Exploring the Financial Nexus of Terrorism, Drug Trafficking, and Organized Crime.”
March
20, 2018
The
Terrorism and Illicit Finance Subcommittee, House Financial Services Committee
March
20, 2018
Statement
of Louise Shelley, University Professor and the Omer and Nancy Hirst Chair and
Director, Terrorism, Transnational Crime and Corruption Center, Schar School of
Policy and Government, George Mason University
In
late 2014, the Security Council adopted Resolution 2195 that identified the
following crimes that support terrorism: “trafficking of arms, persons, drugs,
and artefacts and from the illicit trade in natural resources including gold
and other precious metals and stones, minerals, wildlife, charcoal and oil.”1 This
list, however, omits two important sources of funding for
terrorism—counterfeits and the illicit cigarette trade, which includes
counterfeit and diverted cigarettes, and illicit whites (cigarettes produced to
be smuggled). The use of counterfeits as a funding source was identified with
the first bombing of the World Trade Center in 1993.2
1 UN
Security Council Resolution 2195 adopted in 2014,
https://www.un.org/press/en/2014/sc11717.doc.htm.
2 Dana
Thomas, “Terror’s Purse Strings,” August 30, 2007, .
This
statement will focus on the relationship between illicit trade, transnational
crime, and terrorism focusing on the present state of trade in diverse funding
sources. This includes, but is not exclusively confined, to drugs. The central
premises of this analysis are:
• Almost
all current terrorist groups rely on funding from crime
• Terrorists
are functioning like diversified criminal businesses (ISIS epitomizes this)
• Terrorists
choose to fund their activity through many of the least policed forms of
criminal trade such as counterfeits— (clothing, cigarettes), antiquities, petty
fraud, stolen telephones, and low-level intellectual property crime
• These
petty forms of illicit trade have high profit and low risk
• Dual
Use Crime—terrorists commit these crimes because they can generate revenue and
degrade political stability simultaneously
•
A)
Drugs—keep people subservient or incapacitate communities
B)
Kidnapping—devastation of community makes them unable to resist
C)
Trafficking for sex can be a means of destroying communities and groups
undesirable to the terrorist organization - (i.e. Boko Haram, ISIS)
Drug
Trafficking
Drug
trafficking, a multi-billion transnational crime business, has diverse
perpetrators involved in different segments of the market. As in the past,
countries have engaged in the drug trade to benefit the state. A key
contemporary example of this is North Korea, under comprehensive economic
sanctions. The North Korean state earns much needed hard currency through state
production of methamphetamines. These drugs are often distributed overseas by
North Korean diplomats, who exploit their diplomatic immunity.3
3 Sheena
Chestnut Greitens, “Illicit: North Korea’s Evolving Operations to Earn Hard
Currency,” April 15, 2014,
https://www.hrnk.org/uploads/pdfs/SCG-FINAL-FINAL(1).pdf; “North Korea ‘ramps
up manufacture of illicit drugs’ amid sanctions,” August 21, 2017,
http://www.dw.com/en/north-korea-ramps-up-manufacture-of-illegal-drugs-amid-sanctions/a-40169753.
4 Loretta
Napoleoni, Terror Incorporated: Tracing the Dollars behind the Terror
Networks (New York: Seven Stories Press, 2005), 65-80.
5 “Drug
Trafficking and the Financing of Terrorism.” Accessed July 1, 2017, http://www.unodc.org/unodc/en/frontpage/drug-trafficking-and-the-financing-of-terrorism.html;
UN Security Council Resolution 2195 adopted in 2014.
https://www.un.org/press/en/2014/sc11717.doc.htm
6 U.S.
State Department, Foreign Terrorist Organizations, September 28, 2012, http://www.state.gov/j/ct/rls/other/des/123085.htm,
accessed January 8, 2013.
7
Michael Braun, Drug Trafficking and Middle Eastern Terrorist Groups: A Growing
Nexus? , July 25, 2008, http://www.washingtoninstitute.org/policy-analysis/view/drug-trafficking-and-middle-eastern-terrorist-groups-a-growing-nexus.
8 John
Rollins and Liana Sun Wyler, “Terrorism and Transnational Crime: Foreign Policy
Issues for Congress,” July 2013, 3. https://fas.org/sgp/crs/terror/R41004.pdf.
Origins
of Terror-Drug Connection
Terrorists
are important non-state beneficiaries of drug trafficking. The term
narco-terrorism first was used in Peru in the early 1980s. This term referred
to the Peruvian Sendero Luminoso, a Maoist terrorist organization,
significantly funded by drugs, which sought to overthrow the Peruvian
government.4 The United Nations Security Council has
repeatedly recognized the relationship between drugs and terrorism.5 In
2008, the chief of operations at the US Drug Enforcement Agency, Michael Braun,
indicated that of the then 43 designated terrorist groups,6 19
profited from the drug trade.7 The Department of Justice
reported, in fiscal year 2010, that 29 of the top 63 international drug
syndicates were associated with terrorist groups.8 Almost
all of these
designated
terrorist organizations are based in the developing world. Examples of
terrorist groups involved in the global drug trade include the Revolutionary
Armed Forces of Colombia (FARC), the Taliban, Hezbollah, and the Kurdistan
Workers Party (PKK).9 Many other terrorist groups
are active in the drug trade at regional levels. Illustrative of this are
Islamic State (ISIS) affiliates, Al-Qaeda in the Arabian Peninsula (AQAP) in
Yemen, and Al-Qaeda in the Islamic Maghreb (AQIM) in North Africa.10 ISIS
itself has been involved in the narcotics trade, particularly that of Captagon
(a psychostimulant).11
9 Jennifer
L. Hesterman, The Terrorist-Criminal Nexus: An Alliance of International
Drug Cartels, Organized Crime, and Terror Groups (Boca Raton, London, New
York: CRC Press, 2013), 85-86; Gretchen Peters, “How Opium Profits the
Taliban,” United States Institute of Peace, 2009, 20. Accessed July,1, 2017.
www.usip.org/files/resources/taliban_opium_1.pdf; Michael Kenney,
From Pablo to Osama: Trafficking and Terrorist Networks, Government
Bureaucracies and Competitive Adaptation (University Park, Pa.:
Pennsylvania State University Press, 2006).
10 Gabriel
Koehler-Derrick ed. “A False Foundation? AQAP, Tribes and Ungoverned Spaces in
Yemen,” October 3, 2011, Combating Terrorism Center at West Point, 104.
Accessed July 1, 2017,
https://ctc.usma.edu/posts/a-false-foundation-aqap-tribes-and-ungoverned-spaces-in-yemen
; Rollins and Wyler, 3.
11 Ahmed
AL –Imam et. al, “Captagon: Use and Trade in the Middle East,” Human
Psychopharmacology Clinical and Experimental, 2016, DOI 10.1002/hup.2548.
12
Fundacion
Ideas para la Paz (2018) ¿En qué va la sustitución de cultivos ilícitos?
Balance del 2017 y lo que viene en 2018, http://cdn.ideaspaz.org/media/website/document/5a905d8a0546e.pdf.
Colombia
The
Colombian case is an unusual example of the state reasserting control over
territory once controlled by crime and terrorist groups. In Colombia, since the
signing of the peace agreement with the FARC in November 2016, there has been
some progress in dismantling elements of the drug trade. Problems remain in
reducing the levels of drug cultivation. According to a recent report by
Fundacion Ideas para la Paz, a renowned and respected think tank that has been
monitoring the implementation of the peace accords, FARC has complied to a good
extent.12
The
peace agreement of the Colombian government with the FARC is based on three
main pillars: (1) eradication of crops of illicit use (2) drug consumption
reduction strategies and (3) reducing the production and commercialization of
narcotics. While the government’s responsibilities entail the design and
execution of policies in the three areas, FARC’s commitment relates to a vague
“effective and determined contribution, by different forms and practical
actions, to the solution of the problem of illicit drugs.” They have, however,
a very important and clear role in the execution of the strategy of coca leaf
eradication, as they facilitate the execution of the program in areas that had
been under their influence.
The
main obstacles faced in implementing this program have been to an increase in
violence, particularly murder rates in municipalities, where most of the coca
plantations are concentrated. This increase is related to disputes among
different illicit actors and the reconfiguration of markets in cocaine
trafficking. Violence has also emerged from the clash between eradication teams
and communities opposed to this policy. Also, landmines are present in some
areas. This hinders the government’s eradication efforts. The Colombian
government seeks to eliminate coca cultivation from 50,000 hectares (or approx.
125,000 acres).
Northern
Route from Afghanistan and Russia
Drug
trafficking and use in Russia dramatically escalated as a Northern route
developed out of Afghanistan to move heroin to lucrative markets in Europe.
Russian-speaking organized crime groups initially profited from the
privatization of state economies, but a subset moved into the drug trade to
benefit from the large-scale movement of drugs through Eurasia.13 The
movement of heroin benefits the Taliban that increasingly controls Afghan
territory and taxes the drug trade. The UN has identified Taliban leaders
directly involved in the drug trade trafficking. At the present time, the
Afghan government in Kabul does not control areas where there is extensive
poppy growth and cultivation of drugs has increased dramatically.14 The
United Nations Office on Drugs and Crime in its 2017 report estimates that
“Between 26 %and 85% of the opium cultivating areas are estimated to be under
varying degrees of Taliban influence.”15 Also,
the 2017 UN Report estimates “non-State armed groups raised about $150 million
in 2016 from the Afghan illicit opiate trade in the form of taxes on the cultivation
of opium poppy and trafficking in opiates.”16 Some
estimates suggest that half the income of the Taliban comes from the drug
trade.17
The
Taliban is not the only terrorist group operating in Afghanistan. ISIS also
operates in Afghanistan and once competed with the Taliban for control of the
drug trade but “no longer seems to systematically interfere with drug
production, although they still may do so in individual cases.”18
13 Mark
Galeotti, “Narcotics and Nationalism: Russian Drug Policies and Futures,”
Brookings Institution, 2016,
https://www.brookings.edu/wp-content/uploads/2016/07/Galeotti-Russia-final.pdf;
Louise I. Shelley and Svante E. Cornell, "The Drug Trade in Russia,"
in Andreas Wenger, Jeronim Perovic, and Robert W. Orttung, eds., Russian Business
Power: The Role of Russian Business in Foreign and Security Relations, London:
Routledge, 2006, pp. 196-216.
14 Afghanistan
Opium Survey: Cultivation and Production, November 2017, https://www.unodc.org/documents/crop-monitoring/Afghanistan/Afghan_opium_survey_2017_cult_prod_web.pdf
15 UN
World Drug Report, 2017, vol. 5,
https://www.unodc.org/wdr2017/field/Booklet_5_NEXUS.pdf, p.38 (figure is up to
85% in areas where there is support for Taliban)
16
Ibid. 10.
17
Ibid, 34.
18
Ibid., 36.
Southern
Route and Trafficking from Afghanistan
Whereas
post-Soviet organized crime groups benefit from the drug trade through the
Northern route, Iranian and Turkish groups derive profits from the Southern
route. The Iranian Revolutionary Guard (IRGC) may be involved in heroin
smuggling to Europe through Iraqi-Shia militias.19 The
PKK raises money by taxing cannabis farmers and trafficking heroin through the
Balkan Route.20 The PKK may operate drug distribution rings in
the European Union. In September 2017, Austria and Belgium prosecuted a Kurdish
drug gang for sales of heroin, ecstasy, and cocaine. Allegedly, the gang was
remitting the proceeds to the PKK in Turkey.21
19 Ahmed
Majidyar, Ahmed. “Quds Force Reportedly Uses Regional Shiite Militias for Drug
Smuggling into Europe.” Middle East Institute, April 17, 2017.
https://www.mei.edu/content/io/quds-force-reportedly-uses-regional-shiite-militias-drug-smuggling-europe.
20 Mahmut
Cengiz, “Amped in Ankara: Drug Trade and Drug Policy in Turkey from the 1950s
through Today.” Brookings (blog), April 5, 2017.
https://www.brookings.edu/research/amped-in-ankara-drug-trade-and-drug-policy-in-turkey-from-the-1950s-through-today/.
21 “Hasseltse
Drugsbende ‘Bevoorraadde Half Europa.’” Het Belang Van Limburg.
September 1, 2017.
https://translate.google.com/translate?sl=nl&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Fwww.hbvl.be%2Fcnt%2Fdmf20170901_03047278%2Fhasseltse-drugsbende-bevoorraadde-half-europa&edit-text=;
Turks-Koerdische drugsbende in Hasselt opgerold.” HNL News, September 2017.
https://translate.google.com/translate?sl=auto&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=https%3A%2F%2Fwww.hln.be%2Fnieuws%2Fbinnenland%2Fturks-koerdische-drugsbende-in-hasselt-opgerold%7Ea2507c1c%2F&edit-text=.
22 Ibid.
UN World Drug Report. vol 5. 11
23
Franceco Strazzari, “Azawad and the Rights of Passage: The Role of Illicit
Trade in the Logic of Armed Group Formation in Northern Mali.” Norwegian
Peacebuilding Resource Centre, January 2015,
Africa
Boko
Haram has also reportedly helped drug traffickers to smuggle heroin and cocaine
across West Africa. During a Chadian criminal case against Boko Haram members,
there testified that “considerable quantities of psychotropic substances had
been recovered and that Boko Haram members were regularly involved in the
trafficking in and consumption of those substances.”22 Further
north, some evidence suggests that Al-Qaeda in the Islamic Maghreb has been
involved in cannabis and cocaine trafficking, or at least protecting drug
traffickers. AQIM provides seed funding to drug traffickers in exchange for 50%
of the profit.23 Profits are sometimes paid out in vehicles or
weaponry.
https://www.clingendael.org/sites/default/files/pdfs/Strazzari_NOREF_Clingendael_Mali_Azawad_Dec2014.pdf.
24
“The Afghan Opiate Trade and Africa – A Baseline Assessment.” United Nations
Office on Drugs and Crime, 2016.
http://globalinitiative.net/the-afghan-opiate-trade-and-africa-a-baseline-assessment/;
Terrorist Financing in West and Central Africa.” Paris, France: Financial
Action Task Force, October 2016.
www.fatf-gafi.org/media/fatf/documents/reports/tf-in-west-africa.pdf.
25 UN
World Drug Report, 2017, vol. 5, 35
https://www.unodc.org/wdr2017/field/Booklet_5_NEXUS.pdf
26 Gretchen
Peters, Seeds of Terror: How Heroin is Bankrolling the Taliban and Al Qaeda (New
York: St. Martin’s Press, 2009).
27 Stephen
Tankel, Storming the World Stage: The Story of Lashkar-e-Taiba (New
York: Columbia University Press, 2011), 90; Ryan Clarke, Crime-Terror Nexus
in South Asia: States, Security and Non-State Actors (Abingdon and New
York: Routledge, 2011), 48-55.
The
majority of AQIM’s drug income derives from taxes on traffickers operating
through AQIM territory.24
UN
analysis suggests AQIM which operates primarily in North and West Africa, has
been involved in cannabis and cocaine trafficking, often by protecting
traffickers, “Individual commanders of the Movement for Oneness and Jihad in
West Africa, which broke away from Al-Qaeda in the Islamic Maghreb, seem at present
to be directly involved in drug trafficking.”25
Asia
The
Pakistani-based crime-terror group, D-company (whose origins lie in India),
expanded Karachi’s historic role as a drug transshipment point, and built a
powerful transnational crime-terror organization, in part from drug proceeds.26 D-company,
like Mexican drug organizations, has diversified. They traffic weapons,
counterfeit DVDs, and provide financial services through their extensive system
of hawala operators (a system of underground banking present in South
Asia and the Middle East).27
Future
Concern
The
fentanyl that is currently imported into the United States is so potent that it
is sometimes very harmful to those that come into contact with it. Therefore,
there is a possibility that this drug could be utilized by terrorists as a
weapon. The fact that such strong fentanyl is presently being sent through the
postal service poses a serious health risk. Therefore, the drug may not only
generate revenues for criminals, but may be used to harm individuals as in a
terrorist attack.
Human
Trafficking
Terrorists
related to the Al-Qaeda network use human trafficking more as a form of
intimidation and retaliation than as a revenue source. The trafficking of
Yazidi women by ISIS,28 as well as women and girls by
Boko Haram, the ISIS West African affiliate, has been heavily publicized. But
there are historical precedents, as the PKK in Turkey profited from human
trafficking and smuggling. Children in Africa have been trafficked by terrorist
groups, such as Al-Shabaab, to serve as child soldiers.29
28 Cathy
Otten, “Slaves of ISIS: The Walk of the Yazidi Women,” July 25, 2017.
https://www.theguardian.com/world/2017/jul/25/slaves-of-isis-the-long-walk-of-the-yazidi-women.
29 Shelley,
Dirty Entanglements: Corruption, Crime and Terrorism, 178-79.
30Warren
Strobel, Jonathan Landay and Phil Stewart, “Exclusive: Islamic State sanctioned
organ harvesting in document taken in U.S. raid,”, December 25, 2014, Accessed
July 5, 2017, http://www.reuters.com/article/us-usa-islamic-state-documents-idUSKBN0U805R20151225.
31 An
illicit kidney trade also functions in the Indian subcontinent, and China for
profit.
32 Nancy
Scheper-Hughes, “Organ Trafficking During Times of War and Political Conflict,”
International Affairs Forum, Vol.7, no. 2 (Fall 2016): 123-36.
33
Arnold
Ahlert, “ISIS Trafficking Human Organs?,” February 19, 2015. Accessed July 5,
2017,
http://www.frontpagemag.com/fpm/251753/isis-trafficking-human-organs-arnold-ahlert;
Human Organ Trafficking, Campbell Fraser. Accessed July 5, 2017,
https://vimeo.com/156708248.
Terrorist
groups, such as Al-Nusra are involved in the kidney trade. 30 Purchasers
enter chat rooms on the Dark Net, finding suppliers of kidneys and doctors
ready to perform the necessary surgery.31 Wealthy
buyers travel to access kidneys “sold” by desperate individuals in the Middle
East, including refugees. Buyers may pay up to $80,000 to secure a kidney
outside the legitimate market, a demand that is filled by purchasing or
coercing the most vulnerable refugees to surrender a kidney with very limited
compensation.32 In the absence of decent post-operative medical
care, this sale may place the sellers’ life in jeopardy. The proceeds of a
kidney sale may pay for smuggling fees to Europe for family members.33
Antiquities
Trade
The
large-scale illicit trade in artifacts from Iraq first occurred in the
disturbed conditions following the 1991 Gulf War, peaking around the 2003 Iraq
War. More recently, it has flourished in ISIS-occupied areas. Similarly, in
Syria, low-level looting and trafficking, which began in the 1980s, worsened
after the onset of hostilities in 2011 and grew still more after the 2013 ISIS
invasion and occupation of large parts of the country. In August 1990, UN
Security Council Resolution (UNSCR) 661 prohibited trade in Iraqi artifacts and
was reaffirmed in February 2015 by UNSCR 2199, which prohibited trade in Syrian
artifacts. Unfortunately, neither instrument seems to have exerted any material
control over antiquities trafficking. ISIS has taxed antiquity traffickers and
has even provided excavation licenses to individuals in regions under their
control.
It
is clear from satellite imagery and news reporting that archaeological sites
throughout Iraq and Syria have been badly damaged by looting. The organization,
operation, and financial parameters of antiquities trafficking are poorly
understood. iIfthe role of terrorist groups in antiquities trafficking is not
fully known, the trade is key as nothing can pass through ISIS controlled
territory without payments. As ISIS loses control over territory, there is are
indicators that Al-Nusra is assuming a greater role in the antiquities trade.34
34 Research
being done under U.S. State Department, Counterterrorism Branch grant on Research
and Training on Illicit Markets for Iraqi and Syrian Art and Antiquities,
September 2017 – September 2018, to TraCCC Center at George Mason University. I
serve as the Principal Investigator.
35 Rajan
Basra, Peter Neumann and Claudia Brunner, Criminal Pasts, Terrorist Futures:
European Jihadists and the New Crime-Terror Nexus (London: ICSR, 2016), 44.
Accessed June 16, 2017,
http://icsr.info/2016/10/new-icsr-report-criminal-pasts-terrorist-futures-european-jihadists-new-crime-terror-nexus/;
Katrin Bennhold and Eric Schmitt, ‘Gaps in France’s Surveillance Are Clear;
Solutions Aren’t’, New York Times, February 17, 2015,
https://www.nytimes.com/2015/02/18/world/gaps-in-surveillance-are-clear-solutions-arent.html.
36 Mincheva
and Gurr, Crime-Terror Alliances and the State” Ethnonationalist and
Islamist Challenges to Regional Security 95-6; Louise I. Shelley, Dirty
Entanglements: Corruption, Crime and Terrorism (Cambridge and New York:
Cambridge University Press), 1-4.
37
Shelley,
Dirty Entanglements: Corruption, Crime and Terrorism; Matthew Levitt, Hamas:
Politics, Charity and Terrorism in the Service of Jihad (New Haven, Conn:
Yale
Illicit
Cigarette Trade
The
trade in counterfeit and diverted cigarettes, and illicit whites resembles and
sometimes intersects with the trade in drugs and humans. Ignored by many law
enforcement agencies, illicit cigarette trade provide an ideal funding source
for states, corrupt officials, criminals, and terrorists.
The
illicit cigarette trade has been particularly attractive to terrorist groups,
because it is low risk and high profit. One of the Kouachi brothers, the
murderer of the Charlie Hebdo cartoonists in Paris, made money by selling
cigarettes.35 Higher levels of the illicit cigarette supply
chain support terrorism in more significant ways. AQIM (branch of al Qaeda in
North Africa) and other Jihadists in the region relied on this trade.36
Other
terrorist groups also profit from illicit cigarettes. Hezbollah and Hamas have
been identified in multiple cigarette cases.37 ISIS
manipulated the cigarette trade for
University
Press, 2006); Matthew Levitt, Hezbollah: The Global Footprint of Lebanon’s
Party of God (Washington, D.C.: Georgetown University Press, 2013).
38 Fazel
Hawramy, “Islamic State Turns to Cigarette Smuggling to Fund Itself,” November
28, 2016,
https://www.realclearworld.com/2016/11/28/isis_turns_to_cigarette_smuggling_to_fund_itself_180565.html.
39
Ibid.
40 Benoît
Gomis and Natalia Carrillo Botero, “Paraguay’s Tobacco Business Fuels Latin
America’s Black Market” Feb. 5, 2016,
https://www.foreignaffairs.com/articles/paraguay/2016-02-05/sneaking-smoke;
Alma Keshavarz , “Areas of Latin America: A Look at the ‘Old TBA’ and the ‘New
TBA’,” Small Wars Journal, November 12, 2015. Accessed July 1, 2017,
http://smallwarsjournal.com/jrnl/art/iran-and-hezbollah-in-the-tri-border-areas-of-latin-america-a-look-at-the-%E2%80%9Cold-tba%E2%80%9D-and-the.
41 “The
Global Illicit Trade in Tobacco: A Threat to National Security,” US Government,
2015, 21. Accessed June 15, 2017,
https://2009-2017.state.gov/documents/organization/250513.pdf; Hawramy,
“Islamic State Turns to Cigarette Smuggling to Fund Itself,” November 27, 2016..
42
Ibid.
its
benefit on territory it controlled in Iraq and Syria,38 even
though cigarettes are banned under the strict version of Islam propagated by
ISIS. Reports out of Mosul reveal “Daesh made an agreement with oil truck
drivers and allowed them to smuggle 50 cartons in a compartment inside the
truck in return for intelligence about the petty and main sellers.” Then, ISIS
would arrest and flog the sellers and resell their cigarettes at significant
profit.39
The
tri-border area of Paraguay, Brazil, and Argentina remains a major center of
threat finance. “Illicit whites,” produced in Paraguay, are a major currency of
terrorist funding, including groups such as FARC.40
Older
terrorists groups, such as the IRA (Irish Republican Army), profited from the
illegal cigarette trade.41 A major illicit cigarette
smuggling operation was revealed under the most unusual circumstances. Al Qaeda
operatives successfully launched two rockets at a container ship passing
through the Suez Canal in Egypt in transit to Ireland. The subsequent
investigation of the damaged ship revealed a $55 million shipment of smuggled
cigarettes destined for a well-known Irish national with long standing ties to
the IRA.42
Terrorists
and Energy Markets
Illicit
actors, including terrorists, have recently shifted to significant trading in
fossil fuel products. ISIS was a wake up call, but illicit actors–– criminals
and terrorists––trade in oil and gas in Latin America, Africa, and the Middle
East. Non-state actor involvement in established energy markets was surprising.
Even more unanticipated was
the
entry of organized criminals and illicit non-state actors, such as terrorists,
into the new clean economy.43
43 This
section is drawn from Louise Shelley, Dark Commerce: How the New Illicit
Economy Threatens our Future (Princeton: Princeton University Press, in
press, Fall 2018).
44 Brian
Deese, “Paris Isn’t Burning: Why the Climate Agreement Will Survive Trump, Foreign
Affairs Vol. 94. No.4, (July-August 2017): 83-92.
45 Christian
Egenhofer, “The Making of the EU Emissions Trading Scheme: Status, Prospects
and Implication for Business,” European Management Journal
Volume
25, Issue 6 (December 2007): 453-463.
46 “Multi-billion
euro carbon-trading fraud trial opens in Paris,”
May 4,
2016. Accessed June 17, 2017,
http://www.france24.com/en/20160503-france-trial-multi-billion-carbon-emissions-trading-fraud-opens-paris;
Marius-Cristian Frunza, Fraud and Carbon Markets,(Abingdon: Routledge,
2013); Interpol, “Guide to Carbon Trading Crime,” June 2013.
http://www.fern.org/node/5674.
47 Hannah
Roberts, “ Britain wanted for £ 1 billion fraud used to ‘finance terrorism’ by
ripping off Italian government through scheme designed to combat global
warming,” September 24, 2014, http://www.dailymail.co.uk/news/article-2768348/Briton-wanted-1-billion-fraud-used-finance-terror-ripping-Italian-government-scheme-designed-combat-global-warming.html; Luigi
Ferrarella e Giuseppe Guastella, “La grande truffa dell’Iva in Italia per
finanziare i gruppi islamici,” September 24, 2014.,
http://www.corriere.it/cronache/14_settembre_24/grande-truffa-dell-iva-italia-finanziare-gruppi-islamici-ec394336-43a5-11e4-bbc2-282fa2f68a02.shtml?refresh_ce-cp.
Interviews have also been conducted with European law enforcement on this topic
who investigated and prosecuted these cases.
Billions
of dollars were invested in renewables, even before the adoption of the Paris
climate agreement.44 Licit and illicit actors
targeted these new opportunities. The European Union (EU) Emissions Trading
Scheme was launched in 2005 with optimism,45 without
anticipating that its weakly regulated system would provide a great opportunity
for criminal activity. Yet this naiveté cost the EU over €5 billion
(approximately $6.5 billion) and enriched criminals, terrorists, hackers,
corrupt bankers, and traders. The largest European losses were in France,
totaling approximately €1.6 billion.46
A
British-Italian case of carbon credit fraud apparently helped fund terrorism.
The Italian government accused Yakub Ahmed, of Pakistani origin and residing in
Preston, UK, of defrauding the Italian state out of €1.15 billion
(approximately $1.5 billion in 2010) in VAT, which he allegedly laundered
through slush funds and investments in Dubai. The relevance of the Pakistan
link became apparent in 2010 when Ahmed’s name and company were found on papers
picked up by UK and U.S. secret services as they raided a Taliban base in the
mountains between Afghanistan and Pakistan. The prosecutors in Milan believe
the funds were reinvested in the Middle East to disguise financing of Islamist
terrorist organizations.47
Terrorism
and Environmental Crime
The
United Nations Security Council Resolution pointed out the links between
environmental crime and the funding of terrorism. For example, in Africa, Boko
Haram has infiltrated the lucrative fishing sector in Northeast Nigeria,
depriving fisherman of their livelihood while providing the terrorist group
with an important revenue stream.48 Forests
in conflict regions in Africa are abused for another purpose—the production of
charcoal that depends on the trees grown in naturally protected areas. The
result is large-scale deforestation, desertification, and famine.49 Indigent
Somalis are participants in this trade that enriches officials and dealers, yet
it also benefits dangerous non-state actors50 such
as militias from the Democratic Republic of the Congo (DRC)51 and
terrorist groups. The most noted of these is al-Shabaab, which is estimated to
have earned between $38 million and $68 million a year from charcoal sales and
taxation of charcoal in transit. This composes an estimated 40% of Al-Shabbab’s
revenues.52
The
transporters move the charcoal across Africa to the Arabian Peninsula.53
48 Joan
Tiloine, “Nigera Maiduguri tient tête à Boko Haram,” Le Monde,
July 2-3, 2017, 16.
49 Said
Ismail, “Charcoal Trade Stripping Somalia of Trees, August 23, 2011.
http://piracyreport.com/index.php/post/1426/Charcoal_Trade_Stripping_Somalia_of_Trees
; “The Charcoal Conundrum: ending the illegal Somali charcoal trade,” June 10,
2014. http://www.globalinitiative.net/somalia-charcoal/states that 40% of al
Shabaab’s funding may come from this.
50 C.
Nellemann et.al., eds. The Environmental Crime Crisis – Threats to Sustainable
Development from Illegal Exploitation and Trade in Wildlife and Forest
Resources.A UNEP Rapid Response Assessment. United Nations Environment
Programme and GRID-Arendal, Nairobi, 2014, 71.
51 Nellemann,
et.al., The Environmental Crime Crisis – Threats to Sustainable Development
from Illegal Exploitation and Trade in Wildlife and Forest Resources,75.
52 Global
Initiative against Transnational Organized Crime, “The Charcoal Conundrum:
ending the Somali illegal Charcoal Trade.”
53 Nellemann,
et.al., The Environmental Crime Crisis – Threats to Sustainable Development
from Illegal Exploitation and Trade in Wildlife and Forest Resources 80-81.
54
Ashfaq Yusufzai, “Pakistan’s Forests Fall Victim to the Taliban,” Jan. 17,
2012, https://www.theguardian.com/environment/2012/jan/17/pakistan-forests-taliban.
The
deforestation to benefit terrorists in not a problem confined to Africa.
Terrorist groups have profited from the deforestation of both Afghanistan and
Pakistan.54
Therefore,
the Taliban has enriched itself by doing long term damage to the sustainability
of life in of these countries.
Terrorists
also slaughter animals to enrich their coffers. Illicit networks of criminals,
insurgents, and terrorists often cooperate with high-level officials to make
the global trade work. They hire killers and then move the animal parts
thousands of miles to lucrative markets. Illustrative of this is that elephant
tusks have been used to buy weapons for Joseph Kony’s Lord’s Resistance Army
(LRA), based in South Sudan. Kony’s fighters have been poaching in the DRC’s
Garamba National Park, leading to the
death
of many of the remaining 20,000 elephants in the park as well as the deaths of
numerous park rangers who have sought to protect the animals.55
55 Ledio
Cakaj, Tusk Wars Inside the LRA and the Bloody Business of Ivory,” October
2015. http://www.enoughproject.org/files/Tusk_Wars_10262015.pdf; Bryan Christy,
“How Killing Elephants Finances Terror in Africa,” August 12, 2015,
http://www.nationalgeographic.com/tracking-ivory/article.html.
56
Amin
Rosen, “The US has Sanctioned one of Russia’s Weirdest Politicians,” Nov. 29,
2015, http://www.businessinsider.com/the-us-has-sanctioned-kirsan-ilyumzhinov-2015-11.
What
to do?
1)
Illicit activity that funds terrorism often occurs in remote areas. But
terrorist financing is often enabled by a limited number of large-scale
facilitators who can be targeted by the international financial community. This
is often a more effective strategy than pursuing kingpins of criminal
organizations, who can be more easily replaced.
2)
Illicit trade supporting terrorism often intersects with the legitimate economy
and can be targeted with intelligence from the legitimate private sector. North
Korean financing was in the past processed through a bank in Macao. As a
result, the bank was successfully targeted by FinCEN. FARC traffickers in Latin
America often interact with the legitimate economy, especially as they diversified
from drugs into the gold trade. Therefore, their points of intersection with
the licit financial system can be sanctioned and removed.
3)
Those countering threat finance have focused on the drug trade, whereas illicit
actors have diversified to many different commodities. When they diversify,
they tend to be more careless than in their drug operations. This makes the
traffickers more identifiable and easier to pursue. Therefore, we must focus on
the convergence of different forms of illicit trade and not focus exclusively
or disproportionately on drugs.
4) The
US should continue and expand its sanctioning of terrorist facilitators such as
it did with the Russian politician, Kirsan Ilyumzhinov of Kalymkia, who was
designated by the US Treasury for “materially assisting and acting for or on
behalf of the Government of Syria." 56
5)
Public-private partnerships need to be enhanced to ensure that corporations
take more action in certifying their supply chains against corruption and
exploitation by terrorists. This is a particular concern in the natural
resource and extractive industry sectors where corruption is particularly
pronounced and where terrorists have recently diversified their fund-raising.
Businesses, especially in new areas of technology, need to ensure that social
media and online platforms are not
facilitating
corrupt, criminal and terrorist activity where there has been exponential
growth of illicit activity in recent years.
6)
There need to be more public-private partnerships between the government and
the business community. Both share a mutual concern that terrorists not be
allowed to operate. Businesses can identify anomalies and can mine data at
their disposal to detect possible cases of terrorist financing and activity.
The business and security community should work against the business side of
terrorism just as they would work against a business competitor.
7) The
financial community and the branches of the U.S. government devoted to
financing of terrorism have a very important role to play and their responses
need to be key in addressing terrorism. We need a strategy that extends beyond
law enforcement and military responses and addresses the diversity of illicit
trade now funding terrorism. More oversight needs to be provided over Free
Trade Zones that are key to the facilitation of illicit trade. Consumers must
be made aware of the risks to security by purchasing counterfeit goods and
other illicit products.
8) In
order to address the criminal and corrupt sources of funding for terrorism, it
is necessary to follow the money. Corrupt officials and financial institutions
that facilitate illicit flows must be held accountable. Transparency must be
enhanced in the global financial system and in supply chains. Reporting requirements
must be improved to limit the ability of individuals and corporations to hide
funds in offshore locales. A key element is the establishment of requirements
to disclose beneficial ownership for financial accounts, companies, and real
property, making it possible to determine the actual owners. Bankers and the
real estate sector must enhance mechanisms to guard against money laundering by
criminals, terrorists and corrupt officials, the frequency and extent of which
was revealed by the Panama and Paradise Papers.
9) We
need a whole of society perspective not just a whole of government. The
financing of terrorism involves consumers who buy the products and businesses
who wittingly and unwittingly facilitate the dark commerce that is at the heart
of terrorist financing. More attention needs to be paid to the financial side
of counter-terrorism and it needs to be prioritized with resources and greater
community awareness.
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