Regional Conference Intellectual Property Crime Bahrain 13 - 14 April 2008

Regional Conference

Intellectual Property Crime

Bahrain 13 - 14 April 2008

United Nations Convention against Transnational Organized Crime

Law enforcement, organised crime and anti-money laundering Unit

Ian Munro

Chief

Governance, Human Security and Rule of Law Section


The Palermo Convention

147 countries and the European Community signed the Convention;

138 countries ratified

29 September 2003, in accordance with article 38

Ratified Bahrain - 07-06-04 Egypt - 05-03-05 Lebanon - 05-10-05 Morocco - 20-09-06

Signed Jordan – 26-11-02 Yemen – 15-12-00

Entry into force


Convention has general measures against transnational organized crime

Protocols deal with specific crime problems

Protocols supplement the Convention

Must be a party to the Convention to become party to a protocol

(Art. 37, Protocols, Art.1)

Nature of the Instruments


Purpose“To promote cooperation to prevent and combat transnational organized crime more effectively” (Art. 1)


Contains key definitions, standardizing terminology

Requires States to establish specific crimes

Specific control measures (money-laundering, corruption etc.)

Forfeiture of proceeds of crime

Cooperation (extradition, mutual legal assistance, investigative measures etc.)

Training, research, information measures

Prevention

Implementation

Technical provisions (signature, ratification etc.)

Structure of Convention


An offence is transnational in nature if: Committed in more than one State;

Substantial part of preparation, planning, direction or control takes place in another State;

Involves an organized criminal group engaging in criminal activities in more than one State; or

Has substantial effects in another State. (Art.3.2)

Transnational in nature


Organized criminal group- structured group

- three or more persons

- existing for a period of time

- acting in concert

aim of committing:

–serious crime(s) or Convention offences

–to obtain direct or indirect financial or other material benefit (Art. 2.a)


Investigative measures

- Mutual legal assistance;

It calls for:

agreements governing - joint investigations (Art.19)

domestic and cooperative use of special - investigative techniques (Art.20)

- controlled delivery - electronic or other forms of surveillance - undercover operations

- Witness protection (Art.25)

- to encourage those involved in transnational organized crime to cooperate with law enforcement (Art.26)


Law enforcement Co-operation

- Provides authority for law enforcement agencies of State Parties to cooperate;

- Conduct enquiries to identify persons, whereabouts, activities of suspected persons;

- Follow the movement of their criminal proceeds or property;

- Follow the movement of property and finances used in support of offences.

- Offers the Convention as basis for legal cooperation

- Exchange information on specific means and methods used by organized criminal groups;

- General trends, analytical techniques, definitions, standards and methodologies


Training / Technical Assistance

- Encourages development of specialised training to detect Convention offences ;

- Promotes staff exchange,inter-agency secondments, liaison officers;

- Routes and techniques of offenders;

- Detect & monitoring of proceeds of crime;

- evidence collection;

- control techniques at Free Ports and Free Trade Zones.

Article 29

Ian Munro Law Enforcement, organised crime and anti-money laundering unit.

Thank youwww.unodc.org


Documents

Regional Conference Intellectual Property Crime Bahrain 13 - 14 April 2008