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Congressional Research Service
Informing the legislative debate since 1914
0
November 27, 2024
The Evolving Strategy to Combat Transnational Organized
Crime
Over the past several decades, criminal networks have
adapted and evolved, posing challenges for federal law
enforcement. Transnational organized crime (TOC) is not a
singular crime, but is instead a range of illicit activities
committed by groups of individuals, often loosely
connected. Until 2011, the federal government did not have
a formal conceptualization of, or strategy to counter, TOC.
Since the Obama Administration's issuance of an initial
strategy in 2011, counter-TOC efforts have evolved through
a series of Executive Orders (E.O.s) and an updated
strategy published in 2023. Policymakers may opt to
examine the implementation of the strategic objectives and
directives outlined in the strategies and E.O.s as well as
how congressional action may complement these counter-
TOC activities.
Conceptuaizing TOC
2011 StrategY
In July 2011, the Obama Administration issued the White
House Strategy to Combat Transnational Organized Crime
(2011 Strategy), which laid out the federal government's
first broad conceptualization of TOC, focusing on it as a
national security concern. The 2011 Strategy offered the
following definition of TOC:
Transnational organized crime refers to those self-
perpetuating associations of individuals who
operate transnationally for the purpose of obtaining
power, influence, monetary and/or commercial
gains, wholly or in part by illegal means, while
protecting their activities through a pattern of
corruption and/or violence, or while protecting their
illegal activities through a transnational
organizational structure and the exploitation of
transnational commerce or communication
mechanisms. There is no single structure under
which transnational organized criminals operate;
they vary from hierarchies to clans, networks, and
cells, and may evolve to other structures. The
crimes they commit also vary. Transnational
organized criminals act conspiratorially in their
criminal activities and possess certain
characteristics which may include, but are not
limited to:
In at least part of their activities they commit
violence or other acts which are likely to intimidate,
or make actual or implicit threats to do so;
They exploit differences between countries to
further their objectives, enriching their
organization, expanding its power, and/or avoiding
detection/apprehension;
They attempt to gain influence in government,
politics, and commerce through corrupt as well as
legitimate means;
They have economic gain as their primary goal, not
only from patently illegal activities but also from
investment in legitimate businesses; and
They attempt to insulate both their leadership and
membership from detection, sanction, and/or
prosecution through their organizational structure.
2023 Strategy
In December 2023, the Biden Administration issued an
updated White House Strategy to Combat Transnational
Organized Crime (2023 Strategy). It updates the 2011
Strategy, maintaining a similar conceptualization of TOC.
The 2023 Strategy defines TOC as follows:
[TOCs] refer to groups, networks, and associated
individuals who operate transnationally for the
purpose of obtaining power, influence, or monetary
or commercial gain, wholly or in part by illegal
means, while advancing their activities through a
pattern of crime, corruption, or violence, and while
protecting their illegal activities through a
transnational organizational structure and the
exploitation of public corruption or transnational
logistics, financial, or communication mechanisms.
Like the 2011 Strategy, the 2023 Strategy also notes the
opportunistic, poly-criminal nature of transnational criminal
networks, the fluidity of their sizes and structures, and their
activities that overlap the licit and illicit realms.
Executive Orders Guding the Federal
Response to TOC
A number of E.O.s have provided direction for the
overarching national efforts to counter TOC. Examples
include the following:
E.O. 13581. The 2011 Strategy's release coincided with
President Obama issuing E.O. 13581, which announced
economic sanctions on significant transnational criminal
organizations.
E.O. 13773. President Trump's E.O. 13773 directed the
executive branch to strengthen the enforcement of federal
laws and prioritize law enforcement resources to combat
transnational criminal groups.](ViewImageLocal?handle=hein.crs/goverkx0001&div=1&collection=&method=preview&ext=.png&size=3)
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