Americas Current and Likely Future Role in Transnational Crime - Research Paper Example

America’s current and likely future role in transnational crime over the next decade Introduction: "Transnational Crimes pose a significant threat to democratic governance in the Americas." (Farer, 1999, p. xii). The Transnational criminal groups are benefiting from operating in an economy, which is more open and has lesser international regulations. The globalization has bought the U.S. corporations in increasing contact with the foreign entities. This integration has contributed positively on the growth of illicit transactions across the borders. Moreover after the Second World War, U.S has witnessed a considerable amount of immigrations from all over the world, with so many people from around the world with commercial and social networks; it becomes very difficult to enforce law. “The porous ness of the border with Mexico, which has recently become a major trading partner for the United States, in particular reinforces peoples perception that the nation is not in the control of its destiny” (Petrie & Reuter, n.d pg 2). The improvement in the technology has also added to the woes of United States, with communication being made easier the international borders have become very permeable. Traditional criminal activities were limited to a particular criminal trade while the present transnational crimes are global in nature and even diverse in dimensions. These crimes are not limited to a particular form and the groups involved in these crimes also are results of motivated groups who aim at destruction, example terrorist groups (Walia, n.d). “A well know example of transnational crime in the form of terrorist attacks is the 9/11 attacks in USA which caused economical damages of 15 million dollars to the infrastructure as well as costed life of more than 3000 people” (Walia, n.d, p. 2). In this paper we try and discuss the different kinds of transnational crimes and understand America’s current and future role in the controlling and monitoring such crimes. Different Kinds of Transnational Crimes and policies of United States for them so far: The United Nations in the year 1995 defined International crime as the "offense whose inception, prevention and/or direct effect or indirect effects involved more than one country" (Petrie & Reuter, n.d, p. 8). We discuss the major transnational crimes under this section. We further discuss the laws and policies prevalent in the United States of America against these crimes in the past years. Money Laundering: Money laundering is transferring of money through different countries so that the origin nation of the money becomes difficult to understand. The smugglers, drug traffickers, corrupt officials and public officials basically carry out laundering activities. These people launder the money to disguise the origin of the money, which are illegal activities, so that they can use the money legally. These people practice laundering to conceal the source of money and to save themselves from the law enforcement officials. Money laundering is crucial for drug traffickers and terrorists. “In the United States, the Department of Justice, the State Department, the Federal Bureau of Investigation, the Internal Revenue Service and the Drug Enforcement Agency all have divisions investigating money laundering and the underlying financial structures that make it work” (Layton, n.d, p. 2). U.S dollar is the most popular currency among the launders. Dollar is a currency, which is widely accepted, and due to the huge volume of dollar transactions carried out throughout the world, exchange of few millions does not draw attention of the authorities. Most money laundering activities in America pass unnoticed but they have serious affects on the economic health of the country. The government of United States has been using two primary methods for controlling the laundering of money. They are Legislation and law enforcement. Few of the legislative acts are, The Bank Secrecy Act of 1970, it aims at eliminating the anonymity from the banking services in the United States. Under this act all the banks have to report every single transaction that is of above $10,000. Other acts to prevent laundering activities are “1986 Money Laundering Control Act” and “1994 Money Laundering Suppression Act”, these acts aim at weeding out laundering of money by establishing of task forces at the banking institutions itself so as to keep aconstant vigil on the any suspicious activity (Layton, n.d pg 7). Trafficking: Drugs: Smuggling is the movement of restricted materials across federal borders. Drug and ammunations smuggling is carried out in a concealed manner by organised groups operating throughout the nation. Smuggling of drugs is the most wide spread business in the United Staes of America. It accounts for almost "40 percent" of all the criminal activities in the country. It is estimted to generate an income of 110 billion dollars annually (Presidents commission on organized crime, 1986). The U.S custom departments record an average entrance of 370 million people by land, 60 million by air, and 6 million by sea annually into United States. Also approximately 90,000 ship both travelers and merchants are docked at the ports of United States. These ships carry 400 million cargos; the smuggling operations can easily be concealed among these trades (Presidents commission on organized crime, 1986). A country most affected by drug trafficking, United States has been very active in dealing with the trade since a long time. In the year 1972 President Richard Nixon had declared a "war on drugs". "In 1986, President Ronald Reagan signed National Security Directive No. 221, making drug enforcement a national security priority" (Lee & Leduc, 1996 p. 1). During the mid 80’s the nation had multiplied the amount it was spending on fighting back the drug trafficking problem, resulting in a considerable increase in the arrests for manufacture, trade and possession of illegal drugs. Arms and ammunitions: Trafficking of ammunitions is another transnational crime United States has to deal with. The groups involved in trafficking of the ammunitions, most of the times, have direct or indirect links with the members of security agencies of the country. Illegal arms and ammunitions are manufactured and sold among the people of the country. The terrorists aiming at creating destruction and disruptions in the country carry in illicit ammunitions from different countries and cause damage. There are international groups manufacturing and supplying these ammunitions. These groups function with a motive of financial gains by supplying weapons to the unauthorized persons. The smuggled arms and ammunitions fuel conflict and terrorism. The illicit trafficking of arms and ammunitions pose a great threat to the economic structure of the country. In addition to fuelling the terrorist practices these activities endanger the security and well being of the people residing in the country. There is an urgent need of preventing and controlling the trafficking of weapons, explosives and associated resources not only in U.S but also throughout the globe. Humans: Forceful transportation of human beings from their home countries to other nations for the purpose of slavery is human trafficking. Groups carry out human trafficking with contacts in different nations; these groups supply human beings to the people demanding humans for slavery. The poor and the needy citizens are often bribed for money and false promises of jobs and trafficked to different countries. Trafficking also involves kidnapping of children and women and forcefully transferring them. U.S itself being a victim of trafficking and slavery had adopted strict rules and regulations against trafficking activities (Kralis, August 2006). Counterfeiting: Counterfeiting is printing the countrys currency illegally. With the advent of modern technology in printing and press services it has become very easy for the criminals to print money and document without the fear of being caught. Printing fake currencies and then injecting them into the financial system of the country effects the economy of the country adversely. It increases the amount of money in the market thus increasing the inflation level of the country. This criminal activity has very hazardous effects on the lives of the common man as it directly affects his standard of living, by increasing the cost of basic necessities. The groups printing fake currencies conveniently pass on the currencies in the market and exchange them for goods and services. The U.S. Secret Service handles counterfeiting as a transnational crime. This body was created with the prime purpose of handling counterfeiting. U.S has harsh laws for counterfeiting. Other transnational crimes to be named are Tax evading, terrorism, trafficking of human organs and endangered animals, prostitution, identity theft and crimes against environment. Terrorism poses a great danger to the integrity of all nations. This is one crime, which is now prevalent in all the nations of the world. After the 9/11 attacks United Nations have taken up strict steps against terrorist activities. It has joined hands with the developing nations to fight terrorism affectively. How United States dealt with transnational crimes in the current scenario: Transnational crimes are affecting the prosperity of the United States. Numerous Industrial and governmental organizations have been the victims of the activities of the criminals of the transnational crimes. The illustration of the potential of the transnational criminals is clearly visible from the fact that they are operating form outside the borders of United States and still have an eminent presence in the country. With the advent of globalisation thousands of people have been travelling to USA and settling down for work. These people are from all over the world and they make financial transactions in the form of converting their currencies into Dollar, sending and receiving gifts form and to different countries. These activities have increased three folds in the last decade and so has the problems of the official keeping track on laundering activities. With so many international financial transactions taking place within the country every day it is becoming increasingly difficult for the authorities to control laundering activities involving money. The authorities have come up with new acts and legislations to control laundering. The 2001 U.S. Patriot Act "sets up mandatory identity checks for U.S. bank patrons and provides resources toward tracking transactions in the underground/alternative banking systems frequented by terrorist money handlers" (Layton N.d, p. 7). The governemnt had also set up undercover officers to deal with Money laundering. There were many arrests under this operation in the year 1999. No nation acting alone can stop the laundering of mponey. However to deal with Money laundering international cooperation is required, as the criminals can straight away move away from the country which has stricter rules against laundering to a country which has less vigil over its financial transactions. “The United Nations Convention against Transnational Organized Crime, adopted by General Assembly resolution 55/25 of 15 November 2000, is the main international instrument in the fight against transnational organized crime” (UNODC, 2010) The year 1996 observed a rise in the rate of drug abuse among the youth of United States. President Clinton was even charged for "being soft on drugs" by the republicans. In the recent times the combating efforts of drug trafficking requires education, awareness, development and treatment of the youth susceptible to drug abuse. (Lee & Leduc, 1996). United Nations has been the most active nation in efforts of fighting back drugs trade even bilaterally. In its efforts to end the flow of drugs in to United States, the government has started providing financial assistance to the countries that are making efforts to eradicate this trade. "In 2000, it signed a comprehensive $1.3-billion assistance package in support of Plan Colombia and the Colombian government’s efforts to “address the array of challenges it faces – its efforts to fight the illicit drug trade, to increase the rule of law, to protect human rights" (Lee & Leduc, 1996 p. 1). The drug smuggling cases are handled by the US Drug Enforcement Agency, this agency in partnership with other foreign organizations around the world investigates and prosecutes groups and individuals associated with the smuggling operations. The Federal Sentencing Guidelines make it mandatory that these criminals are provided penalties according to their criminal history. To deal with the illicit transfer of ammunitions within the country, the Inter-American convention joined hands against illicit manufacturing and trafficking of arms and ammunitions. This act aims at making it difficult to own a gun. The authorities need to be informed about the owning of ammunitions, failing which would bring in severe legal consequences. The U.S Government has been spending millions of dollars in the efforts to combat human trafficking. "In 2004 alone, the U.S. government spent $81.8 million abroad, to combat human trafficking internationally" (Kralis August 2006). The U.S Human Trafficking laws have also undertaken policies of treating the trafficking victims and refugees and not illegal immigrants. In the year 2004 U.S. municipalities were provided with huge funds to provide food and shelter to the trafficking victims. The state set up cooperatives to prosecute the leaders involved in this crime. In the year 2003 the then President George Bush created The U. S. Department of States Office to Monitor and Combat Trafficking in Persons", to battle the international trafficking of human beings (Kralis August 2006). This crime was added to the ‘crime priority list’ of the United States, in the same year. To deal with counterfeiting of money the government passed the Federal act against counterfeiting. "Under federal statute 18 USC section 471, if youre found guilty of making copies "in the likeness and similitude of US currency ... unless they are much larger or much smaller than US currency" (a minimum of 50 percent larger or 25 percent smaller) or unless they are "rendered in black and white," you face up to 15 years in the slammer." (Brain, n.d, p. 6) Cocaine whole selling is a multi dollar business in United States; these kinds of activities are organized and continuous and are flourishing in the United State. The reason being, these activities involve very little or no interaction with the authorities and the criminals find it convenient to operate without resorting to violence. The transnational crimes attract a good deal of media attention. Thus making these activities a priority on the list of the political concerns of the nation. In the year 1995 President Clinton had devoted Two Major Speeches in the United Nations Summit towards policies about these activities. On October 1995 the president also promulgated a Presidential Decision Directive against the international crime. The (Group of nations) G7 meeting in 1997 was held with the principal agenda of control of transnational crimes. The Government of United States had extended support to all nations to deal with the international organized criminal activities as part of its program against the international crime, as the international criminal organizations are not only a threat to the host nation they also pose threat to United Sates (Petrie & Reuter, n.d, pp. 2-3). Future methods and role of United States in dealing transnational crimes : The nature of transnational crimes is very complex and thus to deal with them effective alternatives to traditional laws are required. United States has adopted a number of innovative methods of combatting these international crimes. United States is playing a increasing role in the efforts for preventing transnational crimes. It has set up a number of regulatory and reporting programmes for law enforcement. Various sectors which are Vulnerable to transnational crimes like the financial service segment, the marine ports, the construction and manufacturing industries are regulated by the federal and the state agencies. There is a reporting and monitoring system set up for financial tranctions to detect money laundering and counterfeiting activities. To prevent tax evading the state has set up the tax enquiry program. this program ensures that proper amount of taxes are paid and on an event of tax fraud proper prosecution is carried out. “The Racketeer Influenced Corrupted Organization (RICO) Act represents one of the most far-reaching organized crime enforcement tools in the United States.” (Schneider, Beare & Hill, N.d). This is a tool that provides the state and the citizens of United States to undertake civil actions against criminal activities. The states have also developed foreign policies to deal with the transnational crimes. The major strengths of these policies are that these policies have increased cooperation coordination among the regulating agencies. All the agencies work as one to fight against these crimes. These are centralized programs and thus have enough resources, powers and infrastructure to carry out various activities. The United States had made many innovations towards the efforts of combating transnational crimes. Anti-money laundering program was a program lead by the Federal Reserve Board and it incorporated money-laundering issues into its mandate. The major task performed by this board was to regulate banking institutions and maintain stability in the system. The Government of United States also formed a number of laws and legislative acts with the aim of dealing with the transnational crimes. Conclusion: "Transnational crime is the crime that violates laws of one or more state" (Walia, n.d p. 1)- Due to its nature, transnational crimes involve violation of laws of more than one country. These crimes are generally organized crimes and serve as a challenge to the security and integrity of nations. Since the last decade transnational crimes have undergone a major change, this sector has shown signs of development with the crimes being on a rise since 1990’s. Studies suggest that most of the transnational crimes have financial motivation behind them. “While there are no reliable statistics, the World Bank and International Monetary Fund (IMF) estimate roughly that the cross-border flow of global illicit proceeds (money laundering) related to corruption, criminal activities, and tax evasion is about 3-5 percent of the world’s Gross Domestic Product (GDP)” (Luna, February 2009). “The U.S. Department of Health and Human Services [HHS] has launched the "Rescue and Restore Victims of Human Trafficking" campaign to help identify and assist victims of human trafficking in the United States” (Verville n.d). United States is working hard towards the efficient development of techniques to handle the increase in the criminal activities. The government and the authorities are continuously developing methods, through different legislative policies and joining hands with other nations, to combat the international criminal groups to control criminal activities. Summary: The increase in the advent of transnational crimes is becoming a major threat to the developing nations of the world. These crimes are the ones, which are committed across borders and by groups of people. The nature of these crimes is not merely global, but it also involves crossing of borders unlawfully and it forms an essential part of the activity. Some examples of organized international crimes are terrorism, human trafficking, unlawful supply of drugs and ammunitions, money laundering, tax evasion, counterfeiting etc. These crimes are serious offences committed for personal financial benefits. With the inset of globalization the so-called ‘business of transitional crime’ is booming. The reforms in the international trade, deregulation, improvement in technology, transportation and communication has eased the cross border restrictions and created new opportunities for the transnational criminals. (Serrano & Berdal, 2002, Pg 2:3). Since the last quarter authorities have become very conscious of the America’s vulnerability towards international crimes. United States has witnessed a prominent growth in the activities like large scale smuggling; trafficking of illegal immigrants etc. These criminal activities are well-articulated threats to the national sovereignty of the nation. (Petrie & Reuter, n.d, pp. 1-2). U.S has designed various strategies and programs to deal with transnational crimes. These efforts include creation of creation of Human Smuggling and Trafficking Center to control and monitor trafficking, the reform of the Treasury Departments Office of Terrorism and Financial Intelligence to monitor financial crimes, and the expanded extraterritorial jurisdiction authority to investigate and prosecute international drug terrorism cases. Transnational crimes are globally committed and to eradicate them completely global action is required. The United Sates is committed to strengthen law enforcement and combat the transnational crimes. It is continuously taking steps to eradicate crimes related trafficking, money laundering etc. In the year 2000 The United States had signed a convention against transnational crimes along with 123 other nations. This convention helped in preventing crimes through ordinary toolkit of criminal law methods done in international cooperation. United States further provided technical assistance to countries like Mexico, which are the hub of such crimes, to increase awareness and strengthen the internal system against criminal activities. United States is also supporting the destruction of trafficked arms and ammunitions to deal with the inflow of arms in the country. The United Nations has adopted policies to meet the needs of all the counties in catering to transnational crimes. It acts as a supporter as well as the initiator of the crime controlling plans. With all the efforts and finances United States is puts into the control and vigilance of criminal activities internationally, it will soon play a role of a leader in the efforts of combating the transnational crimes. With this global view the country is sure to meet its target of controlling transnational crimes within and outside the country. References 1. 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(February 26, 2009) "Dynamic Threat Mitigation: Combating Transnational Threats and Dismantling Illicit Networks--The Role of Corruption Nodes", U.S. Department of State, Available at: http://www.state.gov/p/inl/rls/rm/119840.htm (Accessed on May 26, 2010) 12. UNODC (2010). United Nations Convention against Transnational Organized Crime and its Protocols, available at: http://www.unodc.org/unodc/en/treaties/CTOC/index.html (accessed on May 27, 2010) 13. Verville E. (n.d) "U.S. Joins Global Convention Against Transnational Organized Crime", The information warfare site, Available at: http://www.iwar.org.uk/ecoespionage/resources/transnational-crime/gj02.htm (Accessed on May 26, 2010) Read More