Terrorism and Transnational Crime
Terrorism and Transnational Crime
and crimes that are intrastate but offend fundamental values of the international community.
Examples of transnational crimes include: human trafficking, people smuggling,
smuggling/trafficking of goods (such as arms trafficking and drug trafficking and illegal
animal and plant products and other goods prohibited on environmental grounds (e.g. banned
ozone depleting substances), sex slavery, terrorism offences, torture and apartheid.
Terrorism and Transnational Crime
Transnational crimes-such as human trafficking and cybercrime-transcend borders, including
the borders of the United States. ICITAP provides technical assistance and training that
improves the capacity of foreign governments to fight transnational crime and, in turn,
advances the U.S. National Security Strategy and other interests of the United States. This
includes programs that help other nations combat:
Terrorism
International drug trafficking
Organized crime
Commercial sexual exploitation of children
Human trafficking
Money laundering
Cybercrime
ICITAP's assistance is geared to the specific nature of organized crime in the host country
and its region. Training can cover infiltration, corruption, managing informants, witness
protection, electronic surveillance, undercover operations, and the use of task forces.
Programs
Here are a few examples of ICITAP's work in helping law enforcement institutions around
the globe combat transnational crime:
Organized Crime and Gangs
ICITAP provided forensics equipment to laboratories in Bulgaria—a major hub in the
"Balkan Route" for transport of narcotics from the Middle East—to help Bulgaria in its fight
against organized crime. In Tajikistan, ICITAP's work addresses the growing concern over
narcotics trafficking; in 2007, for example, the quantity of heroin seized by the Tajikistan
government—with assistance from the international community—made it one of the top
three countries in the world for narcotics seizures. In Colombia and Ukraine, ICITAP
provided computer forensics training to improve the collection of evidence from hard drives,
cells phones, and PDAs used in money-laundering operations.
Trafficking in Persons
Cybercrime
Counterterrorism
ICITAP works with key allies to combat terrorism, including assisting the FBI with the
Global Fingerprint Initiative. In Bosnia-Herzegovina, ICITAP has provided training to
counterterrorism investigators who have successfully applied the training in domestic
terrorism cases. In the Philippines, graduates of ICITAP's crime scene specialist course
began using their skills immediately to identify suspected terrorists.
Economic crime is usually confused with another term, corruption. There are different
definitions of what is corruption. Each definition illuminates different dimensions of the
phenomenon to be studied, influencing the analysis and prosecution tasks to be
implemented. A first definition focuses on public ethics. Here, corruption is defined as an
ethical confusion between public and private space. A second vision relates the problem of
corruption to the lack of transparency of the state, may that be it in the form of barriers to
access public information or the pinpoint hiring opportunities to certain companies in the
area of goods and services. However, there is a third definition, which is the one that we as
an organization promote: corruption is one of the many parts of a more complex and
more comprehensive criminal phenomenon, which is economic crime. Therefore, our
vision is not limited to crimes committed in the public sector, but also extends to those
perpetrated by economic actors in the private sector.
Thus, economic crime covers a wide range of offenses, from financial crimes committed
by banks, tax evasion, illicit capital heavens, money laundering, crimes committed by public
officials (like bribery, embezzlement, traffic of influences, etc.) among many others.
Moreover, selective and inefficient prosecution of this type of crimes and those responsible,
evidence the structural impunity in our judicial system towards this criminal activity. Of
course, this is linked to the fact that economic crimes are often carried put by powerful
actors linked to political and economical power.
Economic crime is generated from a hidden power that defines the relationships between
economics and politics. Financial liberalization and market reforms undertaken in Argentina
in recent decades, left as a result a gradual process of institutional state capture by major
economic groups. This capture is now expressed in a powerful influence of these economic
actors in the decision making processes, the implementation of public policies and
distribution of economic and social resources.
ASSET misappropriation, bribery and corruption, as well as customer fraud are among the
biggest economic crimes in the Philippines. This is according to Alex Tan, PwC Malaysia’s
partner for forensics services and risk consulting leader, who discussed “PwC’s Global
Economic Crime and Fraud Survey — The Philippine Report” during the Management
Association of the Philippines’ 5th online general membership meeting on Tuesday. “What
are the top frauds in the Philippines? Asset misappropriation, which is another word of
stealing the money. Bribery and corruption and then lastly customer fraud,“ he said.
According to the survey, asset misappropriation fraud continues to be the most disruptive to
Philippine businesses, with at least 26 percent or one out of four businesses having
experienced it since 2018. Meanwhile, bribery and corruption picked up again over the last
24 months to 21 percent in 2020 from 18 percent in 2018 but lower than 25 percent in 2016.
While Tan did not provide the survey results for customer fraud, he noted that this type of
fraud was increasing, especially during this Coronavirus disease 2019 (Covid-19) pandemic.
“That is fraud committed by your customers by you and it could also be in collusion with
your staff members or so forth,” Tan said. “And when we looked at what sort of level in the
organization committed the fraud for the Philippines, it was primarily middle management,”
he added. The survey pointed out that internal perpetrators are mostly from middle
management and to some extent, operations staff. It said “middle management, to a certain
degree, may have more fraud opportunities than both senior management and operational
staff. At the same time, the pressure coming from above and below can motivate them to
commit fraud.”
MAXIMUM TOLERANCE
"Maximum tolerance" means the highest degree of restraint that the military, police and
other peace keeping authorities shall observe during a public assembly or in the dispersal of
the same.
(b) As an exception to the general principle of public hearings, the court may, to protect the
victims and witnesses or an accused, conduct any part of the proceedings in camera or allow
the presentation of evidence by electronic or other special means. In particular, such
measures shall be implemented in the case of the victim of sexual violence or a child who is
a victim or is a witness, unless otherwise ordered by the court, having regard to all the
circumstances, particularly the views of the victim or witness;
(c) Where the personal interests of the victims are affected, the court shall permit their views
and concerns to be presented and considered at stages of the proceedings determined to be
appropriate by the court in manner which is not prejudicial to or inconsistent with the rights
of the accused and a fair and impartial trial. Such views and concerns may be presented by
the legal representatives of the victims where the court considers it appropriate in
accordance with the established rules of procedure and evidence; and
(d) Where the disclosure of evidence or information pursuant to this Act may lead to the
grave endangerment of the security of a witness for his/her family, the prosecution may, for
the purposes of any proceedings conducted prior to the commencement of the trial, withhold
such evidence or information and instead submit a summary thereof. Such measures shall be
exercised in a manner which is not prejudicial to or inconsistent with the rights of the
accused and to a fair and impartial trial.