195th member.

Each member nation staffs a national central bureau that communicates and
cooperates with other member nations.Its mission is "Preventing and fighting crime through
enhanced cooperation and innovation on police and security matters."

Although the organization Interpol exists to coordinate intelligence efforts between


national law enforcement agencies,it is not an international police force.Indeed,no such
international law enforcement body with universal jurisdiction exists.The agency's number
one priority is to maintain a secure global police information syster between the National
Central Bureaus of each member nation. In addiion to this priority,Interpol provides round-
the-clock support to all member nations' police and law enforcement agencies.It also
continuously attempts to innovate and enhance the tools used to fight crime, and it assists in
identifying crimes and criminals. Finally,it delivers high-level training,certification,and
accreditation to law enforcement personnel.

INTERPOL's current activities are based around four core functions:

·Secure global law enforcement communication services.INTERPOL runs an international

law enforcement communications system called 1-24/7,which provides law enforcement

worldwide with a common platform through which they can share crucial information

about criminals and criminality.

Operational data service s and databases for law enforcement INTERPOL's databases and
services ensure that law enforcement worldwide can access the information and services
they need to prevent and investigate crimes.
Operational law enforcement support services, INTERPOL supports law enforcement

officials in the field with emergency support and operational activities,especially in its

priority crime areas of fugitives,public safety and terrorism, drugs and oranized

crime,trafficking in human beings,financial and high-tech crime.A Command and Co-

ordination Centre operates 24 hours a day, seven days a week.

·Law enforcement training and development. INTERPOL provides focused law

enforcement training initiatives for national agencies and offers on-demand

advice,guidance,and support in building dedicated crime-fighting components.The aim is

to enhance the capacity of member countries to combat serious transnational crime and

terrorism effectively.

Each of the INTERPOL's 195 member countries maintains a National Central Bureau

(NCB) to facilitate contact between law enforcement agencies internationally.The NCB is

the designated first point of contact between INTERPOL's General Secretariat

headquarters in Lyon,its regional offices and member countries requiring

assistance with overseas investigations or issues of criminality.An Interpol notice


is an international alert circulated by Interpol to communicate information about
crimes.criminals,and threats from police in a member state (or an authorized
global entity)to their counterparts worldwide.

The information disseminated via notices concemns individuals wanted for serious

crimes,missing persons,unidentified bodies,possible threats,prison escapes,and criminals.There

are eight types of notices,seven of which are color-coded by their

function:Red,Blue,Green,Yellow,Black,Orange,and Purple. The most prominent notice is the Red

Notice which is the "closest instrument to an international arrest warrant in use today.An eighth
Special Notice is issued at the request of the United Nations Security Council.

Notices published by Interpol are made eiter on the organization's initiative or are based

on requests from its member states' National Central Bureaus (NCBs) or authorized international

entities such as the United Nations and the International Criminal Court.All notices are published

on Interpol's secure website.Extracts of notices may also be posted on Interpor's public website if

the requesting entity agrees.

Interpol can only publish a notice that adheres to all the proper legal conditions.For

example, a notice will not be posted if it violates Interpol's constitution,which forbids the

organization from undertaking political,military,religious,or racial character activities.Interpol can

refuse to publish a notice that it considers inadvisable or a potential risk.

NOTICE TYPE DETAILS

RED-To seek the location and arrest of a person wanted by a judicial jurisdiction or an

international tribunal with a view to his/her extradition.

Used when seeking the arrest of a wanted person and with a view to
extradition.Depending upon the country involved,the Red Notice may serve as a
provisional arrest warrant.

BLUE-To locate,identify or obtain information on a person of interest in a criminal


investigation.Used to collect additional information about a person's location,identity or
illegal activities concerning a criminal matter.In terms of a terrorism matter,this notice
enhances the chances of better identifying a terrorism suspect.

GREEN-To warn about a person's criminal activities if that person is considered a possible
threat to public safety.Used to provide warnings and criminal intelligence about persons
who have committed criminal offenses and are likely to repeat these crimes in other
countries.They are,in essence, a form of 'alert' signal for calling attention to criminals.

YELLOW-To locate a missing person or to identify a person unable to identify


himself/herself.

BLACK-To seek information on unidentified bodies.

ORANGE-To wam of an event,a person,an object or a process representing an imminent


threat and danger to persons or property.Used to war police,related security entities,and
other international organizations of possible threats from hidden weapons,parcel bombs,
and other dangerous items or materials, such as those which can be used in the terrorist
attack

PURPLE-To provide information on modus operandi, procedures, objects

To successfully fight terrorism and other transnational crimes,organizations need to

have information and share it in the most timely and effective manner possible.Committed to

this view,the International Criminal Police Organization (ICPO,widely known as INTERPOL )

provides the tools and services necessary to facilitate such exchanges to affect these channels

of communication.Their role is to ensure effective interplay among member states and ensure

that offenders are brought to book irrespective of their hidden places.

Interpol is the largest police organization in the world and it was founded in Austria in

1923.The Interpol has six regional bureaus,a permanent department of the general

secretariat, which bring the general secretariat closer to the regions.The head of the bureau is

responsible for applying the priorities of the organization and those of regional police chiefs

committees where they exist.


Network analyst a technical officer who is responsible for providing technical support
not only within the SRB but also to the national central bureau in the region crime analyst one
will provide analytical work on crimes in the region related to work for the general secretariat
and the regional police chiefs committee.

The General Secretariat of the Interpol was base in Lyons,France.The International


criminal court has jurisdiction on a genocide case or human slaughter committed in other
countries.The Interpol executive committee is composed of 13member committee elected in
the general assembly and composes a president,three vice presidents,and nine delegates
covering the four regions.

The NCB is the designatd contact point for the general secretariat,regional offices

and other member countries requiring assistance with overseas investigations and the

location and apprehension of fugitives.Commission for theControl of Interpol files serve

as an independent body whose mandate is the threefold aim;(1)ensure that the

processing of personal information,(2) advise the Interpol onany project,operation,set of

rules,or other matter involving personal information,and (3) Process request concerning

the information contained in Interpol files.

The general assembly elects the President of Interpol for four years,his
role is to chair the Gen.Assembly and Executive Committee

Interpols Official Language

Interpol relies on an extensive telecommunications system and a unique database


of international police intelligence.Each year, Interpol's telecommunications staff handles
millions of messages in the organization's four official languages:

Arabic,
English,

French and,

Spanish.

INTERPOL Manila

The National Central Bureau (NCB)for the Philippines is an inter-ministerial entity


that is not part of the Philippine National Police but is directly attached to the President's
Office. It benefits from direct access to the services of all law enforcement agencies in

the Philippines.The NCB is referred to as "NALECC-SCILEC"(National Law Enforcement


Coordinating Committee ·Sub Committee on International Law Enforcement Cooperation).

INTERPOL Manila is an integral part of the PCTC.Its mission is to serve as the liaison
office and main coordinating body for international police cooperation on behalf of all law
enforcement agencies in the Philippines.Its primary duties include:

·Monitoring and coordinating law enforcement activities relating to transnational crimes


affectig the Philippines;

·Operating and maintaining an operations center to serve as the focal point for international
cooperation on transnational crime for all law enforcement agencies in the Philippines;

Acting as a NALECC (National Law Enforcement Coordinating Committee)Sub Committee


to monitor crime and activities that threaten national security and the economy

INTERPOL Manila works around the clock and uses English as its main working language.

The Philippine Center on Transnational Crime(PCTC),which houses INTERPOL Manila,is


the national law enforcement agency that carries investigations beyond the borders of the
Philippines.Its priority crime areas include:

·The illicit trafficking of narcotic drugs and psychotropic substances;


·Money laundering:

Terrorism;

Arms smuggling:

Trafficking in persons;

Piracy.

Any crime which impacts the stability and security of the Philippines.

The PCTC coordinates all transnational crime operations carried out by other

government agencies of the Philippines.It designs new projects to strengthen the

country's combined response and ensures the efficient exchange of information.The

PCTC recommends ways to prevent transnational crime better and to detect and

apprehend criminals operating across borders.A pentral database of national and

international legislation underpins these recommendations.Activities are reinforced

through a training program in cooperation with national goverment agencies,other

countries,and international organizations.

Philippine Center on Transnational Crime

The signing of Executive Order No. 62 on January 15,1999,by President Joseph Ejercito

Estrada is a big step in the fight against interational and domestic terrorism in the

Philippines.The Executive Order created the Philippine Center on Transnational

Crime(PCTC),which calls for the formulation and implementation of a concerning program of

action of all law enforcement, intellgence,and other government agencies to prevent and

control transnational crime,including terrorism.


The mission of the Philippine Center on Transnational Crime (PCTC) is to formulate and
implement a concerted program of action of all law enforcement,intelligence,and other
goverment agencies for the prevention and control of transnational crime.

The PCTC would serve as the nucleus and linkage of all the law enforcement agencies
involved in the anti-terrorist operations. Then, a central database would be established at the
Center through moder information and telecommunications technology to provide information
to concerned agencies on the terrorist groups,methodologies,areas of operation,and prior arrests
and convictions. This is necessary considering that most of the local law enforcement agencies are
concentrating their operations on domestic terrorist groups while the activities of international
terrorist groups are not monitored.

The Philippine Center on Transnational Crime would also serve as the core group of the

soon-to-be-organized ASEAN Center for Combating Transnational Crime here in Manila.The rapid

globalization and the unrestricted movement of people,commodities,information,and ideas have

provided a conducive environment for transnational crime.Therefore,there is a need for countries

to close ranks and put up unified effort to fight this new phenomenon and increasing threat to

World Peace.

POWERS AND FUNCTIONS

The mandated powers and functions of the Center are as follows:

To establish,using modern information and telecommunications technology,a shared central


database among government agencies for information on criminals,methodologies,arrests,and
convictions on the following transnational crimes:

The illicit trafficking of narcotic drugs and psychotropic substances;


Money laundering:SHED BOOK

Terrorism;

Arms Smuggling;

Trafficking in Persons;

Piracy,and

Other crimes that have an impact on the stability and security of the country;

2.To supervise and control the conduct of anti-transnational crime operations of all government
agencies and instrumentalities;

3.To establish a central database on national as well as international legislation and

jurisprudenceon transnational crime,with the end view of recommending measures to

strengthen responses and provide immediate intervention for the prevention,detection,and

apprehension of criminals operating in the country:

4.To establish a center for strategic research on the structure and dynamics of transnational

crime in all its forms,and predict trends and analyze relationships of given factors for the

formulation of individual and collective strategies for the prevention and detection of

transnational organized crime and the apprehension of the criminal elements involved;

5.To design programs and projects aimed at enhancing national capacity-building in


combating transnational crime, as well as supporting the related programs and projects of
other ASEAN international centers;

6.To explore and coordinate information exchanges and to train with other govemment
agencies,foreign countries,and international organizations involved in the combat against
transnational crime;and

7.To perform such functions and carry out such activities as may be directed by the
President
Executive Order No.100, dated 7 May 1999

"Strengthening the Operational, Administrative and Information Support System of the


PCTC"-This Executive Order sought to strengthen the operational,administrative,and
information support system and capacity of PCTC by placing the following
agencies/offices/instrumentalities under the general supervision and control of the
Center:

Loop Center of the NACAHT;

INTERPOL NCB-Manila;

Police Attaches of the PNP;and

Political Attaches/Counselors for Security Matters of the DILG.

Executive Order No.295

This places all law enforcement task forces and special project groups under the
direct supervision and control of the Presiential Anti-Organized Crime Commission

(PAOCC).This Executive Order,in effect,amended Executive Order No.62,particularly


concerning the provision on the exercise of direct supervision and control over the
Center.The PCTC was transferred from the NAPOLCOM to the Presidential Anti-Organized
Crime Commission (PAOCC) to ensure a focused and coordinated response against all forms
of TNCs.

Executive Order No.146 dated October 22,2002 Amending Executive Order


No.62,transferring the general supervision and control of the Philippine Center on
Transnational Crime to the National Security Adviser's Office.

Executive Order No.265 dated January 23,2004


Creating the Office of the Special Envoy on Transnational Crime consolidating all efforts of
inter-agency bodies to ensure the efficacy to combat transnational crime in the country

Executive Order No.735 dated June 20,2008

Placing the Philippine Center on Transnational Crime,Created under Executive Order No.62
dated January 15, 1999,Under the Department of Interior and Local Govemnment.In addition
to its inherent mission and functions, The Center also serves as the Secretariat of the
Executive Council to Suppress Trafficking in Persons, Especially Women and Children,as
provided in Executive Order No. 220 Anti-Fraud Task Force Executive Order No. 331.It has
also emerged as an active playerin various regional and international initiatives to combat
transnational crimes.

Executive Order No. 35 dated April 11, 2011

Transferring the control and supervision of the Philippine Center on Transnational Crime from

the Department of the Interior and Local Government to the Office of the President to enhance

the coordination among its departments,bureaus,offices,agencies,and instrumentalities for a

"whole of goverment approach" towards a more efficient,coordinated,collaborative,and

synergized effort against organized transnational criminal activity,and to link national effors

with international agencies and institutions directly involved in the global campaign against

transnational crimes.

Command and Control

The PCTC command and control structure is as follows:

1.The PCTC is under the Office of the President


2.The Executive Director has immediate supervision and control over all units of the PCTC. As
such, he is authorized to designate duties and functions of all units and personnel of the PCTC.

3.The Executive Director has direct operational and supervisory authority over personnel and
resources detailed with the PCTC.

The PCTC shall address the requirement of putting a strong and intensified focus against
transnational organized crime in the goverment's anti-crime campaign.

The PNP continues to be the primary general law enforcement agency of the country.The
Executive Director,PCTC;the Chief,PNP;and the heads of other concerned government agencies
shall undertake close coordination and cooperation to ensure synergy in the

overall anti-transnational crime campaign.The Executive Director,PCTC shall endorse


attendance to all training/conferences/seminars related to transnational crimes(EO 100).

PCTC Strategy/Program of Action

The PCTC has adopted the following strategy and program of action:

Information exchange with government agencies,foreign countries, and international


organizations;

Strategic studies research the structure and dynamics of all forms of transnational crimes
and formulate strategies to detect and prevent such crimes and apprehend criminal
elements involved.

Law enforcement coordination and operation against all forms of transnational crime in
coordination with concerned law enforcement agencies.

Capacity building through formulation and development of community crises


management,law enforcement training,and staff development.
At the heart of every INTERPOL member country is a National Central Bureau (NCB).linking
national police with INTERPOL's global network.It serves as the contact point for all
INTERPOL activities in the field.NCBs are the lifeblood of INTERPOL, contributing to
INTERPOL's criminal databases and cooperating on cross-border investigations,operations
and arrests.

There is ONLY ONE NCB per country.

In the Philippines,the INTERPOL National Central Bureau Manila is under the Philippine
Center on Transnational Crime (PCTC).

PCTC's priority crime areas include:

The illicit trafficking of narcotic drugs and psychotropic substances;

Money laundering;

Terrorism;

Arms smuggling;

Trafficking in persons;

Piracy,

Cybercrime;

Cultural Heritage:
Y PUBLISHED BOOK

Small Arms and Light Weapons;

Environmental Crimes;

Intellectual Property Rights;


Smuggling;

Any crime which impacts the stability and security of the Philippines

The PCTC coordinates all transnational crime operations carried outby other govemment

agencies of the Philippines.It designs new projects to strengthen the country's combined

response and ensures the efficient exchange of information.The PCTC recommends ways to

prevent transnational crime better and to detect and apprehend criminals operating across

borders.A cental database of national and international legislation

underpins these recommendations.Activities are reinforced through cooperation with

national govemment agencies,other countries,and international organizations.

EXTRADITION TREATY WITH THE PHILIPPINES

The Presidential Decree governs the Philippine Extradition Law in the Philippines

extradition No.1069,"The Philippine Extradition Law."and the applicable extradition treaty in

force.PD No.1069 was enacted by then-President Ferdinand Marcos in 1977,shortly after the

Philippines concluded its first extradition treaty with the Republic of Indonesia.As can be

seen,the law is more than twenty (20)years old and has not been amended since. PD

No.1069 is intended to "guide the executive department and the courts in the proper

implementation of the extradition treaties to which the Philippines is a signatory.

The Committee on Foreign Relations to which was referred the Extradition Treaty

between the Government of the United States of America and the Government of the

Republic of the Philippines,signed at Manila on November 13,1994,having considered the

same,reports favorably thereon with one proviso and recommends that the Senate give its

advice and consent to the ratification thereof as outlined in this report and the

accompanying resolution of ratification.


Purpose

Modern extradition treaties(1)identify the offenses for which extradition will be


granted, (2)establish procedures to be followed in presenting extradiion
requests,(3)enumerate exceptions to the duty to extradite,(4)specify the evidence required
to support

a finding of a duty to extradite, and (5) set forth administrative provisions for bearing costs

and legal representation.

The increase in international crime has also prompted the U.S.govemment to become a
party to several multilateral international conventions that,although not themselves extradition
treaties,deal with international law enforcement and provide that the offenses they cover shall
be extraditable offenses in any extradition treaty between the parties.These include The
Convention for the Suppression of Unlawful Seizure of Aircraft (Hague), art. 8; the Convention to
Discourage Acts of Violence Against Civil Aviation(Montreal),art 8;the Protocol Amending the
Single Convention on Narcotic Drugs of 1961,art. 14 amending art.36(2)(b)(1)of the Single
Convention;the Convention to Prevent and Punish Acts of Terrorism Taking the Form of Crimes
Against Persons and Related Extortion of International Significance(Organization of American
States),art.3;the Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons,including Diplomatic Agents, art. 8; the International
Convention against the Taking of Hostages,art. 10,the Convention on the Physical Protection of
Nuclear Materials, art 11:and the United Nations Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances (Vienna).These multilateral international agreements are
incorporated by reference in the United States bilateral extradiion treaties.

An extradition treaty is an international agreement in which the Requested State

agrees,at the request of the Requesting State and under specified conditions,to turn over
persons within its jurisdiction charged with crimes against or are fugitives from the Requesting

State.Extradition treaties can be bilateral or multilateral,though the United

States showed little interest in negotiating multilateral agreements dealing with


extradition

until recently.

International Affairs Division (IAD) of the Philippine Department of Justice.The


Division is composed of State Prosecutors and State Counsels. The Division is responsible
for international extradition submited by local authorities and is the principal office
handling all requests for the extradition of individuals who have fled to the Philippines.The
IAD is also the central office in charge of all matters relating to mutual legal assistance in
criminal matters.

At present, the Philippines has extradition treaties with Australia, Canada,the


Federated States of Micronesia, Hong Kong,Indonesia,the Republic of
Korea,Switzerland,the United States of America,and the Kingdom of Thailand,and treaties
on mutual legal assistance on criminal matters with Australia and the United States of
America.

As already mentioned, the Philippines has two treaties on the Transfer of


Sentenced Persons, one with Hong Kong and another with Thailand,but
both are still pending in the Senate

The Europol

Brief History of the EUROPOL

For short,the European Police Office,or Europol,was established in the Maastricht


Treaty on the European Union on 7 February 1992 to respond to problems of European
transnational crime. Europol was the first attemptat establishing a global policing
organization to handle cross-border policing.The first manifestation of the

Europol project,the Europol Drugs Unit (EDU),started operation on 3 January 1994.The E

initially focused solely on the fight against drugs within the European Union.This mand

was later extended after the Essen summit meeting in December 1994 to "prevent

combat unlawful drug trafficking in nuclear and radioactive substances,illegal mo

laundering,immigrant smuggling,tradein human beings,and motor vehicle theft.

The Europol Convention that established Europol was signed by all Member Sta

on 26 July 1996 and was finally ratified by all fifteen member states of the European Un

in mid-1998,coming into force on 1 October of the same year.According to the preambl

the Convention,the objective of Europol was "to improve police co-operation between

Member States to combat terrorism,illicit traffic in drugs and other serious forms

international crime After some initial legal difficulties were resolved and several legal

added to the convention,Europol commenced its full activities from its headquarters in

Hague on 1 July 1999. This section aims to review the development of Europol from TR

and the early manifestations of the European Drugs Unit to the creation of Europol in

1999.

The acknowledged forerunner of Europol was TREVI. Named after the fountain u
which the first meeting looked out,this body was a meeting of top police officers f
European countries.Initially little more than a drinking club,it developed from its hum
social origins into a body where experience and good practice could be exchanged betw
police forces.Police cooperation before Europol was mainly structured with and aro
TREVI. Named after the famous fountain upon which the first

meeting looked out (above),TREVI was formed as part of a Dutch initiative in 1975 to
enhance "mutual assistance in combating terrorism within member states".

This mandate was later expanded to cover issues relating to organized crime.Like many of the

early efforts to tackle cross-border crime,TREVI was initially entirely separate from the mechanisms

of the then European Economic Community. Europol was officially created in July 1999 to assist

Member States in the fight against Trans-national Crime.Based in the Hague,the

Netherlands,Europol's base is in a red-bricked building on the outskirts of the city that was,somewhat

ironically, used as the Headquarters of the Gestapo in the City during the Second World War.

The Role of the EUROPOL in Transnational Crime

Headquartered in The Hague, the Netherlands,we support the 27 EU Member States in their

fight against terrorism,cybercrime, and other serious and organized forms of crime.We also work

with many non-EU partner states and international organizations.Large-scale criminal and terrorist

networks pose a significant threat to the internal security of the EU and the safety and livelihood of its

people.The biggest security threats come from:

Terrorism-The main concern of Member States is jihadist terrorism and the closely related

phenomenon of foreign terrorist fighters who travel to and from conflict zones.Recent attacks in the

EU demonstrate the intent and capability of jihadist terroriss to inflict mass casualties on urban

populations to induce a high state of well-publicized terror.

The carefully planned attacks continue to demonstrate the elevated threat to the EU from an

extremist minority,operationally based in the Middle East,combined with a

network of people bom and raised in the EU,often radicalized within a short space of time,who
have proven willing and able to act as facilitators and active accomplices in terrorism.

CROSS-BORDER COOPERATION
Europol's counter-terrorism efforts are coordinated by the European Counter Terrorism
Centre (ECTC),which oficially started operations on 1 January 2016.The ECTC seeks to enhance
cross-border cooperation between relevant counter-terrorism authorities.Even before it was
launched,Europol was already connecting its information exchange and -analysis capabilities to
support investigations into the November 2015Paris attacks.Europol's Emergency Response
Team(EMRT) was immediately activated to support the investigations in France and Belgium on a
24/7 basis.This support included deploying analysts and specialists to Paris,Interpol in Lyon,and
Brussels.

International drug trafficking and money laundering -Drug trafficking is big


business,bringing in a fifth of all profits from organized crime.It ravishes communities,endangers
businesses, strains govemment institutions,and drags down the broader economy.How drugs are
used and trafficked is constantly changing and the ways they are trafficked are growing in
technical and organizational complexity.What is not changing is the profitability of the drug
trade.Every year EU citizens spend tens of billions of euros on illicit drugs.

The organized crime groups (OCGs)involved are becoring more specialized and more fully
interconnected.And the overall rate of change is accelerating,partly because of
globalization.Activities related to trafficking are becoming concentrated geographic

areas,while instability in regions neighboring the EU could profoundly affect the drug
market in Europe.Significant domestic demand already exists along all trafficking routes.It
may be growing, with drug trafficking acting as an additional destabilizing factor in countries
already faced with other serious political,social,health,and economic factors.

Almost all criminal activities yield profits,often in cash,that the criminais then seek to

launder through various channels.Money laundering is an offense in its own right but it is

also closely related to other forms of serious and organized crime and the financing of

terrorism.In addition to organized criminal groups,professional money launderers perform


money laundering services on behalf of others as their core business.

The scale of money laundering is difficult to assess,but it is significant. The United


Nations Office on Drugs and Crime (UNODC)estimates that between 2 and 5% of global GDP
is laundered each year.That's between EUR 715 billion and 1.87 trillion each year.Most
organized crime shares a common denominator-the financial motive.Organized crime
groups boost their assets and then inject them into the legal economy through different
money laundering schemes.Tracing these assets means tracing the networks.

BROAD MANDATE

Europol has a broad mandate around combating money laundering and provides the

Member States with intelligence and forensic support to prevent and combat international

money laundering activities.The main objective in tracing illegal assets and money

laundering is to:

·find the criminals involved;

disrupt their associates;

·confiscate the proceeds of their crimes.

The Europol Criminal Assets Bureau (ECAB)assists Member States' financial

investigators in tracing the proceeds of crime worldwide when assets have been concealed

beyond their jurisdiction.The ECAB hosts the Camden Asset Recovery Inter-Agency

Network(CARIN)secretariat,which focuses on all aspects of confiscating the proceeds of

crime. Comprising practitioners from 54 jurisdictions and nine intemational

organizations,CARIN can assist with inquiries regarding the

tracingfreezing,seizure,management,and confiscation or forfeiure of criminal proceeds or

other assets belonging to a suspect.


Europol also hosts,within the FIU.net the permanent secretariat of the Anti-Money
Laundering Operational Informal Network(AMON), which was set up in 2012 as a group for
anti-money laundering investigators,With practitioners from 21 jurisdictions and three
international organizations,AMON enhances cross-border investigations into money
laundering by providing fast responses and pooled expertise.The Financial Crime
Information Centre (FCIC)is a secure web platform for law enforcement practitioners
dealing with money laundering,asset recovery, and financial intelligence.It allows its 1200
members (in 2015) to share and retrieve knowledge, best practices,and non-personal data
on financial intelligence. It also serves as the communications platform for
CARIN,AMON,and other projects supported by Europol's Financial Intelligence Group.

The incorporation in 2016 of FIU.net-a decentralized and sophisticated comuter

network supporting the financial intelligence units(FIUs)in the EU in their fight against

money laundering and terrorist financing-is expected further to close the financial

intelligence gap in the EU,particularly in enforcing the 4th Anti-Money Laundering

Directive.Trafficking of Human Beings-Human trafficking is a serious crime that abuses


people's fundamental rights and dignity.It involves the criminal exploitation of vuinerable
people for the sole purpose of economic gain. Human trafficking is a modern form of
slavery.It is often transnational, and its victims are of both genders and all ages.
BOOK

Trafficking can take various forms and may involve:

sexual exploitation,including prostitution;

forced labor or services:

slavery.servitude,and related practices;


the removal of vital organs.

Trafficking can also take the form of exploitation for forced criminality,such as
pickpocketing,shoplifting,and drug trafficking.

EXTENT

Human exploitation can be hidden behind other criminal offenses,such as


prostitution,irregular migration,property crime,or even labor disputes.Victims are often
exploited in multile ways or may be involved in other illicit activities, thus resulting in cases
of human trafficking that are not investigated or recorded as such.Moreover,differences in
national legal definitions of human trafficking hinder the comparison and assessment of
common trends and patterns across the EU.In the past decade,law enforcement
authorities in the EU have witnessed a considerable increase in intra-EU trafficking.In
2014, for example,most human trafficking victims (71 % ) registered in Europol's database
were EU citizens.

Transnational Crimes

Transnational organized crime refers to those self-perpetuating associations of individuals

who operate transnationally for the purpose of obtaining power,influence,monetary and/or

commercial gains,wholly or in part by illegal means,while protecting their activities through a pattern

of corruption and/or violence, or while protecting their illegal activities through a transnational

organizational structure and the exploitation of transnational commerce or communication

mechanisms.There is no single structure under which transnational organized criminals operate;they

differ from hierarchies to clans,networks,and cells, and may develop to other structures,International

Organized Crime Groups.

The word transnational describes crimes that are not only international (that is,crimes that

cross borders between countries),but crimes that by thir nature involve cross-border transference as
an essential part of the criminal activity.For example,they may in certain situations constitute crimes

against humanity

Nature and Concepts of Transnational Organize Crime

Transnational organized crime involves the planning and execution of illicit business ventures

by groups or networks of individuals working in more than one country.These criminal groups use

systematic violence and corruption to achieve their goals.Crimes commonly include money

laundering: human smuggling:cybercrime;and trafficking of humans,drugs,weapons,endangered

species,body parts, or nuclear

material.Transnational crime circle activities weaken economies and financial systems

and undermine democracy.

These networks often targeted goverments that are not powerful enough to oppose

them,growing on illegal activities,such as drug trafficking,that bring them enormous profits.In carrying

out illegal activities,they disappointed the peace and stability of nations worldwide,often using

bribery,violence,or terror to achieve their goals.Transnational criminal rings are becoming more and
more powerful and universal,and their mobility is growing.

There are several numbers of international organized crime groups spread across the

globe.The groups vary in their skills and specializations while operating in different geographical

domains and product areas.They use a variety of techniques and mechanisms for circumventing legal

restrictions and avoiding law enforcement There are multiple numbers of international organized

crime groups spread across the country.The groups differ in their skills and specializations while

operating in different terrestrial teritories and product areas.They use a selection of techniques and

mechanisms for evading legal restrictions and avoiding law enforcement. Transnational criminal

organizations also vary in the scope of their activities and the structure of their organization.
Effects of the Transnational Organize Crime Groups

Threat to Global Economy

Transnational organized crime groups stance more of a threat to international financial


markets as the world economy becomes increasingly interdependent.Laundering billions of dollars
in organized crime money deteriorates national debt problems because the large sums of money
are then lost as tax revenue to that country's government.

Political Impact

Giobal opmibad Cine can hane a deyetan e on polial anastenes especially the breakable new
systems of govemment found in the former communist or totalitarian regimes.South American
drug cartels have a threatening effect on governments through their financial support of local
guerilla rebels,such as the Sendero Luminoso in Peru and the Revolutionary Armed Forces in
Columbia,who share teir hostility toward the govemment and who exchange protection for money
and arms supplies.

UN Convention against transnational Crimes

The convention represents a major step forward in the fight against transnational

organizational crime and signifies the recognition.Crime and serious the recognition of UN

member states that this is a serious and growing problem that can only be solved through close

international cooperation.The Convention established by the general assembly to deal with this

problem,is legally binding instrument committing states that ratify it taking a series of measures

against transnational organized crime and this include


the creation of domestic criminal offenses to combat the problem,and the adoption of
new sweeping frameworks for mutual legal assistance,extradition,law enforcement
cooperation and technical assistance and training.

The convention deals with the fight against organized crime in general and some of
the major activities in which transnational organized crimes in commonly involved,such as
money laundering,corruption and the obstruction of investigations or prosecutions.The
protocol on against the Smuggling of migrants deals wth the growing problem of
organized criminal groups who smuggle migrants,often at high risk to the migrants and at
great profit for the offenders.The protocol against trafficking in person deals with the
problem of modern slavery,in which the desire of people to seek a better life.

Money Laundering

Today, criminal groups follow more or less the same pattern with some

modifications in order to conceal funds and syphon the proceeds from their criminal

activities.The goal of individuals or groups involved in any criminal activity with respect to

money laundering is to pass its "dirty" proceeds.The main motive of keeping one

fraudulent bank account active is the most common and prominent way of laundering

money,Syndicate groups of different criminal activities use such modus operandi,even

setting up legitimate businesses to enable them to continue syphoning their illicit

proceeds.Another discovered process of money laundering is withholding several bank

accounts;herein, family members are utilized as dummies in order to avoid detection

Republic Act No.10365 An Act Further Strengthening The Anti-Money Laundering


Law.Amending For The Purpose Republic Act No. 9160, Otherwise Known As The "Anti-
Money Laundering Act Of 2001',As Amended.

Money Laundering(R.A.9160)Revised Implementing Rules And Regulations


R.A.No.9160,As Amended By R.A.No.9194 "Covered Transaction"Is A Transaction In
Cash Or Other Equivalent Monetary Instrument Involving A Total Amount In Excess Of
Five Hundred Thousand Pesos (Php500,000.00) Within One(1)Banking Day

When the bank conduct investigation in compliance with the R.A.9194

Suspicious transactions are transactions,Regardless of amount,where any of the


following Circumstances exists:

1.There is no underlying legal or trade obligation,purpose or economic justification;

2.The client is not properly identified:

3.the amount involved is not commensurate with the business or financial capacity of
the client;

4.taking into account all known circumstances,it may be perceived that the client's
transaction is Structured in order to avoid being the subject of Reporting requirements
under the act;Proliferation of money laundering implies the persistence of organized
criminal activities such as terrorism,ilicit narcotics trafficking,trafficking in
persons,firearms smuggling,as well as financial crimes like tax evasion.

The proceeds are"laundered" by a series of processes,by submitting these as

"clean" or legitimate,summarized in three basic steps:

Placement-is the depositing of funds in financial institution or the conversion of cash


into negotiable instrument. It is the physical disposal of the money by putting them
into the financial system,usually done through:

Smurfing-Moving small amounts at several times to avoid suspicion

Immersion-Mixing illicit money with legal ones It is considered as the riskiest stage of
the laundering process because large amounts of cash are pretty conspicuous,and
banks are mandated to report high-value transactions on a daily basis.

Layering("Heavy Soaping")-it involves wire transfer of funds through a series of account


in attempt to hide the funds true origin. It is a form of disguising the trail to foil
pursuit,which involves the forwarding of money through various complex financial
transactions to change its form and make it difficult to follow.It consists of several bank
to-bank transfers,wire transfers between different accounts in different and possibly
fictitious names in different countries("Offshore Accounts").making deposits and
withdrawals to continually vary the amount of money in the accounts,changing the
money's currency,and purchasing high value items such as boats, houses, cars, or
diamonds in order to change the form of the money.

Sometimes the organized crime grouped they layered the laundered money in a
way of visiting the Casino pretending to convert the laundered money into a chips and
pretending betting a casino game then after few hours they convert the chips into cash

bills to cover the laundered money.One of the big example on this when the Central Bank of
Bangladesh victimized by the organized crime grouped by way of cyber money transferred.

Integration(Spin-Dry)-it involve the movement of layered funds.which are no longer traceable

to therein criminal origin into the financial world where they are mixed with funds of

legitimate origin These are done in various ways,often through legal businesses that the
criminal groups or individuals own.The main motive of keeping one fraudulent bank account

active is the most common and prominent way of faundering money. Syndicate groups of

different criminal activities use such modus operandi,even setting up legitimate businesses to

enable them to continue siphoning their illicit proceeds.

Another discovered process of money laundering is withholding several bank


accounts;herein,family members are utilzed as dummies to avoid detection.

Four Methods of Money Laundering:There are four methods of money laundering


(Reauter and Truman,2004):

1.Cash Smuggling-It is the shipment of cash from one country to another through mail or
shipping companies(UPS,FedEx,DHL), and/or courier services transporting cash-in check or
carry-on baggage or in their persons.

2. Casinos and other gambling venues-In casinos,chips are purchased using dirty money and
after a period in which gambling may or may not occur.The chips are traded in for a check
from the casino.Other gambling venues are horse racing and lotteries.

3.Insurance Policies-Perpetrators of money laundering or their clients are purchasing single premium

insurance policies using dirty money and receive a"sanitized check"from these insurance

policies.Insurance policies can also be used as guarantees for loans from financial institutions.

4.Securities-Perpetrators of money laundering purchase securities with dirty money transferred from

one account to another,then use proceeds from selling these securities as legitimate money.

Trafficking In Person(Modern Day Slavery)


Human trafficking is widespread as to the data taken from the United Nations Office on Drugs

and Crime Database on Human Trafficking Trends document the trafficking of human beings from 127

countries to be exploited in 137 countries.Even though all human trafficking cases have their individual

characteristics,most follow the same pattern:people are abducted or recruited in the country of

origin,transferred through transit regions and then abused in the selected country.

In some stage,the exploitation of the victim is interrupted or ended,they can be

rescued as victims of trafficking in persons and it is possible they might receive support in the

country of destination.Either immediately or at some later point,victims might be repatriated or

deported to their origin country,in some cases,relocated in a third country.or, as unfortunately too

often still happens,are deported from destination or transit countries as illegal migrants.

Trafficking in Person vs.Human Smuggling

Human Smuggling.Human smuggling is the facilitation,transportation,attempted


transportation,or illegal entry of a person or persons across an international border,in
violation of one or more coun-tries' laws,either clandestinely or through
deception,whether with the use of fraudulent documents or through the evasion of
legiimate border controls.It is a criminal commercial transaction between willing parties
who go their separate ways once they have procured illegal entry into a country. The vast
majority of people who are assisted in illegally entering the United States and other
countries are smuggled,rather than trafficked.International human smuggling networks
are linked to other trans-national crimes including drug trafficking and the corruption of
govemment officials

Trafficking in Persons.Trafficking in Persons (TIP), or human trafficking,refers to


activities involved when one person obtains or holds another person in compelled
service,such as involuntary servitude,slavery,debt bondage,and forced labor.TIP specifically
targets the trafficked person as an object of criminal exploitation-often for labor exploitation
or sexual exploitation purposes-and trafficking victims are frequently physically and
emotionally abused.Although TIP is generally thought of as an international crime that
involves the crossing of borders,TIP victims can also be trafficked within their own countries.
Traffickers can move victims between locations within the same country and often sell them
to other trafficking organizations.

Republic Act No. 9208, (Now Republic Act No. 10364 )Entitled "An Act To
Institute Policies To Eliminate Trafficking In Persons Especially Women And Children,

Establishing The Necessary Institutional Mechanisms For The Protection And Support Of
Trafficed Persons,Providing Penalties For Its Violations And For Other Purposes"

Important provision of republic act no.9208 (Anti-trafficking in person act of

2003)Important provision of republic act no. 9208 Consonant with the state's obligation to

protect the dignity of the individual,this law criminalizes the act of trafficking in person

especially of women and children for prostitution, sexual exploitation and slavery,among

others.

How Trafficking in Person be made

Trafficking in Persons can be made through recruitment


obtaining.hiring.providing.offering,transportation,transfer,maintaining,harboring,or receipt
of persons with or without the victim's consent or knowledge,within or across national
borders by means of threat,or use of force,or other forms of
coercion,abduction,fraud,deception,abuse of power or of position,taking advantage of the
vuinerability of the person,or,the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person for the purpose of exploitation which
includes at a minimum,the exploitation or the prostitution of others or other forms of sexual
exploitation,forced labor or services,slavery,servitude or the removal or sale of organs.

The recruitment,transportation,transfer,harboring,adoption or receipt of a child for


the purpose of exploitation or when the adoption is induced by any form of consideration for
exploitative purposes shall also be considered as trafficking in persons

Common forms of Trafficking in Person

Prostitution-any act,transaction,scheme or design involving the use of a person by


another,for sexual intercourse or lascivious conduct in exchange for money,profit or
any other consideration

Force Labor-the extraction of work or services from any person by means of


enticement,violence,intimidation or threat,use of,force or coercion,including
deprivation of freedom,abuse of authorty or moral ascendancy,debt-bondage or
deception including any work or service extracted from any person under the menace
of penalty.

Sex Tourism-a program organized by travel and tourism-related establishments and


individuals which consists of tourism packages or activities,utilizing and offering escort
and sexual services as enticement for tourists. This includes sexual services and
practices offered during rest and recreation periods for members of the military.

Debt Bondage-the pledging by the debtor of his/her personal services or labor or those
of a person under his/her control as security or payment for a debt,when the length
and nature of services is not clearly defined or when the value of the services as
reasonably assessed is not applied toward the liquidation of thedebt.
Drug Trafficking

The illegal drug trade or drug trafficking is a global black market dedicated to the
cultivation,manufacture,distribution and sale of prohibited drugs.is the illegal trade of
drugs across states and countries, this is a trm that refers to the smuggling of drugs,for
example,marijuana,cocaine,heroin,or other illegal substances.

Causes of Drug Trafficking

There are many factors involved in the global drug trade such as.

·The Demand For Drugs

One of the biggest problems with the drug market is that there are too many users of drugs

who are using them for different reasons.In fact,over 1 million people have been diagnosed

with opioid addiction in the United States.Most of these people are not abusing or selling

drugs,but are suffering from addiction caused by doctors over-prescribing drugs.These people

then often turn to illegal opioids like heroin when they can no longer get legal opoids.

The supply of drugs

The supply of drugs is also a major cause of drug trafficking.Mexico is the number one supplier
of drugs in the United States

·Corruption

The drug trade is a global business that affects the entire world.in fact,the global drug market
is worth over $300 billion annually. The drug trade is an extremely profitable business,and its
profits are almost impossible to trace.

Drug traffickers are well funded and well organized because they are able to operate openly in
many countries because they have enough money to bribe the police and politicians.
·Easy Money And Power

Drug trafficking is one of the most profitable and easy businesses in the world,which
means that a lot of people are able to take advantage of it. Drug traffickers make a

lot of money from it and they are even able to make more money from drug trafficking than from
working a regular job.The money that dealers make from drug trafficking is enough for them to
live very comfortable lives.

Sometimes the drug trafficking business gets passed down from generation to

generation.Many people with money and power support the drug trade for their own personal

gain and have a lot of connections and resources that they use to support the drug trade.

Terrorism

What is Terrorism

Terrorism is the premeditated use of violence or means of destruction perpetrated against

innocent civilians or non-combatants, or against civilian or government properties,usually

intended to influence an audience. Its purpose is to create a state of fear that will aid in

extorting,coercing, intimidating, or causing individuals and groups to alter their behavior. Its

methods, among others,are hostage taking,piracy or sabotage,assassination,threats,hoaxes,and

indiscriminate bombings or shootings.

Even without a universal definition of world terrorism, a general term common to it is the
systematic use of terror, often violent,especially as a means of coercion.In the international
community,however,terrorism has no legally binding.

The common definitions of terrorism refer only to those violent acts which are intended to
create fear(error); are perpetrated for a religious, political or, ideological goal;and deliberately
target or disregard the safety of non-combatants(civilians).

Terrorism is transnational crime that cuts across the boundary, it gives no regards to the

borders and the institution of a state. Other than this, there are transnational organized crime

across Nations borders, involving groups or networks of individuals working in more than one

country to plan and execute illegal business

The term terrorism comes from the Latin word"Terrere" means To "Frighten".The terror

makes the state to panic and state of emergency.

In the Philipines in response to massive lawlessness attack by some domestic terrorist the

government declare on war on terrorism and other forms of crime.Terrorism usually refers to killing

of innocents by a private group in such away a to create a media spectacle(show)this meaning was

originated from the Russians radicals in the 1870's.the modern definition of terrorism in inherently

controversial;"The use of violence for the achievement of political ends is common to state and non-

state groups.

Purpose of Terrorism

Terrorism as policy it is intended to strike with terror those against whom and is
adopted,the employment of methods of intimidation,the fact of terrorizing or condition of being

terrorized;and at present there is no internationally agreed upon definition of terrorism. Common

definitions of terrorism refer only to those acts which are (1)Intended to create

fear(terror),(2)perpetrated for an ideological goal (as opposed to a materialistic goal or a lone

attack), and (3) deliberately targeting or disregarding the safety of the non-combatants.(Yuriy

A.Voronin,2000)

Cybercrime

Enhancements in transportation,communication and computer technology have made

the world today much smaller than before.Intercontinental travel which used to require days
or weeks,now it takes place hours. Before it was a discouraging idea to converse or conduct

business with some one half around the globe but now in asingle click of a mouse or cellular

phone you can easily transact in just a minute.Before,sending a message to a loved one would

take a week, but now it only takes a second or just one minute to send a message using the

modem communication gadgets.

Cybercrimes are criminal offenses committed via the Internet or otherwise aided by

various forms ofcomputer technology,such as the use of online social networks to bully

others or sending sexually explicit digital photos with a smart phone.But while cybercrime is a

relatively new phenomenon,many of the same offenses that can be committed with a

computer or smart phone, including theft or child pornography,were committed in person

prior to the computer age. This sub-section includes articles on cyber bullying,sexting,and a

whole host of other crimes commonly committed online or with the help of computer

networking and other modem equipment technology

A generalized definition of cybercrime may be"unlawful acts wherein the computer is

either a tool or target or both The computer may be used as a tool in the following kinds of

activity-financial crimes,sale of illegal articles,pomography,online gambling.intellectual

property crime,e-mail spoofing,forgery,cyber defamation,cyber stalking.

The computer may however be target for unlawful acts in the following cases-

unauthorized access to computer/ computer system/computer networks,theft of

information contained in the electronic form,e-mail bombing,data didling,salami attacks.

logic bombs,Trojan attacks,internet time thefts,web jacking,theft of computer system,

physically damaging the computer system copied from same online source
TOC networks are increasingly involved in cybercrime,which costs consumers billions of dollars
annually,threatens sensitive corporate and govemment computer networks,and under-mines
worldwide confidence in the international financial system.Through cybercrime,transnational
criminal organizations pose a significant threat to financial and trust systems-banking,stock
markets,e-currency,and value and credit card services-on which the world economy depends. For
example, some estimates indicate that online frauds perpetrated by Central European cybercrime
networks have defrauded U.S.citizens or entities of approximately $1 billion in a single
year.According to the U.S.Secret Service,which investigates cybercrimes through its 31 Electronic
Crimes Task Forces,financial crimes facilitated by anonymous online criminal fora result in billions
of dollars in losses to the Nation's financial markets

What is Cybercrime?

Crime committed using a computer and the internet to steal a person's identity or illegal

imports or malicious programs Cybercrime is nothing but where the computer used as an object or

subject of crime Online activities are just as vulnerable to crime and can compromise personal

safety just as effectively as common everyday crimes.Lawmakers,law enforcement,and individuals

need t know how to protect themselves and the persons for which they are responsible.

As mention to the PNP Criminal Investigation Manual,cybercrime is any illegal behavior


committed by means of,or in relation to a computer system or network,including such crimes
as illegal possession,offering or distributing information by means of a computer system or
network.As internet usage grows daily,the world is getting smaller by making it closer. The
World Wide Web sounds like a vast phenomenon, but surprisingly,one of its qualities is
bringing the world closer,making it a smaller place to live in for its users. However,it has also
managed to create another problem for people who spend long hours browsing the Cyber
world,which is cybercrimes

In the commission of cybercrime,there are two common components-medium and

connection.A medium is a tool to access the World Wide Web,like computers,laptops,and

smartphones. It is where encoding, downloading, uploading and storing of data for personal

use like entertainment,information gathering/dissemination,business

transaction,socialization and may more.Connection or network is the access of personal

media (computers,mobile devices etc.)to other media or the internet and vice versa.It is a

getaway in connecting with other people through the World Wide Web.

Cybercrime occurs when through a medium and connection,an act or offense is

committed against individuals or groups of individuals with a criminal motive to intentionally

harm the reputation of the victim or cause physical or mental harm,or loss to the victim

directly or indirectly.Thus, a computer (as a medium and with a connection)can be used as a

tool in committing cybercrime or as a target of cybercrime

Categorize of Cybercrime

Cyber crimes in two ways:The Computer as a Target :-using a computer to attack other
computers.e.g.Hacking,Virus/Worm attacks, DOS attack etc The computer as a weapon:-using a
computer to commit real world crimes. e.g.Cyber Terrorism,IPR violations,Credit card
frauds,Pornography etc.Cyber Crime regulated by Cyber Laws or Internet Laws.

Types of Cybercrimes

Following ar the common types of Cyber crime activity:

Hacking:Hacking in simple terms means an illegal intrusion into a computer system and/or network
Computer Vandalism:Damaging or destroying data rather than stealing or misusing them is called
cyber vandal

Cyber cracker-is someone who breaks into someone else's computer system,often on a network:
bypasses passwords or licenses in computer programs;or in other ways intentionally breaches
computer security.

Cracking-refers to the practice of hacking computer systems and software with malicious
intent,such as cracking a password or a public Wi-Fi network in order to see people's private
information

Cyber skimming-is a method used by identity thieves to capture information from a


cardholder.Several approaches can be used by fraudsters to procure card information with the most
advanced approach involving a small device called a skimmer

Cyber-trespass-Perpetrators knowingly uses,causes to be used,or accesses a

computer,computer service,or computer network without authorization and they do so with

an intent to commit,attempt to commit or further commission of any felony;or thereby

knowingly gains access to a computer material.

Phishing-is a type of social engineering attack often used to steal user data,including login
credentials and credit card numbers. It occurs when an attacker,masquerading as a trusted
entity,dupes a victim into opening an email,instant message,or text message.

Pharming-a combination of the words "phishing" and "farming", is a type of cybercrime very
similar to phishing,where a website's traffic is manipulated and confidential information is
stolen.Second,the hacker may instead poison a Domain Name System (DNS)server, causing
multiple users to inadvertently visit the fake site.(For example,a user may create a web page
that appears to be for a specific bank, requesting a usemname and password for login)
Software Piracy and other copyright violations-It is the unauthorized duplication distribution

or use of computer software.For example,making more copies of software than the license

allows,or installing software licensed for one computer onto multiple computersor a

server.Copying software is an act of Copyright infringement,and is subject to civil and criminal

penalties

Drug Trafficking

Global crime is a new phenomenon that profoundly affects international and national
economies,politics,security,and,ultimately,societies at large.The main driving

force of this phenomenon is drug trafficking.Global criminalization of drug trafficking has

generated market conditions for the supply of drugs in various regions of the world,and

contributes an estimated $190-S250 billion per year to organized inernational crime.

Drug trafficking and other forms of global organized crime affect vital individual and

social interests,such as the health of the population.2 7 Not only does drug-trafficking

correlate with high public health costs,but also with "social costs,"such as gang associated

crimes and a general deterioration of family and community life 2-8 Indeed,the drug trade is

inherently violent.The enforcement of the deviant order and authority imposed by

transnational criminal enterprises perpetuates this violence.

PUBLI
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