By Gen. Fianza

Executive Order No. 265 signed by Her Excellency, President Gloria Macapagal-Arroyo on January 23, 2004

“Defining the Approach and Institutional Mechanism for the Government’s Comprehensive Program on Combating Transnational Crime”

The Special Envoy on Transnational Crime

The SETC, with the rank of Ambassador Extraordinary and Plenipotentiary, is mandated to:

• Set policy directions and program design standards
• Advise the President on all matters regarding transnational crime
• Represent the Philippine government in regional and international fora that deal with transnational crime

Agency Support to the SETC

• The Philippine Center on Transnational Crime (PCTC) shall provide technical, operational and administrative support to the SETC.
• The PCTC was established under EO 62 on January 15, 1999 supplemented by EO 100 in May 1999 specifically to strengthen the operational, administrative and information support system especially for law enforcement agencies in combating transnational crime

OSETC Secretariat

In brief, the OSETC effectively functions as:

• The oversight body of government on all transnational organized crime (TOC) matters
• The national focal point in policy-making to ensure a sound legal framework for Philippine commitments to international agreements or instrumentalities
• The lead agency under the President for coordinating, integrating, harmonizing, monitoring and evaluating the efforts of government especially of law enforcement agencies involved in the campaign against TOC

What does TOC cover?

Transnational Organized Crime

• Trafficking in Persons
• Illicit Trade of Small Arms and Light Weapons
• Intellectual Property Theft
• Sea Piracy
• Cultural Property Theft
• Money Laundering
• Economic Crime
• Cybercrime
• Environmental Crime
• Illegal Drug Trafficking
• Terrorism

The Philippine Comprehensive Programme to Combat Transnational Organized Crime (CPCTOC)

Vision

A Country...
With adequate capacity to prevent, combat and eradicate transnational organized crime, confront its menace, and help make the world a safe place, in partnership with the international community of nations.

Goals (2004-2010)

• Optimize government powers and resources to ensure realization of country vision.
• Enhance regional, sub-regional and international cooperation as well as bilateral agreements on specific transnational organized crimes.
• Reduce country’s vulnerability to threats and risks posed by transnational organized crime.

OSETC’s 5 intervention areas

• Legislation and policy development
• Institutional capacity-building
• Training
• Strategic research and intelligence
• International cooperation

OSETC’s Internal Management Structure

Highlights of Accomplishments

Philippine Comprehensive Programme to Combat Transnational Organized Crime

• Developed through a series of focused group discussion (for each of the 11 transnational organized crime) with relevant Departments, Councils and Bureaus of the government
• Submitted to the President in November 2004

Strengthening Law Enforcement Agencies

• Organized Technical Working Group to strengthen law
• SWOT assessment of law enforcement capacity especially of the PNP in combating transnational organized crime

On Environmental Crime

• Conducted an analysis of illegal logging in the Philippines and subsequently, recommended a Training Program for Community Forest Rangers submitted to the President and to the DENR Secretary in March 2005
• Conducted meetings with the DENR Human Resource Division and Forest Management Bureau toward integrating OSETC’s recommendations in DENR’s Community-Based Forest Management
• Assisted in facilitating the Asian Forest Law Enforcement Group and Customs Workshop held in November 2005 in Lahug City, Cebu

On Trafficking in Persons and Human Smuggling

• Proposed a pro forma Ordinance Regulating Cyber of Internet Cafes to Curb Internet Child Pornography
• Established partnership with the Leagues of Cities, Municipalities and Provinces, concerned Local Chief Executives and Local Government Units to combat trafficking in persons
• Conducted conference in October 2005 with Governors, Mayors, Councilors and heads of concerned local government units in Metro Manila, Bulacan, Pampanga, Cavite, Laguna and Batangas
• Established partnership with the United Nations Children’s Fund (UNICEF) to pursue Programme to Combat Internet Child Pornography
• UNICEF shall fund the OSETC’s program to pursue priority projects to combat internet child pornography, particularly to conduct:
• Empirical study on child pornography
• Drafting of a national law on child pornography
• Follow-up on the draft ordinances on child pornography with the local government units

On Small Arms and Light Weapons

• Conducted inter-agency meetings and close coordination with PNP/FED in preparing Country reports to the UN Convention on SALW meetings
• Drafted the Executive Order creating a Task Force on Small Arms and Light Weapons (status: for the approval of the President)
• For auditing purposes, enjoined COA to ensure that inoperable SALW are treated as “special items”
• Participated in various SALW international and national fora especially as resource person in the “United Nations Workshop on Small Arms and Light Weapons (SALW)” in Beijing, China in April 2005, UN Protocols on SALW in Vienna, Austria in October 2005 as well as in the Preparatory Committee meeting held in January 2006 in UN, New York
• Crafted the Philippine Position on the UN Firearms Protocol emphasizing significant progress of the Philippines on SALW with the latest OSETC’s influence on PNP/FED for the proper disposition of inoperable SALW; i.e. smelting.

Provided major inputs into the ASEAN-India Plan of Action (2005-2006)

• Provided major inputs and active participation in the formulation of the National

Action Plan on Piracy and Armed Robbery against Ships

On Terrorism

• Participated in Anti-Terrorism Task Force (ATTF) meetings and in international and regional (ASEAN) fora on terrorism and export controls initiatives
• Participated and hosted the last meeting to finalize the Anti-Terrorism Bill sponsored by Senator Villar, and now at the Upper House
• Continue to maintain partnership with the DFA in conducting (as co-chair) inter-agency meetings on export controls and Chemical Weapons Convention
• Participated in international seminars and conferences on export controls recently held in the U.S.A. and Japan that resulted to commitments to provide technical and financial assistance to the Philippines

  Seminar on Various Crime Investigative Analysis Software and Tools conducted with the i2 Software Company based in Singapore

  • At least 23 officers from various directorates of the PNP, PCTC and AFP attended the seminar

  Meetings with Embassies of Sweden, U.S.A., Japan, Australia and the United Kingdom to explore resource support for OSETC’s projects.

  • Obtained commitments of funding support from the Embassies of Japan, Sweden, and Australia.

  Publications and Media Awareness

  • Quarterly publication of the OSETC Digest distributed to all bodies of government with concerns on transnational organized crime including the Office of the President; Leagues of Cities, Municipalities and Provinces; all embassies located in Metro Manila; and all United Nations agencies
  • Conducted at least 2 seminars for the media on transnational organized crime and advocating to the sector accurate and timely reporting
  • Publication of strategic issues such as internet pornography or cyber sex in national dailies and tabloids as a result of the meetings with the Leagues, LCEs, LGUs and UNICEF
  • Developed the Officers Senior Executive Course (OSEC) Program for the PNP specializing on Transnational Organized Crime
  • Submitted to the Office of the President for approval and request for funding

  On Intellectual Property Theft

  • Significant inputs in the Intellectual Property Office Inter-Agency meetings/activities especially enhancing the Philippine reports to the USTR, toward the removal of the Philippines from the USTR priority watch list.
    Note: Philippines was removed from the USTR priority watch list in February 2006.

  Preparation of the Executive Order creating the Philippine Heritage on Conservation Council (PhilCHeCC)

  • OSETC Co-Chairs the Council with the National Commission on Culture and the Arts
  • Executive Order submitted to the President for approval/signature

  Participation in crafting legislation inputs and formulation of the national plan of action to implement the Chemical Weapons Convention in the Philippines (DFA as interim chair)

  • OSETC as resource (i.e., speaker) on export controls since CWC is considered in the development of the Philippine National Export Controls System
  
  

  2006 Priority Areas

  1. Intellectual Property Theft (optical media)
  2. Small Arms and Light Weapons (implementation of UN Protocols and GOP inter-agency agreements)
  3. Environmental Crime (Forest Crime)
  4. Trafficking in Persons (Internet Child Pornography)
  5. Terrorism (export controls)

  Secondary Priorities

  1. Cultural Property Theft (training of PNP and key enforcement agencies on cultural property/heritage protection)
  2. Economic Crime (NGO monitoring especially funding, fund source and administration of funds viz money laundering and financing of terrorism)
  3. Money Laundering (countering the financing of terrorism)
  4. Illegal Drug Trafficking (monitoring concerned agency efforts against illegal drug trafficking and intervening as necessary)
  5. Piracy and Robbery Against Ships
  
  

  EXPORT CONTROLS INITIATIVES (ECI)

  A top Priority of the OSETC in 2006-2007!
  OSETC is already known by the international and national communities as the national focal point for ECI

  Specific Country Obligation under the UNSCR 1540

  1. National legislation on prohibitions
  2. Domestic controls & enforcement
     1. Accounting for, securing, physical protection
     2. Border controls
     3. Export and trans-shipment controls
  3. Controls lists
  4. Promotion & implementation of bilateral, multilateral treaties/agreements
  5. promotion of dialogues & cooperation
  6. capacity building & industry outreach
  7. monitoring & reporting
  
  

  EXPORT CONTROLS INITIATIVES

  A top Priority of the OSETC in 2006-2007!

  Initial accomplishments along this line:

  • Inter-agency meetings to assess the country’s current export controls
  • Initial dual-use list of 245 controlled items done by OSETC
  • Work plan for 2006 to 2007
  • Forged agreement w/ Australian Embassy to conduct a National Seminar on Export Controls on May 10-11, 2006 at Shangri-la EDSA (OSETC as lead agency for ECI)
  • Participation in international seminars (USA and Japan) with Japan, USA and Australia committing to provide funds to OSETC to facilitate the crafting of legislative agenda, departmental policies, and a national plan of action including design and conduct of industry outreach seminars
  
  Export Controls Initiatives Imperatives
  • National Integrated Export Controls Plan (2006-2007)
  • Strategic goods list covering list of dual-use items
  • GOP inter-agency and LGU operations manual
  • Training of law enforcement and related agencies
  • Industry outreach program
  • Enhancing internation cooperation
  • Monitoring, evaluating and reporting compliance to UNSCR 1540
  
  Other HIGHLY IMPORTANT INITIATIVES now!
  • Preparation of Philippine Country position and report for the June 2006 international gathering of heads of States to review progress on the UN Convention especially on the protocol on SALW
  • Project with UNICEF on Child Pornography (child sex tourism, and those perpetuated through internet, cyber and other “virtual” technology)