Tag Archive for: Organised Crime

‘High rollers’ A study of criminal profits along Australia’s heroin and methamphetamine supply chains

This report helps develop an understanding of the quantum of profits being made and where in the value chain they occur. Australians spent approximately A$5.8 billion on methamphetamine and A$470 million on heroin in FY 2019.

Approximately A$1,216,806,017 was paid to international wholesalers overseas for the amphetamine and heroin that was smuggled into Australia in that year. The profit that remained in Australia’s economy was about A$5,012,150,000. Those funds are undermining Australia’s public health and distorting our economy daily, and ultimately funding drug cartels and traffickers in Southeast Asia.

One key takeaway from the figures presented in this report is that the Australian drug trade is large and growing. Despite the best efforts of law enforcement agencies, methamphetamine and heroin use has been increasing by up to 17% year on year. Falling prices in Southeast Asia are likely to keep pushing that number up, while drug prices and purity in Australia remain relatively stable.

Authors Dr John Coyne and Dr Teagan Westendorf write that, ‘While ever-larger drug busts continue to dominate the headlines, the underlying fact is that methamphetamine and heroin imports continue to rise despite authorities seizing up to 34% of imported drugs’.

As production prices for methamphetamine continue to decline along with wholesale prices, more sophisticated transnational organised crime actors are likely to begin to examine their business models in greater detail. Industrial production of methamphetamine for high-volume, low-profit regional markets like Australia has significant benefits for them.

The data suggests that the more sophisticated transnational organised crime groups will seek to expand their control of the heroin and methamphetamine value chains to include greater elements of the wholesale supply chain as well as alternative product lines, such as synthetic opioids.

The authors note that ‘in the absence of supply reduction, and even with more effective supply-chain disruption, our federal and state governments will need to invest more heavily in demand reduction and harm minimisation.’

Anti-Money Laundering. A case study

The Australian Government’s technological monopolies have ended. Technological developments, especially those that have been disruptive, have been driven primarily by private corporations for at least the past 10 years. Meanwhile, legislative responses to those changes, be they disruptive or otherwise, have been increasingly delayed.

Acceleration in the development and use of technology has been matched by changes in the capability of those who would do us harm. In the face of rapid social change, governments have lost more than a technological edge, as the very conceptualisations of sovereignty and geographical jurisdictions are being challenged. Law enforcement agencies’ traditional business models for dealing with organised crime are under significant pressure from threat actors that are able to operate more agile decision-making cycles and exploit seams between jurisdictions and in law enforcement agencies’ capabilities.

In this context, Australian law enforcement agencies face an increasing number of challenges from emergent technologies. A key policy challenge underpinning these issues relates to the limited capacity of law enforcement to introduce innovative strategies in response to disruptive technology. Another is how to make cross-jurisdictional cooperation simpler and easier.

ASPI’s latest Special Report by Dr John Coyne and Ms Amelia Meurant-Tompkinson, explores technological innovation in law enforcement through a specific crime type case study of anti-money laundering (AML) provisions. It analyses the factors that support or restrict technological innovation in federal law enforcement’s AML efforts and argues that the current ecosystem for innovation for AML needs to be enhanced to engage with the dual challenge of disruptive technology, and the integration of existing pockets of AML excellence into a holistic whole-of-government innovation program. The initial steps for responding to this challenge should include an analysis of the central assumptions that underpin innovation, policymaking, strategy and finance in this space.

In this video, Madeleine Nyst discusses the report with John Coyne and Amelia Meurant-Tompkinson.

‘Santa Muerte’, are the Mexican cartels really coming?

Whether in Mexico, the US or Australia, the image of the transnational serious and organised crime (OC) threat from ‘Mexican cartels’ used to construct policy doesn’t appear to engage with the reality that there’s no homogeneous Mexican cartel, cartels or OC group.

This report argues that, for Australia and Asia, the menace of Mexican OC is no longer looming on the horizon; it has already arrived.

However, the nature of the Mexican OC problem in Australia and Asia is not likely to be the same as that found in either the US or Mexico. To respond effectively to this rising threat, Australian policymakers need to approach the issue with a more informed perspective that engages with the complex nature of the various groups that collectively form what’s broadly considered to be Mexican OC.

Furthermore, the policy response to Mexican OC will need to more agile than the measures contained in Australia’s current National Organised Crime Response.

For the right reasons, in the right ways (Part 1): a four-nation survey of information sharing about organised crime

This special report examines how government, business and the community in four nations share information about organised crime. Its key finding is that the Australian Government, businesses and community as a whole must be open to new kinds of information sharing partnerships.

The field work involved over 80 interviews, including visits to or discussions about a range of information sharing mechanisms in Israel, the UK, the Netherlands and the US.

This is an abridged version of a report submitted to the Churchill Memorial Trust in June 2016.

Opportunities abound abroad: optimising our criminal intelligence system overseas

Criminal intelligence (CrimInt) is so useful in serious criminal investigations that it’s difficult to envisage a situation where it shouldn’t be sought and used if it’s available.

This special report argues that Australia’s current arrangements for gathering and disseminating CrimInt overseas are suboptimal.

While additional resources are needed to address this condition, there’s also a need to streamline priority setting and associated collection requirements, provide ways to evaluate and better coordinate the collection of information and intelligence product, and expand opportunities to improve training in CrimInt.

The paper provides recommendations to improve the quality and utility of our overseas CrimInt effort for law enforcement, policy and regulatory agencies.

Investing wisely: spending political capital on Australia’s criminal intelligence capabilities

This report examines a recent proposal to merge the Australian Crime Commission (ACC) and the CrimTrac Agency. There are two distinct—but not irreconcilable—views about this proposal. Reconciling these views will require detailed research about how a merged organisation would benefit all stakeholders—especially the frontline police and criminal intelligence operators in all the jurisdictions.

But does the merger proposal actually address the right question? This report argues that a better way to view this problem is to ask how the Commonwealth can play a role as a steward for national criminal intelligence.

Importantly, this question presents an opportunity for the Australian Justice Minister to give the federal Cabinet a chance to consider the Commonwealth’s role in law enforcement more holistically.

Tag Archive for: Organised Crime

Taiwan’s exclusion from Interpol is the world’s loss

Politicking by the Chinese Communist Party has blocked Taiwanese membership of Interpol since 1984, preventing the timely sharing of criminal information and intelligence. The absence of Taiwan in the world’s largest international police organisation weakens global security, to the advantage of organised crime.

Placating the CCP is an insufficient reason for excluding Taiwan from Interpol. To improve global security, Taiwan should finally be granted observer status at Interpol’s 92nd General Assembly in Glasgow in November 2024. It must be given at least a limited capacity to cooperate with Interpol and better combat transnational crime.

Taiwan is a crucial law enforcement stakeholder in the Asia-Pacific region with critical intelligence and operational capabilities. Its police forces, overseen by the National Police Agency (NPA), are known for their professionalism and advanced expertise. Abroad, the NPA actively engages in international efforts against terrorism, cybercrime, human trafficking and drug smuggling. Little wonder that Taiwan has some of the lowest rates of crime in the world.

Despite this success, Taiwanese nationals are still victims of crime at home and abroad, and some are involved in transnational organised crime. The NPA’s absence from Interpol restricts the region’s capacity to effectively combat such activities.

For example, in 2022, Taiwanese police uncovered a new type of human trafficking in Cambodia and Myanmar. Sophisticated organised crime syndicates were promising overseas employment to vulnerable people from around the world, including almost 5000 from Taiwan. Victims were held captive in Cambodia and Myanmar, forced to work in scam call centres under horrendous conditions and subjected to physical and psychological abuse.

In this incident, Taiwanese police submitted reports to Interpol but could not directly work with its member states, despite Taiwan’s crucial role in uncovering the scheme and its duty to protect its citizens.

As Taiwan is neither a member state nor an observer, it cannot access or contribute to Interpol’s 19 criminal intelligence databases. Nor can it access or assist with Interpol’s systems for requesting international cooperation. The complex arrangements for requesting assistance worldwide to locate and provisionally arrest a person pending extradition, surrender or similar legal action are central to Interpol’s operations and invaluable for combatting transnational organised crime.

Taiwan was a member of Interpol from 1961 to 1984, until the organisation recognised Beijing as the legitimate government of China. The CCP argues that Taiwan, under the One China principle, cannot join international organisations that require statehood for membership, including Interpol.

Interpol’s position on Taiwan was clarified accordingly by its secretary general, Jurgen Stock, in 2023, who argued against granting the island observer status: ‘In 1984, the Interpol General Assembly recognised the PRC as the sole representation of China. As such, Interpol recognises Taiwan as part of China, and as China is a member of Interpol, Interpol cannot grant Taiwan observer status in the General Assembly.’

Stock, the CCP and the member states in Interpol who oppose Taiwan’s participation have seemingly forgotten that the organisation is about police cooperation. Its focus is on sharing information and intelligence and connecting police forces—not countries.

Taiwan’s appointment as an observer would not undermine the One China principle nor threaten Beijing. Instead, Taiwan’s inclusion would formalise and strengthen cooperation, enabling more efficient and coordinated responses to global security threats.

By denying Taiwan’s participation in Interpol, the international community risks sending a message that political considerations outweigh principles of justice and human rights. This is a dangerous precedent in the fight against impunity. Article 3 of Interpol’s constitution even prevents the organisation from undertaking political operations, although it does not prevent political omissions and exclusions. The case for approving Taiwan’s observation status is grounded in fairness, effectiveness and global security. The case against is purely partisan.

The CCP’s influence within Interpol is instrumental in preventing Taiwan from gaining membership or observer status. Chinese authorities consistently block Taiwan’s attempts to participate in Interpol’s meetings, share information or contribute to international law enforcement efforts. This exclusion isolates Taiwanese police and limits Interpol’s ability to combat cross-border crime effectively.

With little prospect of full Interpol membership, Taiwan has instead persistently pursued observer status. In recent years, it has gained support from numerous member states, including the United States, who recognise its contributions to global security.

Taiwan meets the criteria for observer status based on its law enforcement capabilities and willingness to cooperate internationally. Interpol observers include international organisations as well as non-member countries and are afforded limited participation rights. They can access Interpol’s databases and attend meetings like its general assembly.

Crucially, Taiwan’s exclusion raises human rights and humanitarian issues. Victims of transnational crimes, including human trafficking and terrorism, suffer regardless of geopolitical boundaries. Taiwan’s inclusion would give better protection to victims and enhance international efforts to prevent and prosecute crimes against humanity. Its exclusion allows transnational crime networks to operate across borders and exploit gaps in international cooperation.

Taiwan’s exclusion from Interpol is a glaring omission. By granting it observer status, the international community would be upholding principles of fairness and justice, and meaningfully enhancing global security cooperation. Setting aside political considerations and de-politicising the fight against transnational crime is essential for advancing shared goals of security, justice and human rights on a global scale.

Protecting Australia beyond its traditional borders: apps and policing in the internet age

The success of Operation Ironside, led by the Australian Federal Police with a host of international partner agencies, hinged on the use of a messaging app thought by criminals to be encrypted. The numerous arrests and seizures announced last week show how globalised the business model of transnational and serious organised crime groups has become.

Digital sovereignty requires a democratic state to take a forward-looking approach to mitigating the various intersecting, compounding and increasing threats presented to it and its people by advances in digitisation and technological innovation.

Operation Ironside is a reminder that strategic policing sits at the forefront of this effort. Old threats like violent extremism, organised crime, child exploitation and adult sex crimes have exploded in new ways online. Terrorist attacks have been livestreamed, inspiring other extremist actors; criminal networks have become globalised; and online child abuse and revenge pornography have proliferated. This has happened through the incredible ease of connecting with likeminded individuals and amassing a real-time audience on social media platforms and websites, and the agility of business communications enabled by the internet of things that benefit illegal as much as legal enterprises.

Keeping up with the unprecedented volume and diversity of data-enabled criminal activity has stretched the resources and capabilities of policing and intelligence agencies. In Australia, the push to respond more effectively to digitally exacerbated threats has led to calls for the parliament to provide policing and intelligence agencies with greater powers. Creating a legislative framework to police the new spaces created by the digital age is part of a proactive, strategic response to these threats.

This is not to say, however, that police powers should be increased without due process and debate.

There are two parts to this move. The first is increasing police tools to respond to online threats, both reactively to prosecute and proactively to frustrate and prevent criminal activities; the aim is to remove the conditions in which these threats flourish online. The second part is balancing the legislative powers given to intelligence and policing agencies with the protection of the civil liberties that are core to the democratic state.

This is not a mutually exclusive tussle. It is the same process democracies have always followed in the physical, offline world. And just because the parliament or the public can’t easily decide which argument is more important doesn’t mean there’s a problem. Democracy is about enduring the ongoing debate and tension between different points of view; the alternative is the Chinese government’s ‘Skynet’.

To this end, four new bills have put to parliament since 2018 that seek to increase the powers of the AFP, the Australian Criminal Intelligence Commission and eSafety Commissioner to police and regulate online criminal activity. Only one, the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (TOLA), has been enacted so far. The other three, which are still before the parliament, are the Identify and Disrupt Bill 2020, the International Production Orders Bill 2020 and the Online Safety Bill 2021.

The spectacular success of Operation Ironside has prompted questions about whether Australia’s policing and intelligence agencies really need greater powers to police the internet—especially given that the one bill that has passed (TOLA, which makes it mandatory for industry to decrypt and hand over encrypted data in some cases) doesn’t appear to have been necessary because the app used in the operation was developed and cleverly dropped into criminals’ hands by the AFP and the FBI.

The AFP has confirmed that TOLA was used in Operation Ironside, but declined to clarify how, or if it was the basis for the court order that enabled the beta test of the AN0M app in Australia. In response to  a media enquiry from ASPI, the AFP said that Commonwealth legislation required it to withhold such details ‘until these matters are lawfully disclosed in open court’.

The success of this operation is evidence of the AFP’s capacity to engage in multilateral efforts to great effect. It has also demonstrated the AFP’s ability to study and adapt to a threat that has grown into a resilient, globalised network of criminals and ‘trusted insiders’ (corrupt lawyers, accountants, airport and freight logistics staff).

But it all hinged on access to an app that criminals thought was encrypted. And organised crime groups will surely not fall for that twice.

If there’s one thing we’ve learned from this bust, it’s that these groups are not a bunch of unsophisticated thugs (though they definitely employ some). They are an innovative network of often ordinary people with a globalised business model and strategy that makes their profits and operations resilient to busts even this big. The profit margins for methamphetamine and heroin trafficked from Southeast Asia into Australia in 2019 were 82% and 83%, respectively, despite border seizures of 31% and 23%. These margins are so high that international businesses would be insulated from border seizures even if they doubled or tripled.

So, could the AFP have played such a key role in this multinational operation if Australia hadn’t had the extra powers provided by TOLA? It won’t be possible to definitively answer that question until we know how the act was used.

Australia actually has fewer policing powers on the international stage than some of our allies and partners. We are yet to legislate Magnitsky-style sanctions like our Five Eyes partners have, despite compelling evidence of their effectiveness as a targeted policing tool against transnational organised crime. And suggestions that the AFP’s involvement was sought purely because it has a legal power to access encrypted data ignores the AFP’s proven record in bilateral and multilateral operations to counter organised crime and child exploitation.

There is much room for debate on the intended positive and possible unintended negative effects of the remaining three bills to be passed. Those discussions need to be informed by sufficient parliamentary and public scrutiny, and industry consultation, to ensure maintenance of civil liberties and guard against unintended consequences. The legislation should not be rushed through parliament despite significant concerns, like TOLA was in late 2018.

The key for Australia is to take on this challenge without debating it as a zero-sum game between democracy and policing. There must also be full transparency in the upcoming Parliamentary Joint Committee on Intelligence and Security’s review of how TOLA has been used so far (pending court cases permitting) and how it would be used in a future instance like Operation Ironside with an industry app.

If AFP Commissioner Reece Kershaw and Prime Minister Scott Morison are hoping to convince the parliament and the public that TOLA is justified and more bills are necessary, doing so by citing Operation Ironside as an example but not explaining how the bill was used in the operation won’t be fair or effective.

Surely explaining that the next time the AFP wants to snoop on criminals’ encrypted messages it won’t have AN0M in play, and therefore would rely on the bill, would be a more effective strategy to gain public trust and encourage the debate required to get the remaining bills passed in a format that still protects our privacy.

In order for these efforts to be successful, the Australian people need to be brought along on the journey through transparent processes that ensure they understand how both sides of this debate are honoured. That’s especially true in the post-Covid landscape where Australians have rediscovered how much we value our democratic freedoms.

‘Whac-A-Mole’: Why we’re losing the fight against organised crime

In 1975, Japan’s Kazuo Yamada invented a brilliantly simple yet addictive arcade game that would eventually be affectionately known as ‘Whac-A-Mole’. The premise for the game is simple. A player waits for plastic moles to intermittently raise their heads out of one of six holes. If a mole appears above its hole, the player tires to hit it on the head with a big rubber mallet to score points. The more moles you ‘whack’, the higher your score.

Lately I’ve been struck by the parallels that can be drawn between this game and the daily grind of Australia’s efforts to combat transnational serious and organised crime both at home and across Southeast Asia.

In the Mekong subregion’s ‘Whac-A-Mole’ game with organised crime groups, law enforcement agencies are the players. They use their operational police as the mallet to whack—or more correctly in this case, arrest—the criminals when they appear. To be fair, though, with the support of good intelligence and good policy, law enforcement is far more proactive than the traditional ‘Whac-A-Mole’ player.

Low-level criminals make up the majority of the moles in the game. Sometimes the criminal moles emerge from their holes by mistake, or they stay in the open for a little too long. Other times they are forced out of their holes by other moles or by the mechanical parts of the game.

The game itself is the criminal economy, operated behind the scenes by a small number of savvy, experienced moles. These moles don’t play the game, but simply make it work. In the original ‘Whac-A-Mole’, it often escaped the attention of the player that despite racking up high scores they never won; the moles just kept coming. Playing the game was so intoxicating that few seemed to notice the futility.

It seems to me that Australia’s and ASEAN member states’ current law enforcement strategies for fighting organised crime in the region are bogged down like the original ‘Whac-A-Mole’ players. Arrests and seizures of drugs and cash are increasing, but the game continues unabated.

In August 2017, the Australian Criminal Intelligence Commission released the sixth edition of its biennial report on organised crime in Australia. It estimated that the annual cost of organised crime to Australia had more than doubled in the two years since the last report, from around $15 billion to around $36 billion. These figures gave the clearest indication to date that the Commonwealth’s law enforcement agencies were losing ground in the fight against organised crime.

In September 2018, the ACIC released its Illicit drug data report, an annual analysis of drug seizures and arrests. The report’s findings, coupled with data from the commission’s national wastewater drug monitoring program, provided an unprecedented level of detail on Australia’s illicit drug demand and supply patterns, and ample evidence that ‘Whack-A-Criminal’ isn’t working.

In July 2019, the UN Office of Drugs and Crime released its latest assessment of regional transnational organised crime. The report paints a bleak picture in which policy success against organised crime in Southeast Asia has been fleeting at best. Worse still, the region is awash with illicit drugs while organised crime kingpins are probably enjoying record profits from increased production levels.

Over the past decade, Australian law enforcement has increasingly used the term ‘disruption’ in its key policy and strategy documents on combating organized crime. This is in recognition of the limited impacts of the traditional arrest-and-seize response.

Disruption involves introducing measures designed to inhibit criminal freedom of movement, business models and profit-making opportunities. Unfortunately, for many in law enforcement, disruption has become a synonym for arrest and seizure.

If law enforcement is to break free of the ‘Whack-A-Criminal’ cycle, it will need to do much more to define, develop and employ disruption methodologies. A much more strategic approach to law enforcement focused on disruption effects is what’s needed.

Policymakers now need to develop a lexicon for disruption effects. Such a lexicon needs to assist in achieving a range of goals, including:

  • reducing the timing and tempo of opportunities to commit serious and organised crime
  • increasing the exposure of key figures and organisations to law enforcement action
  • increasing criminals’ perceptions of risk, including the likelihood and consequences of being caught
  • increasing the costs associated with undertaking serious and organised criminal activities
  • decreasing the profit margins for the illicit economy
  • decreasing the vulnerability of the licit economy to organised crime
  • reducing the national, bilateral and regional jurisdictional silos that can be exploited by criminals.

Australia is in a strong position to lead the development of innovative approaches to disruption. The ACIC, and its disruption unit, provide the much-needed strategic picture of criminality in Australia and the region.

The establishment of the Home Affairs portfolio has seen the development of a critical mass of policy professionals who have the capacity to develop a national disruption policy. The more recent establishment of the Office of the Commonwealth Transnational Serious and Organised Crime Coordinator provides a mechanism to lead and strengthen national disruption efforts.

While Australian law enforcement can’t, and shouldn’t, stop targeting criminals, it’s time to introduce new disruption techniques that break open the current ‘Whac-A-Mole’ game.

Policing illicit drugs: big hauls are easily replaced

On last week’s International Day against Drug Abuse and Illicit Trafficking, most nations took the opportunity to reaffirm their commitment to an international society free of illegal drugs.

Police from London to Washington, Canberra to Bangkok, and Dubai to Djibouti have been putting this commitment into practice by seizing more drugs and ‘banging up’ more crooks than ever before. However, my fieldwork continues to reveal an intensifying groundswell of awareness in the global police community that, despite these successes, little progress is being made in reducing the supply.

While it’s great to see police leaders starting to acknowledge that we’re not going to arrest our way out of the illicit drug problem, they’re not opening up to the idea that the high rate of seizures is masking the failure of their law enforcement strategies.

Last month, Thai authorities seized 10 million made-in-Myanmar methamphetamine pills and nearly half a tonne of crystal methamphetamine hidden in packages of tea. But if the authorities are honest with themselves, they’ll realise that this seizure is unlikely to result in any change in the availability or price of illicit drugs in the region. The massive volume of production of illicit drugs in mega-laboratories in China, Myanmar and Mexico ensures that the drugs seized in these police operations are seamlessly replaced with little or no change in availability to users.

Last week, a Sydney-based criminal syndicate was arrested for attempting to import 300 kilograms of cocaine into Australia with an estimated street value of $105 million. In 2017, the syndicate had tried to do the same, but their drugs didn’t arrive. Police suspect that they were ripped off by other criminals. The most alarming thing about this is the fact that the syndicate lost 300 kilograms of cocaine but was able to continue to operate as a going concern.

With a global surplus of illicit drugs like cocaine, heroin and synthetics, prices at the wholesale level are low. Conceivably, it’s a buyers’ market. While law enforcement valued this latest seizure of cocaine at $350,000 a kilogram, the criminals involved could have purchased the drugs in South America for $4,000 to $9,000 a kilogram.

The ramifications are clear. Intercepting large shipments of illicit drugs may no longer force syndicates out of business. From Thailand to Australia, new drug seizure records are being set every couple of months. It seems unlikely that increasing the overall weight of drugs seized, or the number of individual seizures, will have an impact on supply. Losing large quantities of drugs to law enforcement is regarded as part of the cost of doing business by today’s transnational criminals.

Custodial sentences, or even capital punishment, don’t seem to be shaping future criminal behaviour in terms of discouraging participation. There are plenty of would-be wholesalers, facilitators, shore parties (small teams sent into Australia by syndicates in advance of an importation to rent facilities and set up distribution hubs), and street dealers willing to quickly fill the vacancies in networks created by arrests.

Since the fall of the infamous Chicago gangster Al Capone, police have been convinced that removing a major organised crime gang’s leadership will disrupt its criminal activity. The death of Medellin Cartel leader Pablo Escobar in 1993 and the arrest of Sinaloa Cartel leader Joaquín ‘El Chapo’ Guzmán in 2017 show that removing leaders may not stop the dispersal of drugs. Both of these experiences resulted in the fragmentation of large cartels but had limited long-term effects on the illicit drug supply. Even with such leaders removed, the low barriers for market entry in terms of capital and expertise, coupled with the high profits on offer, ensure a steady supply of market participants.

While I personally support the decriminalisation of the use of drugs by addicts, and the possession of these drugs for personal use, that too will not resolve the organised crime challenge. It will, however, help relieve the pressure on criminal justice systems from prosecutions of minor drug possession offences. The legalisation of marijuana in some US states has shown that decriminalisation will not necessarily disrupt the activities of organised crime. These groups just find new ways to profit from decriminalisation.

The establishment of the office of the Commonwealth Transnational, Serious and Organised Crime Coordinator creates an opportunity to update Australia’s organised crime response plan and national drug strategy. AFP Deputy Commissioner Karl Kent, who has been appointed to this position, needs to consider whether our law enforcement capabilities are fit for purpose. Key to this process should be an expanded focus on enhancing Australian efforts to reduce the availability of illicit drug precursors—especially in China and Myanmar. This innovation cannot come at the cost of reduced responsive law enforcement operations in Australia, lest this be interpreted by organised crime as the nation being open for business.

The Minister for Home Affairs should also consider establishing an independent organised crime and illicit drug advisory committee. The committee, chaired by the Home Affairs secretary, should have a broad membership with representatives from academia, marketing, medicine, education and industry. The key focus of this group should be the development of innovative ideas on disrupting the supply of illicit drugs, as an alternative to the law enforcement focus.

Show me the money: countering terrorist financing

2479837513_4e91e2b5ce_z

Stopping radicalisation and disrupting plots are appropriately the focus of the majority of Australia’s counterterrorism efforts.

But there are other avenues to undermine the terrorist business model that are lower profile but have the potential for sound practical outcomes.

To highlight that other element of the terrorism challenge, let’s turn to the high-profile case of Melbourne teenager Jake Bilardi.

Much of Australian media’s attention has been focussed on ‘why’ Bilardi was radicalised, and how to prevent it from happening to others. The complexity of his case—mental health issues, his reclusive nature—lend an air of futility to the community’s ability to detect and counter this type of radicalisation and recruitment.

Less attention has been focussed, however, on the mechanisms that fund and facilitate the physical travel of would-be terrorist recruits, such as Bilardi, to the conflict zone. And that’s where relevant government agencies including AUSTRAC can make a real difference.

How does a 17 year old school student and recluse from Melbourne end up reportedly blowing himself up in Iraq? And is there a point in this transition where his actions could be stopped?

A 4,300-word blog attributed to Bilardi, published in January 2015, provides a detailed account of his philosophical and ideological journey to support violent Islamic extremism.

The first 4,000 words tracks the journey of trying to make sense of the politics of conflict and 20th century world history. At the 4,000-word point, Bilardi jumps from musings on the meaning of life, democracy and discovering the Koran to state,

‘so I…sat waiting until everything was prepared and I could exit the country undetected…Without revealing any sensitive information about how I entered the Islamic State…’

‘Everything was prepared’—by whom? And how?

Could Bilardi’s journey have been stopped?

Similar questions can be asked of 18-year old ‘Ginger Jihadi’ Abdullah Elmir, his reported ‘widow’, British schoolgirl Amira Abase, as well as her two schoolfriends. So too of unemployed welfare recipients, Khaled Sharrouf and his wife, Tara Nettleton, now deceased, and their children.

It takes money to travel to the Middle East: to purchase plane tickets, use false documents and use the services of smugglers.

None of the Australians seemed to have the means needed to undertake their journeys without help.

That’s a weakness in the terrorist modus operandi, and stopping the money is another way we can undermine their strategy.

Three recent announcements highlight an important refocussing of the international community’s efforts to defeat terrorism.

On 9 February, in the first ever report to the United Nations Security Council (UNSC) on the progress of counterterrorism efforts, Under Secretary General, Jeffrey Feltman, stressed the imperative of cutting off Islamic State’s (IS) funding.

Feltman painted a picture of IS as an organised criminal group and urged the international community to focus on practical measures to starve IS of the money required to maintain its activities, and consciously link these activities to the broader counterterrorism mission. That follows an historic meeting of UNSC Finance Ministers on 17 December 2015 to consider terrorism funding.

The second announcement, on 2 February, saw the European Commission launch an action plan on counterterrorism financing, building on a commitment by European Finance Ministers in December. The EU plan aims to enhance real-time information and information sharing, focus on transactions involving high-risk third world countries, and track otherwise ‘anonymous’ pre-paid credit cards and virtual currency such as Bitcoin.

The third important initiative is closer to home. On 16–18 November 2015, merely days after the Paris attacks, Australia and Indonesia co-hosted the first ever Asia–Pacific Counter Terrorism Financing Summit.

Attendees from 20 countries, representing governments, the finance sector and academia committed in the Sydney Communiqué, to a range of initiatives to increase sharing of financial intelligence information in the region. Those including a regional financial terrorism risk assessment and intelligence report, and a taskforce to progress initiatives including education. And the goal of reporting real progress by August this year.

That ambitious program of work could be doomed to limited success or even failure. But there are some important indicators that bode well for this project.

First, Indonesia’s Financial Intelligence Unit, PPATK, was an initiator of the Summit and, with Australia’s AUSTRAC, has the joint lead. An indicator of the importance of this initiative to Indonesia is the involvement of Coordinating Minister for Political, Legal and Security Affairs, Luhut Pandjaitan, a highly influential senior cabinet minister. And both PPAT-K and AUSTRAC have activist leaders with track records of achievement in Paul Jevtovic and Muhumud Yusuf.

Second, the financial sector and academics have been brought in as partners from the beginning. Like other terrorist groups, IS uses the international monetary system to move its money around. The banking and remittance sector are vital to identifying those transactions and assisting governments to use the information to trace terrorists and their supporters, and choke their funding. But so often they’ve been left out of the discussion on counter terrorism, which has focussed primarily on government action.

The propaganda of Islamist extremist groups would have it that divine inspiration and belief alone power the groups. But the reality is that, up close, the groups look more like the standard criminal gangs with whom they do business. They cannot succeed without funding, and future Jake Bilardis’ cannot easily engage with them or physically join them without that funding.

That’s a profile familiar from other, once successful, terrorist criminal enterprises, including the Liberation Tigers of Tamil Eelam and the Provisional Irish Republican Army. As the demise of those groups was aided by cutting off the source of their funding, so too can today’s terrorist groups be undermined.

Attacking terrorist finances can make a real difference. But that requires real and long-term commitment, from governments, banking and remittance services, academia and the community. It won’t be easy or quick, and may not make headlines. But it will happen.

Serious and organised crime: getting Australia’s top-level governance right

ASPI is examining how the Commonwealth government could bolster its contribution in the national fight against serious and organised crime. In addition to a proposal to build nation-wide capability, research for this paper has also identified ministerial arrangements as a critical enabler of the fight.

The Commonwealth, States and Territories share responsibilities for organised crime, which makes an effective governance structure at the national level essential. With the federal police, all state police forces and other agencies at both levels of government having dogs in the fight, the structure has to be a pretty flexible one.

The incoming Abbott Government promised to reform the current inter-jurisdictional ministerial arrangements in the legal and law enforcement space. Under the present Council of Australian Governments (COAG) framework there are two subgroups representing distinct sets of actors in the fight. The first group, which dates back to the 1960s, represents the law officers, through the Standing Council on Law and Justice (SCLJ). The other, the Standing Council on Police and Emergency Management (SCPEM), is a 1980s construct and represents the law enforcers. Read more

Reader response: serious and organised crime, more than the sum of its parts?

David Connery’s recent post prompts us to understand serious and organised crime as a national security issue. This is often difficult to comprehend because organised crime is like an iceberg: the majority of it is hidden from view.

On the one hand, there are very visible manifestations of organised criminality such as street violence, a shooting in a public place, outlaw motorcycle gangs, illicit drugs distributed at a nightclub or even the peddling of fake handbags at a market.

However, Australians are increasingly getting glimpses of the hidden part of the iceberg as technology and globalisation enable cyber criminals to launch attacks into our homes and offices to commit a range of crimes. These include sophisticated frauds, identity theft, malicious software attacks, intellectual property crime, tax avoidance and price manipulation. Read more

Serious and organised crime: more than the sum of its parts?

72 litres of liquid methamphetamine was found suspended in shampoo

The Minister for Home Affairs released the Australian Crime Commission’s (ACC) latest update to its Organised Crime in Australia (PDF) series recently. This report is important and has implications for every Australian. The media needs to publicise it. And, most importantly, some deep thinking—which leads to action—is needed.

Such deep thinking is warranted because the report—which is consistent with other recent Australian Government publications, including the 2013 National Security Strategy—describes serious and organised crime as a threat to national security. If the motive of avoiding the direct personal impact of crime isn’t enough to encourage ordinary Australians to take notice, then the prospect of a government using the instruments of national security against this threat should.

Regular readers of this blog will be aware of the implications of calling some actor or vector a ‘threat to national security’. Those less familiar with national security might want to think back to the early 2000s, when global terrorism emerged as a major threat. In their collective and individual responses, governments changed laws, and adopted different decision-making processes that involved a significant degree of secrecy and minimal debate. More money was allocated to national security agencies with a mandate to fight terrorism, and governments used the threat to justify the need to use military force on a number of occasions. And as part of these military actions, practices such as rendition, enhanced interrogation and targeted killings via uninhabited aerial vehicles were sanctioned as both necessary and proportionate. Read more