GROUPE D'EXPERTS A HAUT NIVEAU SUR LA CRIMINALITE
                        TRANSNATIONALE ORGANISEE

         SENIOR EXPERTS ON TRANSNATIONAL ORGANIZED CRIME

 Paris, April 12, 1996

                     P8* - Senior Experts Group Recommendations

          To combat Transnational Organized Crime efficiently
                    members recommend the following:

   1.States should review their laws governing criminal offences, jurisdiction, law enforcement
      powers and international cooperation, as well as their measures dealing with law enforcement
      training and crime prevention, to ensure that the special problems created by Transnational
      Organized Crime are effectively addressed.

   2.With the aim of improving mutual assistance, States should, as needed, develop mutual legal
      assistance arrangements or treaties, and exercise flexibility in the execution of requests for
      mutual assistance.

   3.States should, where feasible, render mutual assistance, notwithstanding the absence of dual
      criminality.

   4.States developing mutual assistance treaties should ensure that the treaties:

      a) provide a clear description of the scope of the assistance available,
      b) encourage a speedy process of assistance,
      c) are as comprehensive as possible in terms of types of assistance available and,
      d) reflect the principle that evidence will be gathered in the manner sought by the requesting
      states, unless the procedures are contrary to the fundamental principles of the law of the
      Requested State. To further facilitate cooperation against Transnational Organized Crime,
      States should consider negotiating arrangements in areas that are not covered by Mutual Legal
      Assistance Treaties.

   5.States should establish a Central Authority which would be structured to provide speedy
      coordination of requests. The Central Authority should provide a quality control and prioritizing
      function for both incoming and outgoing requests to take into account both the seriousness of
      the offence and the urgency of the request.

      At the same time, the Central Authority should not be seen as an exclusive channel for
      assistance between States. Direct exchange of information between law enforcement agencies
      should be encouraged to the extent permitted by domestic laws or arrangements.

   6.States should prepare and distribute to other States materials that would describe the channels
      of communication for mutual assistance and extradition and the process for obtaining such
      assistance from that State.

   7.In cases where a criminal activity occurs in several countries, States with jurisdiction should
      coordinate their prosecutions and the use of mutual assistance measures in a strategic manner
      so as to be more efficient in the fight against transnational criminal groups.

   8.States should be encouraged to develop, through treaties, arrangements and legislation, a
      network for extradition.

      States should modernise their extradition treaties by eliminating the lists of crimes and allowing
      for extradition of conduct punishable in both States by deprivation of liberty in excess of an
      agreed minimum period.

      States should make best efforts to ensure that their domestic arrangements for extradition are
      flexible enough to permit extradition to States of a different legal tradition. They should seek to
      identify and eliminate obstacles to extradition, including those that may arise from the
      differences between legal systems, by, for example, simplifying evidentiary and procedural
      requirements.

   9.States should ensure that their domestic arrangements for extradition are as effective and
      expeditious as possible.

      States should also consider the possibility of extradition without a treaty.

  10.If extradition of nationals is not permitted by the Requested State, and the extradition of one of
      its nationals is requested, the Requested State should:

        1.allow for conditional extradition on the condition that it is only for trial and that its
           national be promptly returned after trial to its territory for service of any sentence within
           the limits of the law of the Requested State, or

        2.allow for transfer/surrender, when it is permitted by domestic law, only for trail and on the
           condition that its national be promptly returned after trial to its territory for service of any
           sentence within the limits of the law of the Requested State, or

        3.apply the rule of "aut dedere, aut judicare" by, at the request of the Requesting State,
           submitting the case to its competent authorities in order that proceedings may be taken if
           they are considered appropriate.

  11.States should promote other techniques for mutual education that will facilitate mutual
      assistance and extradition, such as language training, secondments and exchanges between
      personnel in Central Authorities or between executing and requesting agencies.

      Training courses, joint seminars and information exchange sessions should be encouraged on a
      bilateral, regional and world wide basis.

  12.Consideration should also be given to posting in other States representatives of prosecuting
      agencies or of judicial authorities.

  13.States should provide effective protection for individuals who have given or agreed to give
      information or evidence, or who participate or who have agreed to participate in an
      investigation or prosecution of an offence, and of the relatives and associates of those
      individuals who require protection, because of risk to the security of the person.

  14.States should consider, as appropriate, reciprocal arrangements for the protection of witnesses
      and other endangered persons.

  15.States should consider adopting appropriate measures to ensure the protection of witnesses
      during criminal proceedings. These might include such methods as testifying by
      telecommunications or limiting the disclosure of the address and identifying particulars of
      witnesses. Consideration should be given to the temporary transfer as witnesses of persons in
      custody enlargement of the admissibility of written statements, and the use of modern
      technology, such as video links, to overcome some of the current difficulties with obtaining the
      testimony of witnesses located outside the prosecuting State.

  16.States should review their laws in order to ensure that abuses of modern technology that are
      deserving of criminal sanctions are criminalized and that problems with respect to jurisdiction,
      enforcement powers, investigation, training, crime prevention and international cooperation in
      respect of such abuses are effectively addressed. Liaison between law enforcement and
      prosecution personnel of different States should be improved, including the sharing of
      experience in addressing these problems. States should promote study in this area and
      negotiate arrangements and agreements to address the problem of technological crime and
      investigation.

  17.States should take all other lawful steps available under domestic legislation, to ensure that
      they do not provide safe havens for criminals.

  18.We commend the work does by Interpol and World Customs Organization calling upon these
      organizations to maintain and develop their support for operational activity, facilitating as rapid
      as possible as exchange of information between law enforcement agencies. We call upon them
      to focus on a strategic overview of the methods of, and trends in, Transnational Organized
      Crime for the benefit of all their member countries.

  19.In order to facilitate the work of law enforcement practitioners we will, on request, provide brief
      guides on our respective legal systems and on the mandates of relevant agencies.

  20.States should identify within their existing structures central contact points for the purpose of
      facilitating contact between their operational agencies. It may be useful to locate these points in
      liaison with the Interpol National Central Bureau.

  21.We stress the important contribution that liaison officers can make to the fight against
      Transnational Organized Crime. We encourage States to make the most effective use possible
      of their liaison officers in other countries and to consider additional postings. We stress the
      need for liaison officers to have access, in accordance with the law of the host country, to all
      agencies in that country with relevant responsibilities.

  22.We reiterate our condemnation of drug trafficking which is a major source of finance for
      Transnational Organized Criminal Groups. Therefore, we:

      reaffirm the importance of the three United Nations Conventions (1961, 1971 and 1988) which
      are fundamental to action against illicit drugs,
      call on all States to adopt and fully implement legislation in accordance with those conventions,

      believe in the value of giving the widest publicity to information issued by official international
      bodies, such as the International Narcotic Control Board, on illicit drug production, trafficking and
      the proceeds of the illicit drug trade.

      will work in all relevant fora to prevent the diversion of chemical precursors used in illicit drug
      production and take necessary steps to implement fully all relevant international agreements,

      welcome and support implementation of the recommendations of United Nations International
      Drug control Program working group on maritime cooperation.

  23.In order to ensure more effective transnational crime prevention, and foster public safety, we
      will develop strategies to identify and combat the illicit traffic in firearms. In furtherance of this
      goal, and in support of the specific recommendations contained in the May 1995 resolution from
      the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders
      and the July 1995 United Nationals Economic and Social Council resolution, we will, and
      encourage other States to, review existing firearms laws and regulations to facilitate discussion
      at an international level. We will promote information exchange among our relevant law
      enforcement authorities. We encourage States to enhance the exchange of information useful
      for law enforcement purposes (e.g., data for the identification of illicit firearms and specific
      information on tests conducted on firearms and ammunition which have been used in the course
      of criminal activities.).

  24.States should ensure that immigration services play their part in the fight against Transnational
      Organized Crime. We note the involvement of Transnational Organized Crime in alien smuggling
      and call upon all States to enact legislation to criminalize such smuggling of persons.
      Immigration services and other agencies should:

      exchange information on the transnational movement of organized criminals,

      have as full as possible an exchange of information on forged and stolen documents used by
      traffickers,

      consider the most effective means for its communication.

 We will take necessary steps to improve the quality of our travel documents. We encourage other
 States to improve theirs and will assist them to do so.

  25.We support the exchange of law enforcement expertise regarding scientific and technological
      developments such as advances in forensic sciences.

  26.We emphasize the relevance and effectiveness of techniques such as electronic surveillance,
      undercover operations and controlled deliveries. We call upon States to review domestic
      arrangements for those techniques and to facilitate international cooperation in these fields,
      taking full account of human rights implications. We encourage States to exchange experiences
      of their use.

  27.We emphasize the importance of giving the fullest possible protection to sensitive information
      received from other countries. The competent authorities of different States, should advise each
      other as to the requirements regarding the disclosure of information in the course of judicial and
      administrative proceedings, and discuss in advance potential difficulties arising from those
      requirements.A transmitting State may make conditions for the protection of sensitive
      information before deciding whether to transmit it. A receiving State must abide by the
      conditions agreed with the transmitting State.

  28.Building on current cooperative arrangements, the different agencies in our countries will
      develop their work together in specific law enforcement projects targeted on Transnational
      Organized Crime. We have formulated practical guidance on project-based action and commend
      this approach to all States. Project-based action involves bilateral multilateral priority setting,
      targeting, resourcing and assessment of law enforcement operations drawing on the strength
      of the full range of competent agencies.

  29.We welcome the Financial Action Task Force on Money Laundering to resolve to extend
      criminalization of money laundering to other serious offences.

  30.States should consider adopting legislative measures for the confiscation or seizure of illicit
      proceeds from drug trafficking and other serious offences, asset forfeiture, as required, and the
      availability of provisional arrangements, such as the freezing or seizing of assets, always with
      due respect for the interest of bona fide third parties. States should also consider the
      introduction of arrangements for the equitable sharing of such forfeited assets.

  31.States should consider implementing measures to detect and monitor the physical
      transportation of cash and bearer negotiable instruments at the border, subject to strict
      safeguards to ensure proper use of information and without impeding in any way the freedom of
      legitimate capital movements.

  32.States should adopt the necessary legislative and regulatory measures to combat corruption,
      establish standards of good governance and legitimate commercial and financial conduct, and
      develop cooperation mechanisms to curb corrupt practices.

  33.We agree to share information on practical anti-money laundering techniques and to draw on
      the experience gained to adapt and improve national and international training activities in this
      area, in conjunction with the action of the Financial Action Task Force on Money Laundering.

  34.In order to improve understanding and information on the detection of financial networks linked
      to transnational organized crime ( in particular investments by Transnational Organized Crime),
      we encourage States to take measures to gather financial information and , as much as
      possible, facilitate the exchange of such information, including exchanges between law
      enforcement agencies and regulatory bodies.

  35.We urge States to adhere to and fully implement existing relevant multilateral Conventions
      whose provisions effectively contribute to the fight against all forms of Transnational Organized
      Crime, in particular the Conventions concerning control of illicit drugs.

  36.We will keep under review the possibility of supplementing existing conventions and adopting
      new instruments, in response to developing needs in the fight against Transnational Organized
      Crime.

  37.We support and encourage the provision and reporting of clear and accessible information on
      adhesion to and implementation of the main conventions.

  38.In order to avoid wasteful duplication and to ensure that limited resources are used to best
      effect, we urge International Organisations to coordinate their work programmes and to
      concentrate their efforts within their areas of competence on activities of practical value to
      member States.

  39.We will work together in the governing bodies of International Organisations whenever
      possible, in order to give more coherent impetus and coordination to the fight against
      Transnational Organized Crime.

  40.We will seek to ensure that all International Organisations that play and effective role in the
      fight against Transnational Organized Crime have adequate resources to fulfill their mandate.
      We will also examine possibilities for providing appropriate financial resources for specific,
      practical and viable projects developed by competent International Organisations.
 

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