GROUP 3
INTERNATIONAL COOPERATION, FOCUSING ON THE DEPRIVATIONOF ILLICIT PROFITS
Rapporteur: Mr. Yustiar NUGROHO (Indonesia)
Co-Rapporteur: Ms. Takako KAMATA (Japan)
Chairperson
Co-Chairperson
MembersAdvisers

Ms. Mithounavanh KONGMANY
Mr. Julio Alberto CAMPINES CORDOBA
Mr. Julio Cesar De Castilhos Oliveira
COSTA
Mr. ETTIEN Tiemele
Mr. Ahmed Mohamed Abdelaziz OSMAN
Mr. Paulo ANUNO
Mr. Yudai SUZUKI
Prof. Junichiro Otani
Prof. Hidehito Hosokawa
Prof. Takeshi Morikawa(Lao PDR)(Panama)(Brazil)(Côte d’Ivoire)(Egypt)(Timor-Leste)(Japan)(UNAFEI)(UNAFEI)(UNAFEI)

I. INTRODUCTION
Effective international cooperation is the key to efficient deprivation of illicit profits. In this group
workshop, participants discussed the challenges and measures for financial investigation of trafficking inpersons (hereafter “TIP”) and smuggling of migrants (hereafter “SOM”), and examined both informal andformal cooperation in financial investigation for TIP and SOM. In this paper, “informal cooperation” means
the direct exchange of information between law enforcement and investigative agencies, immigration bureaus
etc. This is the fast and easy way to gather and share information. Also, “formal cooperation” means theexchange of information using channels in accordance with laws and conventions.

II. ISSUES AND CHALLENGES
A. Financial Investigation of TIP and SOM
1. Information/Evidence Necessary to Identify, Trace, Freeze, Seize and Confiscate Proceeds of Crime
To identify, trace, freeze, seize and confiscate proceeds of crime, law enforcement officers need to know
the types of the assets (money, land, houses, aircraft, cars, precious materials etc.), the location of the assets,
the ownership of the assets, bank account information and money transfer records etc.
2. The Challenges to Obtaining such Information/EvidenceBank secrecy is a challenge to obtaining the above-mentioned information. Each country has different
regulations on bank secrecy, and business activities cross borders easily. For example, in Japan, it is possible
to obtain bank account information without compulsory measures. However, in Côte d’Ivoire, Lao PDR,
Timor-Leste, it is required to have compulsory measures to obtain the same. Identifying the real owner ofthe assets is another challenge. Related assets are often owned by family members of the suspect orsurrogates etc. Transaction data analysis is often time consuming, and even if law enforcement reaches thereal owner, the speed of transferring related assets is often faster than the international judicial procedures.
Also, it is a challenge to train law enforcement officers to conduct international financial investigations,
including obtaining related information etc.
3. Measures to Obtain Information/Evidence
As for bank secrecy, regulations of each country have changed. For data gathering and sharing, FIUs area fundamental mechanism for international and domestic cooperation between law enforcement and financialinstitutions. Financial analysis training for officers has been implemented at various levels. In Côte d’Ivoire,
an inter-agency task force for financial investigation has been implemented.

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B. Informal Cooperation in Financial Investigation for TIP and SOM
1. Challenges Faced by Law Enforcement Authorities with Regard to International Cooperation in Financial
Investigations
Technically, except the items under the restriction of domestic laws such as bank secrecy, various
information is available to be shared through informal channels including the existence of bank accounts inthe country, bank account information and the owner of the company, shareholders, assets etc. However, law
enforcement authorities lack frameworks for international judicial cooperation and face time-consuming
procedures, different legal systems and languages etc.
2. The Usefulness and Limitations of Using Informal Channels
Informal channels are very fast and have the benefit of real time communication. They allow law
enforcement to gather a lot of information, which facilitates the building of cases. With more information, it
is often easier to analyse investigative materials, especially against latent crimes such as TIP and SOM.
However, information gained through informal channels cannot be used as an evidence at trial. Law
enforcement needs a formal request to obtain the material admissible at a trial. Also, in some countries, bankaccount information is not available without compulsory measures.
3. How the Information Obtained through Informal Channels Can Be Used to Facilitate MLA
The information obtained through informal channels can be used as a lead for an ongoing investigation.
It allows law enforcement to facilitate MLA by enabling them to focus on the investigation. Sometimes it ispossible to avoid unnecessary requests through MLA, because with the initial information obtained throughinformal channels, law enforcement can sometimes complete the investigation within its country without theneed for further international investigation. Also, law enforcement can include this information as a result of
an internal investigation on a request through MLA to request information through a formal channel.
C. Formal Cooperation in Financial Investigation for TIP and SOM
1. The Legal Basis for MLA
Domestic legislation for international cooperation (e.g. TIP and SOM Acts in Egypt etc.), universal
conventions (e.g. UNTOC, UNCAC etc.), bilateral agreements, regional conventions, the reciprocity principle,
MOUs and related UN Security Council resolutions are the legal basis for MLA. There are bilateralagreements such as Judicial International Cooperation Conventions for combating crimes. For example,
Egypt concluded some bilateral treaties with France, Italy, Greece, Cyprus, USA, some Arab states, andsome African countries etc. As for regional conventions, there is the San Luis Treaty among Mercosur
countries (Brazil, Paraguay, Uruguay and Argentina) and the Arab Convention for Combatting Corruption.
2. The Challenges Law Enforcement/Prosecutorial Authorities Face in Using MLA
Formal international cooperation is a time-consuming process. Each country has a different legal systemfor criminal procedure, punishment, terminology etc. It takes even longer between countries which use
different languages (e.g. names and spelling). Confiscation of overseas properties is one of the main challenges,
lack of political will or involvement of diplomats also can be a challenge for law enforcement and prosecutorialauthorities.
3. Measures Available to Expedite MLA Procedure
With ongoing cases, it is crucial for related counterparts to communicate with each other in advance. For
example, law enforcement can share information through informal channels or send drafts of necessary
documents in advance. As general measures, it is important to have periodic meetings at various levels toimprove frameworks for international cooperation. Also, it is effective to train officers at the international,
national and local levels.
There are a number of good examples on overcoming the aforementioned challenges, for example: formingof international and regional associations for international cooperation; the Arab Prosecutor’s Association, theAfrican Association for Prosecutors, the Ibero American Prosecutor’s Association (AIAMP) and the Councilof ASEAN Chief Justices (CACJ) etc., the West Africa regional convention, the African association ofprosecutors, the American convention on human rights, and the ASEAN declaration. Moreover, Egypt andthe UK have formed joint-investigation networks and are sending/receiving investigators. In Brazil, theupdated online MLA manual is available to share information on each country. Also, a special treaty between
Spain and Portugal has been adopted, which makes it possible to use materials without translating form one
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language to another could be applicable for other Spanish and Portuguese speaking countries.
4. Ministries and Agencies Specifically Designated as the Central Authorities for MLA
The organization identified as the Central Authority for MLA depends on the country: Ministry ofForeign Affairs (Panama, Egypt, Laos), Ministry of Justice (Brazil, Japan, Egypt, Laos, Côte d‘Ivoire),
Prosecution service (Laos, Timor-Leste) and National Police Agency (Japan) etc.
5. The Roles of Central Authorities and Investigative Authorities
The roles of central authorities also depend on the country; sending information to and receiving it fromother countries, deciding whether to accept the request or not, and establishing guidelines for requests.
Hence, it is important to confirm which ministry or agency has which role in advance.

III. RECOMMENDATIONS
1. Financial Investigations of TIP and SOM
States are encouraged to• Develop more training courses for financial analysis/investigation on TIP and SOM;
• Gather more information (e.g. bank information etc.) from countries which can share bankinformation etc. without compulsory measures (e.g. Japan);• Improve their official websites to easily share more information with other countries.
2. Informal Cooperation in Financial Investigations of TIP and SOM
States are encouraged to• Develop more frameworks especially between countries which share (related) languages;• Create systems between countries which use different languages or in different regions;• Exchange more information through FIU units etc.;• Create more networks for law enforcement officers to exchange information.
3. Formal Cooperation in Financial Investigations of TIP and SOM
States are encouraged to• Consider UNTOC as a legal basis for extradition;• Accept MLA requests in more flexible ways to overcome procedural obstacles that can beeasy solved;• Start contacting counterparts in advance as much as possible (e.g. exchanging MLA drafts);• Have international meetings to create or develop frameworks;• Have international legal/police attaché(s) abroad;• Prepare updated manuals on MLA and train officers to have adequate knowledge ofdifferent legal systems.

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