European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)

Availability remains high across the main drugs used in Europe, evidenced by the large and in some cases increasing quantities that continue to be seized in the European Union. In addition, the market for illicit drugs is characterised by the diversification of consumer products and the widespread availability of a broader range of drugs, including new psychoactive substances, often of high potency or purity. Specialised equipment may be required to meet the detection and monitoring challenges posed by this diversification.

The recent emergence of highly potent opioids, particularly benzimidazoles (nitazenes), poses a particularly complex threat to public health due to their increased risk of life-threatening poisoning. The potential emergence of new patterns of consumption in Europe is also a key threat, due to the availability of cheap and highly potent or pure drugs. This is particularly the case for cocaine, which has seen unprecedented levels of availability

European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), 2024. 39p.

By A&A Multiprime

As part of our commitment to contribute to loss prevention in Colombia and across the region, our team regularly engages in meetings with representatives of the Colombian Highest Maritime Authority (DIMAR) and the officers in charge of anti-narcotic policies in the ports. We gather updated informa tion about new practices and precautions to be aware of, as well as relevant recommendations and measures to adopt while visiting any of our ports. This ongoing engagement has culminated in our 2024 report, which reflects the latest insights and strategies in combating the challenges faced by the maritime industry

Recent events highlight the ongoing challenges in countering cocaine trafficking. For example, on February 8, 2024, British authorities announced a historic seizure of over 12,500 pounds of cocaine concealed in a banana shipment from the Port of Turbo, Colombia, to Southampton. This incident, marking the largest single drug seizure in UK history, emphasizes the advanced techniques used by cartels to transport substantial drug quantities into Europe and the UK, thereby confirming the global impact of Colombian narcotics. This report results from our efforts and experience over the last years, successfully assisting in several drug smuggling-related incidents and administrative investigations for breaches of shipping regulations, including the ISPS Code. We trust that this report will serve as a valuable resource for all P&I Clubs, their Members, the Masters and crews, and, in general, the entire marine industry with an interest in Colombian ports to mitigate incidents associated with drug smuggling activities

Bogota: A&A Multiprime. 2024. 18p.

By Colleen King

In December 2023, the United States Coast Guard (USCG) offloaded approximately 18,219 pounds of cocaine from the USCG Cutter Waesche. The estimated street value of the cocaine was more than $239 million. The offload occurred as a result of six separate maritime interdictions, performed by separate cutters, taking place over a 17-day period off the coasts of Mexico and Central and South America. The interdictions were performed as part of the USCG’s counternarcotics mission. While interdictions of this size may seem out of the ordinary, the USCG routinely interdicts a variety of vessels, including Go-Fast Vessels and semi submersibles, with massive amounts of drugs (usually cocaine), moving from the Pacific and Caribbean coasts of South America northward to Mexico, the Caribbean, and eventually the United States. One can imagine that prosecuting interdictions like these may raise a variety of questions: could the United States assert jurisdiction over the suspected traffickers; would the maritime location of the interdiction matter; and would it make a difference if the ship carrying the contraband was flagged—registered—by another country? What about the transit time to a U.S. court for an initial appearance where the interdiction occurred over a thousand miles from the United States? The dizzying array of issues confronting a federal prosecutor following a high seas interdiction may not be typical of land-based legal challenges. Fortunately, a body of both federal law and international authorities is instructive on these questions. The Maritime Drug Law Enforcement Act (MDLEA) is the United States’ principal statute addressing high seas drug trafficking and has supported thousands of prosecutions for decades. The MDLEA, as it re lates to controlled substances,5 prohibits the distribution, manufacture, or possession with intent to distribute or manufacture, controlled sub stances aboard a “covered vessel.” Its prohibitions apply “outside the territorial jurisdiction of the United States,” and include both attempt and conspiracy liability. And, where an interdiction occurs outside of the United States, venue may be appropriate in your district. This article is intended to serve as an MDLEA primer. It will provide a brief his tory of the MDLEA, identify the MDLEA’s core definitional provisions, discuss its key criminal prohibition, detail its jurisdiction and venue pro vision, describe the MDLEA’s position on the use of international law as a defense, and finally, address its sentencing provisions.

March 2024 DOJ Journal of Federal Law and Practice

David H. Ucko, Thomas A. Marks

Organized crime both preys upon and caters to human need. It is corrosive and exploitative, but also empowering, and therefore pervasive. Indeed, though often out of sight, organized crime is everywhere: wherever governments draw the line, criminal actors find profitable ways of crossing it; wherever governments fail to deliver on human need, criminal actors capitalize on unmet desire or despair. For those excluded from the political economy, from patronage systems or elite bargains, organized crime can offer opportunity, possibly also protection.

PRISM, Vol. 10, No. 3 (2023), pp. 92-117 (26 pages)

By David H. Ucko and Thomas A. Marks

Organised crime is not going well. According to the 2021 Global Organized Crime index, ‘the global illicit economy simply continue[s] along the upward trajectory it has followed over the past 20 years, posing an ever-increasing threat to security, development and justice – the pillars of democracy’ (Global Initiative, 2021, p. 8). Wherever governments seek to draw the line, criminal actors find profitable ways of crossing it; wherever governments fail to deliver on human need, criminal actors capitalise on citizens’ desire or despair. As of now, more than three-quarters of the world’s population ‘live in countries with high levels of criminality, and in countries with low resilience to organized crime’ (Global Initiative, 2021, p. 12). On aggregate, the associated activity amounts to an illicit form of governance, furnishing alternative services to a wide range of clients, be they the vulnerable and weak or a covetous elite. The breadth of organised crime, its clandestine nature, and its blending of creative and destructive effects make it difficult to counter. In past SOC ACE research, we argued that the response to organised crime often shares certain pitfalls with counterterrorism, at least since 9/11 (Ucko & Marks, 2022c). Both efforts have been stymied by 1) conceptual uncertainty of the problem at hand; 2) an urge to address the scourge head on (be it violence or crime), without acknowledging its socioeconomic-political context; and, therefore, 3) unquestioned pursuit of strategies that miss the point, whose progress is difficult to measure, and which may even be counterproductive. This convergence is based on the common features of the two phenomena, which are both concerned with i) collective actors, who ii) use violence and coercion among other methods; and who have iii) corrupting, or outright destructive effects on society. Though organised crime is not consciously political in its ideological motivation, it is – like terrorism – deeply political in its origins, activities, and effects. Given the conceptual overlap, and the common pathologies that undermine response, the lessons from countering terrorism are relevant also to the countering of organised crime. Focusing on the concept of ‘irregular warfare’, our past research identified six key lessons, touching upon 1) the socio-political embeddedness of the problem, 2) the tendency to militarise the response, 3) the mirror-imaging of state assistance programmes, 4) the invaluable role of community mobilisation, 5) the dearth of strategy, and 6) the need to engage more closely with questions of political will. As argued elsewhere, these challenges point to a need for greater strategic competence both in assessing the problem of organised crime and in designing a response (Ucko & Marks, 2022c).

To generate this strategic competence, this follow-on report sets out an analytical toolkit to assist planners and policymakers with the crafting of strategy. This ‘Framework of Analysis and Action’ builds upon lessons – negative and positive – learned via years of experience with irregular warfare, defined by the Department of Defense as ‘a violent struggle among state and non-state actors for legitimacy and influence over the relevant population(s)’ (U.S. Department of Defense, 2007, p. 1).1 It is a framework that finds its origins within the U.S. National Defense University’s College of International Security Affairs (CISA), where for two decades it has been used to teach strategic planning for complex and intensely political challenges (Ucko & Marks, 2022a). The framework consists of two parts: the Strategic Estimate of the Situation (which maps the problem, explores its drivers, frames, and methods, and critiques the current response) and the Course of Action (which uses the strategic estimate to design an appropriate strategy, guided by a theory of success). The framework is in this report adapted for organised crime, to enable the mapping of relevant actors and the crafting, thereby, of a viable response. By design, the framework responds to the six key lessons identified in our earlier work. This report goes through the framework and explains its adaptation to organised crime. Appendix A provides a summation of the toolkit, a ‘user’s guide’, that will facilitate application of the framework. Testing to date suggests great potential and we look forward to sustaining a dialogue with those engaged with countering organised crime to further evolve this toolkit. Indeed, since the beginning, this framework has been a living product, enriched by theoretical application in the classroom and practical use in the field.

SOC ACE Research Paper No. 19. Birmingham, UK: University of Birmingham, 2023. 45p.

By Global Initiative Against Transnational Organized Crime’s Observatory of Illicit Economies in South Eastern Europe.

In this issue, we focus on three cases where criminal groups from the region have been active in recent years: the Netherlands, Ecuador and parts of Africa.

These examples illustrate the growing involvement of Balkan criminal groups in some of the world’s hotspots for illicit activity. Research for these articles is facilitated by the Global Initiative’s network of contacts with local investigative journalists, as well as close cooperation between regional observatories of illicit economies, namely South Eastern Europe, West Africa and Latin America.

As part of the GI-TOC’s analysis of the risks of firearms trafficking from Ukraine, in this issue we show that the Western Balkans remain the main source of illegal weapons in Europe. At present, weapons are still cheap and plentiful in the region, and stockpiles have been augmented by inflows from Turkey via Bulgaria, particularly of gas and alarm guns. More on this topic can be found in a forthcoming GI-TOC report on trends in arms trafficking from the Ukraine conflict.

In this issue, we also report on a major crackdown by Serbian authorities in late 2023 on increasingly violent smugglers operating along the border between Serbia and Hungary, and examine how this has displaced migration flows towards Bosnia and Herzegovina.

Risk Bulletin No. 18. Geneva, SWIT: Global Initiative Against Transnational Organized Crime, 2024. 25p.

By InfoAmazonia, Armando.Info and La Liga Contra el Silencio), Amazon Watch and the Global Initiative Against Transnational Organized Crime (GI-TOC).

The Amazon, the world’s largest rainforest, covering some 7 million square kilometres and linking nine countries, has become one of the main sources and transit points for criminal economies in Latin America. From shipments of cocaine, gold and timber moving down its hundreds of rivers, to the makeshift airstrips that facilitate the nightly movement of small contraband planes, the Amazon is now home to a complex underground economy that feeds growing global demand but also fuels violence and deforestation. The unchecked actions of increasingly powerful criminal organizations pose an existential threat to the planet’s most biodiverse region and the communities it shelters. Over the past decade, the Amazon has become one of the most dangerous regions in Latin America, with marginalized communities bearing the brunt of the violence. In Brazil, for example, indigenous communities have been systematically subjected to violent invasions by armed garimpeiros (miners), while in Colombia’s nine Amazon departments, where 43 massacres have been documented since 2020, non-state armed groups terrorize rural communities. In Peru, drug traffickers are increasingly recruiting indigenous children to work on coca plantations, and guerrilla groups are sending entire families to work in illegal gold mines in Venezuela. In 2022, one in five killings of land and environmental defenders worldwide occurred in the Amazon.As demand for illicit goods, particularly cocaine, has risen to historically high levels and the price of gold has increased dramatically since the early 2000s, so have criminal opportunities.4 This, combined with a low state presence, high levels of corruption, decades of faltering security strategies and a lack of coordination between states, has created the perfect environment for some of Latin America’s most prolific criminal groups to reorganize and take over. The reshuffling of the local criminal ecosystem – which includes Colombian guerrilla groups, Brazilian gangs, Peruvian criminal groups (including drug and human traffickers) and Venezuelan crime syndicates – has resulted in some groups being wiped off the map, leaving room for others to emerge or expand. Through field research and data analysis, Amazon Underworld found that non-state armed groups or crime syndicates are active in 70 per cent of the municipalities investigated in Bolivia, Brazil, Colombia, Ecuador, Peru and Venezuela (see the methodology section below), and that all of the Amazon’s borders have at least one armed actor on one side of the divide.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime.2023. 40p.