Chapter 3

Transnational Crimes

Transnational Crimes is an activity that is considered a criminal offense by at

least two countries. It is an offense whose inception, prevention and or indirect effects
involves more than one country.

The word transnational describes crimes that are not only international, but crimes
that by their nature involve border crossing as an essential part of the criminal activity. It
also includes crimes that take place in one country, but its consequences significantly
affects another country. (Allum and Gilmore, 2012)

NOTE: Transnational Crimes are especially concerned with acts criminalized by laws of
more than one country, while international crimes are crimes prohibited by international
laws, norms, treaties and customs.

Examples of Transnational Crimes

1. Terrorism - a tactic or technique by means of which a violent act or threat thereof is

used for the prime objective of creating overwhelming fear for coercive purpose.
2. Trafficking in person - the exploitation of vulnerable people for purpose of sex, labor
and organ harvest by organized criminal groups.
3. Money laundering - is a process by which, assets primarily cash assets, which are
derived from illegal activities are manipulated in such manner to make them look as it is
were derived from legitimate source.
4. Drug trafficking - illegal movement across one or more nation frontiers of
psychoactive substances.
5. Cybercrimes - crimes that involve an information and communication technology
(ICT) network. In the Philippines, RA 10175 or the Cybercrime Prevention Act divides
these typologies into:
A. Crimes that target a computer network or devices directly. These are dubbed
pure cybercrimes in as much as the primary target is the ICT network itself such
as malware attacks and hacking.
B. Crimes facilitated by computer network or devices. Typically these are
violation of the Revised Penal Code and other special laws done through means
provided bt ICT. An example would be illegal recruitment done through online
means.

A. Terrorism
Definitions
Terrorism is not easy to define. For one attempts of the United Nations to
postulate a universal definition through the UN Comprehensive Convention on
International Terrorism has yet to produce any solid fruit owing to a confluence of
factors. Primary of which is the resistance of the members of the Organization of Islamic
States to include armed struggle for liberation and self-determination as among the acts
that may fall under the umbrella of terrorist act.

Here are a few attempts on defining terrorism:

 The use or threatened use of force designed about a political change. [Brian Jinkins,
1984]
 Constitutes the illegitimate use of force to achieve a political objective by targeting
innocent people. [Walter Laqueur, 1970]
 Unlawful use of force or violence designed to intimidate or coerce a government or
civilian population in the furtherance of political or social objectives. [Omnibus
Diplomatic Security, An Anti-Terrorism Act of 1986]
 Socially and politically unacceptable violence aimed at an innocent target to achieve
psychological effects. [Martha Crenshaw, 1983]
 Method of combat in which the victims serve as symbolic targets.
 A premeditated, politically motivated violence perpetrated against non-combatant
targets by sub-national groups or clandestine agents.
 Any act intended to cause death or serious bodily harm to civilians or non-
combatants with the purpose of:
1. Intimidating a population of serious bodily harm ; and
2. Compelling a government or an international organization to do or abstain
doing any act. [UN Panel 03-17-05

Terrorist - one who does all the acts of terrorism.

Terrorist Group - any organization that engages in or had engaged in, terrorist activity.
This includes not only violent groups but legitimate group that fund terrorist operation..

Terrorist Act - any act that is unlawful, involves the use or threatened use of violence or
force against individuals or property is designed to coerce a government or society and
supports political, ideological or religious objectives.

History of Terrorism
Terrorism originated from French Revolution (1789-1795) which describe the
actions of the French government during the called Reign of Terror.
In political upheavals in Europe in 1848 dubbed as the Revolutions of 1848 or the
Springtime of the People; it was employed to describe violent revolutionaries who
revolted against the government.
By the end of 1800-1900, terrorism was used to describe the violent activities of a
number of group including labor organizations, anarchists, nationalist groups revolving
against the foreign powers and ultranationalist political organization.
After the Second World War, as the colonized people revolted from European
domination, nationalist group were declared as terrorist groups by most colonial powers.
From the 1960s to early 1980s, it was applied to violent left-winged groups as
well as to nationalist groups in Asia, Africa, the Middle East and even Latin America.
In the mid-1980s, the US defined terrorism as a violent activity of the hate
movement. Internationally, terrorism was viewed as subnational warfare. A number of
terrorist were sponsored by rogue regimes.
Today, terrorism also refers to a large groups who are independent from a state,
violent religious fanatics and violent groups who terrorize for a particular cause such as
the environment.
Criteria in Defining Terrorism: target; objective; motive; perpetrator; and
legitimacy and legality of the act.

Kinds of Terrorism
1. Apolitical Terrorism - employment of force in a terroristic manner but for non-
political ends.
Types of Apolitical Terrorism
A. Psychotic Terrorism - develops from abnormal behavior; those who attempt
bizarre, ostensibly political actions with uncertain or irrational motives
B. Criminal Terrorism - systematic use of terror for material gain. The primary
manifestation of force in this form of terrorism include kidnapping, extortion,
gangland assassinations and murders.
C. Mystical Terrorism - involves the use of lethal force against symbolic victims
to influence or invoke supernatural powers. Mysticism plays a part in both the
instigation of terrorism and the enhancement of its effect.

2. Revolutionary Terrorism - it’s primarily purpose is the destabilize and topple the
incumbent regime, replacing it with a political apparatus more acceptable to the
revolutionaries. (e.g. Chinese Revolution and Vietnamese Revolution)

3. State Terrorism - involves the employment of lethal force by state government upon
civilian populations for the express purpose of weakening or destroying their will to
resist. It could be internal or external. Internal state terrorism is the use of lethal force by
the state government against its own civilian population with the purpose of repressing
the people making them apolitical or politically malleable, and or weakening the
population’s willingness to support revolutionary or anti-government forces.
Types of State Terrorism
1. Repression Terrorism - engaged in by a terrorist state regime against elements of its
own population to create conditions enough for that regime to remain in political control.

2. Military Terrorism - employment of terrorism by a nations military instrument

against the civilian population of an enemy nation for the purpose of undermining the
populations will to support its own government or shattering the cohesion of the
population making it unable to support ts government. Thus, were repression terrorism
seeks to control the population, military terrorism seeks to make that target population
unmanageable.

3. State-Sponsored Terrorism - involves the employment of lethal force across

international borders for the purpose of destroying or weakening the political cohesion of
a targeted political entity. The state employing state-sponsored terrorism does not use its
own military instrument to deliver the lethal force, but harness social element within the
targeted entity to do so.

Sub-Types of State Sponsored Terrorism

1. National Revolutionary Terrorism - can be supported by sovereign state
wishing to weaken or topple the incumbent regime of the targets state. (e.g. Italian
Red Brigades; German Red Army Faction, etc.)
2. International Revolutionary Terrorism - those that employ terrorism targets
controlled and operated by persons other than terrorist own fellow countrymen.
(e.g. Palestinians Liberation Organization; Islamic Jihad; or other radical Islamic
terrorist group)
3. Minute Political Terrorist Gangs - micro-political terrorist gangs likely to
receive state sponsorship. They do not have popular support but support for them
can cause disruption in targeted entity. [German Red Army factions]

Traditional Terrorist Tactics

1. Bombing
2. Hijacking
3. Arson
4. Assault
5. Kidnapping
6. Hostage-taking

International Legal Instrument Against Terrorism

1. 1968 Convention on Offense and Certain Other Acts Committed on Board Aircraft
2. 1970 Convention for the Suppression of Unlawful Seizure of Aircraft

International Legal Instruments against Terrorism

1. 1963 Convention on Offenses and Commit ted On Board Aircraft Certain Other
Acts.
2. 1970 Convention for the Suppression of Unlawful Seizure of Aircraft.
3. 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil
Aviation.
4. 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, supplementary to the Convention for the
Suppression of Unlawful Acts against the Safety of Civil Aviation.
5. 2010 Convention on the Suppression of Unlawful Acts Relating to International
Civil Aviation.
6. 1997 International Convention for the Suppression of 'Terrorist Bombings.
7. 1991 Convention on Marking of Plastic Explosives for the Purpose of Detection
8. 1999 international Convention for the Suppression of the Financing of Terrorism
9. 2005 international Convention for the Suppression of Acts of Nuclear Terrorism

These are some of the legal instruments that have been drafted the United Nations
and its specialized agencies to fight terrorism. An. member state of the UN is
welcome to adopt these in their territories.
Basic Organizational Structures of Terrorist Groups
1. Command - The smallest group, is at the top, and responsible for the command.
As in military circles, leadership makes policy and plans while providing general
direction.
2. Active Cadre [military term] - They are the people who we call "terrorists". They
are responsible for carrying out the mission of the terrorist organization. They
have one or more specialties. Other terrorists support each specialty, but the active
cadre is the striking arm of the terrorist group.
3. Active Supporters - They are the people who keep terrorists in the field. They
maintain p the communication channels, provide safe houses, gather intelligence,
and ensure all other logistical needs are met. This is the largest internal group in
the organization.
4. Passive supporters - They complement active supporters People who do not
readily join terrorist groups but simply represent a favorable element of the
political climate. Many times they were used without their knowledge.

The Al Queda

Arabic for - "The Base" founded by Osama bin Laden, Muhammed Atef, and
Ayman al-Zawahiri to continue the Jihad internationally.

The Al Queda Organizational Structure

1. Emir (Chief)
2. Chief Counsel
3. Shura, or Consultation Council. This is a group of seasoned terrorists and
confidants known as majilis al shura who approve major decisions such as
terrorist attacks and the issuance of fatwas (edicts). The council members play
leadership roles in the organization's major committees, made up of lower-ranking
Al Qaeda members.
4. The Committees.
a) The Military Committee - oversees recruitment, war, training, and the
purchase of the arms.
b) The Islamic Study Committee - makes rulings on religious law and trains all
recruits in the teachings of the Koran and Jihad.
c) The Finance Committee oversees -corporate holdings, including the travel
office and several other companies.

5. The Cells. The network of terrorist recruitment and training has sites throughout
the world. Each cell engages in missions independent of the others, and the
members and activities of the other cells are kept secret.

The Islamic State of Iraq and Syria (ISIS)

History, Cause and Founder

History
Formerly, the Islamic State of Iraq and the Levant [ISM] , it is a self-proclaimed
Islamic State (IS) composed of Sunni, extremist, jihadist unrecognized state and caliphate
based in Iraq and Syria. Later on it renamed as the Islamic State of Iraq and Syria {[ISIS]
Arabic acronym Da-Cish or Daesh}.
This group originated as Jama'at al-Tawhid wal-Jihad in 1999 and the forerunner
of Tanzim Qaidat al-Jihad fi Bilad al-Rafidayn, commonly known as Al-Qaeda in Iraq
(AQI). During the 2003 invasion of Iraq, it took part in the Iraqi insurgency against
coalition forces and Iraqi security forces. In 2006, it joined other Sunni insurgent groups
to form the Mujahideen Shura Council, which consolidated further into the Islamic State
of Iraq (ISI). It gained a significant presence in Al Anbar,Nineveh, Kirkuk and other
areas, but around 2008, its violent methods led to a backlash from Sunni Iraqis and other
insurgent groups and a temporary decline.
 In April 2013, the group changed its name to the Islamic State of Iraq and the
Levant. It grew significantly under the leadership of Abu Bakr al-Baghdadi, gaining
support in Iraq in the context of perceived economic and political discrimination against
Iraqi Sunnis. After entering the Syrian Civil War, it established a large presence in the
Syrian governorates of Ar-Raqqah, Idlib, Deir ez-Zor and Aleppo. It had close links to al-
Qaeda until February 2014 when, after an eight-month power struggle, al-Qaeda cut all
ties with the group, citing its failure to consult and notorious intransigence.

Cause
Originally, it aimed to establish an Islamic state in Sunni-majority regions of Iraq.
Following its involvement in the Syrian Civil War however, this expanded to include
controlling Sunni-majority areas of Syria. It proclaimed a worldwide caliphate on 29 June
2014, and Abu Bakr al-Baghdadi known by his supporters as Amir al-Mu'minin. Caliph
Ibrahim was named as its caliph, and the group was renamed the Islamic State [IS].

In its self-proclaimed status as a caliphate, it claims religious authority over all

Muslims worldwide, and aims to bring most traditionally Muslim-inhabited regions of the
world under its political, beginning with the Levant region, which approximately covers
Syria, Jordan, Israel, Palestine, Lebanon, Cyprus, and part of Southern Turkey.
Designated as a terrorist organization, because of its grave human abuses;
Amnesty International has found it guilty of ethnic cleansing on a historic scale. Its
actions, authority and theological interpretations are widely criticized around the world;
notably within the Muslim community.

Founder
ISIS is founded by Abu Bakr al-Baghdadi, who is known to supporters as Amir
al-Mu'minin Caliph Ibrahim. Formerly known as Abu Du'a. He claims descent from the
Islamic prophet Muhammad, he is called Abu Bakr Al-Baghdadi Al-Husseini Al-Qurashi.
He is listed by the US State Department as a Specially Designated Global
Terrorist on 4 October 2011 and announced a reward of up to US$10 million for
information leading to his capture or death.
Al Baghdadi was born near Samarra, Iraq, in 1971; obtained a BA, Ma and PhD
in Islamic studies from the Islamic University of Baghdad. - Helped to found the militant
group Jamaat Jaysh Ahl al-Sunnah wa-l-Jamaah (JJASJ) in 2003, in which he served as
head sharia committee. His group joined the Mujahideen Shura CounciI (MSC) in 2006,
which he served as a member of the MSC's Sharia Committee. Later on, the MSC was
renamed as the Islamic State of Iraq (ISI) in 2006, and al-Baghdadi became the general
supervisor ISI's Sharia Committee, and a member of the group's Senior Consultative
Council.
The Islamic State of Iraq (151), also known as al-Q-aeda in Iraq (AQI), was the
Iraqi division of al-Qaeda, and Al-Baghdadi was announced as its leader on 16 May
2010, following the death of his predecessor Abu Omar al-Baghdadi.
As the leader of the ISI, al-Baghdadi was responsible for masterminding large-
scale operations such as 28 August 2011 attack on the Umm al-Qura Mosque in Baghdad,
which killed prominent Sunni lawmaker Khalid al-Fandawi. Between March and April
2011, the ISI claimed 23 attacks south of Baghdad, all allegedly carried out under al-
Baghdadi's command.
Following the death of founder and head of al-Qaeda, Osama bin Laden, on 2
May 2011, in Abbottabad, Pakistan, al-Baghdadi released a statement praising bin Laden
and threatening violent retaliation for his death. On 5 May 2011, al-Baghdadi claimed
responsibility for an attack in Huila, 62 miles south of Baghdad that killed 24 policemen
and wounded 72 others.
Al-Baghdadi remained leader of the ISI until its formal expansion into Syria in
2013, when in a statement on 8 April 2013, he announced the formation of the Islamic
State of Iraq and the Levant. (ISIL) alternatively translated from the Arabic as the Islamic
State in Iraq and Syria- (ISIS).

Legal Framework and Investigation of the Crime of Terrorism

1. Legal Definition of Terrorism or Terror Acts
REPUBLIC ACT NO. 9372'4 (AN ACT TO SECURE THE STATE AND
PROTECT OUR PEOPLE FROM TERRORISM), otherwise known as “Human Security
Act. Of 2007" defined Terrorism as " Any person who commits an act punishable under
any of the following provisions of the Revised Penal Code:
1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup de etat), including acts committed by private persons; Article
248 (Murder);
4. Article 267 (Kidnapping and Serious Illegal Detention);
5. Article 324 (Crimes Involving Destruction;

Or under

1. Presidential Decree No. 1613 (The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of
1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal
and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)thereby sowing and creating a condition of
widespread and extraordinary fear and panic among the populace, in order to
coerce the government to give in to an unlawful demand shall be guilty of the
crime of terrorism and shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole as provided for under Act No. 4103,
otherwise known as the Indeterminate Sentence Law, as amended. (Section 1 and
3, RA 9372)

Persons Liable for the Commission of Terrorism.

1. Persons who conspire to commit the crime of terrorism.
2. Any person who, not being a principal under Article 17 of the Revised Penal Code or a
conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime
of terrorism or conspiracy to commit terrorism by previous or simultaneous acts.
3. Any person who, having knowledge of the commission of the crime of terrorism or
conspiracy to commit terrorism, and without having participated therein, either as
principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part
subsequent to its commission in any of the following mariner: (a) by profiting himself or
assisting the offender to profit by the effects of the crime; (b) by concealing or destroying
the body of the crime, or the effects, or instruments thereof, in order to prevent its
discovery; (c) by harboring, concealing, or assisting in the escape of the principal or
conspirator of the crime.
Notwithstanding the above paragraph, the penalties prescribed for accessories
shall not be imposed upon those who are such with respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity
within the same degrees, with the single exception of accessories falling within the
provisions of subparagraph (a).

B. Drug Trafficking

Definitions
Drug Trafficking/ Illegal Drug Trade. A global black market activity consisting of
production, distribution, packaging and psychoactive substances.

Drug Trafficking Activities

1. Discovery, plantation, cultivation and harvest
2. Preparation for distribution
3. Manufacture, synthesis and refinement
4. Marketing and distribution
Major Drug Traffic Routes
1. Drugs That Originates from the Golden Crescent: Afghanistan; Pakistan; Iran
& India
In Southeast Asia, the Golden Crescent is the major supplier of opium
poppy, Marijuana and heroin products in the Western part of Asia. It produces at
least 85% to 90% of all heroin channeled in the drug underworld market.
2. Golden Triangle: Myanmar (Burma), Laos and Thailand Approximately 60% of
the world's opium is produced, and 90% in the Eastern part of Asia.
3. The Silver Triangle: Peru; Bolivia and Colombia Silver Triangle [Peru and
Bolivia (70%) and Colombia (30%)], is the producer of the world's coca leaves
and cocaine based products.

Primary Means of Distribution

1. Hierarchical Arrangement. The manufacturer uses his own men to smuggle,
wholesale, store, and distributes the drugs.
2. Hub-and Spoke-Layout. Taking advantage of local gangs and other localized
criminal organization. The Cartel is at the center with satellite organizations that
may provide certain services to the manufacturer, and then there is a plurality
distinct groups, each with its own chain.

Techniques of Drug Traffickers when Crossing Borders

1. Avoiding border checks by small aircraft and through overload smuggling routes.
2. Submitting to border checks with the drugs hidden in a vehicle, between other
merchandise, in luggage, in or under clothes, inside the body, etc.
3. Buying off diplomats to smuggle drugs in diplomatic mail/luggage to avoid
border checks
Note:
Mule - a lower criminal recruited by a smuggling organization to cross a border
carrying drugs, or sometimes unknowing person in whose bag or vehicle the drugs are
planted, for the purpose of retrieving them elsewhere.

Philippine Drug Enforcement System (RA 9165 the Comprehensive Drug Act of
2002)

Agencies Involved in Drug Enforcement

1. The Dangerous Drug Board [Art. 9 (Sec. 71-81)

The DDB which is under the Office of the President, is the policy -making and
strategy-formulating body in the planning and formulation of policies and programs
on drug prevention and control.

2. The Philippine Drug Enforcement Agency [Mt. 9 (Sec. 82-86) RA 9165]

An agency created by the virtue of RA 9165 which was enacted into law on
June 7, 2002 and signed into law by President Gloria Macapagal Arroyo. It is a part
of Executive Order No. 61, issued January 15, 1999, creating the National Drug
Enforcement and Prevention Coordinating Center which is tasked to orchestrate and
consolidate all the government's anti-drug efforts.

PDEA serves as the Implementing arm of the DDB, and is responsible for the
efficient and effective law enforcement of all the provisions on any dangerous drug
and/ or controlled precursor and essential chemical as provided by the comprehensive
Drug Act of 2002.

National Campaign Strategy against Dangerous Drugs

1. Demand Reduction - Refers to the implementation of preventive education and
public information campaigns to increase awareness of the ill effects of prohibited
drugs. It also includes treatment and rehabilitation of drug dependents.
2. Supply Reduction - Refers to the activities which endeavor to reduce the supply
side/ segment of illegal drugs to the barest minimum level possible. Activities are
centered to the arrest of drug personalities and seizure of illegal drugs through
 intensified police operations. This is to simultaneously drive the prices of drugs
skyrocketing high and create acute shortage of the contraband to death knell level.
Intelligence workshops, neutralization is of transnational and local drug group,
arrest of foreign"! and local drug group, filing cases in courts, seizures of
dangerous drugs, controlled precursors and essential chemicals, and laboratory
equipment, dismantling of shabu laboratories and chemical warehouses, precursor
control, support activities [(operation private group) gathering of information
regarding illegal drug activities and personalities in the neighborhood and
community without disclosing the identity of the informants], monitoring of drug
cases, destruction of seized illegal drugs, and regulatory control.
3. Inter-Agency Cooperation - These are the activities that promote anti-drug
related activities among tasked government agencies in close coordination with
the PDEA, being mandated to lead the drug enforcement and prevention efforts of
the government.
4. International Cooperation - To run after the transnational drugs syndicates; and
plug/ minimize the drug traffic to and from the Philippines. Exchange of
information and relevant technologies that could be used in the anti-drugs
campaign are accessed through the PCTC, INTERPOL, ASEANAPOL,
Defense/Military and Police attaches, embassies, consulates, international NGOs,
like the International Association of chiefs of Police (IACP). These are the
avenues through which international cooperation is tapped against transnational
syndicates and sources of drugs. This is the natural consequence of the
"globalization of the world into a village".

Activities
a. International interdictions
b. Coordination with Interpol
c. Linkages with the ASEAN community
d. U.N. Anti - drug Convention

C. Money Laundering

Definitions
Money Laundering. Covers all procedures to change, obscure or conceal the
beneficial ownership or audit trail of illegally obtained money or valuable so that it
appears to have originated from a legitimate source. It is a process through which the
existence of an illegal source of unlawful application of illicit gains is concealed or
disguised to make the gains legitimate, thereby helping to evade detection, prosecution,
seizure and taxation.

MONEY LAUNDERING PROCESS

• Placement. The physical disposal of cash proceeds derived from the unlawful activity.
The aim is to remove cash from the location of acquisition to avoid detection.
• Layering. Separating illicit proceeds from their source by creating complex layers of
financial transactions designed to disguise the source of money, subvert the audit trail and
provide anonymity. The purpose is to disassociate the illicit proceeds from the unlawful
activity by creating intentionally a complex web of financial transactions aimed at
concealing any audit trail as well as the source and ownership of funds.
• Integration. The final stage in the process at which the money is integrated into
legitimate economic and financial systems and is assimilated with all the other assets in
the system.
Money Laundering Methods
1. Mix dirty money with legitimate funds
2. Use dirty money for legitimate purposes
3. Invest dirty money legitimate business
Some identified methods of money laundering include: double invoicing; direct
cash deposit; back-to-back loans; fake properties transactions; underworld illicit banking
systems; advocate trial fees; smurfing; and fake gambling earnings. Other identified
methods are stock exchange bogus transactions; purchase of shares into holding
companies, off-shore companies, box-letter companies; purchase of shares in private
multinational banks, either directly or through intermediaries; and purchases of gold,
jewelry, luxury items like luxury cars, ships or vessels, planes, real estate properties, etc.

Historical Background of Money Laundering

Money laundering originated in the 1920's when The American mafia owned
Laundromats which were cash businesses. Criminals then used this, Laundromats to hide
illegal proceeds by investing said money in the Laundromats business, or mixing illicit
funds with clean money.
In 1986, The United States passed the Money Laundering Control Act (MLCA),
and in 1988 the United Nations Convention against Illicit Trafficking in Narcotic Drugs
and Psychotropic Substances (VIENNA CONVENTION) made drug money laundering a
criminal offense.
In 1989 The G-7 Nations (France, Germany, Italy, Japan, United Kingdom,
United States, and Canada) formed the FINANCIAL ACTION TASK FORCE (FATF)
which were mandated to devise international standards and policies to combat money
laundering. And in 2000 the United Nations Convention against Transnational Organized
Crime (PALERMO CONVENTION) extended the legal definition of money laundering
to include all serious crimes.

The Anti-Money Laundering Act (REPUBLIC ACT NO. 9160; otherwise known as
the "Anti-Money Laundering Act of 2001, as amended by RA 9194, RA10167, &
10365)

Money Laundering Offense

Money laundering is a crime whereby the proceeds of an unlawful activity

(predicate crime) are transacted, thereby making them appear to have originated from
legitimate sources.
Money Laundering is committed as follows:
1. Any person who transacts or attempts to transact with any monetary
instrument knowing that it involves or relates to the proceed of an unlawful
activity
2. Any. person who facilitates the commission of money-laundering as defined
in no. 1 by knowingly performing or failing to perform an act
3. 3. Any person who fails to disclose and file a report with AMLC of any
instrument or transaction report as required under the law.

D. Trafficking in Persons

Definition

The recruitment, transport, transfer, harboring or receipt of a person by such

means as threat or use of force or other forms of coercion, abduction, fraud or deception
for the purpose of exploitation. It differs from human smuggling for the latter is mainly
about the illegal entry of a person into a State, and it is understood to include an element
of "consent" or willingness

Core Elements of the Concept of Trafficking

1. The action of trafficking which means the recruitment, transportation, transfer,

harboring or receipt of persons;
 2. The means of trafficking which includes threat of or the use of force, deception,
coercion, abuse of power or position of vulnerability;
3. The purpose of trafficking is always exploitation

Note:
Exploitation shall include, at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery or
practices similar to slavery, servitude or removal of organs.

Commonly Identified Form of Human Trafficking

1. Sexual exploitation
2. Forced labor
3. Domestic servitude and forced marriage;
4. Organ removal; and
5. Exploitation of children in begging, the sex trade and warfare

Modalities of Trafficking
1. Recruitment: Methods vary, but usually involve deception or coercion.
Generally, traffickers target persons in harsh living conditions with limited
educational and professional opportunities.
2. Transportation: Traffickers facilitate travel including help with border crossings,
provision of counterfeit documentation, bribing officials, as required. Depending
on the region and the potential financial gain, various modes of transportation are
used, including via the sea.

3. Control and Exploitation: This is part of the trafficking scheme. Upon arrival of
the country of transit and destination, victims May times are compelled into slave-
like working conditions, and trafficked women and children are often forced into
prostitution. They are kept in debt bondage, obliged to pay back heavy debt
arising out of the cost of transport of fake documents, and often have their
passport and money confiscated in order to control their movements. Women
have been found up in brothels. In many cases, victims of trafficking and even
their relative’s back home are subjected to physical threats and violence.
They may also be sold and pass on among various groups. This
phenomenon coined the expression "Countries of Circulation," which describes a
situation where victims of trafficking, upon arrival are being passed on among
traffickers and circulated for exploitation in a number of countries.

Anti-Trafficking In Persons Act Of 2003 [ RA 9208]

The Fight against human trafficking in the Philippines is guided by REPUBLIC

ACT NO. 9208 (ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN
PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE
NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND
SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER)which was enacted on May 26, 2003.

Acts Considered as Trafficking in Persons

The following are considered as an act of trafficking in persons, to wit:

1. Recruiting, transporting, transferring; harboring, providing, or receiving a person

by any means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
2. Introducing or matching for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution;
 pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage; .
3. Offering or contracting marriage, real or simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary servitude or debt
bondage;
4. Undertaking or organizing tours and travel plans consisting of tourism packages
or activities for the purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
5. Maintaining or hiring a person to engage in prostitution or pornography;
6. Adopting or facilitating the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
7. Recruiting, hiring, adopting, transporting or abducting a person, by means of
threat or use of force, fraud, deceit, violence, coercion, or intimidation for the
purpose of removal or sale of organs of said person; and Recruiting, transporting
or adopting a child to engage in armed activities ia the Philippines or abroad.

Acts that Promote Trafficking in Persons

1. Knowingly lease or sublease, use or allow to be used any house, building or

establishment for the purpose of promoting trafficking in persons;
2. Produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers and certificates of any government agency which
issues these certificates and stickers as proof of compliance with government
regulatory and pre-departure s requirements for the purpose of promoting
trafficking in persons;
3. Advertise, publish, print, broadcast or distribute, or cause,, the advertisement,,
publication, printing, broadcasting or distribution by any means, including the_
use of information technology and the Internet, of any brochure, flyer, or, any
propaganda material that promotes trafficking in persons;
4. Assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies
that are man ate to provide pre-departure registration, and services for departing
persons for the purpose of promoting trafficking in persons;
5. Facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the purpose
of promoting trafficking in persons;
6. 6Confiscate, conceal, or destroy the passport, travel documents, or personal
documents or belongings of trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking redress from the government or
appropriate agencies; and
7. Knowingly benefit from, financial or otherwise, or make use of, the labor or
services of a person held to a condition of involuntary servitude, forced labor, or
slavery.

Qualified Trafficking in Persons

The following are considered as qualified trafficking:

1. When the trafficked person is a child;

2. When the adoption is effected through Republic Act No. -8043, otherwise known as
the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
3. When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale
if committed against three (3) or more persons, individually or as a group;
4. When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a
public officer or employee;
5. When the trafficked person is recruited to engage in prostitution with any member of
the military or law enforcement agencies;
6. When the offender is a member of the military or law enforcement agencies; and
7. When by reason or on occasion of the act of-trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS).

E. Cybercrimes

Definition
Cybercrime. The commission of a criminal acts using the instruments of modern
technology such as computers and the internet.

Types of Cybercrimes

1. Cyber theft. Use of cyberspace to either distribute illegal goods or services or to

defraud people for quick profits. E.g. Illegal copyright infringement, identity
theft, internet securities fraud, warez.
2. Cyber vandalism. Use of cyberspace for revenge, destruction, and to achieve a
malicious intent. E.g. Website defacement, worms, viruses, cyber stalking, cyber
bullying.
3. Cyber terrorism. An effort by covert forces to disrupt the intersection where the
virtual electronic reality of computers meets the physical world. E.g. Logic bombs
use to disrupt or destroy "secure" systems or network, Internet used to
communicate covertly with agents around the world.

The Cybercrime Prevention Act of 2012 [ RA 10175]

REPUBLIC ACT 10175

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES
THEREFOR AND FOR OTHER PURPOSES [Cybercrime Prevention Act of 2012].
APPROVED: September 12, 2012

PUNISHABLE ACTS

1. Offenses against the confidentiality, integrity and availability of computer data

system, such as: illegal access, illegal interception, data interference, system
interference, misuse devices, and cybersquatting.
2. Computer-related offenses, such: as computer-related forgery, computer related
fraud, and computer-related identity theft.
3. Content-related offenses, such as: cybersex, child pornography, unsolicited
commercial communications, and libel.
4. Other offenses, such as: aiding or abetting in the commission of cybercrime, and
attempt in the commission of cybercrime {Sections 4 & 5}.

PRESERVATION AND DISCLOSURE OF COMPUTER DATA

PRESERVATION OF COMPUTER DATA BY SERVICE PROVIDER:

Minimum period of 6 months from the date of transaction.

PRESERVATION OF THE CONTENT DATA: 6 months from the date of

receipt of the order from law enforcement authorities requiring its preservation
 DISCLOSURE OF COMPUTER DATA: Within 72 hours from receipt of the
order in relation to a valid complaint officially docketed for investigation.
{Section 13 & 14}

Note:
Service provider - refers to any public private entity that provides to users
of its service the ability to communicate by means of computer system; any other
entity that process or stores computer data on behalf of such communication
service or users of such service.

POWERS AND DUTIES OF LAW ENFORCEMENT AUTHORITIES DURING

THE SEARCH, SEIZURES AND EXAMINATION OF COMPUTER DATA
1. To secure a computer system or a computer data storage system
2. To make and retain a copy of those computer data secured
3. To maintain the integrity of the relevant stored computer data
4. To conduct forensic analysis or examination of the computer data storage medium
5. To render inaccessible or remove those computer data in the accessed computer
and communications network {Section 15}.

CUSTODY OF THE COMPUTER DATA: Deposited under the custody of the court
within 48 hours after the examination as provided by the warrant {Section 16}.

JURISDICTION: Regional Trial Court [Special Cybercrime Court] {Section 21}.

THE CYBERCRIME INVESTIGATION AND COORDINATING CENTER: Under the
Administrative supervision of the OPRES for policy coordination among concerned
agencies and for the formulation and enforcement of the national cyber security plan
{Section 24}

COMPOSITION OF THE CICC {Sec 25}

Chairperson - Executive Director of the Information and Communications
Technology, Department of Science and Technology (ICTO-DOST)
Vice Chairperson - NBI Director
Members - PNP Chief, Head of the DOJ Office of Cybercrime and 1
representative from the private sector and academe.

Effects of Transnational Crime to Police Service

With globalization, commission of transnational crimes across borders is

facilitated, and the need for bilateral and international cooperation become now
imperative. It also indicates that policing should be more current and effective. Police
should gain insights into how to deal with these new breeds of crimes. Best practices
maybe adopted from other police models. The goal is to test whether the theory and
practice in policing needs innovation to meet the demands of the present trends in crime
fighting.

The Fight Against Transnational Crime

The key struggle against transnational crime is dynamic cooperation base upon:
1. Mutual trust;
2. Common perception of the threat;
3. Realization that crime must be influence beyond national borders;
4. Understanding of the limitations of domestic intervention and unilateral action; and
5. Signaled attention to work with other interested nations in the interest of protecting
national integrity and sovereignty.

1. UN Convention Against Transnational Crime

Features:
a. Creation of domestic criminal offenses to combat the problem;
 b. Adoption of new, sweeping frameworks for mutual legal assistance,
extradition, law enforcement cooperation, technical assistance and training.

2. UN Protocols on Specific Areas of Transnational Organized Crime

Features:
a. Protocol to prevent, suppress and punish trafficking in persons, especially
women and children;
b. Protocol against smuggling of migrants by land, air and sea; and
c. Protocol against the illicit manufacturing of and trafficking of firearms, its
parts, components and ammunition.

Philippine Response to Transnational Crimes

The Creation of the Philippine Center for Transnational Crime (PCTC)
Legal Basis
1. Executive Order No.62 Series of 1999 (January 15, 1999) - PCTC is
created to establish a shared database among concerned agencies for information
on criminals, methodologies, arrest and conviction on 'transnational crime in all
its forms.

2. Executive Order No.100 Series of 1999 (May 7, 1999), Executive No.295

(September 28, 2002) and Executive Order No.146 (October 22, 2002) -
strengthen the operational, administrative and information support system of the
PCTC. Under these EO's, the center shall exercise general supervision and control
over the following:
1. Loop Center of the National Action Committee on Anti - Hijacking and
Terrorism (NACAHT)
2. International Criminal Police Organization ICPO-INTERPOL-NCB
Manila, which has been reconstituted to serve as the national liaison office
and -main coordinating body for international police cooperation against
transnational crime.
3. Police attaches of the Philippine National Police, and
4. Political attaches /counselors for security matters of the Department of
Interior and Local Government (DILG).

Four Major Concerns of PCTC

1. Information Exchange
2. Strategic Studies
3. Capacity Building
4. Law Enforcement Coordination

Activities of the PCTC to underscore its Role in the Fight Against Transnational
Crimes
1. Strong Regional Coordination - the PCTC serves as a focal point in seeking the
assistance and support of member countries in the ASEAN and Asia Pacific
Regions by strengthening international cooperation.
2. Support to the United Nations - PCTC is involved in the drafting of the main
text of the UN Convention against Transnational Crime and other related
protocols.
3. Capacity Building of Local Government Units - PCTC conducts simulation
exercises to assist local government units in the country in coping with the issues
and concerns relative to crisis situation.
4. National Cooperation - PCTC host various technical working group meetings
formulating proposed legislation.

PCTC's Command and Control

1. The PCTC is under the office of the President but placed under the general
supervision and control of the National Security Adviser
2. The Executive Director has immediate supervision and control over all units of
PCTC. As such he is authorized to designate duties and functions of all units and
Personnel of the PCTC; and
3. The Executive Director has direct operational and supervisory authority over
personnel and resources detailed with PCTC.
Presently the PCTC have two (2) Executive Offices and four (4) Directorates:
Executive Offices:
1. Office of the Executive Director (OED)
2. Office of the Deputy Executive Director (ODED) who also act as chairman of the
Committee on Decorum, Grievance Committee, and ravel Board Personnel
Selection and Recruitment Committee, and Travel Board Personnel Selection and
Recruitment Committee

Directorates:
1. Directorate for Support Services (DSS) - performs its functions through its
Administrative Divisions, Security Service Division, and Budget and
Finance Division

2. Directorate for Operations (DO) - performs its functions through its

INTERPOL Command and Coordination Division, Case Management
Division, Capacity Building Division, and Fugitive Investigation and International
Notices Division

3. Directorate for Research (DR) - performs its functions through its six (6) Division
namely:
a. Public Safety and Terrorism Division
b. Drugs and Criminal Organization Division
c. Financial And High-Tech Crimes Division
d. Special Crimes Division
e. Human Trafficking and Smuggling Division
f. Information and Technology Division

4. Directorate for Plans and Policies performs its functions through its three (3)
Division namely:
a) Strategic Research Division
b) Policy Formulation Division
c) International Cooperation Division

Legislative Responses Against Specific Transnational Crimes

1. Public Safety and Terrorism: RA 9372 - Human Security Act of 2007; RA 6969 -
Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990; PD 532
- Anti -Piracy and Anti-Highway Robbery Law of 1974; PD 1866 as amended by
RA 8294 - Decree Codifying the Law on Illegal/ Unlawful Possession,
Manufacture, Dealing In, Acquisition or Disposition of Firearms, Ammunition
and Explosives; RA 9851 - Philippine Act on Crimes against International
Humanitarian Law, Genocide, and Other Crimes Against Humanity; and RA
10168 - Law that Punishes Terrorist Financing
2. Trafficking of Human Beings: RA 9208 Anti - Trafficking in Persons Act of
2003; RA 8042 - Migrant Workers and Overseas Filipino Workers Act (Illegal
Recruitment); RA 8043 - Inter - Country Adoption Act; RA 6955 - Anti -Mail
Order Bride Act; RPC, Article 272 - Slavery; and RPC, Article 341 - White Slave
Trade
3. Financial and High-Tech Crimes: RA 9160 as amended by RA 9194, RA 10167
& RA 10365 - Anti - Money Laundering Act of 2001; RA 8484 - Access Devices
Regulation Act; RA 8792 - Electronic Commerce Act of 2000; RA 4200 - Anti -
Wire Tapping Law; Republic Act No. 10175 - Cybercrime Act of 2012.
4. Drug Trafficking/Smuggling: RA 9165 - The Comprehensive Dangerous Drug
Act of 2002 as amended by RA 10640

PNP Agreements with ASEAN Police Organizations

1. Memorandum of Understanding (MOU) between the PNP and KNPA; September 10,
2013 in South Korea which covers cooperation in crime information exchange,
capacity building, exchange in law enforcement technology, studies on the prevention
and control of illicit drug trafficking, terrorism, arms smuggling, human trafficking,
 cybercrimes, money laundering, international economic crimes and banking offenses,
and forgery, among others. It also provides establishment of Police Liaison Desks in
the PNP and KNPA to facilitate police assistance to Filipino nationals.
Memorandum of Understanding (MOU) between the PNP and the Indonesian
National Police (INP) to expand regional inter-agency cooperation against transnational
crimes on March 8, 2011 at the Istana Merdeka in Jakarta. The agreement covers the
following crimes: drug trafficking, terrorism, arms smuggling, human trafficking,
maritime piracy, cybercrimes, commercial crimes, bank offenses, credit card fraud,
fraudulent travel documents, and other forms of commercial and financial fraud.