FINANCIAL MEASURES TO CURTAIL FORESTRY CRIMES
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- Bonnie Barrett
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1 FINANCIAL MEASURES TO CURTAIL FORESTRY CRIMES Bambang Setiono (CIFOR) Zulkarnain Sitompul (PPATK) Financial Institutions, Illegal Logging and Associated Trade & Corruption State Department of the USA, Washington D.C., 29 January
2 Indonesia s deforestation rate > 1.6 million ha/year Illegal logging estimated to be: million m3/yr Every second, a cubic meter of wood is stolen in Indonesia In a minute, This room could be packed solid with illegal timber. The Government loses $1300 of tax revenue. A few business groups earn up to $24,000. An average Indonesian earns 50 Rupiah. An area the size of 6 soccer fields is cut down 2
3 THE NEXT FEW MINUTES Non-financial measures to curtail forestry crimes Typology of forestry crimes Financial leverage points Investment risk and financial crimes Indonesia s Anti-Money Laundering initiative Current objectives 3
4 What are Forestry Crimes? Forestry crimes involve a range of violations: Logging without licenses Logging near watersheds Over-harvesting within concession sites Cutting in protected areas Use of burning to clear forestland Log smuggling Processing illegal wood Bribery of forestry officials Failure to pay royalties, etc 4
5 Non-Financial Measures Focus on Log Tracking and Law Enforcement Presidential Initiative (Inpres( 5/2001) Police Integrated Operation (Wanalaga( 2003 & Regional Operation) Marine Operation (Wanabahari( 2003) Multilateral Commitments: FLEGT Bilateral Commitments: UK, China, South Korea, Japan Log tracking audit and certification 5
6 Who s Involved in Forestry Crime? Key actors often include combination of: Timber mafias with military and police Corrupt forestry officials Illegal timber brokers Licensed concession-holders operating beyond terms of contract Local folks engaged in informal logging 6
7 Enforcement Initiatives Often Focus on Lower Level Actors Individuals charged typically include: Ship and boat s captain Truck drivers Loggers Local managers of forestry operations Rarely include more powerful actors who are behind illegal timber networks 7
8 Typology of Forestry Crimes Logging Companies Malaysia Singapore China Vietnam ILOG ILOG ILOG ILOG ILOG ILOG Local community Local Government Post 1 Low-level Military $ Financial Backers Post 2 Police Political Party leaders $ Post 3 Port Authority Forestry Service Customs Community Leaders 4 Coast Guard Industries Military Officers 5 Navy Capital Provider $ Legalization & Bribe Java 8
9 Financial Leverage Points for Curtailing Forestry Crimes IBRA debt restructuring (IBRA( IBRA) Financial institution s due diligence (FDD( FDD) Anti-money laundering regime (AML( AML) Anti Corruption Initiative (KPK( KPK) 9
10 Investment Risk and Financial Crimes Indonesia s Pulp and Paper Industry Since 1980s, over US$ 15 bn investment Financed by: : Gov t banks, private sector banks, ECAs,, international/domestic bond markets Credit risks: : overcapacity, fiber deficits, social conflict, land tenure claims, environmental risk Legal risks: : financial mark-up schemes, misuse of loans from GOI Reforestation Fund, bribery and corruption, bank fraud, misrepresentation 10
11 Legal Basis for Using Financial Laws to Curtail Forestry Crimes Elucidation of Article 8, Act No.7/1992 regarding Banking re Act No.10/1998 Bank Indonesia circulation letter (BI circulation letter) No.21/9/UKU 25 March 1989 Law No.25/2003 regarding the crime of money laundering Includes Forestry Crimes and Environmental Crimes as predicate offenses 11
12 Indonesia s Anti-Money Laundering Regime Financial Service Providers (FSP) required to submit: Cash Transaction Reports (CTR) Suspicious Transaction Reports (STR) Banks must adopt Know Your Customer principles Financial Intelligence Unit (FIU) has power to audit and recommend criminal investigations Investigators can freeze assets re suspected money laundering activities Bank secrecy not applicable; burden of proof reversed Mutual Legal Assistance and international cooperation Mutual Legal Assistance and international cooperation 12
13 Current Objectives Develop guidelines for banks to implement KYC and STR in forestry Build capacity for investigation and prosecution of forestry crimes under AML Assist Indonesia s FIU to join Egmont Group Cooperation with regional timber importers Freeze assets in Indonesia and destination countries (test case first) Strengthen banks due diligence in financing forestry sector 13
14 14
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