Wildlife Trafficking: International Law Enforcement Responses

Wildlife Trafficking: International Law Enforcement Responses

July 27, 2020
Wildlife Trafficking: International Law Enforcement Responses
Congress has sought to implement law enforcement
identifies countries with significant levels of wildlife
approaches to wildlife trafficking by appropriating funds
trafficking. In 2017, President Trump issued E.O. 13773,
for and conducting oversight of relevant foreign aid
which called for the dismantling of groups involved in
programs and for U.S. and foreign law enforcement
transnational crime, including wildlife trafficking, and
capabilities. U.S. policy tools to target wildlife traffickers
required quarterly reports on related convictions.
include measures to increase dedicated law enforcement
personnel, provide equipment and trainings to foreign
Selected U.S. Agency Roles
countries, designate traffickers as ineligible for U.S. entry,
The Department of State leads U.S. efforts to support
freeze traffickers’ assets, and offer financial rewards for
international actions to combat wildlife trafficking. The
information leading to their arrest. Debates exist regarding
Bureau of International Narcotics and Law Enforcement
the efficacy of law enforcement approaches, the appropriate
(INL) in particular focuses on supporting foreign countries’
number of law enforcement officials, and the extent to
anti-trafficking legislation, investigative and prosecutorial
which individuals at different levels of trafficking
capacity, and regional cooperation. INL administers funds
operations are targeted by law enforcement.
for foreign aid programs, which are implemented by
nongovernmental organizations (NGOs) and other third
Background
parties, and manages five International Law Enforcement
Wildlife trafficking (i.e., illegal transactions of wildlife),
Academies, which include anti-wildlife trafficking trainings
holds potentially significant implications for U.S. efforts to
conducted by U.S. Fish and Wildlife Service (FWS)
address conservation and the rule of law. Conservative
personnel. In 2013, Congress passed legislation that
estimates of the value of the trade in endangered species
expanded a State Department rewards program to include
alone vary from $7 billion to over $20 billion annually. The
cases of transnational crime (P.L. 112-283). Managed by
addition of illegal, unreported, and unregulated (IUU)
INL, the program has sought information relating to at least
fishing and of illegal logging could exponentially increase
one wildlife trafficking network: the Laos-based Xaysavang
these estimates. High profits and often-lax law enforcement
Network. INL works with other bureaus within the State
have motivated transnational criminal syndicates to engage
Department, notably the Bureau of Oceans and
in the trade. Consumers may be driven by local subsistence
International Environmental and Scientific Affairs, on
needs (e.g., consumption of bushmeat), traditional medicine
additional anti-wildlife trafficking efforts. Since FY2008,
practices, or a desire for luxury goods. Wildlife trafficking
Congress has enacted annual appropriations measures
may involve global supply chains and include local
requiring the Secretary of State to prevent individuals who
poachers, regional middlemen, online retailers, and corrupt
are credibly suspected of significant corruption from
officials. In contrast with efforts to reduce consumer
entering the United States, known as Section 7031(c)
demand or to increase the size of protected natural areas,
designations. To date, there has been one public
law enforcement focuses on disrupting, investigating,
designation for wildlife trafficking-related corruption,
prosecuting, and deterring criminal actors.
concerning a Cameroonian state official.
Statute and Presidential Action
U.S. Agency for International Development (USAID)
administers foreign assistance projects aimed at reducing
The U.S. body of laws on wildlife crime originated with the
poaching and wildlife trafficking through regional programs
Lacey Act of 1900 (16 U.S.C. §§3371-3378 and 18 U.S.C.
as well as programs administered by the Bureau for
§§42-43) and has expanded in scope through the Pelly
Amendment to the Fisherman’s Protective Act of 1967
Economic Growth, Education, and Environment. Some
recent USAID projects have focused on improving forensic
(P.L. 92-219), the Endangered Species Act of 1973 (P.L.
science capacity and collaboration between law
93-205), and other laws. Recent U.S. Administrations have
enforcement and transportation personnel.
identified wildlife trafficking as a transnational organized
crime threat. In 2013, President Obama issued Executive
FWS, an agency within the Department of the Interior
Order (E.O.) 13648, which established a Presidential Task
(DOI), retains authority to inspect wildlife shipments
Force on Wildlife Trafficking (the Task Force) The Task
entering the United States through the efforts of special
Force issued a National Strategy for Combating Wildlife
agents and wildlife inspectors stationed at certain U.S.
Trafficking (the National Strategy) in 2014, which
points of entry. A select number (eight as of January 2020)
advocated “strengthening enforcement of laws” as a
of special agent attachés are stationed at U.S. missions
strategic priority. The Eliminate, Neutralize, and Disrupt
abroad. Congress has also directed USAID to transfer to
(END) Wildlife Trafficking Act of 2016 (P.L. 114-231)
FWS some funds provided for foreign conservation
established the Obama-era Task Force in law and directed
programs with a component focused on park rangers—
the Secretary of State to submit to Congress an annual
notably the Central Africa Regional Program for the
report that includes updates on the National Strategy, and
Environment. FWS also conducts investigations and offers
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Wildlife Trafficking: International Law Enforcement Responses
rewards for information on violations of U.S. wildlife
legislation.
Table 1. Enacted Appropriations for Selected Federal Funds That Address Wildlife Trafficking and Law
Enforcement FY2014 to FY2020 (millions)
Program/Fund
FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020
International Narcotics Control and Law Enforcement
$15.0
$25.0
$40.0
$50.7
$50.0
$50.0
$50.0
Fund Efforts to Combat Wildlife Trafficking
FWS Law Enforcement Funds For Wildlife Trafficking
N/A
N/A
NA
$7.5
$7.5
$7.5
$9.0
Enforcement
Source: Pertinent annual appropriations laws and committee reports for Interior, Environment, and Related Agencies and State and Foreign
Operations and Related Agencies from FY2014 to FY2020.
Notes: This selection is not comprehensive. Other U.S. government programs also address wildlife trafficking and law enforcement. For fields
marked N/A, comparable data are not available.
The Department of the Treasury supports regional
charges and require an interagency strategy for related
financial intelligence efforts, applies financial sanctions,
rewards for information programs; and H.R. 6043, which
and offers rewards relating to wildlife trafficking
would extend the authority for the Task Force and annual
prosecutions. Pursuant to E.O. 13581 (2011), Treasury’s
report as authorized by the END Act (currently scheduled
Office of Foreign Assets Control (OFAC) may leverage
to expire in October 2021), in addition to other provisions.
sanctions against transnational criminal groups. In 2018,
OFAC announced sanctions against a Laotian criminal
Issues for Congress
organization for activities including wildlife trafficking.
Human Rights Abuses. In 2019, Buzzfeed News reported
that rangers at overseas parks (including in Nepal,
Other Federal Entities. The Department of Homeland
Security’s Customs
Cameroon, and the Central African Republic) that had
and Border Protection maintains
received assistance from the NGO World Wildlife Fund
authority to inspect U.S. imports. The Department of
(WWF) were implicated in human rights abuses against
Justice’s Environmental and Natural Resources Division
indigenous communities and poaching suspects. The FWS
prosecutes and investigates wildlife crimes. Since FY2015,
had contracted with WWF to implement some overseas
National Defense Authorization Acts (NDAAs) have
conservation programs. Some Members of Congress
authorized Department of Defense joint task forces that
requested investigations from WWF, the U.S. Government
support domestic and foreign law enforcement to address
Accountability Office (GAO), and the DOI. In allocating
certain transnational crimes, including wildlife trafficking.
funds for law enforcement, Congress may consider
Selected Intergovernmental Efforts
conditions to minimize the risks of human rights abuses.
The International Criminal Police Organization
Effectiveness. Some observers highlight the difficulty of
(INTERPOL) facilitates police cooperation, including on
measuring the impact of law enforcement efforts, pointing
wildlife trafficking cases. The Convention on International
to a lack of robust data and to different interpretations of
Trade in Endangered Species of Wild Fauna and Flora
the data that do exist. For example, increased seizures by
(CITES) is a multilateral treaty—to which the United States
law enforcement may suggest success in preventing
is a party—that regulates the international trade in animals
products from reaching consumers, or they may reflect a
and plants, according to the sustainability of trade for
surge in trafficking. Some stakeholders also point to the
particular species. The U.N. Office on Drugs and Crime
adaptability of criminal groups, which could lead to
provides technical assistance to law enforcement entities
counterproductive outcomes for conservation when
and publishes the World Wildlife Crime Report. The U.N.
governments prioritize law enforcement responses. For
Environment Program conducts public awareness
example, some traffickers may increase poaching to
campaigns and supports CITES regulations.
account for anticipated seizures. Congress may seek to
adjust appropriations for other approaches to wildlife
Legislation in the 116th Congress
trafficking, such as demand-reduction efforts (including
The 116th Congress passed the Rescuing Animals with
public awareness, alternative livelihoods, and food security
Rewards (RAWR) Act as part of FY2020 appropriations
programs). It may also consider a range of metrics, such as
(P.L. 116-94), which explicitly added wildlife trafficking to
species population estimates and frequency of inspections
the State Department’s Transnational Organized Crime
and seizures, when examining program effectiveness.
Rewards Program. The FY2020 NDAA established an
Rewards Programs. In April 2018, GAO published a
interagency working group on maritime security and IUU
report on the use of cash rewards by the National Oceanic
fishing (P.L. 116-92). Proposed legislation in the 116th
and Atmospheric Administration (NOAA) and FWS in
Congress includes H.R. 5398, which would require the
countering wildlife trafficking. GAO recommended that
presidential Task Force to develop an interagency working
both FWS and NOAA improve tracking systems and public
group and strategy to address online wildlife trafficking;
advertising of the rewards programs. Congress may seek to
H.R. 864, which would reclassify certain wildlife
strengthen oversight of these and other rewards programs
trafficking offenses as federal racketeering or related
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Wildlife Trafficking: International Law Enforcement Responses
or, in the event of ongoing questions about reward
Katarina C. O'Regan, Analyst in Foreign Policy
effectiveness, to consider using funds for another purpose.
IF11605

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