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Systematic Perspectives in Combating Transnational Crime and Terrorism

Transnational organized crime as described by the National Security Council


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”.

Transnational crime has been a global problem. It poses a significant threat to


our security, stability and economic prosperity. In addressing this problem,
governments and authorities particularly the Security Cooperation Division ASEAN
Political-Security Department and National Security Council around the world have
employed various strategies which aimed to combat transnational crimes.

Security Cooperation Division ASEAN Political-Security Department

The Security Cooperation Division in the ASEAN Political-Security


Department is a segment of the Association of Southeast Asian Nation (ASEAN)
which is dedicated to foster collaboration and coordination among member states on
matters related to security. It primarily deals with issues such as counter-terrorism,
maritime security, transnational crime, cybersecurity and conflict resolution within
region.

In connection with this, the fundamental principle of the ASEAN was


strengthening the foundation for a prosperous and peaceful community of Southeast
Asian Nation in which their plans, strategies and activities revolve around this
principle. Thus, combating transnational crime the ASEAN member countries have
taken concerted efforts particularly on crime such as terrorism, new types of drug
abuse and trafficking, innovative forms of money laundering activities, arms
smuggling, trafficking in women and children, and piracy.

ASEAN Plan of Action to Combat Transnational Crime

This ASEAN Action Plan is made to encourage ASEAN Member Countries to


expand their efforts in preventing and combating transnational crime at national and
regional levels as well as to enhance the capacity to address these crimes in an
effective and timely manner. This is also established to follow up the mandate of the
2015 Kuala Lumpur Declaration in Combating Transnational Crime and the ASEAN
Political-Security Community Blueprint 2025. The Kuala Lumpur Declaration in
Combating Transnational Crime 2015 has acknowledged the emergence of new forms
of transnational crimes and continues to recognize the need for all ASEAN member
states to cooperate and coordinate to the emerging threats and challenges of the
mentioned crimes as it has the ability to undermine the stability and security of the
ASEAN nations.

In order to combat these crimes, the ASEAN Member Countries have exerted
their efforts which focus on the collaboration to strengthen the regional commitment
and capacity in eradicating involving transnational crimes such as terrorism, drug
trafficking, arms smuggling, money laundering, human trafficking and piracy. The
2016 – 2025 ASEAN Plan of Action to Combat Transnational Crime espoused its
objectives to strengthen regional commitment and capacity to combat transnational
crimes. It objectives includes to cooperate closely to prevent and combat crimes such
as terrorism, illicit drug trafficking, trafficking in persons, arms smuggling, sea
piracy, money laundering, international economic crime, cybercrime, illicit trafficking
of wildlife and timber and people smuggling; expanding its scope of responsibility to
deal effectively new methods and forms of these aforementioned crimes; enhancing
regional investigative, prosecutorial and judicial cooperation; enhancing the capacity
of law enforcement officials; enhancing and improving sharing of information, joint
training and other relevant activities, and strengthening the cooperation with ASEAN
Dialogue Partners and external parties.

To effectively achieve the establish objectives, the ASEAN Member states are
encourage to cooperate and coordination the action or priority areas in combating
transnational crimes. This includes the following:

1.

The governments of the Association of Southeast Asian Nations (ASEAN)


have outlined a comprehensive plan of action in this paragraph to prevent and combat
transnational crimes, with a particular focus on crimes against women and children.
This plan includes a variety of strategies designed to protect vulnerable populations,
improve law enforcement capabilities, and foster regional cooperation.

The adoption of national strategies to prevent and combat transnational crimes


is one vital point that has been stressed. The various issues raised by transnational
criminal activity can be more successfully addressed by ASEAN Member States by
creating unified and coordinated national strategies. In order to combat crimes against
women and children, law enforcement agencies should establish specialized units that
are aware of the particular vulnerabilities and complexities associated with these
offenses.

The section also highlights how important it is to review national laws and
policies in order to improve regional cooperation in criminal matters. This entails
harmonizing legal frameworks to promote law enforcement collaboration, facilitate
extradition, and expedite procedures for seizing and distributing criminal proceeds.
The development of financial intelligence and anti-money laundering capabilities is
also prioritized in order to undermine the financial networks that sustain transnational
criminal groups.

In order to effectively combat transnational crime, the ASEAN plan of action


also emphasizes the use of specialized investigative techniques like electronic
surveillance and undercover operations. Law enforcement agencies can obtain vital
intelligence, create criminal records, and dismantle international criminal networks by
utilizing cutting-edge investigative techniques. In order to ensure that transnational
crimes are effectively prosecuted and decided, this also entails improving the criminal
justice system and the ability of law enforcement personnel.

In addition to enforcement measures, the section highlights the significance of


strengthening national measures to protect witnesses in criminal proceedings and
assist victims. This acknowledges the need of providing safety, well-being, and access
to justice for those impacted by transnational crimes, as well as empowering them
throughout the legal process.

2.

The section outlines the governments of the Association of Southeast Asian


Nations (ASEAN) taking a proactive stance against transnational crimes by
coordinating national policies, enforcing international agreements, and creating
regional legal frameworks. Increasing regional efforts to stop and oppose different
types of transnational criminal activity is the main objective.

The expedited ratification of the ASEAN Convention against Trafficking in


Persons, Especially Women and Children (ACTIP) is one noteworthy feature that has
been emphasized. This treaty is essential to ASEAN Member States' ability to work
together to combat human trafficking, one of the most severe types of international
crime. Through accelerating the ratification process, ASEAN hopes to improve
cooperation and coordination among its members in tackling this pressing issue.
The section also emphasizes the importance is to create regional legal
frameworks in order to handle new issues pertaining to transnational crimes. Given
the terrible effects of these illegal activities on biodiversity, ecosystems, and human
lives, efforts are being made to make the trafficking of wildlife, timber, and people
illegal. Through the implementation of unified approaches and harmonized legal
frameworks, ASEAN Member States can enhance their ability to prevent, prosecute,
and penalize transnational criminals.

The proposed legislation also seeks to assist in the Treaty on Mutual Legal
Assistance in Criminal Matters' elevation to the status of an ASEAN Treaty, as
requested by the ASEAN Law Ministers Meeting (ALAWMM). By facilitating the
exchange of information and evidence, accelerating the legal proceedings in
transnational criminal cases, and offering mutual legal assistance, this initiative aims
to strengthen cooperation amongst ASEAN Member States. ASEAN seeks to
reinforce the basis for regional cooperation in the fight against transnational crimes by
institutionalizing legal cooperation mechanisms.

The section also recommends searching into the establishment of a regional


program to shield victims and witnesses of international crimes from reprisals. This
indicates an understanding of the difficulties encountered by people who come
forward to disclose crimes or offer evidence against criminal groups. ASEAN
Member States can guarantee the safety and well-being of impacted individuals
during legal proceedings and foster greater cooperation from them by instituting
specialized programs and mechanisms for victim support and witness protection.

3.

The section outlines a comprehensive plan for fighting transnational crime,


with a special emphasis on making use of already-existing databases, improving law
enforcement agency collaboration, and utilizing technology to facilitate efficient
coordination.

The use of current databases to examine vital information about wanted


individuals, criminal organizations, and maritime offenses is one topic covered. This
highlights how important it is to use the data that is already available to identify and
locate transnational criminals. Using resources such as INTERPOL's i-24/7, law
enforcement organizations can improve their capacity to effectively combat
transnational crime by streamlining communication and gaining instant access to vital
information.
The section also highlights the need for enhanced information sharing between
specialized units and international organizations like the Director-General of
Immigration Departments of ASEAN (Association of Southeast Asian Nations) and
DGICM (Director-General of Immigration and Consular Matters). For cases involving
transnational crime, especially human trafficking, to be successfully investigated,
prosecuted, and decided, cooperation with these organizations must be strengthened.

Moreover, the ASEAN Secretariat's creation of a regional repository for


transnational crime laws emphasizes how crucial it is to have centralized resources for
legal frameworks regulating cross-border criminal activity. The objective of this
initiative is to optimize legal procedures, promote collaboration among participating
states, and augment the efficacy of law enforcement endeavors within the region.

Lastly, contemporary telecommunications technology is essential for enabling


quick information sharing and guaranteeing the safe transfer of sensitive data. By
using cutting-edge communication technologies, law enforcement organizations can
get over geographical and jurisdictional barriers, facilitating quick and effective
cooperation in the fight against transnational crime.

4.

The section outlines an aggressive approach taken by the governments of the


Association of Southeast Asian Nations (ASEAN) to deal with the intricate problems
brought on by transnational crimes. A commitment to improving coordination and
cooperation between law enforcement agencies throughout the region is demonstrated
by the appointment of Police Attachés or Liaison Officers in the capitals of member
states.

Combating different types of transnational crimes, such as people smuggling


and illegal wildlife and timber trafficking, is one of the initiative's main goals. These
actions jeopardize regional security and stability, contribute to networks of organized
crime, and pose grave risks to the environment and biodiversity. The goal of
ASEAN's deployment of Police Attaches or Liaison Officers is to promote
intelligence sharing, cooperative efforts, and information sharing amongst law
enforcement agencies in its member states. In order to effectively disrupt and
dismantle the criminal networks involved in these illicit activities, collaboration is
imperative.

The initiative also aims to address new security issues like terrorism and
radicalism. ASEAN seeks to moderate the spread of extremist ideologies throughout
the region, stop terrorist attacks, and discourage radicalization by encouraging greater
cooperation among law enforcement agencies. This emphasizes how important it is to
take preventative action when faced with the ever-changing threats posed by violent
extremism and terrorism.

The section further highlights the ASEAN Member States' dedication to


cooperative investigations and the creation of distinct tactics to combat transnational
crimes. Overcoming the difficulties brought on by cross-border criminal activity,
which frequently calls for sophisticated investigative methods and coordinated law
enforcement operations, depends on this cooperative effort. Furthermore, ASEAN
hopes to better protect witnesses and victims of transnational crimes by strengthening
cooperation among law enforcement agencies and stakeholders, guaranteeing their
safety, and advancing justice and accountability.

5.

The section emphasizes how important it is to strengthen ASEAN law


enforcement's ability to combat transnational crimes. As it has recognized the
complexity of these types of crimes, this initiative seeks to support law enforcement
in several ways, including investigation, intelligence gathering, surveillance,
detection, prosecution, and adjudication.

The availability of training on victim assistance and witness protection is one


of the important points that is emphasized by this action plan. This is important
because transnational crime witnesses and victims frequently run serious risks of
harm, punishment, and intimidation. The objective of ASEAN is to guarantee the
security and welfare of individuals engaged in criminal investigations and legal
procedures by offering specialized training in witness protection and victim
assistance. This encourages people to come forward and assist law enforcement,
which not only advances justice and accountability but also makes it easier to
prosecute transnational offenders.

Additionally, the Jakarta Center for Law Enforcement (JCLEC) and other law
enforcement official training facilities are being upgraded, according to the action
plan. The ASEAN Member States can equip law enforcement officers with cutting-
edge tools, resources, and knowledge to effectively combat transnational crimes by
enhancing and growing their training facilities. By acting as hubs for knowledge
sharing, skill enhancement, and capacity building, these modernized training facilities
help law enforcement officers stay on top of new threats and implement best practices
in crime prevention and detection.

Furthermore, the creation of Heads of Specialist Units within law enforcement


organizations for various domains indicates a dedication to proficiency and
knowledge in addressing particular categories of transnational crimes. ASEAN
Member States can expedite decision-making, coordination, and resource allocation in
areas like cybercrime, human trafficking, drug trafficking, and terrorism by
designating committed leaders to supervise specialized units. A more strategic and
focused response to the various challenges presented by transnational criminal
activities is made possible by this targeted approach.
National Security Council

The National Security Council is the President’s principal forum for national
security and foreign policy decision making with his or her senior national security
advisors and cabinet officials. Also, it is the President’s principal arm for coordinating
these policies across federal agencies.

The US National Security Council – Security Staff of the Obama


Administration has released its Strategy to Combat Transnational Organized Crime:
Addressing Converging Threats to National Security on July 25, 2011. This strategy
aims to combat transnational organized crime networks that pose a strategic threat to
Americans and US interest in key regions. It focuses on five overarching policy of
objectives: (1) protecting Americans and partners from harm; (2) helping partner
countries and strengthen governance; (3) breaking the economic power of TOC
networks; (4) defeating TOC networks that pose the greatest threat to national
security; and (5) building international consensus to defeat TOC.

1.

The section indicates the United States' comprehensive strategy to combat


transnational organized crime (TOC) and to lessen its associated threats. Understanding that
TOC is a complex issue with broad implications for international security, governance, and
economic stability, the strategy attempts to address the issue's numerous aspects using
concerted and multilateral efforts.

Increasing global awareness is one of the strategies of the main goal of TOC threat
The United States aims to mobilize international cooperation to effectively confront and
counter transnational criminal activity by raising awareness of the nature and extent of TOC
on a global scale. This entails stepping up international efforts thus to limit the influence,
improve border security, defend citizens, and preserve national interests and reach of TOC
networks.

In addition, the strategy seeks to remove TOC from its infrastructure and enabling
tools, including financial resources and corrupt networks. The United States aims to weaken
the economic influence of Transnational Organized Crime (TOC) and eliminate state-crime
alliances by interfering with the financial operations of TOC networks and enhancing
transparency and governance in partner nations. Thus, it upholds the rule of law, fosters
global good governance, and safeguards important markets and financial systems.

Furthermore, to effectively combat TOC networks, the strategy highlights the


significance of establishing international collaboration, multilateral cooperation, public-
private partnerships, business, finance, academia, civil society, and non-governmental
organizations. Through the utilization of a variety of resources, perspectives, and expertise,
the United States believes in improving its ability to undermine TOC networks, safeguard
populations, and preserve democratic principles, freedom, and human rights values.

Lastly, the strategy also emphasizes on how important it is to protect press freedom
and advance international laws against promoting or supporting crime in any form, including
cyberspace. To counter the impunity that TOC networks enjoy, the United States works to
strengthen its international efforts to combat criminal activities in both the physical and
virtual zones by promoting transparency, accountability, and adherence to the rule of law.

2.

This section emphasizes how important it is to address internal issues that promote
and support transnational organized crime (TOC), especially in the US. It highlights how
important it is to develop all-encompassing strategies that address the underlying causes of
TOC, such as the demand for illegal drugs, the flow of weapons and other illicit goods, the
demand for criminal proceeds, corporate and governmental corruption.

As mentioned in the article, the demand for illegal drugs in the US is one of the
primary causes of TOC. A substantial amount of the world's drug trade has driven by this
demand, which offers TOC networks a significant source of revenue. The President's
National Drug Control Strategy, which aims to curb drug use domestically, employs a variety
of strategies to combat this, including prevention, early intervention, treatment, and
innovative criminal justice initiatives. The United States seeks to undermine the financial
foundations of transnational criminal cartels (TOC) and limit their capacity to function and
grow by addressing the demand for illegal drugs.

This section also highlights the necessity of stopping the illicit flow of weapons and
criminal proceeds that support terrorist organizations. It entails that enhancing the ability of
law enforcement to enforce the law, supporting judicial systems, and fighting corruption both
locally and globally should be implemented. And by collaborating with foreign allies, the US
hopes to undermine transnational networks that enable the movement of money and illegal
goods across borders, thereby weakening TOC operations and lessening their influence on
international security.

The suggested measures also include steps to combat governmental and corporate
corruption, which can facilitate TOC operations. The primary goal of the United States is to
lessen the opportunities that terrorist organizations have to take advantage of the
vulnerabilities and avoid detection by encouraging accountability, transparency, and integrity
in both the public and private sectors.

Lastly, the commitment to enhance global cooperation in the fight against TOC has
shown by the pursuit of ratification of international conventions and protocols, such as the
Inter-American Convention against Illicit Manufacturing of and Trafficking in Firearms,
Ammunition, Explosives, and Other Related Materials. The United States seeks to undermine
the supply chains that support terrorist organizations (TOCs) and improve international
security by cooperating with other nations in the fight against the illicit trade in firearms and
related materials.

3.

This section provides an overview of the United States intelligence collection


priorities and efforts in combating transnational organized crime (TOC) since the attacks of
September 11, 2001. Understanding the increasing intricacy of the terrorist organization
(TOC) threat in the last fifteen years, the US wants to improve intelligence gathering and
cooperation with foreign and domestic law enforcement agencies. To obtain thorough
insights into TOC activities, this entails utilizing a variety of intelligence sources, such as
signals intelligence (SIGINT), human intelligence (HUMINT), and open-source intelligence
(OSINT). It draws attention to how the TOC threat continues to grow and emphasizes the
need to improve intelligence capabilities to effectively address this issue.

Moreover, the strategy highlights the goals and initiatives indicated to improve
intelligence against serious TOC threats to national security. This entails enhancing the
gathering of SIGINT and HUMINT, increasing the capacity for screening in TOC "hotspots,"
and creating procedures for interfering with TOC operations. To improve coordination and
cooperation in the fight against TOC, the US also aims to promote stronger collaboration
between intelligence analysts, collectors, and counterintelligence professionals.

Furthermore, it has also emphasized the creation of several operations coordination


centers and specialized intelligence centers to aid in the gathering of intelligence. These
include the Border Intelligence Fusion Section (BIFS) at the El Paso Intelligence Center
(EPIC), the National Bulk Cash Smuggling Center (BCSC), the International Organized
Crime Intelligence and Operations Center (IOC-2), the Organized Crime Drug Enforcement
Task Force Fusion Center (OCDETF), and the Special Operations Division (SOD). These
centers serve as vital hubs for information sharing, resource coordination, and assistance to
law enforcement agencies in their fight to disrupt and dismantle terrorist organizations and
their networks.

4.

The section provides insights into how transnational organized crime (TOC) is
changing and how the US is attempting to neutralize its detrimental effects on free markets
and financial systems around the world. It highlights how sophisticated and enterprising
transnational criminals are, operating outside legal and regulatory frameworks and thereby
posing a serious threat to market integrity and competitiveness.

The United States emphasizes on identifying, upsetting, and lessening the economic
clout of TOC networks through close observation of strategic and developing markets for
signs of criminal interest. This proactive approach seeks to prevent the breakdown of crime-
state alliances, increase business awareness to stop them from unintentionally aiding criminal
enterprises and put in place the necessary safeguards to protect legitimate investment and
trade flows.

The strategy further highlights the U.S. commitment to prevent certain forms of TOC
activity, such as cybercrimes and intellectual property rights (IPR) violations, which present
serious risks to society and the economy. The United States seeks to improve financial tools
and sanctions to close vulnerabilities, disrupt illicit financial networks, and apply pressure on
state entities that support terrorist organizations (TOCs) in recognition of the impact that
these crimes have on the economy, consumer health, and safety.

Additionally, a series of actions are suggested to strengthen the US response to TOC,


such as the introduction of new executive orders, raising awareness and encouraging private
sector participation, improving national and international capacities to combat cybercrime,
and assisting global initiatives via groups such as the Financial Action Task Force (FATF).
Legislative actions are also recommended to address beneficial ownership disclosure and
transparency, with the goal of improving corporate governance and accountability while
preventing the exploitation of legal entities for illegal activities.

5.

The section states that the US will work with law enforcement and other
organizations to target networks of terrorist organizations (TOCs) both locally and globally.
It highlights how important it is to build strong relationships with foreign allies in order to
successfully prevent, lessen, and eradicate TOC threats.

The use of consolidated TOC databases to provide precise intelligence on TOC


members, supporting criminal investigations and interdiction efforts, is one important feature
that is highlighted. Law enforcement agencies can gain a better understanding of TOC
networks, pinpoint important actors, and disrupt their operations with targeted actions by
utilizing extensive databases.

The strategy also highlights the value of multi-agency task forces in the fight against
TOC, such as the Border Enforcement Security Task Forces led by ICE. In order to
coordinate efforts, share intelligence, and carry out cooperative operations to address TOC
threats along borders and beyond, these task forces bring together a variety of law
enforcement agencies and stakeholders.
The plan also calls for collaborating with Congress to draft laws that will strengthen
forfeiture and anti-money laundering regulations and improve the prosecution of TOC
businesses. The goal of US legislation is to strengthen the framework for prosecuting
transnational criminal networks and preventing their illicit activities by strengthening law
enforcement capabilities and improving legal tools to combat TOC.

In addition, a number of other measures are suggested, such as using reward systems
to obtain information, refusing visas to corrupt foreign officials and those connected to the
terrorist organization (Terrorism Organization), including corruption investigations into
larger offensive operations, bolstering collaboration with international law enforcement
agencies, preventing drug trafficking, creating elaborate strategies to combat kidnapping for
ransom, and preventing the Terrorist Organization from accessing secure areas.

6.

The section illustrates how terrorist organizations (TOCs) engaged in drug trafficking
and other illegal activities present evolving challenges that are made easier by technological
and communications equipment advancements. These TOCs are present all over the world
and use highly developed technology along with financial resources to plan and carry out
their schemes in a more mobile and anonymous manner. Particularly along emerging
trafficking routes like those that pass through West Africa and into Europe, their activities
not only encourage drug trafficking but also expand corruption and threaten democratic
institutions.

In response to these threats, the US presents a thorough strategy centered on locating


and removing significant Terrorist Organization (TOC) networks through improved
cooperation between US law enforcement and their international counterparts. This entails
using the Foreign Narcotics Kingpin Designation Act's economic sanctions to target
international drug organizations and creating forceful, multi-jurisdictional strategies for
shutting down TOC networks.

In addition, the US points out its dedication to international collaboration in


preventing the world drug trade. This entails assisting with initiatives to reduce the
production of drugs, encouraging alternate forms of employment, and enhancing partner
countries' ability to stop drug trafficking. The United States seeks to undermine the financial
underpinnings of transnational organized crime (TOC) networks and weaken their
operational capabilities by reducing the worldwide supply and demand for drugs, cutting off
connections between the illicit drug and arms trades, and disrupting Consolidated Priority
Organization Targets (CPOs).
In order to stop the production and trafficking of synthetic drugs, the plan also calls
for shutting down newly established drug transit routes in West Africa and working with
international partners. The United States aims to lessen the impact of drug trafficking on
international security, stability, and public health by focusing on critical vulnerabilities in
TOC networks and interfering with their operations at different phases, from production to
distribution.

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