No. 104
February 2001

Established1961
IN THIS ISSUE
Page

LETTER FROM THE DIRECTOR ...................................................................................................................................... 1

THE 117TH INTERNATIONAL SEMINAR ..................................................................................................................... 3

CURRENT SITUATION AND COUNTERMEASURES AGAINST MONEY LAUNDERING
Seminar Rationale .................................................................................................................................................... 3
Seminar Summary .................................................................................................................................................... 6
Lecture Topics ........................................................................................................................................................... 7
Individual Presentation Topics ................................................................................................................................ 8Group Workshop Sessions ..................................................................................................................................... 10
Topic 1
Topic 2
Topic 3Observation Visits .................................................................................................................................................. 19Group Study Tours............................................................................................................................................... ...20
Special Events .......................................................................................................................................................... 21
Reference Materials Distributed............................................................................................................................ 23
Visiting Experts and Counsellors .......................................................................................................................... 27
Participants ............................................................................................................................................................... 28
NEPAL-UNAFEI JOINT SEMINAR…………………………………………………………………………...…31
INFORMATION ABOUT PROGRAMMES & ACTIVITIES ........................................................................................ 32
Training Programmes............................................................................................................................................. 32
The 118th International Training Course.............................................................................................. 32
The 119th International Training Course.............................................................................................. 34
Sixth Special Seminar for Senior Criminal Justice Officials of the People's Republic ofChina ........................................................................................................................................................ 35
Overseas Trips by Staff........................................................................................................................................... 35
FACULTY & STAFF OF UNAFEI ..................................................................................................................................... 36

UNAFEI IS AN AFFILIATED REGIONAL INSTITUTE OF THE UNITED NATIONS

1

LETTER FROM THE DIRECTOR

It is my privilege to inform readers of the successful completion of the 117th International
Senior Seminar on the “Current Situation and Countermeasures against Money Laundering”, heldfrom 15 January to 16 February 2001. In this Seminar, we welcomed 6 Japanese and 17 overseas
participants: 10 from Asia, 2 from Oceania, 1 from Latin America, 1 from the Middle East and 3
from Africa. They included police, public prosecutors, judges and other high-ranking public officials.
As this newsletter demonstrates, the Seminar was extremely productive. It consisted of Individual
Presentations, Group Workshop sessions, visits to relevant criminal justice agencies, andpresentations by visiting experts and ad hoc lecturers.
During the five-week period, the participants diligently and comprehensively examinedmeasures to strengthen and improve international cooperation in the fight against transnationalorganized crime. This was accomplished primarily through comparative analysis of the current
situation and problems of preventing money laundering in the international arena. Our in-depth
discussions enabled us to put forth effective and practical solutions to emerging problems in thechanging international society.
Transnational organized crime, including drug trafficking, trafficking in women and children,the illicit manufacturing of and trafficking in firearms, and the illegal trafficking and transportation of
migrants, is a serious global problem, particularly for the Asia-Pacific region. Money laundering –the conversion or transfer of property to conceal its illicit nature or origin – has been the primarymeans of motivating, funding and developing such crime. As such, money laundering undermines theintegrity of legitimate national economies, global financial systems and fundamental social values;
promoting the growth of organized crime and facilitating its expansion.
In recognition of the gravity of this situation, the United Nations has given special attention to
the issue of money laundering in curbing the growth of transnational organized crime. In the year
2000, the Convention against Transnational Organized Crime was drafted on the common
understanding that predicate offenses for money laundering need to be expanded to cover all serious
offenses, and that more effective countermeasures against organized crime need to be introduced at
the domestic and international level. The Convention has since been adopted by the UN General
Assembly (November, 2000) and signed by more than 120 member states (December, 2000, Italy).
In consideration of this, UNAFEI (as a United Nations regional institute) decided toundertake a series of international training courses and seminars under the general subject of“transnational organized crime”. This seminar was the first to be conducted specifically on the issueof money laundering. During the Seminar we explored possible solutions to our common problems
in this regard through frank discussions in the related sessions. Thus I have no doubt that theoutcome produced in this seminar will enable all of us to face the challenges of organized crime
generally, and money laundering specifically, more resolutely.
I would like to offer my sincere congratulations to all the participants for their successful
completion of the Seminar, made possible by their strenuous efforts. My heartfelt gratitude goes tothe visiting experts and ad hoc lecturers who contributed a great deal to the Seminar's success.
Furthermore, I appreciate the indispensable assistance and cooperation extended to UNAFEI byvarious agencies and institutions, which helped diversify the programme.

2

A warm tribute must be paid to the Japan International Cooperation Agency (JICA) for its
immeasurable support throughout the Seminar. At the same time, I must express great appreciation
to the Asia Crime Prevention Foundation (ACPF) and its branch organizations for their substantial
contributions. Lastly, I owe my gratitude to all the individuals whose unselfish efforts behind thescenes contributed significantly to the successful realization of this Seminar.
Upon returning to their home countries, I genuinely believe that, like their predecessors, thestrong determination and dedication of the participants will enable them to work towards the
improvement of their respective nation's criminal justice systems, and to the benefit of theinternational society as a whole.
Finally, I would like to reiterate my best regards to the participants of the 117th International
Senior Seminar. I hope that the experience they gained during the Seminar proves valuable in their
daily work, and that the bonds fostered among the participants, visiting experts, lecturers and
UNAFEI staff will continue to grow for years to come.

February 2001

Mikinao Kitada
Director, UNAFEI

3

THE 117TH INTERNATIONAL SEMINAR“CURRENT SITUATION AND COUNTERMEASURES AGAISNTMONEY LAUNDERING”

Seminar Rationale
Money laundering is the conversion or transfer of property, knowing that such property isderived from criminal activity, for the purpose of concealing the illicit nature and origin of theproperty from government authorities. Typically, this is done by moving it from one country toanother (physically or electronically) and obscuring its origin through complicated financialtransactions.
Money laundering is a growing threat to the security of the international society and thestability of sovereign states. It undermines the integrity of legitimate national economies, global
financial systems, the rule of law and fundamental social values. According to the Financial Action
Task Force on Money Laundering (FATF), it is estimated that the amounts of money launderedannually worldwide from the illicit drug trade alone range between US$300 billion and US$500
billion (1998). The inclusion of laundered illicit funds from economic and other non-drug crime
could potentially more than double these figures.
Money laundering, which is perpetrated under the influence of transnational criminalorganizations, has caused terrible problems in the various countries of the world, including Asia andthe Pacific region. It is predicted to become more sophisticated and difficult to detect due to theincreasing use of professionals, such as lawyers, accountants and financial advisers.
There are many cases of money laundering worldwide. An infamous example of money
laundering from drug sales was “The Pizza Connection”, where 38 people were charged in New
York City with heroin trafficking and money laundering. The case revealed how organized crime
networks were involved in this activity, in collusion with major banks in the United States andSwitzerland. A linkage between the poppy fields of South-east Asia and pizza parlours acrossAmerica was also disclosed1.
Similarly, in July 1991, in a case revealing the complexity of investigating money laundering,
more than US$12 billion in assets was seized from the Bank of Credit and Commerce International(BCCI) after regulators discovered evidence of widespread fraud. The bank actively sought toprovide financial services to underworld profiteers in drug trafficking, terrorism, dictatorships,
intelligence agencies and arms trading, by promoting itself as a safe haven. BCCI was able tocommit or facilitate a variety of crimes through the skilful use of “shell” corporations, off-shore
financial centers (the safe havens of illicit funds), bank secrecy and the complex corporate structureof the bank2.
In recognition of the gravity of international money laundering, initiatives were taken in the
United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
1

Richard Parlour International Guide to Money Laundering Law and Practice, Butterworth & Co Ltd, 1995, P2

2 United Nations Office for Drug Control and Crime Prevention United Nations Global Programme against Money Laundering,
December 1998, DPI/2 010-98-28445E

4(adopted at Vienna, 19 December 1988) to provide anti-money laundering provisions (Paragraph 1,
Subparagraph (b) of Article 3). In accordance with the Convention, many countries legislated
domestic laws to ratify the Convention (at present 108 countries including Japan). However, as theConvention was adopted in relation to drug offences, the provisions relating to money laundering
cover a limited area.
Concurrently, the G-7 Summit in Paris, (1989) established FATF to examine measures tocombat money laundering. In April 1990, FATF issued a report containing a programme of forty
recommendations in this area. The recommendations are designed to provide a comprehensive
blueprint for action against money laundering covering; the criminal justice system and law
enforcement; the financial system and its regulation; and international co-operation. In accordancewith the recommendations, each country has to, for example, establish Financial Intelligence Units(FIU) to collect suspicious transactions and must disclose anonymous accounts or accounts held in
fictitious names. Although the recommendations are not a binding international convention, each of
the FATF members has made a firm political commitment to combat money laundering. In 1996,
the recommendations were modified to take into account recent money laundering trends andpotential future threats.
Similarly, the United Nations Ministerial Conference on Organized Transnational Crime,(Naples, Italy 1994.) adopted an international document entitled the “Naples Political Declaration
and Global Action Plan against Organized Transnational Crime”, which was subsequently endorsedby the United Nations General Assembly. Furthermore, an Ad Hoc Committee on the Elaborationof a Convention against Transnational Organized Crime was created to draft a comprehensive
international convention to counter transnational organized crime. During the discussions of theCommittee, it has been generally understood that predicate offences for money laundering should
not be limited to drug-related crimes and that more effective countermeasures against money
laundering must be introduced to combat transnational organized crime. Against the background ofsuch international concern, in February 1997 the Asia/Pacific Group on Money Laundering (APG)
was established to examine measures to combat money laundering within the Asia-Pacific region, as
well as at the international level.
Taking this into consideration, UNAFEI, as a regional institute (affiliated with the United
Nations) for the prevention of crime and the treatment of offenders, decided to undertake a series ofinternational training courses and seminars for the coming years under the general subject of“transnational organized crime”. This seminar on money laundering is part of UNAFEI’s continuingcommitment to this internationally important theme.
Giving due consideration to the above rationale, this seminar will explore the ways andmeans of strengthening and improving methods and techniques in the fight against money laundering.
By gathering best practice examples from the participants, analyzing the factors for success, we will
be able to develop more effective countermeasures against money laundering at each stage of thecriminal justice process. Sharing practical information and experience on how other countries tackle
our common issues will facilitate our efforts against money laundering.
In the discussions of this seminar, focus will be placed on the following elements:
1.

Current situation of:(a)
Money laundering cases (number, scale, etc)(b)
Major transnational organized criminal groups and their activities52.

Current situation of:(a)Criminalization of money laundering(b)
Scope and extension of predicate offences for money laundering(c)
Function and activities of Financial Intelligence Units (FIU)(d)
Cooperation by banks and non-bank financial institutions(e)Asset confiscation(f)
Other anti-money laundering systems/strategies

3.

Discussion of specific money laundering cases to identify problems and solutions at
the stage of investigation, prosecution and trial.

4.

Introduction of successful cases involving the cooperation of financial institutions inproviding information on suspicious financial transactions. Discussion on the
involvement of off-shore financial centers, and on practices of information sharing
between FIU and law enforcement agencies.

5.

Effective investigation methods for money laundering. Practices and problems
relating to the following methods:(a)Controlled delivery(b)Electronic surveillance (wire-tapping, communications interception, etc)(c)
Undercover operations

6.

Issues relating to conventional investigative techniques such as interrogation ofsuspects, interviews with witnesses, search and seizure, shadowing, observations,etc. Strategies to facilitate money laundering investigation, such as immunity fromprosecution.

6

Seminar Summary
Lectures
In total, 8 lectures were presented by visiting experts and course counselors, and 2 by ad
hoc lecturers. Six distinguished criminal justice practitioners from abroad served as UNAFEI
visiting experts or course counselors. They lectured on issues relating to the main theme, andcontributed significantly to the Seminar by encouraging discussions after their own lectures,
participating in the discussions of other programmes, and conversing with the participants on
informal occasions. Additionally, ad hoc lectures were delivered by distinguished senior officials of
the Government of Japan. The lecturers and lecture topics are listed on page 7.
Individual Presentations
During the first two weeks, each Japanese and overseas participant delivered a one-hour
Individual Presentation respectively, which introduced the actual situation, problems and future
prospects of his/her country. These papers were compiled into a book entitled "COUNTRYREPORTS FOR THE INTERNATIONAL SEMINAR IN CRIME PREVENTION" anddistributed to all the participants. The titles of these Individual Presentation papers are listed on
pages 8 and 9.
Group Workshop Sessions
Group Workshop Sessions further examined the subtopics of the main theme. In order to
conduct each session effectively, the UNAFEI faculty selected individuals to serve as ‘groupmembers’ for the sub-topics, based on their response to a questionnaire previously distributed.
Selected participants served as chairpersons, co-chairpersons, rapporteurs or co-rapporteurs, andfaculty members served as advisers. Each group’s primary responsibility was to explore anddevelop their designated topics in the Group Workshop Sessions. The participants and UNAFEI
faculty seriously studied the topics and exchanged their views based on information obtained throughpersonal experience, the Individual Presentations, lectures and so forth. After the Group Workshop
Sessions, reports were drafted based on the discussions in the conference hall. These reports were
subsequently presented in the Report-Back Session, where they were endorsed as the reports of the
Seminar. Summaries of the Group Workshop reports are provided on pages 10 through 19.
Visits and Special Events
Visits to various agencies and institutions in Japan helped the participants obtain a morepractical understanding of the Japanese criminal justice system. In addition to the Seminar's
academic agenda, many activities were arranged to provide a greater understanding of Japanesesociety and culture, with the assistance of various organizations and individuals, including the Asia
Crime Prevention Foundation (ACPF). For more detailed descriptions, please refer to pages 19
through 22.
Lecture Topics

7

Visiting Experts' Lectures
1)

Mr. Daniel P. Murphy (Canada)• Canada’s Anti-Money Laundering Regime• The Impact of the Digital Age on Money Laundering Investigations

2)

Mr. Peter Wilkitzki (Germany)• Current Situation of and Countermeasures against Money Laundering: A German andEuropean Perspective

3)

Dr. Gil Galvao (Portugal)• Countering Money Laundering: the FATF, the European Union and the Portuguese
Experience – Past and Current Developments

4)

Ms. Susan L. Smith (United States of America)• The Fight against Money Laundering: The U.S. Perspective

Course Counselors Lectures
1)

Mr. Jung-Sug Chae (Hong Kong)• Current Situation of and Countermeasures against Money Laundering : Focusing on theExperience and Legal Policies of the Republic of Korea

2)

Mr. Sin Kam-wah (Hong Kong)• Current Situation of and Countermeasures against Money Laundering: Hong Kong

Ad Hoc Lectures
1)

Mr. Yuuki Furuta
Director General of the Criminal Affairs Bureau, Ministry of Justice• Current Issues of Criminal Justice Administration in Japan: Special Emphasis on the Current
Situation of and Countermeasures against Money Laundering

2)

Mr. Hideaki Suzuki
Director, Japan Financial Intelligence Office• The Role of the Japan Financial Intelligence Office8

Individual Presentation Topics
Overseas Participants1)

Ms. Nadira Tabassum (Bangladesh)• Current Situation of and Countermeasures against Money Laundering

2)

Mr. Phoung Sophy (Cambodia)• Country Report

3)

Mr. Paymond Porter Aguilar (Costa Rica)• The Crime of Legitimation of Originating Capital of Drug Trafficking in the Costa Rican
Legislation

4)

Mr. Kevueli Tunidau (Fiji)• Fiji Country Paper

5)

Mr. Sudhir Kumar Awasthi (India)• Current Situation of and Countermeasures against Money Laundering

6)

Mr. Soeparno Adi Soeryo (Indonesia)• The Elimination of the Criminal Act of Money Laundering in Indonesia

7)

Mr. Richard Otieno Okore (Kenya)• Current Situation of and Countermeasures against Money Laundering

8)

Mr. Md. Ahmad Zaidi Bin Ibrihim (Malaysia )• An Overview of the Money Laundering Situation in Malaysia

9)

Mr. Kedar Prasad Poudyal (Nepal)• Money Laundering Offence and Efforts to Combat it in the Nepalese Context

10)

Mr. Bader Taltb Al-Shaqst (Oman)• Current Situation of and Countermeasures against Money Laundering

11)

Mr. Ahmad Nasim (Pakistan)• Money Laundering with Special Reference to Pakistan

12)

Mr. Camillus Jacob Sambua (Papua New Guinea)• Money Laundering in Papua New Guinea

13)

Mr. Meinrado P. Paredes (Philippines)• Current Situation and the Countermeasures against Money Laundering

14)

Ms. Ronel Van Wyk (South Africa)• Current Situation of and Countermeasures against Money Laundering in South Africa

915)

Mr. Dappula Prasantha Joseph De Livera (Sri Lanka)• Current Situation of and Countermeasures against Money Laundering in Sri Lanka

16)

Mr. Saidi Ally Mwema (Tanzania)• Current Situation of and Countermeasures against Money Laundering: Tanzania’s Experience17)

Mr. Pol. Col. Pisan Mookjang (Thailand)• Current Situation of and Countermeasures against Money Laundering in Thailand

Japanese Participants
18)

Mr. Ryoichi Chihara (Japan)• The Profiles and Treatment of Drug Addicted Inmates in the Correctional Institutions of Japan19)

Mr. Takashi Itoyama (Japan)• The Forfeiture of Illegal Profits in the Prosecution of Money Laundering Cases

20)

Mr. Haruo Maruyama (Japan)• Community-based Treatment of Offenders in Japan

21)

Mr. Wataru Nemoto (Japan)• The Current Situation and Problems of Judicial Practice Regarding the Control of Illicit
Proceeds in Japan22)

Mr. Mitsuru Nishikori (Japan)• The International Activity of Japan’s Coast Guard (JCG)23)

Mr. Tatsuo Ueda (Japan)• The Suspicious Transaction Reporting System and Its Effective Use

10Group Workshop Sessions
The following section summarizes the Group Workshop Session reports. The full text of thereports will be included in UNAFEI Resource Material Series No. 58
Topic 1METHODS FOR OBTAINING INTELLIGENCE FOR THE
INVESTIGATION OF MONEY LAUNDERING

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Advisers
Course Counsellor

Mr. Sudhir Kumar Awasthi(India)Mr. Dappula Prasantha Joseph De Livera
Mr. Kevueli Tunidau
Mr. Tatsuo Ueda
Mr. Phoung Sophy
Mr. Raymond Porter Aguilar
Mr. Ryoichi Chihara
Mr. Bader Talib Al-Shaqsi(Sri Lanka)(Fiji)(Japan)Prof. Yuichiro Tachi
Prof. Shinya Watanabe
Prof. Mikiko Kakihara
Mr. Sin Kam-wah(UNAFEI)(UNAFEI)(UNAFEI)(Hong Kong)(Cambodia)(Costa Rica)(Japan)(Oman)

Report SummaryI.

INTRODUCTION

The group sought to identify the relevant intelligence methods regarding money laundering,with specific emphasis on intelligence gathering at the stage where the proceeds of crime enter thefinancial system - the choke point or nerve center in this process. In this context, the STR systemand the Financial Intelligence Unit are considered to be focal elements which are internationallyrecognized for gathering intelligence. Therefore they have been given the highest consideration by
the group.
II.

FINANCIAL INTELLEGENCE UNITS & THE STR SYSTEM

The objective of an STR system is to facilitate the detection of the illicit proceed of crime as
it enters the financial system via financial institutions, i.e. at the placement stage of money laundering.
This is where money laundering is most vulnerable. Financial Intelligence Units are functioning insome countries (as envisaged in their statutes) to combat money laundering. However, various
problems have been experienced in their functioning, and consideration should be given to theviability of making it a potent weapon against crime.
Money laundering has become a global phenomenon with the help of modern technology,
and it needs a global effort to combat it. A number of countries do not have legislation to criminalize
money laundering. All such countries need to introduce legislation in this connection to make thiseffort successful. International pressure also needs to be brought on such countries to take
immediate steps in this direction. Some countries have legislation to fight money laundering but havenot created the necessary infrastructure to deal with the problem, e.g. certain countries have notcreated an FIU.

11

Such countries need to expeditiously create FIUs suitable to their situation, in order to fightmoney laundering effectively. There are certain countries which have the required legislation and
FIU, but their STRs are limited only to banks and financial institutions. Each country should
consider the broadening of the scope of the STR system according to its situation and requirements.
Another problem is the receipt of STRs from banks and financial institutions without otherrelevant information about the transactions. Without proper analysis, this information does not servea useful purpose in identifying and detecting whether a transaction relates to money laundering.
FIUs need to have wide access to databases for enforcement agencies like the police, publicprosecutors, anti-drug enforcement agencies, anti-corruption agencies, customs and income tax
authorities, in order to meaningfully analyze the STRs.
Proper education and training of bank and financial institution personnel is necessary inproperly identifying suspicious transactions. Certain countries have issued detailed guidelines tobanks and financial institutions as to which transactions are to be suspected. There is also thenecessity to monitor banks and other financial institutions to ensure that they comply with instructions
and guidelines regarding the submission of STRs. In certain countries, a bank official has been
designated as a compliance officer who monitors whether the guidelines are enforced. This
experience has been found to be useful and should be considered for adoption by other countries.
Further, sanctions for non-disclosure of STRs and non-compliance with the guidelines insubmitting STRs by banks and other financial institutions need to be made in the relevant statutes. It
is noted that some countries do not have criminal sanctions for non-compliance. These countries
should consider appropriate sanctions for non-compliance in their legislation.
STRs need to be broad based in order to be effective as an intelligence method in the fight againstmoney laundering. It has been found that in countries where legal provisions for mandatory
reporting to FIUs exist, money launderers have turned to alternative avenues of money laundering
due to the tightening of controls in the financial sector. Legal provisions ought to be made requiring
lawyers, accountants, tax advisors, real-estate agents, dealers of high value goods and casinos etc tofile STRs.

II.

OTHER INVESTIGATIVE METHODS

Apart from STRs, there are other methods of intelligence for the investigation of money
laundering incidents. These include private informers, electronic/cyber surveillance, undercover
operations, and information derived from interrogations in other criminal investigations. The use ofprivate informers could serve as a useful source of intelligence in money laundering investigations.
Where possible, it is prudent to maintain the anonymity of these informers. Disclosure of the identityof the informer and the nature of the information may jeopardise the credibility of the criminal justicesystem, in that most informants are criminals or persons who have been subject to the long arm of
the law.
Interception of private communication is a commonly used method of intelligence gathering.
The use of electronic devices and computers features as a common tool in these operations. The
use of persons in surveillance could also be described as another means in this regard. The wire-tap,
as it is commonly known, may not be recognized as a legitimate source of intelligence in certain
jurisdictions. However, it is believed to be widely used as a source of intelligence gathering ininvestigations.

12

It should also be stated that the courts have long upheld the validity of undercover
operations as a means of intelligence gathering in investigations. The conduct of personnel in these
operations must not violate fundamental fairness and should not impeach the fundamental rights ofindividuals.
The use of interrogation in criminal investigation would, in certain instances, serve to alert theinvestigator about other crimes. Interviews with persons as part of the criminal investigation could
contribute to intelligence gathering with regard to other criminal activity.
Relevant jurisdictions should be mindful of the global threat that money laundering is posing
to the international community and afford necessary consideration not only to enact necessary
legislation but also create a proper infrastructure to make these laws a reality. Countries also should
be mindful of deficiencies in their legal systems and take appropriate necessary measures to remedy
the situation.

13

Topic 2COMPONENTS AND LEGAL FRAMEWORK FOR
COMBATING MONEY LAUNDERING: CURRENT SITUATION,
PROBLEM AND SOLUTIONS FOR AN ASSET CONFISCATION SYSTEM

Advisers

Mr. Meinrado P. Paredes
Mr. Wateru Nemoto
Mr. Kedar Prasad Poudyal
Mr. Md. Zaidi Bin Ibrahim
Ms. Nadira Tabassum
Mr. Haruo Maruyama
Mr. Richard Otieno Okore
Mr. Camillus Jacob Sambua
Deputy Director Keiichi Aizawa

Visiting Expert

Prof. Chikara Satou
Prof. Akihiro Nosaka
Ms. Susan L. Smith

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members(Philippines)(Japan)(Nepal)(Malaysia)(Bangladesh)(Japan)(Kenya)(Papua New Guinea)(UNAFEI)(UNAFEI)(UNAFEI)(USA)

Report SummaryI.

INTRODUCTION

This group identified problems relating to the tracing, freezing and confiscation of illegal
proceeds, and suggests that strong legislative and administrative measures be enacted to create aneffective confiscation system. On the following issues concerning confiscation, the current situationin the participating countries were examined:
(i)
(ii)

II.

Identification of common problems;Identification of possible solutions.

INTERNATIONAL STANDARDSThe 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs andPsychotropic Substances (Vienna Convention), the Forty Recommendations of the Financial Action
Task Force and the 2000 United Nations Convention Against Transnational Organized Crime are
the primary international instruments.

III.

CURRENT SITUATION AND PROBLEMS

Most of the participating countries have no anti-money laundering laws, and the existing legal
provisions about confiscation are insufficient. The general problems relating to the confiscation ofproceeds are considered as:(i)
Lack of Awareness(ii)
Lack of a Strong Political Will
Specifically, these problems arise in regard to:

14

(i)
(ii)
(iii)

IV.

Narrow Scope of Application of Confiscation Laws: Because of the narrow scopeof the countries’ confiscation laws, successful confiscation actions are limitedStandard of Proof: Sometimes, even though a defendant cannot show the legal
source of their assets, the confiscation will fail because the government is required topresent a higher standard of proof.
Implementation Problems(a)Strong bank secrecy laws(b)
Lack of reporting obligation of financial institutions as regards suspicioustransactions(c)Lack of Financial Intelligence Units(d)
Lack of procedural laws(e)Lack of proper provisions for international co-operation

SOLUTIONS TO IDENTIFIED PROBLEMS
(i)
(ii)

Increase Awareness Concerning Money Laundering
Need for a Comprehensive Proceeds of Crime Law:(a)
All serious crimes to be included(b)
Provisional measures

The types of property to be confiscated:(a)
All movable, immovable, tangible, intangible, claim rights, and securities;(b)
All property that is proved to be crime proceeds or traceable thereto,even if it is registered in another’s name (so long as the owner is not an
innocent owner or a bona fide purchaser for value);(c)
All instrumentalities including real estate, vehicles and machinery whichhave been used, or are intended to be used, in the commission of a crime;(d)
Any proceeds which have been mixed with other legal property, to theextent of the value of the illegal property;(e)Interest and profit generated from the proceeds
In rem confiscation measures is suggested if the legal system of a particular country so permits.
Equally, if a country’s domestic legal system so allows, a defendant should be required to prove thelawful origin of the alleged proceeds of (serious) crime or other property liable for confiscation.
A.

Enhancements for Effective Implementation
(i)
(ii)
(iii)

B.

Bank secrecy laws must be amended to allow law enforcement agencies to obtain
information concerning the location of the proceeds of crime.
Financial institutions must be required to report suspicious transactions.
A Financial Intelligence Unit should be established to analyze suspicious transaction
reports and assist in financial investigations.

Disposition of Confiscated Property
It was concluded that each country should determine the proper use of such property

15

according to their respective laws.
C.

International Co-operation

For confiscation laws to work effectively, countries must apply and enforce their domestic
confiscation measures consistently, and must pursue the confiscation of illegal assets found abroad.
The means to effect a request for assistance in the freezing, seizure and confiscation of illegal
proceeds and asset sharing should be determined through multilateral or bilateral agreements
amongst countries.

V.

CONCLUSION

Effective asset confiscation is a critical tool for modern law enforcement. Through asset
forfeiture, governments can take both the profit out of crime and disrupt criminal activity by forfeiting
the property that makes the crimes possible. Only through such international cooperation, cannations hope to win the fight against transnational organized crime.

16

Topic 3CURRENT SITUATION OF, PROBLEMS IN AND SOLUTIONSFOR THE USE OF SPECIAL INVESTIGATIVE TOOLSIN COMBATING MONEY LAUNDERING

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members
Advisers
Visiting Expert

Mr. Ahmad Nasim
Mr. Takashi Itoyama
Ms. Ronel Van Wyk
Mr. Saidi Ally Mwema
Mr. Soeparno Adi Soeryo
Mr. Misturu Nishikori
Mr. Pisan Mookjang
Director Mr. Mikinao Kitada
Prof. Hiroshi Iitsuka

Prof. Hiroshi Tsutomi
Mr. Peter H. Wilkitzki(Pakistan)(Japan)(South Africa)(Tanzania )(Indonesia )(Japan)(Thailand)(UNAFEI)(UNAFEI)(UNAFEI)(Germany)

Report SummaryI.

INTRODUCTION

Our group examined three special investigation techniques, namely; controlled delivery,
electronic surveillance (wiretapping etc); and undercover operations, as effective weapons incombating money laundering.
II.

UNDERCOVER OPERATIONS

An undercover operation is a method of investigation where substantial information andevidence on money laundering activities are gathered over a period of time, involving the use of
lawful measures by law enforcement and by using undercover agents to obtain such information andevidence. Undercover operations conducted in a proper manner are very expensive and in someinstances, can be a controversial investigative method. Furthermore, it is a dangerous investigativetechnique which may involve innocent members of the public. Proper measures should therefore be
put into place in respect of the sensitivity of the information, the involvement of the public, thesecurity of the agent(s) and the informant, and the evidence gathered during the operation.
The most common problem that countries have to deal with is the question of whether anundercover operation is justifiable and whether it has been executed within the boundaries of the law.
It is important that an undercover operation be approved and monitored. The approval must
require written documentation, stating supporting facts and circumstances.
Another issue which is the subject of legal debate is the question of the role of theundercover agent. Instead of preventing crime, there is some possibility that a police agent may
further or facilitate the commitment of a crime. In money laundering cases, the agent has toparticipate. The involvement of the agent is not an issue of committing the offence, but of intent.
The agent does not help the money laundering offence, but rather assists in preventing further crimes.
A line should be drawn between the legal participation of an undercover agent in illegal activities
and the legal inducement of a crime during the operation. The courts of each country should deal
with this matter in terms of their own legal framework.
The approach of the courts when presenting evidence obtained during undercover
operations is very important. Courts must recognize the importance of not disclosing certain
information on the persons involved and the techniques used. The disclosure of this information can

17lead to the endangerment of the lives of law enforcement officers, persons who allow their properties
to be used, and will reveal the methods used during undercover operations, thus making it difficult to
use those methods in the future.
III.

ELECTRONIC SURVEILLANCEElectronic surveillance can be defined simply as the interception of oral or electronic
communication through wire, telephone, computer etc, in order to listen to and record informationby using technical means. Electronic surveillance can effectively be used in cases such as money
laundering, drug trafficking and extortion. The major problem in the use of this technique is the needto strike a balance between the investigation of the criminal activity and the constitutional rights of theindividual.
Because of its extraordinary invasiveness, the use of electronic surveillance should be limited
to only those times when it is necessary. The necessary requirements can be shown if investigators
can satisfy the court that traditional investigation techniques have been tried and failed, and can
explain how each traditional technique (i.e. interrogation, physical surveillance, search warrants etc)
would be futile or dangerous in the particular investigation.
IV.

CONTROLLED DELIVERY

In terms of the United Nations Convention Against Transnational Organized Crime,‘controlled delivery’ means the technique of allowing an illicit or suspect consignment to pass out of,through or into the territory of one or more states, with the knowledge and under the supervision of
their competent authorities, with a view to the investigation of an offence and the identification of
persons involved in the commission of the offence. This is done for the purpose of furthering theinvestigation of an offence and the possible identification of persons involved in the commission of
the offence.
In many countries, the controlled delivery technique is used as a method for conducting
criminal investigations, but without specific legal authorization being provided for in the domestic law.
In those countries, controlled delivery operations are conducted in accordance with departmental
guidelines in the relevant law enforcement agency, i.e. the police, prosecutors, customs etc.
As money laundering and other predicate offences such as drug trafficking, firearms
smuggling, corruption, fraud, extortion etc. are extremely difficult to detect, investigation requires not
only a high level of skill, professionalism, team-work and cooperation, but also special investigativetechniques. Given the resources expended for such investigations, it is important that thosecontrolling the operation ensure that information is not leaked, as premature publicity will render acontrolled delivery operation useless. Equally, in the public interest, whenever possible, removal ofillegal goods such as drugs, firearms etc should be made and a harmless substance substituted.
V.

CONCLUSION

It is our considered view that special investigative techniques such as controlled delivery,
electronic surveillance and undercover operation should be included in domestic laws, with a view tostrengthening the enforcement of money laundering laws and to intensify law enforcement efforts in
detecting money launderers and prosecuting them. This action will, however, not eradicate
traditional investigation techniques but will supplement detection efforts.

18

Money laundering techniques will progress as technology advances. We should make joint
efforts worldwide to establish anti-money laundering laws and systems. We must also combat
money laundering through training and the exchange of information among countries. Additionally,each country should continue to work closely with its international partners in bilateral andmultilateral assistance agreements to promote further actions to effectively address money launderingand other criminal activities, and to win the fight against money laundering.

19

Observation Visits
Date

Agency/Institution

Main Persons Concerned

Jan 24

Tokyo District Public
Prosecutors Office• Mr. Gan Matsui
Deputy Director
General Affairs Department

Jan 24

Ministry of Justice• Mr. Masahiko Koumura
Minister of Justice• Mr. Kazuaki Morimoto
Private Secretary to the Minister of JusticeFeb 1

Supreme Court• Judge Tsugio Kameyama
Supreme Court Justice• Judge Yukihiko Imasaki
Director,
Second Criminal Affairs Bureau• Mr. Junichi Shirakura
Liaison Officer
Secretariat Division
General Secretariat

Feb 6

Fuchu Prison• Mr. Kanichiro Ishiwatari
Assistant Director
General Affairs Division

20Group Study Tours
Date

Group

Agency/Institution

Main Persons Concerned

Jan
28~30

Okinawa• Naha District Public Prosecutors Office• Mr. Seisui Kamigaki
Chief Prosecutor• Mr. Tatsuya Inagawa
Deputy Chief Prosecutor

Feb
12~14

HiroshimaKansai• Okinawa Prefectural Police Headquarters• Mr. Hiroyuki Ota
Chief Police Officer• 6th Regional Coast Guard Headquarters• Mr. Osamu Shiroichi
Deputy Director
Guard & Rescue Division

21

Special Events
January 15

Welcome Party

January 17, 25 & February 5,7Japanese Conversation Classes
The overseas participants attended Japanese conversation classes provided by JICA.
They learned practical Japanese expressions. The Sensei (teacher) was Ms. Yukiko Shiina.
Iroiro Arigato Gozaimashita.

January 24
Courtesy Visit to the Minister of Justice
Minister of Justice, Mr. Masahiko Koumura greeted the participants during their visit to
the Ministry of Justice.
Reception by Vice-Minster of Justice
After visiting the Ministry of Justice, a reception was held by Vice-Minister of Justice, Mr.
Kunihiro Matsuo at the Lawyers Club, Tokyo.

January 28~30
Okinawa Trip
In addition to official visits to the Naha District Public Prosecutors Office and Okinawa
Prefectural Police Headquarters, the participants enjoyed sightseeing, including visits to ‘Ryukyu
no Yakata’ (textiles museum), Okinawa Glass Village, the Mabuni Hill and Himeyuri monuments,
Shuri-jo Castle, and the Naha Traditional Arts and Crafts Centre.

February 1
Courtesy Visit to Supreme Court JusticeDuring their visit to the Supreme Court, the Honorable Justice Kameyama received theparticipants in his private chambers.
ACPF Nangoku-kai Party
Asia Crime Prevention Foundation (ACPF) Nangoku-kai Branch, affiliated with ACPF
Headquarters, hosted a dinner party in the Ruby Ballroom of the Hotel Pacific Meridien Tokyo,
Shinagawa, in honor of the participants.

February 2

Public Lecture Programme
The Public Lecture Programme is conducted annually to increase social awareness ofcriminal justice issues through comparative international study. The Programme, sponsored by
the Asia Crime Prevention Foundation (ACPF), the Japan Criminal Policy Society (JCPS) and
UNAFEI, was held in the Grand Hall of the Ministry of Justice and was attended by
distinguished guest, UNAFEI alumni and the participants of the 117thInternational Seminar.

22This year, Mr. Peter H. Wilkitzki (Director-General, Criminal Affairs Bureau, Federal
Ministry of Justice, Germany) and Ms. Susan L. Smith (Senior Trial Attorney and International
Money Laundering Counsel, Asset Forfeiture and Money laundering Section, Criminal Division,
US Department of Justice, the United States of America) were invited as speakers to theProgramme. They delivered lectures respectively entitled “Criminal Law Sanctions in Germany:
Facts and Trends” and “Money Laundering: Trends and Techniques”.

February 2

UNAFEI Alumni Reception
A reception was held to introduce the participants to UNAFEI Alumni residing inJapan, hosted by the UNAFEI Alumni Association at the Lawyers Club, Tokyo.

February 9International Friendship Gathering
JICA Hachioji International Training Center (HITC) hosted an international friendshipgathering for the participants at the Keio Plaza Hotel Hachioji. Guests included high-ranking
government officials (including members of the Diet), Hachioji City Mayor and leaders oforganizations involved in implementing JICA training courses.

February 12~14
Hiroshima-Kansai Study Tour
Hiroshima: On their first day, the participants visited Peace Memorial Museum and Peace
Memorial Park in Hiroshima. The next day, the participants were escorted by two Coast Guard
vessels to Miyajima Island, located in the Seto Inland Sea near Hiroshima.
Kyoto: On their third day, the participants went on a guided bus tour to Nijo Castle,
Kinkakuji Temple and the Kyoto Imperial Palace.

February 15

Farewell Party

23

Reference Materials Distributed

Combating Transnational Organized Crime (Including Money Laundering): Efforts by theUnited Nations etc.
(1.) Milan Plan of Action (Milan, Italy, 6 September 1985, Seventh United Nations
Congress on the Prevention of Crime and the Treatment of Offenders)(2.) United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances (Vienna, 20 December 1988, United Nations Economic and Social
Council) (Vienna Convention 1988), (E/CONF.82/15)(3.) Commentary on the United Nations Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances (United Nations Publication)(4.) Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from
Crime (Council of Europe, 8 June 1990)(5.) Council Directive 91/308/EEC of 10 June 1991 on Prevention of the Use of the
Financial System for the Purpose of Money Laundering(6.) Naples Political Declaration and Global Action Plan against Organized Crime (Naples,
Italy, 23 November 1994, World Ministerial Conference on Organized Transnational
Crime)(7.) Political Declaration and Action Plan against Money Laundering (New York, 10 June
1998, The Twentieth Special Session of the United Nations General Assembly)(8.) UN General Assembly Special Session on the World Drug Problem 8-10 June 1998
Feature(9.) G8 Communiqué OKINAWA 2000 (Okinawa, 23 July 2000)(10.) United Nations General Assembly Resolution 49/159 of 23 December 1994, entitled“Naples Political Declaration and Global against Organized Transnational Crime”(11.) United Nations General Assembly Resolution 51/60 of 12 December 1996, entitled“United Nations Declaration on Crime and Public Security”(12.) United Nations General Assembly Resolution 53/111 of 20 January 1999, entitled“Transnational Organized Crime”(13.) Vienna Declaration on Crime and Justice: Meeting the Challenge of Twenty-first
Century (A/CONF.187/4/Rev.3)
FATF Activities(1.) About FATF, Membership, News and Events(2.) The Forty Recommendations (Financial Action Task Force on Money Laundering,
FATF), 1990 (revised in 1996)(3.) Interpretative Notes to The Forty Recommendations(4.) FATF Annual Report 1998-1999 (FATF, 2 July 2000)(5.) FATF Annual Report 1999-2000 (FATF, 22 June 2000)(6.) Review to Identify Non-Cooperative Countries or Territories: Increasing the Worldwide
Effectiveness of Anti-Money Laundering Measures (FATF, 22 June 2000)(7.) Draft Preliminary Annual Report 1999-2000 (Asia/Pacific Group on Money
Laundering)(8.) The Caribbean Financial Action Task Force (Pierre Lapaque, 14 November 2000)
United Nations Convention against Transnational Organized Crime(1.) Draft United Nations Convention against Transnational Organized Crime(A/AC.254/36) (A/AC.254/L.230/Add.1)(2.) Background Paper on “Draft United Nations Convention against Transnational

24

(3.)
(4.)
(5.)
(6.)
(7.)
(8.)
(9.)

Organized Crime” (Tenth United Nations Congress on the Prevention of Crime and theTreatment of Offenders)
Reports of the Ad Hoc Committee on the Elaboration of a Convention against
Transnational Organized Crime, the work of the first to eleventh sessions (A/55/383)
Addendum Interpretative Notes for the Official Records (Travaux Preparatories) of the
Negotiation of the United Nations Convention against Transnational Organized Crimeand the Protocols thereto (A/55/383/Add.1)
Summary of the United Nations Convention against Transnational Organized Crime and
the Protocols thereto (UNODCCP)
After Palermo: An Overview of what the Convention and Protocols Hope to
Accomplish (UNODCCP)
Reports of the Ad Hoc Committee on the Elaboration of the draft United Nations
Convention against Transnational Organized Crime (A/AC.254/9, 11, 14, 17, 19, 23,
25 and 28)
United Nations Economic and Social Council Resolution 1999/20 of 28 July 1999,
entitled “Draft United Nations Convention against Transnational Organized Crime”
Progress report of the Ad Hoc Committee on the Elaboration of the draft United
Nations Convention against Transnational Organized Crime (A/AC.254/30E/CN.15/2000/4)

Current Situation of and Countermeasures against Money Laundering(1.) 1998-EU Organised Crime Situation Report (17 January 2000)(2.) BCCI Page, The BCCI Affair (A Report to the Committee on Foreign Relations UnitedStates Senate by Senator John Kerry and Senator Hank Brown, December 1992)(3.) United Nations Global Programme against Money Laundering (UN Office for Drug
Control and Crime Prevention, Global Programme against Money Laundering)(4.) Attacking the Profits of Crime; Drugs, Money and Laundering (UN Office for Drug
Control and Crime Prevention, Global Programme against Money Laundering)(5.) Model Legislation on Laundering Confiscation and International Cooperation in Relation
to the Proceeds of Crime (UN Office for Drug Control and Crime Prevention, Global
Programme against Money Laundering)(6.) Money Laundering: the Importance of International Countermeasures (Michel
Camdessus, Managing Director of the International Money Fund)(7.) The National Money Laundering Strategy for 1999 (USA Government, September
1999)(8.) The National Money Laundering Strategy for 2000 (USA Government, March 2000)(9.) Money Laundering and Financial Crimes (International Narcotics Control Strategy
Report, 1999 Released by the Bureau for International Narcotics and Law Enforcement
Affairs, U.S. Department of State Washington, DC, March 2000)(10.) Country Report (International Narcotics Control Strategy Report, 1999 Released by
the Bureau for International Narcotics and Law Enforcement Affairs, U.S. Departmentof State Washington, DC, March 2000)(11.) FinCEN Overview & Mission (U.S. Department of the Treasury, Financial Crimes
Enforcement Network)(12.) 2000-2005 Strategic Plan (U.S. Department of the Treasury, Financial Crimes
Enforcement Network)(13.) Money Laundering in the 21st Century: Risks and countermeasures (Australian Instituteof Criminology)(14.) Regulating Money Laundering – The Death of Bank Secrecy in the UK (The British
Journal of Criminology, Vol. 31, Spring 1991)

25(15.) Electronic Money Laundering: An Environmental Scan (Department of Justice Canada
Solicitor General Canada, October 1998)(16.) Cyberlaundering: Anonymous Digital Cash and Money Laundering (R. Mark Bortner,
1996)(17.) Money Laundering and International Efforts to Fight It (David Scott, May 1995)(18.) International Guide to Money Laundering Law and Practice (Richard Parlour)(19.) Money Laundering: A Guide for Criminal Investigators (John Madinger & Sydney A.
Zalopany, 1999)(20.) Money Laundering: A New International Law Enforcement Model (GUY Stessens,
2000)(21.) Dirty Money: The Evolution of Money Laundering Countermeasures (William C.
Gilmore Council of Europe Publishing, May 1999)
Investigative Tools(1.) Undercover Investigations and the Entrapment Defense, by Thomas V. Kukura (FBISpecial Agent, FBI Law Enforcement Bulletin, April 1993)(2.) The Use of Modern Technology and Criminal Procedures for Investigations and Legal
Protection Issues: Collection, Analysis, and Sharing Information on Organized Crime, by
Slawamir Redo (Senior Crime Prevention and Criminal Justice Expert, CICP) in Senior
Crime Prevention and Criminal Justice Expert, CICP, UNODCCP Central Asian
Seminar on TOC, Tashkent, March 2000
(3.) New Measures of Investigation as Countermeasures against Organized Crime, by
Edwin Kube (Professor, University of Giessen, Germany) in International Workshop on
Crime in the Post-modern Society and its Countermeasures, Bali, December 1997
(4.) New Measures of Investigation as Countermeasures against Organized Crime, by
Koesparmono Isran (Bali, December 1997)(5.) Entrapment and Wiretapping as a Means of Investigation, by Dagmar Kube (Bali,
December 1997)(6.) Combating Organized Crime: the Legislative and Regulatory Framework, by William P.
Schaefer (Assistant US Attorney) in the Senior Criminal Justice Executive Program
Session II, International Law Enforcement Academy, Thailand, 30 November 1999
(7.) Legal Framework and Investigative Tools for Combating Organized Crime: the Italian
Experience, by Giuliano Turone (Prosecuting Trial Attorney) in Thailand, 30 November
1999(8.) Conducting Successful Interrogations, by David Vessel (FBI Law Enforcement Bulletin,
October 1998)(9.) Avoiding the Informant Trap, by James E. Hight (FBI Law Enforcement Bulletin,
November 1998)(10.) Managing Undercover Stress, by Stephen R. Band and Donald C. Sheehan (FBI Law
Enforcement Bulletin, November 1998)(11.) The Financial Crimes Task Force of Southwestern Pennsylvania, By Kenneth W.
Newman and John A. Wisniewski (FBI Law Enforcement Bulletin, February 2000)(12.) Electronic Surveillance, by Thomas D. Colbridge (FBI Law Enforcement Bulletin,
February 2000)(13.) Working with Informants, by James E. Hight (FBI Law Enforcement Bulletin, May
2000)(14.) The Qualified Privilege to Protect Sensitive Investigative Techniques from Disclosure, byJayme S. Walker (FBI Law Enforcement Bulletin, May 2000)(15.) The Technique of Controlled Delivery as a Weapon in Dealing with Illicit Traffic in
Narcotic Drugs and Psychotropic Substances, by P. D. Cutting (Bulletin on Narcotics)

26

Publications about the Japanese Criminal Justice System(1.) Summary of the White Paper on Crime 1999
(2.) White Paper on Police 1999
(3.) Criminal Justice in Japan: legislation and various publications(4.) Pamphlets, leaflets, etc from various criminal justice institutions
UNAFEI Publications(1.) Criminal Justice Profiles of Asia
(2.) UNAFEI Pamphlet(3.) 117th International Seminar lectures and presentation papers

27

EXPERTS, COUNSELLORS & PARTICIPANTS LIST

Visiting Experts
Mr. Daniel P. Murphy

Senior Counsel,
Strategic Prosecution Policy Section,
Criminal Law Branch,
Department of Justice,Ontario, Canada

Mr. Peter Wilkitzki

Director General,
Criminal Affairs Bureau,
Federal Ministry of Justice,Federal Republic of Germany

Dr. Gil Galvao

Director General,
International, European and Cooperative Relations,
Ministry of Justice,
Portugal

Ms. Susan L. Smith

Senior Trial Attorney,
International Money Laundering Counsel,
Asset Forfeiture & Money Laundering Section,
Criminal Division,
Department of Justice,
Washington D.C, United States of America

Course Counsellors
Mr. Jung-sug Chae

Senior Prosecutor,
Seoul High Prosecutors Office,Seoul, Republic of Korea

Mr. Sin Kam-wah

Senior Superintendent,
Organized Crime and Triad Bureau,
Police Headquarters,
Hong Kong

Overseas Participants

28

Ms. Nadira Tabassum

Senior Assistant Secretary,
Ministry of Home Affairs,
Dhaka, Bangladesh

Mr. Phoung Sophy

Assistant of Misdemeanours,
Department of Criminal Police,
Ministry of Interior,
Chamkamoun District, Cambodia

Mr. Raymond Porter Aguilar

Drugs Prosecutor,
Fiscalia General De La Republica,
Republic’s General Prosecution,
San Jose, Costa Rica

Mr. Kevueli Tunidau

Principal Legal Officer,
Office of the Director of Public Prosecutions,
Lautoka, Fiji

Mr. Sudhir Kumar Awasthi

Inspector General of Police,
Crime Branch, CID,
UP Lucknow,
Uttar-Pradesh, India

Mr. Soeparno Adi Soeryo

Chief of the Legal Bureau,
Attorney-General’s Office of the Republic of Indonesia,
Jakarta, Indonesia

Mr. Richard Otieno Okore

Fraud Investigator,
Criminal Investigation Department (CID) Headquarters,
Nairobi, Kenya

Mr. Ahmad Zaidi Bin Ibrahim

Sessions Court Judge,
Kuala Trengganu Sessions Court,
Trengganu, Malaysia

Mr. Kedar Prasad Poudel

Joint Attorney,
Office of the Appellate Government Advocate,Rajbiraj, Nepal

Mr. Bader Talib Al-Shaqsi

Assistant Director of Assessment Department,
Special Branch,
Royal Oman Police, Head Office,
Qurum, Oman

Mr. Ahmad Nasim

Deputy Inspector General of Police,
Gujranwala Division,
Lahore, Pakistan

Mr. Camillus Jacob Sambua

Senior State Prosecutor,
Office of the Public Prosecutor,
Waigani, N.C.D, Papua New Guinea

29

Mr. Meinrado P. Paredes

Judge,
Regional Trail Court, Branch 13,
Cebu City, Philippines

Ms. Ronel Van Wyk

National Coordinator,
Project Investigations, Commercial Branch Head Office,Detective Service, South African Police Service,
Pretoria, South Africa

Mr. Dappula Prasantha
Joseph De Livera

Senior State Counsel,
Attorney General’s Department,
Colombo 12, Sri Lanka

Mr. Saidi Ally Mwema

Ast. Commissioner of Police & Regional CID Officer,
Dar-Es-Salaam Regional CID Office,
Dar-Es-Salaam, Tanzania

Mr. Pisan Mookjang

Superintendent in Economic Crime,
Crime Prevention and Suppression Division,
Police Cadet Academy,
Nakhonpratom, Thailand

Japanese Participants
Mr. Ryoichi Chihara

Deputy Superintendent,
Ibaraki Juvenile Training School,
Ibaraki, Japan

Mr. Takashi Itoyama

Prosecutor,
Tokyo District Public Prosecutors Office,Tokyo, JapanMr. Haruo Maruyama

Chief of General Affairs Division,
Tokyo Probation Office,Tokyo, Japan

Mr. Wateru Nemoto

Judge,
Tokyo District Court,
Tokyo, Japan

Mr. Mitsuru Nishikori

Director of Guard and Rescue Department,
7th Regional Coast Guard Headquarters,
Kita-Kyushu, Japan

Mr. Tatsuo Ueda

Narcotics Control Officer,
Narcotics Control Department,
Kanto-Shinetsu Regional Bureau of Health and Welfare,Tokyo, Japan

30

NEPAL-UNAFEI JOINT SEMINARThe Nepal-UNAFEI Joint Seminar was held in Kathmandu under the theme of “Effective
Countermeasures to Combat Organized Crime in Criminal Justice Processes” from 19 to 22
December 2000. The Government of the Kingdom of Nepal, through the Ministry of Home Affairs,and UNAFEI organized the Joint Seminar.
The Joint Seminar was attended by high-ranking Nepalese government officials,
representing all sectors of the criminal justice system. The UNAFEI delegation comprised of the
Director, Deputy Director, three professors, Linguistic Adviser and an officer of the National Police
Agency of Japan.
The Joint Seminar consisted of the below-mentioned sessions, subdivided into presentations
by UNAFEI and Nepalese representatives, and panel discussions.
Session 1

An Overview of Organized Crime

Session 2

Effective Investigation of Organized Crime

Session 3

Effective Prosecution of Organized Crime

Session 4

Effective Trial of Organized Crime

Session 5

Effective Treatment of Organized Crime Offenders

Session 6

Drafting the of Recommendations and Presentation of the Seminar
ReportThe Joint Seminar concluded with the oral presentation and adoption of the resulting
recommendations for the betterment of the Nepalese criminal justice system, as formulated by theWorking Group, representing each session.

31

INFORMATION ABOUT PROGRAMMES & ACTIVITES
Upcoming Programmes
1.

The 118th International Training Course

The 118th International Training Course, entitled “Best Practices in the Institutional andCommunity-based Treatment of Juvenile Offenders”, is scheduled to be held from 21 May to 13
July 2001. The 118th International Training Course will examine current trends and issues in
Corrections, including the improvement of the treatment of juvenile offenders.
Rationale
In the field of juvenile justice, the United Nations has played a key role in establishingstandard practices, by preparing international instruments such as the Convention on the Rights of
the Child (especially, articles 37, 39 and 40), the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for thePrevention of Juvenile Delinquency (the Riyadh Guidelines), and the United Nations Rules for theProtection of Juveniles Deprived of Their Liberty.
A number of Member States have undertaken special efforts to administer juvenile justicesystems in line with these instruments. In the process of these efforts for juvenile justice reform, theneed for technical assistance has become evident, and led to various activities (e.g., monitoring
activity by the Committee on the Rights of the Child; establishment of a co-ordination panel ontechnical assistance and assistance in juvenile justice; and the publication of the United Nations
Juvenile Justice Guide to International Standards and Best Practice) as reported by UN
Centre for International Crime Prevention (E/CN.15/2000/5). In May 2001, UNAFEI joins these
activities by conducting an international training course focusing upon the treatment of juvenile
offenders.
In the wake of the new millennium, organizations in charge of the treatment of juveniles inconflict with the law are facing many challenges. In some countries, the treatment system isoverwhelmed by the sheer volume of offenders supplied by the police, prosecution and the judiciary.
In some countries, the pressure from society to redefine the most appropriate measures to deal withjuvenile offenders has intensified, resulting in many legal and administrative changes. Equally, insome countries the introduction of new technologies, such as information technology is craved, butbarred by the tremendous amount of human and monetary resources incurred. In other countries,
the cost of offender treatment is under pressure to be reduced so that offenders and the rest ofsociety get a reasonable share of the national wealth.
In response to these situations, “the Vienna Declaration on Crime and Justice: Meeting the
Challenges of the Twenty-first Century” (A/CONF.187/4/Rev.3), adopted by the Tenth United
Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Vienna,10-17
April 2000, stresses the importance of undertaking measures to prevent juveniles from becoming
delinquent (para. 24) by developing comprehensive crime prevention strategies addressing the root
causes and risk factors related to crime (para. 25).
Recognizing the emphasis put by international instruments on the reintegration of juveniles inconflict with the law, with minimum use of the formal juvenile justice system, is compatible with the32recent trend towards community and restorative justice (refer to para. 27 and 28 of the Vienna
Declaration), UNAFEI aims, through this training course, to come up with strategies to overcome
recurrent and newly raised challenges in this area. The challenges are mainly divided into two: themanagement of offenders and the management of organizations. The participants of this course arerequested to discuss solutions to the many issues relating to these two areas.
Efficient treatment and management of juveniles at risk of offending or re-offending needs
first attention. To increase the efficiency of crime reduction through offender control requires
thorough integration of prevention and treatment, in institutional and community-based treatment.
Newly emerging ideas such as ‘risk management’, ‘community justice’, ‘restorative justice’ and‘multi-systemic approach’, give impetus to the integration of the various treatment systems of theagencies dealing with juvenile offenders. These ideas suppose that the risk of (re)offending can be
identified early in life and can be minimized through successive interventions utilizing the combinationof various social resources. Interventions taking advantage of the effectively interwoven safety netsof society, linked agencies, and empowered communities, backed by professional case management,
are suggested as effective. Participants will look at examples based on an integrative approach andits actual implementation.
Furthermore, the importance of the provision of individualized treatment, backed up by thecase file system, cannot be over-emphasized. With the introduction of individual case file/record
systems linked with a sophisticated database utilizing information technology, administrators will also
be able to study the trends in the ever-changing characteristics of juveniles and their crimes.
However, the documentation of offender information on computer networks necessarily entails an
unusual amount of technical and legal/administrative considerations. Participants are expected to
exchange their views concerning the introduction, development and utilization of offender data
management systems in each country.
Efficient management of organizations dealing with juvenile offenders is also an area requiring
attention. Firstly, the cost of providing offender treatment services has become a heated issue inmany countries, and has prompted the quest for cost-effective corrections using such measures asdiversion, privatization of services, and income-generating activities. In addition, although thetraining of staff has been a perennial concern of correctional service providers, many countries in the
Asian and Pacific area have had difficulty in equipping their offender treatment officers with theattitudes and skills necessary for working with juvenile offenders. As well, the integrity of officers
sometimes called into question in the conduct of their business. Participants will discuss concretemeasures to improve the cost-effectiveness of treatment, while designing best practices for trainingof their officers in charge of the rehabilitation of juvenile offenders.
Second, since juvenile criminal justice has changed dramatically in recent years, managing
public relations is becoming more and more difficult for correctional administrators, and gaining
public confidence is becoming crucial to the sound provision of correctional services. Participants
will discuss how to talk to society and how to adapt to the changing expectations in this rapidly
developing society.
Giving due consideration to the above rationale, this International Training Course will clarify
the challenges facing the organizations in charge of treating juvenile offenders, and explore the bestpractices to overcome these challenges. By learning from the successes and failures of everimplemented solutions (not only in the Asia-Pacific region but also in other parts of the world), we
will arrive at the best practices applicable and feasible in each participating country. Among the
major topics to be discussed are the following items:

33(1) Best practice in the institutional treatment of juvenile offenders:
1. Development of a model treatment program, being provided separately fromadult offenders.
2. Designing a case management system to provide individualized treatment.
3. Establishing a case file/record system and linking it to an offender database andstatistical compilation system.
(2) Best practice in the management of organizations providing institutional treatment to juvenile
offenders:
1. Strategic utilization of limited financial resources and maximizing costeffectiveness.
2. Staff training: designing training systems and curricula to enhance skills andintegrity.
3. Managing public relations and obtaining public trust in correctional services.
(3) Best practice in the community-based treatment of juvenile offenders:
1. Development of a model treatment program.
2. Designing a case management system to provide individualized treatment.
3. Establishing a case file/record system and linking it to an offender database andstatistical compilation system.
(4) Best practice in the management of organizations providing community-based treatment tojuvenile offenders:
1. Strategic utilization of limited financial resources and maximizing costeffectiveness.
2. Staff training: designing training systems and curricula to enhance skills andintegrity.
3. Managing public relations and obtaining public trust in correctional services.
2.

The 119th International Training Course

The 119th International Training Course, tentatively entitled the “Current Situation of andCountermeasures against Transnational Organized Crime”, is scheduled to be held from 10
September to 2 November 2001. The 119th International Training Course will examine the current
trends and issues in transnational organized crime, particularly in light of the United Nations
Convention against Transnational Organised Crime. This course will assess the current
manifestations of organized crime and consider the development and expansion of investigativetechniques and legal frameworks and practices, in addition to the strengthening of international
cooperation, to combat this type of crime.
3.
Sixth Special Seminar for Senior Criminal Justice Officials of the People’s Republicof China
The Sixth Special Seminar for Senior Officials of Criminal Justice in the People’s Republicof China, “International Cooperation in Criminal Matters”, is scheduled to be held at UNAFEI from26 February to 16 March 2001. Ten senior criminal justice officials and UNAFEI faculty will
discuss contemporary problems faced by China and Japan in relation to the above theme.

Overseas Trips by Staff

34

Mr. Mikinao Kitada (Director), Mr. Keiichi Aizawa (Deputy Director), Mr. Yuichiro Tachi(Professor) Mr. Hiroshi Iitsuka (Professor), Mr. Hiroshi Tsutomi (Professor), and Ms. Rebecca
Findlay-Debeck (Linguistic Adviser) represented UNAFEI at the Nepal-UNAFEI Joint Seminar on“Effective Countermeasures to Combat Organized Crime in Criminal Justice Processes”, inKathmandu, Nepal, from 19 December to 22 December 2000.
Mr. Keiichi Aizawa (Deputy Director) and Mr. Chikara Satou (Professor) represented
UNAFEI at the “9th Regional Training Course on Effective Countermeasures against Drug Offences
and the Advancement of Criminal Justice Administration” convened by the Office of the Narcotics
Control Board (ONCB), Thailand. Mr. Keiichi Aizawa and Mr. Chikara Satou presented expert
lectures on the role of the confiscation of illicit proceeds and anti-money laundering systems incombating drug trafficking. The Training Course was held in Thailand from 14 January to 27
January 2001.

UNAFEI Home Page: http://www.unafei.or.jp/
UNAFEI Email: unafei@nifty.com

35

STAFF & FACULTY OF UNAFEI

Faculty:
Mr. Mikinao Kitada
Mr. Keiichi Aizawa
Mr. Hiroshi Iitsuka
Mr. Akihiro Nosaka
Mr. Shinya Watanabe
Mr. Yuichiro Tachi
Mr. Chikara Satou
Mr. Hiroshi Tsutomi
Ms. Mikiko Kakihara
Ms. Rebecca Findlay-Debeck

Director
Deputy Director
Chief of Training Division, Professor
Chief of Information & Library Service Division, Professor
Chief of Research Division, Professor
Professor, 117th Course Programming Officer
Professor
Professor
Professor
Linguistic Adviser

Secretariat:
Mr. Yoshinori Miyamoto
Mr. Miyoshi Chishima

Chief of Secretariat
Deputy Chief of Secretariat

General and Financial Affairs Section
Mr. Norihiko Kimura
Mr. Katsuhiko Jimbo
Mr. Naoki Sohma
Mr. Hironori Nakagawa
Mr. Shokichi Kai
Mr. Teruo Kanai
Mr. Noboru Kaneko
Ms. Kyoko Matsushita

Chief

Driver
Maintenance
MaintenanceTraining and Hostel Management Affairs Section
Mr. Yoshinobu Gohda
Ms. Ikumi Yoshida
Mr. Toru Hirata
Mr. Masaaki Nozaki
Ms. Tomomi Kubo
Ms. Tomoko Kamitani

Chief

117th Course Assistant Programming Officer

International Research Affairs Section

Secretarial Staff

Mr. Takuma Kai

Ms. Aya Saito
Ms. Yuka Takeda

Kitchen, Chef

JICA Coordinator

Mr. Tomohiko Takagi

Ms. Etsuko Mitani