I--Work to support operational and practical collaboration was started long ago, by Interpol (1923) and the WOO (1953). However, several bodies are of more recent date, e.g. 1989--Dublin Group, FATF; 1990--UNDCP; 1992--UN Commission on Crime Prevention and Criminal Justice; 1993--Europol Drug Unit.

II--Much has been accomplished through the International Organizations in terms of operational cooperation.

III--P-8 member Countries are part of all universal bodies (UN, Interpol, WCO) and 7 out of 8 are members of several specialized grouping (Development Banks, OECD, FATF, Dublin Group). Most of the bodies are headed by a people originating from a P-8 country: UN Crime Prevention Branch--Italy; Dublin Group--Germany; FATF--United States; Interpol--United Kingdom; OECD Canada; WCO---United States; UNDCP--Italy; Europol Drug Unit--Germany; CIS--Russia.

IV--P-8 countries account for more than 70 percent of the budgets of those organizations.

V--At the same time, considerable work is being accomplished at the regional level.

G7-P8--Senior Experts Group on Transnational Organized Crime, Inventory of Main International Conventions Dealing with Transnational Crime, Annex 2, Paris, April 12, 1996.

Introduction For several decades now, the international community has endeavored to organize the fight against crime in its different forms. In response to the acceleration, devel- opment and growing ramifications of the different kinds of crime, and especially in their international dimension, the international community, namely UNO, as well as regional organizations such as the European Union, the Council of Europe, and the OAS have framed a series of conventions.

The first observation to make is that there is no general convention designed for the purpose of fighting transnationai organized crime as such. The reasons for this have been expounded on many occasions:

the forms of criminal phenomena are too widely diverse and changing, methods of fighting them are too specific to each form of criminality, legal foundations and opinions vary too greatly for transnational organized crime to be the subject of any commonly-accepted definition (see note), and for it to be possible to encompass in a single document all of the provisions relating to the various ramifications of transnational organized crime.

This inventory is intended as a response to the Halifax mandate, which calls upon the P8 to "look at existing arrangements for cooperation both bilateral and multilat- eral, with respect to the fight against transnational organized crime."

G-71P-8 A~m TRANSNATIONAL ORGANIZgD ClUI~ 87

In view of the material impossibility, within the framework of the Experts Group, of drawing up an exhaustive inventory of bilateral conventions on mutual assistance in criminal matters or extradition (that would require drawing up a precise table for every country on the planet!), the inventory presented here is concerned exclusively with multilateral instruments, distinguishing between:

l--Conventions concerned with specific forms of criminality These are generally universal in scope. They concern money forging, slavery, traffic in persons, forced labor, narcotic drugs, and illicit transfer of cultural property.

lI--Conventions on mutual assistance in criminal matters The specific feature of these texts, which are more concerned with the fight against criminality, is that most of them have been drawn up in a regional context and are open to signature by third countries.

Ill--Other texts Other, less formal, documents (recommendations, resolutions, declarations and ac- tion plans) adopted in various bodies (UNO and subsidiary agencies, specialized organizations, OECD), that are less binding than legal instruments, are evidence of the growing awareness and involvement of States in the fight against all types of international criminality.

Note Re: Attempts to def'me transnational organized crime Attempts have been made to define transnational organized crime in many different forums. None of these definitions has won universal approval. This reflects the dif- ficulty of encompassing, within a single term or expression, a series of phenomena which, though related, differ widely in nature. The following attempted definitions are provided for the record, the Group having refrained from discussing this, prefer- ring to concentrate on operational issues.

A) The European Union For a crime or criminal group to come within the definition of organized crime, at least six of the following characteristics listed below must be present, including numbers 1, 5 and 11 in all circumstances.

1--collaboration between more than two people; 2--specific tasks being assigned to each of them; 3---over a fairly long or indefinite period of time; 4--with some form of discipline and control; 5--suspected of having committed serious penal offenses; 6--operating on an international scale; 7--resorting to violence or other means of intimidation; 8--utilizing commercial or commercial-style structures; 9----engaging in money laundering;

88 T~m~s IN ORGA~ZED C ~ / SU~V~R 1997

10 exercising influence over political circles, the media, public administration, the judiciary, or the economy;

ll--operating for profit and/or power.

B) lnterpol The following definition was adopted by the General Secretariat of Interpol in May 1988 on the occasion of the first international colloquium on transnational organized crime (Saint Cloud, May 4 and 5, 1988):

"Any association or any grouping of persons engaging in a continuous illicit activity, the first aim of which is to realize profits without concern for national frontiers."

It should be noted that, on the occasion of the fifth colloquium on organized crime, which took place in Lyon on December 13 and 14, 1995, a working group was set up in order to bring the definition of organized crime up to date. The following coun- tries are participating in this group: Argentina, China, France, Germany, Italy, Lithuania, Slovenia, the United Kingdom, and the United States.

C) The Naples and Cairo Declarations UN International Conference on Transnational Organized Crime (Naples, No- vember 21-23, 1995): The Naples Conference did not adopt any definition of transnational organized crime. The following recommendations were included among the measures called for in Naples within the framework of the "Global Action Plan Against Transnational Or- ganized Crime":

--adopting a common definition of the concept of transnational organized crime, --taking account of the structural characteristics and methods of organized crime

in order to detect and combat the phenomenon (collecting, analysis and dissemination).

IXth United Nations Congress for the Prevention of Crime and the Treatment of Offenders (Cairo, April 29-May 8, 1995): This congress made no attempt at a theoretical definition of transnational organized crime, but it did draw up a list, in one of its recommendations, of the following crimes that could come under the heading of transnational organized crime, namely illicit drug trafficking; international trafficking in minors; alien smuggling; economic crime; currency forgery; environmental crime; corruption; crimes against the cul- tural heritage; vehicle theft; data and telecommunications delinquency; money laun- dering; infiltration of legitimate economies by organized criminal groups.

International Conventions Concerned with Specific Forms of Criminality Prostitution Convention for the Suppression of the Traffic in Persons and of the Exploita- tion of the Prostitution of Others Adopted in New York, December 2, 1949. Ratified by 70 countries including France, Italy, Japan, and Russia. Many developed countries are not parties. Entered into force July 25, 1951. Depository: UNO

G-7/P-8 AND TRANSNATIONAL ORGANIZED CRIME 89

Main Provisions: This convention is concerned in general with the exploitation of the prostitution of others, even if they are consenting. [...] Measures are also envis- aged for the provision of social assistance to victims, as well as with respect to immi- gration with a view to the suppression of the international traffic of persons for purposes of prostitution. [...]

Cultural Property Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property Adopted in Paris, November 14, 1970. Ratified by 79 countries including Canada, Italy, Russia, and the United States. Entered into force April 24, 1972. Depository: U.N.E.S.C.O.

Main Provisions: Fight against the pillage of the cultural heritage of States. Deft- nition of cultural heritage, creation in each country of an agency for the protection of the cultural heritage, institution of an export certificate, restitution of iUicitly-ex- ported cultural goods. [...]

Drugs United Nations Convention against Illicit Traffic in Narcotic Drugs and Psycho- tropic Substances Adopted in Vienna, December 19, 1988. Ratified by 115 countries including all P8 members and UE. Many countries absent, such as: South Africa, Austria, Belgium, Hungary, New-Zealand, Switzerland, and esp. producer countries. Entered into force November 11, 1990. Depository: UNO.

Main Provisions: 1) Widening of the scope of the fight against trafficking: Crimi- nal prosecution of all forms of acts of trafficking and of laundering of the proceeds of traffic in narcotics drugs. Vigorous repression when the incriminated acts are per- petrated by international criminal organizations, or conspiracies. Parties are under obligation to take appropriate steps to permit the seizure of the proceeds of crimes committed in connection with traffic in narcotic drugs or the equivalent value in assets, illicit substances and instruments used in the commission of crimes.

2) Widening of cooperation between states: Longer prescription periods, reversal of the burden of proof. Recourse to deliveries under international surveillance. Legal immunity for persons collaborating with law enforcement agencies. Obligation for States to cooperate when so requested in the enforcement of a demand for the seizure or in the detection, identification, seizure or freezing of assets for the purposes of seizure. The Convention may serve as a legal basis and take the place of an extradi- tion treaty between States not bound by such a treaty. It calls for the broadest pos- sible judicial cooperation.

3) The convention embraces new technical aspects: Obligations relating to sub- stances frequently utilized in the manufacture of narcotic drugs. Measures aimed at eliminating the illicit cultivation of plants from which narcotics may be extracted. Measures aimed at eliminating illicit demand for narcotic drugs and psychotropic substances. Prevention of the misuse of materials and equipment, and chemical pre-

90 Ttw~s IN ORCA~eZED CreME / SUMM~i 1997

cursors in particular. Surveillance of the activities of commercial carders and of illicit traffic in tax-exempt zones, by sea and by the postal services.

The Convention institutes a United Nations control procedure with respect to the surveillance of precursors utilized for the manufacture of narcotic drugs. The burden of surveillance is placed on the States (rapid exchange of information on transac- tions and seizure of substances). [...]

Editor's Note: Other International Conventions Concerned with Specific Forms of Criminality mentioned:

�9 Slavery Convention plus 1953 Protocol, Supplementary Convention of 1956 �9 International Convention for the Suppression of Counterfeiting Currency �9 International Forced Labour Convention (Convention no. 29 of I.L.O.) �9 Single Convention on Narcotics, Protocol of March 25, 1972 �9 Convention on Psychotropic Substances �9 International Convention on Mutual Administrative Assistance and Repression

of Customs Offences

International Conventions Governing Procedures for Judicial Cooperation and Mutual Assistance Extradition European Convention on Extradition + 2 protocols Adopted in Paris, December 13, 1957. Ratified by 30 countries including France, Germany, Italy, the United Kingdom, most European countries, and Israel as well. Entered into force April 18, 1960. Two additional protocols in 1974--1979. Deposi- tory: Council of Europe.

Main provisions: The Convention is open to States that are not members of the Council of Europe. The purpose of this convention is to hand over persons having committed a crime or under sentence entailing the deprivation of liberty, or who have been placed under a security measure and are being sought by the judicial authorities. [...]

Two additional protocol have been appended to the convention: An additional protocol of October 15, 1975 limiting grounds for refusal to extradite in matters of political crimes and in cases of application of the "ne bis in idem" rule. An additional protocol of March 17, 1978 with the effect of permitting extradition on grounds of tax infringements, etc. and of completing the first instrument in case of judgment in absentia and pursuant to an amnesty. [...]

Mutual Assistance European Convention on Mutual Assistance in Criminal Matters (Additional Protocol) Adopted in Strasbourg, April 20, 1959 with Protocol, March 17, 1978. Ratified by 26 countries including France, Germany, Italy, and the United Kingdom. Mostly Western and Eastern European countries of which 17 for the protocol. Entered into force June 12, 1962. Depository: Council of Europe

G-7IP-8 AND TX~SSNA~ON~ ORG~aZ~ ClUME 91

Main provisions: The purpose of this convention is to furnish the widest possible legal assistance when the facts at the time when the assistance is requested fall within the competence of the courts. The additional protocol of 1978 extends the scope of mutual assistance to include tax infringements. [...]

Money Laundering Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime Adopted in Strasbourg, November 8, 1990. Ratified by 8 countries including Italy, and the United Kingdom. Entered into force September 1, 1993. Depository: Coun- cil of Europe.

Main Provisions: The convention calls upon States to adopt a broad definition of the crime of laundering of illicit capital, both in the actual commission and in the intention. The concept of the proceeds of criminal activity is equally broadly de- fined.

At the time, it lays down measures aimed at depriving offenders of the proceeds of crimes, obliging States parties to institute measures relating to seizure by the courts, or provisional measures concerning assets. In this regard, it provides for the adopt of special investigative measures and techniques, and for the lifting of banking secrecy. The convention lays down very detailed measures relating to judicial cooperation. In particular it institutes an obligation to enforce seizure measures addressed to a State. It further provides that the party to which the request is addressed shall dispose the assets seized in accordance with its domestic law, except where otherwise agreed between the parties concerned, subject to the rights of third parties. [...]

Mutual Assistance in Criminal Matters Inter-American Convention on Mutual Assistance in Criminal Matters Adopted in May 1992 by the Assembly of the Organization of American States. Now open for signature. Nine countries have signed. Ratified by one country, Peru. Depository: OAS.

Main Provisions: Allows for wide range of assistance with respect to crimes pun- ishable by greater than one year imprisonment in the Requesting state. No require- ment for dual criminality except on a discretionary basis in the case of requests for immobilization of property or search and seizure. [...]

Editor's Note: Other International Conventions Governing Procedures for Judi- cial Cooperation and Mutual Assistance mentioned:

�9 Convention on the International Validity of Penal Judgements �9 Convention on the Transmission of Proceedings in Criminal Matters �9 Inter-American Convention on Extradition �9 Convention on Mutual Assistance in Civil, Family and Criminal Matters

Other Documents Money Laundering Forty Recommendations of the FATF

92 TRENDS IN ORGANIZED CRIM~ / SUMMER 1997

Adopted in Paris, 1990. Informal recommendations adopted by consensus within the task force. Includes all seven G-7 members. Depository: FATF/OECD.

Main Provisions: Political undertaking by the States to modify their legislation in keeping with these recommendations. To improve national legal systems for com- bating money laundering by prosecuting it and instituting procedures to seize the proceeds of money laundering. Strengthening the role of the financial system in the fight against money laundering by instituting rules for the identification of clients by financial institutions, for the conservation of documents needed in order to monitor financial operations and relations financial establishments located in countries that do not apply the recommendations of the FATE Establishing authorities to oversee the effective implementation of recommendations. Reinforcing international coop- eration. [...]

Editor's Note: Other documents mentioned:

Scheme for the Rendition of Fugitive Offenders within the Commonwealth Scheme Relating to Mutual Assistance in Criminal Matters within the Common- wealth

Conclusions This inventory cannot be exhaustive. Hereinafter are listed international Conven- tions to which one or several P8 member States are parties.

It should be pointed out that many other conventions, not directly related to the fight against transnational organized crime, also contain provisions, up to and in- cluding the definition of offences that States undertake to implement in their na- tional law, and may therefore be utilized against certain forms of criminality. These conventions include in particular:

�9 Conventions of the I.L.O---Intemational Labour Organization; �9 Conventions on intellectual property and patents; �9 The Convention on children's rights (UNO i989); �9 Conventions on the protection of the environment; �9 The Convention on the physical protection of nuclear materials (IAEA 1980); �9 The Convention on protection of endangered species (Washington)

* * *

Despite the fact that some of these documents were signed many years ago, many of their provisions remain valid today. However, there could be a need to supplement existing provisions in response to the changing character of these types of traffic and their importance in the resources available to international crime. Obviously, this need has to be properly established before considering work on conventions.

In recent years the international community has expressed increasingly strong concern in many fora over organized crime in its transnational dimension. These concerns have notably been expressed in a variety of less binding documents, such as resolutions, recommendations, declarations, cooperation schemes and action plans scope of application of which is confined to a specific political entity (instruments adopted in the context of the European Union).

G-7/P-8 AND TRANSNATIONAL ORGANIZED CRIME 93

These documents are for the most part adopted in the framework of international organizations the activities of which are directly or indirectly concerned with the fight against criminal activities. United Nations, ICPO, Council of Europe, OAS, Commonwealth, OECD or on the occasion of specific conferences. Particular men- tion should be made of :

--The Naples Political Declaration and Global Action Plan adopted by United National World Conference on the Fight Against Transnational Organized Crime, November 1994.

--Final Document of the IXth United Nations Congress on Crime Prevention and the Treatment of Offenders (Cako, April-May, 1995).

* * *

Over twenty binding international instruments identified, the following characteris- tics deserve to be mentioned: 1) There is a small number of universally applicable conventions aimed at specific forms of organized crime. 2) With exception of conventions on drugs (1961, 1971 and 1988), these docu- ments were signed many years ago and do not address specifically more recent forms of crimes. 3) Many important forms of crime are not specifically covered by any existing con- ventions, or only by very partial references in international agreements having some other purpose, or limited regional application. 4) Many instnunents are designed, with three main aims:

�9 to prevent criminals from evading justice; �9 to deprive criminals and criminal organizations of their profits; �9 to simplify procedures of cooperation.

The most significant of these have been adopted under regional auspices (Council of Europe, OECD), but they may be wider in scope, being open to signature by third countries.

G7-P8--Senior Experts Group on Transnational Organized Crime, Domestic Criminal Legislation Targeting Organized Crime Groups and Their Activities, Paris, April 12, 1996.

Analysis and Conclusions Concerning the Questionnaire on Domestic Criminal Legislation Targeting Organized Crime Groups and Their Activities A. Analysis Participation in a criminal organization All P8 states possess legislation which either make it a specific offence to belong to a criminal organization or legislation which may be brought against members of crime groups by way of conspiracy provisions or provisions dealing with assisting, aiding, abetting, counselling or procuring. This differing approach to dealing with participation in crime groups may cause problems with regards to extradition. In- deed, since most P-8 states require the existence of dual criminality in order to extra-

94 TV~NVS IN OatAmzvv CRIME / SVMMER 1997