Transnational Organized Crime

in East Asia and the Pacic

A Threat Assessment
April 2013
Counterfeit goods Methamphetamine
Ozone-Depleting
Substances
Illegal wood
products Heroin
Trafcking in
persons
Fraudulent
medicines Illegal wildlife
Migrant
smuggling
E-waste
Copyright 2013, United Nations Ofce on Drugs
and Crime (UNODC).
Cover photos: www.sxc.hu (medicines),
WWF-Malaysia/S.Hogg (pangolin) and CBSA
(migrant smuggling).
APPRECIATION
UNODC gratefully acknowledges the fnancial con-
tribution of the Governments of Australia and New
Zealand towards the cost of preparing this TOCTA.
UNODC also acknowledges the kind contribution
of the United Nations Environment Programme to
the development of the chapters 9 and 10 of this
publication.
Te preparation of this report would not have been
possible without the data and information reported
by governments to UNODC and other international
organizations. UNODC is particularly thankful to
government and law enforcement ofcials met in the
region while undertaking research.
ACKNOWLEDGEMENTS
Tis study was conducted under the responsibility
of the UNODC Regional Ofce for Southeast Asia
and the Pacifc (ROSEAP), Division for Operations
(DO), with research support of the UNODC Studies
and Treat Analysis Section (STAS), Division for
Policy Analysis and Public Afairs (DPA).
EDITORIAL AND PRODUCTION TEAM
Te TOCTA EAP was produced under the
supervision of Aldo Lale-Demoz, Director, DO,
and Gary Lewis, the former UNODC Regional
Representative, ROSEAP.
Core team:
In Bangkok: Mark Harris (Lead Researcher), Akara
Umapornsakula (Maps and Images), Inshik Sim,
Janeille Tompson, Tun Nay Soe, Shawn Kelley,
Giovanni Broussard, Sebastian Baumeister, Jonathan
Hampshire, Stefan Wetzel, Patrick Anderson,
Francesco Salonia, Louise Truslove, Angelica Boyle,
Craig McFarlane.
In Vienna: Jenna Dawson, Tomas Pietschmann,
Louise Bosetti, Suzanne Kunnen, Kristina Kuttnig,
Anja Korenblik.
In New York: Ted Leggett.
Writers, consultants and contracted agencies:
Note: Because of signifcant re-writes and inputs
from other sources, the fnal chapters do not
necessarily refect the work of the original drafters.
UNODC thanks all writers, consultants and
contracted agencies for their contribution.
Chapter 1 (Migrant Smuggling and Human
Trafcking): Rebecca Powell with additional inputs
from Rebecca Miller on migrant smuggling.
Chapter 2 (Human Trafcking): Rebecca Powell.
Chapter 3 (Migrant Smuggling): Rebecca Miller.
Chapter 4 (Migrant Smuggling): Rebecca Miller.
Chapter 5 (Heroin): Jianhong Liu (Prof.), Huang
Kaicheng (Prof.), Jieying Lin with additional
contributions from Tomas Pietschmann
(UNODC).
Chapter 6 (ATS): Shawn Kelley (UNODC).
Chapter 7 (Wildlife): TRAFFIC Southeast Asia and
Edward van Asch. Peer reviewers: John M. Sellar
(former CITES Secretariat), Ann Panoho (Wildlife
Enforcement Group, NZ).
Chapter 8 (Wood-based products): James Hewitt.
Peer reviewers: William B. Magrath (World Bank),
Jeremy Broadhead (FAO), UNEP Regional Ofce
for Asia and the Pacifc (Bangkok).
Chapter 9 (e-waste): Environmental Investigation
Agency (EIA). Peer reviewers: UNEP DITE IETC
Japan; UNEP Geneva; UNEP Regional Ofce
for Asia and the Pacifc Compliance Assistance
Programme (Bangkok).
Chapter 10 (ODS): EIA. Peer reviewers: UNEP
DITE IETC Japan; UNEP Geneva; UNEP Regional
Ofce for Asia and the Pacifc Compliance
Assistance Programme (Bangkok).
Chapter 11 (Counterfeit Goods): Daniel Schwartz.
Chapter 12 (Fraudulent Medicines): Daniel
Schwartz.
EXPLANATORY NOTES
Te boundaries and names shown and the
designations used on maps do not imply ofcial
endorsement or acceptance by the United Nations.
Te designations employed and the presentation of
the material in this publication do not imply the
expression of any opinion whatsoever on the part of
the Secretariat of the United Nations concerning the
legal status of any country, territory, city or area or of
its authorities, or concerning the delimitation of its
frontiers or boundaries.
Countries and areas are referred to by the names that
were in ofcial use at the time the relevant data were
collected.
Since there is some scientifc and legal ambiguity
about the distinctions between drug use, drug
misuse and drug abuse, the neutral terms drug
use and drug consumption are used in this report.
References to dollars ($) are to United States dollars,
unless otherwise stated.
All references to tons are to metric tons (also
represented at mt), unless otherwise stated.
DISCLAIMERS
Tis report has not been formally edited.
Tis publication may be reproduced in whole or in
part and in any form for educational or non-prof-
it purposes without special permission from the
copyright holder, provided acknowledgement of the
source is made. UNODC would appreciate receiv-
ing a copy of any publication that uses this publica-
tion as a source.
Te content of this publication does not necessarily
refect the views or policies of UNODC, Member
States, or contributory organizations, nor does it
imply any endorsement.
Te designations employed and the presentation of
the material in this publication do not imply the
expression of any opinion whatsoever on the part of
the Secretariat of the United Nations concerning the
legal status of any country, territory, city or area or of
its authorities, or concerning the delimitation of its
frontiers or boundaries.
Table of Contents
Abbreviations.................................................................................................................................................i
Executive Summary....................................................................................................................................iii
Introduction: Fighting transnational organized crime........................................................................1
The flows
1. Smuggling of migrants and labour trafcking within the Greater Mekong Sub-Region..................................5
2. Trafcking of women and girls for sexual exploitation within the Greater Mekong Sub-Region...................15
3. Migrant smuggling from East and Southeast Asia to the United States and the European Union.................25
4. Migrant smuggling from South and West Asia through Southeast Asia to Australia and Canada..................37
5. Trafcking of opiates from Myanmar and Afghanistan into East Asia and the Pacifc...................................49
6. Trafcking of methamphetamines from Myanmar and China to the region.................................................59
7. Te illegal wildlife trade in East Asia and the Pacifc....................................................................................75
8. Illicit trade in wood-based products from the region to the world................................................................87
9. Illicit trade in electrical and electronic waste (e-waste) from the world to the region..................................101
10. Illicit trade in ozone-depleting substances (ODS) from East Asia to the world..........................................113
11. Counterfeit consumer goods from East Asia to the United States and the European Union.......................121
12. Fraudulent essential medicines from East Asia to Southeast Asia and Africa...............................................129
Key issues and implications for response...........................................................................................139
Bibliography..............................................................................................................................................155

i
Abbreviations

AA Acetic anhydride (precursor for manufacture of heroin)
ACC Australian Crime Commission
ACTA Anti-Counterfeiting Trade Agreement
ADB Asian Development Bank
ADEC Asia-Pacifc Operational Drug Enforcement Conference
AFP Australian Federal Police
AML/CFT Anti Money-Laundering / Counter Financing of Terrorism
APG Asia-Pacifc Group on Money Laundering
ARCM Asian Research Center on Migration
ARQ Annual Reports Questionnaire
ASEAN Association of Southeast Asian Nations.
ATS Amphetamine-type Stimulants
BMI Business Monitor International
bn Billions
CBSA Canada Border Services Agency
CCDAC Central Committee for Drug Abuse Control of Myanmar
CFCs Chlorofourocarbons
CITES Convention on International Trade in Endangered Species
COMMIT Coordinated Mekong Ministerial Initiative Against Trafcking
CRTs Cathode Ray Tubes
DAINAP Drug Abuse Information Network for Asia and the Pacifc
DIAC Australian Department of Immigration and Citizenship
EC European Commission
ECPAT End Child Prostitution, Child Pornography and Trafcking of Children for Sexual
Purposes
ETIS Elephant Trade Information System
EU European Union
e-waste Electrical and electronic waste
FAOSTAT Food and Agriculture Organization Statistics
FATF Financial Action Task Force
GASIM Joint Analysis and Strategy Centre for Illegal Migration
GMS Greater Mekong Subregion
HCFCs Hydrochlorofourocarbons
HIV Human immunodefciency virus
HSTC Human Smuggling and Trafcking Center
IDEC International Drug Enforcement Committee (US supported)
IMA Irregular Maritime Arrivals
INCB International Narcotics Control Board
INSEE Institut National de la Statistique et des tudes conomiques
INTERPOL International Criminal Police Organization
IOM International Organization for Migration
IPR Intellectual property rights
ISPs Internet Service Providers
ITRI Industrial Technology Research Institute
LTTE Liberation Tigers of Tamil Eelam (Tamil Tigers)
Medsafe New Zealand Medicines and Medical Safety Authority
mt Metric ton
NNCC National Narcotics Commission of China
OCO Oceania Customs Organization
ODS Ozone Depleting Substances
ii
OECD Organization for Economic Cooperation and Development
PDEA Philippine Drug Enforcement Agency
PIDC Pacifc Immigration Directors Conference
PSI Pharmaceutical Safety Institute
RCMP Royal Canadian Mounted Police
RIIA Royal Institute of International Afairs, UK
RILO-AP Regional Intelligence Liaison Ofce Asia Pacifc
RFID Radio frequency identifcation
RMP Royal Malaysia Police
RWE Round Wood Equivalent
SACENDU South African Community Epidemiology Network on Drug Use
SMART Synthetics Monitoring: Analyses, Reporting and Trends
TIP Trafcking in Persons
TOC Transnational Organized Crime
TOCTA EAP TOC Treat Assessment in East Asia Pacifc
UKBA United Kingdom Border Agency
UNCAC United Nations Convention Against Corruption
UNCOMTRADE United Nations Commodity Trade Statistics Database
UNCTAD United Nations Conference on Trade and Development
UNDP United Nations Development Programme
UNEP United Nations Environmental Programme
UNHCR United Nations High Commissioner for Refugees
UNIAP United Nations Inter-Agency Project on Human Trafcking
USCBP United States Customs and Border Protection
VRS-MSRC Voluntary Reporting System on Migrant Smuggling and Related Conduct
WCO World Customs Organization
WEEE Waste Electrical and Electronic Equipment
WHO World Health Organization
WWF World Wildlife Fund
iii
East Asia and the Pacifc have experienced rapid
economic and social changes during the past few
decades and faced the considerable regulation
challenges these changes create for public authorities.
Tis report takes a look at the manner in which
criminal enterprises have developed alongside
legitimate commerce in recent years. Drawing on
ofcial statistics, academic studies, and interviews
with law enforcement ofcials, it attempts to outline
something about the mechanics of illicit trade:
the how, where, when, who, and why of selected
contraband markets afecting the region. It also
endeavours to give the best reading of the available
data on the size of these markets. Tough the list of
contraband markets discussed is not comprehensive
and it is impossible to quantify the value of these
markets with any precision, these estimates are
ofered to prompt public debate on areas of great
public policy signifcance.
Te mechanics of trafcking are discussed for a non-
exhaustive list of 12 illicit fows, which themselves
are organized under four headings:
1. Human trafcking and smuggling
of migrants
2. Illicit drugs (heroin and methamphetamine)
3. Resources (wildlife, wood products)
and pollution crime (e-waste,
ozone-depleting substances)
4. Products (counterfeit goods,
fraudulent medicines)
,

Four of the 12 illicit fows reviewed involve human

beings. Te frst two concern movement between
the countries of the region, one for general labour
and one for sexual exploitation. Te third concerns
the smuggling of migrants from the region to the
rich countries of the West, and the last focuses on
migrants smuggled through the region from the poor
and conficted countries of South and Southwest Asia.
1. Smuggling of migrants and labour
LruIhckIng wILIIn LIe GreuLer Mekong
Sub-Region
While the crimes of human trafcking and the
smuggling of migrants are distinct, in the Greater
Mekong Sub-Region (GMS), they are closely
interlinked. Away from their home communities
and in their destination countries illegally, smuggled
migrants have little basis to assert their rights as
workers, and what begins as a voluntary journey
towards a better life can descend into exploitation.
Tailand is the regional labour magnet, and
Myanmar in particular has contributed signifcantly
to its labour pool. While formal migration channels
do exist, many migrant labourers prefer to enter
Tailand irregularly, this is because complying
with the legal channels can be expensive and time-
consuming. As a result, many migrants turn to
smugglers to facilitate their entry and help them
fnd work. Many smugglers were irregular migrants
themselves, and most rely on word-of-mouth to
promote their services. For a fee, smugglers help the
migrants cross both ofcial and unofcial borders,
either on foot, by vehicle or boat. Te smugglers
make use of relationships they have built with Tai
employers and brokers to link migrants with jobs.
Te majority of irregular migrants get what they
came for: employment at better wages than they
could have received at home. But sometimes their
vulnerability is exploited and they are forced to work
without pay, under terrible conditions. While all
areas of employment are vulnerable to exploitation,
the fshing and seafood processing industries have
garnered much recent attention.
Executive Summary
iv
1 C C 1 A L A
UNODC has estimated that just over half a million
migrants are smuggled into Tailand annually,
with the vast majority coming from Myanmar. Te
amount paid for smuggling services varies according
to the required services. Migrants from Myanmar
pay the highest fees, while migrants from Lao PDR
and Cambodia pay considerably less. It appears
that around US$192 million is generated on an
annual basis by smuggling migrants from these
three countries into Tailand. Calculating the share
of these migrants who are subsequently trafcked
is challenging, and is estimated at around 26,400
victims per year, or around 5% of the smuggled
migrants. Te amount of labour stolen from these
victims averages US$1,260 per year, resulting in a
sum of US$33 million per year generated for their
exploiters.
z. TruIhckIng oI women und gIrIs Ior
sexuuI expIoILuLIon wILIIn LIe GreuLer
Mekong Sub-regIon
Te sex markets of the Greater Mekong Sub-region
are based on both high levels of sex tourism and
strong domestic demand. Sex tourism from the
West is the best documented, but Asian sex tourists
appear to be more numerous. Te illicit market in
Tailand is probably the best known internationally,
but markets in other countries, such as Cambodia,
are expanding. If only a small minority of the sex
workers are trafcked, there are still a large number
of victims, given the sheer size of the industry.
Tailand alone contains as many as 250,000 sex
workers, according to Ministry of Health estimates.
Many of the victims are irregular migrants from the
poorer countries who fall into sex work with varying
degrees of volition. Trafckers control migrant sex
workers through debt bondage accumulated from the
cost of smuggling. Remarkably, though, it appears
a small number of sex workers in Cambodia are
trafcked from the relatively afuent Viet Nam, a
result of a longstanding association between sex work
and Cambodias ethnic Vietnamese minority. Both
sex tourists and local consumers provide demand for
underage victims, and this may be one of the driving
forces behind the trafcking.
Given the gaps in the data, the estimates of the
number of victims of trafcking in Tailand from
neighbouring countries (approximately 3,750) and in
Cambodia (approximately 275) should be considered
tentative, and demonstrative only of the order of
magnitude of the problem. Te income generated
by these 4,025 foreign victims of trafcking
in Cambodia and Tailand is approximately
US$45,000 per victim per year, or about US$181
million in gross revenues for their trafckers.
. MIgrunL smuggIIng Irom EusL und
Southeast Asia to the United States and
the European Union
International labour migration is a longstanding
tradition for many East Asian populations, of whom
the Chinese are the most numerous. Te Vietnamese
diaspora is also extensive, and fows from both
these countries appear to have increased since the
1980s. Most of this migration is legal, but those
who choose to migrate illegally are highly likely to
use smugglers, due to the distances involved and
language difculties. Te main destinations for
Chinese migrants, who are mostly from the more
afuent, eastern provinces of China, are the United
States, France, Germany, Italy, Spain and the United
Kingdom. Te majority of Vietnamese smuggled
migrants are from the northern provinces, and tend
to choose the United States, United Kingdom,
France and Germany as preferred destinations.
While sea routes are still used, today most smuggled
Chinese and Vietnamese migrants fy as close as
possible to their destinations, landing in countries
without visa requirements or where entry controls
are weak, and then move clandestinely the rest
of the way overland. Many use routes through
Central America to reach the US-Mexico border.
European authorities report that the majority of
smuggled Chinese nationals enter by air, and use
Eastern Europe as the transit region of choice, with
183.1
4.7 4.3
0
20
40
60
80
100
120
140
160
180
200
Myanmar Cambodia Lao PDR
U
S
$
m
i
l
l
i
o
n
s
Breakdown of income generated by smuggling
migrants into Tailand annually
S unCuC
v
Executive Summary
a combination of genuine and
fraudulent documentation.
Transit through Africa is growing.
Visa and marriage fraud is also
popular with Chinese smugglers.
Chinese and Vietnamese
smuggling networks are known to
outsource travel through transit
countries, as well as entry into
destination countries, to locally-
based networks, and occasionally
there is collusion between
Chinese and Vietnamese migrant
smuggling networks. Chinese
networks are male-dominated,
but women are also involved.
Less is known about Vietnamese
smuggling networks, although
they are well-established throughout Europe.
While not all irregular Chinese and Vietnamese
migrants are smuggled, most are. It is estimated
that approximately 12,000 Chinese irregular
migrants enter the US every year, each paying
around US$50,000 for smuggling services. Tis
would generate up to US$600 million a year for
smugglers. Te number of Vietnamese smuggled
into the US is much lower, likely fewer than 1,000
individuals. If they pay the same fees as the Chinese,
this would result in payments to smugglers being
worth US$50 million a year. Smuggling fees for
Chinese irregular migrants wishing to enter the
European Union are lower, averaging around
US$17,000. UNODC estimates that up to 36,000
Chinese irregular migrants use smuggling services
to reach the EU on an annual basis, which would
generate up to US$600 million a year. Roughly half
as many Vietnamese irregular migrants are detected
as Chinese in the EU, suggesting a fow of about
18,000 per year. Again, if paying the same price
as the Chinese for smuggling services, this would
provide an income of US$300 million for smugglers
each year.
q. MIgrunL smuggIIng Irom SouLI und
West Asia through Southeast Asia to
Australia and Canada
Te dynamics behind the smuggling of migrants
from West and South Asia are complex, as a large
proportion of these smuggled migrants are either
refugees or intend to claim asylum upon reaching
their destination. Te focus of this chapter is on the
smuggling of migrants from these regions, through
Southeast Asia, to enter Australia or Canada by sea.
Both these countries host large diaspora communities
and this, along with the strong social supports they
ofer, makes them attractive destination countries for
asylum seekers. Most of these smuggled migrants are
young, single males, many of who have been sent by
their families to put down new roots so that they can
can follow.
Most are smuggled by air from their home countries
to transit countries from which they continue
onward. Once pooled in the departure location,
many of the migrants wait weeks or months to
board the boats, which are often in poor condition;
several have sunk before reaching Australian
territory. Indonesia is the main departure country
for smuggled migrants hoping to reach Australia
by boat, given its proximity to the territories of
Christmas Island and Ashmore Reef. While Canada
is a secondary destination for asylum seekers from
South and West Asia, it is the destination of choice
for those from Sri Lanka. Most smuggled migrants
reach Canada by air, but boat arrivals have increased
in recent years, including notable cases in 2009-
2011.
Most of the migrant smuggling networks are small
or medium-sized, involving a range of intermediaries
located throughout the departure, transit and
destination countries. Most have a hierarchical
structure, many share ethnic backgrounds with the
Quarterly asylum claims submitted in selected industrialized regions,
2009 2011
Source: UNHCR 2012
0
20,000
40,000
60,000
80,000
100,000
2009
Q1
2009
Q2
2009
Q3
2009
Q4
2010
Q1
2010
Q2
2010
Q3
2010
Q4
2011
Q1
2011
Q2
2011
Q3
2011
Q4
Australia/NZ Canada/United States
Europe Total European Union (27)
vi
1 C C 1 A L A
migrants. Tey may outsource certain services in
transit countries to locals in those countries. Female
smugglers are preferred, as they attract less attention
from law enforcement. Te smuggling networks
involved in bringing migrants to Canada from Sri
Lanka are closely linked to the Liberation Tigers of
Tamil Eelam (LTTE).
Tere are an average of 6,000 smuggled migrants
who attempt to reach Australia by sea every year,
most of which pay around US$14,000 for smuggling
services. Tis generates an income for smugglers
of US$85 million annually. If we take the 492
smuggled migrants that arrived in Canada on the
MV Sun Sea in 2010 as an average for annual arrivals,
and multiply by the reported US$25,000 fee, these
operations would generate US$12.3 million a year
for the smugglers.

Te production and use of opiates has a long history

in the region, but the main opiate problem in the
21st century involves the more refned form of the
drug: heroin. In addition, methamphetamine has
been a threat in parts of East Asia for decades (in the
form of yaba tablets), but crystal methamphetamine
has recently grown greatly in popularity. Virtually
every country in the region has some crystal
methamphetamine users, and some populations
consume at very high levels.
. TruIhckIng oI opIuLes Irom Myunmur
and Afghanistan into East Asia and the
PucIhc
Heroin consumption is rising in the region, with an
estimated 3.3 million users at present. Today, most
of the regional heroin production is confned to
politically-contested parts of Myanmar. Almost all of
the heroin produced in Southeast Asia is consumed
in East Asia and the Pacifc. It is rarely encountered
outside the region.
Since the majority of regional heroin users reside in
China, the most signifcant fow of heroin proceeds
directly across the border between Myanmars Shan
State and the Chinese province of Yunnan. Most
of this is trafcked across the border by individual
couriers, many from ethnic groups that straddle
the border. From China, a signifcant amount
of heroin is re-exported to the rest of the region,
predominantly through Yunnans capital, Kunming.
Te contraband trafc between China and Myanmar
fows both ways, as China is a major producer of the
precursor chemicals needed to produce heroin.
Since heroin from Myanmar is no longer sufcient
to meet regional demand, large volumes are
imported from Afghanistan. Te trafcking of
Afghan heroin into the region is more complicated,
as the drug travels by land, sea and air through a
variety of transit countries. Te Xianjiang Uyghur
Autonomous region is the main distribution hub for
Afghan heroin crossing into western China, while
Guangzhou is the major distribution hub for Afghan
heroin nationally and for export into Southeast Asia.
As Afghan heroin has become more important to
local markets, Nigerian and Pakistani groups have
entered the market. Malaysia is frequently used
as a hub to redistribute the drug to the rest of the
region. International drug syndicates have recruited
Cambodian, Indonesia and Tai nationals to
smuggle the heroin, mostly by air.
Tere is a lack of reliable data on the prevalence
of heroin use in the region, and little is known
about how much users consume. Based on the best
reading of the available data, regional consumption
is estimated at 65 tons of pure heroin in 2011.
Available data on prices and purity suggest a retail
sales volume of about US$16.3 billion in 2011.
6. TruIhckIng oI meLIumpIeLumInes Irom
Myunmur und CIInu Lo LIe regIon
Consumption of pill-form methamphetamine
(yaba) remains very popular in Southeast Asia,
particularly Tailand. Much of the worlds yaba is
National estimates of the number of heroin users
in 2010
S unCuC
l 1 C P k C M
C
China*, 2,366,000
Indonesia, 247,000
Malaysia, 170,000
Viet Nam, 155,000
Myanmar, 100,000
Rep. Korea, 60,000
Thailand, 48,000 Japan, 41,000 Australia, 30,000
Others, 52,000
vii
Executive Summary
produced in Myanmars Shan State, as well as in
China. Crystal methamphetamine, a more potent
and addictive form of the drug, has spread to every
country in the region. China is probably the largest
producer, but large labs have also been detected in
Indonesia and the Philippines. Use of crystal meth
in Oceania and the Greater Mekong Sub-region
is the highest in the world, and in parts of China,
methamphetamine has begun to displace heroin
as the most problematic drug of abuse. Increasing
methamphetamine use is also of concern in the
Pacifc Islands, which do not have the resources to
combat the problem. Many of the Pacifc Islands are
also used as transhipment hubs, but production has
been noted in Fiji, Guam and French Polynesia.
China and Myanmar stand out as producers for
export. In Myanmar, methamphetamine production
is strongly associated with non-state armed groups,
which are actively participating in the manufacture
and trans-border smuggling of the drug. As
Myanmar has no domestic pharmaceuticals industry,
all the precursor chemicals required are diverted
from neighbouring countries. In China, most
production is consumed domestically, but both Japan
and the Republic of Korea say that most of their
methamphetamine comes from China.
A wide range of players are involved in the domestic
and transnational methamphetamine markets,
including professional criminals, high-ranking
ofcials and military personnel in several countries.
Ethnic Chinese networks have been complicit in
methamphetamine markets inside Myanmar, as
well as in Indonesia, Malaysia and the Philippines.
Nigerian and Iranian criminal networks also feature
prominently in methamphetamine markets in East
Asia and the Pacifc.
Te yaba market is largely confned to the Greater
Mekong Sub-region. Based on seizure and survey
data, an estimated 1.4 billion yaba pills are consumed
annually. Using local prices, this market generates
US$8.5 billion each year. Calculating volume and
value of the crystal methamphetamine market
is trickier, given the large numbers of countries
producing and consuming the drug. Te estimated
number of users in East Asia and the Pacifc is
around fve million, with China and the Philippines
accounting for much of this total. Based on street
prices in the region, the crystal methamphetamine
market is worth US$6.5 billion. Taking yaba and
crystal together, the methamphetamine market in
East Asia and the Pacifc generated around US$15
billion in 2010.
Z
Resource-related crimes include those related to both
extractive industries, such as the illegal harvesting
of wildlife and timber, and other crimes that have
a negative impact on the environment, such as the
dumping of e-waste and the trade in ozone-depleting
substances. In all cases, the threat goes beyond
borders, jeopardizing the global environmental
heritage. Tese are therefore crimes of inherent
international signifcance, though they are frequently
dealt with lightly under local legislation.
7. The illegal wildlife trade in East Asia
und LIe PucIhc
In East Asia, population growth and
burgeoning afuence have led to rising
demand for exotic and luxury products,
including wildlife products. China is
both the regions largest economy and
the largest consumer market for wildlife,
imported for food, traditional medicinal
ingredients, the pet trade, and exotic
dcor. A wide range of animal and plant
products are imported, including those
derived from protected species of bear,
pangolin, reptiles, turtles, sharks, corals,
aquarium fsh, and other marine wildlife.
Each of these products has a diferent
trading chain, which may include
domestic and international specialists
Share of the adult population that used methamphetamine
in 2010
S unCuC u u
2.71
2.13 2.10 2.10
1.58
1.40 1.39
1.35 1.32
1.16
0.60 0.60
0.55
0.35
0.25 0.22 0.22 0.2 0.18
0.12
0.00
0.50
1.00
1.50
2.00
2.50
3.00
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viii
1 C C 1 A L A
involved in the storing, handling, transporting,
manufacturing, marketing and retailing of wildlife.
A number of techniques can be used to facilitate
import, including the use of fraudulent paperwork
and the mixing of protected species and lookalike
species. Wildlife may also be laundered though
exotic farms, zoos, and greenhouses species
harvested from the wild may be passed of as captive-
bred.
Across Southeast Asia, illegal wildlife is often openly
sold in otherwise legal market contexts. Prominent
markets exist in Indonesia and the Philippines,
while international border crossings between China
and Tailand also function as wildlife markets. Te
growth of internet commerce has facilitated illicit
trade in wildlife products.
Given the number of species involved, it is almost
impossible to come up with a clear estimate of the
volume or value of the wildlife traded. It is apparent,
however, that the trade in lesser-known animals
such as pangolins is far greater in scale than that
of large, emblematic species like tigers or rhinos.
Te largest black market in wildlife products in the
region appears to be that of marine wildlife, which
is estimated to generate US$850 million per year. In
total, the regional value for the illicit wildlife trade,
which includes wildlife that is traded clandestinely
or deceptively, is conservatively estimated at US$2.5
billion a year (excluding illegal timber and of-shore
fshing).
8. Illicit trade in wood-based products
from the region to the world
Te majority of the illegal trade in wood-based
products is carried out in parallel with the legal
market, by formal business enterprises operating
through fraudulent methods. Te illegal trade in
wood-based products difers signifcantly from
some other forms of trafcking in illicit goods, as
consumers remain largely unaware of the illegal
origins of what they are buying.
Illegal wood-based products originate largely in
Southeast Asia, mainly Indonesia and Malaysia.
Some move directly to consumer countries, while
others are processed within the region, mainly in
China and Viet Nam, before being exported. Illegal
logging is rarely done through shadowy chainsaw
gangs. Most often, the logging is conducted
by companies with a public face, often with
international shareholders. Te logging becomes
illegal when the permits are acquired through
bribery, or where protected species are involved,
or where the harvesting takes place outside agreed
concessions. Te production and trade of illegal pulp
and paper has also been allegedly associated with a
wide range of illegalities.
Ofcial corruption plays a central role in the supply
of illegal wood-based products from East Asia and
the Pacifc to consumer markets. As a result, very
little illicit wood or wood-based products are seized.
Based on ofcial bilateral trade fow statistics, it is
estimated that the value of illegal trade from and
within the region in wood-based products is around
US$17 billion. Tis suggests that 30-40% of the
total quantity and export value of wood-based
products exported from the region in 2010 derived
from illegal sources.
9. Illicit trade in electrical and electronic
waste (e-waste) from the world to the
region
Electrical and electronic waste is the fastest growing
waste stream in the world, a consequence of rapid
turnover of electronic devices, particularly in the
European Union, Japan and the United States.
E-waste is often diverted to the black market to
avoid the costs associated with legitimate recycling.
Additional revenues are gained through the recovery,
mostly by environmentally-unsound means, of
valuable metals from electronic components. Te
informal recycling of illicit e-waste poses a serious
threat to public health, as plastic is burned, lead
leaches out into soil, and other toxins are released
into the environment.
Exports of illegal wood-based products within and
from East Asia and the Pacifc
S unCuC
China, $7bn
Indonesia, $6bn
Malaysia,
$1.3bn
Myanmar,
$600m
Viet Nam,
$700m
Papua New
Guinea and
Solomon
Islands, $800m
Rest of ASEAN,
$500m
Total = US$17 billion
ix
Executive Summary
China is the main dumping ground for e-waste in
the region, while Indonesia, Tailand and Viet Nam
are secondary centres for the trade. Hong Kong
(China) and northern Viet Nam are key transit
hubs for e-waste shipments. Te most common
smuggling methods include concealment and mis-
declaration. In China, most of the e-waste ends up
in Guangdong, where it enters the informal recycling
sector. Te products recovered from the recycling
process are sold to the manufacturing sector through
broker networks and waste traders.
Approximately eight million tons of e-waste are
smuggled into China every year. For the region, this
value could be rounded to ten million tons a year.
At a value of around US$375 per ton, this market is
worth US$3.75 billion in East Asia.
10. Illicit trade in ozone-depleting
substances (ODS) from East Asia to the
world
Ozone-depleting substances are principally CFCs
and HCFCs, which are mainly used for refrigeration
and air-conditioning. Te manufacture of these
products is being gradually phased out under the
Montreal Protocol (1987). Te Protocol sets out
difering phase-out schedules between developed
and developing countries, opening the door to the
emergence of a black market in ODS. Te illegal
trade involves brokers diverting ODS produced
in countries with longer phase-out schedules onto
markets where ODS are more strictly regulated but
where demand remains steady. A licensing system
was put in place by the Montreal Protocol, which has
been useful in identifying companies that are trying
to import ODS without a license, but this system
does not capture mislabelled imports.
Production and consumption of ODS still occurs in
East Asia and the Pacifc. China is the single largest
source of contraband ODS, while Indonesia, the
Philippines and Tailand (as well as the Middle
East) have been the main destinations since 2005.
Most seizures that have occurred have involved
consignments of ODS packaged in disposable
cylinders. Most importers of illicit ODS have
legitimate refrigeration businesses. It is estimated
that 3,660 tons of illegal ODS fow from and within
East Asia on an annual basis, worth an estimated
US$67.7 million per year.

Te trade in counterfeit goods is often perceived

as a soft form of crime, but can have dangerous
consequences for public health and safety. Fraudulent
medicines in particular pose a threat to public health,
and their use can foster the growth of treatment-
resistant pathogens.
11. Counterfeit consumer goods from
East Asia to the United States and the
European Union
China has become the worlds workshop, producing
a signifcant share of the worlds manufactured goods.
It also produces a large share of the counterfeits:
according to the World Customs Organization,
75% of the counterfeit products seized worldwide
from 2008 to 2010 were manufactured in East Asia,
primarily China.
While dedicated counterfeit factories have been
detected in large numbers, production is often
decentralized, making use of networks of specialists.
Te key players in counterfeit markets are brokers
and logisticians who connect supply and demand.
Following production, the counterfeit goods
are concealed, frequently through false customs
declarations or disguised with lesser-known logos.
Circuitous routes are used to transport the goods,
often through free-trade zones. Te primary modes
of transport are through direct post to the consumer,
or through containerized shipment of larger volumes.
In both the US and the EU, maritime shipments
comprise the bulk of the value of counterfeits seized.
Upon arrival at the destination, ethnic networks are
often important for receipt and distribution of the
goods. Expatriates from South Asia, East Asia and
West Africa are particularly key, notably in street
distribution.
Te OECD has concluded that counterfeiting
accounts for around 2% of world trade. Applying
this rate to the value of goods imported from East
Asia to the US and the EU in 2010 suggests a fow
worth some US$24.4 billion.
12. Fraudulent essential medicines from
East Asia to Southeast Asia and Africa
Forensic testing has shown that the prevalence
of fraudulent medicines is much higher in poor
x
1 C C 1 A L A
countries than in rich ones, with some of the highest
rates being detected in Africa and Southeast Asia.
For example, a recent literature review suggests
that between one-third and nine-tenths of the
anti-malarial medications tested in Southeast Asia
in recent years were found to be false. Similarly,
between 12% and 82% of anti-malarial drugs tested
in Africa have failed chemical assay analysis. Te
low value of these pharmaceutical markets suggests
that trafcking in fraudulent medicines is a crime of
opportunism.
At present, the largest sources of fraudulent
medicines appear to be India and China, with
China being the departure point of nearly 60% of
the counterfeit medical products seized worldwide
between 2008 and 2010. Te World Health
Organization reports that the manufacturing of
fraudulent medicines is often a small-scale cottage
industry, but mainstream pharmaceutical companies
can also produce fraudulent medicines. Te fraud can
be introduced at any point in the supply chain, often
without the knowledge of the other participants. It
is not uncommon for counterfeit ingredients to be
sent from China to Southeast Asia for production
and packaging. As law enforcement and regulatory
pressure has increased within China, key aspects
of production may be moving elsewhere, to the
Democratic Peoples Republic of Korea, Myanmar
and Viet Nam. Once the product is fnished, it may
cross many borders before being consumed. As with
counterfeit goods, the free-trade zones of the Middle
East have emerged as key transhipment points.
Based on a series of forensic studies, an average
of 47% of the anti-malarial medicines tested in
Southeast Asia was found to be fraudulent. If this
rate of fraud were applied to regional pharmaceutical
sales, which amounted to US$8 billion in 2010,
around US$4 billion in fraudulent drugs were sold
that year. Figures for Africa are similar, and if 60%
of these drugs originated in China, this suggests a
combined fow to these two regions of about US$5
billion in 2010.

Based on an analysis of these fows, the study

concludes with 48 recommendations on how the
problems can be addressed, summarized under four
imperatives:
1) Understand the problem
2) Establish a normative framework
3) Build technical capacity
4) Expand regional partnerships
Tis report represents our best efort to understand
TOC in the region and aims to contribute to
policy and programme development. It is vital
to integrate national responses into international
strategies in order to efectively combat TOC in the
region. Te United Nations Convention against
Transnational Organized Crime and its Protocols,
and the Convention against Corruption, provide
useful platforms for the establishment of a normative
framework to guide eforts towards capacity building
and expanding regional partnerships.
Top fve origins of counterfeit medicines detected
S S l
196
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100
150
200
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China India Paraguay Pakistan UK
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1
Introduction:
Fighting Transnational Organized Crime
Tis report is one of a series of transnational
organized crime threat assessments UNODC
has carried out in the framework of its regional
programme approach. Like the rest of the world, East
Asia and the Pacifc has experienced rapid economic
and social change during the past few decades
andfaces considerable regulatory challenges posed
by this change. Tis report reviews the manner in
which criminal enterprises have developed alongside
legitimate commerce in recent years. Drawing on
ofcial statistics, academic studies, and interviews
with law enforcement ofcials, it attempts to outline
the mechanics of trade: the how, where, when, who,
and why of the contraband markets afecting the
region. It also endeavours to give the best reading
of the available data on the size of selected markets.
Tough the list of contraband markets discussed is
not comprehensive and it is impossible to quantify
the value of these markets with any precision, these
estimates are ofered to prompt public debate on areas
of great public policy signifcance.
The structure of this threat assessment
Tis threat assessment profles transnational
organized crime in the East Asia - Pacifc (EAP)
region, covering the following contraband fows:
People
x Smuggling of migrants and labour trafcking
within the Greater Mekong Sub-Region
x Trafcking of women and girls for sexual
exploitation within the Greater Mekong Sub-
Region
x Migrant smuggling from East and Southeast Asia
to the United States and the European Union
x Migrant smuggling from South and West Asia
through Southeast Asia to Australia and Canada
Drugs
x Trafcking of opiates from Myanmar and
Afghanistan into East Asia and the Pacifc
x Trafcking of methamphetamines from
Myanmar and China to the region
Environment
x Te illegal wildlife trade in East Asia and the
Pacifc
x Illicit trade in wood-based products from the
region to the world
x Illicit trade in electrical and electronic waste
(e-waste) from the world to the region
x Illicit trade in ozone-depleting substances (ODS)
from East Asia to the world
Goods
x Counterfeit consumer goods from East Asia to
the United States and the European Union
x Fraudulent essential medicines from East Asia to
Southeast Asia and Africa
Te discussion includes estimates of the revenues
generated in selected illicit markets in East Asia and
the Pacifc, which, taken together, have a combined
annual income of nearly US$ 90 billion. Tis
corresponds to twice the GDP of Myanmar, eight
times that of Cambodia, and 13 times that of Lao
PDR. Te graph below depicts the fow values that
have been calculated on the basis of the information
available.
Criminal organizations still proft signifcantly
through the trafcking of illicit drugs, in the form
of heroin and ATS, but these account for only
one-third of the total value of illicit fows reviewed
in East Asia and Pacifc. Another one-third of
the value is represented by counterfeit goods and
fraudulent medicines. Te second largest illicit fow
in the region is the trafcking of wood and wood
2
TrunsnuLIonuI OrgunIzed CrIme TIreuL AssessmenL - EusL AsIu und LIe PucIhc
products. Tese illicit markets are diverse, dynamic,
and innovative. Te high degree of concentration on
illicit drugs in the region should be broadened.
Te value of the fows should not be the sole basis for
prioritization in combating transnational organized
crime. In terms of the dollar value, for example,
human trafcking and migrant smuggling are
quite small, but the damage done to the victims is
immense. Human trafcking and migrant smuggling
are still a high proft-low risk crimes where
conviction rates are far too low. Eforts to solve these
problems must be embedded in a wider migration
and development policy framework. Te region
needs a coordinated policy for law enforcement
action against migrant smuggling. Uncoordinated
law enforcement measures may simply divert routes
elsewhere and increase the demand for high-risk
smuggling services.
Te trade of counterfeit goods is often perceived
as a soft form of crime, a matter of violating trade
regulations seen by many as unfair. Tis trade can,
however, produce some very concrete negative
outcomes for the region and the world, including:
x the circulation of dangerous goods for sale;
x the perpetuation of exploitative working
conditions;
x the loss of government revenues;
x the promotion of corruption;
x in the case of fraudulent medicine, the
cultivation of treatment-resistant microbial
strains of disease.
As the largest value contraband fow reviewed, the
couterfeit goods market deserves renewed attention
from the region.
Tis report also illustrates that environmental
crimes are among the most serious and proftable
forms of transnational organized crime in East Asia
and the Pacifc. Many countries in the region are
richer in natural resources than they are in their
capacity to protect them. Growing local demand, as
well as growing export markets, have placed great
strain on resources unique to the region. Criminal
opportunists have placed the global environmental
heritage in jeopardy.
The response
Leaders of the Association of Southeast Asian
Nations (ASEAN), at the 12th ASEAN Summit in
2007, reiterated their commitment to establish an
ASEAN Economic Community (AEC) by the year
2015. Te AEC will create a single regional common
market of more than 600 million persons and will
facilitate the free fow of goods, services, investment,
capital and labour.
Transnational Organized Crime Flows in East Asia and the Pacifc discussed in this report
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
3
Introduction
However, regional integration under the AEC will
doubtless also make possible the increased mobility
of illicit goods, including drugs, illicit wildlife and
timber, and counterfeit products. Te ASEAN region
continues to be one of the most rapidly developing
parts of the planet. And while the AEC will bring
positive and welcome changes and provide the region
with an unrivaled access to knowledge and the power
to communicate, it will simultaneously provide
opportunities for transnational organized crime to
expand.
Already, several ASEAN governments have given
priority to upgrading cross-border infrastructure
links, in particular the Singapore-Kunming Rail Link
as well as a number of road networks that include the
North-South corridor from southern China through
Myanmar, Tailand and Lao PDR to Viet Nam; the
East-West corridor linking Myanmar, Tailand, Lao
PDR and Viet Nam; and the South-South corridor
linking proposed and existing deep sea ports in
Cambodia, Tailand and Myanmar. Under the AEC,
trade and customs procedures along these routes will
be harmonized, standardized and simplifed.
It is inevitable that organized criminal groups will
utilize the improved transportation connections and
take advantage of the streamlined border controls
to smuggle illicit goods throughout the region and
beyond.
Te nations of East Asia and the Pacifc have
expressed their resolve to oppose transnational
organized crime.
Success in reducing the threat posed by TOC to
human security will require more than political
will alone, however. It will require concrete action.
Te action needed can be expressed under four
imperatives:
1. Understand the problem
In order to adequately protect societies from these
threats, we have to frst measure the ability of
transnational organized crime to undermine political
and social stability and economic development. We
need to understand the nature and dimensions of
the threat, and this is no easy task. Information on
organized crime is often limited to anecdotes and
case studies. Tere are very few global data sets on
organized crime topics. None are comprehensive.
Te topic is sensitive. In addition, international
data-sharing has been slow to develop particularly
when it comes to estimating the size of the problem
among markets that are extremely dynamic. Te
information that does exist is often out-of-date and
frequently contradictory. Any assessment is likely to
be controversial.
Tis report therefore represents the best assessment
of the available data. Te analysis, however, can only
be as strong as the information on which it is based.
Tis publication is ofered in part to precipitate the
collection and sharing of better data on organized
crime topics.
2. Establish the normative framework
International norms and conventions are required to
set the stage for a response. During the past decade,
the Convention against Transnational Organized
Crime and the Convention against Corruption
have delivered this framework, and it is increasingly
being used to set the legislative and regulatory basis
at country level for countering these problems. Tis
must continue and expanded to create a consensus,
across society, that crime and corruption will be
resisted by both civil society and national authorities.
3. Build technical capacity
Countries must equip themselves to respond. Tis
response needs to come at both the upstream and
downstream levels. At the upstream level, national
security strategies need to incorporate an assessment
of the threats posed by transnational organized
crime. Tis assessment may place crime on the
priority list of national security threats.
Most of the eforts to counter transnational
organized crime are already focused downstream,
at the tactical or technical level. Tis must
continue, in order to ensure that law enforcement,
prosecutors and the judicial establishment are
trained and equipped to meet the challenge. Specifc
recommendations on how technical capacity can be
built are included in the conclusion of this report.
4. Expand regional partnerships
In our globalizing world, none of the former three
will succeed if we do not have a fourth the response
beyond borders. At present, most contraband fows
begin on one continent and end on another. Often
the activities are cycled through a third continent.
Globalization permits trafcking groups to operate
seamlessly across borders. High-volume, cross-border
fows of people, money and commodities create
4
TrunsnuLIonuI OrgunIzed CrIme TIreuL AssessmenL - EusL AsIu und LIe PucIhc
greater opportunities for criminals to make money.
Tere are simply more people and situations to
exploit.
For this reason, only interventions that are made
at the scale of the problem at a regional or global
level are likely to have any chance of succeeding.
Unfortunately, law enforcement is inherently
national in character.
It is therefore necessary to integrate national
responses into international strategies. Tis can be
done by promoting partnerships across borders and
developing international networks that champion
transnational organized justice. Tis includes
promoting regional collaborative eforts on border
control, mutual legal assistance, extradition and
similar eforts that require a vision that transcends
national boundaries. Tis will help minimize the
growth of safe havens for transnational organized
crime. As has been stated repeatedly: It takes a
network to defeat a network.
5
Chapter 1
Smuggling of migrants and labour
LruIhckIng wILIIn LIe GreuLer Mekong Sub-
Region
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
6
1 C C 1 A L A
Human trafcking:
1. Slave-like conditions: human
beings treated as disposable commodities
immense often hideous emotional,
psychological and physical damage done to
victims.
2. Forms of control: sexual exploitation;
domestic servitude; forced marriage; forced
labour (especially in construction and fshing
industry); debt bondage; imprisonment;
violence and torture; child begging.
Migrant smuggling:
1. Deadly risks and loss of human
life smuggled migrants are exposed to
deadly risks, including loss of life, en route
to destination. Tousands of migrants
die each year during the process of illegal
migration.
2. Human rights abuses irregular
status of migrants creates vulnerabilities to
discrimination, exploitation, and trafcking
in persons. Smuggled migrants often end
up with dangerous jobs. Tey are often
excluded from health, education and other
social welfare provisions.
3. Economic impact the illegal
economy creates unfair competition, and
undermines wages and social protection, loss
of legitimate tax revenue for governments.
4. Treat to state security migrant
smuggling is a high-proft / low-risk crime.
It empowers criminals and undermines state
security due to links with organized crime,
violence, and corruption. People cross
borders without the host states consent and
knowledge.
5. Corruption fuels corruption among
public ofcials.
6. Cost of law enforcement costs
to the state to improve border security
measures, conduct search and rescue
operations (e.g. with maritime smuggling),
and provide protection and assistance.
NATURE OF THE THREAT
7
Chapter 1
Tis chapter deals with two areas of crime usually
regarded as distinct: the trafcking of labourers and
the smuggling of migrants. In common parlance,
the words trafcking and smuggling are often
interchanged, but they are diferent processes. For
this reason, when the international community
designed the UN convention on transnational
organized crime, the need to prohibit two
independent ofences was recognized. Trafcking
defnes conscious acts that lead to and create
situations in which people are forced to work against
their will, while smuggling is the act of assisting
irregular migration, motivated by material or
fnancial gain.
Within the Greater Mekong Subregion, however,
the two ofences are closely interlinked. Away from
their home communities and in their host country
illegally, smuggled migrants have little basis for
asserting their rights as workers, including the basic
right to be paid for their labour. Moreover, what
begins as a voluntary search for a better life can often
descend into exploitation and slavery.
In recent years, East and Southeast Asian economic
growth has pulled millions out of poverty. However,
in some cases, labour conditions can be harsh. What
might be deemed exploitation in some countries
would be considered decent employment in other
parts of this region. Nonetheless, there are basic
standards, lines that should not be crossed, and
although most migrant labourers return to their
families enriched, others are subjected to treatment
that violates basic human rights.
1. What is the nature of the market?
Tailand is a magnet for regional labour. Classed as
an upper middle-income country, it has produced
sustained economic growth for more than two
decades. Rapid growth has come more recently
for Cambodia, Lao PDR, and Myanmar, but they
remain among the 50 least-developed countries in
the world. Since the early 1990s, millions of workers
from the region have migrated to Tailand, fnding
work in the lightly-regulated fshing, seafood,
agriculture, construction, and service industries.
Both men and women migrate, in roughly equal
numbers.
Myanmar, in particular, has contributed signifcantly
to the pool of migrant labourers (see Figure 2). Te
country has sufered from decades of economic
stagnation due to confict, centralized economic
control, and sanctions against the government.
Confict has also directly displaced a great number of
people. Recent migration registration data indicates
that most migrants in Tailand are nationals of
Myanmar.
Other
53%
Agriculture and
farming
19%
Construcon
16%
Household
9%
Fishing
3%
Figure 3: Areas of employment of registered
migrant workers in Tailand from Cambodia,
Lao PDR and Myanmar (2010)
S C l W A u
L M L 1
Figure 1: GNI per capita in 2010
1950
2080
2440
8190
0
1000
2000
3000
4000
5000
6000
7000
8000
9000
Myanmar Cambodia Lao PDR Thailand
U
S

d
o
l
l
a
r
s
S 1 W 8
Myanmar
87%
Cambodia
6%
Lao PDR
7%
Figure 2: Breakdown of registered migrant
workers in Tailand from Cambodia, Lao PDR
and Myanmar (2010)
S C l W A u
L M L 1
8
1 C C 1 A L A
Te desire to migrate is not just about economics.
Among young Lao, for example, a period of
migrant labour is seen as a kind of rite of passage.
1

For Lao, Tailand is a natural destination because
of cultural, social, and linguistic similarities. Tai
media, ubiquitous in Southeast Asia, portrays an
exciting and modern lifestyle, in stark contrast to
the boredom and monotony of rural life. Returning
migrants often faunt the sophistication and wealth
associated with having worked in a relatively rich
society, and longer-term emigrant communities
provide social networks for those looking to spend
time abroad.
Too often, unfortunately, high expectations are met
with disappointment. Migrants can fnd themselves
indebted and in jobs that do not match what
recruiters had promised. In extreme cases, they may
be trafcked, unpaid or deprived of their freedom.
Teir vulnerability to exploitation is rooted in their
irregular status.
Te exact fgure is unknown, but irregular migrants
undoubtedly represent a signifcant percentage of
the Tai labour pool. A 2009 registration process
resulted in 1.3 million applications for regularization,
and one which was ofered 18 months later brought
in another million applicants. Nevertheless, many
irregular migrants remain unregistered, deterred by
a number of reasons (e.g., not being of labour force
age, burdensome procedures and fees associated with
the process, inability to verify nationality).
Although formal recruitment channels exist,
they are relatively new and most migrants
still prefer to enter Tailand irregularly for
several reasons. Tis is because complying
with the law:
takes time, typically delaying earnings
by some three to six months;
is expensive, costing the equivalent of
four to fve months wages;
2
and
is restrictive, because work permits are
valid for just two years and can only
be extended once, after which the
migrant must wait three years before
re-applying.
In addition, formal migration also does not
necessarily guarantee better legal protection or
higher net earnings for migrants. Te high costs
of formal recruitment can place workers in debt
bondage to their employer or recruiter.
3
Although
contracts provide migrants with legal protection, few
understand their rights well enough to assert them.
Just like smugglers, formal recruiters can unwittingly
channel workers to employers who exploit them.
Smuggling, in contrast, is immediate and relatively
cheap, with the cost as low as one-ffth of the
costs of a work permit. Smugglers often act as
employment agents, transporting workers to waiting
jobs. Employers may even prefer recruiting irregular
workers, who are more fexible and allow tax
avoidance. Tey may therefore contract smugglers
to supply them. Employers are also required to pay
fees to participate in formal recruitment. As a result,
it is estimated that regular migrants meet just 7% of
Tailands total demand for migrant workers.
4

Smuggled migrants are at greater risk of deportation.
In 2010, Tai authorities arrested over half a million
nationals from Cambodia, Lao PDR, and Myanmar
for immigration-related ofenses, including illegal
entry (see Figure 5).
5


Nevertheless, the majority of these irregular migrants
get what they came for: employment at better wages
than they would have received at home. Tey are
usually paid promptly and they are allowed to stop
S C l W A u L
M L 1
591,992
79,034
53,071
487,999
45,868
57,968
0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
Myanmar Cambodia Lao PDR
Male Female
Figure 4: Tailand: Migrants registered in 2009 by gender
and nationality
1
UNFPA GMS 2011
2
Martin 2009
3
Martin 2009
4
Chantavanich 2008
5
RTP 2011
9
Chapter 1
working when it is no longer in their self-interest to
do so.
But in some cases, the vulnerability of irregular
migrants is exploited. Promised pay may not
materialize, and fled complaints may be met with
a visit from the immigration police. In some cases,
workers can be kept captive for years, working only
for their food and accommodation. An example
that has received a lot of attention recently is the
fshing trade.
6
Ofshore vessels can become prisons,
as workers have no one to turn to and no prospects
for escape.
Tus, although most men and women who migrate
either independently or facilitated by smugglers
signifcantly improve their lives by doing so, others
cross into Tailand only to fnd that they have lost
control of their lives and end up in exploitative
situations.
7
Research with Cambodian deportees
found that just under a quarter of those questioned
experienced some degree of exploitation, regardless
of the feld agriculture, construction, factory work,
and services. Te level of reported exploitation in
the fshing industry was higher, with approximately
one-third of migrants reporting abuse. Most of the
fshermen from Cambodia and Myanmar in Tailand
are undocumented, and their exploitation can last for
years, working 18 to 20 hours per day, seven days a
week.
8
Of 49 trafcked seamen interviewed in 2009,
almost one-ffth were 18 or younger.
9

Seafood processing is another area where trafcking
has been reported. In 2006, police found
approximately 800 imprisoned men, women, and
children from Myanmar working under extreme
conditions in Samut Sakhon province, one of
the largest seafood processing industrial areas
in Tailand. Sixty-six migrants were classifed
as trafcked persons by the Tai Government.
Subsequent police raids in Samut Sakhon revealed
additional Myanmar migrants working under harsh
and exploitative conditions.
10
One 2011 survey
of over 400 migrants found that 34% had been
trafcked.
11

Te Tai government has devoted considerable
resources to addressing irregular migration, but
managing migration is challenging for even the
wealthiest countries. Te sheer scale of the problem
is daunting, and the pull of a growing economy,
seemingly irresistible. Considerable investment of
efort must therefore continue to be devoted to
reduce the risk of abuses.
z. Hou cre the smulin cnd trcjjclin
conducted?
Smugglers have become a critical part of the mass
migrant movement. Tey make it possible to evade
the Tai border ofcers, and also act as job brokers.
Teir importance is demonstrated by the fact that
most migrants make use of smugglers.
12
Te migrants can be broken into two categories.
First are those from neighbouring rural areas who
simply cross the border to take advantage of seasonal
agricultural work and may employ the assistance
of smugglers for transport and to avoid patrols by
Tai border guards.
13
Te second category are the
longer-term migrants, who move all over the country
and work in a broad range of sectors, including
the construction, food processing, manufacturing,
domestic and fshing sectors. Tese migrants actively
seek out the services of smugglers for assistance in job
placement or are recruited by someone they know.
Ironically, regional development and integration
is making migrant smuggling easier. New road
networks are making Tailand more accessible than
6
See for example IOM 2011a.
7
Pearson and Punpuing 2006: p. xvii.
8
IOM 2011a: p. 11.
9
UNIAP 2009
10
IOM 2009
11
UNIAP 2011: p. 4.
12
UNIAP 2010; UNODC EAP 2010a
13
Hardman 2011
218,675
171,498
41,480
13,663
37,460
20,767
0
50,000
100,000
150,000
200,000
250,000
Myanmar Cambodia Lao PDR
Illegal entry Immigraon, labour or other oences
Figure 5: Arrests in Tailand of migrants from
Cambodia, Lao PDR and Myanmar during 2010
S 8 1
10
1 C C 1 A L A
ever before for rural communities in neighbouring
countries.
14
Based on UNODC border surveys from
the Southeast Asian region, it is estimated that one-
third of the irregular migrants simply proceed along
the major roads and cross at the ofcial checkpoints.
Troughout the Greater Mekong Subregion, ofcial
borders can be crossed easily with migrants led by
smugglers on foot, by motorbike, vehicle or boat.
15

Te other two-thirds of the migrants take advantage
of the many informal crossing points. During the
dry season, for example, migrants can wade across
the Mae Sai River near Tachilek or the Moei River
near the Friendship Bridge that connects Mae Sot
in Tailand and Myawaddy in Myanmar. In the
rainy season, the short trip is
made by boat. In addition,
the provinces in the southern
region are accessible by
sea, and they attract large
numbers of smuggled
migrants. For example, it is
estimated that some 40%
of smuggling into Ranong,
a province in the south, is
facilitated by boat.
16

Te registration process
conducted by the Tai
government in 2009 provides
a unique insight into the
scale of irregular migration.
17

Figure 6 (next page) shows
that the locations of the
registered migrants from
neighbouring countries are
spread relatively evenly across
Tailand.
Migrants working in the
northern and southern
regions of Tailand are
primarily from Myanmar.
Samut Sakhon Province is
among the largest seafood
processing industrial areas in
Tailand, and it is among the
top four coastal provinces in
attracting migrant workers,
largely from Myanmar.
18

Not every smuggled migrant remains in Tailand.
For example, ethnic Rohingya Muslims from
Myanmar use the services of smugglers to enter
Tailand by sea, but many are en route to Malaysia
in search of work within established Rohingya
communities in Kuala Lumpur and Penang.
19

As their citizenship is not formally recognized
by the Myanmar government, the Rohingyas are
stateless.
In some cases, the migrants seek out the smugglers,
while in others, the smugglers actively recruit the
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
flows
China
Bangkok
Yangon
Kaw Thaung
Ranong
PhnomPenh
Myanmar
Thailand
Cambodia
Viet Nam
Lao
PDR
Ho Chi
Minh City
Vientiane
Migrant Smuggling and
Labour Trafficking to
Thailand
Mandalay
Keng Tung
Tachileik
Mae Sai
Chiang Rai
Chiang Mai
Mae Hong Son
Tak
Taunggyi
Pegu
Myawaddy
Moulmein
Mae Sot
Ye
Thanbyuzayat
Three Pagodas
Pass
Tavoy
Kanchanaburi
Ratcha
Buri
Mergui
Phuket
Hat Yai
J ianghong
Nong Khai
Udon Thani Nakhon Phanom
Mukdahan
Savannakhet
Pakse
Surin
SiemReap
Poi Pet
Battambang
Trat
Koh Kong
Kampong Chan
Ca Mau
Rayong
S W 8 unCuC
14
UNODC unpublished report on infrastructure, Bangkok.
15
UNODC EAP 2010a
16
UNIAP 2010; UNODC EAP 2010a
17
IOM 2011
18
UNIAP 2010
19
HRW 2009
11
Chapter 1
migrants. Some migrants cross the border on their
own, using a genuine passport or border pass, but
then work illegally using the help of a smuggler
who acts as a placement agent for the employer.
20

Most migrants, however, travel in small groups of
four or fve people from the same village, and cross
without documentation.
21

Research in Cambodia has found that women tend
to migrate with family members and sometimes
join small groups of other migrants to reach and
cross the border, thereby minimizing the role
of smugglers. Men are more likely to migrate
with groups of friends and join larger groups of
migrants to cross into Tailand. Tey tend to use
at least one smuggler in the process.
22

Corruption is encountered throughout the process
of migrating and working illegally. Bribes may
be required at border crossings, along major
transportation corridors, and anywhere police
are encountered. To avoid arrest, migrants have
reported paying bribes of between US$6.50 and
US$260.
23
Police may collect payments from
employers on a monthly, per head basis.
24
Some
police moonlight as smugglers themselves (see
Box).
25
Te risks of being trafcked actually increase when
smugglers are used. Research among Cambodian
deportees from Tailand shows that Cambodian
men are almost twice as likely to be cheated or
trafcked as Cambodian women. Tis is largely
because men are more likely to employ smugglers
than women, and the risk of being trafcked
increases with every intermediary involved.
27

Women are also more likely to travel in groups
with family members, as this provides greater
protection. Smuggled migrants from Cambodia
and Myanmar are particularly vulnerable to
trafcking because they often do not speak or
understand Tai.
3. Who are the smugglers and who are
the trcjjclers?
Most smugglers do more than just help people
get across borders. Tey are essentially brokers,
connecting supply and demand and making
money from everyone involved in the irregular
labour market. Tey can charge both migrants and
employers, and steer the new migrants into selected
Police involvement in the recruitment of
smuggled migrants
Quote from a 19-year-old male Karen
(Myanmar) manufacturing worker:
I told my uncle that I wanted to try working in
Bangkok so he said that I could go and he would
pay for my recruitment fee and ride which was
6,000 Baht (US$150). I was able to get from Tah
Song Yan [in Tailand near the Burmese border]
to Bangkok by riding in a pick-up truck that
belonged to a police ofcer. He was a Tai police
ofcer who was also a recruiting agent. He was
not in uniform that day, but he was the one who
drove the pick-up truck to take us to Bangkok.
Tere were two other migrants in the car as well.
We were squished in the backseat and whenever
we came to a police check point, the police ofcer
had us lay on top of each other and he put a
black blanket over us. We ran into many police
checkpoints and were required to hide like this
many times this made the trip very difcult.
26
20
Chantavanich 2008
21
Chantavanich 2008
22
UNIAP 2010a
23
HRW 2010c
24
HRW 2010c
25
Pearson and Punpuing 2006
26
Pearson and Punpuing 2006: pp. 72 -73.
27
UNIAP 2010a
Bangkok
21%
Central
33%
South
29%
West
7%
East
9%
Northeast
1%
Figure 6: Location of registered migrants from
Cambodia, Lao PDR, and Myanmar in Tailand
S C l W A u
L M L 1
12
1 C C 1 A L A
accommodation and other services with which they
are connected. Tey are usually not linked to other
organized crime activities. Some were, or are still,
irregular migrants themselves, capitalizing on the
experience they have acquired over the years.
Te vast majority of migrants are smuggled
by someone they know though personal or
community connections, so social networks are
key to linking the migrants and the smugglers.
Smugglers who act as recruiters understand
the situation in Tailand, and they have built
relationships with Tai employers, brokers, and
police.
Te process of linking migrants with jobs often
involves both smugglers from sending countries
as well as within Tailand. In Lao PDR, for
example, Lao smugglers bring migrants from
villages to the border and then hand them over
to Tai smugglers, who arrange for onward
transport, accommodation, and job placement.
Some smugglers also ofer information about living
and working conditions in Tailand, inexpensive
accommodation, and remittance assistance.
Most smugglers rely on their reputations being
spread by word of mouth. Reliability and
speed in securing paid employment are the key
requirements for the successful smuggler.
28
Once
the decision is made to migrate, prospective
migrants want to depart as soon as possible. Fast
and reliable smugglers can organize movement in
two to three days.
Most smuggled migrants use a combination of
cash savings and loans from relatives or friends
to migrate to Tailand while others pay the full
one-of service fee upfront in cash solely from
their savings, thereby not incurring debts. A less
common option is for migrants to take advance
loans from smugglers or become bonded labourers
to their employers for a fxed period of time.
29
Tis
opens up opportunities for abuse and trafcking.
(. Hou bi cre the jous?
Migrant Smuggling
To determine the number of migrants smuggled,
the best source of data is the migrant registration
details gathered during the registration drives in
2009 and 2011. By the end of December 2009,
1,315,932 migrant workers from Cambodia, Lao
PDR, and Myanmar were registered.
30
In mid-
2011, an additional 996,278 migrant workers
(as well as 165,980 employers) were registered.
Although it is possible that some irregular migrants
present in the country during the frst drive failed
to register until the second drive, many were likely
new migrants who entered the country during the
18 month gap between the two periods.
If these premises are correct, almost one million
new irregular migrants entered the country in 18
months, or over 660,000 per year. Te reality is
likely to be slightly more complicated. As indicated
previously, registration can be burdensome, and it
is likely that many workers did not take advantage
of either registration drive. Tis would mean that
more than one million irregular migrants could
have entered the country during the 18 month
period and simply refused to register. On the
other hand, those who did register in the frst
round would be compelled to re-register if they
changed employers during the 18 months, because
registration is employer specifc. Tese migrants
would be counted under both registration drives.
Despite all this, the bottom line is that
approximately one million irregular migrants were
documented during each of these drives. Given
these countervailing uncertainties, the seasonal
nature of agricultural work, and in the absence
of any comprehensive survey of the irregular
migrant population in Tailand, it is reasonable to
estimate a combined annual infow of 660,000 new
irregular migrants from these three countries. Field
research conducted by UNODC concluded that
83% of irregular migrants from Cambodia and
Myanmar are smuggled migrants.
31
Tis indicates
28
Chantavanich 2008
29
Debt bondage or bonded labour is when labour is demanded as a
means of repayment for a loan.
30
IOM 2011
31
UNODC EAP 2010a. Tis is in keeping with UNIAP research that
suggests that approximately 90% of irregular migrants from Myanmar
working in Samut Sakhorn province of Tailand used the services of
a smuggler (e.g. recruiter or transporter) at some point during the
migration process. See also UNIAP 2011.
13
Chapter 1
accommodation, transport, and job placement. Te
amount paid by Myanmar nationals also depends
on the type of services provided and on the
destination. In 2008, research indicated prices of
between US$323 and US$485 per migrant.
36

Based on these fgures, it appears that US$192
million is generated by smuggling migrants
from these three countries into Tailand. Of this
revenue, 95% comes from smuggling migrants
from Myanmar (see Figure 9).
37
Human Trafcking
Calculating the share of these migrants who were
subsequently trafcked is challenging. Research
among 400 deportees to Cambodia from Tailand
in 2009 found, based on a broad defnition of
that about 550,000 migrants are smuggled each
year. Te registration data suggests that 82% of
these were from Myanmar, 10% from Cambodia,
and 8% from Lao PDR. Tis would imply about
450,000 migrants from Myanmar, 55,000 from
Cambodia, and 44,000 from Lao PDR enter the
country annually (see Figure 7).
Te amount paid for smuggling services varies
according to the services required (see Figure 8).
Typically, a safe border crossing and transportation
to an employer in Tailand will cost the migrant
less than US$325.
32
Most Cambodian smuggled
migrants paid fees to smugglers ranging from
US$34 to US$138, with the majority paying
between US$80 to US$112.
33
Fees typically
cover the cost of crossing the border, food, water,
transportation to the Tai employer and on route
accommodation. It is estimated that an average
proft of US$10 to US$30 is made per smuggled
migrant. Smugglers who act as recruiters also
collect fees from the Tai employers. Typically, the
amount ranges from US$6 to US$16 (200 and 500
baht) per worker.
34
However, there may be gender and national
specifcities to the fee structures. One sample of
Cambodian migrants found that male migrants
pay an average of US$95 while female migrants
pay only US$74.
35
Lao migrants paid similar
amounts to both Tai and Lao smugglers, ranging
from US$80 to US$113, covering the cost of
406
97
85
0
50
100
150
200
250
300
350
400
450
Myanmar Lao PDR Cambodia
U
S
$
p
e
r
m
i
g
r
a
n
t
Figure 8: Average price paid for migrant
smuggling by country of origin
S unCuC
183.1
4.7 4.3
0
20
40
60
80
100
120
140
160
180
200
Myanmar Cambodia Lao PDR
U
S
$
m
i
l
l
i
o
n
s
Figure 9: Breakdown of income generated by
smuggling migrants annually
S unCuC
32
Huguet and Punpuing 2005
33
Chantavanich 2008
34
Pearson and Punpuing 2006
35
UNIAP 2010a
451,000
55,000
44,000
0
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
500,000
Myanmar Cambodia Lao PDR
Figure 7: Estimated number of migrants smuggled
annually into Tailand
S unCuC
36
Mon 2008
37
For migrants from Myanmar, this amounts to an average smuggling fee
of US$400 times 450,000 migrants for about US$180 million. For
Lao PDR, the calculation is 55,000 times around US$100, and for
Cambodia 44,000 times US$85.
14
1 C C 1 A L A
exploitation, that nearly a quarter (23%) could
be considered victims of trafcking. Only 9.3%,
however, met the stricter defnitional standard
reporting no payment for work or being
completely deprived of their freedom.
38

Tere are many problems with using this fgure
as an estimate of the annual share of people
trafcked.
39
Victims may be disproportionately
represented among the deportees and self-reporting
may be inaccurate. From a larger sample of
irregular migrants, Tai immigration authorities
concluded that around 4% of nearly 1000
detainees were trafcking victims from Cambodia,
Lao PDR and Myanmar.
40
But even with similar
limitations in the methods as above, the number
of trafcking cases would still be around 26,400
victims per year.
41
In 2009, the Tai authorities detected 530
trafcking victims, of whom (based on historic
data) about one-third are sex trafcking victims.
42

Te remaining 350 represent about 1.3% of
26,400 victims per year. Research conducted into
the European market has found that only 3% to
5% of trafcking victims are detected.
43
However,
given the diferences in police capacity and the
sheer scale of the migration fow, a 1% detection
rate seems realistic.
It would be impossible, in purely dollar terms,
to quantify what these victims had taken away
from them, but it is possible to calculate what
the perpetrators gained. Research on Cambodian
deportees found that in cases deemed to involve
trafcking, the average monthly promised/
negotiated salary was 3,665 baht (US$120). Tey
were actually paid, on average, 430 baht ($15)
per month. Tus, they were exploited (underpaid)
to the tune of US$105 per month of labour.
Approximating the labour stolen would then be
US$105 multiplied by 12 months multiplied by
26,400 victims. Tis sum equates to just over
US$33 million per year.
38
UNIAP 2010a
39
Te Government of Tailand considers this fgure to be an overesti-
mate of the amount of trafcking for labour migration. It points out
that, in 2010, its Immigration Bureau along with ofcials from the
Ministry of Social Development and Human Security, interviewed and
screened 371,456 illegal migrants using standardized manual guidelines
and identifed 56 actual trafcked victims (31 Laotians, 5 Myanmar, 4
Cambodians and 16 others) and 23 potential victims (18 Laotians and
5 Myanmar). According to these fgures, the amount of actual/potential
trafcked victims from this overall fow would be 0.02%.
40
From 1 November 2006 to 31 January 2007, the Victim Identifcation
Unit (VIU) of the Immigration Detention Centre (IDC) in Bangkok
interviewed 959 detainees to determine if they had been trafcked.
[] From those interviews, it was determined that 37 persons could be
considered to have been trafcked 21 from Myanmar, 12 from Lao
Peoples Democratic Republic and 4 from Cambodia. See Huguet and
Ramangkura 2007.
41
With the assumption that 4% of irregular migrants may be assessed
as trafcking victims, that proportion of 4% is applied to the overall
the annual estimated fow of 660,000 irregular migrants into Tailand.
Although 660,000 irregular migrants have been recorded as registering in
recent regularization processes, there are no reliable estimates of the num-
ber of irregular migrants who remain irregular in Tailand. Assuming
that as many irregular migrants register for regularisation as those who
choose to remain underground, the fgure serves as an indication of the
potential numbers of such unregistered irregular migrants in the absence
of other reliable data.
42
Te data for the share of all human trafcking victims in Tailand who
are labour trafcking victims comes 2006-2007, as reported in UNODC
2009.
43
Tis is the fgure frequently cited by the Dutch Rapporteur, and con-
siderable resources have been assigned to detecting victims.
15
Chapter 2
TruIhckIng oI women und gIrIs Ior sexuuI
expIoILuLIon wILIIn LIe GreuLer Mekong
Sub-Region
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
16
1 C C 1 A L A
Human trafcking:
1. Slave-like conditions: human beings
treated as disposable commodities im-
mense often hideous emotional, psycho-
logical and physical damage done to victims.
2. Forms of control: sexual exploitation;
domestic servitude; forced marriage; forced
labour (especially in construction and fshing
industry); debt bondage; imprisonment;
violence and torture; child begging.
NATURE OF THE THREAT
17
Chapter 2
Prostitution is found everywhere, but there is a
smaller subset of countries whose markets have the
power to attract participants, both clients and sex
workers, from neighbouring countries and beyond.
When there are not enough sex workers to keep up
with demand, those profting from the trade may
import labour by deception and by force.
Foreign demand for sexual services in Tailand
can be traced back at least as far as the time of the
Viet Nam War, when foreign servicemen fed the
expansion of a sex market in Pattaya, formerly a
sleepy fshing village. In parallel, the notorious
Pat Pong district in Bangkok was developed by
foreign investors during the 1950s and
1960s.
1
Tus, on many levels, the sex
market in Tailand is an international
phenomenon.
1. What is the nature of the
market?
Despite the illegality of prostitution
in Tailand, a recent survey in 2009
found that there were some 73,917
sex workers in 16,270 commercial sex
establishments, though in 2010 the
Ministry of Health estimated that the
actual number was probably higher at
between 150,000 and 250,000.
2
An ongoing research
project estimates that there are around 140,000 sex
workers in Tailand. Tough the vast majority are
female, around 10% are male.
3
Given the size of
the industry, it is not surprising that a percentage
of these workers are victims of trafcking. While
10% of the sex workers found in the survey were
men, this chapter focuses on the commercial sexual
exploitation of women and
girls, due to their special
vulnerability to violence and
exploitation.
Most of the trafcking
victims who are not
Tais come from poorer
countries in the region,
from Cambodia, Lao PDR
and Myanmar, migrating
irregularly. Like many of
their compatriots, they are
in search of a better life.
Foreign sex workers are
inherently vulnerable, given that both their presence
and work status are illegal, and that they are unlikely
to speak the local language. Tey have no ofcial
existence, no labour rights, and no one to hear their
complaints. Under these conditions, exploitation is
to be expected.
Figure 1: Total international tourist arrivals to Tailand
S 1 A 1
4.7
5.6
6.0
6.4
6.1
6.7
6.7
8.2
9.4
3.0
3.8
4.0
4.3
3.8
4.9
4.7
5.6
5
0
2
4
6
8
10
1998 2000 2001 2002 2003 2004 2005 2006 2007
M
i
l
l
i
o
n
s
Total male visitors
Total female visitors
Figure 2: International tourist arrivals to Tailand by region
and gender in 2007
S 1 A 1
East Asia Male
35%
East Asia
Female
20%
Europe Male
17%
Europe Female
9%
Americas Male
4%
South
Asia Male
4%
Middle East
Male
2%
Oceania Male
3%
Others
6%
1
Much earlier, in the late 19
th
Century, brothels were established in
Chinatown to cater to the Chinese expatriate population. In the frst
year prostitutes were registered (1909), 1441 (57%) of the registered
prostitutes were Chinese, and 950 (38%) were Tai. See Bafe 2010: pp.
195-203.
2
NAPAAC 2010: p. 79.
3
Preliminary estimates on at risk populations presented at Ministry of
Public Health (MoPH) Workshop, Richmond Hotel, Nontaburi, 10
January 2012.
18
1 C C 1 A L A
Te trafcking of sex workers from a relatively rich
country to a poorer one also occurs. Trafcked
Vietnamese women make up a small share of
sex workers in Cambodia. However, some of
these trafcked women are ethnic Vietnamese
from Cambodia. Ethnic Vietnamese make up
around 13% of the Cambodian population and a
disproportionately large amount of the sex workers.
Perhaps because of the association of the Vietnamese
with sex work in Cambodia, women and girls are
also trafcked from Viet Nam.
In both countries, domestic and foreign men
exploit victims. While women outnumber men
in many tourist destinations around the world,
4

almost twice as many men
as women holidayed in
Tailand in recent years,
with the number of male
tourists doubling within a
decade. Over half of male
tourists come from East
Asia itself (see Figures 1 to
4). According to academic
studies, East Asian sex
tourists come from China,
Japan, Malaysia, Republic
of Korea, and Singapore in
particular. Several sex venues
in Tailand cater almost
exclusively to visiting East
Asian men.
5

6
Maticka-Tyndale and others 1997.
7
HRW 2010a
8
Peters 2007: p. 9.
9
Peters 2007: p. 19.
10
Steinfatt and Baker 2010
Figure 3: Total international tourist arrivals to Cambodia
S C M 1
1,421,615
1,700,041
2,015,128
2,125,465
2,161,577
2,508,289
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
2005 2006 2007 2008 2009 2010
Figure 4: Top ten sources of tourist arrivals to Cambodia in 2009 and 2010
S C M 1
Viet Nam
Rep. of
Korea
China Japan USA France UK Thailand Australia
Taiwan
(Province of
China)
2009 316,202 197,725 128,210 146,286 148,482 105,437 106,018 102,018 84,581 72,119
2010 466,695 289,792 177,636 151,795 146,005 113,285 96,277 96,277 93,598 91,229
0
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
500,000
Sex tourism is an issue for Tailand, but
the main problem driving trafcking
of women and girls today is rooted in
high domestic demand for commercial
sex. Of a sampling of men in north-
eastern Tailand, 43% of single men and
50% of married men reported having
purchased sex in their lifetimes, with
13% of married men having purchased
sex within the last year. Of those who
had patronized sex workers, 70%
reported that their frst sexual experience
was with a sex worker.
6
Similar to Tailand, the clients of sex workers in
Cambodia appear to be predominantly from the
country itself,
7
but there is evidence that Cambodia
is developing a sex tourism industry of its own.
8
It
also appears that certain sectors are being developed
to cater for regional demand for sex (for example, in
Siem Reap), especially for tourists and investors from
China, Japan, and the Republic of Korea.
9

Te number of sex workers in Cambodia reportedly
increased from 20,829 in 2002 to 27,925 in 2008,
of which 15,070 are estimated to work in Phnom
Penh and 12,855 in the provinces.
10
Of these, a share
would be trafcked.
4
Tis gender variation is not standard for tourist arrivals. For example,
female tourists to the Maldives were 3% more numerous than male
tourists, in 2011.
5
Le Roux 2010: p. 125.
19
Chapter 2
11
ASEAN 2007: p. 5.
12
ECPAT International 2010: p. 12.
13
ECPAT International 2010: p. 33.
Child Sex Tourism
When a person is too young to consent to sex, any sexual activity is inherently exploitative. In the region,
the sexual exploitation of children appears to be especially prevalent in Cambodia, Lao PDR, Tailand and
Viet Nam. Travelling child sex ofenders make use of these markets, and also pursue children not involved
in commercial sex. Te Association of Southeast Asian Nations (ASEAN) has defned child-sex tourism as
the sexual exploitation of children by men or women who usually travel from a richer country to engage in
sexual acts with children in a less developed country.
11
Child-sex tourism is committed by an individual or a
network that facilitates the exploitation.
Many males from Australia, the European Union and the United States, working as business travellers,
development workers, teachers or long-term residents, have been identifed as travelling child sex ofenders
in the Greater Mekong Subregion. According to UNICEF, however, the majority of sex tourists in East
Asia are regional tourists. Due to the close links of commercial sex industries with child-sex tourism,
cases involving East Asian travelling sex ofenders - mainly from Japan, the Republic of Korea and Taiwan
(Province of China) - have been detected in a number of Southeast Asian countries.
12
In the Greater Mekong Subregion, travelling child-sex ofenders make contact with local children through
their accommodation or other tourist-related services. In addition, some resident foreigners have strong
links to the community and it is one of the ways that travelling child-sex ofenders groom children for
abuse.
Although relevant legislation has been adopted in countries of the region, including Cambodia, Lao PDR,
Tailand and Viet Nam, these laws are often weakly enforced.
13
Tere have been some law enforcement
successes. Between 2001 and 2012, 80 Cambodians and 148 foreigners were arrested for child-sex ofences
in Cambodia after a total of 400 victims (263 boys and 137 girls), were recorded as abused by these
foreigners (see Figures 5 and 6). ECPAT International reported that three international and 20 Tai child-
sex tourists have been convicted since 2008 in Tailand.
14

Although some countries, including Australia, Germany, Japan and the US, have established extra-territorial
legislation against child-sex tourism, the number of arrests remains low.
15
Based on available records, seven
US citizens have been convicted in the US for sex ofences against Cambodian children; three of these cases
are still pending.
16
Figure 5: Nationality of foreigners engaged in the
sexual exploitation of children in three districts of
Cambodia in 2001
S n
France
28%
China
26%
Japan
19%
USA
11%
Thailand
5%
Other
11%
Figure 6: Breakdown of region of origin of child
sex tourists arrested in Cambodia 2003-April 2012
S A L
North America
16%
Europe
33%
Other
1%
East Asia/Pacic
50%
14
ECPAT International 2010: p. 32.
15
Child Wise Australia 2009: p. 8.
16
Action pour les Enfants 2012
20
1 C C 1 A L A
z. Hou is trcjjclin
conducted?
As indicated in the previous
chapter, the large majority
of migrants from Cambodia,
Lao PDR, Myanmar, and
Viet Nam enter Tailand
voluntarily, with or without
the assistance of a broker.
Most trafckers control
migrant sex workers through
debt bondage accumulated
from the cost of smuggling
them into Tailand. Some
brothel owners buy these debts
and then use them to exploit
the victim. To the initial sum,
infated costs may be added
for the feeding, housing,
and upkeep of the victim,
extending the period of debt
servitude.
Even those who migrate with
the intention of working in
the commercial sex industry
may be exploited and become
trafcking victims. For
example, the district of Svay
Pak, north of Phnom Penh,
Cambodia, attracts a large
number of sex workers who
migrate from the south of Viet
Nam for work.
17
Certain brothel managers in this
area exploit debt-bonded sex workers by placing
restrictions on their freedom and ability to safeguard
their own health. Brothel managers dictate how
many and which clients their sex workers should
entertain, and whether or not condoms are used.
18

Te Tai sex industry is also partly supplied by
women and girls trafcked from neighbouring
Myanmar, which remains one of the least developed
countries in the region. One established route is the
border crossing at Tachilek in Myanmar to Mai Sai in
Tailand.
19
It has been reported that trafckers ofer
sexual favours to border ofcials or bribes of between
US$30 and US$78 to facilitate the irregular border
crossing.
20
Police ofcers reportedly extort money or
accept bribes from brothel owners to prevent raids or
to provide notice of planned raids.
21

Trafcking of women and girls from Myanmar into
Tailand for the purpose of sexual exploitation has
been reported by World Vision and Asian Research
Center on Migration (ARCM) in a 2004 joint
research study. Te study found that from a sample
of 534 women migrants from Myanmar who had
been involved in sex work in Tailand, 28 (or 5.3%)
had been forced into prostitution.
22
S W 8 L 8 unlA unCuC
20
Busza 2004: p. 139.
21
US TIP 2011
22
Cited in Huguet and Ramangkura 2007: p. 28.
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
flows
China
Bangkok
Yangon
Kaw Thaung
Ranong
PhnomPenh
Myanmar
Thailand
Cambodia
Viet Nam
Lao
PDR
Ho Chi
Minh City
Vientiane
Sex Trafficking in
Thailand and Cambodia
Mandalay
Keng Tung
Tachileik
Mae Sai
Chiang Rai
Chiang Mai
Mae Hong Son
Tak
Taunggyi
Pegu
Myawaddy
Moulmein
Mae Sot
Ye
Thanbyuzayat
Three Pagodas
Pass
Tavoy
Kanchanaburi
Ratcha
Buri
Mergui
Phuket
Hat Yai
Nong Khai
Udon Thani Nakhon Phanom
Mukdahan
Savannakhet
Pakse
Surin
SiemReap
Poi Pet
Trat
Koh Kong
Kampong Cham
Ca Mau
Pattaya
An
Giang
Sihanoukville
Samui
Betong
Sungai Kolok
Dannok
Kien
Giang
Tay Ninh
Dong
Thap
17
Busza 2004: p. 242.
18
Busza 2004: p. 242.
19
Busza 2004: p. 142.
21
Chapter 2
Te sale of virginity seems to be a particular problem
in Cambodia, and the means by which many young
women are frst exploited.
23
Of 203 women surveyed
by the International Organization on Migration in
Cambodia, 38% had their frst commercial sexual
encounter while selling their virginity. In this sample,
Cambodian men reportedly accounted for about half
of client demand, the other half being male tourists,
largely from Asian countries. Ethnic Vietnamese
women and girls represented over one quarter (28%)
of virginity sales.
24
On average, the girls selling their
virginity were reportedly between 16 and 17 years
old.
25
Te average price paid for the virginity of a
Khmer or ethnic Vietnamese girl is US$482, but can
range from US$20 to US$2800.
26
Ethnic Vietnamese women represent a substantial
portion of the commercial sex workers in Cambodia,
and form the majority of sex workers in some areas
such as Siem Reap and Svay Pak. Te Cambodian sex
market is negotiated in two distinct venues: brothels
and beer gardens. Te beer garden scene, which also
includes karaoke bars, has grown in popularity due to
the advantage of deniability: the bar owner does not
pimp the women, but rather charges clients a bar
fne to take a woman of-site. It also provides some
social interaction before business is arranged and
gives the women more manoeuvrability in general.
Te purpose of brothels is more explicit, and they
are where most of the trafcking takes place. With
less freedom of movement, the women are more
easily controlled and coerced. Most of the ethnic
Vietnamese sex workers are based in the brothels.
It is often assumed that brothels are a metropolitan
phenomenon, but this does not appear to be the case.
In one study, only 34 of the 377 brothels surveyed
were found in Phnom Penh, with most (343) found
in the provinces.
27

Te share of these women who are victims of
trafcking is difcult to determine, but the best study
to date polled over 2000 venues, and found that of
an estimated 27,925 sex workers, 1058 (4%)were
estimated to be victims of trafcking for sexual
exploitation, of which 29% were underage. Most of
these victims were Khmer (63%), but a large share
were ethnic Vietnamese (32%) and a statistically
signifcant share ethnic Chinese (5%).
28
. Who cre the trcjjclers?
It does not take great organizational sophistication
to trafc a woman or a girl in Southeast Asia.
Since most of the women migrate across borders
voluntarily, and most are subsequently exploited in a
brothel setting, it is the brothel owners who are most
often the trafckers.
Tere are also professional procurers, who are often
of the same nationality as the victims, but may
have resided in the destination country for many
years. Using their community linkages to entice and
entrap victims, they are generally independent and
small scale. In one recent study of trafcking from
Myanmar to Tailand, information was gathered on
100 of these recruiters.
29
Of the study sample, at least
65 were female, of various ethnicities (Palaung, Shan,
Chinese, Burman and Kachin). Teir professions
were diverse, including police ofcers, government
workers and one nun. Many were from Namkham
in northern Shan State, with some from China, and
some from central Myanmar.
Women may also be trafcked by friends or
family members. Research in Viet Nam has found
that many women are trafcked by their own
boyfriends.
30
Sales of children by parents knowing
they will be sex trafcked is rare.
28
Steinfatt and Baker 2010: p. 44. Tis report uses ethnicity to refer to
culture of origin rather than citizenship.
29
Palaung Womens Organization 2011.
30
CEOP 2011
Figure 7: Ethnicity of sex trafcking victims in
Cambodia in 2008
S S 8
Khmer
63%
Vietnamese
32%
Other
5%
23
UNIAP 2010: p. 55.
24
Brown 2007: p. 71.
25
US TIP 2007
26
Brown 2007
27
Steinfatt and Baker 2010: p. 34.
22
1 C C 1 A L A
Police corruption helps to facilitate the trade. In
2009, the Deputy Chief of the municipal police of
Phnom Penh was arrested for allegedly accepting
bribes in exchange for warning brothel owners of
impending raids.
36
Border control ofcials have also
been implicated.
(. Hou bi is the jou?
To determine the number of women currently
trafcked into sexual exploitation in Cambodia and
Tailand, two things must be estimated;
the number of commercial sex workers in both
countries; and
the share of these workers who are trafcked.
In 2012, preliminary research by the Ministry
of Public Health indicated that the number of
commercial sex workers in Tailand at around
140,000.
37
In 2008, based on extensive survey
research, it was estimated the number of sex workers
Child Sex Tourism and the Internet
Te Internet allows the gathering of information to facilitate all forms of tourism, including child-sex
tourism. Travelling child-sex ofenders are able to anonymously gain access to networks that provide
information on local children and the services available at destinations.
31
Child-sex trafckers also advertise
sexual services through the Internet.
32

A number of cases have been prosecuted where the Internet was key. In 2008, Japanese authorities arrested
a Japanese man for arranging child-sex tours for Japanese tourists to Cambodia. He allegedly managed a
specialised website allowing ofenders to select children prior to their arrival in Cambodia.
33
In 2011, a
New Zealand man was the frst in that country to be convicted for organizing a tour with underage boys
in Tailand, advertising over the Internet.
34
It appears that Internet use can also be a liability for child-sex
tourists, however, as it allows legal authorities in the richer countries to intervene before the damage is
done. Tose trolling for victims may fall victim to a police sting.
Many East and Southeast Asian destinations and source jurisdictions such as Cambodia, Japan, the
Republic of Korea, Taiwan (Province of China), Tailand and Viet Nam do not yet have a protocol for
Internet Service Providers to report unlawful cyber activities in relation to child pornography and child
sexual abuse.
35
Tese must be established as a vital means of undermining criminal activity.
31
ECPAT International 2010: p. 60.
32
ECPAT International 2008: p. 6.
33
ECPAT International 2008: p. 10.
34
Hannan 2011
35
ECPAT International 2010: p. 36.

36
US TIP 2010
37
Preliminary estimates on at risk populations presented at Ministry of
Public Health (MoPH) Workshop, Richmond Hotel, Nontaburi, 10
January 2012.
in Cambodia at just under 28,000.
38
Tis leaves the
question of what share of these people are trafcked.
Ironically, the best research on the rate of trafcking is
not in the relatively well-known market of Tailand,
but in Cambodias sex industry. Tere are problems
with applying the fndings of the Cambodian
research to the Tai situation, of course, including
the fact that the Tai situation is both much larger
and is based on a correspondingly larger tourist
demand. Still, in the absence of comparable research
in Tailand, the Cambodian research is the best
available proxy for in-country trends in the region.
Field observation in over 2000 venues in all 24
provinces of Cambodia in 2008 concluded that 3.8%
of the women at these venues met the rather strict
criteria for trafcking, namely that they were either
under the age of 18 or that they were not free to
leave the venue.
39
Tere are problems with the methods and the criteria
used for determining trafcking. To determine the
availability of under-aged workers, researchers posing
as potential customers simply asked the proprietors,
who would have arguably had economic incentive
to lie, possibly infating the number of victims.
38
Steinfatt and Baker 2010: p. 28.
39
Steinfatt and Baker 2010. Venues included bars, restaurants, karaoke
bars, massage parlours, and brothels.
23
Chapter 2
On the other hand, victims can be trafcked while
still permitted a degree of freedom. In fact, some
venues, such as karaoke bars, may lack the facilities
to provide sex on the premises, so some movement
of-site may be required. Tis would lead to an
underestimate of the number of victims. Given
these conficting biases, the estimate provided by the
Cambodian research is applied here.
In Cambodia, this implies that about 4% of the
estimated 28,000 sex workers in the country are
trafcked, or about 1,120 victims. Applying these
ratios to Tailand, taking 4% of an estimated
number of 140,000 sex workers would result in a
total of around 5,600 victims.
Since, for the purposes of this threat assessement, we
are looking into the transnational nature of the fow
not the total number of all victims in Cambodia
and Tailand (certainly a larger number) we
need to know what proportion of a total estimated
5,600 victims in Tailand and 1,120 victims from
Cambodia would have originated from neighbouring
countries in the Greater Mekong Subregion.
41

Regarding Tailand, based on historical data (2005-
2010), approximately 150 foreign victims of sex
trafcking are rescued annually. Almost all of these
individuals would have come from Cambodia,
Lao PDR and Myanmar.
42
Te next question is,
approximately what percentage of the overall total
does this represent? Because average interception
rates for rescuing sex trafcking victims in Southeast
Asia are not established a European proxy is used.
In Europe, the standing estimate is that between
3% and 5% of sex trafcking victims are detected
annually. Tus, using the average interception
rate (4%) and applying it to the fgure of 150,
there would be approximately 3,750 victims of sex
trafcking in Tailand from neighbouring countries
(150 multiplied by 100 divided by 4).
Te above-referenced study into sex trafcking
in Cambodia estimates that around 35% of
victims were not Khmer but ethnic Vietnamese.
43

Tis translates to about 300 victims.
44
In 2009,
Cambodian authorities reportedly assisted with the
repatriation of 11 Vietnamese sex trafcking victims
to Viet Nam.
45
Using again the average interception
rate of 4% and applying it to the number 11, it is
estimated that there would be approximately 275 sex
trafcking victims from Viet Nam in Cambodia (11
multiplied by 100 divided by 4).
Te income generated by an estimated 4,025 foreign
victims (Tailand - 3,750 victims, Cambodia - 275
victims) is difcult to calculate, given the lack of
data on prices and hours worked. Court testimony
from victims suggests an average of six clients per
day for about 25 days per month. Prices vary greatly
depending on the locations, venues, and the services
provided, but an average spend of US$25 per client
seems to be a conservative estimate.
Tese fgures suggest that each trafcked sex worker
generates about US$45,000 in income for her
trafcker per annum. With an estimated 4,025
trafcked victims in these sex industries, this would
place the annual value at about US$181 million in
Cambodia and Tailand.
Given the gaps in the data and the use of proxy
indicators for other countries and regions, these
fgures can only be considered very tentative
estimates of the possible magnitude of the problem.
Figure 8: Sex workers per 100,000 adult males
aged 15-65 in the population
S unCuC
40

622
608
0
100
200
300
400
500
600
700
Cambodia Thailand
40
For Tailand, this fgure is based on recent estimates by the Ministry of
Health and Mahidol University project (140,000 sex workers); for Cam-
bodia, this is based on the estimate of 28,000 sex workers, see Steinfatt
and Baker 2010: p. 44.
41
Te assumption is that the number of foreign trafcked victims from
outside the Greater Mekong Subregion would be quite small.
42
UNODC 2009: p. 185.
43
Steinfatt and Baker 2010: p. 44. Te study does not set out to estimate
what proportion of these ethnic Vietnamese or Chinese were domestic
or foreign sex trafcking victims from Viet Nam or other countries.
44
It is probable that more than 50 of those 300 victims may constitute
ethnic Vietnamese domestic victims, given that around 13% of Cam-
bodian nationals are of ethnic Vietnamese origin and a relatively large
proportion of people of this ethnicity found in sex work.
45
US TIP 2010. In general, limited data is available on foreign trafcking
victims in Cambodia. In 2010, 500 Vietnamese trafcking victims were
repatriated to Viet Nam, including 100 who had been trafcked to South
Korea, Malaysia, and Singapore. Source: US TIP 2011.
25
Chapter 3
MIgrunL smuggIIng Irom EusL und
Southeast Asia to the United States and the
European Union
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
26
1 C C 1 A L A
NATURE OF THE THREAT
1. Deadly risks and loss of human
life smuggled migrants are exposed to
deadly risks, including loss of life, en route
to destination. Tousands of migrants
die each year during the process of illegal
migration.
2. Human rights abuses irregular
status of migrants creates vulnerabilities to
discrimination, exploitation, and trafcking
in persons. Smuggled migrants often end
up with dangerous jobs. Tey are often
excluded from health, education and other
social welfare provisions.
3. Economic impact the illegal
economy creates unfair competition, and
undermines wages and social protection, loss
of legitimate tax revenue for governments.
4. Treat to state security migrant
smuggling is a high-proft / low-risk crime.
It empowers criminals and undermines state
security due to links with organized crime,
violence, and corruption. People cross
borders without the host states consent and
knowledge.
5. Corruption fuels corruption among
public ofcials.
6. Cost of law enforcement costs
to the state to improve border security
measures, conduct search and rescue
operations (e.g. with maritime smuggling),
and provide protection and assistance.
27
Chapter 3
1. What is the nature of the market?
Due to the prominence of China and Viet Nam as
source countries typifying these fows, this chapter
will focus almost exclusively on these two states.
Tough migration to Europe and the United States
is nothing new, Chinas economic reforms of the
1980s greatly increased migrant fows. Te Chinese-
born population in the United States, for example,
has grown fve-fold since 1980 (see Figure 1), rising
to 2.2 million people in 2010.
1
Viet Nam is, in
many ways, following in the footsteps of China.
Its economy is growing nearly as fast, and export-
oriented industries have fed emigration.
Most of this migration is legal, but some is not. In
2010, an estimated 10.8 million irregular migrants
were living in the United States, of which 130,000
were from China.
2
Based on the difculties of
making the journey successfully, it is reasonable to
assume that most of those who entered through
irregular channels employed the assistance of migrant
smugglers.
China and Viet Nam are two of the most rapidly
growing economies (see Figure 2), and have in
fact recently experienced labour shortages.
3
In
contrast, both North America and Europe are still
struggling with the recession brought about by the
fnancial crisis of 2008. Irregular migration from
Latin America to North America and from Africa
to Europe has declined dramatically in response to
diminishing job prospects.
4

Te exact destination of these migrants is not
determined by economics alone. Most venture
forth to join existing diaspora communities where
they have family, friends or contacts. According to
remittance fows, the largest Chinese communities in
Europe are in Italy, Spain, and the United Kingdom.
Te largest Vietnamese communities are in France,
Germany, and the Czech Republic.
Te largest fow of remittances to China and Viet
Nam are from migrants residing in the United States
(see Figures 3 and 4). In 2010, over US$12 billion
in remittances was sent from the United States to
China and over US$4 billion from the United States
to Viet Nam. Pulled towards existing communities,
remittances and well established smuggling networks
enable others to migrate or be smuggled. In the
case of China, smuggled migrants are largely from
Sichuan, Hunan, Anhui, Fujian, Guangdong, and
Zhejiang.
6
Both population data and deportation
fgures suggest that the main destinations are France,
Germany, Italy, Spain, and the United Kingdom.
Te Fujian province of China is the point of origin
for many irregular migrants destined for the United
States,
7
most of whom head for California or the
greater New York area.
8

Except for Sichuan and Hunan, these source areas
are located in Eastern China and are among the
more afuent provinces, which means that residents
may be able to aford high smuggling fees.
9
Tese
six provinces, especially Fujian and Guangdong,
1
Tis estimate is based on Census data and includes people born in
Taiwan (Province of China). See McCabe 2012a.
2
Hoefer and others 2011
3
Te World Bank 2011a
4
For example, see Orozco 2009; Passell and Cohn 2010.
5
Tese estimates include Taiwan (Province of China).
6
UNODC communication with the Joint Analysis and Strategy Centre
on illegal Migration (GASIM) 2011; UNODC communication with the
UK Border Agency (UKBA) 2011.
7
UNODC communication with the Human Smuggling and Trafcking
Center (HSTC), United States 2011.
8
McCabe 2012a
9
Skeldon 2011
Figure 1: Size of the Chinese-born population in
the United States
S MC
5
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
1960 1970 1980 1990 2000 2010
Figure 2: Real GDP growth
S lMl World Economic Outlook
-5
-3
-1
1
3
5
7
9
11
13
15
2003 2004 2005 2006 2007 2008 2009 2010
R
e
a
l

G
D
P

g
r
o
w
t
h

(
%
)
USA Euro area Viet Nam China
28
1 C C 1 A L A
also have well-established histories of migration and
residents have travelled for hundreds of years to fnd
work in the United States and Europe.
10
Te majority of smuggled Vietnamese migrants,
in particular to the United Kingdom, are from the
northern provinces of Hai Phong and Quang Ninh.
11

As the source region or province varies, so does the
profle of the smuggled migrants detected in the
destination countries. German authorities report that
most detected Chinese smuggled migrants are adults
between 20 and 49 years of age,
12
but one-third are
children nine years old and younger.
13
Te profle of
the detected Vietnamese smuggled migrants shows a
narrower age range: 85% are between the ages of 10
and 39 years of age.
14

Even within a national group, the profle of the
smuggled migrant depends on the destination.
Research indicates that the Vietnamese detected
in Germany are fairly well-educated.
15
French
authorities report that the smuggled Vietnamese
migrants they detect are both younger than in
Germany (most in their late 20s) and less educated.
16

Tere are a number of possible explanations for this
diference. Te Vietnamese population in Germany
is well established, originating from a formal
worker exchange programme in the 1980s, and this
community may attract better-educated migrants.
Many of those detected in France may be destined
for the United Kingdom, some to become workers in
indoor cannabis cultivation operations.
17
z. Hou is the smulin conducted?
Te image most commonly associated with Chinese
migrant smuggling is that of the Golden Venture, a
cargo ship that foundered of the coast of New York
in 1993. Te ship had embarked from Tailand
and spent 112 days at sea before running aground
with its cargo of 186 Chinese migrants. Ten of these
people died attempting to swim ashore.
18
Although the sea route is still used, new trends in the
smuggling business have emerged since the Golden
Venture tragedy. Today, most smuggled Chinese and
Vietnamese migrants fy as close as possible to their
destination, landing in countries where they can
enter without a visa or where visa controls are weak,
and then move clandestinely the rest of the way. Te
smugglers help with both phases of the journey the
preparation of the necessary paperwork and the illicit
border crossings.
Migrant smuggling from China proceeds along a
number of well-established paths, although the exact
route a migrant will take is rarely predetermined.
10
Zhang 2008
11
UNODC communication with Vietnamese Immigration Department,
Ministry of Public Security.
12
UNODC communication with the Human Smuggling and Trafcking
Center (HSTC), United States 2011; UNODC communication with the
Austrian Federal Criminal Intelligence Service 2011.
13
UNODC communication with GASIM 2011.
Figure 3: Remittances to China in 2010, by
country of origin (Top ten)
S 1 W 8
12,205
3615
1303
893 837
646 595 545
264 120 117
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
U
S
$
m
i
l
l
i
o
n
s
Figure 4: Remittances to Viet Nam in 2010, by
country of origin (Top ten)
S 1 W 8
4186
616
446
340
85 77 49 45 44 42 33
0
500
1000
1500
2000
2500
3000
3500
4000
4500
U
S
$
m
i
l
l
i
o
n
s
14
UNODC communication with GASIM 2011
15
UNODC communication with GASIM 2011
16
UNODC communication with the Ofce Central de Rpression de
lImmigration Irregulire et de lEmploi dEtranger (OCRIEST) 2011.
17
Europol 2011b
18
Zhang 2008. For example, Zhang reports that smugglers are using
peripheral locations for migrant smuggling, such as the U.S. Virgin
Islands, Guam, Mexico, and Canada. Often these ships or fshing
trawlers leave from Hong Kong (China).
29
Chapter 3
One common technique is for migrant smugglers
to arrange for migrants to travel legitimately from
China to Latin America or Cuba via the United
Arab Emirates and then Russia by air. From Latin
America or Cuba, Chinese and local smugglers
arrange onward air travel to Mexico (e.g., Cancun),
although a small number are moved by sea given the
short distance from coast to coast (509 kilometres).
Cuba is a popular departure point for maritime
routes to southern Florida or the Caribbean Islands,
although maritime entry to the United States is
due to the ease of detection on a well-patrolled
coastline far more difcult than crossing at the land
border. Countries in Central and South America are
also commonly used to reach Mexico with the aid
of Chinese and local smugglers (such as coyotes or
polleros). Once close to the United States border,
authorities believe that most smuggled migrants
destroy their documentation as it is common to
fnd sets of partially destroyed documents just
south of the border. Smuggled in trucks or on foot,
authorities suspect that Chinese migrants are held
in Mexican safe houses until onward passage can be
arranged. Te journey to the United States Mexico
border is notoriously dangerous. As a result, migrant
smuggling via Latin America is constantly changing.
Immigration enforcement, corrupt ofcials,
immigration policies, and even weather conditions
afect the actions of smugglers (including the routes
used, modus operandi, and fees charged).
22
Ethnic Chinese migrant smugglers (often referred
to as snakeheads) are well versed in international
visa waiver agreements, and are quick to exploit any
opening.
23
Faced with a sudden infux of Chinese
migrants in the mid-2000s, countries like Colombia
and Ecuador had to adapt their visa regimes. Even
where conditions appear strict on paper, countries
without the capacity or motivation to scrutinize
visa applications may become conduits for migrant
smuggling.
In many countries, Chinese tour groups are granted
visas under the Approved Destination Status visa
programme. Any country wishing to receive Chinese
tour groups must assent to this programme, under
which blanket visas are granted to licensed Chinese
tour operators. It has been alleged that certain
operators will charge an additional fee for those
wishing to disappear part way through their tour.
Although tour operators are subject to sanctions
if their charges abscond, this may be a source of
smuggled migrants in some countries.
A number of countries in Africa will award visas
upon arrival for a fee, and with growing Chinese
engagement with the continent, smuggling though
Africa is likely to increase.
24
Te United Kingdom
Border Agency, which continues to monitor
passenger movements out of Hong Kong (China),
recently observed a shift from Latin American and
Caribbean transit countries to African ones.
23
UNODC communication with the Human Smuggling and Trafcking
Center (HSTC), United States 2011.
24
UNODC communication with the Canada Border Services Agency
(CBSA) 2011.
Vietnamese indoor cannabis cultivation
Vietnamese organized crime groups are gaining a reputation as specialists in cannabis cultivation,
particularly indoor cultivation. Vietnamese cannabis farms have been detected in Australia, Canada, the
Czech Republic, Germany, Poland, the United Kingdom and the United States. Te situation in the United
Kingdom has been particularly well documented with police raiding an average of 500 cannabis farms per
month in 2010. Although many of these were controlled by British criminal organizations, Vietnamese
gardeners were often preferred over local labour.
19

Research suggests that migrants are encouraged to work in cannabis farms as a way of rapidly paying of the
debts accumulated through the process of smuggling.
20
Exploitation and trafcking in persons, however,
can occur. In 2010, the UKs Child Exploitation and Online Protection Centre identifed 58 Vietnamese
children who were allegedly trafcked, and of these, 39 were working on cannabis farms.
21

19
UK Association of Chief Police Ofcers 2012
20
Silverstone and Savage 2010
21
Child Exploitation and Online Protection Centre 2010
22
UNODC communication with the Human Smuggling and Trafcking
Center (HSTC), United States 2011.
30
1 C C 1 A L A
For countries and territories that do require visas,
forgery and fraud are big issues. European authorities
report that the majority of smuggled Chinese
nationals enter Europe by air using a combination
of genuine as well as forged or fraudulently obtained
documentation from China, Hong Kong (China),
Japan, Malaysia, the Republic of Korea, Singapore,
and Taiwan (Province of China).
25
Mexico does
not require visas for nationals of Japan or Hong
Kong (China), so Chinese nationals may enter with
illicitly obtained passports from these countries and
territories.
Visa fraud, carried out with the assistance of skilled
specialists, is often based in China and Tailand.
Fake invitations to attend conferences, business
meetings, cultural events, or trade shows are
commonly used by smugglers to secure genuine visas.
Admission forms to educational programmes are also
used.
26

An emerging migrant smuggling scheme involves
employment-based fraud.
27
False companies are
created in Europe and sold to Chinese nationals.
A Chinese citizen applies for residency permits for
himself and his family as the Chief Executive Ofcer
(CEO) of the frm he owns. Others may receive
permits as employees of this company.
Another scheme popular with Chinese smugglers is
marriage fraud. Arranged marriage to a European or
United States citizen is an efective and relatively fast
way to gain residency in Western countries. In 2006,
Europol detected more than 8,000 cases of marriage
fraud, but the number of cases is undoubtedly much
higher.
28

It is almost impossible to stop fraudulent schemes
at the port of entry because these migrants hold
genuine passports or visas - the only illegal aspect
is their intentions. Bribery of checkpoint personnel
is often used to ensure safe departure. To combat
corruption, the Chinese government has instituted
mandatory rotations of border personnel.
29
Because Chinese citizens cannot usually fool their
own border protection agents, many use their
genuine passports to depart the country. Once
outside, many switch to forged or fraudulently
obtained documentation. Documents may be
prepared in China and sent to Europe. At a pre-
selected point (e.g., when in transit at an airport), the
smuggler provides new travel documents and tickets
to the chosen destination. It is common practice to
use Asian passports that do not require visas for the
European Union, such as those of Japan, Hong Kong
(China), Malaysia and the Republic of Korea.
30
Tis
is indicative of a growing trend. In Europe, between
2009 and 2010, Frontex reported a 12% increase
in the use of fraudulent travel documents. While
one-third of these were forged passports, 15% of the
fraudulent travel documents were altered authentic
passports.
31

As Latin America is the preferred fight destination
for smuggled Chinese migrants headed for North
America, Eastern Europe is often the transit region
of choice for those headed for Western Europe. A
typical route would follow the following pattern.
First, arrive in Russia (Moscow in particular), the
Ukraine or Belarus by plane. Ten travel overland
into Schengen countries
32
such as Poland, Slovakia,
Czech Republic, Hungary, Germany, or Austria.
Ten travel to the intended target countries of
the United Kingdom, France, Belgium, or the
Netherlands, typically by car, lorry, or train.
33
Italy
and Spain are also popular destinations.
34
Another
popular route is to travel by air to Moscow or
Belgrade and then travel by vehicle or on foot
to Greece via the former Yugoslav Republic of
Macedonia. Once in Greece, smuggled migrants
continue on to their chosen European Union
destination.
35
Some migrants make the journey to Europe entirely
by land. For example, a Chinese migrant arrives in
30
UNODC communication with ORCIEST, 2011
31
Europol 2011b
32
Te countries that are part of the Schengen Area allow the freedom of
movement within and between the members. Tis means that irregular
migrants can move across national borders within these countries without
needing to ofcially cross at border checkpoints.
33
UNODC communication with the Austrian Federal Criminal Intelli-
gence Service 2011; UNODC communication with GASIM 2011.
34
UNODC communication with the Austrian Federal Criminal Intelli-
gence Service 2011; UNODC communication with GASIM 2011.
35
Europol 2011c
25
UNODC communication with GASIM 2011; UNODC
communication with OCRIEST 2011
26
UNODC communication with OCRIEST, 2011
27
Europol 2011a
28
Europol 2010b
29
Zhang 2008
31
Chapter 3
Moscow via the Trans-Siberian
railway. A smuggler meets the
train and takes the migrant to
a hotel until another smuggler
takes him or her to Prague by
train. A car then meets the
train to take the migrant to
the German border where the
green border (i.e., not an ofcial
border entry point, but across a
feld, forest, or river) is crossed
either on foot or by lorry.
36

From Germany, the smuggled
migrant remains or proceeds to
the fnal preferred destination.
From Viet Nam, organised
smuggling networks use a
range of methods to smuggle
migrants into and within
Europe. For example, it is
common for smugglers to provide migrants with
forged or altered documents or genuine documents
under false identities, as described above, before
leaving Viet Nam or en route, often with the help
of corrupt consular ofcials. Te migrants fy to
Moscow, Minsk, or Kiev and then continue overland
into the European Union. Once the migrants
reach Europe, the travel documents are usually
returned to the criminal network.
37
If the United
Kingdom is the preferred destination, Iraqi Kurdish
smuggling networks based in Belgium and France
are subcontracted for this service. In and around the
French port of Calais, migrants wait in illegal camps,
often for long periods of time, to cross the English
Channel into the United Kingdom.
38
Tey are often
transported in vans with hidden compartments or
concealed among commodities in lorries.
39

Another popular smuggling route is from Turkey
to Greece, onwards to Italy, and through Central
Europe to Belgium, before continuing to the United
Kingdom as the fnal destination.
40
Iraqi nationals
are known to smuggle hundreds of migrants along
this route mainly from Iraq and Afghanistan, but also
from Viet Nam and China.
41
Smuggled into Belgium
by an Indian network, the migrants are then handed
over to the Iraqi smuggling network who facilitate
the onwards journey to the United Kingdom.
Although it is not yet known if the Indian and Iraqi
networks were subcontracted by Vietnamese and
Chinese smuggling networks, both groups are known
to outsource services to locally based networks
(e.g., Czech, Iraqi, Serbian and Turkish) in transit
countries.
On fnding a suitable smuggler, Vietnamese
smuggled migrants pay a deposit from US$1,000 to
US$2,000 so the smuggler can obtain the required
fraudulent documentation.
43
Te passport is not
given back to the migrant until full payment is
received. Once the migrant has reached the European
Union (e.g., Czech Republic), the migrant is asked if
the United Kingdom is the fnal destination. If yes,
the migrant pays an additional fee to an associate
of the European-based smuggling coordinator with
cash carried from Viet Nam.
44
Typical amounts are
around US$600 for the journey to France, and then
an additional US$4,700 from France to the United
Kingdom (which requires leaving the Schengen area).
All fnancial fows between Viet Nam and Europe
are managed internally by the smuggling network
through a hawala-like system. A broker in Viet Nam
36
Chin 2007
37
COSPOL 2011
38
UNODC communication with OCRIEST 2011
39
Europol 2011b
40
Europol 2010a
41
Europol 2010a
42
UNODC communication with UKBA 2011
43
Neske 2011
44
Neske 2011
Figure 5: Top fve destinations of suspicious Chinese passengers
travelling out of Hong Kong (China) in 2009-2010 and 2010-2011
S u k 8 A
42
Cuba
Cuba
Bolivarian
Republic of
Venezuela
Zambia
Madagascar
Mozambique
Panama
Trinidad and
Tobago
Nicaragua
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2009-10 2010-11
Bolivarian
Republic of
Venezuela
32
1 C C 1 A L A
is given the cash and arranges payment to another
broker in the European Union.
45
If the smuggling
operation is unsuccessful, a portion of the fee paid is
refunded to the migrants family.
46
3. Who are the smugglers?
Chinese and Vietnamese smuggling networks are
capable of managing all phases of smuggling from
the source to the destination countries. Yet, both
groups are known to outsource travel through
transit countries as well as entry into the destination
countries to locally based networks (e.g., Czech,
Hungarian, Iraqi, Serbian, and Turkish networks).
47

Tese are business relationships requiring frequent
contact between smugglers of the two networks in
order to ensure that both parties adhere to their
respective agreements.
48
At times, there is even
collusion between Chinese and Vietnamese networks.
For example, Chinese smugglers see the Vietnamese
in the Czech Republic as local specialists because of
the well-established diaspora.
49

Located at various points along the diferent routes,
Chinese smugglers are primarily male between 20 to
50 years of age with no prior criminal history.
50
Te
Chinese smugglers based in the European Union
have typically lived abroad, legally, for a long time.
Tus, they have the connections and networks
needed in transit countries to facilitate the various
phases of the smuggling process.
51
Although Chinese
smuggling networks are male-dominated, women are
also involved. It is estimated that approximately one
out of eight Chinese smugglers are women.
52
Less is
known about the smugglers of Vietnamese migrants
even though Vietnamese smuggling networks are well
established throughout Europe.
(. Hou bi is the jou?
Not all irregular migrants are smuggled. However,
while survey data on the share of irregular Chinese
and Vietnamese migrants is not available, there are
many reasons to believe that most are smuggled.
Tese migrants pay a large amount to be smuggled,
many times their average annual income in the
country. If there were easy alternatives to paying
smugglers, it is unlikely that the smugglers would
be able to charge such large amounts. Te distance
to be travelled to the destination countries is great
and often involves transiting countries with which
the migrants are unlikely to have much familiarity.
For example, migrants may be able to enter Kosovo
or certain African states without a visa, but they
would have to be exceptionally resourceful to
proceed on their own from there. Te vast majority
of migrants from origins much closer to the
destination countries, like those from Mexico, make
use of smugglers. Given this knowledge, it would be
surprising if Chinese migrants did not make use of
smugglers.
In the year 2000, the United States government
estimated that 30,000 to 40,000 Chinese migrants
were being smuggled into the United States each
year. In 2007, one academic placed this number
between 50,000 and 100,000.
53
While these numbers
represent only 1% to 6% of the recognised 2.2
million Chinese-born people in the United States,
the range represents between one-quarter and three-
quarters of the 130,000 irregular Chinese migrants
the United States government estimates were present
in that country in 2010.
54
In other words, the
estimates of the annual infow are almost as large as
the entire irregular community.
Tis would suggest one of several possibilities;
migrants entering irregularly are normalising
their status at a very rapid rate;
there are high rates of migrant return, so that
migrants are leaving almost as fast as they are
arriving;
the size of the Chinese irregular migrant
population has been substantially
underestimated;
the inward fow has been substantially
overestimated.
In recent years, around 2,000 Chinese irregular
migrants have been detected annually. Of the 1,970
Chinese irregular migrants detected in 2010,
55
1,157
45
Neske 2011
46
Neske 2011
47
Europol 2011c
48
Europol 2011c
49
COSPOL 2011
50
Zhang and Chin 2004
51
Neske 2011
52
Soudjin 2006
53
Zhang 2007
54
Hoefer and others 2011
55
Hoefer and others 2011
33
Chapter 3
(59%) were detected at the border.
56
Te other 41%
(813 migrants) were detected inside the country.
Tese people may have been detected the same
year they entered, or they could have been resident
without documentation for years.
Based on extensive survey data, the intercept rate
for Mexican migrants attempting to cross the
border clandestinely is about 20%.
57
If the same
rate were applied to the lower end of the ofcial US
estimates for Chinese being smuggled, this would
imply as many as 6,000 illegal border crossers in
2010. Survey data suggests that as many as 45%
of irregular migrants simply overstay their visas.
58

Again, applying this rate to Chinese migrants would
imply that another 6,000 irregular migrants could be
visa over-stayers, yielding a total of around 12,000
irregular migrants in 2010. Tis is less than the
estimates cited above, but reasonable if the true size
of the resident Chinese irregular migrant population
was really 130,000 in that year.
In 2008, the cost cited for Chinese migrant
smuggling to the United States was around
US$50,000,
59
but more detailed European data
suggests a range of prices depending on the exact
service provided provision of a false conference
invitation would cost considerably less than an
arranged marriage or a circuitous clandestine border
crossing arrangement. Assuming this premium price
is paid by all migrants, and assuming virtually every
irregular migrant had used a smuggler, the 2010 fow
could be valued at as much as US$600 million. Te
actual value is probably less, however, and there is a
need for survey data to confrm these estimates.
Te number of Vietnamese being smuggled to the
United States is likely much lower. For example, only
some 55,000 Vietnamese received non-immigrant
visas to the US in 2010, compared with over 1
million Chinese. Since visa overstays contribute
about half of all irregular migrants, this would
suggest that Vietnamese irregular migrants are
about 5% of the Chinese total, or fewer than 1,000
migrants, with a resulting fow worth at most US$50
million.
Te number of irregular Asian migrants detected
in Europe is much higher. A small and declining
number of Chinese and Vietnamese irregular
migrants are apprehended crossing between ofcial
border points (see Figure 6). A larger but also
declining number of Chinese and Vietnamese
irregular migrants are denied entry at the border,
including migrants concealed in vehicles to those
arriving in an airport without a visa (see Figure
7). Combining the two together, there were 1,842
border detections of Chinese irregular migrants in
2010. Although the data is not directly comparable,
both of these fgures appear to be smaller than in the
United States.
But a large number between 15,000 and 20,000
per year of Chinese and Vietnamese irregular
migrants are discovered staying in the EU illegally.
Either they managed to successfully enter the EU
clandestinely and were only caught later, or they
entered legally and overstayed their visas.
56
Sapp 2011
57
UNODC 2010
58
Pew Hispanic Center 2006
59
Zhang 2008
291
165
138
63
34
40
0
50
100
150
200
250
300
350
2008 2009 2010
China Viet Nam
Figure 6: Illegal entries between ofcial border
crossings
S l 8 A n l8An
60
4999
2857
1704
155
229
162
0
1000
2000
3000
4000
5000
6000
2008 2009 2010
China Viet Nam
Figure 7: Refusals of entry to the EU
S l 8 A n l8An
61
60
UNODC communication with Frontex 2011
61
UNODC communication with Frontex 2011
34
1 C C 1 A L A
Just fve countries are home to the majority of the
Chinese-born population in Europe: Italy, Spain,
the UK, France, and Germany. Based on historic
data, it appears that the authorities in these countries
apprehend around 12,000 illegally-resident Chinese
each year, or about fve to six times as many as the
US (see Figure 8). If detection rates were similar, this
would imply as many as 72,000 Chinese irregular
migrants entered the EU in 2010, but this would be
difcult to believe: the Chinese-born population of
Europe (around 750,000) is about one-third the size
of that in the United States.
It is possible that irregular migrants make up a much
larger portion of the entire Chinese-born population
of Europe than in the US. Te European Union has a
more generous set of welfare provisions, which could
make it both more reluctant to grant licit residence
and a more attractive destination to potential
migrants. Perhaps irregular migrant detection rates,
particularly for visa over-stayers, are much higher
than in the US because irregular migrants represent
a greater potential cost to EU member states. If
detection rates were twice as high, this would
suggest that there are up to 36,000 Chinese irregular
migrants in the EU.
Fees range from US$7,800 to US$27,000 for
smuggling migrants from China to the European
Union.
62
Premised on the basic assumption that all
the irregular migrants use smugglers, and using an
average price of around US$17,000, this suggests an
income for smugglers of as much as US$600 million
per year.
Figure 8: Chinese found to be illegally present in
EU countries in 2011
S L
2850
1855
1630
1290
920
3195
0
500
1000
1500
2000
2500
3000
3500
United
Kingdom
Spain Germany Italy France Others
Roughly half as many Vietnamese are detected
as Chinese, suggesting a fow of perhaps as many
as 18,000 migrants. For Vietnamese irregular
migrants, Europol reports that smuggling services
to the European Union cost from US$9,450 to
US$31,000.
63
If Vietnamese smugglers are paid the
same as Chinese, this would result in an income for
smugglers of around US$300 million. Tis would
imply a European fow for both national groups
worth about US$900 million per year.
64

62
UNODC communication with GASIM 2011. With ADS schemes,
travel agencies are said to charge a fee of US$6,750 for travellers wishing
to remain illegally in the European Union at the end of the trip, accord-
ing to the Europol 2011c. To reach the United Kingdom, the cost is
higher, with smuggling networks charging approximately US$33,000,
according to Europol 2011c. Schemes involving immigration fraud
(e.g. fake companies to secure residency permits) cost even more, with
smugglers charging US$30,000 to US$44,500 per person, according to
the Europol 2011a.
63
Europol 2011a. Other research indicates costs are lower, with a smug-
gling operation to the Czech Republic costing US$7,000, which includes
fraudulent documentation. A trip to reach the United Kingdom costs
around US$20,000 to US$22,000. See Neske 2011.
64
Please note that the estimated numbers in this chapter are drawn by
employing various published sources which are not ofcial national data
approved by either the China or Viet Nam government.
Figure 9: Vietnamese found to be illegally present
in EU countries in 2011
S L

2012
1955
1645
1200
670
340
300
370
0
500
1000
1500
2000
2500
Germany United
Kingdom
France Cyprus Czech
Republic
Poland Others
Figure 10: Chinese deportable aliens located in
the US
S uS u P S
547
679 661
679
998
1,225
1,252
1,362
864
789
0
200
400
600
800
1,000
1,200
1,400
1,600
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
35
Chapter 3
After a peak in the mid-2000s, the number of
irregular Chinese migrants detected in the US has
declined in recent years. Te number of irregular
migrants detected in Europe from both China and
Vietnam are declining. Since there are no indications
of declines in enforcement, these changes likely
represent a decline in fow of irregular migrants.
Figure 11: Total number of Chinese and
Vietnamese found to be illegally present in EU
countries
S L
17,025 17,070
15,350
11,740
7885
12,990
9215
6480
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
2008 2009 2010 2011
China Viet Nam
36
1 C C 1 A L A
N
o
t
e
:

t
h
e

a
r
r
o
w
s

r
e
p
r
e
s
e
n
t

i
n
d
i
c
a
t
i
v
e

r
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37
Chapter 4
MIgrunL smuggIIng Irom SouLI und WesL
Asia through Southeast Asia to Australia
and Canada
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
38
1 C C 1 A L A
1. Deadly risks and loss of human
life smuggled migrants are exposed to
deadly risks, including loss of life, en route
to destination. Tousands of migrants
die each year during the process of illegal
migration.
2. Human rights abuses irregular
status of migrants creates vulnerabilities to
discrimination, exploitation, and trafcking
in persons. Smuggled migrants often end
up with dangerous jobs. Tey are often
excluded from health, education and other
social welfare provisions.
3. Economic impact the illegal
economy creates unfair competition, and
undermines wages and social protection, loss
of legitimate tax revenue for governments.
4. Treat to state security migrant
smuggling is a high-proft / low-risk crime.
It empowers criminals and undermines state
security due to links with organized crime,
violence, and corruption. People cross
borders without the host states consent and
knowledge.
5. Corruption fuels corruption among
public ofcials.
6. Cost of law enforcement costs
to the state to improve border security
measures, conduct search and rescue
operations (e.g. with maritime smuggling),
and provide protection and assistance.
NATURE OF THE THREAT
39
Chapter 4
Te dynamics behind the smuggling of migrants
from the Middle East as well as West and South
Asia are complex because a large proportion of
smuggled migrants are either refugees or intend
to claim asylum upon reaching their destination.
1

Consequently, the smuggling of asylum-seekers
presents particular policy
challenges for destination
countries, such as Australia
and Canada. On the one
hand, such destination
countries need to maintain
sovereign control over their
borders and manage the fow
of irregular migrants. On the
other hand, these countries
are also obliged, through their
international commitments,
to respect the rights of
asylum-seekers and protect
refugees.
2

Te main focus of this
chapter is on the smuggling
of migrants from Afghanistan,
the Islamic Republic of
Iran, Iraq, and Sri Lanka, and stateless individuals
who travel through Southeast Asia in order to
enter Australia and Canada by sea. Of the irregular
maritime arrivals who lodge asylum applications in
Australia, the majority are from the aforementioned
four countries. Canadian authorities are currently
largely concerned about the smuggling of Sri Lankan
Tamils by sea after two boats were intercepted in
2009 and 2010.
1. What is the nature of the market?
People migrate continuously with the help
of smugglers for a range of reasons to seek
employment and higher earnings, to reunite
themselves with their families, to fee internal
confict, persecution, and hardship, to beneft from
better education, or to fnd adventure overseas.
A signifcant factor that fuels migrant smuggling in
the Middle East as well as South and West Asia is
past and ongoing internal conficts which have led
to the displacement of people feeing persecution,
war, and economic hardship. Past conficts or
ongoing conficts (or both) in Afghanistan, Iraq,
and Sri Lanka have caused people to seek asylum
in developed countries, including Australia and
Canada. According to the United Nations High
Commissioner for Refugees (UNHCR), in 2011,
Afghans (35,729) and Iraqis (23,460) were among
the top source countries of asylum-seekers in
44 selected industrialised countries. Te Islamic
Republic of Iran (18,128), Pakistan (18,141), and Sri
Lanka (8,521) were also important source countries.
3

1
West and South Asia comprise the countries of Afghanistan, Armenia,
Azerbaijan, Bahrain, Bangladesh, Bhutan, Cyprus, Georgia, India,
Islamic Republic of Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, the Mal-
dives, Nepal, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, Sri Lanka,
Syrian Arab Republic, Turkey, United Arab Emirates, and Yemen.
2
Koser 2011
3
UNHCR 2012
Who is an asylum-seeker?
An asylum-seeker is an individual who has sought
international protection and whose claim for refu-
gee status has not been determined yet.
As part of its obligation to protect refugees on
its territory, the country of asylum is normally
responsible for determining whether an asy-
lum-seeker is a refugee or not. Tis responsibility
is often incorporated in national legislation of
the country and, for State Parties, is derived from
the 1951 Convention Relating to the Status of
Refugees.
Source: UNHCR
Figure 1: Quarterly asylum claims submitted in selected industrialized
regions, 2009 2011
Source: UNHCR 2012
0
20,000
40,000
60,000
80,000
100,000
2009
Q1
2009
Q2
2009
Q3
2009
Q4
2010
Q1
2010
Q2
2010
Q3
2010
Q4
2011
Q1
2011
Q2
2011
Q3
2011
Q4
Australia/NZ Canada/United States
Europe Total European Union (27)
40
1 C C 1 A L A
Te arrival of smuggled asylum-seekers from
Afghanistan, the Islamic Republic of Iran, Iraq,
Sri Lanka, and stateless individuals by boat has
prompted intense public debate in Australia and
Canada. Hence, it is important to put these maritime
arrivals in context. First, the vast majority of refugees
fee to, and subsequently reside in, neighbouring
countries.
4
Second, as Figure 1 above shows, the
majority of people who do seek asylum further
abroad submit claims in European countries.
5

Te number of people seeking asylum in Australia
has fuctuated considerably over the decade.
Smuggled migrants who arrive by boat are classifed
as Irregular Maritime Arrivals (IMAs) and those
who arrive by air as Non-Irregular Maritime Arrivals
(non-IMAs). From 2001 to 2011, the number of
asylum applications lodged by non-IMAs averaged
4,681 per annum with a range from 3,062 to 7,026.
6

Tere is much greater variation in the number
arriving by sea (IMAs). Te annual average was
1,312 from a low of 21 to a peak of 5,175.
7
In the
12 months to 30 June 2011, 55% of onshore asylum
applications were lodged by migrants who arrived
by air and 45% by sea (see Figure 2). A higher
proportion of asylum-seekers who reach Australia
by boat were successful in their applications. Of
fnal protection determinations in 2010 to 2011,
90% of arrivals by sea were granted protection visas
compared to just 44% of those who arrived by air.
8
4
UNHCR 2010
5
UNHCR 2012
6
UNCHR 2012
7
UNODC communication with DIAC 2011. Numbers difer from the
data presented in How Big is the Flow section because data presented in
Table 3 is according to fnancial year.
8
Markus 2012
9
DIAC 2011; also see Markus 2012.
10
DIAC 2011
11
DIAC 2011
Figure 4: Refugee status determination requests
by top countries of citizenship (2010 2011) in
Australia by irregular maritime arrivals
S ulAC
Afghanistan
31%
Islamic Republic
of Iran
30%
Stateless
17%
Iraq
11%
Sri Lanka
7%
Other
4%
S ulAC
Figure 3: Asylum claims lodged by Afghan,
Iranian, Iraqi and Sri Lankan nationals while in
Australia after arrival by air
0
10
20
30
40
50
60
70
80
Afghanistan
Islamic Republic
of Iran
Iraq
Sri Lanka
Out of the irregular maritime arrivals who lodged
asylum applications in 2010 to 2011 in Australia
(see Figure 3), the majority originated from
Afghanistan (31%), the Islamic Republic of Iran
(30%), Iraq (11%), and Sri Lanka (7%). A further
17% were stateless, of which a proportion were likely
Rohingyas from Myanmar, who are not recognised as
citizens by the Myanmar government (see Figure 4).
A notable trend is the rise in smuggled migrants from
the Islamic Republic of Iran 30% in 2010-2011
compared to 4% in 2009-2010.
10

Te majority of smuggled migrants from
Afghanistan, the Islamic Republic of Iran, Iraq, and
Sri Lanka are single males below 40 years of age (see
Figure 5). In 2010-2011, of arrivals by sea, 83%
were male (4,308 out of 5,175), with the largest
proportion between 18 to 30 years old (44%).
11
Figure 2: Number of applications lodged in
Australia (onshore) for protection visas, 2001
2011
S A u l C ulAC
2011

0
1000
2000
3000
4000
5000
6000
7000
8000
IMA (sea)
Non-IMA (air)
41
Chapter 4
It is often difcult to distinguish bona fde refugee
applicants from those irregular migrants who use
asylum and refugee protection systems to facilitate
their travel and entry into the destination country.
People not in need of protection, as well as the
migrant smugglers who facilitate their movement,
also resort to asylum channels in an attempt to gain
temporary or permanent stays in countries such
as Australia or Canada. At the same time, genuine
asylum-seekers and refugees also seek the assistance
of migrant smugglers.
Asylum-seekers are an important clientele for people
smugglers. Strengthened law enforcement activities
in transit and destination countries means it is often
more difcult for asylum-seekers to reach countries
of their choice. Consequently, individuals employ
the services of human smugglers for their specialised
knowledge (e.g., the least risky routes) to reach
certain countries. Australian authorities believe that
migrant smugglers are well attuned to changing
government policies and aim to exploit softer
enforcement practices through whatever means and
routes available to them.
12

In addition to the prospects of being granted
asylum, other major pull factors are existing
communities and strong diaspora ties in Australia
and Canada. Canada, for example, has the largest
Tamil population (over 300,000) outside Sri Lanka
and India. Under the circumstances, it is not
surprising that all of the smuggled Tamils onboard
the Ocean Lady and the MV Sun Sea ships in 2009
and 2010 made asylum claims when they reached
Canadian shores.
13
Existing social networks provide
potential migrants or asylum-seekers with trusted
information, fnancial loans for smuggling fees, and
assist with immediate arrival challenges, such as
overcoming language barriers in addition to fnding
accommodation and employment. Social networks
can also act as advocates as the Canadian Tamil
Congress did in the case of the detained smuggled
asylum-seekers from the MV Sun Sea.
Australia and Canada are attractive destinations for
a variety of political, economic and social reasons.
Moreover, both are signatories of the 1951 UN
Convention Relating to the Status of Refugees and
adhere to their commitments. In comparison with
other countries, they have relatively open immigration
policies as well as well-working welfare systems.
Australia and Canada were also relatively unafected
by the recent global economic crisis. Consequently,
their economies remained fairly stable. Nationals
from Afghanistan, the Islamic Republic of Iran, Iraq,
Sri Lanka, and other states (e.g., the Rohingyas from
Myanmar) believe opportunities in these countries are
worth the risks of being smuggled by sea.
Te decision to seek asylum from the Middle East
as well as South and West Asia is not often an
individual decision but a group one. Te decision
is frequently made by the male members of the
household,
14
and either the oldest son or father will
often depart frst.
15
Other family members follow
once protection is granted in Australia, Canada,
or other destination countries. In 2011, however,
Australian Department of Immigration and
Citizenship (DIAC) authorities noted an increase in
the arrivals of families. DIAC authorities contend
the increase is due to adjustments in border policies
that stipulate children and families are to be kept
in community based accommodations rather than
detained in immigration detention centres. With
regard to the Sri Lankans smuggled by boat to
Canada, their profles were similar. Among those
smuggled migrants of Tamil origin, the majority
were from middle class families or were single men
between 20 and 40 years of age.
16
Tere were no
unaccompanied children. All of the MV Sun Sea
12
UNODC communication with DIAC 2011
13
Canadian Government Presentation at the Inter-Regional Workshop
on Improving Evidence-Based Knowledge on Migrant Smuggling from,
through and within Southeast Asia, Bangkok, Tailand, December 2010.
14
Neske 2006
15
UNODC communication with DIAC 2011; Neske 2006
16
UNODC communication with Royal Canadian Mounted Police
(RCMP) 2012
Figure 5: Australian irregular maritime arrival
refugee status determination requests received by
sex
S ulAC
650
4271 4308
40
320
867
0
500
1000
1500
2000
2500
3000
3500
4000
4500
5000
2008-2009 2009-2010 2010-2011
Male
Female
42
1 C C 1 A L A
passengers claimed asylum and were not detained
upon arrival in Canada. As stated previously, law
enforcement authorities in Australia as well as
Canada believe smugglers are attuned to changing
government policies and aim to exploit weaknesses in
enforcement policies and practices through whatever
means and routes available to them.
17
z. Hou is smulin conducted?
Te smuggling of migrants from Afghanistan, the
Islamic Republic of Iran, Iraq, and Sri Lanka to
Australia and Canada proceeds along a number of
well-established paths, although the exact route a
smuggled migrant may take is rarely predetermined.
Depending on the intended destination, a variety
of routes and methods are used. Typically, migrant
smugglers use a combination of legal and illegal
strategies to transport migrants from place to place
along the route to the destination.
From South and West Asia to Australia
Although boats frst began arriving in the 1970s
from Viet Nam, a new wave of maritime arrivals
(see Figure 6) from the Middle East and the Asian
region Afghanistan, the Islamic Republic of Iran,
Iraq, Sri Lanka, and Myanmar (stateless Rohingyas)
in particular were recorded in the late 1990s.
18

Indonesia is the main departure point (discussed
below) for smuggled migrants hoping to reach
Australia by boat and claim asylum. In order to reach
Indonesia, a number of routes are used. Smuggled
migrants from Afghanistan typically cross by bus
or on foot into Pakistan or the Islamic Republic of
Iran at ofcial and unofcial land borders.
19
From
Pakistan or the Islamic Republic of Iran, smuggled
Afghans travel by air to Malaysia. Once in Malaysia,
they travel by either bus or train, or are ferried by
boat to Indonesia where they change to another boat
bound for Australia.
Iranians and Sri Lankans use a more direct route.
Tey are generally smuggled by air (see Figure
7) to Malaysia or Indonesia. Tey then take a
boat bound for Australia. From Iraq, smuggled
migrants fy direct to Malaysia or stopover in transit
destinations, such as Jordan or the Islamic Republic
of Iran, before continuing on to Indonesia. Finally,
smuggled migrants from Myanmar travel overland
through Tailand to Malaysia, and then on to
pooling locations in Indonesia before completing
the fnal leg of the journey to Australia by sea. Other
routes include lawful travel to Southeast Asia (e.g.,
Indonesia, Malaysia, or Tailand) via the Gulf States
(e.g. the UAE), which legitimises their trip having
gained departure stamps in genuine passports from
authorised immigration counters. Tis method
provides smuggled migrants with a relatively quick
and safe method of travel to the pooling location.
Smugglers take advantage of the relatively agreeable
visa conditions ofered by Malaysia and Indonesia.
For example, Iranians and Iraqis are granted visas
on arrival or visa-free access for a period of up to
one month. For nationals from Afghanistan, Sri
Lanka, and Iraq, who require a visa prior to arrival,
the migrant will seek out a smuggler at the point of
origin. Te smuggler will provide documentation
with which the migrant can assume a false identity
by means of: a genuine passport that is physically
altered by photo substitution or insertion of a
visa page; an entire passport that is fabricated;
visa pages that are fabricated; a genuine passport
or visa fraudulently obtained through stolen or
illegally-obtained paperwork; or a genuine passport
stolen or purchased from the black market.
20
On
occasion, smugglers have actually accompanied the
migrants all the way from the country of origin (e.g.,
Afghanistan) by air to Indonesia.
Once in Indonesia or Malaysia, smuggled migrants
are transported by car or bus to pooling locations
where they wait to be notifed of the time and
location of departure by boat to Australia.
21
Te
waiting period ranges from two weeks to several
months, and the time is spent in apartment-
style hotels near the departure harbour.
22
A small
proportion of prospective asylum-seekers travel
independently to boat departure points, but then
engage the services of a smuggler simply to reach
Australia by boat.
23

17
Mountz 2010
18
Phillips and Spinks 2012
19
Indonesian National Police Presentation at the 2nd Inter-Regional
Workshop on Improving Evidence-Based Knowledge on Migrant Smug-
gling from, through, within and to Southeast and East Asia, Bangkok,
Tailand, October 2011.
20
Indonesian National Police Presentation at the 2nd Inter-Regional
Workshop on Improving Evidence-Based Knowledge on Migrant Smug-
gling from, through, within and to Southeast and East Asia, Bangkok,
Tailand, October 2011. Indonesians are discussing the possibility of
relaxing its visa policy for Sri Lankans in 2012.
21
Indonesian National Police Presentation at the 2nd Inter-Regional
Workshop on Improving Evidence-Based Knowledge on Migrant Smug-
gling from, through, within and to Southeast and East Asia, Bangkok,
Tailand, October 2011.
22
UNODC communication with DIAC 2011
23
UNODC communication with DIAC 2011; UNODC communica-
tion with Australian Federal Police (AFP) 2012
43
Chapter 4
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44
1 C C 1 A L A
Te boats carrying smuggled migrants from
Afghanistan, the Islamic Republic of Iran, Iraq,
and Sri Lanka depart from Indonesia because of its
close geographical proximity to Australia. Tey head
directly for the Australian territories of Christmas
Island (about 340 km from Java) and Ashmore Reef
(about 150 km from the Indonesian Island of Roti).
24

Several departure points and harbours are used by
boats travelling to Australia. It is rare for a boat to
head directly for the coast of the Australian mainland
itself.
In the year 2000, Australia signed a regional
cooperation agreement with Indonesia, under which
Indonesia is provided with fnancial and technical
support to intercept smuggled migrants before they
start their journeys to Australia. Te agreement did
not immediately curb the number of boats, but it
did raise the stakes as smaller operators were forced
out of smuggling operations.
25
Sea crossings became
increasingly dangerous as smugglers switched to
cheap, small, and poorly-maintained fshing vessels
to increase their profts. Consequently, voyages are
even more hazardous. Smugglers expose migrants
to tremendous risks as was dramatically illustrated
in 2001 when the SIEV X, a severely-overloaded
small fshing boat, sank of the coast of Indonesia
en route to Christmas Island, killing 146 children,
142 women and 65 men from Iraq, Pakistan,
Afghanistan, and Algeria.
Since 2001, boats have continued to sink of the
coast of Christmas Island, including a recent
incident reported in June 2012 when Australian
authorities were called to rescue around 200 Afghan
smuggled migrants of the coast of north-western
Australia. Just 108 migrants survived.
26
Six days later,
130 smuggled migrants were rescued from a second
vessel. Indonesian boat captains, who are willing
to take advantage of the money on ofer to move
the smuggled migrants to Australia, are recruited
by smugglers to undertake the voyage to Christmas
Island or Ashmore Reef.
27
Boat captains will
normally steer the boats into international waters,
hand over control to junior crew members, and then
return to Indonesia via a support vessel supplied by
the smuggling network to avoid either being caught
by Indonesian or Australian authorities or drowning
at sea if conditions become hazardous.
28
Boats are
continuously intercepted before reaching Australian
shores. During the single month of January 2012,
four boats were intercepted southwest of the
Ashmore Islands.
According to Australian authorities, these smuggling
methods are tried and tested. As a result, they
have not varied much in recent years. However, as
certain countries in the region criminalise migrant
smuggling, such as Indonesia, it is expected that
smugglers will respond by looking at alternative
departure points. Remote islands with limited
border security to the north of Australia, such as the
Democratic Republic of Timor-Leste and Papua New
24
Karlsen 2011
25
Crock and others 2006
26
Te Economist 2012 Boats Sink, Parliament Flounders, Te
Economist, 28 June 2012
27
Te Economist 2012 Boats Sink, Parliament Flounders, Te
Economist, 28 June 2012
28
UNODC communication with DIAC 2011
Figure 6: Irregular maritime arrivals to Australia
by select nationalities (2011-2012)
S ulAC S
Afghan, 3165
Iranian, 1398
Iraqi, 363
Sri Lankan,
1101
Figure 7: Attempted unlawful entry by air
(Refused entry at the air border and interdicted
ofshore) by individuals of Afghan, Iranian, Iraqi
and Sri Lankan nationality.
S ulAC
0
50
100
150
200
250
300
350
400
450
500
2006/07 2007/08 2008/09 2009/10 2010/11
Afghan
Iranian
Iraqi
Sri Lankan
45
Chapter 4
Guinea, are possible embarkation points for Middle
Eastern as well as South and West Asian migrants.
29

From South and West Asia to Canada
Since 1985, Canada has been the global destination
of choice for asylum-seekers from Sri Lanka. For
asylum-seekers from Afghanistan, Iraq, the Islamic
Republic of Iran, and Myanmar, Canada is a
secondary option, with preference instead given
to the European Union and/or the United States
of America.
30
Although, as indicated above, most
smuggled migrants who seek asylum enter Canada
by air or land, boat arrivals have increased in recent
years.
31

In May 2009, more than 25 years of confict came
to an end when government forces seized the last
area controlled by Liberation Tigers of Tamil Eelam
(LTTE or the Tamil Tigers), a group of armed
militants who had been fghting for an independent
state of Tamil Eelam. As a consequence, thousands
of Tamil asylum-seekers fed to India, and then on
to Southeast Asia, to await boats that would smuggle
them to countries such as Australia and Canada.
In 2009, the Ocean Lady, carrying 76 Sri Lankan
Tamil male migrants, was the frst boat since the late
1990s to reach the coastal shores of Western Canada.
Te men had been encouraged to migrate largely
through word of mouth from friends, families, and
acquaintances with ties to the Sri Lankan Tamil
diaspora in Canada. It is alleged that the ship set
sail from Mumbai, India, and it is suspected of
having made stops to pick up small groups of Tamils
throughout Southeast Asia. Authorities also suspect
that the ship had been previously involved in arms
smuggling for the LTTE.
32

In August 2010, Canadian authorities intercepted
a second vessel, the MV Sun Sea, of the coast of
British Columbia. On board the ship, which had
travelled from the port of Songkhla in Southern
29
UNODC communication with DIAC 2011; Indonesian National
Police Presentation at the 2nd Inter-Regional Workshop on Improving
Evidence-Based Knowledge on Migrant Smuggling from, through, with-
in and to Southeast and East Asia, Bangkok, Tailand, October 2011.
30
UNODC communication with CBSA 2011
31
In 1999, a ship with 123 smuggled migrants from Fujian province in
China was intercepted by Canadian authorities of the coast of British
Columbia. Over the next couple of months, three more ships arrived at
Canadian shores from China. In total, 599 smuggled migrants arrived
without proper documentation.
32
Perrin 2011
Tailand and then crossed the Pacifc to Canada,
were 492 smuggled Tamil migrants from Sri Lanka
(380 men, 63 women, and 49 children of whom six
were unaccompanied) who had spent three months
at sea. Tailand has become a key transit point for Sri
Lankan asylum-seekers hoping to reach Australia and
Canada by sea. Most smuggled Sri Lankans travel
by air from Jafna to Bangkok legally as tourists, but
then overstay their visas. Others use genuine, but
fraudulently obtained, visas acquired in Colombo.
In the case of the MC Sun Sea, approximately 45
smugglers working in multiple countries (Sri Lanka,
Tailand, Singapore, Malaysia) were involved in
the operation.
33
Te smugglers were involved in
recruitment as well as providing the migrants with
passports and tickets to Bangkok. Subsequently, the
migrants passports and other identifying documents
were confscated, and they spent one to fve months
in apartment-style hotels before being taken at
diferent stages from April to July 2010 to the MV
Sun Sea.
34

A third ship, the MC Alicia, was intercepted by
Indonesian authorities on 9 July 2011, after it
developed mechanical difculties. Te 87 Sri Lankan
asylum-seekers (76 men, six women, and fve
children) refused to leave the ship until they were
assured asylum. Ofcially, the ship was destined for
New Zealand, however, evidence found on board
suggests it was bound for Canada. Authorities believe
that there are pools of Sri Lankan migrants waiting
in transit countries, such as Tailand, who have
already made a down payment and are waiting to
board ships that will take them to Canada. Some
smuggled Sri Lankans have been reportedly waiting
for over a year.
35
3. Who are the smugglers?
Migrant smuggling from Afghanistan, Iraq, and the
Islamic Republic of Iran to Australia and Canada
has developed into a series of small and medium-
sized criminal networks involving a number of
smugglers, including recruiters, helpers, transporters,
drivers, forgers, and other intermediaries located
throughout the Asian region.
36
As Figures 8 and 9
show, smugglers who act as carriers are also common
33
Quan 2011
34
National Post Staf 2011
35
Bell 2011
36
UNODC 2010a
46
1 C C 1 A L A
actors in the migrant smuggling networks.
37
A few
of them are also female.
38
Female smugglers are
preferred because they attract less attention from
law enforcement and border ofcials. Teir service
is required because some smuggled migrants (both
females and males) are not comfortable travelling
independently with fraudulent documents. Smuggled
migrants who are accompanied by smugglers
typically pay higher fees.
Although there are exceptions, most Middle Eastern
as well as West and South Asian smuggling networks
have a loose but predictable hierarchical structure.
Only rarely does one person control the entire
process outside his or her own immediate network.
Depending on the smuggling method and route,
migrant smuggling from Afghanistan, the Islamic
Republic of Iran, Iraq, and Sri Lanka is a multi-
stage process involving several groups of smugglers
who cooperate from the point of origin to the fnal
destination. Although the same ethnic background
is often shared by smugglers and smuggled migrants
(e.g., Afghans), some stages and services are
outsourced to local smugglers (e.g., Indonesians)
in the transit countries. Tey are responsible for
arranging travel documents, accommodation, and
travel, including boat departures for Australia and
Canada. Reputation, too, is important. Prospective
migrants screen for dependable smugglers, relying on
word of mouth for recommendations.
Te networks involved in smuggling
Tamils from Sri Lanka to Australia
and Canada are somewhat diferent
because they are closely linked to the
LTTE. Te LTTE remains listed as a
terrorist organisation under Canadian
law, but not Australian law. Te rebel
separatist network is reportedly engaged
in additional illegal activities, ranging
from the skimming of credit cards to
drug trafcking and maritime piracy.
40

Most smuggling clients are Tamils.
However, authorities suggest that
facilitators also extend their services to
other nationalities, especially those from
elsewhere in South Asia who tend to use
similar routes.
41
Sri Lankan smuggling
networks also are involved in the
falsifcation of documents. Again, clients
are mainly Tamils, but other criminal
groups and individuals outside the Tamil community
will, at times, use their services.
42

37
UNODC 2010a; UNODC 2009a; Indonesian National Police
Presentation at the 2nd Inter-Regional Workshop on Improving Evid-
ence-Based Knowledge on Migrant Smuggling from, through, within and
to Southeast and East Asia, Bangkok, Tailand, October 2011.
38
UNODC 2010a; UNODC 2009a; Indonesian National Police
Presentation at the 2nd Inter-Regional Workshop on Improving Evid-
ence-Based Knowledge on Migrant Smuggling from, through, within and
to Southeast and East Asia, Bangkok, Tailand, October 2011.
39
Indonesian National Police Presentation at the 2nd Inter-Regional
Workshop on Improving Evidence-Based Knowledge on Migrant Smug-
gling from, through, within and to Southeast and East Asia, Bangkok,
Tailand, October 2011.
Figure 8: Afghan smuggling network (Example 1: Amanullah
Rezai)
39
S l n
Afghan
Organiser
Pakistani
accompanies
asylum seekers
(carrier)
Afghan
Field coordinator
Iraqi
prepares visas to
enter Indonesia
Iranian
prepares visas to
enter Indonesia
Afghan
Helper
Indonesian
arranges
accommodation
Indonesian
Boat owner
40
Europol 2010
41
Europol 2010
42
Although Canadian authorities have profle information on the
smugglers involved in MV Sun Sea incident, the details cannot be shared
publicly because the investigation is ongoing.
47
Chapter 4
4. How is the money handled?
Fees vary by mode, route, and time spent in transit.
If a migrant engages the services of a smuggling
network from source to destination, the fee from
the Middle East as well as South and West Asia to
Australia is around US$10,000.
44
If the migrant uses
a piecemeal approach and pays separately for each leg
of the journey, fees can cost up to US$18,000 (see
Figure 10). If a migrant has travelled independently
to a boat departure point in Indonesia and then
engages the services of a smuggler to reach Australia
by boat, the cost is approximately US$5,000.
45

Although the cash fow varies from network to
network, prospective asylum-seekers wanting to
enter Australia will make payments typically in
instalments either directly to smugglers (e.g., the
organisers based in the source countries) or via a
third party (hawala brokers or hawaladars).
46
A cash
Figure 9: Afghan smuggling network (Example 2: Muladad)
43
S l n
Afghan
(Based in Afghanistan)
Organiser
Indonesian
(originally from Pakistan
living in Indonesia)
Field Coordinator
Afghan
(Malaysia)
Facilitator
Pakistani
(Indonesia)
Facilitator
Indonesian
(Indonesia)
Provides boats
Indonesian
(Indonesia)
Provides accomm.
Afghan
(In Jakarta illegally)
Role unknown
Indonesian
(Indonesia)
Provides accomm.
& transportation
Indonesian
(Indonesia)
Facilitates boat
journeys
Indonesian
(Indonesia)
Arranges accomm.
Afghan
(In Jakarta illegally)
Role unknown
Indonesian
(Indonesia)
arranges transport
deposit is paid prior to departure. A
further cash disbursement, carried by
the asylum seeker, is paid to smugglers
along each stage of the route, with the
fnal cash payment made upon reaching
the intended destination. Because most
migrants are young men urged by their
families to seek work or asylum abroad,
parents and other relatives often sell
assets or borrow funds from banks or
informal money lenders to mobilize the
fees.
47
To reach Canada, smuggled Sri Lankans
reportedly paid up to US$45,000 to
board the MV Sun Sea, although the
standard fee collected was approximately
US$25,000.
48
By comparison, the
purchase price of the actual vessel
(MV Sun Sea) was estimated at
US$175,000. Cash deposits ranging
between US$2,500 and US$8,000 paid prior to
departure were used by smugglers to purchase the
ship.
49
Smugglers were paid in Sri Lankan rupees as
well as Canadian and US dollars. Some Sri Lankans
exchanged Sri Lankan rupees into US dollars once
they arrived in Tailand. Similar to other Middle
Eastern and West and South Asian smuggled
migrants, most Sri Lankans sold possessions
to fnance the voyage. Loans from the bank or
private lenders were also used to mobilise fees. Te
outstanding fare was to be paid by relatives in Sri
Lanka and Canada upon arrival.
Sri Lankan criminal networks often invest the
proceeds of migrant smuggling operations in
legitimate businesses, including jewellery, textile, and
newspaper shops as well as TV and radio stations,
which act as front organisations or shell companies.
Sri Lankan organised criminal networks also engage
in a range of criminal enterprises to raise, transfer,
and launder funds.
50
One major area of crime is
credit card fraud, carried out largely through ATM-
skimming schemes. Another area is the production
43
Indonesian National Police Presentation at the 2nd Inter-Regional
Workshop on Improving Evidence-Based Knowledge on Migrant Smug-
gling from, through, within and to Southeast and East Asia, Bangkok,
Tailand, October 2011.
44
UNODC communication with DIAC 2011; Indonesian National
Police Presentation at the 2nd Inter-Regional Workshop on Improving
Evidence-Based Knowledge on Migrant Smuggling from, through, with-
in and to Southeast and East Asia, Bangkok, Tailand, October 2011.
45
Indonesian National Police Presentation at the 2nd Inter-Regional
Workshop on Improving Evidence-Based Knowledge on Migrant Smug-
gling from, through, within and to South-East and East Asia, Bangkok,
Tailand, October 2011.
46
UNODC communication with AFP 2012; Neske 2011
47
UNODC 2011
48
Canadian Government Presentation at the Inter-Regional Workshop
on Improving Evidence-Based Knowledge on Migrant Smuggling from,
through and within Southeast Asia Presentation, Bangkok, Tailand,
December 2010; UNODC communication with RCMP 2012.
49
Canadian Government Presentation at the Inter-Regional Workshop
on Improving Evidence-Based Knowledge on Migrant Smuggling from,
through and within Southeast Asia Presentation, Bangkok, Tailand,
December 2010.
50
Europol 2010
48
1 C C 1 A L A
Figure 10: Potential smuggling service fees from
Afghanistan to Australia
^^
C
l $400
8
L
l M
l l
S
d $17,300
Source: UNODC 2010
of falsifed documents including passports, identity
documents, and residence permits. Customers are
mainly Tamils, but counterfeit documents are also
sold to other criminal groups and persons outside
the Tamil community. Furthermore, Tamil networks
are suspected to be involved in drug trafcking
and maritime piracy of the coast of Northern Sri
Lanka.
51

. Hou bi is the jou?
Maritime smuggling to Australia is a lucrative
operation for people smugglers. During 2009 to
2010, 118 boats were intercepted by Australian
authorities, carrying a total of 5,609 people,
including crew. Tis fgure is the highest number
of boat arrivals in Australia in the last 20 years,
exceeding peak years between 1999 and 2001. It is
clear that boat arrivals in Australia have fuctuated
considerably during the past 30 years in response
to both global events and government policies. For
example, the number of boat arrivals declined in
2002 after the Pacifc Solution was introduced in
August 2001.
52

To calculate the annual market volume, data from
the table above is useful. Between the years 2009 and
2012, an annual average of around 6000 asylum-
seekers attempted to reach Australian shores (see
Figure 11). If this number is taken as an estimate of
annual market volume, then the total annual value
of the market is US$85 million if each smuggled
migrant paid approximately US$14,000 (average cost
as fees vary by mode, route, and time spent in transit
see How is the money handled? section above).
For Canada, if the annual market volume is derived
from the MC Sun Sea, 492 asylum-seekers were
smuggled in 2010 by boat. If each smuggled migrant
reportedly paid US$25,000, then the total annual
value of the market is US$12.3 million.
51
Europol 2010
52
Te Pacifc Solution was the name given to an Australian government
policy (2001 2007) that involved transporting asylum-seekers to
detention centres on small Pacifc Island nations, such as Nauru, for
processing, instead of allowing them to land on the Australian mainland.
Figure 11: Boat arrivals in Australia since 1989
53

l n n

5

4
6
21
14


42

54

0 0

3

0 0
61
4
25

54


55


56

104

S ulAC S unCuC
53
Phillips and Spinks 2012; UNODC communication with DIAC 2012.
54
Te number includes fve deceased at sea on 16 April 2009 and 12
deceased at sea on 1 November 2009. Arrival fgures do not include
two arrivals in an esky on 17 January 2009, four on Deliverance Island
with no boat on 29 April 2009. Te fgures included 12 people who
died when a boat sank on 1 November 2009, but do not include the
78 asylum-seekers on board Oceanic Viking intercepted in Indonesian
waters in October 2009 or the fve who reportedly drowned before a boat
was rescued and towed to Cocos Islands in May 2010.
55
See above.
56
Arrivals from the boat tragedy on 15 December 2010 where a boat
sank as it neared Christmas Island include the 42 people saved and the
30 bodies recovered, but do not include the unknown number of those
who drowned, estimated at 18.
57
UNODC communication with DIAC 2012. It is not known if this
total includes crew.
49
Chapter 5
TruIhckIng oI opIuLes Irom Myunmur und
AIgIunIsLun InLo EusL AsIu und LIe PucIhc
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
50
1 C C 1 A L A
1. Personal and public health: drug-
related morbidity and mortality. Risks such
as drug dependency and HIV infection.
2. Cost of treatment: cost to the state of
treatment for dependent users.
3. Burden on the economy: lost
productivity, absenteeism from work,
accidents at work.
4. Burden on society: depletion of
youth potential, lost school days, family
breakdown.
5. Human rights: human rights issues
related to forms of compulsory treatment
and extra-judicial killings of suspected drug
trafckers and users.
6. Cost of crime and law
enforcement: increases in crime levels
as users fund addiction. Cost to the state of
law enforcement to counteract drug crimes.
7. Burden on the criminal justice
system: court processes bottlenecks;
overcrowding of the prison system.
8. Insecurity and violence: cost
to society of violence associated within
drug markets. Illicit drugs often a source
of funding for criminal groups and
insurgencies. Regional and national security
impact, particularly in cross-border issues.
9. Corruption: impact of drug-related
corruption on the economy and political
system undermining governance and rule of
law.
NATURE OF THE THREAT
51
Chapter 5
1. What is the nature of the market?
A century ago, the world confronted the single
largest drug problem ever to have been recorded:
Chinese opium addiction. By a variety of means, this
problem was almost entirely resolved by the middle
of the 20th Century. In recent years, unfortunately,
there has been a resurgence of opiate use in China.
Opium in still consumed, but the main opiate
problem in the 21st century involves the more
refned form of the drug: heroin.
Today, China accounts for around 16% of the
worlds heroin users. Consuming between 46 and 60
tons of heroin per year, China represents one of the
largest national illicit heroin markets globally. Over
one million heroin users are ofcially registered in
China, and the number is rising. Most of these users
inject the drug, constituting what is probably the
single largest injecting drug user (IDU) population
in the world.
Other countries of the region are also experiencing
high and rising levels of heroin use. Opiate users also
account for the majority of problem drug users in
a number of countries in the region, including Viet
Nam, Myanmar, Mongolia, Indonesia, Singapore and
Malaysia. In response to the 2010 United Nations
Annual Reports Questionnaire, six countries from
the region China, Indonesia, Malaysia, Singapore,
Tailand and Viet Nam reported increasing heroin
use. Tere are presently an estimated 3.3 million
heroin users in East Asia and the Pacifc, and the
number is expected to continue to rise.
Southeast Asia is the site of the notorious Golden
Triangle, an area long associated with heroin
production, located where the borders of eastern
Myanmar, northwestern Lao PDR and northern
Tailand converge along the Mekong River. Tirty
years ago, the Golden Triangle was the largest heroin
production zone on the planet, supplying the regions
needs and exporting its heroin surplus to Europe and
the United States. But, in the intervening period, the
countries of Southeast Asia succeeded in eliminating
much of the production in the Golden Triangle (see
Figure 1).
1

1
Tough the 2012 survey data became available immediately before the
publication of this report, other calculations in this chapter refer to 2011,
the last year for which comprehensive seizure data were available.
Figure 1: Opium poppy cultivation in Southeast Asia (hectares), 1998-2012
S unCuC South-East Asia, Opium Survey 2012 C
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
H
a
Lao PDR Myanmar Thailand
Southeast Asia (2012)
28% of global area under illicit
poppy cultivation
10% of global illicit opium
production
52
1 C C 1 A L A
Today, almost all of the
heroin production in the
region is confned to the
politically-contested parts
of Myanmar, and trafckers
are compelled to import
heroin from Afghanistan
to meet local demand.
2
On
the one hand, this is an
encouraging development,
showing that supply reduction
is possible. On the other,
it is disheartening, because
it demonstrates that even
if opium poppy cultivation
were eliminated in East Asia,
regional demand can be met
by external sources.
In recent years, opium
cultivation in Myanmar
has shifted away from the
former growing areas in Wa
and Kokang regions (which
eventually became efectively
poppy-free) to South Shan,
East Shan and North Shan
State (see map). Opium
production in Myanmar is
mainly found in the Shan
State (91% of the total in
2011, of which more than half
occurs in the South Shan and
more than a quarter in East
Shan). Most of Myanmars
heroin processing also takes
place in the Shan State. Te
next largest producing area is
the Kachin province, located
to the north of the Shan State
(bordering India and China).
z. Hou is the trcjjclin conducted?
East Asia gets almost all its heroin from two sources:
Myanmar (about two-thirds) and Afghanistan (the
remaining third). Since about 70% of the heroin
users in East Asia reside in China, the two most
signifcant fows need cross only a single border, the
one between Shan State in Myanmar and Yunnan
province in China (see map). Tere are a large
number of lesser fows by land, sea, and air from
these two major sources to the other countries of the
region. A signifcant amount of heroin is re-exported
from China to the rest of the region.
Opium poppy cultivation
in Myanmar, in hectares
2008-2012
S C M n M S unCuC 1

u n
2
Tere is a small amount of poppy cultivation (about one-tenth of what
is cultivated in Myanmar) in Lao PDR, but most of this is consumed lo-
cally in the form of opium. A relatively small amount (less than two tons)
is converted to heroin for export, mainly to Viet Nam. However, this
production has more than doubled in the last fve years, so the situation
merits continued monitoring.
53
Chapter 5
Myanmars Shan State which borders China,
Lao PDR, and Tailand is the primary heroin
production site in East Asia. Historically, the drug
has been produced in other parts of Myanmar, but
success in reducing cultivation elsewhere has pushed
production into Shan State, the home of a number
of insurgent groups. It is not only these groups that
are responsible for the heroin production, however.
Rather, the insurgents also provide protection to the
cultivators and trafckers and tax the trade in return.
Government-backed paramilitary groups and local
ofcials have also been found to be complicit in the
areas they control.
3
Te fow has waxed and waned
since the 1950s, but it has become a staple of the
local economy and insurgent fnance. As a result, it
has proven extremely difcult to dislodge.
Since 1989, the Myanmar
government has made a
series of separate ceasefre
agreements with insurgent
groups, granting them
substantial autonomy in the
areas they control. Tese
agreements have generally
contained clauses to stop or
reduce opium production,
and some of these groups have
honored this commitment
(although some turned to
methamphetamine production
to fll the void). In addition,
the Chinese government
has proven infuential with
a number of these groups,
especially those situated
along the border, and has
successfully persuaded some to
give up the trade. Te sum of
these measures, plus stringent
government eradication
eforts, was a sharp reduction
in production between 1996
and 2006. Although the
downward trend has reversed
since 2006, cultivation levels
remain substantially less than
they were at their zenith in the early 1990s.
Heroin is produced in laboratories close to
Myanmars borders with China, Lao PDR and
Tailand. Some of this heroin is transshipped by land
across Lao PDR and Tailand, and some is trafcked
by sea through ports in southern Myanmar. But the
largest portion crosses by land directly into Yunnan
Province of China. In 2009, Chinese ofcials seized
5.8 tons of heroin, and 3.3 tons of this was seized
in Yunnan Province. Tis massive total is all the
more impressive because most of these seizures were
actually rather small. Although larger consignments
were popular in the past, most of the fow today is
carried by individual couriers, a system referred to in
China as ants moving house.
4
Kunming
Panzhihua
Zhaotong
Qujing
Yuxi
Dali
Baoshan
Dehong
Lincang
Lancang
Puer
J inghong
Menghai
Yunnan
East Shan
China
Viet Nam
Lao
PDR
Mengla
Myanmar
Ruili
Laukkai
Pang Hsang
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
Liukuzhen
Sichuan
Kachin
Wa
Special
Region
North
Shan
South
Shan
Guizhou
Guangxi
Inbound and outbound heroin flows
in Yunnan province of China
Inbound flows
Outbound flows
Lweje
To Guangzhou
T
o
W
u
h
a
n
To C
hongqing
To Guiyang
4
See Zhang and Chin 2008: p. 189; Zhang and Chin 2007: p. 4.
3
Tis has not always been the case; leaders of armed groups have been
active trafckers in the past. For example, Lo Hsing-han was commander
of the counter-insurgency Ka Kwe Ye home guards in the Kokang area
of Shan State from 1963. By the early 1970s, Lo was directly controlling
the opium and heroin business to gain the reputation of one the Golden
Triangles most prominent drug-lords. See Lintner and Black 2009: p. 25,
p. 151.
S unCuC P Z 1
54
1 C C 1 A L A
5
Tanner 2011: pp. 1-2.
Te Shan/Yunnan border is close to 600 km long and
highly underdeveloped. Tere are many places where
individuals travelling on foot can cross unnoticed.
Tese small loads are consolidated in Yunnan before
being trafcked further on within China. Kunming,
Yunnans capital, is a major hub for redistribution.
Some is trafcked on by land through Guangxi to
major cities such as Shanghai and Beijing. Heroin
destined for overseas is generally moved overland to
ports in Guangdong and Fujian provinces and from
there to Hong Kong (China) and Taiwan (Province
of China). Te heroin fow from Hong Kong has
strongly declined compared with the late 1980s and
early 1990s, when large quantities were shipped to
the United States and Europe. Today, most of this
fow proceeds to Australia and other international
markets.

Te trafc between China and Myanmar fows both
ways, because the processing of heroin requires
precursor chemicals, particularly acetic anhydride.
Globally, some two million tons of acetic anhydride
are used each year in a variety of industrial
Inbound flows
Outbound flows
Kashi
Islamabad
Urumqi
Lhasa
Beijing
Xian
Chengdu
Kunming
Wuhan
Shanghai
Guangzhou
Hong Kong
Macau
Nanning
Hanoi
Xiamen
Taipei
China
Kazakhstan
Kyrgyzstan
Tajikistan
India
Pakistan
Myanmar
Thailand
Lao
PDR
Viet Nam
Taiwan
Afghanistan
T
o

A
u
s
t
r
a
l
i
a
J apan
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
Heroin trafficking routes affecting
East and Southeast Asia
Kabul
Kandahar
Quetta
Karachi
Port Klang
Malaysia
See inset on next page
applications, including heroin processing. China is
a major producer of industrial chemicals in 2009,
over 3000 tons of precursor chemicals were seized in
China, including large amounts of acetic anhydride.

Te fow of heroin from Afghanistan into the region
is more complicated. Tis is because a wide range of
players make use of an equally complex network of
trafcking routes. Heroin travels by land, sea, and
air though a variety of intermediary countries, as
well as directly across the common land border. Te
Xianjiang Uyghur Autonomous region is the main
distribution hub for heroin crossing into western
China. Guangzhou is the main hub for Afghan
heroin nationally, directing supplies to national
consumption sites, as well as for export to Southeast
Asia.
5


Southeast Asian countries are subject both to fows of
Afghan heroin moving north and fows of Myanmar
heroin going south, as well as infows to satisfy local
S unCuC P Z Z C
55
Chapter 5
8
Tis information is based on the information from 11 countries in East
Asia and two countries in the Oceania region, reporting together 6.5 tons
of seized heroin in close to 58,000 seizure cases.
demand. From Shan state,
Myanmar heroin enters
northern Tailand and
is moved into Malaysia,
Indonesia and Australia. It
also enters Lao PDR and
is moved into Viet Nam
through Huaphan province
for onward trafcking to
China and Australia. Laos
Oudomxay province is also
used for trafcking heroin
to China. Cambodia has
become a transshipment
hub of growing importance,
and a major source of heroin
shipped to Australia. Heroin
from Afghanistan enters
Tailand and Malaysia by
air on incoming fights
from India, the United Arab
Emirates and Pakistan.
Despite substantial
reduction in consumption
since 2001, Australia
remains a key target market
due to high local prices the
purity-adjusted retail price
(see Table 2) in Australia
exceeds US$1,000 per
gram, which is among the
highest in the world. Te
routes to Australia have become
increasingly diverse: in 2000-2001, heroin entered
Australia from just 10 countries, but by 2010- 2011,
the number was 20, of which the most prominent
(by weight) were Malaysia, Pakistan, Viet Nam,
Cambodia and Singapore.
6
New Zealand has seen
no signifcant heroin seizures since 2001. In the
Pacifc islands, several seizures of heroin have been
reported from Fiji, Papua New Guinea and Vanuatu,
including the seizure of 357 kg of heroin in Fiji in
2007.
7
Local demand is not sufcient to justify these
quantities, so vigilance is needed to ensure the Pacifc
does not become a transshipment zone.
. Who cre the trcjjclers?
Such a wide variety of people are involved in getting
heroin from the production site to the consumer that
it is difcult to generalize. Over 50,000 people are
arrested for heroin trafcking in East Asia and the
Pacifc each year. Many of these are very small-scale
trafckers. Globally, the average heroin seizure in
2010 involved 0.23 kg of heroin, while in East Asia
and Pacifc, the amount was just 0.11 kg.
8
Many of
those who are apprehended smuggling across borders
could be labeled mules, but for many, a more
appropriate term would be ant trafckers, because
they display more agency than mules found in other
parts of the world. Tey often come from ethnic
groups that straddle international borders (such
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
flows
China
Lincang
Kunming
Puer
Pang Hsang
Mengla
Tachileik
Chiang Mai
Chiang Rai
Bangkok
Yangon
Kaw Thaung
Ranong
Phnom Penh
Myanmar
Thailand
Cambodia
Viet Nam
Lao
PDR
Ho Chi
Minh City
Vientiane
Hanoi
J inghong
Mongla
Menghai
Myanmar Heroin flows in the
Greater Mekong Sub-region
6
ACC 2012: p. 66.
7
UNODC EAP 2011: pp. 35-37.
Source: UNODC
56
1 C C 1 A L A
9
UNODC Annual Report Questionnaire data.
10
Zhang and Chin 2007: pages 46, 49, 53.
11
Te Jakarta Post 2010 Foreigners nabbed for smuggling 6 kgs of meth,
heroin in Te Jakarta Post (28 September 2010). Te Jakarta Post 2011
Hundreds of Indonesians overseas jailed for drugs in Te Jakarta Post (2
January 2011)
as the Shan, Lao, Karen, Akha, Wa and Panthay
peoples), and some come from families that have
been involved in trafcking for generations. Tough
poor, many are professional providers of clandestine
transportation services.
Behind these ant trafckers are the buyers and traders
that run the market. Since the 1950s, these have
mainly been ethnic Chinese trafckers. Chinese
traders are found throughout Southeast Asia,
including in Shan state. Tey may deal in a wide
range of goods besides opium and heroin. Of course,
Chinese trafckers work with nationals from a wide
range of countries. Almost 6% of those arrested for
heroin trafcking in China in 2010 were foreign,
including prominent representation from nationals
from Myanmar, Viet Nam, Nigeria and Pakistan.
9

Traditionally, many of the key organizers of Chinese
transnational heroin networks were based in Hong
Kong (China) and Taiwan (Province of China).
Tey were commonly associated with the Triads,
and trafcked heroin from the Golden Triangle to
markets in the United States and Europe. More
recent research has indicated that these traditional
hierarchical groups are no longer prominent,
and that trafcking networks are increasingly
decentralized.
10
Very little of the heroin used in
Europe and the US comes from the Golden Triangle
today.
As Afghan heroin has become more important in
local markets, a new crop of trafckers has entered
the scene, including Nigerian and Pakistani groups.
In Malaysia, for example, Pakistani networks are
active. Tey use Malaysia as a hub to redistribute
Afghan heroin to other countries in the region,
including China and Australia. In Indonesia,
trafcking networks originating from India, Nepal,
the Islamic Republic of Iran and Pakistan operate
across the archipelago, particularly in Bali. Recent
arrests indicate that international drug syndicates
have recruited Cambodian, Indonesian and Tai
nationals in place of the Iranians and Malaysians
formerly used to smuggle heroin into Indonesia,
mostly by air.
11
In addition, West African criminal
12
Berry and others 2003: p. 5.
groups, particularly Nigerian groups, have increased
their involvement in heroin trafcking though the
region, making use of commercial air couriers of
various nationalities. Tese groups are active in
the Greater Mekong Subregion, Indonesia and the
Philippines.
In Australia, Chinese organized crime groups
reportedly use Vietnamese gang members to sell
heroin sourced from Myanmar in major cities such as
Sydney and Melbourne.
12
West African networks are
also active in this market.
(. Hou bi is the jou?
Estimates of the number of heroin users in the region
can be produced, but they are weaker than in many
other parts of the world, because many countries
in the region do not conduct regular national drug
use surveys. In particular, there remains substantial
uncertainty about the number of users in China,
although the number of government registered
heroin users topped 1.1 million in 2010. For this
reason, estimates of total consumption must remain
highly tentative.
It does seem clear, however, that the overwhelming
bulk of heroin produced in Southeast Asia is
consumed in East Asia and the Pacifc, because
this heroin is rarely encountered outside the region
today. UNODC conducts an annual survey of
poppy cultivation in region, as well as periodic yield
assessments. On this basis, total regional heroin
production can be estimated, providing a minimum
fgure for regional consumption. In addition, a
number of sources give indications as to the share of
the total heroin supply that comes from Myanmar,
including both seizure data and forensic studies. Tis
work indicates that about two thirds of the regional
supply comes from Myanmar and one third from
Afghanistan. Tis picture can be tallied with other
information about the global market in heroin, as
well as local seizure totals.
Tese supply-side estimates can reconciled with
regional demand data, even though this information
is limited. In order to produce an estimate of total
regional demand, one takes the estimated number
of consumers and multiplies this by the estimated
amount consumed by each user annually. Tese
fgures can be further verifed with local retail
57
Chapter 5
price data. (If the per user expenditure estimates
were found to be unreasonable, this would tend
to indicate a faulty demand estimate.) Per user
consumption rates can also be compared to what is
known about heroin consumption patterns globally.
Since dependent users must maintain a minimum
level of consumption to avoid withdrawal, it is
actually easier to profle universal consumption
patterns with heroin than with some other drugs.
Tere is a physiological maximum to the amount of
heroin that users can consume without overdosing.
Starting with supply, it appears that some 48 tons
of heroin were produced in Southeast Asia in
2011 (Table 1). Adding in the amounts that came
from Afghanistan (about 22 tons), total demand
amounted to close to 70 tons in 2011. Subtracting
local seizures (equivalent to more than 4 tons if
purity adjusted), would indicate a regional heroin
consumption of slightly more than 65 tons of pure
heroin in 2011.
How do the tentative use estimates reconcile with
this supply side estimate? Based on the best readings
of the data, it appears that there are about 3.3
million heroin users in East Asia and the Pacifc
(see Figure 2). Global analysis suggests an annual
consumption rate of about 28 grams of pure heroin
per user per year, which would imply regional
demand of about 92 tons per year. Since these global
fgures also refect consumption patterns in some of
the wealthier countries, the per user rate could be
adjusted downward to 20 grams per year, roughly
reconciling with the supply side fgures.
Te value of this market can be calculated at the
wholesale and retail level both fgures are relevant
because locally-based trafckers proft at both levels.
Multiplying the national level consumption estimates
by the local price data and adjusting for purity is a
fairly straightforward exercise, although the data is
tentative in many instances (see Table 2). Based on
these calculations, retail sales of heroin in the region
amounted to about US$16.3 billion in 2011.
2010 2011 2012
Opium production in metric tonnes
Lao PDR 18 25 41
Tailand 5 3 3
Myanmar 580 610 690
Total opium production in Southeast Asia 603 638 734
- Opium seizures in East and Southeast Asia 2.2 1.9* N/A**
- Domestic opium consumption (150-160 tons) 155 155 N/A
Opium available for transformation into heroin 445.8 480.8 N/A
Potential heroin production in Southeast Asia (10:1 ratio) 45 48 N/A

l A
S unCuC A 8 C
unCuC S A C S unCuC S A C S
Table 1: Estimates of potential heroin production in Southeast Asia in 2010 and 2011 in metric tonnes
Figure 2: National estimates of the number of
heroin users in 2010
S unCuC
l 1 C P k C M
C
China*, 2,366,000
Indonesia, 247,000
Malaysia, 170,000
Viet Nam, 155,000
Myanmar, 100,000
Rep. Korea, 60,000
Thailand, 48,000 Japan, 41,000 Australia, 30,000
Others, 52,000
58
1 C C 1 A L A
Consumption Retail level Value in million US$
kg consumed
Purity adj. retail price
per gram in US$
Purity adj.
wholesale price
per gram in US$
Retail Wholesale
China (all
provinces)
47,316 222 169 10,496 7,985
Republic of Korea 1,192 452 413 538 493
Japan 829 1,395 270 1,157 224
North East Asia 49,338 453 213 12,191 8,702
Indonesia 4,931 213 149 1,048 735
Malaysia 3,397 222 171 755 581
Myanmar 2,006 96 64 193 128
Viet Nam 3,101 140 29 433 90
Philippines 523 222 118 116 62
Other SE Asia 1258 633 64 796 82
Southeast Asia 15,216 601 119 3,342 1,679
East Asia 64,554 545 154 15,534 10,381
Australia 602 1,069 346 645 208
New Zealand 58 2,257 674 132 39
Other Oceania 146 218 146 32 21
Oceania 806 1,181 510 809 269
East Asia / Pacifc 65,360 682 194 16,342 10,650
S unCuC unCuC A 8 C u
Table 2: Tentative estimate of the retail and wholesale value of heroin consumed in East Asia and the
Pacifc in 2011
59
Chapter 6
TruIhckIng oI meLIumpIeLumInes Irom
Myunmur und CIInu Lo LIe regIon
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
60
1 C C 1 A L A
1. Violence: cost to society of violence
associated within drug markets. Illicit drugs
often a source of funding for insurgencies.
2. Burden on the economy: lost
productivity, absenteeism from work,
accidents at work.
3. Burden on society: depletion of
youth potential, lost school days, family
breakdown.
4. Human rights: human rights issues
related to forms of compulsory treatment
and extra-judicial killings of suspected drug
trafckers and users.
5. Cost of law enforcement: cost to
the state of law enforcement.
6. Burden on the criminal justice
system: court processes bottlenecks;
overcrowding of the prison system.
7. Cost of treatment: cost to the state of
treatment for dependent users.
8. HIV and AIDS: spread of HIV
through injecting drug use.
9. Corruption: impact of drug-related
corruption on the economy and political
system.
NATURE OF THE THREAT
61
Chapter 6
1. What is the nature of this market?
East Asia and the Pacifc have a long history with
methamphetamine. It was frst synthesized in Japan,
and it became available over-the-counter throughout
the region in the 1950s and 1960s. When the sale of
the pharmaceutical was suspended, a street version
known as yaba or crazy medicine began
to appear. Te popularity of yaba has
waxed and waned over the years, but by
the late 1980s the illicit manufacture and
use of yaba was expanding signifcantly
in the region. Tis history may
explain why consumption of pill-form
methamphetamine retains its popularity
in Southeast Asia, particularly in Tailand,
more so than in other places around the
world.
Yaba pills are quite small and generally
contain cafeine. Tey are traditionally
consumed orally, so their efects are
sometimes would be mild compared with
other forms of methamphetamine. Tis has
allowed a market to sustain itself for many
years, in contrast to methamphetamine epidemics in
other parts of the world which have tended to burn
out quickly.
In order to directly ingest the drug, users have, in
recent years, begun vaporizing the pills and inhaling
the fumes. Tus, despite the fact that many users will
eventually reduce pills to a powder, the pill-form of
the drug retains its popularity, even though tableting
involves additional expense. In this way, culture
trumps practicality, as, among drug users, branding
and packaging retain their appeal.
Although Tailand remains the epicentre of yaba
use in the region, the drug is also consumed in
other countries of Southeast Asia. It is possible that
it was introduced and transmitted by migrants or
truckers to working communities in Lao PDR and
Cambodia. Outside Southeast Asia, the primary
market is China. In China, use is not restricted to the
border areas or urban centres yaba has been seized
in every province.
Te growth in popularity in China of a drug
commonly associated with Tailand requires some
explanation. Te reason may be that most of the
worlds yaba is produced in Myanmars north-eastern
Shan State and its adjoining Special Regions, notably
Wa (Special Region 2); an area where trafcking
to China has a long and notorious history. Today,
a signifcant amount of yaba is produced in China
itself, a country where the primary precursor
chemical (ephedrine) is commercially produced for
pharmaceutical purposes.
Yaba has traditionally been a working-mans
drug. It is used by truckers and manual labourers
to enhance physical performance, and it retains its
attractiveness for this purpose. Te drug is also used
today in urban club settings. Te vaporization of
the pills is a relatively recent innovation in the use
of the drug, and it may change the threat posed by
yaba use. High levels of methamphetamine use can
result in a range of negative outcomes, including
psychosis.
1
In addition, those who make yaba can also make
crystal methamphetamine, a far more potent and
addictive form of the drug. And while yaba use has
remained largely confned to China and Southeast
Asia, crystal methamphetamine has spread to
virtually every country in the region.
Crystal methamphetamine seems to have made its
debut in the region in the Philippines in the 1970s,
but did not begin to really take of until production
started in Myanmar in the early 2000s. Since much
larger amounts of methamphetamine are consumed
1
See for example, Cruickshank and Dyer 2009.
Figure 1: Methamphetamine pills seized, by location, in
East Asia
S unCuC LA
-
20,000,000
40,000,000
60,000,000
80,000,000
100,000,000
120,000,000
140,000,000
160,000,000
2007 2008 2009 2010
P
i
l
l
s

s
e
i
z
e
d
China Thailand Lao PDR Myanmar Other
62
1 C C 1 A L A
Figure 2: Primary drugs of abuse for registered drug
users in China
S C n n C

S unCuC LA
Figure 3: Crystal methamphetamine seizures in East Asia and
the Pacifc
0
2000
4000
6000
8000
10,000
2006 2007 2008 2009 2010
K
i
l
o
g
r
a
m
s

s
e
i
z
e
d
China Malaysia Thailand Indonesia Japan Myanmar Other
in crystal use than in yaba use, crystal
methamphetamine is relatively expensive.
In some countries, this places the drug
beyond the reach of all but the club-going
elite. In other countries, there is a broader
base of consumers. Without the need to
press the drug into pill form, producers
both large and small have sprung up across
the region. Large labs have been detected
in China, Indonesia and the Philippines.
Virtually every country in the region
consumes crystal methamphetamine, some
at very high levels. Within a few years, it has emerged
as the most problematic drug for at least seven
countries
2
in the region. Te problem is most intense
in the countries of Oceania and the Greater Mekong
Subregion where the levels of methamphetamine
used are the highest in the world and comparable
to peak levels of cocaine use in the United States in
the 1990s. In parts of China, methamphetamine has
begun to displace heroin as the most problematic
drug.
2
According to the UNODC DAINAP database, Brunei Darussalam,
the Republic of Korea, Lao PDR, Cambodia, Tailand, the Philippines
and Japan all rank methamphetamine as the most common primary
substance of abuse among those treated in 2009.
3
Presentation: Drug treatment and HIV/AIDS prevention in China,
June 2011, Hanoi, Viet Nam.
z. Hou is the trcjjclin conducted?
Methamphetamine can be produced wherever
the precursor chemicals are present. Te required
precursor chemicals are available, to a greater or
lesser degree, in every country in the world. Where
commercial quantities of ephedrine are not available,
over-the-counter decongestants have proven a
perfectly acceptable substitute, although extracting
the active ingredient is more labour intensive.
4
Since
2008, many countries in the region have seized large
quantities of decongestants, most of which have
originated from China, India, the Republic of Korea
and Tailand.
5

As a result, there is no inherent need for
cross-border trafcking of the fnished
product. Over time, every country with
a consumer base has the potential to
become self-sufcient. And they will, unless
other countries are able to produce the
drug cheaply enough to cover the cost of
trafcking and still remain competitive.
Tere is evidence of domestic production
in most of the countries of this region, but
two countries have advantages that allow
them to undercut local prices. Te frst
is Myanmar, where political instability
in Shan State and the Special Regions
adjoining China has provided cover for
large-scale drug manufacturing. Te second is China,
where ephedra, the herbal basis for ephedrine, grows
in great quantities. As a result, Myanmar and China
are the two major producers for export to the region.
4
Te process is more labour-intensive due to the efort required to
transform the ingredients from their capsule form.
5
Drug Abuse Information Network for Asia and the Pacifc (DAINAP).
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2002 2003 2004 2005 2007 2008 2009 2010
Other
Methamphetamine
Heroin
63
Chapter 6
In Myanmar, methamphetamine production is
strongly associated in Shan State and other areas
of the country with non-state armed groups. It is
clear that armed ethnic insurgents tax any economic
activity in their areas of control, and that those
with power in these regions often have links to such
insurgent groups. Te instability that has beset
this region makes all manner of criminal activity
possible.
6
It is clear that particular armed groups are
directly participating in the manufacture and trans-
border smuggling of methamphetamines.
Most methamphetamine manufacture in Shan
State takes place in small, mobile facilities located
in border areas near China and Tailand. It is
important to note that Myanmar has no domestic
pharmaceutical industry. Domestic production of
methamphetamine in this area thus relies exclusively
upon the acquisition of diverted precursors and
licit pharmaceutical preparations. Tese come
from neighbouring countries such as India, China,
Tailand and the Republic of Korea.
7
Were it not
for these illicit third-country diversions, Myanmars
ATS industry could not exist. Much of the yaba
production from Myanmar goes directly to Tailand,
while the crystal methamphetamine is channelled
throughout the region.
In 2010, Tai authorities estimated that
some one billion methamphetamine
pills and signifcant quantities of crystal
methamphetamine had been trafcked
into the country from Myanmar.
8
About
80% comes through the northern
provinces of Tailand and the remaining
20% through Lao PDR and Cambodia.
9

Some is simply walked across the border
at green crossings (areas away from the
formal border crossing points), while the
remainder enters concealed in vehicles
transiting at formal border crossings. Te
drugs are also trafcked along the Mekong
River to a number of countries, including
China.
10
Tere is also some maritime
trafcking from ports in southern Myanmar into
southern Tailand, Malaysia and Indonesia. Finally,
a small number of couriers have been arrested for
attempting to smuggle methamphetamine out from
Myanmar to the Philippines via commercial air
fights.
11

Cambodia continues to serve as a transit country
for drugs produced in Myanmar, most of which
enter Cambodia from its north-eastern border with
Lao PDR.
12
Drug trafckers, in particular those
from China and West Africa, trafc drugs out of
Cambodia via international airports in Phnom
Penh and Siem Reap.
13
Tere is also evidence of
methamphetamine production in Cambodia.
14

In China, most of the methamphetamine production
labs seized have come from a block of provinces
in the centre of the country: Sichuan, Henan,
Hunan, and Hubei.
15
Labs have also been found in
Guangdong, close to Hong Kong (China). Most
6
Recent developments which may have a positive impact on this
situation include signed ceasefre agreements and a six-year drug
interdiction programme which has been agreed between the government
and the South Shan Army.
7
UNODC EAP 2010: p. 22; UNODC EAP 2011: p. 139.
8
UNODC estimates in addition to informal communications with
Tailand anti-narcotics ofcials.
9
In 2010, law enforcement authorities detected 113 cases of metham-
phetamine smuggling from Lao PDR to Tailand. Source: Synthetic
Drug Trafcking Trends in the Asia Pacifc Region 2010, Regional
Intelligence Liaison Ofce for Asia and the Pacifc (RILO), presented
at the Global SMART Regional Workshop, Bangkok, 18-20 July 2011.
In addition, formal UNODC communication with the Ofce of the
Narcotics Control Board of Tailand (ONCB), August 2010.
10
UNODC EAP 2011: p. 99 and p. 104.
11
See Myanmar country report in INCSR 2011.
12
Country Report: Cambodia, National Authority for Combating
Drugs (NACD), presented at the Tirty-Fourth Meeting of Heads of
National Drug Law Enforcement Agencies, Asia and the Pacifc (HON-
LAP), Bangkok, 30 November 3 December 2010.
13
See Cambodia country report in INCSR 2011.
14
UNODC EAP 2011: p. 8.
15
ADEC China 2011
Figure 4: Share of the adult population that used
methamphetamine in 2010
S unCuC u u
2.71
2.13 2.10 2.10
1.58
1.40 1.39
1.35 1.32
1.16
0.60 0.60
0.55
0.35
0.25 0.22 0.22 0.2 0.18
0.12
0.00
0.50
1.00
1.50
2.00
2.50
3.00
M
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64
1 C C 1 A L A
16
Annual Reports Questionnaire
17
Te annual prevalence of ATS (excluding ecstasy) in Oceania
(including Australia and New Zealand) is 2.1%. Tis is the highest
prevalence of ATS anywhere in the world. By comparison, annual
prevalence in East and Southeast Asia is 0.6% (see UNODC 2012 p.25).
In addition, the Pacifc Island States and territories, with available data,
report high prevalence rates of amphetamines-group substances. Te
Marshall Islands report the highest annual prevalence rate among Pacifc
Island States and territories (2.7%) (see UNODC EAP 2011 pp. 28-29).
18
ADEC Japan 2011
Figure 5: Origin of air fights with methampheta-
mine couriers detected in Japan in 2010
S n A !

China (including
Taiwan and
Hong Kong)
35%
UAE
8%
West Africa
13%
SE Asia
10%
Mexico
4%
Others
30%
Chinese production is consumed domestically, but
both Japan and the Republic of Korea say that most
of their methamphetamine comes from China.
16
In Indonesia, a large portion of the
methamphetamine is manufactured and consumed
domestically. Te methamphetamine markets in
Australia and New Zealand are largely supplied by
domestic manufacture, although some import has
also been detected.
Te level of methamphetamine use is of concern
in some of the Pacifc Islands, countries without
the resources to manage the problem. Some Pacifc
islands are also used to trans-ship precursors
and fnished products. Seizures of precursors
and attempted diversion of pharmaceuticals
have been reported by authorities in Fiji, French
Polynesia, Nauru, Papua New Guinea, Samoa
and Tonga. Several islands, including Fiji, French
Polynesia, Guam, Samoa and Tonga, reported
methamphetamine seizures in 2009 and 2010.
Methamphetamine production has also been
detected in the Pacifc since 2004, when a lab was
discovered in Fiji. Smaller-scale operations have been
seized in Guam and in French Polynesia, and there
are indications that manufacture may be spreading to
other islands.
17
Methamphetamine is also imported to the region
from other countries including the Islamic Republic
of Iran, Mexico, and several countries in West Africa.
Much of this movement involves commercial air
couriers moving relatively small amounts of the drug
to the highest value markets, such as Japan.
In addition to methamphetamine, many other
synthetic drugs are trafcked throughout the region.
Te technical capabilities of some East and Southeast
Asian countries have grown faster than their
governments ability to regulate them. Precursors,
tableting and cooking equipment are relatively easy
to access in this region, opening the potential for
East and Southeast Asia to become a world supplier
of synthetic drugs.
. Who cre the trcjjclers?
A wide range of players are involved in the many
domestic and transnational methamphetamine
markets afecting the region. Tese include full-
time professional criminals, like those formerly
or currently involved in heroin markets, as well as
people considerably closer to mainstream society.
High-ranking state ofcials and military personnel in
several countries have been prosecuted for corruption
related to the methamphetamine trade.
19
Myanmars law enforcement eforts have achieved
considerable results in recent years in terms of both
seizures and arrests. However, the eforts have been
constrained for a number of reasons. According to
the government, law enforcement agencies have been
restricted in their ability to undertake interventions
in the Special Regions because of the inaccessibility
of the areas controlled by the ceasefre groups.
20

Other limiting factors cited include the constantly
changing modus operandi of the trafckers, the lack
of security checkpoints and the collusion of some
local ofcials. Te lack of equipment to detect and
identify drugs and precursor chemicals has also been
identifed as a limiting factor.
19
See, for example, Bangkok Post, Suspect ties top military ofcer to
drugs gang. 26 January 2012; Te Phnom Penh Post, Drug cop arrested.
23 May 2011; B. Kongkea and K. Yuthana, Moek Dara taken into
custody. Te Phnom Penh Post, 17 January 2011.
20
UNODC EAP 2010: p. 4.
65
Chapter 6
Ketamine
Ketamine is a veterinary tranquillizer that is not presently restricted under international control. It is not
an amphetamine-type stimulant, but it is nonetheless a synthetic drug, and a major concern for parts of
the region. In humans, it produces immobility and an intense hallucinogenic experience. Because it can be
produced legally, very large amounts have been diverted from China and India for recreational use. Active
in doses of 100 milligrams, recent seizures represent tens of millions of dose units. Between 2006 and 2010,
an average of 5.4 mt of ketamine has been seized in China annually.
21
Figure 6: Kilograms of ketamine seized in East Asia in 2010
S uAlnA
22
Ketamine use is most common in Hong Kong (China), where it is consumed in low doses in the club
scene. Ketamine users accounted for some 38% of all registered drug users in Hong Kong in 2010. Among
registered drug users below the age of 21, ketamine users comprised 84%.
23
China tightened its controls on ketamine supplies to Hong Kong (China) in 2004, and trafckers began
to source the drug in southern India, trafcking it in via Southeast Asia. In late 2007, trafckers began
to source from China again, this time sourcing from clandestine laboratories and making low-volume
yet high-frequency shipments.
24
In 2009, China reported that nearly 9 mt of the primary precursor for
ketamine (hydroxylamine hydrochloride) had been seized in the country.
25

Ketamine is also used in Malaysia, in Viet Nam (mainly along the border with China) and to a lesser
degree, in Tailand. Most of this supply comes from India, particularly Chennai in southern India.
26

Te substance is trafcked into these countries by commercial air couriers and by sea routes by Indian
nationals.
27
Some ketamine is frst trafcked to Bangkok and then further trafcked overland by
commercial bus into Malaysia, with some smaller quantities trafcked onward to Singapore.
28
21
Drug Abuse Information Network for Asia and the Pacifc (DAINAP)
22
Drug Abuse Information Network for Asia and the Pacifc (DAINAP)
23
Fifty-ninth Central Registry of Drug Abuse, 2000-2009, Te Central
Registry of Drug Abuse (CRDA), Statistics Unit, Security Bureau,
Government Secretariat, Hong Kong, China, February 2011.
4905
334
189 172
117
12
0
1000
2000
3000
4000
5000
6000
China Malaysia Hong Kong
(China)
Thailand Indonesia Others
k
i
l
o
g
r
a
m
s

o
f

k
e
t
a
m
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n
e

s
e
i
z
e
d
24
ADEC Hong Kong 2011
25
NNCC 2011
26
HONLAP Tailand 2010; ADEC Malaysia 2010
27
HONLAP Malaysia 2010
28
ADEC Malaysia 2011
66
1 C C 1 A L A
29
UNODC EAP 2010: p. 17-19.
30
For example, see, inter alia, PDDB 2011 and PDEA 2011; NACD
2011; and China country report in INCSR 2011.
31
Myanmar country presentation, Central Committee for Drug Abuse
Control of Myanmar (CCDAC), presented at the Regional Seminar on
Cooperation against West African Syndicate Operations, Bangkok, 9-11
November 2010.
32
China country report in INCSR 2011.
33
For example, see, inter alia, Indonesia: Situation Assessment on
Amphetamine-Type Stimulants, UNODC 2013 (forthcoming); PDEA
2010; ADEC Malaysia 2010.
34
IDEC Philippines 2011
35
ADEC Philippines 2011
Figure 7: Nationals of China, Nigeria, and the Islamic Republic
of Iran arrested for ATS trafcking in Malaysia, Japan, and
Indonesia in 2010
36
S A 8 C

200
56
28
9
24
5
13
75
11
0
50
100
150
200
250
Malaysia Japan Indonesia
China
Nigeria
Islamic Republic
of Iran
Tere is a relationship between
methamphetamine production and the
non-state armed groups, including both
rebel groups and the pro-state militias.
Production also occurs in areas nominally
controlled by the government, and there
have been persistent allegations of military
involvement.
29
It appears that confict
provides cover for drug production and
trafcking, but that armed groups on
both sides proft from it mainly through
taxation.
Ethnic Chinese have been implicated
in methamphetamine markets inside
Myanmar, as well as in a number of
countries in the region.
30
Ethnic Chinese
who live in Tailand, Malaysia and
Taiwan (Province of China) have been arrested
for attempting to trafc methamphetamine from
Myanmar to several countries in the region.
31
In
China, most of the investors and organizers for
crystal methamphetamine clandestine laboratories are
based in Hong Kong (China), and Taiwan (Province
of China).
32
In addition, much of the large-scale
methamphetamine manufacture in Indonesia,
Malaysia and the Philippines is organized by ethnic
Chinese networks.
33
Te Philippines reports that a
criminal network based in Hong Kong (China) has
been importing chemists for large-scale manufacture
since 2004.
34

Between 2005 and 2010, a total of 233 foreign
nationals were arrested in the Philippines for their
involvement in the drug trade, of which 125 (54%)
were ethnic Chinese. Most of these were involved in
methamphetamine.
35

Aside from ethnic Chinese, there are two groups
from outside the region who feature prominently
in methamphetamine markets in East Asia and the
Pacifc: Nigerians and Iranians.
A much wider range of nationalities has actually been
involved in drug couriering and these nationalities
tend to shift over time, as trafckers seek to employ
those most likely to avoid suspicion, and thus
detection. Large numbers of Philippine nationals
women in particular have been arrested worldwide
during the past couple of decades,
38
and Vietnamese
have become a popular choice more recently.
39
Te
nationality of the courier may bear no relationship to
the nationality of the trafcker. Couriers are simply
vessels for transporting drugs.
Nigerian trafcking networks
Nigerian drug trafcking networks are found
throughout the world. Most of the trafckers hail
from the southeast corner of Nigeria (the former
Biafra) and are generally of the Igbo ethnic group.
40

Since the Biafran War, Igbo have sought their fortune
abroad, often arriving in new countries penniless and
building a life for themselves out of nothing. Most
trafckers see small-scale dealing as a way out of
poverty.
41
New arrivals sell drugs on the street until they have
a sufcient stake to perform small-scale importation
by couriering drugs on commercial air fights. When
36
Te assumption is that these arrests are in and of themselves an indic-
ation of signifcant national involvement in ATS trafcking, and not the
result of specifc profling or other measures.
37
Te Japanese data simply refer to Africa without specifying a nation-
ality, and amalgamates Taiwan, Province of China with China.
38
PDEA 2010a: p. 13.
39
IDEC Viet Nam 2011
40
Leggett 2001
41
Leggett 2001
67
Chapter 6
42
Leggett 2001
43
ADEC UNODC WAN 2012
44
Annual Reports Questionnaire
45
ADEC Malaysia 2012
46
IDEC Tailand 2011
47
HONLAP China 2010
48
Steinberg 2005
49
South African Community Epidemiology Network on Drug Use
(SACENDU)
50
ADEC Japan 2011
51
Te International Narcotics Control Board (INCB) identifed Africa as
the region with the greatest number of diversions or attempted diversions
of ATS precursor chemicals in 2008. For example, a single shipment to
Uganda of 300 kg of pseudoephedrine was seized upon arrival in 2008.
However, only 2 cases of diversion were reported in 2009: 1.25 mt of
ephedrine to the Central African Republic and 1 mt of pseudoephedrine
to Kenya (UNODC SMART 2010, p. 4). In Australia, in 2009-2010,
authorities seized 17 kg of crystalline methamphetamine in air cargo
from South Africa, as well as 22.8 of pseudoephedrine shipped from
Egypt in March 2010, and 18 kg of ephedrine powder shipped from
Egypt in May 2009. See ACC 2011 pages 24 and 111.
they have made enough money, they can recruit
others to courier for them. Tey then become
wholesalers, with new arrivals working under them.
Tey operate many business enterprises in parallel,
licit and illicit. Once sufcient money is made in
drugs, most move on to full-time licit activities.
42

Most of the Nigerians arrested are in the early phases
of their drug careers when they are involved in street
dealing or couriering themselves. More advanced
Nigerian trafckers are rarely detected as Nigerians,
because over time they purchase or otherwise acquire
the passports of other nations, particularly other
African countries. Later they can employ couriers of
any nationality. In 2010, a number of drug couriers
from countries in the Middle East, Central Asia and
Eastern Europe were arrested in the East Asia-Pacifc
region for trafcking methamphetamine on behalf of
Nigerian drug organizations.
43
Today, Nigerian drug trafcking groups have been
detected in almost every country in the region, and
are particularly active in China, Indonesia, Japan,
Malaysia and Tailand.
In Japan, 39 African couriers were detected
between 2007 and 2010, most of whom were
identifed as Nigerian.
44
Te number of West African couriers arrested
in Malaysia signifcantly increased between
2009 and 2010, from 49 to 73, with Nigerian
nationals accounting for 78% of the total.
45

In Tailand, 22 Africans were arrested between
2010 and February 2011 carrying some 38 kg of
crystal methamphetamine among them.
46

In China, from 2004 through October 2010, a
total of 418 West African were arrested for drugs,
and two-thirds were identifed as Nigerians.
47

Ironically, it is possible that Chinese syndicates
frst introduced methamphetamine to Africa.
48
In
the early 2000s, Chinese organized crime groups
were active in the Western Cape of South Africa,
dealing in a range of commodities but particularly in
abalone, a shellfsh endangered in South Africa that
has been harvested illegally by local gang members.
Shortly after this commercial link was established,
the local gangs began dealing in methamphetamine,
a drug which was new to South Africa. In just a
few years, methamphetamine became the most
problematic drug in the Western Cape.
49
Nigerian nationals dominate the small-scale
importation and street sale of drugs to South Africa,
as they do in many countries. Around 2008, the
frst shipments of methamphetamine from South
Africa to East Asia and the Pacifc were detected.
Today, most shipments come from West Africa.
Methamphetamine production facilities have been
discovered in a number of West African countries. In
2009, only 7.4% of seizures of methamphetamine
trafcked to Japan were estimated to have originated
in Africa; by mid-2010, however, this proportion had
risen to 36%.
50
In addition, signifcant diversions of
precursor chemicals have been seized in Africa.
51
Iranian trafcking groups
Te importation of methamphetamine produced in
the Islamic Republic of Iran is a new phenomenon,
and one that requires more investigation. Te Iranian
government frst reported manufacture in their
country in 2008, when four production facilities
were seized. Iranian groups were frst detected in
4
33
166
0
20
40
60
80
100
120
140
160
180
2008 2009 2010
Figure 8: Number of methamphetamine labs
seized in the Islamic Republic of Iran
S A8C l 8 l
68
1 C C 1 A L A
52
UNODC EAP 2011: p. 9.
53
UNODC SMART 2010: p. 8.; Ofcial communication with the Royal
54
INCB Precursors 2010
55
UNODC EAP 2011: p. 9.
56
ADEC Malaysia 2011
57
Annual Report Questionnaire for 2010, Indonesia.
58
IDEC Tailand 2011a
Iranians, 208
Nigerians, 56
Other
Africans, 17
Others, 17
Figure 9: Drug trafckers from outside East Asia
arrested in Malaysia in 2010
S 8 M
East Asia and the Pacifc in 2009,
52
appearing at
once in several countries attempting to air courier
methamphetamine in both liquid and crystal form.
By 2010, there were also indications that Iranian
drug organizations were attempting to establish illicit
methamphetamine manufacturing operations in
Japan, Malaysia and Tailand.
53
Part of the problem is easy availability of precursors
in the Islamic Republic of Iran. In 2010, Te Islamic
Republic of Iran ranked fourth in the world for licit
pseudoephedrine imports.
54
Iranian groups are particularly active in Malaysia,
Indonesia, Tailand, and Japan; largely the same
countries where West Africans are most prominent.
55
For reasons that may be related to cultural or
diaspora linkages, the main destination in Southeast
Asia for Iranian drug trafcking organizations is
Malaysia. A total of 228 couriers from the Islamic
Republic of Iran were arrested in Malaysia in
2009-2010 for attempting to smuggle crystal
methamphetamine into and through the country.
56

In Indonesia, the top two nationalities arrested for
methamphetamine trafcking in 2010 were Iranians
and Malaysians.
57
In 2010, 82 Iranians were arrested
at Suvarnabhumi International Airport in Bangkok,
Tailand and 166 kg of crystal methamphetamine
was seized.
58

Te situation in Japan is diferent because Iranians
have been active in Japanese drug markets since
the mid-1990s. Te number of Iranians arrested
in Japan has decreased sharply in recent years
for unknown reasons. In 2010, only one Iranian
methamphetamine manufacturing organization was
detected in Japan.
60
(. Hou bi is the jou?
Calculating the volume and value of drug markets is
a process of triangulation. For plant-based drugs like
heroin and cocaine, the strongest leg of the triangle
is production data. Every year, UNODC performs
crop surveys in the major opium poppy and coca
producing countries. Once the number of hectares
under cultivation is determined, this is multiplied
by regional yield fgures to produce a production
estimate. Tis output can then be tallied with seizure
fgures and what is known about demand, the other
two legs of the triangle.
Te situation is more complicated with synthetic
drugs like methamphetamine because production
is much less centralized and observable. Te
precursor chemicals are used for licit purposes all
over the world. Missing the production side of the
triangle, methamphetamine estimates are based
on seizures and demand-side data. Unfortunately,
nationwide drug use surveys are carried out only
irregularly in many countries in the region, and have
never been conducted at all in China. Unlike heroin,
the amount of drugs used per consumer varies
tremendously. So, in East Asia and the Pacifc, the
methamphetamine triangle tends to have only one
side.
85
101
85
50
38
0
20
40
60
80
100
120
2006 2007 2008 2009 2010
Figure 10: Number of Iranians arrested in Japan
for methamphetamine
S ! n

59
UNODC SMART 2010: p. 8.
60
ADEC Malaysia 2011; ADEC Malaysia 2012
69
Chapter 6
Figure 11: Number of yaba pills seized in 2010
S unCuC SMA81 u A l n A uAlnA
58,443,666
50,400,000
24,530,177
2,192,263
412,751
-
10,000,000
20,000,000
30,000,000
40,000,000
50,000,000
60,000,000
70,000,000
China Thailand Lao PDR Myanmar Other
p
i
l
l
s

s
e
i
z
e
d
Te easiest way to estimate the size of this illicit
market is therefore to look at the seizures and factor
into this an interception rate. In East Asia and the
Pacifc, this can be done in considerable detail,
because most countries in the region report seizures.
Both yaba and crystal methamphetamine markets
can be calculated separately. Seizures can be reviewed
across time, and this can be balanced with the best
estimates of demand on a per-country basis.
As discussed above, the yaba market is largely
confned to the Greater Mekong Subregion. It is
made and consumed in Myanmar and China, then
exported to Tailand, with lesser amounts being
consumed in the transit countries of Lao PDR and
Cambodia, and then Viet Nam and Malaysia. Tis is
refected in the seizure statistics. China and Tailand
account for 80% of the seizures in 2010 adding
Lao PDR and Myanmar brings the share to 99%.
Seizures in Myanmar are relatively low, but the state
has limited capacity to enforce the law in the areas
where most of the production
is taking place. Nonetheless,
these four countries China,
Tailand, Lao PDR, and
Myanmar have accounted for
upwards of 90% of the seizures
of yaba since at least 2006.
Although there is substantial
year-on-year volatility due to
the large size of some seizures,
the fve-year average in
China and Tailand is almost
identical: about 25 million
pills seized per year. Survey
data suggest about 600,000
annual users in Tailand, so
assuming a similar interdiction
rate, roughly the same number
of users would be found in China. Surveys in Lao
PDR suggest the same rate of use as in Tailand,
but with a much smaller population, amounting to
about 40,000 yaba users. Combining these three
key consumer markets together yields a consumer
estimate of about 1.25 million users.
In 2010, a total of around 136 million pills were
seized throughout the region. Dividing these seizures
among the 1.25 million users results in about 110
pills being seized per user in 2010. With a 10%
interdiction rate, this would suggest a total market
fow of 1.4 billion pills per year, or fewer than
1000 pills per user per year after seizures. Like all
methamphetamine, yaba produces physiological
tolerance to its efects, and so use levels vary
considerably between casual users and addicts. Field
observations suggest that this estimate constitutes a
reasonable rate of use.
If use rates were higher, the costs would soon
become prohibitive. Pills are priced at around
US$5 per pill in China and US$7 per pill in
Tailand, suggesting an average annual expenditure
of US$5,000 per user in China and US$7,000 in
Tailand, on the assumption that 1.4 billion pills are
consumed annually. Higher consumption volumes
would quickly push the average outlay per user to
unreasonable levels.
Multiplying 1.4 billion pills by local prices results
in a gross income for trafckers of around US$8.5
billion.
Te crystal methamphetamine market is trickier,
given the large number of countries producing and
consuming. Once again, the biggest barrier to an
accurate estimate is the lack of use survey data for
China. Based on the survey data available, prevalence
is greatest in Australia, New Zealand and parts of
the Pacifc, but lower prevalence in China would
still indicate a much larger number of users due to
Chinas population size.
Since surveys rarely diferentiate between yaba
and crystal methamphetamine, it is important to
70
1 C C 1 A L A
61
According to the 2010 Annual Reports Questionnaire, there were 1710
methamphetamine addicts in treatment in Canada, out of an estimated
104,788 users, or about 1.7%.
exclude national markets where
most of the consumption is
yaba. Tailand has around
600,000 methamphetamine
users, but the majority appear
to consume yaba. Although
crystal methamphetamine is
present, and seizures have risen
remarkably recently, it was only
rated by the Tai government
as the ninth most problematic
drug for the country in 2009.
Lao PDR seizes little crystal
methamphetamine, so most
use is likely to be yaba in that
country as well.
After excluding these countries
and based on available survey
data, the number of crystal
methamphetamine users in East Asia and the Pacifc
outside of China is estimated to be around two
million, with the Philippines accounting for much of
this total.
Tis user estimate can be compared to the
seizure data. For unknown reasons, 2009 was an
anomalously weak year for seizures, but regional
totals have been otherwise very consistent over the
past fve years between seven and eight mt seized
per year. China has accounted for between 50% and
80% of the crystal methamphetamine seizures during
this period.
Methamphetamine is produced in China both
for local consumption and for export, but if
Chinese consumption were roughly equal to its
share of regional seizures, then there would be
around two million methamphetamine users in
China. Tis would suggest an adult prevalence of
about two-tenths of one percent, on a par with
Japan. China provided treatment for over 33,000
methamphetamine users in 2010, which would
indicate about 1.7% of annual users received
treatment. Given that many may be casual users, this
is actually a remarkably high rate, comparable to that
in Canada.
61
All this suggests at least roughly fve
million users in East Asia and the Pacifc.
Combining the user estimates with the seizure
totals, the countries of the region seized about
1600 milligrams per user in 2010. Assuming a 10%
intercept rate, this would indicate each user on
average consumed about 15,000 milligrams per year.
A dose unit is in the order of 50 milligrams for those
without a tolerance, so this is equivalent to one dose
unit per day on average. Casual users will use less,
while dependent drug users will use much more.
Street prices vary from US$80 per gram (in China)
to US$500 per gram (in Japan and Australia). At
the low end, using an average of 45 milligrams per
day will cost a user US$1,300 per year, and more
than fve times that in the more expensive markets.
Again, higher rates of use would quickly become
unafordable.
In summary, an estimated 5 million users consume
crystal methamphetamine and 1.25 million
users consume yaba in East Asia and the Pacifc.
Tey consume an estimated 68 mt of crystal
methamphetamine and 1.4 billion yaba pills
annually. Te yaba market generates about US$8.5
billion and the crystal methamphetamine market
US$6.5 billion, for a combined market of around
US$15 billion in 2010.
Figure 12: Estimated number of crystal methamphetamine users in East
Asia and the Pacifc
S C unCuC
2,000,000
960,000
269,000
248,000
171,000
110,000
81,000 64,000
178,000
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
n
u
m
b
e
r

u
s
i
n
g

m
e
t
h
a
m
p
h
e
t
a
m
i
n
e

a
n
n
u
a
l
l
y
71
Chapter 6
Myanmar
Thailand
Lao PDR
Viet Nam
Cambodia
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
China
Bangkok
Hanoi
Vientiane
Ho Chi
Minh City
Phnom Penh
Yangon
Phuket
Methamphetamine pill flows in
the Greater Mekong Region
India
Bangladesh
Methamphetamine pill flows in Myanmar
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
Muse
Tangyang
Pansang
Maila
Kyaingtong
Kunhein
Mongpyin
Mongsat
Tachileik
Mongphyat
Kunlong
Hopan
Lashio
Taunggyi
Pin Laung
Lao
PDR
China
Thailand
To Mandalay
Phar Kant
Bamaw
Myit Kyi Na
Mandalay
Bago
Yangon
Sittwe
Maungdaw
China
India
Thailand
Lao
PDR
B
a
n
g
l
a
d
e
s
h
See Shan State inset
Mawphokae
Takara
Ta-ok
Khwahe
Shan State
To Mandalay
S unCuC C SMA81
S CCuAC
S CCuAC unCuC C SMA81
72
1 C C 1 A L A
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
United
Kingdom
France
Germany
Netherlands
Belgium
South Africa
Australia
Islamic
Republic
of Iran
Indonesia
RRR
Malaysia
Thailand
UAE
Turkey
Crystal methamphetamine production area
Nigeria
Major crystal methamphetamine flows to East Asia
and the Pacific from Africa and the Middle East
Major transit points
Nige ggggggggggggggggg r i N e
Egypt
S unCuC C SMA81
73
Chapter 6
China
J apan
Rep of
Korea
Taiwan
(Province of
China)
Philippines
Indonesia
Malaysia
Myanmar
Thailand
Lao PDR
Cambodia
Viet Nam
Henan
Hunan
Sichuan
Hubei
Guangdong
Yunnan
T
o

A
u
s
t
r
a
l
i
a
T
o

N
e
w

Z
e
a
l
a
n
d
flows
Major crystal methamphetamine
flows in East Asia
YY
s
M
Crystal methamphetamine
production areas
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
n
H
n
S
S unCuC C SMA81 Wu8
74
1 C C 1 A L A
flows
Ephedrine/pseudophedrine diversion to
and within East Asia and the Pacific
China
Rep of
Korea
Philippines
Indonesia
Malaysia
Myanmar
Thailand
Cambodia
Viet Nam
Australia
New Zealand
India
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
S unCuC C SMA81
75
Chapter 7
The illegal wildlife trade in East Asia and
LIe PucIhc
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
76
1 C C 1 A L A
1. Extinction of species: regional
extinction of tigers, rhinos and other Asian
species, extinction of African species (rhinos
and elephants), severe depletion of marine
wildlife, disruption of ecological processes.
2. Socio-economic
impoverishment: state revenues
loss, reduced livelihood options for rural
communities, spread of disease and damage
to public health.
3. Corruption: undermines rule of law
and accountability.
NATURE OF THE THREAT
77
Chapter 7
1. What is the nature of this market?
Te harvesting of natural resources is basic to every
day human life. Te global exchange of wild plants
and animals provides us with food, pharmaceuticals,
building materials, decorative objects, clothing,
cultural and religious items, and pets. In 2008, the
combined global value of legally traded commodities
derived from wild plants and animals was
approximately US$24.5 billion.
1
Te supply of wildlife is not infnite and its trade
requires tight and rigorous regulation. While
the illegal trade in wildlife is a major threat to
biodiversity, it provides a signifcant source of
proft for criminals. By distorting and undercutting
legitimate commerce, it can cause economic and
social disruption.
2
Governments impacted by illegal
wildlife trade are deprived of direct and indirect
sales and tax revenues on import and export goods
goods which would normally be state-controlled
natural resources. Furthermore, the high level of
corruption underpinning this illegal activity poses a
serious threat to national governance.
Where the illegal wildlife trade is allowed to
continue, it can also undermine sustainable
development and poverty alleviation objectives
because it depletes the natural assets upon which
rural communities depend for their livelihoods. In
Cambodia, Indonesia, Lao PDR and Viet Nam,
plant and animal products provide subsistence to
the rural population with food, energy, materials
for housing, medicines and income. Lack of access
to this capital erodes vital coping mechanisms for a
large part of rural communities in the region.
In East Asia, population growth and burgeoning
afuence has led to rising demand for exotic and
luxury products, including wildlife products.
3
China
is the regions largest economy and simultaneously
the largest consumer market for wildlife. Most
wildlife is consumed as food or as ingredients in
traditional medicines.
4
One study in Guangdong,
China found that rising income accounted for
80% of the increase in shark fn consumption in
that province.
5
Another recent survey on Chinese
attitudes found that respondents were motivated to
consume wildlife for ostentatious reasons, such as
displaying social status and respect for guests, as well
as for perceived health benefts.
6

Traditional medicine attracts a wildlife trade driven
by often-unverifed beliefs about the medicinal
properties of rare plants and animals or their parts
and derivatives. Examples include: orchids, tiger
parts and rhino horn. In Asia, traditional medicine
is tied very closely to cultural values and traditions
that have been practiced for thousands of years.
Te World Health Organization estimates that
80% of the population in some Asian and African
nations is dependent on traditional medicine for
primary health care.
7
Believed to be expanding
at a rate of 10% per annum
8
, the market for
traditional medicine is linked to illegal wildlife trade
as it involves the consumption of products from
endangered animals and their parts and derivatives.
9

Although the medicinal properties of most
traditional medicines using ingredients from
endangered wildlife have been scientifcally refuted,
these medicines continue to be used. Tis use poses
an enormous challenge to both policy makers and
enforcement agencies. Te most dramatic example
of such misconceptions is the use of rhino horn,
whose demand has recently grown exponentially in
Viet Nam, after the spread of uncorroborated claims
that rhino horn medicine cured a Vietnamese ofcial
of cancer. Today, a kilo of rhino horn is valued at
approximately that of a kilo of gold. As a result, the
survival of rhinos is under unprecedented pressure.
10

1
Tese estimates have been developed by TRAFFIC on the basis of
an analysis of data contained in the 2009 UN COMTRADE (UN
Comtrade 2009) and in the 2008 FAOSTAT (FAO 2008).
2
Liddick 2011: p. 5.
3
TRAFFIC 2008
4
Te World Bank 2005
5
Clarke 2003
6
TRAFFIC 2010: p. 9.
7
WHO 2008
8
Liddick 2011: p. 46.
9
Hayman and Brack 2002
10
Van Strien and others 2008. Two of three species of Asian rhinoceros,
which were previously found across Southeast Asia, South Asia and
in China, are close to extinction. Sumatran Rhinoceros which were
previously found across Southeast Asia and South Asia are now critically
endangered with less than 275 in the region Te Javan Rhinoceros is now
among the rarest animals in the world. Due to poaching in Viet Nam,
Javan rhinoceros have disappeared from mainland Southeast Asia with an
estimated 40-50 individuals remaining now only in Indonesia.
78
1 C C 1 A L A
Increasing wildlife trade is driving a broad range of
wildlife species towards global extinction. Te threat
to iconic species like tigers, rhinoceros, elephants,
and tuna is well-known globally. Yet, there are many
more mammals, reptiles, marine species and plants
that have declined drastically. Unfortunately, for
these species, there is very limited public awareness.
Consequently, protection is weak. A description is
provided below of the species which account for
the bulk of the illegal trade volume of wildlife in
Southeast Asia and the Pacifc.
Bear bile and gall bladders are used for the purposes
of traditional medicine in East Asia and East Asian
diaspora communities around the world.
11
But
while the trade in bear bile is illegal in most parts of
the region, the cross-border trade in raw bear bile,
live bears and manufactured bile products remains
widespread.
12
Tis is in violation of national laws and
CITES regulations.
13

Pangolins, also known as scaly anteaters, are
nocturnal mammals native to Africa and Asia. Te
demand for pangolins as luxury wild meat and
for traditional medicine is driven by increasing
consumer afuence mainly in China, Hong Kong
(China), Taiwan (Province of China) and Viet Nam.
Te illegal international trade in Asian pangolins and
their scales currently constitutes the principal threat
to this CITES-protected species.
14
Recent seizures
indicate that since pangolins have become rare in
the region, brokers and trafckers are sourcing from
Africa in order to meet the growing Asian demand.
15

Reptiles traded as food items account for the
majority of illegal wildlife trafcked from Southeast
Asia to China. In 2011, Tai ofcials in Prachuab
Khiri Khan seized more than 2,000 monitor
lizards from Malaysia en route to China with an
estimated retail value of US$60,000.
16
Freshwater
turtles form a large part of the reptile trade
17
, and a
signifcant portion of Asias freshwater turtles are now
endangered.
All wild orchid species are protected by CITES.
Worldwide, orchids are traded in high volumes.
Southeast Asia is a major supplier to the retail trade
which is estimated to be worth US$9 billion per
year. In 2000, orchid exports from Tailand alone
amounted to more than US$250 million in total
sales, mostly in domestically-propagated cultivars
rather than wild-collected plants. However, countries
like Lao PDR have a substantial trade which is based
on wild collection.
Illegal wildlife trade is by no means restricted to
land-based species. Substantial volumes of protected
marine wildlife are being illegally traded to supply
regional and global demand, with extremely high
proft margins for traders.
International demand for shark meat, fns and
medicinal products is the driving force of a lucrative
trade that is often illegal and is endangering a
growing number of shark species around the world.
Trade in CITES-listed shark species mainly consists
of parts of Whale Shark, Basking Shark and Great
11
Phillips and Wilson 2002
12
According to recent research, bear bile medicines were found to be
available in all the countries of mainland Southeast Asia and most
countries in Northeast Asia, including China, Hong Kong (China),
Japan, the Republic of Korea and Taiwan (Province of China). Whole
gall bladders sold for US$50 in Myanmar but as much as US$2,000
in Hong Kong (China). In Tailand, gall bladder was found to be sold
for US$0.1 per gram compared to US$110 per gram in Japan . Based
on seizures of more than 7 kg of bear bile and more than 10,000 bear
bile products between 2000 and 2010, the majority of seized products
originated in China. Recent research has also indicated that the main
producer countries of bear bile products in the region include China,
Japan, Malaysia, Myanmar and Viet Nam. In the Republic of Korea,
60% of bear bile products on sale reportedly originate from Russia.
In Hong Kong (China), all bear bile products were reported to have
originated in Japan. See Phillips and Wilson 2002; Foley and others
2011; UNEP-WCMC 2012.)
13
Varying national and international laws and agreements are in place to
regulate wildlife trade at sustainable levels. Te most encompassing of
these the Convention on International Trade in Endangered Species
of Wild Fauna and Flora (CITES) specifes whether fora and fauna
can be (a) traded freely (in which case they are not listed under CITES);
(b) traded in volumes that that are not detrimental to the survival of
species in the wild (in which case the species are listed on Appendix II of
CITES), or (c) are indicated as protected in which case no or extremely
limited trade is allowed (Appendix I of CITES). Other than CITES,
most national environmental legislation is fairly weak across the region,
with low penalties usually a fne - for violations.
14
Duckworth and others 2008; CITES 2000. Since 1975, Asian
pangolins have been listed as protected species in all but one of their
range states and have been listed in Appendix II of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES). In 2000, Parties to CITES prohibited international trade in
Asian pangolins, for primarily commercial purposes, by establishing zero
export quotas for each species.
15
Te estimated annual demand for pangolins in China alone is over
150,000 pangolins. Based on the estimated price of around US$1,550
per pangolin in 2007, the estimated annual market value is more than
US$176 million in China (Pantel and Chin 2009).
16
Te Nation 2011 2,000 Monitor Lizards Seized, Te Nation, 8 April
2011
17
In 2010, Malaysian Customs ofcials confscated 4.3 metric tons of
reptiles near the Tai border. Among the specimens were 28 turtles listed
as endangered on the IUCN Red List, and 400 other turtles listed as
vulnerable (Erickson-Davis 2011).
79
Chapter 7
White Shark.
18
Similar to the consumption of
other illegal wildlife, the consumption of shark fns
is driven by wealth, social status and traditional
beliefs.
19
Te main consumers in the region include
China, Hong Kong (China), Taiwan (Province of
China), Malaysia, Singapore and Tailand. Te EU
and the US also import signifcant quantities to
supply demand among the East and Southeast Asian
diaspora.
20
Despite eforts to properly regulate the
trade, there remains no comprehensive international
agreement to protect sharks.
21

Marine turtles are heavily traded in East Asia and
the Pacifc in spite of CITES protection. Almost
30,000 illegal items made from critically endangered
Hawksbill turtle were found on sale in Viet Nam in
2002.
22
Tis trade also supplies illegal export markets
for tortoise-shell (Bekko) items in China and Japan.
Te depletion of turtle numbers of the coast of Viet
Nam means that traders are now going further afeld
to places such as the Philippines and the Pacifc
in order to obtain turtles for the shell-processing
industry.
18
Large fns of a Basking Shark or a Whale Shark are reported to be up to
US$ 57,000 for a single large fn (Clarke 2004).
19
Vannuccini 1999
20
In 2004, research based on analysis of major Asian trading centers
for shark fn indicated that 50% of the global trade passes through
Hong Kong (China). (Clarke 2004). Fins of particularly desirable (and
protected) species are amongst the most expensive seafood products in
the world, previously retailing for up to USD740/kg in Hong Kong
(China) (Clarke 2002: p.88).
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
Thailand
Hanoi
Vientiane Yangon
Manila
Phnom Penh
Bangkok
Ho Chi Minh city
Kuala Lumpur
J akarta
Myanmar
Viet Nam
China
Illegal Pangolin Trade
Lao PDR
Philippines
Malaysia
Indonesia
Sumatra
Java
International trade route
National trade route
From Africa
Kalimantan
Hong Kong
(China)
S unCuC C
21
Lack and Sant 2008
22
Van Dijk and Shepherd 2004
80
1 C C 1 A L A
Te demand for coral and aquarium fsh in China,
Europe and the United States is also being supplied
by source countries in the Pacifc.
23
Around 2,000
species of coral are listed in Appendix II of CITES.
However, the high profts from the illegal trade in
coral and fsh has led to an increasing involvement
of large trading businesses, particularly Asian-based
businesses.
24
Collecting for the aquarium industry
yields high profts compared with other types of
near-shore wildlife harvesting.
25

Seahorses are mainly used for traditional medicine
preparation but are also demanded by the aquarium
trade. Since 2004, all seahorse species have been
listed under Appendix II of CITES. However, a
substantial trade in seahorses continues. Annually an
estimated 20 million seahorses are harvested from the
South China Sea and the Gulf of Tailand, mostly
for export to China.
26

z. Hou is uildlije trcjjclin conducted?
In East Asia and the Pacifc, the illegal wildlife trade
encompasses a broad spectrum of commodities.
It is best understood as a collection of generally
diferent trade chains, each with its own smuggling
methods, trafcking routes and markets. Tese trade
chains may include both domestic and international
specialists involved in storage, handling, transport,
manufacturing, industrial production, marketing and
retailing of wildlife products.
Internet, e-banking and efcient transport systems
give dealers and smugglers unprecedented access
to new markets.
27
Transport infrastructure (such as
new roads opening up forested areas) provides better
access to previously remote areas. Tis facilitates
extraction and trade of wildlife products. Open
borders and better infrastructure have both also
permitted infows of poachers and traders to areas
where wildlife can be sourced.
28

Wildlife is transported by land, air or sea in diferent
ways. Trafckers often use the same routes as legal
importers, but falsify certifcates, exploit regulatory
loopholes, take advantage of poor capacity in law
enforcement agencies or obtain genuine documents
corruptly. Concealment methods are limited only
by the relative bulk of shipments and the ingenuity
of the smugglers. On airlines in the Pacifc and Asia,
wildlife trafckers have been caught squeezing birds
into tubes, packing animals like tiger cubs into hand
luggage and hiding eggs in specifcally designed
clothing. By land, transportation is carried out in
special hidden compartments in cars, vans and
trucks, and by employing couriers to take larger loads
across borders in separate and smaller containers.
Bears traded illegally in Viet Nam have even been
transported as patients in ambulances and in vehicles
carrying fake government plates.
29

A common method for smuggling includes
fraudulent paperwork or mixing protected species
with legal shipments of look-alike species. Wildlife
laundering also occurs when wild-collected plants
and animals are passed of as captive bred.
30

Countries in East Asia and the Pacifc can play one
or more roles (source, transit and destination) in
the illegal international wildlife trade. Indonesia
remains a key source country because it retains more
intact forests than its Southeast Asian neighbours. Its
forests are critical to the sustainability of species. As
indicated by a staggering number of seizures between
2007 and 2011, New Zealand has become a source
for criminal networks trading into Europe, but also
as a destination country for endangered species
coming from Southeast Asia and the Pacifc Islands.
Major trans-shipment countries in Southeast Asia
are Malaysia, Singapore, Tailand and Viet Nam.
Viet Nam is both a major consumer country and
23
Olivier 2003
24
Green and Shirley 1999: p. 70.
25
Balboa 2003. Another study has found that live coral exported from
Palau for the aquarium trade is sold at around US$3 per kg compared to
coral sold locally for construction material at less than US$0.02 per kg
(Graham 1996: pp. 13-18.)
26
Gray 2004
27
Te World Bank 2005: p. 4.
28
TRAFFIC 2008: p. 6.
29
SFNC 2003.
30
For example, in 2004 and 2005, the origins of more than 3,000
wild Malagasy chameleons were intentionally mis-declared by Tai
wildlife dealers to obtain CITES import permits in order to enter the
chameleons in the pet trade. Tailand is not alone in facing problems
with mis-declarations of protected reptiles. Many reptiles are exported
from Indonesia to the European Union (EU) under paperwork declaring
them to be captive-bred specimens. Tere are serious discrepancies,
however, between the numbers of reptiles exported and the numbers
of reptiles that purported breeding facilities in Indonesia are actually
producing, or have the capacity to produce. Tese discrepancies suggest
that large numbers of wild-caught reptiles are being mis-declared on
CITES permits exported from Indonesia as captive-bred. See Nijman
and Shepherd 2009.
81
Chapter 7
an important trade conduit to China. In 2000, the
estimated revenue generated by the illegal wildlife
trade in Viet Nam totaled US$67 million, more than
12 times the value of the legal wildlife trade in that
country.
31
By some estimates, 3,500 to 4,000 tons
of illegal wildlife (foodstufs and forest products) are
trafcked in and out of Viet Nam each year.
32

Tailand is mainly a consumer and trans-shipper
of pets and high-value luxury items. Te trade is
driven by its growing economy with accompanying
increased purchasing power. It is facilitated by the
countrys major international transport hubs. Ivory
trade into Tailand is an ongoing problem and the
enforcement of the existing regulation has proven to
be difcult. Once imported, illegal ivory from Africa
is either re-exported or processed and passed of as
local and legal products.
33
Te increase in sales of
illegal wildlife on the internet and the mushrooming
of smaller markets in provincial cities in the outskirts
of Bangkok poses a challenge to law enforcement
eforts.
34

In markets across Southeast Asia, illegal wildlife is
often openly sold in otherwise legal market contexts.
In Indonesia, Pramuka market in Jakarta is one of
the regions largest wildlife markets, specializing
mostly in exotic birds from Asia and around the
world. Pasay City in Manila is the focus of trade in
rare and endemic species from the Philippines.
In Myanmar, international border crossings with
Tailand and China (such as Tree Pagodas Pass,
Tachilek, Mong La and Golden Rock) also function
as wildlife markets. Te trade includes big cats and
bear parts. Keng Larb in northeast Shan State, is
becoming a new center for transnational wildlife
trade, mainly by river to China, Lao PDR and
Tailand.
Te demand for illegal tiger parts (skins for trophies,
penises, meat and bones for medicinal products)
is increasing, particularly in China. Buyers of tiger
parts are principally mainland business elites, public
ofcials and the military, supplied by dealers in
illicit medicinal products.
35
While India remains the
worlds largest supplier of tiger products, Indonesia,
Nepal, Tailand and Viet Nam have emerged as
increasingly signifcant players in the trade over
the last decade. Globally, there were 463 recorded
seizures of tiger products from 2000 and 2010,
including signifcant seizures in cities across China,
Indonesia, Lao PDR, Malaysia, Tailand and
Viet Nam.
36

Wildlife trafckers will change routes
opportunistically to take advantage of new
infrastructure, reduce transaction costs or avoid
detection by authorities. For example, ivory
shipments leaving Africa may take a multitude of
diferent international routes on their way to East
Asia. As a consequence, enforcement along any one
route may simply serve to divert or displace future
shipments.
37

Te data analyzed in the Elephant Trade Information
System (ETIS) show increasing frequencies of large-
scale ivory seizures around the world. In recent years,
ivory hauls of one metric tonne (mt) or more have
occurred with increasing frequency, suggesting the
growing involvement of African-based but Asian-
run organized crime syndicates in the trade. Within
Southeast Asia, large ivory seizures in Malaysia
between 2010-2011 indicate that the country was
a major trans-shipping hub in this chain. Tese
shipments were likely bound for China, as that
country has major ivory processing centers. As
noted above, shipments have been made under false
pretences, mislabeled as recycled plastics and mixed
with scrap plastic materials.
Te ability to move huge volumes of ivory at a time
(even up to 7 mt) is indicative of the sophisticated
criminalization of this trade. Te sophistication has
been driven by increased requirements for fnance,
investment in facilities for storage and staging
purposes, and the ability to exploit well-organized
trading links and networks between source countries
and end-use markets. Furthermore, organized crime
groups typically employ the tactics of collusion,
corruption and protection to subvert the efectiveness
of government regulators and law enforcers at
important trade transit points such as border
crossings, airports or seaports.
31
Te World Bank 2005: p. 105.
32
Nguyen 2008: p. 109.
33
Lohanan 2002: pp. 231-238; Stiles 2009.
34
Tis trend has also been analyzed for specifc species, see Todd 2011.
35
EIA 2010
36
Verheij and others 2010
37
ETIS 2011
82
1 C C 1 A L A
As outlined above, China
is the largest consumer in
East Asia and the Pacifc
of wildlife for food, for
traditional medicine and
other purposes such as
ornaments. In 2010,
Chinese Customs made
933 seizures of wildlife.
38

An analysis of the seizures
suggests that illegal wildlife
not only enters mainland
China, but is also exported
to neighbouring provinces
of Hong Kong (China)
and Taiwan (Province of
China), as well as Japan
and the Republic of Korea.
According to the ofcial
data, Beijing and Guandong
accounted for 80% of the
total number of seizures in
2010, mainly due to the
high level of connectivity of
these two towns by air and
sea ports. Te vast majority
of these seizures relate to
imports. In particular, the
number of seizures increased
during national holidays,
indicating that the trade
correlates with vacation
travel. Ivory represented
80-90% of such seizures,
equivalent to an average of two ivory seizures a day.
In 93% of the cases, the smugglers were Chinese,
travelling from East Africa and the Middle East
and detected at airports. Te ofcial data shows few
seizures in the Tibet Autonomous Region and in
provinces directly bordering Myanmar, Lao PDR
and Viet Nam, although diferent sources indicate
that those areas are exposed to large amounts of
illegal wildlife entering China.
39
In comparison with
other East Asian countries, sentencing for wildlife
trafcking in China is severe. Between the years
2000 and 2010, prison sentences for the illegal
trafcking of tiger parts ranged from fve years to life
imprisonment.
Te growth of internet commerce, including illicit
transactions contributed to the growing illegal
wildlife trafcking trade in the region. Te most
commonly traded item is ivory. But the trade also
includes many protected animal and plant species
including tiger parts, birds and primates. Online
traders disguise illegal items by using misnomers
or by advertising items as imitations but certify
product authenticity in the item description. In some
cases, wildlife items, including rhino horn and tiger
products, are advertised as historical artifacts, with
sellers claiming to have documentation showing
their provenance. Over the course of one week, the
International Fund for Animal Welfare found over
7,000 CITES-listed specimens and their derivatives
available on-line in 11 countries, advertised for a
total of US$3.8 million.
40

The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
Major seizures (indicative)
Tiger trafficking route
China
Bangkok
Myanmar
Thailand
Viet Nam
Lao
PDR
Illegal Trafficking
in Big Cats
Dimapur
(India)
Chiang
Rai
Three Pagodas Pass
Kawthaung
(Myanmar)
Panghsang
Mong La
Mong Hsat
Papun
Nepal
Boten Tachileik
Thakhek
Chong Mek
Medan
Vieng Thong
Malaysia
Sumatra
(Indonesia)
India
Ho Chi
Minh City
Hanoi
Cambodia
Bangladesh
Mizoram
S C
38
China Customs 2011
39
UNODC 2010
40
Todd and Place 2010
83
Chapter 7
. Who cre the trcjjclers?
Te illegal wildlife trade is a lucrative business
that involves a diverse range of actors, from rural
harvesters, professional hunters, intermediate
traders, wholesalers and retailers to fnal consumers
and users.
41
Illegal wildlife trade chains may be
as simple as individual consumers making direct
contact with specialty suppliers or it may involve
networks of global scales. Long-distance movements
of high-value wildlife require the involvement
of a wide range of brokers, middle-men and
shippers who are not necessarily wildlife traders
but rather experts in the contraband of illegal
goods, including drugs. Individuals involved may
include domestic and international specialists in
storage, handling, transport, processing, packaging,
exporting, marketing, security and retailing. Various
participants may handle ofcial expenditures
(such as purchasing permits and paying fnes), and
unofcial expenditures (bribes). Tey may also
provide loans against future delivery of wildlife.
42

Te involvement of organized networks dealing in
illegal wildlife in other crimes (e.g., drug trafcking,
human trafcking, etc.) is difcult to ascertain.
While there are sporadic reports of convergence
of wildlife crime with drug trafcking and alleged
human trafcking, such incidence at this stage is
considered occasional and largely opportunistic.
In fact, the trade in wildlife is very specialized and
it requires skills such as species identifcation
and animal handling that are not immediately
transferrable to other crime areas. Furthermore,
many specialized wildlife trafckers tend to engage in
this business because it has potential for high proft
margins with low-risk involvement. Nevertheless,
large scale trafcking operations in high-value
wildlife (such as ivory, rhino horn and tiger parts) do
require a range of brokers and middle-men who may
be involved in other forms of contraband. For them,
wildlife trade may not be the primary illicit activity,
but rather an additional income at relatively low risk.
Te illegal wildlife trade is probably best understood
as a collection of specialized sub-disciplines each
one accompanied by its own smuggling methods,
trafcking routes and markets. Tese are not
generally centrally controlled by a single leader,
but they do involve informal reciprocity. Diferent
types of wildlife crime are structured via myriad
arrangements that vary from loosely organized small
groups to large networks that control some or all
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
Major seizures in China
Route of illegal wildlife
smuggling
China
Beijing
Tianjin
J inan
Shanghai
Wenzhou
Fuzhou
Taipei
Xiamen
Hong Kong
(China)
Foshan
Kunming
Hanoi
Mandalay
Myanmar
Viet Nam
Taiwan (Province of China)
Illegal wildlife seizures in China
Guangzhou
Rep. of
Korea
J apan
These two zones account
for 80% of seizures in
China
S unCuC C C
41
TRAFFIC 2008
42
Nijman 2010
84
1 C C 1 A L A
facets of trade.
43
Te level of violence and force used
to commit wildlife crime especially in the poaching
phase varies signifcantly according to the market
value of the trafcked species.
In East Asia and the Pacifc, illegal wildlife harvesters
are predominantly rural poor people engaged in the
trade to supplement otherwise low incomes. Poachers
will often operate on an individual or ad hoc basis
as a result of specifc requests from a trader or a
middleman.
44
Survey data indicates that the majority
are adult men (women are involved in 20% of cases
and children in less than 10%), working with small
networks of family members or associates, who have
links to middlemen, markets or distribution centers.
In many cases poor rural people are dependent
on this income for their subsistence. Tis fact,
coupled with specialization and exclusivity in trade
chain relations, renders them particularly at risk of
exploitation by unscrupulous traders or middlemen.
Within East Asia, ivory trafcking has been
orchestrated by Chinese nationals. In 2008 and
2009, there were 134 seizures (16 mt of ivory)
which led to the arrest of several Chinese nationals
in Africa. Another 25 mt of ivory originating from
Africa (487 seizures) were seized en route to China.
45
Te involvement of Vietnamese and Tai nationals
has been reported in cases of rhino horn trafcking
from South Africa. Teir role ranges from the
fraudulent procurement of trophy hunting permits
to the smuggling of horns. Organized individuals
are reported to take advantages of legal loopholes,
such as in the case of trophy hunts, through which
it is possible to obtain valid CITES licenses for the
export of a single horn. In such case, individuals with
no experience in hunting and frearms use have been
reportedly hired as agents to procure special permits
and export horns to Viet Nam.
46
4. How is the money handled?
Most interdictions and investigations of wildlife
crime in East Asia and the Pacifc have not been
accompanied by eforts to understand and address
associated monetary fows. Consequently, little
is known about criminal fnancing and money
handling in the trade.
Typically, harvesters are paid upon sale of the illicit
wildlife good. In some cases however, harvesters
are paid advances by traders ordering particularly
valuable species. It is important to highlight that
harvesters are rarely paid a monthly wage to hunt or
gather wildlife on behalf of middlemen or traders.
47

Evidence suggests that harvesters are typically
connected with intermediary traders or middlemen.
Tese buying agents may receive wildlife products
directly from individual harvesters, or engage with
harvesting communities to acquire specifc wildlife
products.
Te value added over the course of the wildlife
marketing and processing chain can be substantial. It
tends however, to be unequally apportioned among
trade chain participants.
48
Te value of animals and
wildlife products typically increase by 25-50% as
they pass consecutive links in the supply chain. Tis
is particularly true in the case of rare medicinal and
luxury items (tiger parts, rhino horn and ivory). An
item worth just US$20 at the time of its capture can
be worth up to US$100 at point of export, US$600
at import in the destination country, and can be sold
to a specialist retailer at US$1,100.
49
Internet-based trade is another matter. A
proliferation of online chat rooms and forums
dedicated to exotic pets, coupled with new bank
transfer mechanisms like Paypal, have resulted in
a steadily growing illegal mail order trade in live
animals. Tere is potential to trace the perpetrators
if appropriate enforcement recourses are dedicated to
the problem
. Hou bi is the jou?
From a methodological standpoint, providing precise
estimates of the volume and value of the illegal
wildlife trade is simply not possible at this point in
time. Te trade is highly diverse and the available
data is very limited. Common sources of information
for conducting such an analysis are market surveys
and seizure data. However, both of these sources
are fawed to some degree. Market surveys provide
relevant information on the kind of species that
are more commonly traded as well as their related
43
Pires and Moreto 2011
44
Hoare 2007
45
Milliken and others 2011
46
Milliken and others 2009
47
TRAFFIC 2008: p. 26.
48
Neumann and Hirsch 2000
49
Hayman and Brack 2002: p. 11.
85
Chapter 7
Illegal wildlife trafcking in the Pacifc
Te Pacifc is increasingly becoming a source and
transit region for illegal wildlife trafcking. Due
to the diversity of terrestrial and marine species in
the Pacifc, depleting wildlife stocks in Southeast
Asia and the limitations of law enforcement to
address wildlife trafcking in Pacifc states, this
expanding trend is expected to continue. Te
trade poses a high threat to biodiversity both in
the Pacifc and on a global scale. Wild species
that exist nowhere else in the world are often
made up of small populations. Tese species are
therefore disproportionately sensitive to decreases
in population numbers. Due to such rarity, species
found exclusively in the Pacifc are popular in
pet markets, particularly in Europe, Japan, New
Zealand and the United States. As an example,
in 2010 three trafckers, with alleged links to the
illegal trade in iguanas in Fiji, were intercepted in
New Zealand with 16 jewelled geckos.
Te illegal wildlife trade includes reptiles, birds,
marine species and wild orchids.
50
Te Oceania
Customs Organisation (OCO) reported 55 seizures
of wildlife products in 2010. CITES data for the
Pacifc Islands report 374 seizures from 2005 to
2009. Most seizures were reported by Fiji with 56
and 76 seizure cases destined for New Zealand and
the United States respectively.
Te Solomon Islands is reported to be a wildlife
laundering hub for other Pacifc countries.
Available research data suggests that huge volumes
of CITES-listed birds are laundered through the
Solomon Islands into the global wildlife trade.
Large volumes of birds were found to be exported
from the Solomon Islands in the 2000s mostly to
Malaysia and Singapore. Te majority of CITES-
listed species are native to Indonesia or Papua New
Guinea rather than the Solomon Islands, but no
documented exports of these species were available.
Te large quantities of captive-bred birds produced
and exported from the Solomon Islands imply that
breeding facilities housing thousands of breeding
pairs must exist in the Solomon Islands. However,
the Solomon Islands State of the Environment
report from 2008 does not include captive-breeding
of birds.
51
Te illegal wildlife trade in the Pacifc region is
reportedly well organized by opportunistic criminal
networks and unscrupulous traders. New Zealand
is a source, transit and destination country for the
illegal wildlife trade. Between 2007 and 2011,
more than 13,000 seizures of prohibited wildlife
took place in New Zealand, mainly at airports.
52

Diferent enforcement operations in 2011 during
which couriers of German nationality were arrested
suggest the existence of an emerging market in
Europe for New Zealand lizards, specifcally geckos.
Te extent of the illegal trade in fora and fauna
in the Pacifc region remains largely unknown.
Several Pacifc countries are not parties to CITES,
including the Cook Islands, the Federated States
of Micronesia, the Marshall Islands, and Tonga.
Also, some Pacifc countries which are parties
to CITES do not systematically submit data as
required by CITES. Without the country data
required by CITES, a comprehensive assessment
of wildlife trafcking in the Pacifc is not possible.
Enforcement eforts within the region have been
severely hampered by the lack of government
endorsement of CITES recommendations and calls
for action against the illegal wildlife trade.
51
Shepherd and others (in press).
52
Information provided to UNODC by New Zealand Customs and the
Department of Conservation.
50
Based on data from the Wildlife Enforcement Group, Agriculture and
Forestry Conservation Department, New Zealand Customs Service.
86
1 C C 1 A L A
prices. Nonetheless, they do not capture the size
of the phenomenon either in terms of aggregate
volumes and values or in terms of geographic
coverage. On the other hand, seizure data provides
useful information on the volumes of the illegal
wildlife trade, but the ofcial data often fails to meet
requirements of quality, consistency and regularity in
the collection and recording phase.
Based on existing literature, and on the selection of
the limited data sources in this area, a conservative
estimate for the illegal trade in selected mammal
species to and within Southeast Asia and the Pacifc
is close to US$400 million, with more than half
of this trade involving ivory products (see chart
below).
53
Surprisingly, the value of the black market
for relatively unknown species such as pangolins
dwarfs the value associated with the rarer,
emblematic species, like tigers, which nevertheless
provide a highly proftable niche for organized crime
networks.
54

Although precise information is not available, it is
often reported that trafckers can obtain around
US$50,000 from the sale of one wild tiger or up to
US$60,000 per kilogram of rhino horn. According
to analysis conducted within UNODC, the proft
margins for this trade have reached values that can
be compared with other forms of transnational
organized crime such as methamphetamine and
heroin trafcking.
Contrary to common misconceptions, the largest
black market in wildlife products in the region
is not related to mammal species or reptiles but
rather to marine wildlife, such as live reef fsh for
food, ornamental reef fsh and corals. Tis market
which does not include of-shore illegal fshing is
estimated to generate an income of approximately
US$850 million for the criminal enterprises
involved.
55

Existing studies by NGOs, as well as recent
UNODC surveys among the law enforcement
community, reveal that the range of wildlife
illegally traded in Southeast Asia and the Pacifc is
signifcantly broader than the species mentioned
above. Tis includes snakes, turtles, monkeys,
orchids, lizards, slow loris, aloe vera, geckos and
many more. Data for this trade remain extremely
scattered and susceptible to miscalculations and
gross oversights. A review of some of the most
credible information (derived mainly from a few
market surveys) indicates a market value in these
species ranging from US$500,000 to US$1 million.
Nevertheless, this value is based on isolated market
observations at given locations (for instance some
specifc wildlife markets) and at given times (for
instance over a period of a few days/weeks). Such
observations do not therefore capture the real size of
the phenomenon neither in terms of annual revenues
nor in terms of regional coverage.
Based on the above analysis and in consideration of
the fact that the actual value of the illegal wildlife
trade in the region should encompass more species,
more countries, and highly volatile prices at retail
level, a conservative estimate values the regional
illegal wildlife trade at US$2.5 billion a year,
excluding illegal timber and of-shore fshing. Tis
amount includes wildlife that it is either traded in a
completely clandestine manner as well as wildlife that
is concealed, mis-declared and/or disguised within
legal shipments.

53
Tese estimates have been developed by UNODC on that basis of
limited information collected through existing publications, media and
consultations with NGOs. Te sample of mammals analyzed is limited
to those for which studies and information exist. Incomplete data in
relation to seizures and conservative estimates in relation to prices make
these estimates only partially reliable and reduced to a bare minimum
value.
54
Prices for tiger parts, rhino horns and ivory products have spiked in the
recent years, as a result of increased demand and a dwindling (and fnite)
supply.
55
Tese estimates have been developed by UNODC and TRAFFIC
on the basis of information gathered through Oko 2011; Wabnitz and
others 2003; and Monticini 2010. Final calculations are based on the
assumption that 75% of the total amount of global trade in ornamental
reef fsh and live reef fsh for food is illegal at catch or trade stages.
0
50,000,000
100,000,000
150,000,000
200,000,000
250,000,000
Elephant
ivory
Pangolins Rhino horn Bear bile
and bear
bile
products
Tigers
U
S
$
Figure 1: Value of the illegal wildlife trade in East
Asia and the Pacifc
Source: UNODC
87
Chapter 8
Illicit trade in wood-based products from
the region to the world
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
88
1 C C 1 A L A
1. Severe forest loss: deforestation,
degradation of forests, loss of biodiversity,
fooding and soil erosion.
2. Emission of greenhouse gases:
a signifcant percentage of CO2 emissions
come from deforestation.
3. Impoverishment of
marginalized communities: rural
poverty, loss of state revenues from legitimate
trade.
4. Institutional corruption: endemic
corruption in the forestry sector (complicity
of individuals along the entire production
chain, e.g., forest concessions, harvesting),
political corruption, compromised justice
system.
NATURE OF THE THREAT
89
Chapter 8
1. What is the nature of the market?
Economic growth and globalization have drawn
immense amounts of resources from rural East
Asia and the Pacifc. Among these are wood-based
products, including timber and paper. Since 2005,
the annual global trade in wood-based products
measures around 1.3 billion cubic meters, with an
import value of around US$350 billion
per year.
1
About half (45%) of the value
of the trade is in timber products (logs,
plywood and furniture) and the remainder
in paper products (wood chips, pulp and
paper).
2
Te demand for wood-based products
has led to extensive forest degradation in
some countries. Large areas of mainland
Southeast Asia, as well as Indonesia and
the Philippines, have been logged to the
extent of commercial exhaustion. Forests
in Papua New Guinea and the Solomon
Islands are being rapidly exhausted due
to extensive and unsustainable logging
activities.
3
Te key to re-establishing
sustainable forest management in the region is
good regulation (including reciprocal legislation
in importing countries), good forest governance
(including efective law enforcement) and pricing
which refects social and environmental costs
(especially of production). Both approaches
respect the rights of afected forest peoples and
land management, prevent the loss of biodiversity
and environmental services, the latter of which is
central to sustainable forestry. Unfortunately, every
regulation creates an opportunity for organized
criminal networks to proft.
Te news is not all bad. Some of the biggest
consumers or suppliers of wood-based products,
such as China and Viet Nam, are aforesting with
monoculture at a rapid rate. In 2000, only 38% of
Viet Nam was under forest cover, but by 2010, 45%
was under forest and tree cover. Between 2000 and
2010, China added almost 23 million hectares of tree
plantation. Conversely, many countries lost upwards
of 5% of their forest cover during that same period
and much bio-diverse forest has been replaced by tree
plantations.
Large quantities of wood-based products fow within
countries from rural to urban areas. Tey also fow
within the region, and outwards from East Asia. Tis
trade is refected in large volumes of exported timber
and paper products. As in all industrial matters,
China is both the largest importer of wood-based
raw materials and the biggest exporter of wood-based
products in the region. In 2010, China exported over
US$33 billion in wood-based products to various
regions around the world.
Alongside the legal global trade in wood-based
products comes illegal trade. Te majority of
the illegal trade is carried out by formal business
enterprises operating through fraudulent methods.
Corruption is often at play. Te illegal trade in
wood-based products difers signifcantly from some
other forms of trafcking in illicit goods, consumers
remain largely unaware of the illegal origins of what
they are buying.
Illegal wood-based products largely originate in
Southeast Asia, mainly Indonesia and Malaysia.
Some move directly to consumer countries, both
within and outside the region. Others are processed
1
Round wood equivalent (RWE) volume is a measure of the quantity
of logs used in making a given volume of product. It has been estimated
from source data by, for example, multiplying source data in units of
volume by (in cubic metres per cubic metre): 1.8 for sawn wood and 2.3
for plywood, or source data in units of weight by (in cubic metres per
tonne): 2.8 for wooden furniture, 3.5 for paper and 4.5 for wood-based
pulp. Te factors in cubic metres per cubic metre are similar to those
used by the UN Food and Organisation and the International Tropical
Timber Organisation.
2
Based on data obtained from UN Comtrade 2012.
3
Shearman and others 2008
Figure 1: Share of forest cover lost between 2000 and 2010
Source: lAC
4
-15%
-10%
-5%
0%
5%
10%
15%
20%
4
FAO 2010
90
1 C C 1 A L A
further within the region, mainly in China and
Viet Nam, before being exported. In addition to
supplies from many countries outside the region,
China imports large quantities of both legal and
illegal timber from Myanmar, Papua New Guinea,
Sarawak (Malaysia) and the Solomon Islands, as
well as pulp and paper from Indonesia. Smaller but
nevertheless substantial volumes of illegal logs or
sawn wood are supplied to China and Viet Nam
primarily from Cambodia, Lao PDR, Myanmar and
Sarawak (Malaysia). Te key point is that the legal
trade might contain illegal wood-based products. Te
illegal trade is embedded within the legal trade.
Although the problem persists, progress is being
made. China is importing a growing share of its
wood-based products from relatively safe sources,
including sources outside the region. In addition,
Figure 2: Formal exports of wood-based products
in 2010
S C unCuC
33
10
7
6
2.6
0.9 0.6
0
5
10
15
20
25
30
35
China Indonesia Malaysia Rest of
ASEAN
Viet Nam PNG and
Solomon
Islands
Myanmar
U
S
$

b
i
l
l
i
o
n
s
Total = US$60 billion
Figure 3: Formal exports of wood-based products
from China in 2010
S C unCuC
9.3
6.4
3.5
3
2.4
1.1
0.9
0.6
0.1
5
0
1
2
3
4
5
6
7
8
9
10
U
S
$

b
i
l
l
i
o
n
s
Total = US$33 billion
the Indonesian and Malaysian authorities have
made eforts to reduce exports of timber through
fraudulent documentation or via free trade zones.
Finally, recent eforts by consumer countries, such
as the US and the EU, to prohibit the supply of
illegal wood-based products is anticipated to result in
further progress.
z. Hou is the trcjjclin conducted?
Because illegal timber and all other illegal wood-
based products can be moved easily within the
formal trade through corruption and fraudulent
documentation, wood-based products are rarely
moved in an entirely clandestine way. In Southeast
Asia and the Pacifc, the majority of illegal timber
enters the formal trade in its country of origin
before it is formally exported. Clandestine trade or
smuggling of logs or sawn wood still occurs between
some of the countries in the region, particularly in
species which command high prices.
Given the limited infrastructure in many supplier
countries, this movement is likely to take place
through the same channels as the licit trade, along
the same highways to the same seaports, often by the
same transportation agents, and sometimes mixed
with licit timber. To move sufcient volumes through
the front door, corruption is almost always part of
the process.
As a result, illegal logging is rarely done through
shadowy chainsaw gangs. More often, the logging
is conducted by companies with a public face, often
with international shareholders, who are already
involved in the licit trade. Logging becomes illegal
when the permits are acquired through bribery,
or where protected species are involved, or where
the harvesting takes place outside the agreed
concession. For example, in 2011 in Papua New
Guinea, a Malaysian company was ordered by the
National Court to pay almost US$100 million to
forest communities for extensively logging outside
its concession area some years earlier.
5
In Sarawak
(Malaysia), it has been reported that concessionaires
frequently ignore relevant laws in their logging
operations.
6

5
Hance 2011
6
Lawson 2010; Auditor General of Malaysia 2008: pp. 68-91.
91
Chapter 8
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92
1 C C 1 A L A
Document fraud can also facilitate illegal logging.
Logging and concession permits may be forged, or
simply bought from corrupt ofcials, thus rendering
any activity based on these authorizations illegal.
Authorities may also issue documents to logging
enterprises that are ineligible to receive them, such as
those that do not submit proper forest management
plans. Fraudulent paperwork can also be used to
falsely certify the origin of timber, re-certifying the
origin of logs from acceptable sources.
Logs can also be laundered from unauthorized
logging areas to legal logging zones, or to mills that
process logs from authorized areas. In some cases,
illegal logs may be laundered transnationally.
7

In addition to timber
8
, the production and trade
of illegal pulp and paper has for several years
been alleged to be associated with a wide range of
illegalities. Much of this is supplied from Indonesia
to China, perhaps made partly from legally produced
pulp or pulpwood. Shipping companies are
increasingly concerned about complicit association
with the illegal trade.
9

Transnational movement of illegal wood-based
products may require bribery of port authorities to
ensure passage of illegal shipments, or to avoid taxes.
Enterprises and brokers exporting illegal wood-
based products through formal supply chains may
also use fraud to facilitate their business activities.
For example, transfer pricing between enterprises
and brokers enables wood-based products to be
sold at below-market prices to minimize taxes and
duties. Enterprises or brokers may also falsely declare
products as certifed or in line with technical
standards.
Te existence in this region of two large free trade
ports like Hong Kong (China) and Singapore has
also the efect of transferring the burden of the
shipment inspection to the destination country, such
as China. When shipments containing illegitimate
wood products are received from the origin country
with fraudulent documentation, ports authorities
in the transit country often have little incentive
to inspect the shipment if the container is only in
7
Global Witness 2003: pp. 64-65.
8
Tis refers to non-manufactured wood-based products (not processed
furniture etc.).
9
See for example Maersk 2011; Landrot and Lo 2007.
transit. As a result, if inspections at the origin are
not duly conducted, a Free Trade Zone can become
unknowingly a consolidation hub for legal and
illegal timber. In such cases, the burden to interdict
the illegitimate movement of such wood products
will fall almost exclusively on the authorities in the
destination country.
. Who cre the trcjjclers?
Te production and trade of illegal wood-based
products involves a wide range of actors and
enterprises along the supply chain from source forests
to consumer markets. Small-scale loggers, national
and multinational logging and wood-processing
enterprises, brokers with related white-collar agents,
and shipping companies play diferent roles in the
illegal production and trade, often through their licit
commercial activities.
In the regions tropical forests, small-scale loggers
require no more than a chainsaw, transport and
connections to a market. While large-scale logging
enterprises account for most of the logging in the
some countries of the region, small-scale loggers
have been prominent in countries such as Indonesia
and the Solomon Islands, where forest is largely
exhausted. Generally, small-scale loggers will work
for cash on behalf of individual businesses, or even
state ofcials, who have established connections to
bigger markets. Tere are some cases in which forest
communities have sold trees to small-scale illegal
loggers for immediate income, in anticipation of
entire community forests being illegally logged by
large-scale loggers without ofering compensation.
In 2011, Cambodian forest communities reportedly
set fre to illegally cut logs in protest of the economic
consequence on their forest-based livelihoods of
large-scale illegal logging.
10

Large-scale enterprises involved in illegal logging,
timber processing, paper and pulp manufacture
operate at all levels of the formal trade. Many
transnational logging and timber processing
enterprises in East Asia and the Pacifc depend on
illegal activities, such as the illegal exploitation of
concessions or forest conversion, to conduct their
operations. Some of these timber enterprises and
10
Al Jazeera 2011, Cambodians fght illegal logging, Al Jazeera Asia-Pa-
cifc News, 12 November 2011
93
Chapter 8
their associates have diversifed into palm oil,
11

which has caused concern about the legality of
the large volumes of timber which derive from
forests converted into other land uses, such as
palm plantations, particularly in Indonesia and
Sarawak (Malaysia). Less established enterprises also
pursue lucrative opportunities in logging and forest
conversion, but given their lack of experience in
logging, concerns have been raised about the legality
of some of their activities.
12

In Sarawak, for example, a few large-scale logging
enterprises dominate the timber industry, which
mainly exports timber to China, India, Japan,
Republic of Korea and Taiwan (Province of China).
Weak forest governance and corruption related
to Sarawaks timber industry has been widely
criticised.
13
Several of these Sarawak-based enterprises
also have international timber business interests in
Papua New Guinea and the Solomon Islands, and as
far afeld as Africa and South America.
Regional brokers are used by enterprises to act as
intermediaries in the chain of ownership of timber
between exporting and destination countries.
Tese brokers have been known to operate from
the main trading hubs in the region such as Hong
Kong (China) and Singapore.
14
In the early 2000s,
before Indonesia stepped up its eforts to combat
the illegal logging trade, Indonesian illegal timber
entered Singapore to be laundered through Free
Trade Zones for formal transportation to China,
India and Malaysia.
15
One watchdog agency reported
at that time that Singaporean businesses including
traders, shipping agents and banks, were directly
involved in the laundering of timber.
16
Te role of
these intermediaries was said to include bribery and
falsifcation of documents.
17
Since 2005, the activities
of such brokers have declined due to decreasing levels
of illegal trafcking of logs and sawn wood from
Indonesia.
Ofcial corruption plays a central role in the
supply of illegal wood-based products from East
Asia and the Pacifc to consumer markets. In the
Solomon Islands, for example, collusion between
state ofcials and the timber industry has resulted in
the blurring of legal and illegal trade in relation to
formal export-oriented log production. According to
Transparency International, Government ministers
continue to have substantial discretion over logging
activities with limited accountability.
18
In some
cases, senior ministers have direct interests in logging
concessions.
19
Parts of the logging industry may not
strictly follow government policy or laws related
to forest governance in such circumstances.
20
Law
enforcement remains inefective against this alliance
between the logging industry and politicians.
Similarly, Papua New Guineas logging industry is
associated with widespread corruption. High-level
ofcials allegedly have personal interests in specifc
enterprises in the countrys export-oriented logging
industry, which primarily supplies exports to China.
In 2004, one of the logging companies operating
in Papua New Guinea was expelled from the New
Zealand Timber Importers Association due to its
complicity in illegal logging and unsustainable
forest management.
21
In 2006, the Government
commissioned a review of the logging industry and
it concluded that none of the operations evaluated
complied with national laws or regulations.
22

Available data from prosecution cases in Indonesia
show the nature of the complicity between the
timber and pulp industries and government
ofcials in the past. In 2007, the Governor of East
Kalimantan Province, along with two government
ofcials and the executive of a logging company,
were convicted for authorizing illegal logging. An
Indonesian parliamentarian received an eight-year
sentence for accepting bribes for the approval of
forest conversion in designated protected zones
in South Sumatra and Riau in 2008.
23
In 2008,
the Government Regent in Pelalawan district (Riau
Province) received an 11-year sentence. Te Head
of the Forestry Ofcial in Riau received a fve-year
sentence for issuing logging concessions permits to
15 logging companies that conducted illegal logging
activities between 2002 and 2003.
18
Transparency International 2011: p. 4.
19
Transparency International 2009: para. 11-12. See also, Fraenkel 2008:
p. 155.
20
20% of production should be transformed prior to export. See Gay
2009: p. 211.
21
NZGP 2004
22
Forest Trends 2006: pp. 30 and 33.
23
Wardany 2009
11
For example, KTS, Rimbunan Hijau, Samling, Shin Yang, Ta Ann,
and WTK, which are all based in Sarawak. See Faeh 2011, and also
Colchester and Chao 2011.
12
Colchester and Chao 2011: p. 14.
13
Lawson 2010; Auditor General of Malaysia 2008: pp. 68-91.
14
EIA/Telapak 2005: pp. 10 and 19.
15
EIA/Telapak 2003: p. 6.
16
EIA/Telapak 2005: pp. 10 and 19.
17
EIA 2003: p. 1.
94
1 C C 1 A L A
Despite recent strong law enforcement eforts in
Indonesia, very few of those involved in the past have
received substantial sentences. Of the 49 government
ofcials and high-level timber entrepreneurs charged
between 2005 and 2008, as many as 35 or around
71% were acquitted.
25
Te high rate of acquittal
led the Indonesian Presidents task force on judicial
corruption to re-open a number of high-profle cases
in 2010.
26

Corruption and collusion linked to the illegal timber
trade is not limited to politicians and state ofcials
in the region. In recent years, ofcial businesses
involving military ofcials from countries in the
region are reported to have been associated with
illegal logging. In fact, in some countries, the state
or state ofcials, particularly military ofcials, are
party to logging enterprises. Te Indonesian military
had formal business interests in timber and pulp
production for many years.
27
Despite strong eforts
by the Cambodian authorities to minimize illegal
logging, individual Cambodian politicians and
military ofcers reportedly continue to be involved in
illegal logging activities.
28
Furthermore, in Cambodia
the level of violence associated to the illegal trade
of timber seems to have escalated in April 2012
when a renowned environmental activist was shot
dead by allegedly a military police ofcer, while
24
Indonesian Corruption Watch 2008: pp. 5-6.
25
Indonesian Corruption Watch 2008: pp. 5-6.
26
EIA/Telapak 2010: p. 1.
27
HRW 2006: pp. 64-65; HRW 2010b: pp. 7 and 13; Also see, EIA/
Telapak 2005: p. 8.
28
Global Witness 2010
Figure 4: Verdicts (in prison terms) for illegal
logging cases in Indonesia, 2005-2008
S l C W
24
Acquied
68%
<1 years
24%
1-2 years
5%
>2 years
3%
29
See David Boyle and May Titthara, Slain activist Chut Wuttys death
still a mystery, Phnom Penh Post, 27 July 2012. Accessed on 8 August
2012 at: http://www.phnompenhpost.com/index.php/2012072757667/
National-news/the-chut-wutty-mystery.html.
30
EIA 2008: p.15 ; EIA 2011: p. 9.
31
FAO 2012a
32
FAO 2012b
33
Lawson and MacFaul 2010: pp. 34 and 37.
34
Seneca Creek / WRI 2004. Although the research method used a nar-
row range of low-value wood-based products, these estimates have been
widely accepted as reliable in relation to illegality in the timber industry,
including the World Bank and Interpol. See Interpol 2010b.
35
Turner and others 2007: p. 23.
investigating a case of illegal logging.
29
In Viet Nam,
state-owned and military enterprises are allegedly
involved in the illegal supply of timber, and have
links to high-level state ofcials, including military
ofcers, in Cambodia and Lao PDR.
30

(. Hou bi is the jou?
Many of the countries in East Asia and the Pacifc
play prominent roles in the vast global trade in
illegal wood-based products. Nonetheless, due to
the important role that corruption plays in timber
trafcking, very little illicit wood or wood-based
products are seized. For example, in 2008, Malaysian
authorities reported seizures of only 80,000 cubic
metres of illegal logs,
31
while in 2007 Indonesian
authorities reported seizures of only 20,000 cubic
metres of sawn wood.
32
Tese seizures represent only
a fraction of a percent of the wood-based products
that Malaysia and Indonesia formally export.
33

Since nearly all illicit timber is introduced into the
licit commercial stream, any estimate of the illicit
trade must be based on the declared trade statistics.
Ofcial assessments of the illegal trade may also
underestimate the scope of the illegality. In general,
ofcial trade assessments confne the meaning
of illegality to criteria such as the diameter or
species of the tree, whether the tree was felled in an
authorised area or whether quotas were exceeded.
Such ofcial assessments generally estimate illicit
timber to comprise 1% or 2% of the formal trade.
Tere have been independent assessments of the
proportion of illegal wood-based products for several
countries in the region. Tese include estimates
in 2004 by Seneca Creek and Wood Resources
International
34
and research conducted in 2005 for
the New Zealand government.
35
Both these only
considered logs, sawn wood and plywood. Te
proportions of illegality suggested in these reports
95
Chapter 8
might now be out of date, but few similar eforts
have been made since.
36
Tey thus serve as a basis for
comparable estimates today.
In 2010, UNODC provided an assessment of the
volume and value of illicit timber exported from
Southeast Asia to the EU and the rest of Asia.
37
It was
estimated that around 10 million cubic meters were
exported, with a value of some US$3.5 billion. Te
current assessment difers from most earlier estimates
in that, furniture, paper and pulp are considered.
Looking at bilateral trade fows for each type of
wood-based product and estimating the illegal
share for each fow, a new estimate for 2010 can
be produced (see the fgure below showing this
UNODC TOCTAs new estimate of the proportion
of illegality in value terms for East Asia and the
Pacifc).
38
Overall, it is estimated that the export
value of illegal trade from and within the region in
timber sector products is equal to approximately
US$11 billion, while the export value for paper and
pulp products is equal to US$6 billion. Based on
these estimates, 30-40% of the total quantity and
export value of wood-based products exported from
the region in 2010 derive from illegal sources. Tis is
in keeping with previous estimates of the share of the
market that involves illegally sourced wood.
39
Figure 5: Recent estimates of the proportion of illegality in the formal trade of wood-based products
from regional countries in East Asia and the Pacifc
S S 1 unCuC
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Seneca 2004
Turner 2007
UNODC 2012
36
Lawson and MacFaul 2010: pp. 34 and 37.
37
UNODC 2010: pp. 161-169.
38
Te basis for the method used in this assessment is that declared trade
is not necessarily legal. Consequently, realistic estimates of the proportion
of illegal products in the formal trade are needed to calculate volumes
and values. Te estimates used take into account illegality in the minor
clandestine trade but also the sustainable management of logging con-
cessions, land-use designation, corruption and fraudulent methods. In
the processing of wood-based products, the practice of combining illegal
imported wood materials with legal wood materials that renders subse-
quent export products illegal is also factored in to production estimates
in relevant source and processing countries. Te proportions of illegal
trade in this assessment derive from the totals of bilateral trade in specifc
products. Te data presented for 2010 is a UNODC estimate based on
the export value in US dollars.
39
It has been estimated that 20% to 40% of global timber comes from
illegal sources. In 2008, the World Wildlife Fund estimated that 40%
of the wood-based products entering the EU from Southeast Asia and
China were from illegal sources. Te World Wildlife Fund has also placed
the illegal timber content of Chinas imports at between 30% and 45%.
See WWF 2008: p. 17 and WWF 2010.
96
1 C C 1 A L A
40
Tis assessment assumes that all the illegal logs and sawn wood that are
imported into Viet Nam are either re-exported or exported subsequent to
transformation.
Figure 6: Exports of illegal wood-based products
within and from East Asia and the Pacifc
S unCuC
China, $7bn
Indonesia, $6bn
Malaysia,
$1.3bn
Myanmar,
$600m
Viet Nam,
$700m
Papua New
Guinea and
Solomon
Islands, $800m
Rest of ASEAN,
$500m
Total = US$17 billion
Figure 7: Imports of illegal wood-based products from East
Asia and the Pacifc
USA, $2.40bn
EU, $2.30bn
Japan, $2.10bn
China, $2bn
Others, $1.90bn
Middle East
, $1.30bn
Republic of
Korea, $800m
India, $800m
Australia, $500m
Taiwan (Province of China), $500m
New Zealand, $60m
Total = US$17 billion
Rest of ASEAN,
$2.10bn
S unCuC
Te estimates above suggest that
approximately 58 million cubic metres of
illegal wood-based products were exported
from and within the region in 2010. Such
quantities translate into an estimated
export value of illegal trade close to
US$17 billion for 2010. Te total includes
around US$2.4 billion that was imported
by the US, around US$2.3 billion by
the EU, around US$2 billion by Japan,
and around US$2 billion by ASEAN
countries.
Wooden furniture and paper together
account for almost 50% of the export
value of illegal wood-based products from
and within East Asia and the Pacifc.
As one might be expect, the data indicates that the
major fows of illegal wood-based products from the
region are from China, Indonesia and Malaysia to
the EU, the US, and Japan. Te illegality associated
with much of those exports from China derives from
imported wood-based raw material, particularly
from Indonesia. China is the leading destination
for most of the illegal logs exported from many
countries around the world, including Papua New
Guinea and the Solomon Islands. Viet Nam imports
a smaller quantity of illegal timber from the region,
mostly from Cambodia, Lao PDR and Myanmar.
40

Japan imports most of the illegal plywood which is
exported from Indonesia. China and Indonesia are
the only suppliers of illegal paper sector products in
the region.
Te assessment of available data leads to the
conclusion that the regions of East Asia and the
Pacifc account for approximately 70% of the global
illegal timber exports reaching the markets either in
the form of tropical timber products or other wood-
based products. Te alarming estimation conveys a
regional specifcity demanding that any sustainable
solution to reduce the size of the global illegal trade
in wood products must urgently address regional
forestry authorities and the institutions of the
criminal justice system.
97
Chapter 8
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98
1 C C 1 A L A
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99
Chapter 8
S unCuC
S unCuC
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
$180m
$700m
$180m
$500m
$350m
$360m
$150m
$500m
$170m
$160m
$160m
$120m
$130m
$120m
Estimated exports of illegal timber sector
products within East Asia and the Pacific
China
ASEAN
Rep. of Korea
J apan
Australia
Indonesia
Myanmar
Malaysia
Taiwan
(China)
Papua
New Guinea
Solomon
Islands
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
ASEAN
Estimated exports of illegal paper sector
products within East Asia and the Pacific
China
$190m
$700m
$700m
$310m
$390m
$110m
$180m
$190m
Rep. of Korea
J apan
Indonesia
Taiwan
(China)
Australia
101
Tis chapter has been developed with the kind contribution of the United Nations Environment Programme.
Chapter 9
Illicit trade in electrical and electronic
waste (e-waste) from the world to the
region
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
102
1 C C 1 A L A
NATURE OF THE THREAT
1. Environmental disruption:
pollution of soil and water systems, emission
of greenhouse gases, thinning of ozone
layer, negative impact on marine and forest
ecosystem by ultraviolet radiations.
2. Negative impact on human
health: toxic metals and ultraviolet
radiations afecting immune, respiratory and
digestive systems, including high risk of skin
cancer and eyes diseases.
3. Socio-economic
impoverishment: increase costs
for public health, reduced agriculture
productivity, food insecurity and poverty.
103
Chapter 9
1. What is the nature of this market?
Electrical and electronic waste (e-waste) is the fastest
growing waste stream in the world. Globally, the
United Nations Environment Programme (UNEP)
estimates that up to 50 million tons of e-waste is
generated every year, with only 10% of it being
recycled.
1

Broadly, the term e-waste covers a host of electronic
items, such as personal computers, televisions,
mobile phones, and printers, as well as electrical
goods like refrigerators and air-conditioning units.
Te growth in e-waste is a consequence of the
digital economy and rapid innovation in consumer
electronics, as continuous product developments
lead to a rapid turnover of electronic devices.
Consumption in emerging markets is rising rapidly.
For example, sales of personal computers in China
reached 40 million units in 2008. Tis was second
only to the United States. In the same year, 190
million new mobile phones were sold in China.
2

China generated an estimated 1.7 million tons of
e-waste in 2006. Tis volume is predicted to rise to
5.4 million tons by 2015. In 2012, it is estimated
that 190 million personal computers and 74 million
televisions will become obsolete in China.
3
All
this will require management of e-waste, whether
through direct re-use, reclamation, resource recovery,
recycling or disposal operations. An emerging factor
that creates incentives for recycling of e-waste is the
scarcity of precious and rare earth metals contained
in electronics. Terefore the recycling and recovery
market becomes an important element impacting
both the legal and illegal transboundary movement
of e-waste worldwide.
Despite such growth in China, the main generators
of e-waste are still the developed countries in the
European Union (EU) and the US. Since 2008, the
EU has produced on average 6.5 million tons of
e-waste each year. Tis fgure is set to almost double
to 12 million tons by 2015. In terms of per capita
e-waste generation, the UK rate is 15 kg per year,
and Germany 13.3 kg, while Japan generates 6.7 kg
and China 1.7 kg.
4

Te e-waste trail often begins in Europe, the
United States and Japan, where discarded electronic
and electrical equipment is collected by recycling
operations. Tere are two main ways in which old
equipment can be discarded. First, private consumers
dispose of used equipment at municipal waste
collection sites. Te second is where businesses
contract a specialized waste company to collect and
treat defunct equipment. In principle, discarded
equipment is then tested in order to separate working
items from non-working items. Te latter (e-waste)
should be dispatched to specialized recycling
facilities. In reality, the e-waste is often diverted onto
the black market due to a lack of sufcient auditing
and oversight, Te motivations are numerous: frst,
avoid the cost of legitimate recycling, and, second,
receive payments for the scrap equipment. Further,
the trade of used electronic and electrical equipment
can be driven by the re-use value of products and
waste exported to developing countries. In such
situations the equipment (whether in working or
less likely non-working condition) can fetch prices
far above their intrinsic material value.
5
Globally, trade in hazardous and other wastes,
including e-waste is regulated under the Basel
Convention on the Control of Transboundary
Movements of Hazardous Waste and their Disposal
(1992). Te Convention was developed in response
to a series of scandals in the 1980s involving the
dumping of toxic waste in developing countries.
Currently, 178 countries are parties to this
Convention, including almost every country in East
Asia and the Pacifc.
6

A raft variety of international, regional and national
agreements, as well as legislation and other measures
further regulate or restrict the trade in hazardous
and other waste in general or e-waste in specifc.
Within the EU, the Waste Electrical and Electronic
Equipment (WEEE) Directive seeks to promote
recycling to reduce the amount of e-waste being
dumped in landfll sites. Under the EUs Waste
Shipments Regulation, transfer of e-waste to
countries which are not members of the Organisation
for Economic Cooperation and Development
(OECD) is prohibited. China banned the import of
used electrical and electronic equipment in 2000. In
many other Asia Pacifc countries, specifc national
1
UNEP 2010. Tis fgure tallies with business research fndings of 53
million tons of e-waste produced in 2009, of which only 13% was
recycled. See also: ABI Research 2010.
2
Foreign Policy 2009, E-waste: Teres an app for that, Foreign Policy,
23 September 2009
3
Chi and others 2011
4
Ongondo and others 2011
5
Secretariat of the Basel Convention, December 2011.
6
Only one country has not yet acceded to the Basel Convention. http://
archive.basel.int/ratif/convention.htm#10.
104
1 C C 1 A L A
Overview of Pollution Crime
Tere are many forms of transnational organized
environmental crime, and as the world becomes
increasingly connected through trade and
regulation of this trade, new forms will continue
to emerge. One of the two main subsets of
environmental crime is crime related to the illicit
harvesting of natural resources, notably wildlife and
timber resources, which were addressed in the two
previous chapters.
Te other main subset is pollution crime, notably
the smuggling and dumping of hazardous wastes,
including electrical and electronic e-waste, and
the trade in ozone-depleting substances (ODS).
Te international trade in these products is
regulated by global treaties, and substantial legal
markets do exist.
East Asia plays a prominent role in the illegal trade
of both e-waste and ODS. Te region is a major
recipient of illicit e-waste. It is also the largest
producer of ODS. It is estimated that up to 10
million tons of e-waste are traded illegally into and
around the region every year, with a potential value
of at least US$3.75 billion. Approximately 3,660
tons of ODS are illegally traded from and within
the region every year, with an estimated value of up
to US$68 million per year.
Tese crimes are of international concern. Te
world is one vast ecosystem, and the release of ODS
anywhere in the world impacts our common ozone
layer. Dumping e-waste negatively impacts shared
soils and water systems, not to mention the harm
caused to human health by the illegal disposal of
these materials.
Tese materials are generally illegally disposed of
in less developed countries, where criminals take
advantage of lax or non-existent environmental
controls or less efective enforcement or both in
order to proft at the expense of both human and
environmental health from unsound recycling and
disposal practices.
Illegal trafcking of hazardous and other wastes,
including e-waste, is specifcally defned under the
Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their
Disposal. In fact, Parties to the Convention are
required to introduce national/domestic legislation
to prevent and punish the trafcking.
e-waste regulations are not in place and thus, e-waste
is handled under hazardous waste regulations due to
the presence of toxic materials. Te US, while not a
party to the Basel Convention, regulates exports of
equipment containing cathode ray tubes (CRTs) -
mainly from computer monitors and television sets -
under the Resource Conservation and Recovery Act.
All of these regulations seek to prevent hazardous
waste from being dumped into developing countries
that lack the infrastructure and facilities to safely
recycle or dispose of it.
E-waste is classifed as hazardous waste due to the
presence of toxic materials which can be considered
either hazardous or non-hazardous waste in
accordance with the Basel Convention and can
have adverse impacts on both the environment and
human health. For example, CRT monitors contain
up to 2 kg of lead,
7
which is toxic to humans. Yet, in
addition to being hazardous, e-waste also contains
commercially valuable elements, such as copper and
gold. One ton of computer scrap contains more gold
than 17 tons of ore. Ideally these valuable materials
should be retrieved through safe recycling practices
in modern facilities. Nonetheless, environmentally-
sound recycling has signifcant cost implications.
Unscrupulous recyclers and waste brokers in
Australia, the European Union, Japan and the United
States efectively avoid costs and obtain income from
the illicit trade. For example, Australia reportedly
only recycles around 5% of e-waste collected, but
exports around 60% of used computers that are
collected through recycling schemes.
8
7
See Why do CRT monitors contain lead? in How Stuf Works. Avail-
able: http://computer.howstufworks.com/question678.htm.
8
Agence France Presse 2011, Australia starting to groan under the
weight of a growing mountain of electronic waste, Agence France Presse,
27 May 2011.
105
Chapter 9
13
Reuters 2007, Chinas e-waste capital chokes on old computers,
Reuters, June 11, 2007.
14
USGAO 2008
15
Ongondo and others 2011
16
Report of the Regional Workshop on the Environmentally Sound
Management of E-wastes, Siem Reap, Cambodia, March 2007.
It costs up to US$18 to
safely remove lead from one
CRT monitor in the United
States.
9
It is estimated that
illegal disposal of e-waste
such as CRTs provides an
economic saving of between
200% and 400% of the cost
of legitimate recycling.
10
Tis
has led to modern recycling
facilities failing to obtain the
predicted volume of e-waste.
In the UK, the recycling
industry anticipated an
annual volume of 1.5
million tons of e-waste for
processing, yet the actual
quantity received was only
a third of this.
11
Similarly,
a recycling plant set up in
Hangzhou, China, has an e-waste processing capacity
of 700 tons a year, but only dismantles 90 tons.
12

Another factor in the proftability of e-waste
smuggling is the relatively low cost of shipping
containers from the United States and European
Union to China. After delivering goods from China,
containers which would otherwise return empty
can be used to transport e-waste on the return leg,
leading to lower costs for cargo such as e-waste.
In summary, what drives the illicit trade is a
combination of two factors: the market value for
commercial metals and other elements in e-waste
plus the efort to avoid paying the price for safe
recycling.
However, the informal recycling of illicit e-waste
carries a high cost in terms of health and the
environment. Outdated practices release a host of
damaging pollutants. Plastic casings on cables are
burned to get to the copper inside. Printed circuit
boards are heated over coal-fred grills, emitting lead.
Open acid baths are then used to separate out copper
and gold. CRT monitors are dismantled by hand
and components with no resale value are dumped
near rivers. Te impact on the health of the workers
and the surrounding environment can be severe.
In Guiyu, Guangdong province, the hub of the
informal recycling system in China, the state media
estimates almost nine out of 10 residents sufer from
problems with their skin, nervous, respiratory or
digestive systems.
13
One study found that children in
Guiyu had levels of lead in their blood 50% higher
than those in neighbouring villages.
14
Water, air and
soil in the area is polluted by toxic heavy metals and
persistent organic pollutants that enter the food
chain.
z. Hou is the trcjjclin conducted?
In East Asia and the Pacifc, the illicit trade appears
to be driven by recycling for metals to be used in
manufacturing. Within the region, China is the
main destination for e-waste, despite the fact that
the country banned the import of used electronic
and electrical equipment in 2000. Globally, it is
estimated that 80% of e-waste is shipped to Asia
(including India) with 90% of that amount
destined for China.
15
Te main sources of e-waste
reaching China are the European Union, Japan and
the United States. Such shipments are in breach of
the law in the countries of export as well as in China.
Secondary centres for e-waste trade in the region
include Indonesia, Tailand and Viet Nam.
16

9
Interpol 2009
10
Tompson and Chainey 2011
11
Te Guardian 2009, Dirty Deals, Te Guardian, 9 July 2009.
12
Chi and others 2011
Figure 1: E-waste generation, per capita (selected countries, most recent
year available)
S C
0 5 10 15 20
India
South Africa
China
Argenna
Canada
Brazil
Japan
USA
Switzerland
Germany
UK
Kg /per capita
106
1 C C 1 A L A
17
Shinkuma and Huong 2009.
18
Ongondo and others 2011.
19
Shinkuma and Huong 2009.
20
Chi and others 2011.
21
Te main type of e-waste seized was cathode ray tube computer mon-
itors and televisions. In total, 1,100 tons of CRTs and televisions were
seized, equivalent to 36% of all hazardous waste intercepted by weight.
In terms of source countries, 200 tons of CRTs came from the United
States, 380 tons of CRTs and 94 tons of televisions came from Japan,
250 tons of CRTs came from the EU (170 tons from Belgium, 47 tons
from Italy and 34 tons from Germany), 56 tons of CRTs from Taiwan
(Province of China) and 28 tons of CRTs from Singapore. Source:
RILO-AP 2007.
In China, the bulk of illicit consignments of e-waste
are shipped via Hong Kong (China), with increasing
imports via Viet Nam. Most of the waste ends up
in the southern Chinese province of Guangdong,
where it enters the informal recycling sector. Te
main demand in this sector is for CRT monitors and
printed circuit boards.
In Guangdong province, the main centre for
the informal recycling of e-waste is Guiyu, with
secondary centres in Dongguan, Foshan, Shunde,
and Zhongshan.
17
Guiyu alone processes over
one million tons of e-waste annually.
18
Informal
recycling is characterised by low-cost, labour-
intensive practices with no regard for health and
environmental impact. Compared with the more
capital intensive formal recycling sector, the informal
centres continue to prosper. Tis is because informal
centres can avoid the costs associated with health and
environmental protection. Tere is a plentiful supply
of waste from illegal imports as well as collections
within China itself (where 60% of e-waste generated
is estimated to go into the informal sector). Te
informal centres generate high rates of recovery.
And there is a high level of downstream demand.
While the price ofered by the informal centres for
one ton of printed circuit boards is around US$420
in Guiyu, a modern authorised recycler in eastern
China can ofer only US$250, due to their increased
costs of safe treatment.
19
Coupled with the afore-
mentioned lack of national or regional regulations
on e-waste and value of extracting raw materials,
it is also the relatively higher fnancial gain from
this extraction in the informal recycling sector that
exacerbates the high economic interest in improper
recycling and recovery of materials from e-waste.
Ultimately the products recovered from informal
recycling are sold to the manufacturing sector,
often via networks of brokers both legal and
informal. From Guiyu, components are sold to
major electronics manufacturing centres such as
Shenzhen, with copper and other metals ending
up in refneries.
20
Te Chinese government has
been promoting more modern recycling parks and
attempting to improve practices in the informal
sector such as replacing coal-fred grills with
Figure 2: Sources of seized CRT in Hong Kong
(China), March October 2007
S 8lLCA
Japan
46%
EU
20%
Taiwan
(Province of China)
7%
Singapore
3%
USA
24%
electric heaters, but the resilience of the informal
recycling sector continues to be a key factor driving
demand for illicit e-waste.
Te fow map of e-waste in the East Asia and Pacifc
region refects the pivotal role of China as the main
recipient from developed countries around the world.
But China is also a growing generator of its own
e-waste. It is also the regions largest manufacturer
with high demand for components and metals.
One of the most comprehensive insights into the
illicit e-waste trade comes from the results of Project
Sky-Hole Patching, initiated in Asia and the Pacifc
by the World Customs Organization (WCO)
and UNEP. Tis operation was carried out in 21
countries under the aegis of the WCOs Regional
Intelligence Liaison Ofce for Asia-Pacifc and
instigated by China Customs. Te frst phase began
in September 2006 and focused on ozone-depleting
substances, with hazardous waste movements added
from March 2007. Te aim of the project was to
foster regional cooperation between customs agencies
through intelligence sharing and interception of
illegal shipments.
Over eight months (March-October 2007) Hong
Kong Customs intercepted 98 illegal shipments of
hazardous waste from 25 countries, predominantly
the European Union, Japan and the United States.
21
107
Chapter 9
22
Te role of Hong Kong port as a central hub for e-waste trafcking is
confrmed by information gathered by the Basel Action Network tracking
shipping containers of used CRTs leaving the United States in contraven-
tion of the countrys regulations. From 2008 to 2010 the organisations
tracked 179 containers of which 110 were bound for Hong Kong (Chi-
na), 15 for mainland China and 12 for Viet Nam. A follow-up survey
by the Basel Action Network traced consignments of CRTs which had
evaded customs control in Hong Kong port to temporary storage facili-
ties in the New Territories area of Hong Kong (China), from where the
e-waste was taken across the border by trucks to mainland China. Source:
Basel Action Network, Illegal Global Trafcking in Hazardous Waste, 4th
MEA-REN Workshop, Beijing, China, 21-22 September 2010.
23
Huynh 2010
24
Yoshida 2010
25
Secretariat of the Basel Convention , December 2011.

As well as confrming the major role played by
OECD countries as the source of most e-waste
shipped to the East Asia Pacifc region, analysis of the
Hong Kong (China) seizures also confrms the ports
role as a transit hub for e-waste shipments bound for
other destinations, mainly inland China and Viet
Nam.
22

In addition to trade via Hong Kong (China), a
signifcant second route has grown over the last
few years to supply the informal recycling sector
of southern China, via northern Viet Nam. Tis
backdoor route has developed in response to
improved enforcement in Hong Kong (China) and
capitalizes on unclear regulation in Viet Nam over
the imports for limited periods of time of e-waste for
re-export. It is estimated that up to 90% of e-waste
arriving at Vietnamese ports is destined for re-
export.
23
Te northern port of Haiphong dominates
this trade. Containers of e-waste, predominantly
CRTs, arrive at the port from the United States, the
European Union, Japan and Hong Kong (China),
and are transferred by road to storage facilities in
the area around Mong Cai town, approximately
150 kilometres away in the province of Quang
Ninh. Mong Cai is located across from the Chinese
province of Guanxi, with a river forming the
international border. CRTs are loaded on small boats
which ferry them across the river to the Chinese
town of Dongxin. Te boats usually travel at night
and the CRTs are covered with canvas. A single boat
can carry around 800 CRTs. A feld survey carried
out in 2010 estimated that up to 100,000 tons of
e-waste and scrap lead acid batteries are smuggled
between Mong Cai and Dongxin each year.
24

Tere is also an indication of transboundary
movement of e-waste between Africa and Asia. In
fact, precious metals contained in printed wiring
boards (PWBs) collected in West Africa are sold
below world market prices to traders that organize
exports to recycling facilities in Asia.
25
Te main smuggling methods used for shipping
containers of e-waste are concealment and mis-
declaration. Enforcement against illegal trade
is complicated by the legitimate trade in used
electronic goods such as computers, which helps
bridge the digital divide between developed and
developing countries. Te high variability between
national legislations including their diference in
defnition of e- and hazardous waste further drives
the transboundary movement of waste. For example,
if a used computer is in working condition, it is not
classifed as hazardous waste and thus not covered
by the Basel Convention. Although some countries
such as China prohibit imports of all used electronic
and electrical equipment (even those in working
condition), the legal trade in such items provides
a convenient cover for smuggling of e-waste. One
concealment method regularly used by smugglers
is to mix both working and non-working end-
of-life computers within the same container. Te
broken e-waste computers are stacked haphazardly
at the back of the container, with a layer of working
equipment properly stacked on pallets and shrink-
wrapped placed at the front of the container in case
of visual inspection.
Other common ways to smuggle e-waste is by
mis-declaring the shipping content as second- hand
goods, used electronic goods, personal efects, plastic
scrap or mixed metal scrap. Smugglers also use free
trade zones exempt from government regulations,
such as Batam island in Indonesia, to avoid
confscation of e-waste shipments.
. Who cre the trcjjclers?
A variety of actors are involved in e-waste trafcking.
Tey range from legitimate recycling frms to so-
called waste tourists, with an array of middlemen
and brokers in between. From the location, where
end-of-life waste electronic and electrical equipment
is discarded to the site of informal dismantling, the
e-waste often passes through the hands of several
players.
In terms of organizational networks, e-waste
trafckers tend to be more loosely connected than
108
1 C C 1 A L A
26
Interpol 2009
27
In the indictment, the recycling frm was alleged to have shipped 160
containers totalling over 100,000 CRTs to China between 2005 and
2008 frm. Source: United States Attorneys Ofce District of Colorado
Press Release, 16 September 2011. Te case is understood to have not yet
gone to trial. Source: Waste Recycling News, Charges follow 60 Minutes
e-waste case, 6 October 2011.
28
USGAO 2008
29
Interpol 2009
30
Responsible Research 2011
31
RILO-AP 2007
32
Chi and others 2011
33
Interpol 2009
34
Tompson and Chainey 2011
the traditional hierarchical criminal group structure.
Small groups of traders and brokers will come
together for a relatively short period of time, do the
deal, and then disperse.
26

In countries such as the UK, the sub-contracting of
recycling operations is commonplace. While large
companies hold the contracts from local authorities
to deal with all waste, certain streams such as
e-waste are subcontracted to smaller frms. Tese
frms may lack the necessary recycling facilities.
Such frms will collect the dumped equipment from
collection sites. However, instead of delivering it
to legitimate recyclers, they will export it. Such
traders tend to be small frms, with a key individual
appearing as a director or owner of several inter-
linked entities in order to avoid detection.
In the United States, the analysis of prosecutions
for the illegal export of CRTs has revealed that the
culprits are seemingly legitimate recycling frms.
In one case a recycling frm based in Colorado
assured clients that it would dispose of broken CRTs
in accordance with US law and charged them a
recycling fee. Instead, the company sold the e-waste
to brokers representing foreign buyers and shipped
the monitors to China instead.
27


Widespread distribution of CRTs to the black market
by recycling companies in the US was confrmed by
an independent enquiry carried out by a branch of
the US government. Investigators established a front
company based in Hong Kong (China) and received
ofers from 43 recycling frms to ship CRTs to Hong
Kong (China) in contravention of both US and
Hong Kong law.
28
In addition to remote transactions
via websites, buyers from developing countries,
particularly African countries, are also known to
travel to OECD countries as waste tourists to
secure supplies of e-waste and arrange shipment.
29

Te e-waste buyers in the East Asia and Pacifc region
are usually brokers and waste traders. Recycling in
the region is characterised as a fragmented trading
business consisting of a host of informal enterprises.
30

According to Hong Kong customs, potential high-
risk importers of e-waste tend to be small frms
trading in used electronic goods or in recycling.
31

As soon as consignments of e-waste are successfully
imported, the brokers sell the scrap to the informal
recycling sector in centres such as Guiyi. After the
dismantling has been carried out, the valuable metals
and components are then sold via to manufacturing
companies or metal refneries via waste brokers
utilizing strong trade networks.
32

Verifable information on links between e-waste
trafcking and other forms of transnational organised
crimes is scarce. For instance, a range of contraband
is known to fow from Viet Nam to China via the
Mong Cai corridor described earlier. Tis includes
e-waste and also illicit wildlife products such as
ivory. However, it is not certain whether the same
individuals are involved in smuggling diferent
products. More research is required.
At the same time, it is clear that the increasing
globalisation and regulation of the waste trade,
including e-waste, presents signifcant opportunities
for organised crime. A 2006 INTERPOL study of
36 court cases in Europe relating to waste pollution
crime revealed the active involvement of organised
crime groups.
33
Te attraction of e-waste to white
collar criminals and organised crime gangs is the
lucrative combination of high profts and low risk
of detection. Te sheer number of brokers involved
and the porous system for handling e-waste, coupled
with the resilience of informal recycling in East Asia
driving demand, pose serious challenges to efective
enforcement.
34

4. How is the money handled?
Scant information exists on fnancial transactions
relating to illicit trade in e-waste. Recycling
companies in the United States and Europe Union
divert discarded equipment to the black market
and receive legitimate payments from clients for
collecting e-waste and the undertaking to organise
its safe recycling. Tese can be local authorities and
commercial enterprises. Such payments are made
109
Chapter 9
35
Te Times 2009, Britains dirty little secret as a dumper of toxic
waste, Te Times, 18 July 2009.
36
Tompson and Chainey 2011
37
Tompson and Chainey 2011
38
UNEP 2010
through transparent channels such as business
invoices. Tey are usually declared as taxable income.
Payments from buyers of e-waste are less transparent.
Searches of electronic commerce sites reveal that
payment terms stipulated by sellers of computer
scrap and other e-waste are usually telex transfer or
popular money transfer systems such as Western
Union rather than the usual letter of credit system
used for international commerce. It is likely that
payments between waste brokers and informal
recyclers in places like Guangdong are made in cash.
. Hou bi is the jou?
Although the motivation for e-waste smuggling and
the major smuggling routes are clear, there is a dearth
of reliable information on the scale of illicit trade
in e-waste. For instance, 75% of e-waste generated
annually in the European Union equivalent
to around 8 million tons seems to remain
unaccounted for.
35
Most information on fows of e-waste is based
on seizure data and reports by media and non-
governmental organisations. Ofcial sources
of information from
government agencies
are either incomplete or
confdential. Despite the
frequent request of the
Secretariat of the Basel
Convention to parties to
provide details of cases of
trafcking in hazardous
waste, including e-waste, the
practice of reporting is just
sporadic and by no means
comprehensive.
While it is possible to map
the main trade fows of
e-waste in East Asia and
the Pacifc, it is much more
problematic to accurately
gauge the scale of the illicit
trade, both in terms of volume and value. Tis
information is due to a range of factors, such as the
use of legal trade in used equipment to provide a
Figure 3: Global recycling of e-waste and estimated illegal exports
S unL unCuC
E-
waste
properly
recycled,
10m tons
China,
8m tons
Rest of East
Asia, 2m tons
Rest of the World,
2m tons
E-waste not
properly
recycled
30m tons
Disposed of
in landlls,
18m tons
cover for illicit trade in e-waste, the lack of specifc
customs codes, the clandestine nature of the trade,
incomplete recording systems by national agencies
and the fragmentation of seizure data.
36
Yet, some
insights into the potential scale and proftability
of the trade can be achieved through analysis and
extrapolation of data on the volume of e-waste
generated, amounts of e-waste entering legitimate
recycling channels, seizure incidents, and prices paid.
Globally, the illegal trade in hazardous waste is
estimated to generate revenue of US$12 billion a
year for criminal enterprises. Depending on the
requirements in each country, illegal disposal is
estimated to be up to four times cheaper than legal
treatment.
37
Although e-waste only accounts for a
fraction of total trade in hazardous waste it is the
fastest growing category of waste. According to the
UNEP, between 30 and 50 million tons of e-waste is
generated every year.
38

Based on this UNEP estimate, an average of 40
million tons per year can be assumed for this
assessment. Of this 40 million tons, various estimates
range between 10%-39% of this being properly
110
1 C C 1 A L A
recycled through legitimate channels.
39
For this
assessment it is assumed that 75% of e-waste is not
properly recycled thus entering the hidden fow
globally, that is 30 million tons per year.
Not all of the estimated 30 million tons is traded
illegally, since an unknown proportion of the total is
disposed of in landflls. Tere is no credible estimate
for the split between illegal exports and landfll for
major source areas such as the European Union.
Further, not all electrical appliances are suitable
for e-waste (e.g., washing machines) as only those
appliances with the highest amounts of recoverable
metals and other substances are considered valuable
(e.g., consumer electronics, communications and
information technology). In the EU, the latter
category accounts for 40% of e-waste.
40
If 40% of
e-waste is assumed to be suitable for illegal export,
then this would amount to an estimated 12 million
tons of illegal exports (40% of 30 million tons).
Asia (including India) is the biggest recipient
of illicit e-waste, with China being the largest
single destination.
41
Globally, it is estimated that
around 70% of the worlds scrap electronics are
bound for China.
42
If this is the case, this would
translate into an estimated 8 million tons of e-waste
being smuggled into China every year. For the
entire region, this value could be rounded to an
approximate 10 million tons of e-waste each year
(taking into account a 2 million tons in internal
fows via third countries such as Viet Nam).
According to existing sources, a container of CRT
monitors can be sold for US$5,000 in Hong Kong
(China), which would correspond to US$250 per
metric ton.
43
INTERPOL reports that one ton of
e-waste is valued at US$500. Splitting the diference
39
ABI Research 2009. Most estimates provide an average of only 10% of
e-waste being properly recycled. Figures from the EU indicate that 25%
is recycled (based on 75% being unaccounted for). US estimates of the
amount of e-waste (specifcally CRTs) sent to recyclers and subsequently
exported range from 61% (Interpol) to 80% (Basel Action Network),
meaning that the recycling rate is 10%-39%. Te average of 25% is taken
for this assessment.
40
Huisman and others 2009
41
According to the Basel Action Network it has been estimated that
between 50 to 100 containers of e-waste (each container carrying an
average 15 tons of e-waste) arrive from the United States to Hong Kong
(China) every day (presentation to the 4th Multilateral Environmental
Agreement - Regional Enforcement Network Meeting, Beijing, 21-22
September 2010).
42
LaDou and others 2007
43
Businessweek 2008, E-Waste: Te Dirty Business of Recycling Elec-
tronics, Businessweek, 15 October 2008.
44
UNEP 2007a, E-Waste Inventory Assessment Manual, Volume 1.
yields an average fgure of US$375 per ton. If the
estimated volume of 10 million tons of e-waste
traded in the EAP region per year, the potential value
would be $3.75 billion.
Considering that the global market for e-waste,
including legal exports, has been predicted by UNEP
to be valued at around US$11 billion by 2009
44
the
scale of the estimate of US$3.75 billion of illegal
e-waste in East Asia is reasonable.
111
Chapter 9
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
Illegal flows of E-Waste in
East Asia and the Pacific
China
Australia
J apan
Hai Phong
Hong Kong
(China)
Guangdong
Cambodia
Viet Nam
Philippines
F
ro
m
U
S
A
a
n
d
E
u
ro
p
e
Primary flows
Secondary flows
Re-export from China into Viet Nam
Batam Island
(Indonesia)
Singapore
S unCuC LlA
113
Tis chapter has been developed with the kind contribution of the United Nations Environment Programme.
Chapter 10
Illicit trade in ozone-depleting substances
(ODS) from East Asia to the world
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
114
1 C C 1 A L A
NATURE OF THE THREAT
1. Environmental disruption:
pollution of soil and water systems, emission
of greenhouse gases, thinning of ozone
layer, negative impact on marine and forest
ecosystem by ultraviolet radiations.
2. Negative impact on human
health: toxic metals and ultraviolet
radiations afecting immune, respiratory and
digestive systems, including high risk of skin
cancer and eyes diseases.
3. Socio-economic
impoverishment: increase costs
for public health, reduced agriculture
productivity, food insecurity and poverty.
115
Chapter 10
1. What is the nature of this market?
All life depends on the ozone layer to shield the
planet from harmful ultraviolet radiation. In the
1980s, global concern over the thinning of the ozone
layer, caused by emissions of a range of chemical
gases, led to the signing of the Montreal Protocol
on Substances that Deplete the Ozone Layer in
1987. Tis landmark multilateral environmental
agreement regulates the gradual phase-out of
ozone-depleting substances (ODS). Tese are
principally chlorofuorocarbons (CFCs) and
hydrochlorofuorocarbons (HCFCs) (which are
mainly used for refrigeration and air-conditioning),
halons (used for fre-fghting) and methyl bromide
(used as a crop fumigant).
While the Montreal Protocol has rightly been hailed
as a major success in terms of tackling ozone layer
depletion, it has been partly undermined by the
illegal trade in ODS. In creating a phase-out system
with difering schedules between developed (Article 2
countries under the treaty) and developing countries
(Article 5), the architects of the protocol unwittingly
created the conditions for the emergence of a black
market in ODS.
Illegal trade involves brokers diverting ODS which
are produced in countries with longer phase-out
schedules onto markets where ODS import and
use is more strictly regulated but where demand
remains steady. Te frst cases of illicit trade
involved CFCs. Production of CFCs was halted in
developed countries in the mid-1990s and imports
were banned, except for used CFCs. Yet due to
the large installed capacity of equipment which is
reliant on CFCs, demand in the United States and
in the European Union remained buoyant. While
CFC production was winding down in developed
countries, it was rising dramatically in developing
countries, notably China and India. Such supply and
demand conditions created opportunities for brokers
to step in. And the illegal trade began.
In response to this threat, the Montreal Protocol
put in place a licensing system for ODS in 1997
to further regulate trade. Signifcant eforts have
also been undertaken to train customs ofcials and
environment ofcials in combating ODS smuggling.
Nonetheless, despite such eforts the illegal trade
in ODS continues to be a threat, especially in East
Asia and the Pacifc, where both production and
consumption of ODS is still present.
Te current global demand for illegal CFCs and
increasingly HCFCs is not for manufacturing
purposes, but rather for refrigeration and air-con
servicing. Te phase-out process is based on the
ozone-depleting potential of the diferent chemicals
in terms of the severity of their impact on the ozone
layer. Te frst category to be phased out was CFCs,
which were widely used for refrigeration and air-
conditioning. CFCs were followed by halons, then
methyl bromide and then HCFCs. Te latter had
been seen as a transitory replacement for CFCs due
to their lower ozone depleting potential.
Te Impact of Ozone Layer Depletion
Te ozone layer is formed by a band of ozone
molecules in the stratosphere. Tis layer efectively
screens the Earth from harmful ultraviolet
radiation. Chlorine and bromine particles
contained in ODS react with the stratospheric
ozone when emitted, causing thinning of the
ozone layer. One manifestation is the so-called
ozone hole which emerges over the South Pole
during the austral spring. In 2011, the southern
hole peaked in September, extending over 10
million square miles, the ninth biggest ozone hole
on record.
1

Ozone layer depletion has a series of adverse
impacts on the environment and health:
- human health: increased ultraviolet radiation
suppresses the immune system, damages eyes
including cataracts, and increases the risk of skin
cancer
- marine ecosystems: increased ultraviolet
radiation reduces the productivity of small
organisms such as plankton which form the base
of the marine food web
- terrestrial ecosystems: increased ultraviolet
radiation afects the yield of a host of crops as well
as impacting forest ecosystem.
In addition to damaging the ODS layer, some
ODS are potent climate changes gases. Te
Montreal Protocol has delayed global warming by
an estimated 7-12 years by reducing greenhouse
gas emissions by 135 billion tonnes of carbon
dioxide equivalent between 1990 and 2010.
1
UNEP OzonAction 2001
116
1 C C 1 A L A
6
UNEP 1999
7
Te World Bank 2007
8
UNEP Ozone Secretariat Article 7 Data Reporting.
2
RIIA 2002
3
EIA 2005
4
UNEP 2007
5
Depending on whether the state party is operating, respectively, under
Article 2 of the protocol or Article 5. See also UNEP and EIA 2011.
Initially the main source for CFCs smuggled into
the US was Russia, but by 1997 China began
emerging as a signifcant source, for both CFCs and
halons. Te European Unions phase-out of CFCs
also prompted illegal trade in ODS. Te main focus
of the illegal trade was CFC12, widely used for
servicing refrigeration and air-conditioning. Te
proftability of this black market was high. One
kilogram of CFC could be bought from a broker in
China for US$2. But when smuggled into the EU,
the price could reach US$15. In the US, the price
could be up to US$30.
2

As the initial phase-out controls came into force in
developing countries in 1999, incidences of illegal
trade began emerging, especially in South Asia and
East Asia. By 2005, seizures of contraband ODS had
occurred in India, the Philippines, Indonesia and
Tailand, with China being the main source.
3
By
2006 it was estimated by UNEP that up to 14,000
tonnes of CFCs, worth up to US$60 million were
being smuggled into developing countries every
year.
4
Te scale of illicit trade in CFCs has fallen in recent
years, principally as a result of China the worlds
largest producer in the 2000s ceasing almost all
production in 2008. By 2010 the fnal phase-out of
CFCs occurred worldwide, although cases of illegal
trade have persisted.
Yet a new enforcement challenge has arisen. Tere
is now a growing illegal trade in HCFCs. In 2007
parties to the Montreal Protocol agreed to accelerate
the phase-out of HCFCs due to the negative impacts
of this class of ODS on both the ozone layer and
the climate. Cases of illegal imports of HCFCs
into the United States have been rising since 2009.
Tere are concerns of a substantial risk of illegal
trade in HCFCs and technology dumping occurring
in developing countries once relevant phase-out
deadlines begin in 2013 and end in either 2020 or
2030.
5

Te overlap between ODS and e-waste is one sub-
category of electronics, known as white goods
such as refrigerators, air conditioners and similar
equipment, which contain ODS and become e-waste
when they reach end-of-life stage. Environmentally-
sound management of these end-of-life products is
important not only to avoid or reduce adverse health
and environmental impacts but also mitigate climate
change impacts.

z. Hou is the trcjjclin conducted?
Te main response under the Montreal Protocol
to the threat of illegal trade has been the
implementation of an ODS licensing system.
Tis was agreed in 1997 and became efective in
2000.
6
Under the terms of the system countries are
obliged to licence frms importing ODS, with a
recommendation that exports are also licensed. Tis
requires that companies wanting to import ODS
obtain a licence from the national ozone unit. While
the system is extremely useful for quickly identifying
companies trying to illegally import ODS without
a licence (so-called front door smuggling), and in
managing imports through a quota system, it does
not capture imports mis-labelled as non-ODS.
Te efectiveness of the licensing system has also
been reduced by a failure to mandate cross-checking
between diferent countries. Tis leads to a situation
whereby an exporting company can be licensed by
its national authority to ship ODS to a customer
in a second country which does not have an import
licence.
China has been the single largest source of
contraband ODS. Tese were principally CFCs
until the fnal phase-out in 2010. It is predicted
that there will be an increase in the illicit movement
of HCFCs. Tis is because China is currently the
largest producer of ODS in the world. At the peak,
in 1998, China was producing some 55,000 tonnes
of CFCs a year. However, after undergoing an
accelerated production phase-out by 2007, only one
CFC plant remained operational, producing just
550 tonnes per year.
7
Yet while CFC production has
declined, Chinas production of HCFCs has risen
dramatically.
8

While the bulk of ODS manufactured in China is
traded legally, due to its prominence as the major
117
Chapter 10
9
RILO-AP 2007.
10
RILO-AP 2010.
producer, it is inevitable that China will remain
a major source for most of the illicit CFCs and
HCFCs diverted to black markets, as shown by
seizure records.
Since 2005, the main destinations for illegal
shipments of CFCs from China have been Tailand,
Indonesia, the Philippines, as well as the Middle
East. Te main destinations for illicit HCFCs are the
United States, Southeast Asia, Taiwan (Province of
China), India, the Middle East and Europe.
In 2006, the Regional Intelligence Liaison Ofce
for Asia Pacifc (RILO-AP), at the request of China
Customs, coordinated the Operation Sky-Hole
Patching. Its aim was to target smuggling of ODS
and hazardous waste. Between September 2006 and
October 2007 the operation led to the seizure of 154
tons of ODS in 27 shipments. Tailand recorded
the largest number of seizures, with 65 tons of CFCs
and HCFCs. Tis was followed by China with 51
tons of CFCs and HCFCs, then India with 30 tons
of HCFCs and the Philippines with 5 tons of CFCs.
9

Although Sky-Hole Patching became a routine
operation after November 2007, ODS seizures
continued to be reported by RILO-AP members. In
total, between September 2006 and November 2009,
301 cases of ODS smuggling occurred weighing 728
tons, with 99% of the contraband being CFCs.
10

Seizures occurred in China, Indonesia and Tailand.
In 2010, the Sky-Hole Patching concept was
adopted by the United Nations Environmental
Programme and the World Customs Organisation
which coordinated a six-month global enforcement
operation against ODS smuggling. During the
Figure 1: HCFC production in China 1999-2009
S C S M
0
5000
10000
15000
20000
25000
30000
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
T
o
n
n
e
s
China
BOX: ODS Smuggling Methods
False Labelling:
ODS are smuggled in cylinders or packaging
labelled as legal products. Initially cases emerged
of CFCs being packaged as HCFC-22 (at a time
when HCFCs were not subject to controls). As
licensing systems came into force and all ODS
were fagged by customs, smugglers switched to
concealing CFCs in cylinders labelled as HFC-
134a, a non ozone-depleting alternative. In some
instances this contraband was actually sold as
HFCs due to the higher market prices compared
with CFCs. Recently illicit shipments of HCFCs
have been falsely labelled as HFCs.
Mis-declaration:
ODS are disguised by putting the names of other
similar, legal chemicals on shipping documents
and invoices. Tis method is often combined with
double-layering; flling a shipping container
with cylinders of illegal ODS except for a layer
of the legitimate chemical stated on the Bill
of Lading next to the container door. Cursory
inspection will fail to uncover the ODS at the
back of the container.
Fake recycled material:
Trade in recycled ODS is less regulated than for
virgin CFCs. Smugglers claim the material is
recycled on shipping documents and permits,
when in fact it is virgin chemicals. Te suppliers
may even deliberately add a small amount of
contaminant to the virgin chemical to make it
appear the material has been used, should it be
tested. It is likely that smugglers will attempt to
import back market HCFCs using this ruse again.
Concealment:
ODS are simply hidden in ships, cars, or trucks
and moved across border. Tis method usually
involves small quantities, but is lucrative and the
overall volume can be signifcant.
Transhipment fraud:
Consignments of ODS ostensibly destined for
legitimate end markets are diverted onto black
markets. Tis type of fraud often involves com-
plex shipping routes, passing through transit ports
and free-trade zones where customs procedures
may be more relaxed.
118
1 C C 1 A L A
operation, 108 tons of illicit ODS were seized,
mainly in the Asia and Pacifc region (including
India), with Tailand alone intercepting 26 tons of
ODS.
11

Tese seizure data provides useful insight into
fows of illicit ODS. In China 19 of the 21 seizures
were made by customs in Shanghai, Ningbo and
Hangzhou. Tis is due to the strong clustering
of Chinas ODS factories in the eastern province
of Zhejiang, which is also home to many ODS
brokerage operations. Both Ningbo and Hangzhou
are located in Zhejiang, which borders Shanghai.
Te bulk of illegal shipments of ODS from China
are exported via Ningbo and Shanghai container
ports. Te vast majority of the seizures have
involved consignments of ODS packaged in 13.6
kg disposable cylinders, rather than bulk isotanks.
While large bulk shipments of ODS require facilities
for repackaging, these small cylinders are attractive
to smugglers as they can then be sold on the market
relatively easily.
One puzzling aspect of the seizure data is the
continuing prevalence of CFCs. Production of
virtually all CFCs was halted in China by 2008,
and the fnal global phase-out occurred in 2010.
Yet CFCs continue to appear on the black market.
Possible explanations include stockpiling prior to the
production halt, or the existence of unregulated illicit
production facilities. Several such plants have been
discovered and dismantled in China.
12

Most instances of ODS smuggling involve
transport in shipping containers. Smaller vessels are
occasionally used. In 2010 authorities in Taiwan
(Province of China) seized 40 tons of illicit CFCs
and HCFCs transported in specially adapted fshing
vessels from mainland China.
13
Smuggling by
road also takes place. In June 2011 Tai customs
intercepted 574 cylinders (13.6 kg each) of CFC12
smuggled across the border from neighbouring Lao
PDR.
14

A range of techniques are used to smuggled
ODS, mainly mis-declaration, false labelling, and
concealment (see Box: ODS Smuggling Methods).
11
WCO and UNEP 2010
12
RILO-AP 2010
13
ITRI 2010
14
UNEP Regional Ofce for Asia-Pacifc, communication, June 2011.
15
A Miami-based trading company dealing in commodities including
refrigerant gas was found guilty of importing 418 tonnes of HCFCs in
11 separate shipments. Te frm was set up in 2007, and began illegally
importing HCFCs in the same year. Te company used a web of connec-
tions to sell the refrigerant gas on to distributors in Florida and beyond.
Source: US Attorneys Ofce for the Southern District of Florida Press
Release, 11 February 2010.
16
A major case came to light in 2009. A Florida-based company was
found guilty of importing 29,107 cylinders containing 418 tons of
HCFC-22 in 11 separate shipments with a market value of almost $4
million. Although the shipments originated in China, the US importer
transhipped the contraband via a Caribbean island to avoid detection.
Te head of the company was sentenced to 30 months imprisonment
and ordered to return US$1.3 million from the proceeds of the crimes.
Source: US Attorneys Ofce District of Florida, Press Release, 11 Febru-
ary 2010.
17
UNEP and EIA 2011
18
UNEP ROAP 2012
Analysis of prosecutions for illegal import of HCFCs
in the United States provides information on the
techniques adopted. In two cases, Florida-based
companies imported signifcant amount of HCFCs
by transhipping them from China via an of-the-shelf
company in the Dominican Republic to disguise the
origin of the shipment
15
or via Caribbean islands to
avoid detection.
16
Another aspect of ODS smuggling in the East Asia
and Pacifc is illicit trade in counterfeit refrigerants,
whereby branded cylinders labeled as HFC134a
(a legal refrigerant) are found to contain a mixture
of chemicals, such as CFCs, HCFCs and HCs.
Cases have been detected in Africa, Latin America,
the Middle East and Asia Pacifc.
17
Contaminated
mixtures found in counterfeit products can pose
a threat to the safety of servicing technicians. For
example, in 2011, three cases occurred where
refrigerated containers exploded in Brazil and
Vietnam, killing three people. While the precise
causes for the explosions are still under investigation,
preliminary analysis appears to confrm suspicions
that the cause of the explosions was contaminated
gas; a mixture of R-134a (legal refrigerant) with the
counterfeit refrigerant R-40 was identifed, with the
latter blamed for the explosion.
18

. Who cre the trcjjclers?
As the worlds largest manufacturer of ODS,
China is the origin of much of the illicit CFCs and
HCFCs traded within the East Asia Pacifc region
and beyond. Te main production facilities are
clustered in the province of Zhejiang, with a group
of around 10 companies dominant in the sector.
While these large companies usually have export
119
Chapter 10
sales departments and deal directly in legitimate
trade with customers around the world, illegal trade
usually involves smaller brokers who obtain supplies
of ODS from manufacturing facilities and divert it
onto the black market.
Some of these brokering operations, which are
usually run by a handful of people, have been
involved in trading ODS for at least a decade and
specialise in refrigerants, even having facilities to
decant ODS from bulk containers into smaller
cylinders. Others are more opportunistic and ofer
ODS amongst other commodities as general import
and export operations. Tese brokers tend to have
less history in ODS trade and function as classic
middlemen between producers and buyers.
In addition to Chinese-based brokers, similar
operations exist in trading centres such as Singapore
and the United Arab Emirates. Both of these
hubs have been used to repackage and mis-declare
consignments of ODS originating in China. Use of
free trade zones helps to obscure the origin of the
chemicals and to divert shipments.
Analysis of seizures made in the Philippines and
Indonesia show that importers of ODS are often fake
companies with no legal registration and fctitious
addresses. One study carried out in Indonesia
into imports of ODS found a host of importing
companies whose stated ofces in shipping
documents proved to be false.
19

In general most importers of illicit ODS have
legitimate refrigeration businesses as well. Trough
networks of business contacts, these importers are
able to sell the disposable cylinders of ODS onto
end users in sectors such as servicing of refrigeration
equipment and automobile air-conditioning.
Te illegal trade in ODS also exhibits evidence
of transnational criminal networks spanning
diferent continents and nationalities. Some of the
relationships between individuals in these networks
are long-standing. For instance, analysis of the foiled
attempt to smuggle 39 tons of recycled CFCs
from China to Russia revealed the involvement of
individuals in three countries, some of which have
been conducting illicit trade in ODS since the mid-
1990s.
19
Institut Technologi Bandung 2003
20
RIIA 2002
21
RILO-AP 2010a
22
Price for HCFC ofered by Chinese companies is US$2.5 to US$4 per
kg. (Source: EIA monitoring of e-commerce websites such as Alibaba
between April 2010 and February 2012); US market price for HCFC22
is around US$30 per kg; price paid for end-users of HCFC22 in Europe
in 2009 was US$25. Te US prosecution of Kroy Corporation suggests
US$9 per kg. (Ref: US Attorneys Ofce for the Southern District of
Florida, Press Release, 11 February 2010). Note that this fgure is based
on the highest global market price in US/Europe. Proftability in markets
within East Asia and the Pacifc such as Indonesia, the Philippines and
Tailand will be substantially lower.
(. Hou bi is the jou?
During the frst phase of illegal trade of ODS in
the mid-1990s, it was estimated that up to 38,000
tons of CFCs were being traded illegally every year,
equivalent to 20% of legal commerce and worth up
to US$500 million. At this time, a single shipping
container of CFCs smuggled into the United
States could yield profts of $250,000 due to price
diferentials between the amount paid to buy CFCs
in countries like China or Russia and the high
market price in the United States due to import
taxes.
20

By 2006 smuggling of ODS into developed countries
in Europe and the United States had declined, but it
had grown in developing countries.
Te current magnitude of the fow of illicit ODS
in East Asia and the Pacifc can be estimated from
the analysis of seizure data. Te Sky-Hole Patching
Operation in East Asia between 2006 and 2010 is
reported to have conducted 51 seizures of illegal
ODS totalling approximately 730 tons an average
of 183 tons seized per year.
21

Based on an estimated 5% seizure rate, this would
translate into 3,660 tons of illegal ODS fowing from
and within the East Asia region on an annual basis.
Based on a range of sources, the price of CFCs and
HCFCs in China is between US$2.5 and US$4.5 per
kg. In Europe and the United States the market price
for CFCs and HCFCs from China varies from US$9
to US$31. An average would be US$18.5 per kg.
22
Based on the fow volume of 3,660 tons per year
from East Asia, the total value based on average gains
of $18.5 per kg is around US$67.7 million per year.
120
1 C C 1 A L A
The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
China
India
Kyrgyzstan
Uzbekistan
Nepal
Thailand
Malaysia
Indonesia
Philippines
To Europe and M
iddle East
J apan
Rep. of
Korea
Viet Nam
Lao
PDR via Lao PDR
via China
T
o
R
u
s
s
ia
Bangladesh
Sri Lanka
flows
Illegal ODS flows in East Asia
S unCuC unL LlA
121
Chapter 11
Counterfeit consumer goods from East
Asia to the United States and the European
Union
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
122
1 C C 1 A L A
1. Dangerous goods for sale: no or
poor-quality controls (e.g., fake baby food;
dangerous toys; tainted milk).
2. Exploitative working
conditions: dangerous unregulated
sweatshops.
3. Linkages to other TOC: TOC
groups distributing counterfeits are often
associated with other crime types, e.g.,
prostitution, money laundering, human
trafcking.
4. Lost government revenues: loss
of import duties; loss of sales tax; lower
revenues overall.
5. Facilitates corruption: undermines
rule of law and accountability.
NATURE OF THE THREAT
123
Chapter 11
1. What is the nature of this market?
In todays fast-paced, globalized world, a signifcant
share of manufactured goods are produced though
a decentralized process, making use of a variety of
specialized subcontractors. As a result, any given
product can be produced by a series of collaborators,
and a large number of people can access technical
specifcations, either directly or through reverse
engineering.
Gone are the days when manufacturers could shutter
their plants and guard trade secrets. Today, those who
hold intellectual property rights are often situated
half a world away from those who make their ideas
come to life. When unauthorized copies of their
products appear on the market, it is unclear where
to place blame and how to enforce rights. In efect,
counterfeit goods are an untallied cost of the growth
in ofshore manufacturing.
Todays knock ofs may be made on the same
machines by the same technicians who made the
originals. Some are simply over-runs, unauthorized
production in excess of what is delivered to the
rights holder. Te products may even be improved,
although more often the copies employ cheaper
materials, aiming for the lower end of the market.
Factory seconds may be re-sold rather than discarded.
In most parts of the world, few can tell a copy from
an original, so there is very little market for goods
bearing the higher price.
In a very short period of time, China has become
the worlds workshop (see Figure 1), producing a
signifcant share of the worlds manufactured goods.
Just as China is the source of a large share of global
manufactured goods, it is also the source of a large
share of counterfeits. Based on seizure data, it appears
that at least two-thirds of the worlds counterfeits
depart directly from China, while an unknown
share may be transshipped though other countries,
concealing the origin. Most customs seizure statistics
refer to the origin of the shipment (provenance), not
the origin of the goods.
According to the World Customs Organisation
(WCO), around 75% of counterfeit products
seized worldwide between 2008 and 2010 were
manufactured in East Asia, primarily China.
1
In that
three-year period, China was the departure point
for roughly 67% of worldwide seizures, although
the number of items seized declined during that
period. Other signifcant East Asian departure points
for counterfeit goods include Malaysia, Tailand,
Indonesia, Japan, the Philippines, the Republic of
Korea, Singapore, and Viet Nam.
Customs seizure statistics from the United
States refect the same trends as WCO statistics,
highlighting the prominence of China as a major
source of counterfeit products.
2
According to US
Customs, China accounted for 87% of the value
of the counterfeits they seized between 2008 and
2010 (see Figure 3). Although European seizures are
measured in volumes rather than value, the situation
Figure 1: Value of exports of Chinese
manufactured merchandise (in billions of US$)
S W1C
553 534
608
747
953
1152
1402
1688
1902
1610
2084
0
500
1000
1500
2000
2500
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
B
i
l
l
i
o
n
s

o
f

U
S
$
Figure 2: Source of counterfeit items seized by
customs agencies globally, 2008-2010
S WCC WCC WCC
China
67% Rest of East
Asia
8%
Rest of the
world
25%
1
WCO 2008; WCO 2009; WCO 2010. Specifcally, WCO data
indicates that China was the departure country for 596,419,033 of
816,497,720 (73%) seized items between 2008 and 2010. WCO data
on country of origin was not available for this time period. However,
it is believed that for most seizures involving China, that that nation is
both the country of origin and the country of departure. Te extent to
which this the case for other nations is not clear. Note that these WCO
statistics include counterfeit medicines.
2
USCBP 2008; USCBP 2009; USCBP 2010. A source country refers
to the country of last known departure. Note that these US Customs
statistics include counterfeit medicines.
124
1 C C 1 A L A
3
OCO 2011: p. 7.
4
UNODC communication with OCO, 2011
5
IPPC 2011; Martina 2011; PDO 2011; Xinhua News Agency 2011c,
China police raid over 13,000 dens for IPR violations, Xinhua News
Network, 26 July 2011.
6
China Daily 2010, China persists in fght against software piracy,
China Daily, 14 December 2010.
7
See the following Reuters story based on information from the
Ministry of Public Security. Accessed at: http://www.reuters.com/arti-
cle/2012/08/05/us-china-drugs-idUSBRE87401D20120805
in the EU is similar (see Figure 4). Seizures from
China also dominate in Australia and New Zealand.
WCO seizures are dominated by four categories of
products: CDs and DVDs; accessories, watches, and
footwear; tobacco products; and textiles.
Although statistics are not recorded for many East
Asian countries, most casual observers remark on
the ubiquity of counterfeits. Tere are several well-
known markets for counterfeit goods in the region,
including Chaosan in Guangdong Province of
China; the Ziyuangang market in Guangzhou, north
of Hong Kong (China); Mae Sot in Tailand; Mong
La and Myawady in eastern Myanmar; and the Ben
Tanh market in Viet Nam.
Te authorities in the region are well aware of the
problem, and some have undertaken aggressive
campaigns to combat it.
In July 2011, China concluded a nine-month
enforcement drive, leading to the arrests of more
than 9,000 suspects in connection with the seizure
of US$530 million of counterfeit products, and the
closure of almost 13,000 illegal factories. To bolster
its campaign eforts, Chinese authorities instructed
all central government agencies to use only legally-
purchased computer software, and remains in the
process of ensuring that sub-national governments
and state-owned enterprises set aside budgetary
fnances to follow suit.
5
While software piracy rates
in China have declined in recent years, a 79%
piracy rate for software purchased in China has been
estimated. Te use of counterfeit software by Chinese
government institutions is considered by some to
remain problematic despite ongoing initiatives by
China to curb this practice.
6
Another recent example
of ofcial Chinese crackdown in counterfeit goods
operations are the series of raids which took place on
in July 2012 on a truly nationwide scale involving
18,000 ofcers across 190 cities. Te resulting
seizures were valued at a total estimated value of
US$182 million (equivalent to 1.16 billion yuan).
Over 2,000 people were arrested and 1,100 facilities
were destroyed.
7

Figure 3: Value of counterfeit items seized in the
US, 2008-2010
S uSC8 uSC8 uSC8
China
87%
Other East Asia
1%
Rest of
the
world
12%
Figure 4: Source of counterfeit items seized by
European Customs, 2008-2010
S LC LC LC
China
74%
Rest of the
world
26%
Box: Counterfeit Seizures in the Pacifc Islands
Between 2006 and 2010, Customs authorities in
the Pacifc Islands reported seizing nearly 100,000
counterfeit items, excluding cigarettes and
related items. Data from the Oceania Customs
Organization (OCO) for the year 2010 shows
that counterfeits were more than twice as likely
to enter Pacifc Islands nations on the persons
and in the luggage of international travellers than
through all other transport methods combined,
including air and sea freight. Tis is despite
the fact that the average seizure value for sea
freight counterfeit shipments was nearly three
times what was entering the Pacifc Islands via
personal travel.
3
Like the US and EU, the Pacifc
Islands have seen an increase in reported cases of
counterfeits arriving by mail over the past fve
years, from just four such cases in 2006 to 21
cases in 2010.
4
125
Chapter 11
8
Ofcial Communication with Government of Tailand, October 2012.
9
American Chamber of Commerce in Shanghai 2010.
10
Chow 2011; UNICRI 2012
11
PCTN 2011: p.19.
12
WCO 2011: p.11.
13
CNBC 2011
14
WCO 2011: p.25.
15
NZCS 2008: p.5; Filipino Post 2011, Nation cited as major source of
fake goods, Te Filipino Post, 22 February 2011.
Tailand has also had some success in suppressing
counterfeit consumer goods. For example, in 2011,
the Royal Tai Police and Department of Special
Investigation conducted 9,872 raids and seized
4,561,272 items. In the same year, the Customs
Department conducted 581 raids and seized 308,458
items. Also in 2011, the government organized two
ceremonies during which 2.1 million counterfeit
items - worth approximately US$ 40 million - were
destroyed.
8
z. Hou is the trcjjclin conducted?
Because those involved in counterfeiting may also
be involved in producing the genuine product, the
production processes are similar. Although dedicated
counterfeit factories have been detected in large
numbers, production is often decentralised, making
use of networks of specialists. Sometimes production
processes cross borders. Counterfeit logos may be
attached to generic garments and items produced
elsewhere. Te misbranding of merchandise can even
occur in transit countries. As a result, many of those
involved in manufacturing counterfeits may have no
notion that they are doing anything illegal.
At the level of marketing, of course, there is active
collusion, or at least willing blindness. As with any
market, there are both push and pull factors at work.
Tose who organize the production of counterfeits
may actively seek distributors, making contacts
through the Internet or social networks. At the
same time, regional distributors may travel to China
or contact Chinese frms with specifc production
requests. A furry of activity on both sides may
accompany major market events, such as sports
competitions and the release of new product lines.
Te complexity of the networks involved in
satisfying global demand for counterfeits has made
enforcement difcult, but the threat of detection is
sufcient that counterfeiters are taking measures to
avoid it. To reduce the risk of having their products
seized, counterfeiters may conduct just in time
production, minimizing inventories. To evade
detection, goods may also be stored in warehouses,
located at a distance from production facilities and
registered to front companies.
9
As in many contraband markets, corruption is key.
Corrupt ofcials may sell manufacturing licenses
or falsify inspections of goods.
10
At production
sites, ofcials may receive bribes to allow the use of
irregular labour or the dumping of hazardous waste.
Security ofcials may be paid to tip of counterfeiters
about upcoming police raids. In more extreme cases,
corrupt public ofcials may themselves be members
of counterfeiting networks. In the Pacifc islands,
authorities report several recent cases of corrupt law
enforcement ofcers in the Republic of the Marshall
Islands and Tonga facilitating the fow of counterfeit
goods in the region.
11

After production, the next phase is concealment and
shipping. Counterfeiters can falsely declare goods
in order to avoid inspection at border points, or
combine fake products with legitimate shipments,
particularly for products sourced from back-door
production.
12
Alternatively, brand-name counterfeit
goods can be disguised with lesser-known logos in
order to avoid suspicion by authorities. For example,
in one shipment of illegally manufactured boots
seized by US authorities, counterfeiters had covered
the fake branded boot soles with non-descript and
removable soles.
13
Similarly, in 2010, Czech Republic
Customs seized sports shoes from China that had
nameless labels sewn over the fake brand-name
labels.
14
Circuitous routes used by East Asian counterfeiters to
evade detection often involve free-trade zones, such
as the Jebel Ali Free Zone in Dubai, United Arab
Emirates. Te UAE is commonly the provenance of
counterfeit goods shipments, despite the fact that
very little manufacturing goes on there. Free-trade
zones also provide opportunities for counterfeiters
to sanitise shipping documents in ways that
disguise their original point of manufacture. A lack
of enforcement in free-trade zones also allows for
unbranded goods to be repackaged with counterfeit
trademarks prior to being exported to destination
markets.
15
Tere appear to be two primary channels for
transporting counterfeit goods. One is by post
126
1 C C 1 A L A
16
Lomas 2011
17
USCBP 2011: p. 12; EC 2010: p. 30.
18
Palmer and Lee 2010
directly to the consumer, mainly involving Internet
purchases. Te number of postal detections of
counterfeits has increased dramatically in the
European Union (see Figure 5), although the value
of these small shipments constituted only 3% of the
total in 2010. Tis has been ascribed to the increase
in Internet commerce.
16
Te number has also
increased in the US, though much less dramatically.
17

US Customs ofcials have noted that with Internet-
based sales, ofcers have to look harder to fnd less.
18
Te second channel generally involves containerized
shipment of large volumes of merchandise to be
distributed on arrival. In both the US and the
EU, maritime shipments comprise the bulk of the
value of counterfeits seized. Te WCO does not
consistently report on shipment methods in its IPR
and Customs Reports, but at least some 2010 WCO
data afrms the pattern seen in the US and EU. For
Figure 5: Number of cases of counterfeits detected
in postal shipments in the EU
S L C
6,679
8,733
12,068
15,003
48,997
0
10,000
20,000
30,000
40,000
50,000
60,000
2006 2007 2008 2009 2010
example, 59% of the value of total seizures from
East Asia in 2010 came from seaborne container
shipments, even though there were 654 mail seizures
compared to only 433 seaborne seizures.
19
Other
sources also demonstrate that most counterfeit
seizures are made on bulk cargo and seaborne cargo
(see Figures 6 and 7).
. Who cre the trcjjclers?
Since so much of counterfeiting involves the same
production mechanisms and the same transportation
modes as legitimate manufacturing, a large, dedicated
organization is not required. Anyone can contract
a Chinese textile mill to produce 10,000 shirts and
another to produce 10,000 brand-name patches. Te
shirts can be shipped by container to a free-trade
zone and the patches dispatched by post to the same
location. Irregular labourers can be contracted to
afx the patches to the shirts, and the product can be
shipped to Europe through any of the major ports,
where, despite remarkable enforcement eforts, only a
small share of counterfeits will be seized.
It helps, of course, to have experience in
manufacturing the goods to be counterfeited and
the technicalities of international shipping, but
more important are connections to producers and
distributors. Te key players in counterfeit markets
are essentially brokers and logisticians, connecting
supply and demand. Tey invest the money,
coordinate production and transport, unload the
merchandise, and reap the rewards.
Figure 6: Value of European Union seizures by
shipment mode, 2010
Source: EC 2011
Air
18%
Express mail
3%
Post
3%
Rail
<1%
Road
10%
Sea
66%
Figure 7: Value of US seizures by shipment mode,
2007-2010
S uSC8
Express
11%
Regular mail
5%
Cargo
71%
Other
13%
19
WCO 2011: p. 42.
127
Chapter 11
20
Hooper 2010; Financial Times 2010, Chinese gangs exploit niche left
by mafa, Financial Times, 28 June 2010; Te Telegraph 2010. Chinese
Gangs Step into Gap Left by Mafa, Te Telegraph, 10 June 2010.
21
EuroWeekly 2011
22
ICC-CCS 2012
23
OECD 2008: p. 71; UNODC 2010: p. 173.
24
OECD 2008; OECD 2009. Within the region of East Asia and the
Pacifc, the OECD notes potential counterfeit-to-trade percentages of up
to 5% for a number of countries, including China, Hong Kong, China,
Malaysia and the Philippines.
25
UNCTAD 2012
26
UNCTAD 2012
On arrival at destination, nationality-based or
ethnic networks are often important for receipt and
distribution. Expatriates from South Asia, East Asia,
and West Africa appear to be particularly important.
Wholesale distributors may ofer both licit and illicit
merchandise. At the distribution end, some of these
goods may be sold through mainstream retail outlets,
often variety stores in depressed areas, while others
are sold through street vendors and at fea markets.
Street distribution often requires the consent of
territorial organized crime groups in destination
countries. Rather than organizing the trafcking,
most often these groups license distribution, levying
a tax on vendors. In some cases, these groups may
buy bulk merchandise at a discount and arrange
distribution through their own networks.
For example, in June 2010, Italian police arrested
17 Chinese nationals and seven Italian nationals
in an investigation into various criminal activities,
including prostitution, money laundering, tax
evasion, human trafcking, and the distribution
of counterfeit goods. Te counterfeit goods were
primarily designer clothes produced by Chinese
crime groups in Tuscany. Tat investigation led to
the seizure of 780,000 counterfeit items. Chinese
criminal gangs also reportedly partnered with
suspected Italian mafa associates to exploit niche
markets for luxury goods in several major Italian
cities. Chinese gangs reportedly forced smuggled
migrants into prostitution and low-wage labour and
used mafa intimidation tactics in some Chinese
diaspora communities in Italian cities.
20
In another example of Italian mafa links to
counterfeiting criminal networks in East Asia,
Spanish authorities arrested 64 individuals in
July 2011.
21
Italian mafa associates linked to the
Neapolitan Camorra group reportedly purchased
thousands of counterfeit brand-name products,
including tools, machinery and textiles that had been
produced by 25 companies in China. Te counterfeit
goods were imported to Spain and Italy with plans
for further distribution in Europe, North America,
Latin America and South Africa.
(. Hou bi is the jou?
Te poor and heterogeneous quality of data related
to seizures does not allow accurate calculations of
the actual size of the market for counterfeit goods.
Terefore, it is important to refer to statistics related
to the legitimate trade worldwide and to combine
this information with other studies on crime
patterns. If we limit the scope of this analysis to the
fow of counterfeit goods from East Asia to EU and
the US it is possible to depict a credible picture.
In 1997, the Counterfeiting Intelligence Bureau of
the International Chamber of Commerce estimated
global counterfeiting at approximately 5-7% of
world trade.
22
Tis proportion is widely used in
anti-counterfeiting analyses but has been criticized
as an overestimate based on limited empirical data.
23

Comprehensive research by the Organization for
Economic Co-operation and Development (OECD)
in 2008 and 2009 concluded that counterfeiting
accounts for around 2% of world trade.
24
In 2010, the US imported about US$587 billion-
worth of products from East Asia.
25
Using the
OECDs 2% estimate, this amounts to roughly
US$11.7 billion of counterfeit goods. In that same
year, the EU imported roughly US$678 billion of
products from East Asia,
26
which would yield using
the OECDs 2% estimate approximately US$13.5
Figure 8: Value of licit imports and estimated
counterfeits (2%) in 2010
S unC1Au
42.35 41.84
0.85 0.84
0.00
5.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
US EU
U
S
$
B
i
l
l
i
o
n
s
Licit Counterfeit
128
1 C C 1 A L A
billion worth of counterfeit goods. According to this
trade-based estimate then, the US and EU markets
combined are estimated to have imported US$25.2
billion of counterfeit goods from East Asia in 2010.
In order to avoid double counting with the following
chapter which is devoted exclusively to fraudulent
medicines, it is necessary to subtract the estimated
value of this fow from East Asia to the U.S. and EU.
Using ofcial U.S. and EU seizure statistics for 2010,
fraudulent medicines constituted only around 3%
of all counterfeit products from East Asia to these
jurisdictions. Tis would amount to approximately
US$ 0.8 billion. Subtracting this fgure from the
total for counterfeits yields a net value of US$24.4
billion.
By way of triangulation, in 2010, the US seized
roughly US$155 million in counterfeit goods
from East Asia, while the EU seized roughly $161
million.
27
Te sum of these two fgures represents
1.25% of the estimated illegal trade from East Asia to
EU and US. Tis rate of interception seems realistic
and in line with previous studies by the OECD,
which presented a rate of seizures equal to 0.5% of
the global illegal trade.
28
27
USCBP 2010; EC 2010. Te EU values its counterfeit seizures at the
retail level. In order to make this fgure comparable to US wholesale-level
data, the 2010 EU retaillevel seizure value was divided by a factor of
7.5. Te factor of 7.5 was derived by comparing US retail and wholesale
valuations of counterfeit seizures (see USCBP 2010, p. 18).
28
OECD 2008: p. 113.
Figure 9: Value and number of seizures of
counterfeits shipped from China to the US
S uSC8
0
50
100
150
200
250
0
5000
10000
15000
20000
25000
2
0
0
0
2
0
0
1
2
0
0
2
2
0
0
3
2
0
0
4
2
0
0
5
2
0
0
6
2
0
0
7
2
0
0
8
2
0
0
9
2
0
1
0
2
0
1
1
V
a
l
u
e

o
f

s
e
i
z
u
r
e
s

(
i
n

m
i
l
l
i
o
n
s

U
S
$
)

N
u
m
b
e
r
o
f

s
e
i
z
u
r
e
s
Number of seizures from China Value of seizures from China
129
Chapter 12
Fraudulent essential medicines from East
Asia to Southeast Asia and Africa
$33 m
$67.7m
$97.3 m
$181 m
$192 m
$1.55 bn
$2.5 bn
$3.75 bn
$5 bn
$15 bn
$16.3 bn
$17 bn
$24.4 bn
0 5 10 15 20 25 30
Labour tracking (GMS to Thailand)
Illegal ODS to EAP
Migrant smuggling (S and W Asia to Australia and Canada)
Sex tracking (GMS to Thailand and Cambodia)
Migrant smuggling (GMS to Thailand)
Migrant smuggling (E and SE Asia to Europe and US)
Illegal wildlife in EAP
IIllegal e-waste to EAP
Fraudulent medicines (EAP to SEA and Africa)
Methamphetamines within EAP
Heroin within EAP
Illegal wood products from EAP
Counterfeit Goods (EAP to Europe and US)
$ bn = US$ in billions
$ m = US$ in millions
130
1 C C 1 A L A
NATURE OF THE THREAT
1. Severe health risks including
death: presence of toxins; lack of active
ingredient.
2. Drug resistant strains:
microbial resistance: under-
medicated patients become vectors for drug-
resistant strains; superbugs.
3. Revenue loss: fnancial losses to private
industry and government revenues.
131
Chapter 12
1. What is the nature of this market?
Tis chapter refers to fraudulent medicines, not
counterfeit medicines, and this choice of terminology
is important. Counterfeit is often used to refer
to falsely-branded or unlicensed products, where
the crime involved is intellectual property theft. In
contrast, the act of deceiving buyers as to the content
of what they are buying is fraud. Tis includes
misbranding, but is broader, and crucially
encompasses products that do not contain what they
purport to contain.
In the context of pharmaceuticals, fraud is a very
serious matter indeed. When sick people are not
properly medicated, two things can happen. One,
they dont get better, and the inappropriate medicine
may even make them worse. Te best doctors in the
world cannot provide healing when they dont know
what is in the drugs they are administering. Two,
when antimicrobial drugs are given in insufcient
doses to kill the pathogen, drug resistant strains can
develop, posing a global health threat.
Te exact percentage remains unclear, but a number
of surveys have determined that a large share of the
essential medicines sold in Southeast Asia and Africa
are bogus. Forensic testing of samples from these
regions has produced alarming results in most, one-
third to two-thirds of the samples tested were found
to be defcient or falsifed (see Figures 1 and 2). In
some cases, there is deliberate brand counterfeiting,
but in many others, the drugs are generic. For the
consumer, the results are the same.
Tere are many possible reasons why the contents
of the medication may not be what the packaging
promises. Some of this may be a simple lack of
production standards, insufcient mixing, or
contamination and degradation. Te fact that some
tested samples actually included more than the
specifed dose is evidence that sloppiness occurs.
But the market incentives for under-dosing are
surely a factor as well. In order to under-price their
competitors, producers of fraudulent medicines may
include less of the expensive active ingredients and
more fller.
In general, organized crime fourishes in times of
rapid transition, when the old norms no longer apply
and the new have yet to take hold. Tus, we should
expect abuses to emerge in countries with rapidly
growing pharmaceutical industries. Te countries
with the most rapidly-expanding pharmaceutical
industries in the world today are India and China
(see Figure 3).
If those involved in this industry were aiming at
getting the highest price for their wares, almost all
fraudulent medicines would be shipped to the G8
countries. Looking exclusively at the
seizure fgures, one might conclude that
this is, in fact, the case. But the high
rate of seizures in the richer nations is a
direct result of their ability to detect the
fraud. Forensic testing has shown that
the prevalence of fraudulent medicines
is much higher in poor countries than in
rich ones, with some of the highest rates
being detected in Africa and Southeast
Asia. Te low value of these markets
suggests this is a crime of opportunism.
Fraud is mainly perpetrated where there
is lowest risk of detection, not highest
rate of return.
Te nature of the medicines involved
also varies depending on the destination.
Seizures made in the wealthier
countries are mostly of mail-order
lifestyle medicines, such as the erectile
Figure 1: Share of anti-malarial medications found to be
falsifed in Southeast Asia
Location Date of Sample
Collection
Falsifed
Cambodia, Laos,
Myanmar, Tailand,
Viet Nam
19992000 39 out of 104
(38%)
Cambodia, Laos,
Myanmar, Tailand-
Myanmar border,
Viet Nam
1999-2005 195 out of 391
(50%)
Cambodia, Laos,
Myanmar, Tailand,
Viet Nam
20022003 99 out of 303
(33%)
Cambodia 2003 88 out of 111
(79%)
Laos 2003 27 out of 30
(90%)
S k
132
1 C C 1 A L A
1
PSI 2010
2
WCO 2008; WCO 2009; WCO 2010
dysfunction drug, Viagra. Internet
pharmaceutical fraud can have serious
health consequences for individual users,
but users in the wealthier countries
can largely avoid this hazard by buying
from reliable domestic sources. Tose
in developing countries do not have
this choice, and the damage is far more
widespread.
Both seizure data and forensic testing
have again confrmed that the largest
sources of both fraudulent lifestyle
medicines and fraudulent essential
medicines are India and China. Te
Pharmaceutical Security Institute,
a trade association that monitors
counterfeit seizures globally, found that
China and India were the top origins of
detected counterfeits in 2010 (see Figure
4). Tey also found that China detected
more counterfeit manufacturing
operations than any other country that
year.
1
Statistics from the World Customs
Organization (WCO) indicate that
China was the departure point of nearly
60% of the counterfeit medical products
(medicines and condoms) seized
worldwide between 2008 and 2010.
2

Tese statistics refect the departure
points (provenance) of seized shipments,
not their origin. Te provenance of
these shipments is often from countries
that have no known pharmaceutical
production, licit or otherwise, and
so the share of shipments originating
in India and China could actually be
higher.
Unlike in Europe or the U.S., there is
no consolidated database of African
or Southeast Asian pharmaceutical
seizures. Lifestyle drugs are also seized
in Southeast Asia, but most of the
fraudulent medicines encountered in
East Asia and the Pacifc are antibiotics,
anti-microbials, anti-hypertensives, cardiovascular
Figure 2: Share of anti-malarial medication that failed chemical
assay analysis in Africa
Location Date of
sample
collection
or study
publication
Failed chemical
analysis
Uganda 2001 57 out of 92 (62%)
Cameroon 2001 112 out of 284 (39%)
Kenya 2002 47 out of 116 (41%)
Kenya 20012005 11 out of 41 (27%)
Laos 2003 27 out of 30 (90%)
Kenya and
Democratic Republic
of Congo
2004 9 out of 24 (38%)
Burkina Faso 2006 32 out of 77 (42%)
Madagascar, Senegal,
Uganda
2008 64 out of 197 (32%)
Ghana, Kenya,
Nigeria, Tanzania,
Ethiopia, Cameroon
2008 72 out of 267 (27%)
Kenya 2000 23 out of 33 (69%)
Tanzania 2000 5 out of 9 (55%)
Nigeria 2001 119 out of 284 (42%)
Senegal 2002 15 out of 27 (56%)
Tanzania 2003 10 out of 33 (30%)
Congo, Burundi,
Angola
2007 16 out of 28 (57%)
Nigeria 2007 19 out of 32 (59%)
Tanzania 2008 38 out of 301 (12%)
Ghana, Kenya,
Nigeria, Rwanda,
Tanzania, Uganda
2008 73 out of 210 (35%)
Ghana 2009 14 out of 17 (82%)
Nigeria 2009 60 out of 225 (27%)
Burkina Faso, Chad,
Cameroon, DR
Congo, Ghana,
Kenya, Nigeria,
Rwanda, Senegal
2002-2010 35 out of 59 (59%)
S C
133
Chapter 12
one major Asian producer
(Guilin Pharmaceutical
from Chinas Guangxi
region), 61% were found to
be counterfeit.
Forensic testing has also
demonstrated the extent
of the problem. A recent
review of the literature
found that between one-
third and nine-tenths of
the anti-malarial medicines
tested in Southeast Asia in
recent years were found to
be false. Similarly, between
12% and 82% of anti-
malarial drugs tested in
Africa have failed chemical
assay analysis. Chemical analysis of samples of other
essential drugs has produced similar results.
5
It is possible to determine the origin of fraudulent
medicines forensically, although this has rarely
been done. Testing in connection with Operation
Jupiter traced the origin of certain counterfeits to
a particular region of China, and arrests were then
made on this basis.
6
A recent forensic study of
fraudulent medicines detected in Africa confrmed an
Asian origin for these drugs.
7
Te Chinese government is aware of risks involved in
a rapidly growing pharmaceutical industry, and has
launched a number of campaigns to address abuses.
Figure 3: Pharmaceutical exports
S W 1 C
1.8
2.0
2.3
2.9
3.2
3.8
4.5
6.0
8.1
8.6
10.7
1.1
1.3
1.6
2.0
2.3
2.8
3.4
4.5
5.8
5.9
7.1
0
2
4
6
8
10
12
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
U
S
$

b
i
l
l
i
o
n
s
China India
medicines and anti-diabetics.
3
Large quantities of
fraudulent essential medicines have been seized
in Interpol-led law enforcement sweeps aimed at
detecting fraudulent products and their purveyors:
Te 2008 Operation Storm detected counterfeit
anti-malarials in Myanmar (produced in
Tailand) and Kenya (produced in China).
Te 2010 Operation Storm II in Southeast Asia
led to the seizure of millions of dollars worth
of fraudulent antibiotics, anti-malarials, birth
control medicines, anti-tetanus serums, and
pain-relief medications.
4
Te 2008 Operation Mamba in East Africa
led to the seizure of more than 100 diferent
products (including anti-malarials, cardiac
medicines, and others).
Te 2009 and 2010 Operations Mamba II and
III in East Africa led to the seizure of essential
medicines such as vaccines, anti-malarials and
antibiotics.
Te 2009 Operation Zambezi in Southern Africa
led to seizure of counterfeit and illicit anti-
malarials, antibiotics, and steroids.
Te 2011 Operations Cobra and Harmattan in
West Africa led to the seizure of counterfeit anti-
malarials and antibiotics.
Te 2006 Operation Jupiter in Southeast Asia
found that of the 321 samples manufactured by
3
UNODC Communication with Dr. Budiono Santoso, Regional
Advisor, Western Pacifc Regional Ofce of the World Health
Organization, Manila, Philippines), 21 December 2011.
4
Interpol 2010a
Figure 4: Top fve origins of counterfeit medicines
detected
S S l
196
67
18
14
10
0
50
100
150
200
250
China India Paraguay Pakistan UK
p
r
o
d
u
c
t
s

t
r
a
c
e
d
5
Kelesidis and others 2007
6
Newton and others 2008
7
Newton and others 2011
134
1 C C 1 A L A
12
Traynor 2010; Bogdanich 2008
13
Hall and others 2000. Such active ingredients no longer used in
anti-malarials include chloramphenicol (an inexpensive antibiotic),
pyrimethamine-sulfadoxine (an out-of-use antimalarial) and metamizole
(an analgesic that has fallen into disuse due to possible dangerous side-
efects).
14
UNODC Communication with Mr. Tomas Kubic, Pharmaceutical
Security Institute, USA, 20 December 2011.
15
Vaysse and others 2010; BBC News 2011, Fake medicine trade: UK
crackdown on drug importers, BBC News, 29 September 2011
16
WHPA 2011: p.8. See also Poon and others 2008.
Te former head of the Chinese Food and Drug
regulatory agency was executed in 2007 for receiving
close to one million dollars in bribes for approving
hundreds of medicines. In 2008, the melamine
scandal in which babies died from drinking tainted
formula showed that the problem ran deeper than
one ofcial. More recently, sweeps in 2011 found
widespread counterfeiting in Henan province, with
hundreds of operations detected.
8
Tat same year, a
network in Guangxi Zhuang Autonomous Region
was found producing 710 diferent products, from
lifestyle drugs to antibiotics.
9
z. Hou is the trcjjclin conducted?
Fraudulent pharmaceutical production is not a
homogeneous industry. Tere are frms of all sizes
in the region, some specialized in a particular type
of product and others ofering a wide range. Some
operations are exclusively focused on producing
counterfeits, while others produce licit products
(pharmaceuticals, traditional medicines, industrial
chemicals) as well. A single frm can produce licit
pharmaceuticals for one market and fraudulent
ones for another. Te share of fraudulent medicine
produced by a frm may also vary over time.
Te World Health Organization reports that the
manufacture of fraudulent medicines is often a small-
scale cottage industry, conducted in informal settings
such as garages or small warehouses.
10
Many detected
operations ft this description, with chemicals stored
in piles on the foor and distributed with shovels. But
mainstream pharmaceutical frms can also produce
fraudulent medicines. For example, in March 2012
Furentang Pharmaceutical, a company based in
Jiangxi, China, had its license revoked for producing
counterfeits. Te company had been using forged
documents to justify manufacturing products they
had no license to produce.
11
Mainstream companies under fnancial pressure can
stray into fraud. Wary of protecting their reputations,
they may substitute cheaper chemicals that mimic
the efects of the medicines they are purporting
to sell. For example, fraudulent heparin, a well-
established drug with many clinical applications, was
exported to the US from China in 2008. Te heparin
was diluted with a cheaper chemical that mimicked
the efect of the original drug.
12
Similarly, products
sold as the anti-malarial artesunate in Southeast
Asia have been found to contain cheaper substances,
including out-of-use anti-malarials and drugs with
possible dangerous side efects.
13
Companies under
pressure can also cut corners by skipping steps in
manufacturing process, including quality control
checks.
14
Tey can alter the expiration date of
standing stocks, fail to maintain appropriate storage
conditions, or add cheap ingredients not intended
for human consumption.
In East Asia, traditional and herbal medicines
are a multibillion-dollar business. Equipment to
manufacture and package these products can be
very similar to that used for pharmaceuticals, so
transitioning to counterfeiting is easy. Pharmaceutical
drugs may be secretly added to herbal products to
increase the appearance of efcacy. A 2010 study of
20 herbal products and natural dietary supplements
(over half of which came from China) found that
only four had a composition corresponding to
declared ingredients on the packaging or associated
leafet; the remainder were adulterated with
unadvertised active pharmaceutical ingredients, some
of which are believed to be dangerous to human
health and are banned in various countries.
15
Another example was an incident in 2009, when 150
Singaporeans were admitted to hospital after taking
fraudulent herbal supplements marketed as erectile
dysfunction remedies. Te herbal supplements
contained glyburide, a powerful pharmaceutical used
for the treatment of diabetes that can be dangerous
for non-diabetics. Seven patients were comatose as
a result of severe brain damage and four patients
subsequently died.
16
In May 2010, Taiwanese
authorities seized 650,000 diet capsules from a
8
Xinhua News Agency 2011a, Chinese police busts multi-million-dollar
fake drug cases, Xinhua News Agency, 29 November 2011.
9
Xinhua News Agency 2011b, Police detain 39 for fake drugs in SW
China, Xinhua News Agency, 31 December 2011.
10
WHO 2012. Also UNODC communication with East Asia-based
fraudulent medicine expert, 12 January 2012.
11
Xinhua News Agency 2012, Drug maker punished for counterfeiting:
SFDA, Xinhua News Agency, 1 April 2012.
135
Chapter 12
17
Chao-Fu and Kuo 2010; WHPA 2011: p. 8.
18
UNODC communication with Mr. Tomas Kubic, Pharmaceutical
Security Institute, USA, 20 December 2011.
19
London Evening Standard 2011; Sears and Greenwood 2011.
20
Lewis 2009
21
Toscano 2011
22
OECD 2008
licensed manufacturer that were found to contain
phenolphthalein, a possible carcinogenic organic acid
that has been banned in several countries.
17
Of course, the crime of pharmaceutical fraud does
not require a coherent organization at all, and can be
the product of a chain of actors with no institutional
identity. Te fraud can be introduced at any point
in the supply chain, with or without the knowledge
of the other participants. For example, producers of
chemical ingredients may export these to buyers in
other countries, who combine them to produce bulk
powders or solutions that are then again exported to
be broken into dose units and packaged. Because the
point at which an adulterant has been introduced
may not be clear, the level of intent of any of these
actors may be difcult to discern, but the end
product can be as deadly as any produced in its
entirety on one site.
For example, in 2007, a small factory in China
produced a syrup containing diethylene glycol
commonly used as antifreeze and sold it as
pharmaceutical grade glycerin. Te fraudulent
glycerin was sold to a Beijing brokerage company,
which shipped it from Shanghai to another broker in
Fraudulent Herbal Medicines in New Zealand
Te New Zealand Medicines & Medical Devices
Safety Authority (Medsafe), which inspects all
medical consignments sent through the countrys
International Mail Centre, reports that falsely
labelled herbal medicines have been problematic
since the agency began functioning in mid-
2007. Tese fraudulent medicines typically
purport to be purely herbal treatments for
erectile dysfunction or weight loss, but in fact
are often found to contain hidden or undeclared
prescription medicines, including those typically
found in commonly used treatments for erectile
dysfunction. From July 2007 through 2010,
Medsafe found 1,721 consignments of such
fraudulent herbal medicines, although annual
incidents declined by 23% between 2008 and
2010. More than 60% of the consignments
of fraudulent herbal medicines shipped by
international mail to New Zealand from mid-
2007 to 2010 came from China.
Barcelona, who forged some paperwork and sold it
on to yet another broker in Panama. Te syrup was
used to manufacture medicines in Panama, resulting
in at least 100 deaths.
It is not uncommon for counterfeit ingredients to
be sent from China to Southeast Asia for production
and packaging. Tese extended transnational
networks are inherently fexible: if any supplier or
assembler is removed, other partners can be found.
As law enforcement and regulatory pressure has
increased within China, key aspects of production
are moved to other countries, such as the Democratic
Peoples Republic of Korea, Myanmar and Viet
Nam.
18
Cases have also been reported where unfnished
products have been shipped from China to richer
countries for fnishing. In 2011, a British national
received an eight-year prison sentence for importing
more than two million doses of fraudulent cancer,
heart disease and schizophrenia medicines from
China. To pass of the drugs as a French product,
special French-style bar-code labels were produced
and imported separately from the fraudulent
medicines, and the fnal product was assembled in
the UK prior to distribution.
19
Once the product is fnished, it may still be moved
internationally many times before being consumed.
Fraudulent medicines can change hands more
than 30 times before reaching buyers.
20
One recent
investigation found that fraudulent medicines
produced in China were transported by road to
Hong Kong (China), sent by air to Dubai, and then
through Londons Heathrow Airport to the Bahamas.
Te trafcking organization kept a warehouse center
for its fraudulent medicines in the Bahamas from
which the drugs were sent back to associates in the
UK, who eventually sent the packages to the United
States.
21
As with counterfeit goods, the free-trade zones of
the Middle East have emerged as key trans-shipment
points for fraudulent medicines.
22
In many cases,
fraudulent medicines are smuggled by truck over the
136
1 C C 1 A L A
23
UNODC communication with Sebastian J. Mollo, Intelligence
Director, Americas, Pharmaceutical Security Institute , USA, 30 January
2012.
24
UNODC communication with Mr. Tomas Kubic, Pharmaceutical
Security Institute, USA, 20 December 2011.
25
UNODC communication with Sebastian J. Mollo, Intelligence
Director, Americas, Pharmaceutical Security Institute, USA, 30 January
2012.
26
PSI 2012; Toscano 2011
27
WCO 2009: p. 14. See also Lewis 2009.
28
OECD 2008: p. 348.
29
Bogdanich and Hooker 2008
30
Burki 2010: p. 585.
31
UNODC communication with East Asia-based counterfeiting
medicine expert, 12 January 2012.
32
Te World Health Organization has previously estimated that
fraudulent medicines account for less than 1% of pharmaceutical markets
in developed countries and between 10-30% of developing countries
markets. See WHO 2006.
33
IMS 2011
border from Guangdong Province into Hong Kong
(China). From Hong Kong (China), the fraudulent
medicines will transit free-trade zones, such as those
in the United Arab Emirates and Syria.
23
Relaxed
regulations in free-trade zones give fraudulent
medicine trafckers the ability to repackage their
goods and conceal their point of origin.
24
As with any other business, pharmaceutical fraudsters
adapt their production to meet changes in demand.
Fraudulent injectable cancer medications have been
discovered at an increasing rate over the past three
years.
25
Incidents involving fraudulent medicines in
the metabolism category, which includes diabetic
medicines, have increased recently.
26
Te WCO
reports that fraudulent forms of the H1N1 vaccine
became widely available after the outbreak of this
fu strain in 2009.
27
And in March 2006, fraudulent
forms of rimonabant an anti-obesity drug was
advertised for sale over the Internet. Tis was
done three months prior to the drugs approval by
European Union authorities.
28
. Who cre the trcjjclers?
Just as there are many forms of pharmaceutical fraud,
so too there are many types of trafckers. Tose who
merely repackage expired medications need little
more than printing skills and the connections to
acquire and move their product. At the other end of
the spectrum are pharmaceutical executives who use
their sophisticated understanding of the market to
make large criminal profts. Most common are those
with some involvement or experience of the industry,
who learn that it is possible to make more money
selling fraudulent medicines than licit ones.
For example, in 2008, forensic investigations of
fraudulent artesunate in mainland Southeast Asia
traced ingredients and components to a location in
southern China, close to the border with Viet Nam,
Lao PDR and Myanmar. An individual arrested
in this case claimed that he had previously sold
legitimate pharmaceuticals until he was approached
by Myanmar medicine distributers who wanted him
to produce fraudulent varieties of medicines in order
to increase their profts.
29
Producers of drugs which are abused may also be
involved in producing counterfeit medications.
For example, the veterinary drug ketamine, which
is not under international control, is produced in
large quantities in China. It is heavily abused in
Hong Kong (China) in particular. Investigations in
Cambodia have in the past revealed traces of Ecstasy
(MDMA) in fraudulent medicines, indicating that
the very same pill presses used to manufacture
the Ecstasy were used to manufacture fraudulent
medicines.
30
Similarly, investigations have shown
that criminal manufacturers of amphetamine-type
substances have been involved in the production and
distribution of counterfeit medicines in Southeast
Asia.
31
(. Hou bi is the jou?
Tere are several ways to get a sense of how much
fraudulent medicine is being trafcked. One is to
look at the legitimate pharmaceutical trade and
estimate the comparable size of the illicit trade. One
frequently cited estimate, commonly attributed to
the World Health Organization, is that the illicit
market represents 10% of the global trade.
32
Te
basis for this estimate is unclear. Te value of the
global trade is heavily concentrated in the richer
countries, where incidence of fraudulent medicines
appears to be less than 1%. East Asia (except Japan),
Africa, and Australia combined account for only
15% of the value of global pharmaceutical sales.
33

As discussed above, those who sell fraudulent
essential medicines seem to target the low-value
markets of Southeast Asia and Africa, where
consumers spend less than US$100 per year on
pharmaceuticals. For example, looking at selected
Southeast Asian countries, per capita pharmaceutical
137
Chapter 12
expenditures vary widely, between US$14 and
US$58 in 2010 (see Figure 5).
34
Per capita
expenditures in African counties are generally much
less, in the neighbourhood of US$8 per capita.
35
Te anti-malarial studies cited above (see Figures 1
and 2)
36
indicate that between one-third and 90% of
the drugs tested in Southeast Asia were fraudulent,
and that between 12% and 82% of drugs tested
in Africa failed chemical assay analysis. Studies of
other anti-microbial drugs
37
indicate similar rates of
failure. Given the wide range of values and the many
products on ofer, it is difcult to come up with
a single fgure, but an average of the anti-malarial
studies cited above gives a fgure of 47%.
If consumers in Southeast Asia bought around US$8
billion in pharmaceutical products
38
in 2010 and
47% of them were fraudulent, this represents around
US$4 billion in fraudulent expenditures that year.
Similarly, if each of the billion people of Africa spent
US$8 on pharmaceuticals in 2010 and half of these
were fake, this represents a market of about US$4
billion. If, in keeping with WCO seizures in 2010,
60% of these drugs originated in China, then the
total fowing from this region to Southeast Asia and
Africa would be just under US$5 billion.
Figure 5: Per capita expenditure on
pharmaceuticals in 2010, selected Southeast Asian
countries
S 8Ml
58
49
30
18
14
0
10
20
30
40
50
60
70
Thailand Malaysia Philippines Viet Nam Cambodia
U
S
$

p
e
r

c
a
p
i
t
a

s
p
e
n
t
34
BMI 2011. Viet Nam value is for the year 2009.
35
Bennett and others 1997: p. 9.
36
Gaurvika and others 2012; Kelesidis and others 2007
37
Kelesidis and others 2007
38
An extrapolation based on the per capita expenditures times the
national populations.
139
Key issues and implications for response
Responses common to both smuggling of
mIgrunLs und LruIhckIng In persons
2. DEVELOP AFFORDABLE, ACCESSIBLE,
SAFE AND LEGAL MIGRATION CHANNELS
Despite the restrictions imposed by highly-regulated
migration systems, people move continuously
for a range of reasons to seek employment, to
escape poverty, to reunite with their families. Tey
also move to fee internal confict or persecution.
However, the difculty in accessing legal channels
for migration often forces individuals to rely on
the services of smugglers to reach their destination.
Whether they are smuggled or not, migrants who
move without the protection of the law or full
access to the labour market and social services in
destination countries can sufer from considerable
disadvantages. In turn, these disadvantages make
them vulnerable to exploitation or trafcking by
brokers, agents, and employers. Several countries
in Southeast Asia have established formal labour
migration channels, and some have long-standing
refugee resettlement programmes. However, many of
these systems are complicated, time-consuming, and
expensive. Such shortcomings contribute to fuelling
irregular migration and migrant smuggling.
Implications for a response:
a. Expand legal migration opportunities: Instead
of resisting economic demands for low-skilled labour,
countries which are growing economically and
require such labour should expand legal migration
opportunities for both men and women through
regularization processes and temporary migration
programmes.|
b. Review processes for bringing migrants within
the law: Existing processes should be reviewed
and made more accessible, efcient and fexible
for migrants. Such eforts are an important step
towards harmonizing a regional migration system.
Anticipating the move towards an ASEAN Economic
Community in 2015, such a system can bring more
migrants within the law and address the needs of
PEOPLE
1. ACROSS ALL CRIME TYPES, FOLLOW
THE MONEY
As noted in the Introduction, connected to all crime
is the threat and existence of money laundering
which amounts to billions of US dollars worldwide.
While money laundering is not the main focus of
this report, it nevertheless has a major impact on
the region. In all countries, eforts are being taken
to address money laundering. Past experience points
to one main conclusion: money laundering is a
crime that has a unique impact on those countries
where it is left unchecked. It damages reputations
and frightens away honest investment. It also opens
up fnancial institutions to criminality. By tackling
money laundering by following the money
law enforcement eforts disrupt organized crime by
tackling its lifeblood. Disruption also undermines
the role-model status of organized crime bosses in
the eyes of small-scale ofenders and may prevent
them from becoming major criminals themselves.
By addressing the issue of money laundering
governments also promote a fair and just society
where crime is seen not to pay and, which prevents
criminals from enjoying the fruits of their crimes.
140
1 C C 1 A L A
vulnerable migrants, including those in need of
protection.
c. Introduce or expand refugee quota systems:
In addition, there is scope to introduce or
expand refugee quota systems to promote legal
migration. Several destination countries have family
reunifcation policies that provide legal channels for
the migration of relatives. Such channels also need to
be expanded.
3. IMPROVE MONITORING OF LABOUR
STANDARDS especially inspections in the
workplace
Irregular migrants are extremely vulnerable to
exploitation, including human trafcking, as they
are generally not protected under any relevant
labour standards. Law enforcement responses to this
problem can further persecute victims if ofcers do
not understand the linkages, as well as diferences,
between migrant smuggling and human trafcking.
Implications for a response:
Labour standards need to be extended to all
migrants, including irregular migrants. Labour
departments should monitor and enforce these
standards and conduct inspections. Tis can be
done: (a) proactively, through scheduled visits; (b)
reactively, in response to complaints; and (c) at
random. Inspection teams should be constituted
through a coordinated inter-agency approach.
Usually this will involve law enforcement and judicial
authorities as well as social services. Te purpose
would be to properly identify victims of trafcking as
well as employers suspected of trafcking or engaging
the services of migrant smugglers. An efective
understanding of the linkages between migrant
smuggling and trafcking in persons is critical to
ensure appropriate and proper responses to the broad
range of situations encountered in the workplace.
Employers of illegal workers should face greater
risks of detection and punishment. Such employers
recruit illegal workers in order to reduce wage
costs and taxes paid to the state. In doing so, they
simultaneously contribute to the vulnerability of
migrant workers to exploitation and deprive the
state of tax revenue. Punitive measures taken against
employers of illegal labour should complement the
measures outlined above to increase the supply of
legal labour to the market.
4. ON THE LAW ENFORCEMENT SIDE,
COMPLEMENT IMPROVED BORDER
CONTROLS WITH BETTER INVESTIGATION
AND PROSECUTION OF TRAFFICKING AND
SMUGGLING NETWORKS
Migrant smuggling and trafcking in persons both
generate large profts for the criminals involved
whether they are migrant smugglers or trafckers in
the form of agents or employers. Both are low-risk
and high-proft crimes. Both are often deadly crimes.
Both are increasingly attractive to organized criminal
networks.
Implications for a response:
Tere is a need to complement border control
eforts with improved collaborative investigation
and prosecution responses. Te aim should be to
dismantle migrant smuggling and trafcking in
persons networks. Responses to both crimes require a
transnational approach by law enforcement, judicial
authorities, and policy-makers. Specialist operational
units with high-level investigative and prosecutorial
skills are required to achieve an efective outcome.
A greater focus on the development and use of
intelligence in tackling criminal networks will lead to
more efective and efcient use of police resources.
SMUGGLING OF MIGRANTS
5. GENERATE POLITICAL WILL TO
COMBAT MIGRANT SMUGGLING
For the most part, there is a strong global
commitment among origin, transit, and
destination countries to combat human trafcking.
Unfortunately, the criminal aspects of migrant
smuggling are often ignored. Tis situation is
worsened by the fact that migrant smugglers expose
people to tremendous risk, including, an increased
vulnerability to human trafcking.
Implications for a response:
a. Mobilize key constituents: In order to combat
migrant smuggling, more efort is required to
mobilize and enhance political will, particularly in
origin and transit states. Eforts to galvanize political
will should involve not only government agencies,
but also businesses, labour unions, diaspora groups,
and civil society organizations. Tis will help ensure
141
Key issues and implications for response
the development of a coherent policy agenda that
sees migration as an integral element of globalization.
Such an approach will assist in demonstrating how
safe and legal migration can be of beneft to all
countries and individuals.
b. Strengthen regional and international
institutions dealing with migrant smuggling:
Strong national frameworks are only part of the
solution. On their own, national or even bilateral
responses to migrant smuggling can result in the
displacement of smuggling routes to other countries.
Tere is thus a critical need for strengthened regional
and inter-regional cooperation among origin, transit,
and destination countries if states are to efectively
combat migrant smuggling.
6. STRENGTHEN NATIONAL LAWS AND
POLICIES with due diligence given to human
rights and to protecting the rights of smuggled
migrants
Many countries do not have specifc legislation on
migrant smuggling. Where such legislation does
exist, enforcement and implementation often remain
weak. Migrant smuggling is typically included
under more general laws and policies geared to
reducing irregular migration. Often the natural
impulse refected in laws and policies is to simply
strengthen border controls. Yet, there is substantial
research evidence which suggests that restrictive
border policies by themselves alone do not solve
the problem of migrant smuggling. Moreover, states
are bound by international refugee and human
rights commitments. If eforts to address migrant
smuggling are not embedded within a broader, more
comprehensive approach, tight border controls can
push irregular migrants into the hands of smugglers.
Implications for a response:
Comprehensive and practical approaches are required
that identify and provide protection and assistance
to smuggled migrants according to international law,
in consort with the apprehension and prosecution
of smugglers. Policies must therefore strike a balance
between these two principles, punishing migrant
smugglers while upholding the rights of the weak
and vulnerable who are smuggled.
7. IMPROVE KNOWLEDGE OF THE
PROBLEM including through the use of the
VRS-MSRC system
Tere is currently a lack of reliable and consistent
data on migrant smuggling being collected and
shared in the region. Tis greatly constrains the
ability of the responsible authorities to develop
evidence-based policies and implement strategies to
combat migrant smuggling.
Implications for a response:
Te ongoing development of the Voluntary
Reporting System on Migrant Smuggling and
Related Conduct (VRS-MSRC) in support of the
Bali Process represents an important step in building
evidence-based knowledge on migrant smuggling and
irregular migration. Te VRS-MSRC is a web-based
data collection system that will make it easier for
countries to collect, share, use, and analyze data on
these issues. All countries of East and Southeast Asia
are encouraged to use the VRS-MSRC to improve
evidence-based knowledge on migrant smuggling
and irregular migration.
TRAFFICKING IN PERSONS
8. IMPROVE VICTIM IDENTIFICATION
SYSTEMS
Te prompt and accurate identifcation of victims
lies at the heart of successful responses to human
trafcking. Once identifed, victims can be provided
with protection and support. Vital information can
also be gathered for the identifcation of trafckers
and trafcking networks for efective prosecution.
By failing to identify trafcking victims, states deny
victims the ability to realize their rights and the
protections to which they are legally entitled and
simultaneously allow trafckers to act with impunity.
Implications for a response:
a. Standardize national mechanisms: To identify
victims of trafcking, standardized national
mechanisms set within a holistic policy framework,
are required.
b. Inter-agency coordination: Such coordination
is necessary between law enforcement and social
services.
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c. Properly trained specialists: Specialists are
also critical to ensuring the correct identifcation
of victims, and in particular, to avoid mistaken
assessments of trafcked victims as illegal migrants.
9. INVEST IN VICTIM-CENTRED
APPROACHES TO LAW ENFORCEMENT
Simply put, trafckers are rarely identifed,
prosecuted, and convicted. Tis is the case worldwide
and also in East Asia and the Pacifc. National
law enforcement agencies and justice systems often
lack the capacity to efectively investigate trafcking
in persons cases. Nonetheless, an adequate law
enforcement response to trafcking in persons is
dependent on the cooperation of trafcked victims
and other witnesses. Despite all this, many victims
and other witnesses are reluctant to become involved
in criminal investigations for several reasons. Tis is
often because they lack confdence in the criminal
justice system. Tis problem becomes compounded
when law enforcement ofcials are complicit in or
directly involved with trafcking practices.
Implications for a response:
a. Training: Law enforcement personnel must
be provided with appropriate training and other
capacity development resources to investigate the
crime of trafcking in a victim centered manner.
b. Rights at the core: Law enforcement ofcials
have an obligation to ensure that the rights of victims
are protected at all stages of the investigation process,
even if victims do not become witnesses in criminal
proceedings. Protecting the rights of trafcking
victims should thus be at the core of all anti-
trafcking eforts and responses. Tis should become
an essential element in all law enforcement training
related to human trafcking.
10. ENCOURAGE INTELLIGENCE-LED
APPROACHES TO THE INVESTIGATION OF
TRAFFICKING
Te capacity of law enforcement agencies to collect,
develop, analyze and disseminate intelligence is
under-developed in the region. Consequently
trafcking investigations can be prone to achieving
only a superfcial penetration of the criminal
networks responsible, and police ofcers rely too
heavily on fshing trips to identify ofenders
where the ofcer adopts a speculative approach to
identifcation of ofenders.
Greater emphasis should be placed on the
development of criminal intelligence structures
and systems around the investigation of trafcking.
Tis will allow more efective and efcient use of
resources, greater penetration of criminal networks,
and greater protection of the rights of innocent
parties. It will also facilitate improved local, national,
and international police cooperation. Furthermore
such an approach will allow for a reduced reliance on
the testimony of victims in trafcking cases.
Implications for a response:
a. Equipment and training: Law enforcement
agencies require investment in terms of both
equipment and training to develop an efective
intelligence-led approach to counter trafcking work.
b. Understand the structures behind human
trafcking operations: Collection and analysis
of available intelligence will promote deeper
understanding of the criminal structures, allowing for
identifcation of ofenders one or more steps removed
from the immediate crime scene.
c. Enhanced police cooperation at local, national
and international levels: As the bigger picture
comes into focus, the potential for exchange of
intelligence and wider cooperation is realized.
11. BETTER REGIONAL CRIMINAL JUSTICE
COORDINATION
Trafcking in persons may take place within a
country, but often it involves the movement of
victims across national borders. In order to tackle the
criminal groups involved, national law enforcement
agencies must therefore cooperate efectively with
the law enforcement agencies of other countries.
Existing regional coordination mechanisms on
TIP are in place. Tese include the COMMIT
mechanism in the Greater Mekong Sub-region and
ASEANs Senior Ofcials Meeting on Transnational
Crime (SOMTC), the latter of which has a specifc
TIP working group. However, both these existing
mechanisms are largely policy-focused. Tey are not
directly operational. In addition, they cover only
specifc parts of the broader East Asia and Pacifc
region (i.e., the ten ASEAN countries) within which
human trafcking networks operate.
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Key issues and implications for response
Implications for a response:
Te establishment of a specifc mechanism that links
or builds upon the work of COMMIT or ASEAN
SOMTC, has potential to facilitate cooperation
between regional law enforcement. Tis is
particularly the case in respect of intelligence-sharing
and investigative responses. Such an approach would
enable a transnational coordinated law enforcement
response to human trafckers.
12. EXPAND THE COUNTERMEASURES TO
INCLUDE LEGISLATION AND OPERATIONS
AGAINST CHILD SEX TOURISM (including
suspicious internet activities)
Tere is signifcant concern that child-sex tourism is
on the rise in Southeast Asia, and that the internet is
being increasingly used to facilitate the activities of
travelling child-sex ofenders.
Implications for a response:
a. Extra-territorial legislation: Such legistration
should be enacted, which prescribes criminal
jurisdiction over sexual ofences committed against
children in foreign jurisdictions.
b. Outlaw simple possession of indecent images
of children: Many of those with a sexual interest
of children retain such images for their personal
use, and as bartering chips to gain access to other
collections. Tis behaviour perpetuates ofending
against children. A strong law on possession of such
images gives greater scope to law enforcement ofcers
when responding to such ofenders.
c. Intelligence-sharing strategies: Policy-makers
and law enforcement agencies should also develop
national, regional, and international strategies
to share intelligence on victims, facilitators, and
ofenders in cases of child sex tourism.
d. ISP-related legislation: In order to support
investigations and transnational law enforcement
cooperation, additional legislation should be enacted
to ensure that Internet Service Providers (ISPs)
maintain transactional records of suspicious criminal
activity related to child sex tourism. ISPs should also
block sites or remove websites with child sex images
as a temporary disruptive tool.
13. MORE AND BETTER RESEARCH
As demonstrated in this TOCTA, the matter of
estimating the volumes and annual gains from labour
and sex trafcking is extremely difcult. At present,
the lack of systematic and broad research limits the
ability of policymakers to make informed decisions
to improve law enforcement eforts.
Implications for a response:
Independent research should be conducted, with the
endorsement and full support of national authorities.
Tis will support more informed policy making and
priority setting for law enforcement agencies. Tis
in turn will increase the likelihood of improving
responses to human trafcking in its various forms
throughout the region.
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14. PRIORITIZE MYANMAR support
the reduction of poppy cultivation and drug
production in Myanmar
Opium poppy cultivation and heroin production in
Myanmar has risen steadily since 2006. Myanmar
is also a major source of ATS. Nevertheless, recent
positive political developments in Myanmar,
including in confict afected areas such as Shan
state (the key source of drug production) and
increasingly Kachin and Chin states provide a
window of opportunity to efectively address opium,
heroin and ATS production in the country. Poppy-
growing areas are becoming more accessible to law
enforcement intervention, and there is high-level
pressure from the President to eliminate poppy
cultivation in advance of Myanmars self-imposed
deadline of 2014. Tese recent developments have
produced a new political and operational momentum
on drug control. However, international experience
clearly indicates that crop elimination eforts must
be accompanied by efective alternative development
strategies if the livelihoods (and human rights) of
poor farmers are to be protected, and the benefts are
to be sustained.
Implications for a response:
a. Alternative development and food assistance:
Te international community now needs to become
more actively engaged in supporting Myanmars
drug control eforts. Te international community
must show that it can become a reciprocal partner in
these drug control eforts by fnancially supporting
immediate food assistance needs for poppy farmers,
as well as investing in long-term alternative
development programmes in poppy-growing areas.
b. Law enforcement and precursor chemical
control: At the same time, parallel law enforcement
and prosecutorial eforts need to target the organizers
of criminal syndicates that control drug trafcking
from Myanmar into neighbouring countries,
particularly China, including the movement of
precursor chemicals for manufacturing ATS. It needs
to be remembered that Myanmar, the largest single
producer of heroin and methamphetamines in the
region, does not produce the precursors for those
illicit drugs. Unless resolute eforts are undertaken
in countries where most of these precursors are
sourced, an important element of the solution will be
missing. Te solution will thus require transnational
cooperation with neighbouring and regional law
enforcement agencies, especially China, India, Lao
PDR and Tailand.
c. Greater cross-border cooperation: UNODC
and other relevant international agencies can assist
in providing the forum, as well as relevant technical
assistance, for such cross-border dialogue and
cooperation.
15. KINGPIN STRATEGIES increase the
operational focus of law enforcement agencies
towards investigating and prosecuting the kingpins
of organized criminal groups
In tackling the drug problem, it is important to
devote increased attention, in general, to identifying,
arresting and prosecuting the kingpins of the drug
trade, including those state ofcials with whom they
collaborate.
Implications for a response:

a. Focus on kingpins and their accomplices:
Law enforcement agencies should be directed and
supported to allocate more resources to investigating
and prosecuting the kingpins of organized criminal
groups (including state ofcials) who are involved
in the illicit drug trade, as well as their white collar
accomplices (lawyers, IT specialists, trade experts,
accountants).
b. Focus on following the money, the proceeds
of crime and money laundering: Trough the use
of appropriate anti-money laundering legislation,
support should include an increased allocation of
resources and a narrowed focus on tracking and
confscating the proceeds of crime. Particularly where
state ofcials are involved, opportunities to prosecute
them through the use of anti-corruption legislation
and tools should also be more actively pursued.
DRUGS
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Key issues and implications for response
c. Empower frontline law enforcement agencies
with proper knowledge, skills and equipment:
In addition, frontline law enforcement ofcers and
prosecutors need access to the latest knowledge on
efective countermeasures. With respect to forensic
analysis, ofcers require better technical expertise
and equipment Specifc training is also required on
human rights principles and appropriate ways in
which to manage contact with people who are drug
users. Such training for frontline ofcers can be
efectively delivered through e-Learning techniques.
16. PROMOTE EVIDENCE-BASED DRUG
CONTROL AND LAW ENFORCEMENT
RESPONSES
Regional and national responses to illicit drugs must
be guided by empirical evidence.
Implications for a response:
a. Better data collected, shared and used:
Continued eforts are required by all concerned
parties to promote evidence-based responses and
strategy selection on how to best control the supply
of and demand for illicit drugs. Tis requires that
adequate resources are devoted to collecting and
sharing robust empirical data, that such information
is then actively shared and debated in public forums,
and that the data is appropriately used to inform
responses.
b. Prioritize both countering TOC/OC and
promoting public health: Governments need to
take a lead in developing innovate policies and
strategies that work in tackling the dual objectives
of countering organized crime and protecting public
health.
17. USE EVIDENCE-BASED PREVENTION
AND TREATMENT METHODS TO REDUCE
DEMAND
Comprehensive prevention programmes which
deliver credible, evidence-based messages to at-risk
youth on the dangers of drug use are not easy to
fnd in most countries. East Asia and the Pacifc is
no exception. Where programmes are in efect it is
often difcult to establish a clear causal relationship
between the programmes and a reduction in
initiation of drug use and consumption patterns or
levels. At the same time, there is solid evidence that
appropriate drug dependence treatment can reduce
the demand for illicit drugs. Tis is particularly
the case for opioids both by individuals and within
communities. Low cost, community-based treatment
where cases are managed properly and treatment
is tailored to the severity of addiction are the
most cost-efective. However, drug use prevention
and treatment approaches in the region are poorly
funded. Drug dependence treatment services are
often compulsory, under resourced and not accessible
to those who need immediate help. Tere is no
evidence that incarceration of drug users (either
through a judicial process or through compulsory
detention) is an efective measure in reducing drug
demand.
Implications for a response:
a. Adopt evidence-based communication and
prevention strategies: Drug use prevention strategies
should increasingly focus on the risk and protective
factors, which powerfully infuence an individual to
take or stay away from illicit drugs. In broader
society, efective demand reduction initiatives must
also be supported by community education and
evidence-informed drug prevention initiatives for all
sections of the public.
b. Focus on community-based treatment:
National authorities should adopt policies to
recognize people dependent on heroin, ATS and
other addictive substances as people sufering
from a chronic relapsing health disorder. National
authorities and international organizations should
promote approaches that prioritize community-
based treatment instead of compulsory detention.
Treatment should be accessible to all who are drug-
dependent.
c. Adopt diversion schemes: For those who
are dependent on drugs within national criminal
justice systems, national authorities should consider
treatment options that include diversion into
treatment schemes and treatment options for
incarcerated drug dependent individuals.
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18. REDUCE THE NEGATIVE HEALTH AND
SOCIAL CONSEQUENCES OF INJECTING
DRUG USE
Heroin users, but also increasingly users of ATS,
are at risk of contracting HIV and Hepatitis C
infections. Te risks associated with HIV and H
Hepatitis C transmission are particularly high in
closed settings, such as in prisons and compulsory
drug detention centres. Tere is substantial evidence
that specifc interventions aimed at reducing the
adverse consequences of drug abuse for people who
are unwilling or unable to stop using drugs are cost-
efective in lowering the transmission of HIV and
other blood-borne viruses among people who inject
drugs (and subsequently among their sexual and
injecting partners). Needle-syringe programmes,
opioid substitution treatment and anti-retroviral
treatment for those who are living with HIV are
particularly efective.
Implications for a response:
a. Improve quality and coverage of specifc
interventions aiming at reducing the adverse
consequences of drug abuse: National strategies and
policies should aim to expand access for people who
inject drugs to quality HIV prevention, treatment
and care services, such as needle and syringe
programmes and opioid substitution treatment.
Where such services remain at the pilot stage,
relevant national authorities should review laws
and policies that continue to hamper scaling-up in
order to overcome the current low service coverage
and to reach a critical proportion of people who
inject drugs, as recommended by WHO/UNODC/
UNAIDS.
b. Sensitize law enforcement ofcers to the
nature of drug dependence: Sensitization of law
enforcement ofcials, judges and public security to
drugs, HIV, harm reduction and human rights is a
critical cornerstone of the national HIV response.
c. Increase nationally-fnanced eforts for
HIV prevention: Commitment is also required in
terms of increasing national ownership of the HIV
response, including commitment to ensuring that
fnancial resources for HIV prevention are channeled
to high-impact interventions for key afected
populations, such as HIV prevention for people who
inject drugs and their sexual partners.
19. PROMOTING TRANS-NATIONAL
COOPERATION including an increased focus on
border control
Inter-agency coordination and regional cooperation
in relation to border control is essential. Tis is
due to growing sophistication of organized drug
syndicates in the region, especially those which
trafck heroin, ATS (and its precursors), and
cocaine. In addition, the operational capacity of
law enforcement ofcers working along the borders
remains constrained, in terms of both knowledge/
skills, efective communication systems and
operational resources.
Implications for a response:
Cooperation in the profling and sharing of
intelligence in relation to known intra-regional
and inter-regional drug syndicates and their
couriers requires ongoing improvement. In this
regard, enhanced information collection, storage,
analysis and exchange systems would help control
cross border movement of precursor chemicals.
Transnational crime of this nature requires a
sophisticated and coordinated transnational
response. Increased support for joint operations (as
well as capacity development support for border
management systems and staf skills) involves the
participation of counterparts in national agencies and
regional partners.
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Key issues and implications for response
WILDLIFE
20. RECOGNIZE THE ILLICIT WILDLIFE
TRADE AS A TOC PROBLEM
Te illegal wildlife trade is a high-proft, low-risk
transnational organized crime. Tere is a high level
of sophistication and proft, but there is a low risk of
arrest and prosecution for perpetrators. National law
enforcement has been inadequate to match the scale
of the problem.
Implications for a response:
In East Asia and the Pacifc, policy makers need to be
more informed about the mechanics, transnational
nature and diversity of wildlife crimes in the region,
delivering regional responses where necessary.
21. REDUCE THE DEMAND
Tere is a need to reduce the demand for wildlife
products, with special urgency for tiger and rhino
parts: Despite law enforcement eforts and seizures,
the demand for wildlife in East Asia continues to
grow.
Implications for a response:
Targeted interventions that raise consumer awareness
about the environmental impact of wildlife
consumption or the related criminal penalties are
needed in the main consumer countries of wildlife
products. Misconceptions about the curative qualities
of rhino and tiger parts should be urgently and
seriously addressed through partnership with the
media and private sector. Notorious wildlife markets
should be closely monitored. When there is evidence
of wildlife ofences being perpetrated, adequate
penalties should be applied.
ENVIRONMENT
22. KNOW THE PROBLEM BETTER
Tere is insufcient knowledge and information
sharing on the range of regional wildlife crimes
which are occurring. In comparison with other
transnational organized crimes, the illegal trade in
wildlife is a misunderstood and under-researched
phenomenon. In particular, the broad range of
diferent markets, trafcking routes and criminal
operations in relation to diferent types of wildlife
in the region are largely unknown, often due to
insufcient data.
Implications for a response:
National authorities and other appropriate
organizations should enhance their research and
information collection capacities in addition to
instituting more systematic coordination mechanisms
for information sharing and analysis on the diferent
forms of wildlife crime.
23. ESTABLISH (BETTER) NATIONAL
STRATEGIES
Tere are few national wildlife strategies in existence
to promote intelligence-led law enforcement and
coordinated investigation strategies. Many countries
in the region do not have a clear national strategy
for combating the trade in illegal wildlife, frequently
resulting in fragmented and under-resourced law
enforcement responses.
Implications for a response:
Te development of national strategies is essential to
scale-up the quality of the criminal justice response
to wildlife crimes. Te diverse range of illegal
wildlife trafcking requires efective intelligence-led
strategies. Border control at land, sea, and airports
should be strengthened through multi-agency
responses and/or specialized task forces. Access to
forensic and other innovative techniques is critical to
efectively investigate wildlife crimes, in addition to
inter-agency cooperation in areas such as anti-money
laundering measures and controlled deliveries.
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24. ENACT TOUGHER LAWS
Tere is a need to strengthen legal frameworks to
ensure prosecutions for wildlife crimes. National
legislation on wildlife crime, including the prescribed
criminal penalties, is often inadequate to support
efective prosecutions or efective deterrence to the
criminals involved.
Implications for a response:
It is important for Governments to enhance specifc
legislation to efectively prosecute wildlife crimes
with consistent penalties across source, transit and
consumer countries. As an example, national legal
frameworks could criminalize the poaching of,
and trade in highly endangered wildlife species.
Judicial actors should be closely involved in the
development of such legislation to ensure full
implementation of relevant laws in national justice
systems. In particular, this should involve prioritizing
prosecutions which target high-level criminal actors
controlling illicit international operations. Te
prosecution of wildlife crimes should also pay special
attention to investigating state ofcials who are
allegedly involved in the illegal trade in wildlife in
source, transit and destination countries.
25. BUILD NATIONAL LAW ENFORCEMENT
CAPACITY
Tere is a need to build the capacity of the criminal
justice system to prevent, prosecute and punish
wildlife ofences. While the role of non-governmental
organizations has been crucial in this area in recent
decades, the primary sphere of responsibility to
scale-up the response to wildlife crime needs to
remain with national enforcement institutions. Tese
include police forces, customs authorities and forest
administrations, which can mount credible and
efective national and regional strategies.
26. STRENGTHEN REGIONAL LAW
ENFORCEMENT COOPERATION
Enhanced transnational and inter-regional
cooperation among law enforcement agencies is
critical. Trafcking in wildlife is a transnational
organized crime. It requires an efective transnational
law enforcement response.
Implications for a response:
a. Better funding: National authorities and
appropriate groups should further improve intra-
regional coordination throughout East Asia and the
Pacifc. In Southeast Asia, mechanisms such as the
ASEAN Wildlife Enforcement Network (WEN)
need to be strengthened and made fnancially
sustainable through the support of its member states.
b. Better use of information-sharing potential:
Such mechanisms should become a tool to exchange
information and promote enforcement operations
at a multilateral level. Similar eforts should also
be undertaken to enhance legal cooperation with
regions beyond the ASEAN Countries, such as South
Asia, the Pacifc, the Middle-East, Southern and
Western Africa.
27. THE PACIFIC A THREAT IN THE
FUTURE
Te illegal exploitation of maritime resources in
the Pacifc is likely to increase. Te prospect of the
serious depletion or even the extinction of various
species of terrestrial and marine wildlife in Southeast
Asia may portend a shift in the sourcing of various
types of illegal wildlife trade towards the Pacifc
Island States and their maritime territories.
Implications for a response:
Given the anticipated threats to wildlife and
ecosystems in the Pacifc, inter-governmental
coordination to promote adequate legislation and
efective law enforcement in this region and on this
subject should become a priority in preventing the
proliferation of illegal wildlife crimes in the Pacifc
region.
TIMBER

28. RECOGNISE THE ILLEGAL TIMBER
TRADE AS A TOC PROBLEM
Te illegal timber trade exhibits all of the main
characteristics of a sophisticated and well organized
transnational crime. Given (a) the scale of the
problem, (b) the level of corruption, (c) the violence
associated with it, (d) the crossover between legality
and illegality, (e) the proft margins and (f ) the
social, economic and the environmental impact of
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Key issues and implications for response
the illegal trade itself, the problem requires an urgent
response at national and regional levels.
Implications for a response:
In East Asia and the Pacifc, policy makers should
become fully informed about the mechanics,
transnational nature and diversity of wildlife crimes
in the region. In particular, there is a need to provide
a broader range of resources and appropriate skill
sets to relevant law enforcement and environmental
agencies. Similarly, international organizations and
development partners in the region should reassess
their policies on combating timber crimes, with
a view to increasing the level of support to law
enforcement agencies in order to respond more
efectively.
29. REVIEW NATIONAL LAWS to empower
countries to tackle illicit timber trade as an
organized crime
National legislation in some countries is inadequate
to support the efective prosecution of timber-
related crimes. Source countries in the region need
to introduce legislation to prohibit the export of all
illegal timber and wood products.
Implications for a response:
a. Legal framework: Obsolete legal frameworks
should be revised with a view to (1) criminalize the
illegal timber trade, (2) simplify the adoption of the
laws and (3) provide adequate penalties. Tere is a
need to clarify legal frameworks so that prosecutors
can apply the correct law. Intelligence-led operations
should be conducted on the basis of efective
information sharing among all relevant enforcement
agencies of the criminal justice system.
b. Enforcement: In addition, any such new
legislation should empower enforcement agencies
to adopt modern investigative techniques (e.g.,
including wire tapping, anti-money laundering
measures, and controlled deliveries). Tis will permit
law enforcement to address the broader networks
behind the illegal trade of timber rather than simply
focusing as is currently the case on seizures and
arrests.
c. Reciprocal legislation: Regional bodies should
encourage cooperation with importing countries to
respond by enacting reciprocal legislation, which
prohibits the import of illegal wood products from
regional source countries.
30. IMPROVE BORDER CONTROLS
strengthen surveillance and control measures at
border points and along transport routes
Illegal timber, in the form of either logs or sawn
timber, is a bulky product and is difcult to
conceal. Nevertheless, without the adequate skills
and resources, frontline law enforcement ofcers
may have signifcant difculty in identifying illegal
timber.
Implications for a response:
Governments should support border authorities,
including customs, army and police, to strengthen
their capacities to interdict the transboundary (and
in-country) movements of illegal timber. Such eforts
should include the following:
a. Training: training activities (for instance on
the identifcation of fraudulent documentation and
suspicious shipments, as well as the collection of
evidence);
b. Intelligence: the sharing of intelligence related
to seizures and arrests; and
c. Inspection technology: improved technology to
inspect trucks/containers or to identify timber species
at port and land crossings.
31. BUILD NATIONAL LAW ENFORCEMENT
CAPACITY specifcally establish specialized and
independent Task Forces on the illegal timber trade
comprising representatives from Police, Customs,
Forestry Administration and Attorney-General
Implications for a response:
Te criminal justice response to the illegal timber
trade is often fragmented and there are few (efective)
high-level prosecutions. Countries in the region
should take concrete steps to develop National
Strategies to improve the capacity of their criminal
justice systems to investigate, detect and prosecute
all cases related to the illegal timber trade. Te
creation of specialized Task Forces would improve
coordination in the investigations phase as well as
efectiveness in conducting high-level prosecutions of
illegal timber cases.
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32. ENFORCE EXISTING SOURCE COUNTRY
LAWS BETTER- including anti-corruption laws
Recent attention given to the illegal trade in wood
products has resulted in signifcant policy changes
in some source countries in the region. For example,
Indonesia has actively undertaken eforts to curb
illegal production and trade in logs and sawn logs.
Nevertheless, there is signifcant scope in many
countries to better enforce existing legislation, as well
as enact new legislation that efectively prohibits the
export of illegal timber and wood products.
Implications for a response:
All source and processing countries should properly
enforce existing logging and timber export bans
through efective law enforcement, anti-corruption
initiatives and independent judicial action.
33. WITHIN LAW ENFORCEMENT, FOCUS
ON TRAINING FORESTRY OFFICIALS
Identifying illegal logging activities on the ground,
and then collecting appropriate evidence to feed
into often complex criminal investigations and
prosecutions requires appropriately trained and
supported frontline forestry enforcement ofcials.
Implications for a response:
Selected forestry ofcials should be taught specialist
skills so that the necessary evidence required to
support complex criminal investigations and
prosecutions is provided. Te evidence that can be
provided by these frontline ofcials is often critical
to the work of the aforementioned specialized Task
Forces.
34. PROMOTE SUSTAINABLE FOREST
MANAGEMENT as a crime prevention tool
To date, corrupt forestry ofcials have prevented
the development of sustainable forest management
for their own beneft. Evidence from elsewhere
demonstrates that well-regulated forests are harder to
plunder.
Implications for a response:
Te quality of forest management in the region can
be improved to prevent theft and illegalities in the
trade of wood and forest products.
35. MONITOR THE EFFECTIVENESS OF THE
CRIMINAL JUSTICE RESPONSE TO FOREST
CRIME
When monitoring the efectiveness of the criminal
justice response to illegal logging, it should be noted
that seizures of timber and number of arrests do not
necessarily provide an accurate measure of success in
protecting forests.
Implications for a response:
Indication of success should include the number
of complex investigations and prosecutions that
target sophisticated networks involved in the timber
trade. Nevertheless, at the same time, all institutions
of the criminal justice system should strengthen
their capacity to collect, manage and analyze basic
data in relations to seizures, arrests, perpetrators,
prosecutions and convictions for timber cases.
E-WASTE AND ODS
36. INCREASE AND COORDINATE LAW
ENFORCEMENT EFFORTS ON POLLUTANT
TRAFFICKING
East Asia is a hub for pollutant crimes related to
e-waste and ozone depleting substances (ODS). Te
illegal trade in e-waste and ODS is closely associated
with, or operates within, the international legal trade
in these products.
Implications for a response:
Law enforcement eforts should efectively target the
illegal trade while minimizing any disruption of the
legal trade. Tis will require increased specialized
training and improved inter-agency cooperation
- including between jurisdictions in order to
properly identify and respond to specifc forms of
pollutant trafcking.
37. INCREASE EFFECTIVE INVESTIGATION
AND PROSECUTION
Eforts have been undertaken to strengthen and
coordinate customs agencies in the region in
relation to pollutant crimes. However, investigation
agencies and national justice systems have not yet
implemented an efective prosecutorial response
to the transnational crime. In East Asia, there is
151
Key issues and implications for response
no public record of any prosecutions of trafckers
or companies engaged in the illegal trade of such
pollutants.
Implications for a response:
Te judicial deterrence delivered by successful
convictions would contribute to reducing the
likelihood of criminal network engagement with
the illegal trade in e-waste and ODS. At the very
least, judicial deterrence will disrupt the illegal trade.
Specialist investigation agencies and prosecutors
should be properly trained in relation to the nature
of this trade, particulary with regard to the relevant
criminal legislation and the skill sets needed to
properly investigate and prosecute pollutant crimes
within national jurisdictions. Transnational justice
responses to the crime will also be required in some
cases.
38. INCREASE JOINT TRANSNATIONAL LAW
ENFORCEMENT OPERATIONS
Until now, customs agencies in the region have
been the frontline response to trafcking in
pollutants and countering trafcking networks.
Coordination mechanisms and partnerships such
as the Green Customs Initiative, capacity building
and intelligence-sharing through the Multilateral
Environmental Agreements Regional Enforcement
Network have proved important in strengthening
the transnational response of customs agencies to
pollutant crimes. In addition, the Sky-Hole Patching
joint operation represents a good example of joint
law enforcement operations to combat trafcking in
pollutants by disrupting trafcking syndicates. As
a result of lessons learned, improved approaches to
setting up and undertaking joint operations are also
being established.
Implications for a response:
Policy makers in the region should undertake eforts
to raise awareness of the Sky-Hole Patching joint
operation experience across government agencies.
National governments, regional organizations and
international partners, including civil society, should
also develop strategies and practical approaches
to ensure that more national governments and
law enforcement agencies in the region actively
participate in joint operations. Operation Sky-
Hole Patching should be not only provided with
extended support but also broader participation by
governments.
39. IMPROVE RECYCLING
INFRASTRUCTURE AND TECHNOLOGY
TRANSFER
With continuing economic growth, particularly in
East Asia, the trade in e-waste and ODS is expected
to increase commensurately over the foreseeable
future. In particular, the volume of e-waste is
anticipated to increase in parallel with growth and
rapid innovation of consumer goods production in
the region.
Implications for a response:
Governments, agencies and international partners
need to ensure that safe and high standard
recycling infrastructure is available and accessible
in production countries, in order to reduce current
reliance on the un-regulated informal sector.
Furthermore, the more aggressive promotion of
new technology which is not reliant on HCFCs
would contribute to preventing the proliferation of
the illegal trade in ODS following phase-out that is
ofcially scheduled to commence in 2013.
40. DEVELOP OR STRENGTHEN POLICIES
AND REGULATIONS TO CONTROL TRADE IN
E-WASTE
In most countries in the region, regulations do not
exist or are not adequate to tackle the increasing
environmental and social challenges that are
associated with trade in e-waste. In addition, e-waste
is dealt with under hazardous waste regulations in
most countries. Tis limitation in policy response can
make recycling through the informal recycling sector
more attractive, and also fuel the transboundary
trade in e-waste both among neighboring countries
and across the planet.
Implications for a response:
Policy makers should prepare and implement
regulations targeting e-waste management within
each country. Tey should also monitor and control
trade in e-waste. Such regulations should include
approaches to the defnition of e-waste, as well as its
recovery, recycling and proper disposal.
152
1 C C 1 A L A
COUNTERFEIT GOODS
41. CREATE CONSUMER AWARENESS reduce
consumer demand
Addressing the level of consumer demand for
counterfeit goods is critical, particularly in developed
economies as this is where most of the TOC profts
from criminal counterfeiting are generated.
Implications for a response:
Consumers need to be better informed about the
social impact of counterfeiting particularly health
and safety concerns - and better understand the
linkages between counterfeiting and organized crime.
In addition, consumers should be better informed
about what constitutes a counterfeit product.
Given that Internet trafc from consumers seeking
counterfeit goods is increasingly prevalent, initiatives
to reduce online demand for counterfeit products
must be innovative and multi-faceted with the
involvement of various levels of government, private
industry and civil society.
42. INTRODUCE TECHNOLOGICAL
INNOVATION TO DISTINGUISH GENUINE
PRODUCTS
Many counterfeit products are difcult to identify as
counterfeit.
Implications for a response:
Technological innovations such as enhanced security
features and packaging features that allow consumers
to distinguish genuine articles from counterfeits
would contribute to eforts to contain counterfeiting.
Some electronic products now contain holographic
images and identifcation codes to guard against
counterfeits. Brand name prescription medication
manufacturers have started using radio frequency
identifcation (RFID) tags to track shipments.
Given the expected increase in online sales,
these innovations would be especially efective if
designed to target the online market of counterfeit
goods. Attention should also be given to the
sophistication of technological innovation exhibited
by counterfeiters and criminal networks in East Asia
in deciphering, reverse engineering and adaptation
to such innovative security features. Coordinated
eforts by governments, law enforcement and
private industry to devise and broadly introduce
technological solutions would contribute to reducing
consumer demand for some counterfeit goods (and
fraudulent medicines) and improve law enforcement
interception methods.
43. IMPROVE LAW ENFORCEMENT
RESPONSES TO ONLINE COUNTERFEIT
MARKETS
Authorities have been shutting down websites
that were selling counterfeit goods in recent years.
However, these counterfeit websites can easily be
rebranded or restarted in another jurisdiction.
Implications for a response:
Intensive monitoring and tracking websites will
require enhanced technical innovation as well as
cooperation between law enforcement and judicial
authorities across jurisdictions. Law enforcement
strategies need to be continually adapted to
efectively combat this rapidly changing and
innovative criminal enterprise.
44. STRENGTHEN IPR REGIMES AT THE
REGIONAL LEVEL and enforce anti-corruption
measures through law enforcement and prosecution
Intellectual Property Rights (IPR) regimes are
an efective weapon to combat counterfeiting.
However, in much of East Asia and the Pacifc, these
regimes are often weak, weakly enforced or both.
Protection to criminal counterfeiting networks and
the facilitation of product counterfeiting by corrupt
ofcials in East Asia undermines policy initiatives
and law enforcement eforts.
Implications for a response:
East Asian countries should consider strengthening
their IPR regimes as well as implementing broader
anti-counterfeiting measures through anti-corruption
and anti-organized crime initiatives. Regulations
GOODS
153
Key issues and implications for response
should be vigorously enforced by public ofcials
and police. Te linkages between corruption and
organized crime in counterfeiting operations in East
Asia should be formally assessed by governments
and other regional bodies. Strong eforts should
be made to bolster criminal investigations and the
prosecution of counterfeit production and related
corruption cases. Tis will represent an important
criminal justice deterrent to the current high levels of
counterfeiting in East and Southeast Asia.
45. ENHANCE PRODUCER-CONSUMER
COOPERATION ON A TRANS-REGIONAL
BASIS TO COMBAT COUNTERFEITING
Product counterfeiting is a transnational problem on
a massive scale.
Implications for a response:
All consumer and producing countries of counterfeit
products should sign the Anti-Counterfeiting
Trade Agreement (ACTA) to establish international
standards on intellectual property rights
enforcement. Te ACTA covers various aspects of
enforcement. Tese include criminal procedures,
judicial obligations and the authorization of
actions which border ofcials can take to prevent
counterfeiting and piracy. A number of countries
have signed, but other key countries, particularly
in East and Southeast Asia, should consider joining
this initiative. Broad support from countries for the
ACTA would establish a new international legal
framework that countries can join on a voluntary
basis, and would create its own governing body
outside existing international institutions such as the
World Trade Organization and the World Intellectual
Property Organization.
FRAUDULENT MEDICINES
46. IMPROVE CONTROLS THROUGH
LICENCING AND LAWS
Many patients in East Asia obtain their medication
from unlicensed vendors. Te impact can be deadly.
Implications for a response:
a. Licencing: Countries should work towards
robust and coordinated licensing system
for importers, wholesalers and retailers of
pharmaceuticals. A proper licensing system with
tracking and inspections (both random and targeted)
can help prevent fraudulent medicines from entering
various points of the distribution chain. Tis
will make it easier to detect and then sanction
unlicensed dealers which import or distribute
fraudulent medicines. By means of technical
and fnancial assistance, support for developing
East Asian countries could be facilitated through
twinning drug regulatory authorities in developed
countries with those in need.
b. Legislation: Laws are needed to govern safety
and quality standards for medicines. Tis will
help prevent the production and distribution of
substandard medicines. Laws can also be used to
identify a preapproved list of medicine importers,
wholesalers and retailers.
47. DEVELOP A COMMON UNDERSTANDING
AROUND THE DEFINITION OF
FRAUDULENT AND COUNTERFEIT
MEDICINE
Tere remains a lack of common agreement on the
defnition of fraudulent and counterfeit medicines.
Tis impedes the international community from
developing common policies and procedures to
combat fraudulent medicine trafckers, and also
prevents authorities from collecting data and
assessing trends. Ultimately, the lack of a common
defnition is afecting developing countries
worldwide, where access to a safe and afordable drug
supply is critical.
Implications for a response:
Te international community and the World Health
Organization should continue work to resolve the
long-standing issue of defnitions in relation to
what WHO currently refers to as spurious/falsely-
labelled/falsifed/counterfeit medicines.
48. PROMOTE INITIATIVES TO COUNTER
ONLINE SALES OF FRAUDULENT MEDICINE
Online sales of fraudulent medicines appear to be
growing.
154
1 C C 1 A L A
Implications for a response:
Fraudulent Internet pharmacies can be partially
combated through regulatory initiatives. Government
approved online logos can be issued to websites
that comply with safety and quality standards and
online drug sellers of controlled drugs can be forced
to link to a central government website. Ultimately,
public initiatives to regulate Internet pharmacies
will only work through enhanced cooperation
with private sector actors such as Internet Service
Providers. Voluntary programs can also be used to
accredit online pharmacies, such as through the
Verifed Internet Pharmacy Practice Sites (VIPPS)
accreditation program in the US, run through the
National Association of Boards of Pharmacy.
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