All Eyes on London

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Wildlife efficiencyefficiency inthe inthe cooling cooling sector. sector. illicit tradeandillicit tradeand improving improving energy energy greenhousegreenhouse gases,exposing gases,exposing related related toto refrigerant refrigerant eliminate powerful eliminate powerful climate changeclimate change by by campaigning campaigning Finally,Finally, wereduce wereduce the the impactof impactof whales, dolphinswhales, dolphins and and porpoises. porpoises. andand commercial commercial exploitation exploitation of of byby plastic plastic pollution, pollution, bycatch bycatch byby addressing addressing the the threats threats posed posed safeguardsafeguard globalglobal marinemarine ecosystems ecosystems cash cropscash crops like like palmoil.We palmoil.We work work to to illegal loggingillegal logging and and deforestation deforestation for for tigers, andtigers, and forest forest crimes crimes suchas suchas with afocusonelephantswith afocusonelephants and and expose transnationalwildlifeexpose transnationalwildlife crime, crime, Our undercoverOur undercover investigations investigations environmental crime and abuse. We investigate and campaign against ABOUT EIA 440569842. Registered in England and Wales Ltd. Company Number: 7752350VAT Number: inEnvironmental England and Investigation Wales Agency (UK) VAT Number: 440569842. Registered (UK) Ltd.Company Number: 7752350 Environmental Investigation Agency eia-global.org E: T: Washington DC20009USA PO Box 53343 EIA US eia-international.org E: T: London N10NY UK 62-63 UpperStreet, EIA UK [email protected] [email protected] +12024836621 +44(0)2073547960 Environmental Investigation Agency

©EIAimage ©EIAimage IWT BRIEFING IWT prosecutions seizeassets. and increase arrests, strengthen to need we wildlife trading from criminals To deter setback for criminals. amere often are wildlife illegal of seizures Above:

INCLUDING NON-GOVERNMENTAL ORGANISATIONS NON-GOVERNMENTAL INCLUDING ABROADER AUDIENCE, INCLUDE COULD THAT F. EVENTS FOR SIDE IDEAS WILDLIFE TRADED FOR ILLEGALLY MARKETS 3 -CLOSING THEME CONFERENCE: IWT 2018 LONDON FOR THE E: RECOMMENDATIONS COALITIONS 2 -BUILDING THEME CONFERENCE: IWT 2018 LONDON FOR THE D: RECOMMENDATIONS CRIME ORGANISED ASERIOUS AS 1 -TACKLING IWT THEME CONFERENCE: IWT 2018 LONDON FOR THE RECOMMENDATIONS C: FRAMEWORK DECLARATION IWT LONDON THE UNDER PROGRESS B: REVIEWING IWT ISCOMBATTING UK HOW THE DEMONSTRATE TO GOVERNMENT UK BY THE FOR NATIONAL BE ACTIONS TO ADOPTED RECOMMENDATIONS A: CONTENTS desired outcomes. for side-events in the run-up to and during conference; the IWT and of the Conference 2018London IWT under its three themes; suggestions Declaration framework;IWT recommendations for ensuring the success illegal wildlife trade;reviewing progress made so farunder the London adopted by the UKGovernment to demonstrate how the UKis combatting Please find herein EIA recommendations for national actions to be nature of wildlife crime. level commitment to real action to reverse the current high profit/low risk wildlife crime already exist butthere is stillanurgent need for rapid high- There isno more time to waste–the tools for turning the tide against as defined under UNTOC. legislation to tacklepoaching and wildlife trafficking asa “serious crime” At least15countries assessedby EIAalready have the requisite national Agreement Task Force (LATF). such asthe ASEANWildlife Enforcement Network and the Lusaka are members ofregional bodies dedicated to combatting wildlife crime INTERPO and the World Customs Organisation Several (WCO). countries Species of WildFauna and Flora (CITES). They are also members of (UNCAC) and the Convention on International Trade in Endangered Organised Crime (UNTOC), the UNConvention Against Corruption conferences, to are Parties the UNConvention Against Transnational including those in thathavethe 2014,2015and 2016IWT participated governments ( critical gaps inthe response of key source, transit and destination framework to combat wildlife crime already exists, butthere remain EIA analysisindicates thatthe basic legislation and institutional end. meaningful outcomes. We look forward to working with you towards this Illegal Wildlife Trade Conference (IWT) in 2018in London resulting in EIA welcomes the UK’s commitment to host asuccessful fourth Introduction EIA, 2016, Time for Action for Time ). For example, allkey countries, 3 10 9 8 6 6 4

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A: RECOMMENDATIONS FOR NATIONAL ACTIONS TO BE ADOPTED BY THE UK GOVERNMENT TO DEMONSTRATE HOW THE UK IS COMBATTING IWT

As the host country, it is critical that the UK adopts urgent actions to demonstrate, in good faith, its commitment to tackle • adopt measures to enable the wildlife crime by implementing the application of financial sanctions following: to disrupt the activities of criminal networks involved in transnational • enact relevant national legislation organised wildlife crime. A good before October 2018 to prohibit ivory example of such a measure is the trade; recent financial sanctions imposed by the US Government Department • provide sufficient funding for the of the Treasury Office of Foreign National Wildlife Crime Unit to Assets Control (OFAC) against the ensure its proper and effective Laos-based Zhao Wei transnational functioning in the long term; criminal organisation on a number • adopt sentencing guidelines for of grounds, including wildlife wildlife crime to raise awareness trafficking and trade EIA( (2015), Sin about the seriousness of such City: Illegal wildlife trade in Laos’ crimes and to secure consistent Special Economic Zone); and deterrent sentencing in wildlife • play an active role under the crime cases in the UK; Financial Action Task Force (FATF)

4 Environmental Investigation Agency framework to promote the effective Prevention and Criminal Justice implementation of legal, regulatory (CCPCJ) and the UN Crime Congress and operational measures for to ensure that wildlife and forest combatting money laundering crime continues to have a high associated with organised wildlife profile through monitoring the crime. This would include: implementation of the UN Economic and Social Council (ECOSOC) o encouraging the FATF-Asia Resolution 2013/40 on Crime Pacific Group (APG) to consider prevention and criminal justice actions to complement the responses to illicit trafficking in US OFAC sanctions against protected species of wild fauna and Zhao Wei’s network and other flora, particularly the ECOSOC’s organised wildlife crime recommendations for member networks in the region. This states to improve bilateral, sub- year the annual APG meeting is regional, regional and international scheduled to take place in July cooperation; in Nepal; • facilitate provision of support o ensuring that wildlife crime is from UNODC to key countries in addressed under existing FATF strengthening their criminal justice processes for national mutual response to wildlife and forest crime. evaluations and assessments. For example, countries which do For example, China is currently not have a case-tracking system in the process of going through can invite UNODC to tailor and set the mutual evaluation process up goCase as per that country’s to assess its implementation of criminal justice system, providing a FATF recommendations; case-tracking and management tool for investigators and prosecutors o HM Treasury (the UK Government’s lead on to improve the management international policy and accountability of criminal development on anti-money investigations and prosecutions; laundering) engaging NGOs • ensure that the UK Department for and other relevant stakeholders International Development (DFID) with a view to addressing anti-corruption strategies, funding wildlife crime under the FATF and support for strengthening framework; governance frameworks abroad • continue to provide funding under takes into consideration the critical the IWT Challenge Fund to sustain role of corruption in enabling wildlife and increase the capacity of and forest crime; organisations working to protect • post law enforcement officers in wildlife threatened by trade; UK embassies abroad to liaise with • continue to play a leadership role national law enforcement agencies Above: The UK’s leadership on wildlife and forest crime, has been critical in elevating to strengthen implementation of the profile of wildlife crime UNTOC and UNCAC and ensure particularly in countries which play abroad but action is still a key role in wildlife trafficking, required at home. they are better applied to combat transnational organised crime and including Laos, Vietnam, Thailand, Below: Laos’ Golden Triangle corruption associated with wildlife China, Myanmar, India, Nepal, Special Economic Zone Malaysia, Tanzania, Mozambique, is home to transnational and forest crime; organised criminals involved Nigeria, and Uganda; in wildlife trafficking. • continue to play a leadership • role at the Commission on Crime set a precedent as the first G8 member to apply the ICCWC Wildlife and Forest Crime Analytic Toolkit to identify gaps and obstacles to combatting wildlife and forest crime. department to publish a short guidance document describing the channels for law enforcement cooperation and process for submitting requests for mutual legal assistance. Guidance documents for mutual legal assistance have been published for example by Botswana and ©EIA/ENV Uganda.

IWT BRIEFING 5 B: REVIEWING PROGRESS UNDER THE LONDON IWT DECLARATION FRAMEWORK An independent assessment of progress made in is a good example of how these indicators can implementing the IWT commitments adopted in demonstrate progress made and help in identifying 2014, 2015 and 2016 can meaningfully inform the key gaps in the implementation of the IWT outcome of the 2018 London IWT Conference. commitments. Another example of the use of key indicators to assess progress made in tackling IWT EIA recommends that the UK request that is available in the template for the CITES Annual governments participating in the conference share Illegal Trade report which CITES Parties are required information on progress made in implementing the to submit by 31 October each year. In this regard, we commitments adopted at the previous three IWT recommend that the UK, in its engagement with conferences. governments attending the conference, confirms EIA strongly recommends the use of well-defined whether they have submitted CITES Annual Illegal and practical indicators as a uniform template for Trade Reports in 2017 and 2018. reporting back on progress. The ICCWC Indicator The progress report should be shared with the Framework for wildlife and forest crime is a tool UK as soon as possible, providing enough time to developed by professional bodies dealing with identify key challenges and adopt concrete steps organised crime and lends itself very well to use at the conference to address these. The UK could as a format for reporting back on progress made establish an independent body of law enforcement in implementing the IWT commitments. In 2016, and criminal justice experts to assist in this regard EIA used several indicators drawn from the ICCWC by providing feedback and recommendations on the framework to produce a report for the Hanoi IWT reports, taking into consideration additional relevant conference (EIA (2016), Time for Action). This report information as appropriate.

C: RECOMMENDATIONS FOR THE 2018 LONDON IWT CONFERENCE: THEME 1 - TACKLING IWT AS A SERIOUS ORGANISED CRIME

EIA welcomes the commitment of the UK to tackle IWT as a serious organised crime and a threat to security and • hosts a roundtable discussion of national anti- governance. corruption authorities, ICCWC partners and relevant civil society organisations to examine Reports published by EIA for each of the three past IWT the role of corruption in wildlife and forest crime conferences have already flagged several concerns and to identify practical measures and initiatives we hope will be addressed at the 2018 conference. to tackle corruption associated with such crimes; EIA urges the UK to take into consideration our comprehensive recommendations provided in the • urges specific countries to commit to taking reports EIA (2016), Time for Action; EIA (2015), High critical action including: Profit, Low Risk and EIA (2014), In Cold Blood. o following its landmark decision to close its EIA recommends that the UK: domestic ivory market, urge China to commit to closing its domestic legal market for other • invite high-level representation from key key species threatened by trade, including ministries and agencies responsible for tackling tigers and other Asian big cats (EIA (2017), organised crime to participate in the conference. Cultivating Demand – The Growing Threat This should include ministers and senior of Tiger Farms; EIA (2017), The Lion’s Share: personnel from relevant national ministries and South Africa’s trade exacerbates demand for enforcement agencies, including police, Customs/ tiger parts and derivatives) and pangolins revenue authorities, Home Ministry, Ministry of (EIA (2017), Illegal trade seizures: Pangolins); Justice, Ministry of Tourism, Environment and Wildlife;

6 Environmental Investigation Agency

©EIAimage o urges China, Laos, South Africa, Thailand • invites key governments to direct their and Vietnam to commit to phasing Financial Intelligence Units (FIUs) to collaborate out tiger farms as a matter of urgency; with counterparts to investigate and disrupt tiger farming and trade in captive tiger transnational organised wildlife crime networks; specimens stimulates demand for tigers for example, the FIUs of Laos, Hong Kong, China, and undermines enforcement against tiger Thailand and the US should collaborate to trade (EIA, 2017, Cultivating Demand – The dismantle the Zhao Wei network; Growing Threat of Tiger Farms); • invites governments attending the conference to o urges the EU and Japan to close their announce concrete steps towards strengthening domestic ivory markets, thereby joining bilateral/multilateral cooperation with key other countries which have already done so governments to tackle critical trade routes along or which are in the process of closing their the wildlife trafficking trade chain, particularly markets, including the UK, US, China and Tanzania-Mozambique-Uganda-Nigeria- Hong Kong (Joint NGO submission to EU Malaysia-Vietnam-China in relation to ivory and Commission (2017), EU Ivory Trade: The Need pangolin trafficking EIA,( 2017, The Shuidong For Stricter Measures; EIA, 2016, The Dirty Connection: Exposing the global hub of the illegal Secrets of Japan’s Illegal Ivory Trade); ivory trade; EIA, Illegal trade seizures: Elephant ivory; EIA, Illegal trade seizures: Pangolins), India- o urges South Africa to commit to ending Nepal-China in relation to the trans-Himalayan the legal export of lion bone and the illegal tiger and Asian big cat trafficking EIA,( Illegal export of lion and tiger parts. Exports of trade seizures: Tigers & Asian Big Cats) and lion bones, teeth and claws not only pose a Mexico-US-China in relation to totoaba trafficking threat to lions but also exacerbates demand (EIA, Illegal trade seizures: Totoaba). In this regard, for tigers and other big cats and undermines the UK could encourage key countries implicated enforcement efforts targeting illegal big in cross-border trafficking (for example, India- cat trade (EIA, 2017, The Lion’s Share: South Nepal-China) to invite the UNODC to establish Africa’s trade exacerbates demand for tiger Border Liaison Offices (BLO) to facilitate timely parts and derivatives); enforcement coordination across borders.

o urges Mexico to commit to enforcing a full • invites key governments to publish a short gillnet ban and address the corruption and guidance document describing the channels for criminal networks perpetuating the illegal law enforcement co-operation and the process for totoaba trade which is driving the vaquita submitting requests for mutual legal assistance; to extinction (EIA, 2017, Facing Extinction: for example, guidance documents on mutual legal Survival of the Vaquita Depends on assistance have been published by Botswana and Eliminating the Illegal Trade in Totoaba); Uganda. The UK could also consider providing • invites governments and donors attending the financial and technical support for these efforts; conference to announce a pledge of additional • invites governments which have not yet done funds and resources for effectively combatting so to sign up to the commitments adopted at the wildlife crime throughout the trade chain. This previous three IWT conferences. includes the application of intelligence-led enforcement, the creation of a national database on known and suspected wildlife criminals Below left: China continues to allow legal trade in pangolin scales, despite and the effective functioning of multi-agency the fact that pangolins are the world’s most trafficked mammals and China is the main destination. enforcement units and taskforces dedicated to tackling wildlife crime. Below right: Totoaba maws being offered to EIA investigators. These are highly valued in China and are driving vaquita to extinction.

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IWT BRIEFING 7 D: RECOMMENDATIONS FOR THE 2018 LONDON IWT CONFERENCE: THEME 2 - BUILDING COALITIONS

EIA appreciates the pro-active are not facilitating money laundering and engagement by the Department illicit financial flows associated with these for Environment, Food & Rural crimes. Invite ICCWC members and NGOs Affairs (DEFRA) and the Foreign & to participate in the task force. Commonwealth Office (FCO) with a wide range of stakeholders in the run-up to the We encourage the UK to engage the conference. In previous IWT conferences, tourism and travel industries (for example, there was limited opportunity for all airline companies and travel agencies) interested NGOs (including local civil and other relevant stakeholders to raise society organisations) and experts awareness about the lack of educational to provide feedback on the planned and conservation value of tiger farms outcomes of the conference. For the 2018 and to dissuade tourists from visiting conference, EIA strongly recommends such facilities. The FCO travel advisory Below: tourists, including that DEFRA and FCO share a draft agenda for countries with tiger farms such as those from the UK, should be encouraged not to of the format and planned outcomes for Thailand, Laos, South Africa, Vietnam visit so-called ‘tiger zoos’ the conference well in advance, to invite and China could also include relevant where they can touch animals; these places are feedback from key stakeholders who are information to raise concerns about such cover for illegal trade. actively involved in addressing wildlife facilities. crime. Bottom: casino in Laos’ Golden Triangle Special Economic Zone; financial In addition, EIA recommends that the UK investigations should be invites NGOs and other non-governmental used to seize the immense stakeholders to participate in the 2018 wealth and assets of wildlife criminals conference, as well as at related prior symposia and side-events and, further, live-streams the conference for the public to be able to view the proceedings and discussions.

We strongly urge the UK to play a leadership role in establishing working groups in key countries, modelled along the lines of the informal Working Group on Sustainable Development Goal 15.7 established in Laos (“15.7-WG”). The UK has played a key role in the 15.7-WG which, has in turn, motivated the Government of Laos to improve its efforts in tackling wildlife and forest crime. We recommend ©EIAimage / Banks that the 15.7-WG is provided adequate resources to continue its important work, particularly in light of the pivotal role Laos plays in wildlife and forest crime. We encourage the UK to facilitate ©EIAimage a roundtable discussion on phasing-out tiger farms in Laos, which would include inviting experts from the fields of animal welfare, veterinary science, sanctuary management and forensics as well as conservation NGOs.

We urge the UK to create a task force with the banking and financial services sectors (including fintech companies) to raise awareness about the serious, organised nature of wildlife and forest crime and conduct risk assessments to ensure they ©EIA / ENV

8 Environmental Investigation Agency E: RECOMMENDATIONS FOR THE 2018 LONDON IWT CONFERENCE: THEME 3 - CLOSING MARKETS FOR ILLEGALLY TRADED WILDLIFE

For those species which are significantly share information on the prosecution of threatened by illegal trade it is imperative offenders implicated in illegal wildlife ©Tigersintheforest.co.uk that both legal and illegal markets are trade in these markets (EIA, 2015, Sin closed expeditiously. Closure of parallel City: Illegal wildlife trade in Laos’ Special legal markets would, as a first step, require Economic Zone). the amendment of relevant laws and policies to prohibit trade in these species. In relation to markets for trade in big EIA strongly supports the closure of cat products, EIA remains concerned parallel legal markets for species which that there is inadequate investment in continue to face a serious threat due to behaviour-change campaigns to reduce trade in their parts and products. These the demand. Demand for big cat products species include elephants, pangolins, is wide-ranging – from use in traditional rhinos, tigers and other Asian big cats. medicine to use of bone, teeth, skins, Parallel legal markets for these species etc as luxury items (EIA, Big Cat Day undermine existing trade bans, confuse 2018). EIA encourages the UK to provide consumers, stimulate demand, thwart law financial and technical support to address enforcement and provide opportunities for such demand and to invite governments criminals and wealthy speculators who attending the conference to destroy are banking on extinction. As stated above stockpiles of big cat parts and products. under Theme 1, EIA recommends that the EIA recommends that the UK host a 2018 conference targets key countries/ roundtable on big cat trade to facilitate regions for the closure of parallel legal dialogue between NGOs, consumer markets for ivory, pangolins, tigers and behaviour change experts and relevant other Asian big cats. representatives of foreign embassies in the UK regarding demand drivers fuelling In relation to the closure of illegal markets, trade in tigers, leopards, snow leopards, EIA recommends this objective be clouded leopards, jaguars and lions. interpreted in a broad and comprehensive Below: Demand for tiger teeth manner to address: is such that criminals are even carving them from ivory to be sold on Facebook • the availability for sale of illegal wildlife on websites and through social media;

• prosecution of offenders involved in such illegal wildlife markets resulting in deterrent sentencing;

• ongoing monitoring of the impact of enforcement/closure of markets to prevent the emergence of new markets or channels of wildlife trade in other locations.

Specifically, EIA recommends that the UK supports the Government of Laos to investigate and prosecute the individuals and businesses involved in the illegal wildlife markets in the Golden Triangle Special Economic Zone (in northern Laos, bordering China) and Sanjiang in Vientiane. EIA recommends that the UK and the governments of Laos and China

IWT BRIEFING ©EIAimage 9 F. IDEAS FOR SIDE EVENTS THAT COULD INCLUDE A BROADER AUDIENCE, INCLUDING NON-GOVERNMENTAL ORGANISATIONS

EIA recommends the following themes for seizure of proceeds of crime) events or side events in the run-up to or which is commensurate with during the 2018 conference: the criminality associated with wildlife crime. The International • Voices from the frontline: EIA Association of Prosecutors and the successfully hosted an event titled Commonwealth Magistrates and “Voices from the frontline” during Judges Association could be invited the May 2017 session of the CCPCJ to participate; in Vienna. We invited speakers from enforcement agencies in Africa, • Screening EIA enforcement training Asia and Europe to discuss specific modules: EIA has produced an cases in which they were involved enforcement guide on tackling relating to disrupting translational illegal ivory trade, comprising an organised wildlife crime syndicates. overview film and 17 short modules We strongly encourage the UK to focused on specialist topics ranging consider hosting a similar event from anti-poaching and crime scene which could demonstrate the management to securing deterrent challenges and best practice in sentencing in wildlife crime tackling wildlife crime and at the cases. We would be happy to share same time provide an opportunity access details for the guide and to for key enforcement officials to collaborate with you to arrange a engage with their counterparts from screening of the training film or other countries. EIA would be happy any of the modules for a closed to recommend speakers for such an screening for governments and event; IGOs. In addition, we are in touch with a number of practitioners/ Below: ivory traffickers are • Financial investigations: Invite attracted by the high profits enforcement personnel through and low risks of this business. representatives of FIUs of all this project and can introduce you if Financial investigations are participating countries to a required; needed to reverse this so that roundtable discussion and the assets and proceeds of wildlife criminals are seized. exchange of views on best practice • Big cat film screening: The UN in increasing the use of financial World Wildlife Day theme for 2018 investigations in addressing wildlife was Big cats: predators under crime. A representative from the threat. We encourage the UK to FATF Secretariat or from UK HM consider hosting a screening of Treasury, which represents the UK the International Big Cat Film in FATF, could be invited to chair the festival winners in the lead-up to discussion; the conference to increase public awareness of the threats posed • Securing deterrent sentencing to big cats. EIA would be happy to in prosecution and facilitating assist in organising such an event public access to court records: in partnership with the UK and Invite prosecutors, members of Jackson Hole Wildlife Film Festival the judiciary and relevant NGOs to organisers. discuss best practice in securing deterrent sentencing (including