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Illicit Goods
1
Definition
Transnational crimes are violations of law that involve more than one country in their planning, execution, or impact.
These offenses are distinguished from other crimes in their multinational nature, which poses unique problems in understanding their causes, developing prevention strategies, and in mounting effective adjudication procedures.
Transnational crimes are distinct from international crime, which involves crimes against humanity that may or may not involve multiple countries. Examples of international crimes are genocide and terrorism, which are also included in this guide to sources.
Introduction, cont’d
Transnational crimes can be grouped into three broad categories involving:
provision of illicit goods (drug trafficking, trafficking in stolen property, weapons trafficking, and counterfeiting),
illicit services (commercial sex and human trafficking),
infiltration of business and government (fraud, racketeering, money laundering, and corruption) affecting multiple countries.
Provision of Illicit Goods – Drug Trafficking
Drugs – a world wide problem
Globally, it is estimated that in 2016, about 275 million people worldwide, which is roughly 5.6 per cent of the global population aged 15–64 years, used drugs at least once during 2016.
UN Drug Report 2018
The Global Burden of Disease Study estimated that there were 452,000 deaths (range: 420,000 to 487,000) worldwide in 2016 attributable to drug use (accounting for 0.83 per cent of global deaths from all causes).
Approximately three out of four (74 per cent) of those deaths were of males. Untreated HCV, which can give rise to liver cancer and liver cirrhosis, constituted the largest proportion of them (45 per cent).
Opioid Market
Cocaine
Cannabis
Synthetic Drugs
NPS: new psychoactive substances (bath salts, synthetic cannabis etc.)
Drug Trafficking routes
Most of the drugs that enter the U.S. come from Central and South America
Drug Legalization/Decriminalization
Results so far: Summary Full Report
Provision of Illicit Goods – Stolen Property
Typology of stolen property
Consumer goods
TV’s, clothing, tobacco products, cars etc.
Weapons
Pistols, automatic rifles, explosives, …
Antiquities and art
Cultural objects of archeological/historical value, valuable paintings , sculptures etc.
Natural resources
Protected wildlife and plants and products derived from them, precious stones
A clear link has been established between the trafficking of illicit goods and transnational organized crime. Criminal organizations are attracted by the lucrative profits involved in trading counterfeit or fake goods, or in trading legitimate goods through illicit channels. The criminals involved manufacture and trade illicit goods on a regional and increasingly global scale.
a. Weapons trafficking
Arms trade is big business
world military spending has now reached one trillion dollars, close to Cold War levels
The 5 UN Security Council permanent members are generally the largest arms dealers (though others such as Germany often feature quite high - higher than China for example):
Small arms
The growing availability of small arms has been a major factor in the increase in the number of conflicts, and in hindering smoother rebuilding and development after a conflict has ended. It is estimated, for example, that:
There are around half a billion military small arms around the world;
Some 300,000 to half a million people around the world are killed by them each year;
They are the major cause (90%) of civilian casualties in modern conflicts.
Small arms include weapons such as
hand guns
pistols
sub-machine guns
mortars
landmines
grenades
light missiles
b. Antiques and art
Antiquities are archeological or paleontological resources at least 100 years old
Art is term for fine arts including paintings, sculptures, music etc.
Sale and purchase of antiquities and art are not subject to a uniform process of documentation of authenticity; forgeries and fraud are common
Investigation/Recovery
INTERPOL: Works of Art Database Website
FBI: National Stolen Art File Website
International agreements needed to better control illegal trafficking of stolen art and antiquities
UNESCO ( United Nations Educational, Scientific and Cultural Organization) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 (LINK)
c. Trade in environmentally sensitive goods
5 areas of major importance:
Illegal trade in wildlife Video: Wildlife trade – Pengalin (7 mins)
Illegal logging and the associated timber trade – Video: Illegal Logging (4 mins)
Illegal, unreported and unregulated fishing
Illegal trade in controlled chemicals
Illegal disposal of hazardous waste – Video Toxic e-waste (13 mins)
No accurate figures but it is estimated that global value of these activities ranges from USD 30-70 billion/year
Equals approx. 10-15% of global narcotics trade
Or 15-30% of value in counterfeit goods.
Drivers and Impact of Illegal trade
Illegal trade arises when expected return is greater using the illegal route than to stay within the law.
Also, if demand exceeds the supply of a legal product; happens often with timber
Or, if a product is banned and can only be obtained illegally; common with wildlife crime – to cover demand in exotic pets and flowers
Impact varies from country to country; most significant economic impact comes from illegal trade with timber and fish
Biggest health impacts driven by illegal dumping of hazardous waste
Illegal trade in ozone-depleting substances is a significant global environmental concern
Provision of Illicit Goods – Counterfeiting
“Counterfeit”
The WIPO (World Intellectual Property Organization) Intellectual Property Handbook describes counterfeiting as “first of all the imitation of a product. The counterfeit is not only identical in the generic sense of the term. It also gives the impression of being the genuine product……originating from the genuine manufacturer or trader”
A counterfeit is:
An unauthorized copy;
Not conforming to the original manufacturer’s design, model, and/or performance standards;
Not produced by the stated manufacturer or produced by unauthorized contractors;
An off-specification, defective or used product sold as “new” or working; or
Has incorrect or false markings and/or documentation
UN Factsheet on Counterfeiting
Who is involved in this business?
Who is negatively impacted by the sale of counterfeit products?
What are the social, ethical and health consequences of counterfeiting?
Most harmful form of illicit activity?
Give some examples of counterfeit foods and electronics
Counterfeiting – the extent of the problem
International trade in counterfeits
US$250 billion; 1.95% [OECD 2007]
US$600 billion; 5-7% [ICC Counterfeit Intelligence Bureau]
Wide range of products
Food, pharmaceuticals, clothes, electronic and automotive components, all manner of consumer products, even a whole store….
Consumer electronics - 22% of US Customs seizures in 2011 (16% increase by value over 2010) & about a third of the goods in this category were mobile phones
ICT (information and communications technology) industry
US$100 billion
200 million mobile phones
Corresponds to about 13% of the mobile phone market in 2011
Counterfeit Seizures
Ordinary Items Now Counterfeited
With the market in fake goods expanding, shoppers need to know the warning signs -- not only to avoid wasting money but because such products can carry health and safety risks.
Shoppers in the market for designer handbags know to be wary of the too-cheap-to-be-real "fauxch" -- that is, faux Coach bags -- just as those looking to cut their prescription bills can assume that the emails in their spam box for discount Viagra are, at best, offering sugar pills.
But experts say even scam-savvy consumers may unwittingly buy some of the newest counterfeits popping up in unexpected categories.
Perfume
In December 2011, police in Monroe, Ohio, seized more than 500 bottles of fake perfume from local flea markets, with mimicked scents ranging from $85 Chanel bottles down to $40 Beyoncé scents.
What's inside a replicated perfume bottle is anybody's guess. At best it is a perfume, but one that smells nothing like a designer scent and may have been watered down.
Fakes more often contain chemicals like antifreeze, cleaning solutions or human urine, any of which may cause a rash or other skin problems.
Shampoo
It's not just pricey salon brands that are at risk for counterfeiting. Labels found at the drugstore have caught fakers' attention, too. Some are little more than water, fragrance and a thickening agent, but anything that suds -- notably, cheap cleaning solutions -- can be substituted for the actual shampoo.
Late last year, Beijing police seized more than 2,000 boxes of faux shampoo bottles that were contaminated with sulfur, as well as mercury and other heavy metals. That's too harsh for a product that's going on your scalp and possibly dripping near your eyes. (And shoppers can forget about any label-promised moisturizing, volumizing, color-protecting or anti-dandruff effects.)
Honey
Recent tests by Food Safety News found that 75% of store honey isn't really honey. It still comes from bees, but the pollen has been screened out, ostensibly to keep the honey from crystallizing.
Food safety experts say this may also be done to hide the honey's origin, says Andrew Schneider of Food Safety News.
Many regulators don't consider the food honey if there's no pollen, but there could be more serious problems, too
While shoppers might not notice a taste difference, tests found that a third of the faux-honey imports from Asia were tainted with lead and antibiotics.
Baby Formula
That chalky taste may in fact be chalk, which is commonly used as a filler to give the fake product the right consistency.
Of course, fake baby formula isn't likely to have the recommended levels of protein and other nutrients, either.
Both factors can be problematic: In 2004, more than 60 Chinese infants died after ingesting fake formula.
The Food and Drug Administration warns that infants may be intolerant of such ingredients and could "experience serious adverse health consequences."
Counterfeit Medicines: A Special Case
For most counterfeit products, the costs to consumers are indirect – I.e., product development
Not so for medicines – costs are direct and serious – death, disability, resistance to legitimate drugs
There is a need for far greater awareness of the hazards to health and a far greater political commitment to international cooperation
Pharmaceutical companies: not only concerned about loss of revenue but also about the damage to patients’ and physicians’ confidence in legitimate products if ineffective or dangerous copies are in circulation