Transnational Criminal Activities Research Articles

Cryptocurrency and its Nexus with Money Laundering and Terrorism Financing within the Framework of FATF Recommendations

Cryptocurrency has emerged as a viable alternative to conventional payment systems, offering its users notable advantages such as cost efficiency and rapid transaction processing. However, cryptocurrencies’ decentralized nature, anonymity, and susceptibility to cyber threats introduce the potential for their exploitation in illicit activities, notably money laundering and terrorism financing (ML/TF). This scholarly investigation seeks to investigate the roles played by international organizations actively combating such criminal activities. In this academic context, a meticulous consideration of the inherent risks associated with the aforementioned criminal endeavors is undertaken, aligning with the guidelines and recommendations set forth by the Financial Action Task Force (FATF). The study underscores a significant finding that cryptocurrency accounts can be opened anonymously, with no centralized registry to monitor cryptocurrency ownership. This characteristic poses a formidable challenge in confiscating funds linked to terrorist activities. Even in instances where cryptocurrency transactions may be traced, accessing this critical data necessitates the involvement of third-party entities, given that cryptocurrency transactions are recorded in decentralized ledgers spanning multiple jurisdictions. Furthermore, the study underscores the imperative of coordination and information exchange as indispensable elements in the ongoing battle against organized and transnational criminal activities, specifically ML/TF. Moreover, the study elucidates the incongruence between cryptocurrency and FATF regulations governing electronic fund transfers, as cryptocurrencies can make transactions through opaque and unregulated conduits, such as the deep web.

Basic Theory and Applicable Ideas of Extradition

Extradition, which originates from treaties and agreements between bilateral and multilateral countries, helps to combat transnational criminal activities and is one of the important rules of modern international law. This paper has sorted out the connotation and application premise of extradition system, and discussed some exceptions. At the same time, this article combines the national situation, with the Jiangge case as a case study, sorting out the internalization of the extradition system in China's domestic law and specific performance.

Analisa Yuridis Penerapan Hukum Pidana Internasional Terhadap Tindak Pidana Pencucian Uang Nasional

Its implementation and application require the use of the TPPU Law by relying on the initial crime or primary crime, the main crime according to investigators and prosecutors is part of the formal and material requirements in an event file, for its fulfillment if it is incomplete it can be considered unable to carry out prosecution by prioritizing formal processes. Money laundering cases are rarely charged under the TPPU Law because the charges given are not cumulative charges, and are only limited to the initial crime, complicated bureaucracy and difficult communication between agencies due to the integrity that does not exist between judicial institutions as a criminal justice system, lack of socialization process and regarding the anti-money laundering regime to investigators, public prosecutors, and PPATK. The problem in this study is how to apply international criminal law to money laundering. The application of International Money Laundering into Indonesia's national criminal law depends on compliance with international treaties governing transnational criminal activities. This agreement has been approved and implemented by the legal and regulatory framework of the country. This impact is seen in lawmaking, the passing of Presidential Decrees, and the legal doctrine articulated in this agreement. The Money Laundering Act serves as an example of domestic criminal legislation promulgated as a means of enforcing international conventions

Exploring the Role of the Criminal Justice System in Combating Human Trafficking in Pakistan

This research article examines the multifaceted phenomenon of human trafficking within the context of Pakistan's criminal justice system. The phenomenon of human trafficking, in conjunction with associated concerns such as human smuggling and unauthorized migration, poses a multifaceted dilemma influenced by a range of socio-economic factors. The research investigates the complexities of human trafficking, examining its conceptualizations, expressions, and fundamental origins. Considerable emphasis is placed on the involvement of the criminal justice system in tackling the issue of human trafficking, encompassing activities such as prosecution, victim assistance, and preventive measures. This study critically examines the efficacy of Pakistan's criminal justice system in addressing the issue of human trafficking, drawing upon relevant scholarly literature and empirical research. Furthermore, the study underscores the significance of global cooperation and collaboration in addressing this transnational criminal activity. In the conclusion section, the author underscores the need for comprehensive approaches that prioritize victim protection, legal enforcement, and addressing root causes to effectively combat human trafficking in Pakistan and beyond.

The basis of countering crimes in the sphere of trafficking in persons - the most important dangerous manifestation of transnational criminal activity

The basis of countering crimes in the sphere of trafficking in persons - the most important dangerous manifestation of transnational criminal activity

Patterns of Transnational Crime in The Border of Sulawesi Sea - Sulu Sea and Threats to Indonesia’s Maritime

The rise of transnational crime cases in globalization is fatal if countries with maritime areas do not notice it. It is undoubtedly very influential with the threat to the security of the country's territory. Many transnational crime cases arise in the area between the Sulu Sea and the Sulawesi Sea belonging to Indonesia and the Philippines. The case came from these two countries and other countries both in the Region and those not included in the Southeast Asia Region and has confused the maritime area of the Sulu Sea with the Sulawesi Sea. Not only is the threat coming for the Philippines, but the one that has the most impact is the Indonesian defense area because of the emergence of maritime security threats. So, the concept used to find the many patterns of transnational crime cases has emerged using "maritime security" from Christian Bueger. He explained that the understanding of maritime security is disrupting in terms of defense and terms of economic, political, and geo-strategy. From the analysis and mapping of transnational crime patterns in the Sulu Sea - Sulawesi Sea, it is still a threat to Indonesia's maritime security if Indonesia does not strengthen its defense and minimize transnational criminal activities in the Philippines' border sea area and Indonesia. Literature studies and field research are methods used to analyze maritime security themes.

Exploring maritime diplomacy of small island developing states in Africa: cases of Mauritius and Seychelles

ABSTRACT Maritime diplomacy remains a poorly defined concept despite the fact that the maritime domain carries implications for the ways in which states relate to one another both in the past and in the contemporary era. Nonetheless, for many states, the maritime domain has come to hold increasing importance as it intersects with present environmental, economic, and security concerns. This is particularly true in Africa, where many states see the Blue Economy as their next economic frontier, presenting manifold opportunities for growth, but which are in turn threatened by transnational criminal activity, and, the universal challenge of climate change and environmental degradation. This article details the concept of maritime diplomacy and attempts to provide a typology for a deeper understanding of this form of diplomacy. It then considers the practical application of maritime diplomacy by the small island developing states in Africa, providing Mauritius and the Seychelles case studies.

Chasing Geographical and Social Mobility: The motivations of Nigerian madams to enter indentured relationships

This article draws from interviews with Nigerian women convicted of trafficking for sexual exploitation in Italy to challenge the simplistic public narrative of traffickers as ruthless foreign men who coerce naïve women into migration and sex work. Madams’ narratives shed light on a reality of trafficking where both traffickers and victims share similar desires to overcome constraints imposed on their geographical and social mobility through their migration to Europe. Therefore, the article calls for the inclusion of traffickers’ perspectives into the knowledge on human trafficking, which is mainly victim-centred and justifies the current anti-trafficking approach aimed at victims’ protection and traffickers’ punishment. In the research context, taking into consideration the perspectives of all trafficking actors involved suggests the need to rethink Nigerian women’s indentured migration to Europe through sex work (and policies around it) in terms of attempts to achieve geographical and social mobility rather than transnational criminal activities. Finally, the article provides recommendations on how to address these issues both within the current anti-trafficking policy domain and beyond it, by calling for more open borders.

ECOWAS Protocol on Free Movement of People and Goods: Its Implications for Nigeria’s National Security

The formation of ECOWAS was a bold attempt to stimulate interdependence and regional integration in West Africa. The central objective of the organization was to promote cooperation and development in economic, political, social and cultural affairs among member states. As part of the efforts to achieve its central objective ECOWAS member nations adopted, ratified and put into effect the 'Protocol on Free Movement of Persons, Right of Residence and Establishment. The protocol was directed at eliminating barriers to free trade including the removal of obstacles to the free movement of goods, capital and person. Without much doubt, the protocol on free movement has eased the movement of persons, enhanced mobility, and promoted closer cooperation and policy coordination among community members and their citizens. However, the protocol is not without its drawback, the most important of which is the fact that the unhindered movement of people that it promotes directly and indirectly generates threats to national security. Informed by this position, this paper examines ECOWAS protocol on the free movement of persons and its negative implications on Nigeria's national security within the context of the tenuous security challenges arising from terrorist insurgency and transnational criminal activities in the sub-region.

Stumbling upon places and cultures: An involuntary ethnography in researching the Australian ‘ndrangheta

In the past decade, the attention to the Calabrian mafia, the ‘ndrangheta, has been rekindled everywhere in the world. On the one hand, Italian attention to the phenomenon has increased; on the other hand, the mobility of the Calabrian clans has been the object of scrutiny in view of the clan’s wealth and ability to commit transnational criminal activities. This has also fed the presumption that (alleged) offenders of Calabrian origins around the world must belong to, and replicate the structure of, the ‘ndrangheta clans, also down under. This contribution will be a reflection on the difficulties and the complexities of a journey into researching the ‘ndrangheta in Australia from a criminological–anthropological perspective, in consideration of—but in contrast with—the mythical figures associated with the Calabrian mafia and its illicit global markets. Some of the difficulties, as well as some of the mistakes that I have made in this research, because of the involuntary (and disorganized) nature of the ethnography, directly question the narrative of the illegal global reach of this mafia and provide methodological reflections and lessons for criminological ethnographies.

The nature of MS-13 in the American context: a transnational comparison

ABSTRACT By focusing on the case of Northern Virginia (NOVA) and comparing it to the countries of the Central American Northern Triangle, this article argues that, in contrast to the dominant narrative, MS-13 in NOVA is a fragmented criminal organisation without much capacity to engage in sophisticated, transnational criminal activities. This piece “brings the State back in” to show that strong State capacity, grounded in a combination of coercive and infrastructural powers, allows us to understand the weakness of MS-13 in NOVA. These findings are supported by interviews with experts, members of law enforcement, and public officials.

Disguised Foreign Controlled Companies and the Facilitation of Transnational Criminal Activities in Thailand

The primary objectives of the study are to examine the role of a business using Thai nationals as nominee shareholders in foreign-controlled companies in the facilitation of the transnational criminal groups’ activities in the tourist destinations, and their social and economic impacts on the country. Nominee shareholder appointment in a legal entity has commonly been recognized as one of the techniques employed by criminal groups to launder and obscure the ownership of their illegal assets. However, this study points out that this type of company also performs other functions in providing resources and a platform for criminal groups to further their goals. The study used mixed methods by gathering qualitative data through conducting in-depth interviews and focus groups with 55 participants from relevant government agencies and private sectors, and by gathering quantitative data through conducting public surveys consisting of 1,160 participants from six provinces across five different regions in Thailand. The study concluded that there is a strong need for the country to improve monitoring mechanisms through legal changes, and collaborations among public, private and civil society as the practice of nominee shareholder appointment, although perceived as a normal practice in the global field of business, such a practice can invite unintended consequences, which can be a serious cause of concern due to the links with illegal activities operated under the umbrella of transnational organized crime.

COOPERATION BETWEEN INDONESIA-PHILIPPINES ON COMBATING DRUGS IN ASEAN [KERJA SAMA INDONESIA-FILIPINA TERHADAP PEREDARAN NARKOTIKA DI ASEAN

<p>The cooperation between the Republic of Indonesia and the Republic of the Philippines in regards to combating the illicit drug trade signed in 2015 was an extension to the 2010 bilateral agreement to combat transnational organized crime. So far, this cooperation with the Republic of the Philippines hasn’t been successful in reducing the number of drugs being trafficked to Indonesia. Instead, Indonesia has shifted from being a transit hub to a lucrative market for the international illicit drug industry. Thus, this research is aimed to identify and analyze the reasons behind Indonesia’s decision to extend the latter in 2015 and the implementation of this new agreement with the Philippines in regards to Indonesia’s effort on combating the illicit drug trade in Southeast Asia. This research applies the qualitative descriptive approach in this research, especially on the concepts foreign policy and bilateral security cooperation, achieved through both literature studies and interviews. Results of the research showed that the continuous rise of Indonesia’s drug trafficking numbers and the profits being used as funding for other transnational criminal activities such as but not limited to terrorist groups, serves as the foundation behind Indonesia’s decision in its bilateral agreement of intelligent and best practice exchanges with the Republic of the Philippines in regards to combat drug trafficking, which has positively impact Indonesia’s capability on combating the illicit drug trade in the Association of Southeast Asian Nation (ASEAN).</p><p> </p><p><strong>Bahasa Indonesia Abstract:</strong> Kerja sama antara Republik Indonesia dengan Republik Filipina berkaitan dengan upaya melawan perdagangan narkotika ilegal yang ditandatangani pada 2015 merupakan kelanjutan dari kesepakatan bilateral untuk melawan kejahatan transnasional yang terorganisir pada 2010. Sejauh ini, kerja sama dengan Republik Filipina tersebut masih belum berhasil mengurangi jumlah narkotika yang diperdagangkan secara ilegal di Indonesia. Bahkan, Indonesia justru beralih dari peran sebagai “terminal penghubung” menjadi pasar yang sangat menjanjikan bagi industry perdagangan narkotika ilegal. Sehingga, penelitian ini bertujuan untuk mengidentifikasi dan menganalisis alasan-alasan dibalik keputusan Indonesia untuk melanjutkan proses kerja sama pada 2015 serta implementasi dari kesepakatan baru dengan Filipina tersebut dikaitkan dengan upaya-upaya Indonesia dalam melawan perdagangan narkotika ilegal di Asia Tenggara. Penelitian ini mengaplikasikan pendekatan kualitatif deskriptif, terutama yang berkaitan dengan konsep kebijakan luar negeri dan kerja sama keamanan bilateral, yang dicapai melalui studi pustaka dan wawancara. Hasil dari penelitian ini menunjukkan bahwa peningkatan angka perdagangan narkotika ilegal di Indonesia yang berkelanjutan serta keuntungan yang digunakan sebagai pendanaan terhadap aktivitas kejahatan transnasional lainnya (terutama dan tidak terbatas kepada kelompok terorisme) adalah fondasi dibalik keputusan Indonesia terhadap kesepakatan bilateral dengan Republik Filipina di bidang pertukaran intelijen dan praktik terbaik sebagai upaya melawan perdagangan narkotika ilegal. Hal ini memberikan dampak yang positif terhadap kapabilitas Indonesia dalam melawan perdagangan narkotika ilegal di kawasan Asia Tenggara melalui ASEAN.</p>

Illegal Crossing of the Russian Federation State Border in the Siberian Federal District: Criminal Activity and Problems of Investigation

The authors discuss the features of transnational criminal activity on the example of one of its varieties in the Siberian Federal District of the Russian Federation to highlight the criminal situation and criminal activity associated with illegal crossing of the Russian Federation state border. For the analysis of the specified criminal activity, sentences of courts of the District were studied and analyzed. The geographical factors influencing implementation of this criminal activity in the constituent entities of the Siberian Federal District, ways of crime concealment, combinatorics of various crimes and offences in the course of implementation of criminal activity, and also its long-term character showing in some cases are considered. Discussion of this issue can contribute to a more effective investigation of the considered category of crimes

Lines, Flows and Transnational Crime: Toward a Revised Approach to Countering the Underworld of Globalisation

This article proposes a paradigm shift in the means and methods of combating transnational criminal activity. It contends that global illicit flows, engineered by organised crime on a massive scale, alongside lawful trade and travel, represent a principal challenge to public safety and civic order. It proposes further that the Westphalian territorial state system, with its complement of multilateral regulatory and law enforcement organisations, is not equipped to meet the challenge effectively. The article advances a series of propositions in support of developing a revised approach to confronting transnational criminal activity.

Collaborative Border Management

This article challenges the conventional approach to border management, which despite many innovations in recent decades still involves unilateral efforts to protect territorial boundaries. A better alternative for neighbouring country-dyads, wherever the prospect of war has become implausible, is collaborative border management. This approach involves extensive, deep collaboration to facilitate legitimate trade and travel through authorized ports of entry, combat transnational criminal activity, and manage crossborder ecological resources.

Linking Drug Trafficking to Insecurity and Conflict Dimensions in West Africa: A Comparative Analysis of Guinea- Bissau, Guinea Conakry and Nigeria

There has been a rising trend of insecurity and conflict dimensions in the West African region beginning from 2010. This has sparked concerns that such threats could derail hard-won economic gains and undermine future development in the region. This study employed a desk-review research approach with the reports and evaluations obtained from secondary sources of data analyzed through content analysis. This study found that even though drug trafficking is linked to security threats and conflict dimensions like terrorism, arms trafficking, money laundering, human trafficking, small arms and light weapons, drug-funded violence and other transnational criminal activities, the countries under comparison however share some differences and common feature of multiple layers of insecurity associated with conflicts and crime. The study therefore recommend that the Guinea-Bissau, Guinea-Conakry and Nigeria respectively should step up strategies that focuses on human security provisioning as a baseline for tacking insecurities generated by the drug trade.

ASEAN-China Security Relations: Traditional and Non-Traditional Aspects

Both ASEAN and China used the concept of Non-Traditional Security (NTS) in order to pursue security diplomacy in the Asia Pacific. For ASEAN, NTS is an area of security cooperation that allows it to drive the agenda of security architectures involving extra-regional powers such as the ASEAN Defense Ministerial Meeting Plus (ADMM+) and ASEAN Regional Forum (ARF). For China, NTS policy agenda allows it to gain acceptance among ASEAN member-states and an active role in the security agenda of ASEAN-led security architectures. The question that this article is pursuing is to what extent has ASEAN-China cooperation on NTS balanced between addressing the humanitarian aspect and the political objectives of security? This question is derived from the conceptual origin of NTS that stands on the importance of both the state and the individuals as the referent subjects of security. This article argues that ASEAN-China NTS cooperation emphasized more towards the strengthening of state’s capacity to deal with non-state actors’ transnational criminal activities, either for profit-seeking or subversive purposes. It is also apparent from evaluating the Memorandum of Understandings and Plans of Action between ASEAN and China that NTS cooperation is one China’s investments to engage a closer cooperation with ASEAN as well as a stronger presence in Southeast Asia’s strategic environment.

The Role of Organized Crime in Financing of Terrorism and Extremism

In the modern world there is an active financial interaction of organized crime and terrorism (extremism). In some cases, transnational criminal organizations specializing in common crimes are becoming sponsors of terrorist and extremist organizations. More often, however, transnational terrorist and extremist organizations in search of income begin to actively participate in transnational criminal activities of a common criminal nature (drug trafficking, illegal money transfer). The article outlines the main regularities of the intertwining of criminal crafts and terrorist (extremist) activities, connected mainly with the ideas of radical Islam (Islamism). Specific examples of the activities of Russian law enforcement agencies in suppressing the financing of terrorism in the 2010s are given. It is concluded that in the coming years, Russia will be bringing closer and intertwining such institutions as Islamist terrorism, legal and illegal migration from Central Asia, smuggling of drug trafficking and criminal financial transactions (hawala).

Trafficking in Persons & Transit Countries: A Canada-U.S. Case Study in Global Perspective

International trafficking in persons is often facilitated by the movement of victims through one or more transit countries in order to reach a destination country where the victim will ultimately be subjected to sexual exploitation or forced labour. Despite this recognized pattern, there has been a relative lack of attention paid to the response of transit countries in addressing their role in this transnational criminal activity and systematic human rights abuse.This working paper begins by identifying several characteristics common to transit countries, including: (1) geographic proximity by land, sea, or air to attractive destination countries; (2) insufficient legislation and weak enforcement against trafficking in persons and migrant smuggling; (3) liberal immigration policies; and (4) an operational criminal infrastructure to facilitate illegal entry to, and exit from, a country. The case study of Canada as a transit country to the United States is presented, both to better understand the nature of the problem between these two jurisdictions and to explore the responses that officials have provided to date.Transit countries face heightened challenges compared to origin and destination countries, particularly with respect to distinguishing between trafficked persons and smuggled migrants. By synthesizing the legal obligations in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol Against the Smuggling of Migrants by Land, Sea and Air into terms that are relevant to transit countries, a comprehensive set of standards emerge to enhance their ability to prevent trafficking, prosecute traffickers and protect victims. Policies and programs that have been adopted by some transit countries are then highlighted, demonstrating how these standards can be implemented to engage transit countries in a more comprehensive response to trafficking in persons.While Canada and the United States have undertaken important bilateral efforts to combat trafficking in persons, the following recommendations are proposed to improve their joint response, including:1. Increase training and capacity of border officials to identify potential trafficking victims in transit;2. Continue to cooperate in joint enforcement activities to disrupt illegal movement across the shared border;3. Enhance mutual legal assistance and engage in cross-border human trafficking investigations and prosecutions to dismantle the entire network involved in identified cases;4. Ensure victims of human trafficking in transit are afforded assistance and protection, including support made increasingly available through enhanced cross-border cooperation between governmental and non-governmental victim support organizations;5. Build public awareness in border areas about human trafficking, the needs of victims, and information on where to report suspicious activity; and6. Cooperate with major source countries as well as enhance trilateral cooperation between Canada, the United States, and Mexico to prevent human trafficking.