MCJ 4 REQUIREMENT

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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 to obtain 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 aimed at combating 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 Nations (ASEAN)
which is dedicated to fostering 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
the region.

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


strengthening the foundation for a prosperous and peaceful community of Southeast
Asian Nations in which their plans, strategies, and activities revolve around this
principle. Thus, in combating transnational crime the ASEAN member countries have
made concerted efforts, particularly on crimes 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

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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 the emerging threats and challenges of the
mentioned crimes as it can undermine the stability and security of the ASEAN
nations.

To combat these crimes, the ASEAN Member Countries have exerted their
efforts which focus on collaboration to strengthen the regional commitment and
capacity in eradicating 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. Its
objectives include cooperating 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 established objectives, the ASEAN Member states


are encouraged to cooperate and coordinate the action or priority areas in combating
transnational crimes. This includes the following:

1. National Strategies/Action Plan

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 the ASEAN Member States
by creating unified and coordinated national strategies. In order to combat crimes

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against women and children, law enforcement agencies should establish specialized
units that are aware of the particular vulnerabilities and complexities associated with
these offenses.

This section also highlights how important it is to review national laws and
policies 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 to
undermine the financial networks that sustain transnational criminal groups.

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. Ensuring transnational crimes are effectively
prosecuted and decided, 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 to provide safety, well-being, and access
to justice for those impacted by transnational crimes, as well as empowering them
throughout the legal process.

2. Legal Matters

This 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.

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This section also emphasizes the importance of creating regional legal
frameworks to handle new issues about 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 plan 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 among ASEAN Member States. ASEAN seeks to reinforce
the basis for regional cooperation in the fight against transnational crimes by
institutionalizing legal cooperation mechanisms.

Lastly, this plan 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. Information Exchange

This 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.

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This 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. Law Enforcement Matters

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.

This initiative also aims to address new security issues like terrorism and
radicalism. ASEAN seeks to moderate the spread of extremist ideologies throughout

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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.

This 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. Training and Institutional Capacity Building

This 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

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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.

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United States 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 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 interests in key regions. It focuses on five overarching policy
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.

Strategy to Combat Transnational Organized Crime

This 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

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upholds the rule of law, fosters global good governance, and safeguards important
markets and financial systems.

Moreover, 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.

1. Strategy to Combat Transnational Organized Crime: Start at Home: Taking


Shared Responsibility for Transnational Organized Crime

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, and 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 is 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

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enhancing the ability of law enforcement to enforce the law, supporting judicial
systems, and fighting corruption both locally and globally should be implemented. 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 been 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.

2. Strategy to Combat Transnational Organized Crime: Enhance Intelligence


and Information Sharing

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

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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.

3. Strategy to Combat Transnational Organized Crime: Protect the Financial


System and Strategic Markets Against Transnational Organized Crime

This 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

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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, to improve corporate
governance and accountability while preventing the exploitation of legal entities for
illegal activities.

4. Strategy to Combat Transnational Organized Crime: Strengthen Interdiction,


Investigations and Prosecution

This 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 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. 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, several 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

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elaborate strategies to combat kidnapping for ransom, and preventing the Terrorist
Organization from accessing secure areas.

5. Strategy to Combat Transnational Organized Crime: Disrupt Drug


Trafficking and Its Facilitation of Other Transnational Threats

This 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).

Furthermore, 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.

6. Building International Capacity, Cooperation and Partnerships

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This section outlines the United States' commitment to addressing transnational
organized crime (TOC) and promoting the rule of law on a global scale. It
underscores the importance of developing stronger law enforcement and criminal
justice institutions to foster self-sustaining international law enforcement capabilities
and cooperation among states.

One significant aspect highlighted is the United States' intention to encourage


international partners to dedicate political capital and resources to combat TOC
through multilateral diplomacy and bilateral partnerships. This includes establishing
the Organized Crime Contact Group and deploying law enforcement attachés to
missions abroad, facilitating direct communication and collaboration with
international counterparts.

Moreover, the United States aims to leverage legal instruments such as the UN
Convention against Transnational Organized Crime and protocols to obtain assistance
from international partners and raise international criminal justice, border security,
and law enforcement standards. By strengthening engagement with the United
Nations and leveraging regional and multilateral institutions, the United States seeks
to foster a coordinated global response to TOC.

Additionally, the United States plans to pursue cooperation with other


countries and partners across various platforms, including the European Union, G-8,
G-20, and new inter-regional platforms across the Pacific and Atlantic. By developing
informal partnerships with states that share U.S. goals, the United States aims to
prevent TOC networks from exploiting the benefits of globalization.

Furthermore, the strategy outlines initiatives aimed at raising international


awareness of TOC and fostering multilateral cooperation against it. This includes
launching a new International Police Peacekeeping Operations Support Program,
implementing public diplomacy strategies to reduce demand for illicit goods and
services, strengthening courts and civil society, combating corruption and illicit trade
through dialogue, building partnerships with donors, and increasing scientific research
to assess TOC's scope and impact.

United Nation Security Council

The United Nations Security Council (UNSC) is the primary


organization responsible for maintaining international peace and security. It has
several duties aimed at promoting stability and preventing conflicts. Upholding
international peace and security by the United Nations Charter is its primary

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responsibility. The council is ready to identify acts of aggression and threats to the
peace, and if required, to approve joint action and military action.

The Secretary General of the United Nations, Antonio Guterres, stated in the
briefing on Transnational Organized Crime, Growing Challenges & New Threats that
transnational organized crime poses a serious threat to peace, security, and sustainable
development in all areas in which it operates. He added that while cyberspace serves
as a virtual El Dorado for criminals, TOC operates in all nations, rich and poor, North
and South, developed and developing. Then he pointed out that it erodes the rule of
law, destabilizes law enforcement structures, and threatens the authority and
effectiveness of State institutions. Guterres concluded that while the Security Council
is essential to our overall effort to combat organized crime, cooperation and unity are
also necessary for it to be successful. He said, "We must commit to creating a more
peaceful and stable world in which organized crime has no place.

Three areas of focus were identified during the discussion: (1) strengthening
joint efforts and enhancing international collaboration to investigate and prosecute
organized crime groups, especially about cybercrime; (2) strengthening the rule of
law, which involves building inclusiveness and prevention by discussing cybercrime
and cybercriminals, promoting gender equality, and ensuring the protection of all
human rights.

The UN Security Council and UN System further discussed what has to be


done to combat the detrimental impacts of organized crime. It entails funding and
supporting enhanced data collection, incorporating anti-organized crime measures
into interventions and resolutions related to peace and security, advocating for the
inclusion of organized crime prevention in frameworks for sustainable development
cooperation, and maintaining awareness of the serious threat posed by transnational
organized crime.

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Executive Order No. 265 – DEFINING THE APPROACH AND
INSTITUTIONAL MECHANISM FOR THE GOVERNMENT’S
COMPREHENSIVE PROGRAM ON COMBATING TRANSNATIONAL
CRIME

This Executive Order is a comprehensive approach to combat transnational


crime. Fighting transnational crime requires tackling a wide range of offenses,
including cybercrime, piracy, drug trafficking, human trafficking, money laundering,
and other crimes that jeopardize security and stability. It must uphold the rule of law,
ensuring that law enforcement agencies function impartially while adhering to the
rights of suspects. For efforts to be effectively synchronized, coordination between
various government agencies is necessary. Effective crime prevention requires
community involvement, and it is the responsibility of agencies to inform and
empower local communities. Furthermore, it is essential to actively engage with
regional and global partners to coordinate efforts with essential agreements and seek
bilateral or multilateral cooperation.

This comprehensive program outlines how to combat transnational crime and


addresses components that are aimed at strengthening efforts to prevent, detect, and
prosecute these kinds of crimes.

The initial component focuses on creating a central, shared database to


improve information and intelligence gathering. This database would include case
files, profiles of people and organizations engaged in such activities, and crucial
information on international and national laws about transnational crime. Law
enforcement organizations can improve their capacity to find and prosecute criminals
by centralizing this data.

The second component emphasizes the significant value of strategic research to gain a
better understanding of the dynamics and structure of transnational crime. Formulate
more effective strategies, policies, and laws, this entails carrying out studies to
evaluate vulnerabilities in particular areas and sectors.

The third component involves stepping up law enforcement activities by


collaborating across agencies to create implementation plans and procedures that
work effectively together. By addressing both the supply and demand sides of

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transnational crime, this strategy seeks to improve the efficacy of law enforcement
initiatives.

The fourth component focuses on building the capacity and empowering major
stakeholders—law enforcement agencies, local governments, NGOs, civil society
organizations, and community leaders. Initiatives such as training programs are meant
to improve their capacity to counteract transnational crime and lessen its effects.

The fifth component emphasizes the significance of strengthening regional and


international cooperation. To more successfully address various aspects of crimes
with regional or international factors, entails offering technical assistance, sharing
information, taking part in regional and international forums, and forming
agreements.

Overall, the program acknowledges the complex nature of transnational crime


and aims to address it comprehensively at the national, regional, and global levels
through coordinated efforts, research, capacity-building, and collaboration. But a
program like that would only be as good as its implementation, distribution of
resources, and ongoing support from everyone involved.

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Conclusion

Transnational crimes refer to criminal activities that cross national borders. It


frequently involves sophisticated networks that exploit gaps in the capabilities of law
enforcement and legal systems. Combating transnational crime is a complicated and
diverse issue which is why governments, international organizations, law enforcement
agencies, civil society, and other involved institutions must work together.

In summary, the ASEAN action plan emphasizes the importance of


cooperation among stakeholders for efficient information sharing on transnational
crimes. ASEAN commits to enhancing regional cooperation and coordination by
accelerating the implementation of international instruments, developing regional
legal frameworks, and harmonizing national policies. This multifaceted strategy aims
to strengthen resources, foster stakeholder collaboration, and utilize technological
innovations to effectively combat transnational criminal activities. The designation of
Police Attachés and improved coordination between law enforcement organizations
signify an important step toward addressing the complexities of transnational crimes.
By investing in training, modernizing facilities, and forming specialized units,
ASEAN aims to strengthen regional security and uphold legal principles to combat
evolving threats posed by transnational criminal networks.

On the other hand, the US strategy against transnational organized crime is a


determined effort to tackle a major challenge to global security. It aims to dismantle
terrorist organizations, protect national interests, and promote freedom and justice
worldwide through coordinated action and alliances. The strategy includes addressing
the root causes of organized crime domestically, targeting drug demand, weapons and
money trafficking, and corruption. Cooperation with international partners and
adherence to conventions strengthen the collective response. The US is committed to
enhancing intelligence gathering and cooperation to counter the evolving threat of
organized crime, emphasizing the importance of maintaining the rule of law and
protecting citizens. Additionally, the strategy involves various approaches such as
focusing on specific criminal activities, strengthening financial tools, fostering

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partnerships, and utilizing technology to disrupt criminal networks and prevent their
operations. Furthermore, the US employs a multifaceted and collaborative strategy to
combat trafficking organizations and mitigate their negative impacts on communities
and national security. Overall, the United States plan aims to generate greater
collective action, joint cases, and common strategic approaches with international
partners to combat transnational criminal threats effectively. By strengthening
cooperation, promoting legal standards, raising awareness, and implementing targeted
initiatives, the United States seeks to strengthen the global response to TOC and
uphold the rule of law worldwide.

Lastly, the Philippine government's commitment to fighting transnational


crime through a comprehensive and coordinated approach involving different
stakeholders at the national, regional, and international levels is reflected in Executive
Order 265. It is significant because it offers a thorough framework for preventing
transnational crime, setting emphasis on international cooperation, coordination,
capacity building, adaptability, and conformity to international standards. The
effective implementation of Executive Order 265 could improve the Philippines'
capacity to address the barriers presented by transnational criminal activities while
facilitating its participation in regional and international security efforts.

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Recommendation

In this mini investigation, the plans, actions, and strategies by ASEAN and
National Security have been addressed previously in the methods for preventing
transnational crimes. However, given how difficult and multi-national the fight
against these crimes is, these plans might not even be completely effective.
Additionally, from what I have read, transnational crimes only refer to certain crimes
like terrorism, smuggling, drug trafficking, piracy, and human trafficking which
cybercrime does not seem to be entirely addressed in these articles.

With technology encompassing every aspect of our lives in the digital age, the
rise of cybercrime has become a serious concern. Cybercrime is the term used to
describe illegal activities carried out using computers or the internet. It includes a
broad range of unlawful acts, including online fraud, identity theft, hacking, malware
distribution, and cyberterrorism. It is necessary to have discussions about cybercrime
because, in today's world, crimes occur both in the physical world and over the
internet. Also, it is a growing threat to individuals, businesses, governments, and
society which can result in losses of money, damage to one's reputation, and
disruptions. It seriously jeopardizes privacy rights, trust, and inequality, especially
affecting vulnerable groups with little access to cybersecurity. It also has a big impact
on political stability and national security.

Combating cybercrime is also complicated. However, as I have researched how


to combat this crime there are ways or strategies to prevent or lessen its threat. First,
the United States Department of Justice has given their strategies on how they will
respond in case of cyberattacks and how to prevent it. Initially, in deterring,
disrupting, and preventing cyber threats they improve their own technological and
research skills. The Department finds new sources of intelligence and evidence,
supports the private sector and other government agencies, and addresses
vulnerabilities in the supply chain. Furthermore, the Department continues to develop
new methods for identifying cyberattacks, responding to and interacting with victims
and targeted organizations, and offering intelligence to assist victims in getting better
and strengthening their defenses. Lastly, they make investments in hiring, training,
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and capacity building as they continue to expand their cyber expertise. Next, they plan
to enhance interagency and international collaborations to combat cybercrime,
strengthen relationships with similar countries, and leverage the National Cyber
Investigative Joint Task Force (NCIJTF). They also collaborate with the private sector
and academia to improve information sharing and encourage reporting of cyber
activity.

Fighting cybercrime in the Philippines may be more difficult since these


crimes are harder to identify and most victims of cybercrime do not report them to the
proper authorities. Nonetheless, there exist specific strategies for countering
cybercrime within the Philippine context. The Cybercrime Prevention Act of 2012
should be amended first to handle new cyber threats like identity theft, online fraud,
and cyberterrorism. The next step in the fight against cybercrime is to train and
strengthen the capacity of law enforcement organizations, judges, prosecutors, and
other stakeholders. Training in digital forensics, cybercrime investigation methods,
and the utilization of technological tools for gathering and analyzing evidence are all
included in this. In addition, public awareness campaigns should be started to inform
people about the dangers of cybercrime and to advance cybersecurity best practices.
This entails educating people about prevalent cyber threats, such as phishing schemes
and social engineering techniques, and offering advice on how to safeguard personal
data while doing business online.

To conclude this recommendation, the Federal Bureau of Investigations gives


cyber safety tips which include the following:

1. To stop malware infections and other cyberattacks, it first illustrates how


important it is to install reliable antivirus software and keep systems and software up
to date.

2. Be cautious against using public Wi-Fi networks since they may be


unreliable and vulnerable to eavesdropping. When using public networks, users are
advised not to carry out sensitive transactions like online purchases.

3. It is suggested the significance of setting up multi-factor authentication


whenever attainable and coming up with strong, one-of-a-kind passwords for every
online account to strengthen security.\

4. Users should be cautious to double-check email addresses and website URLs


before replying to messages or clicking on links because phishing scams are a

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common way that cybercriminals trick people into installing malware or disclosing
personal information.

5. It is suggested that users should be cautious in opening any attachments or


clicking any links in unsolicited emails or texts as they might contain harmful
attachments.

6. Users are advised not to share too much information on social media and
online profiles, as scammers may use it to guess passwords or answers to security
questions.

In general, the paragraph offers individuals a helpful plan for improving their
cybersecurity knowledge and implementing best practices to safeguard themselves
against online threats in a world going digital.

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