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The Cost of Environmental Crime: Illegal Logging

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The Cost of Environmental Crime: Illegal Logging REUTERS/Darren Whiteside THE COST OF ENVIRONMENTAL CRIME: ILLEGAL LOGGING By Brian Huerbsch The views and opinions expressed in this paper are those of the author and do not necessarily reflect the official policy or position of Thomson Reuters. The Cost of Environmental Crime: Illegal Logging 2 TABLE OF CONTENTS EXECUTIVE SUMMARY 3 THE CURRENT SITUATION 4 LINKS TO FINANCING ORGANIZED CRIME AND TERRORISM 5 THE ENVIRONMENTAL AND HUMAN COST 6 CASE STUDY 1 – LARGE U.S. TIMBER IMPORTER AND THE LACEY ACT 7 CASE STUDY 2 – A TALE OF CORRUPTION AND ENVIRONMENTAL DESTRUCTION: POTENTATES AND MALAYSIAN TIMBER GIANTS 8 CASE STUDY 3 – A MULTINATIONAL BANK AND PEP INVOLVEMENT 8 RED FLAGS AND YOUR SUPPLY CHAIN 9 CONCLUSION 10 HOW THOMSON REUTERS CAN HELP 11 REFERENCES 12 Image 1 (On the cover): Police tape is seen on land recently burned and newly planted with palm trees and now under police investigation west of Palangkaraya, Central Kalimantan, Indonesia. The Cost of Environmental Crime: Illegal Logging 3 EXECUTIVE SUMMARY Illegal logging poses real and significant regulatory risk for international financial institutions and corporations, especially those connected, either directly or indirectly, with the global timber industry, or that operate in areas where the industry is prevalent and important to the local economy. Considering the notable increase in regulatory activity over the past decade, the amount of enforcement actions given, and the ballooning size of fines over the past several years, it is clear that illegal logging is a crime that cannot be ignored anymore. Fortunately, this risk can be mitigated properly if strong third-party risk and know your customer (KYC) processes are in place, including enhanced due diligence (EDD) and anti-money laundering (AML) protocols.1 The Cost of Environmental Crime: Illegal Logging 4 THE CURRENT SITUATION Illegal logging is the most lucrative environmental crime and one of the most profitable organized criminal activities, alongside Environmental crime: a growing sector narcotics trafficking, counterfeiting and human trafficking. It Illegal logging accounts for more illicit proceeds than illegal, unreported and Drugs and trafficking unregulated fishing (IUU), and wildlife trafficking (Figure 1).2 This can be seen in a series of recent prosecutions by law enforcers and regulators around the world, which highlights the scale of the problem. In 2010, the Council of Ethics of the Norwegian Ministry of Finance blacklisted Malaysia’s largest timber companies 200 100 for corruption, bribery, illegal logging, severe and irreversible environmental damage, and human rights abuses.3 Two years later, Swiss prosecutors initiated a money-laundering investigation into one of Switzerland’s largest global financial services companies for its relationship with Malaysia’s Chief Minister of Sabah, a 50 E-crimes state in Borneo (Figure 2), and his alleged proceeds from illegal Illegal logging.4 The spotlight on Malaysia has continued because, shortly fishing 30 after, one of the largest publically traded banks in the world was accused of financing Malaysia’s top timber companies, which in 23 Wildlife turn were contributing to the unsustainable logging and massive trafficking deforestation that has taken place in Borneo.5 Using real life case Illegal 20 studies, this white paper will examine the growing problem of trafficking of 12 Illegal trafficking illegal logging and what red flags organizations need to look out light weapons of toxic wastes for to prevent tainted timber from entering their supply chains. Figure 1: Annual revenue from organized crime in billions (sources: TRAFIC; FAO; UNODC; Global Financial Integrity) BRUNEI Sabah Illegal logging is the harvesting, “transporting, processing, buying MALAYSIA or selling of timber in violation of Sarawak national laws. It also applies to harvesting wood from protected Borneo areas, exporting threatened plant/ tree species, and falsifying INDONESIA official documents. WORLD WILDLIFE FUND ” Figure 2: Map of Borneo. The island of Borneo is home to the Malaysian states of Sarawak and Sabah, and is considered one of the planet’s most important biodiversity hotspots. It is also home to several national parks that are United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage sites.6 However, illegal logging has long been a problem in Malaysia, and Chatham House research in 2010 estimated that illegal logging accounted for between 14% and 25% of production and organizations need to be aware of these risks.7 The Cost of Environmental Crime: Illegal Logging 5 LINKS TO FINANCING ORGANIZED CRIME AND TERRORISM Illegal logging generates revenues of US$30-100 billion a year, trade and the global timber industry, and even counterterrorist and constitutes an astonishing 10-30% of the global wood trade, financing regulations. rising to as much as 50-90% within key tropical timber-producing 8 Until recently, strategic policy approaches by governments and countries. Due to illegal logging being low-risk and high-gain, organizations for fighting illegal logging have been almost entirely organized criminal groups have established themselves around it based on the creation of certification schemes aimed at good throughout the Russian Far East and across the tropical timber- forestry practices and standards, and curbing the entry of illegal producing nations, especially in Southeast Asia, West and Central timber into markets. These programs aim to bring stakeholders Africa, and the Amazonian region of South America. together and create incentives for legal exports and sustainable Terrorist groups are also known to engage in illegal logging, forestry management. The Convention on International Trade reaping huge dividends in the process.9 The Taliban and Al- in Endangered Species of Wild Fauna and Flora (CITES); the Shabaab have used illegal logging to finance their activities, European Union Forest Law Enforcement, Governance and Trade including attacks by the Taliban on U.S. troops in Afghanistan.10 (FLEGT); and the independent NGO Forest Stewardship Council Because of this, illegal logging has garnered increasing amounts of (FSC) are well-known and advocated forest certification schemes. attention from the media, international organizations, regulators, However, recent studies suggest they have not been as effective and both national and international law enforcement groups. in curbing deforestation and illegal logging as is widely believed.11 Consequently, although corporations with extensive and complex This is most likely due to common issues that plague the industry, supply-chain networks may not know it, they may be exposed to such as corruption, timber laundering and poor enforcement of risk created by the significant overlap between the illegal logging policies. Image 2: Certified timber dock at the port of Gresik in East Java province. Port officials said REUTERS/Sigit Pamungkas that in the wake of a crackdown on illegal logging, there has been a 60% drop in the number of ships carrying wood from Borneo and Sumatra islands, the source of much of Indonesia’s precious timber. The Cost of Environmental Crime: Illegal Logging 6 THE ENVIRONMENTAL AND HUMAN COST Environmental cost contributor to climate change, irreplaceable loss in biodiversity, and the exponential rate of extinction of the world’s most iconic The damaging effects of illegal logging go far beyond the species. The incredible scale of this problem for the natural world enrichment of organized criminal groups and terrorist financing. It becomes clear in one damning statistic: is directly responsible for causing great harm to our natural world and already fragile ecosystems, including large-scale deforestation and the destruction of tropical rainforests by illegal fires, which is responsible for 17% of all man-made emissions. This is 50% Currently only 10% of the world’s primary more emissions than all ships, aviation and land transportation forest cover remains. combined.12 Deforestation has been identified as a significant Image 3: An aerial view of a cleared forest area under development for palm oil plantations in the REUTERS/Crack Palinggi Kapuas Hulu district of Indonesia’s West Kalimantan province. Human life cost Terrible examples of the dangers faced by local communities abound. One such case occurred in 2011 when, shortly after giving The destruction done to our common natural heritage is only half a TEDx talk on illegal logging, José Cláudio Ribeiro da Silva and the picture though, as this illicit trade is also to blame for a litany his wife Maria were murdered by assassins in Brazil for simply of societal wrongdoing and harm globally. It is responsible for condemning the invasion of loggers into the forest reserve where extensive human rights abuses, including the frequent killing of they lived. Equally appalling is the case of Hen Chantha, a 14-year- environmental and human rights activists, and massive tax fraud old girl who was shot and killed by Cambodian military police that that deprives local and national governments of much-needed were in the process of evicting her village to make room for a palm funds.13 This damage is illustrated by the continuous daily violence oil plantation.15 These plantations frequently replace areas that meted out to environmental activists fighting the illegal logging have been deforested for timber, with the end product – palm oil – trade. According to Global Witness, more than three people were then being processed into an incredible
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