A/CONF. 187/6 L. Introduction illegal behaviour adopted by legitimate companies reduce cost and maximize profits. It could also be argued The present document examines some of the realistic that, while professional criminals generally refrain from and imaginary fears related to transnational organized intimidation and violence against official authorities, crime today. It is a discussion paper, in the sense that some members of organized crime are both inclined and able to issues are identified, questions are posed and controversies use intimidation and violence. It is also true that terrorist are highlighted, but no final solutions are provided groups engaged in racketeering have different features than those of more conventional criminal organizations, a major 2. Some definitions of transnational organized crime are feature being the different goals they pursue. However, presented in chapter IL, and the concerns surrounding the these distinctions do not alter the fact that it is extremely growth of this type of crime are described and critiqued in difficult to draw precise definitional boundaries between chapter Ill. Some controversial issues arising from research follow in chapter IV, and the points for discussion organized and corporate crime in chapter V provide food for thought 6. Controversies may arise when attention focuses on the adjective"transnational", which implies that the types 3. In its resolution 53/111 of 9 December 1998, the of crime under discussion always and solely take place General Assembly decided to establish an ad hoc across borders. This is not always the case. Most illegal committee toelaborate an international convention against markets are an example Illicit goods are produced locally, transnational organized crime and to discuss international and only their distribution takes place internationally instruments addressing trafficking in women and children, Another example is trafficking in human beings, where combating the illicit manufacturing of and trafficking in illegal migrants are recruited at specific locations and only firearms,and illegal trafficking in and transporting of the trafficking operations take on an international migrants. The Ad Hoc Committee began its work in 1999 character. Moreover, many conventional organized groups and is expected to complete it by the end of 2000. Because owe their international power to the resources they the Convention is an instrument to promote international accumulate in their specific local context cooperation in dealing with one aspect of transnational crime, namely transnational organized crime, a section on the implementation ofthe Convention and its protocols has Ill. Concerns also been included in the present document(chapter Vi) Il. Concepts and definitions be centred on the feeling of vulnerability that developed countries harbour towards criminal activity originating in other countries. This manifests itself through fears that 4. A number of crucial elements need to be carefully illicit goods, more dangerous than any of those produced examined if a definition of transnational organized crime by developed countries, may destroy the citizens and is to be attempted. The following standard definition, institutions of the civilized world which was used in the report on the results of the Fourth United Nations Survey of Crime Trends and Operations of 8. Itis difficult to provide a comprehensive overview of Criminal Justice Systems, could apply toa variety of cases: the main contemporary manifestations of transnational offences, whose inception, perpetration and/or direct crime. Little empirical research is available, and existing effect or indirect effects involved more than one country" studies focus mainly on the national and local impact of (A/CONF 169/15/Add. 1, para. 9) transnational crime. The United Nations through its global 5. Transnational crime, however, is a broad concept this gap studies on transnational organized crime, is trying to fill covering different offences that mainly fall, at time imultaneously, in the domain of organized crime, 9. Transnational organized he should not be corporate crime, professional crime and political crime. In exclusively identified with the illegal activities of analytical terms, distinctions between these types of crimes organizations such as the Italian Mafia, Russian organized appear to be easy to draw. For example, it can be suggested crime syndicates, the Chinese triads, the Japanese yakuza, that organized crime is normally carried out by illegal the Colombian cartels or the Nigerian networks.These enterprises, whereas corporate crime can be identified with criminal organizations may perhaps constitute the mostA/CONF.187/6 2 I. Introduction 1. The present document examines some of the realistic and imaginary fears related to transnational organized crime today. It is a discussion paper, in the sense that some issues are identified, questions are posed and controversies are highlighted, but no final solutions are provided. 2. Some definitions of transnational organized crime are presented in chapter II, and the concerns surrounding the growth of this type of crime are described and critiqued in chapter III. Some controversial issues arising from research follow in chapter IV, and the points for discussion in chapter V provide food for thought. 3. In its resolution 53/111 of 9 December 1998, the General Assembly decided to establish an ad hoc committee to elaborate an international convention against transnational organized crime and to discuss international instruments addressing trafficking in women and children, combating the illicit manufacturing of and trafficking in firearms, and illegal trafficking in and transporting of migrants. The Ad Hoc Committee began its work in 1999 and is expected to complete it by the end of 2000. Because the Convention is an instrument to promote international cooperation in dealing with one aspect of transnational crime, namely transnational organized crime, a section on the implementation of the Convention and its protocols has also been included in the present document (chapter VI). II. Concepts and definitions 4. A number of crucial elements need to be carefully examined if a definition of transnational organized crime is to be attempted. The following standard definition, which was used in the report on the results of the Fourth United Nations Survey of Crime Trends and Operations of Criminal Justice Systems, could apply to a variety of cases: “offences, whose inception, perpetration and/or direct effect or indirect effects involved more than one country” (A/CONF.169/15/Add.1, para. 9). 5. Transnational crime, however, is a broad concept covering different offences that mainly fall, at times simultaneously, in the domain of organized crime, corporate crime, professional crime and political crime. In analytical terms, distinctions between these types of crimes appear to be easy to draw. For example, it can be suggested that organized crime is normally carried out by illegal enterprises, whereas corporate crime can be identified with illegal behaviour adopted by legitimate companies to reduce cost and maximize profits.1 It could also be argued that, while professional criminals generally refrain from intimidation and violence against official authorities, members of organized crime are both inclined and able to use intimidation and violence.2 It is also true that terrorist groups engaged in racketeering have different features than those of more conventional criminal organizations, a major feature being the different goals they pursue. However, these distinctions do not alter the fact that it is extremely difficult to draw precise definitional boundaries between organized and corporate crime.3 6. Controversies may arise when attention focuses on the adjective “transnational”, which implies that the types of crime under discussion always and solely take place across borders. This is not always the case. Most illegal markets are an example. Illicit goods are produced locally, and only their distribution takes place internationally. Another example is trafficking in human beings, where illegal migrants are recruited at specific locations and only the trafficking operations take on an international character. Moreover, many conventional organized groups owe their international power to the resources they accumulate in their specific local context. III. Concerns 7. Official concerns about transnational crime appear to be centred on the feeling of vulnerability that developed countries harbour towards criminal activity originating in other countries. This manifests itself through fears that illicit goods, more dangerous than any of those produced by developed countries, may destroy the citizens and institutions of the civilized world. 8. It is difficult to provide a comprehensive overview of the main contemporary manifestations of transnational crime. Little empirical research is available, and existing studies focus mainly on the national and local impact of transnational crime. The United Nations through its global studies on transnational organized crime, is trying to fill this gap. 9. Transnational organized crime should not be exclusively identified with the illegal activities of organizations such as the Italian Mafia, Russian organized crime syndicates, the Chinese triads, the Japanese yakuza, the Colombian cartels or the Nigerian networks.4 These criminal organizations may perhaps constitute the most