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                                                                                                     July 27, 2020

Wildlife Trafficking: International Law Enforcement Responses


Congress has sought to implement law enforcement
approaches to wildlife trafficking by appropriating funds
for and conducting oversight of relevant foreign aid
programs and for U.S. and foreign law enforcement
capabilities. U.S. policy tools to target wildlife traffickers
include measures to increase dedicated law enforcement
personnel, provide equipment and trainings to foreign
countries, designate traffickers as ineligible for U.S. entry,
freeze traffickers' assets, and offer financial rewards for
information leading to their arrest. Debates exist regarding
the efficacy of law enforcement approaches, the appropriate
number of law enforcement officials, and the extent to
which individuals at different levels of trafficking
operations are targeted by law enforcement.


Wildlife trafficking (i.e., illegal transactions of wildlife),
holds potentially significant implications for U.S. efforts to
address conservation and the rule of law. Conservative
estimates of the value of the trade in endangered species
alone vary from $7 billion to over $20 billion annually. The
addition of illegal, unreported, and unregulated (IUU)
fishing and of illegal logging could exponentially increase
these estimates. High profits and often-lax law enforcement
have motivated transnational criminal syndicates to engage
in the trade. Consumers may be driven by local subsistence
needs (e.g., consumption of bushmeat), traditional medicine
practices, or a desire for luxury goods. Wildlife trafficking
may involve global supply chains and include local
poachers, regional middlemen, online retailers, and corrupt
officials. In contrast with efforts to reduce consumer
demand or to increase the size of protected natural areas,
law enforcement focuses on disrupting, investigating,
prosecuting, and deterring criminal actors.


The U.S. body of laws on wildlife crime originated with the
Lacey Act of 1900 (16 U.S.C. §§3371-3378 and 18 U.S.C.
§§42-43) and has expanded in scope through the Pelly
Amendment to the Fisherman's Protective Act of 1967
(P.L. 92-219), the Endangered Species Act of 1973 (P.L.
93-205), and other laws. Recent U.S. Administrations have
identified wildlife trafficking as a transnational organized
crime threat. In 2013, President Obama issued Executive
Order (E.O.) 13648, which established a Presidential Task
Force on Wildlife Trafficking (the Task Force) The Task
Force issued a National Strategy for Combating Wildlife
Trafficking (the National Strategy) in 2014, which
advocated strengthening enforcement of laws as a
strategic priority. The Eliminate, Neutralize, and Disrupt
(END) Wildlife Trafficking Act of 2016 (P.L. 114-231)
established the Obama-era Task Force in law and directed
the Secretary of State to submit to Congress an annual
report that includes updates on the National Strategy, and


identifies countries with significant levels of wildlife
trafficking. In 2017, President Trump issued E.O. 13773,
which called for the dismantling of groups involved in
transnational crime, including wildlife trafficking, and
required quarterly reports on related convictions.

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The Department of State leads U.S. efforts to support
international actions to combat wildlife trafficking. The
Bureau of International Narcotics and Law Enforcement
(INL) in particular focuses on supporting foreign countries'
anti-trafficking legislation, investigative and prosecutorial
capacity, and regional cooperation. INL administers funds
for foreign aid programs, which are implemented by
nongovernmental organizations (NGOs) and other third
parties, and manages five International Law Enforcement
Academies, which include anti-wildlife trafficking trainings
conducted by U.S. Fish and Wildlife Service (FWS)
personnel. In 2013, Congress passed legislation that
expanded a State Department rewards program to include
cases of transnational crime (P.L. 112-283). Managed by
INL, the program has sought information relating to at least
one wildlife trafficking network: the Laos-based Xaysavang
Network. INL works with other bureaus within the State
Department, notably the Bureau of Oceans and
International Environmental and Scientific Affairs, on
additional anti-wildlife trafficking efforts. Since FY2008,
Congress has enacted annual appropriations measures
requiring the Secretary of State to prevent individuals who
are credibly suspected of significant corruption from
entering the United States, known as Section 7031(c)
designations. To date, there has been one public
designation for wildlife trafficking-related corruption,
concerning a Cameroonian state official.
U.S. Agency for International Development (USAID)
administers foreign assistance projects aimed at reducing
poaching and wildlife trafficking through regional programs
as well as programs administered by the Bureau for
Economic Growth, Education, and Environment. Some
recent USAID projects have focused on improving forensic
science capacity and collaboration between law
enforcement and transportation personnel.
FWS, an agency within the Department of the Interior
(DOI), retains authority to inspect wildlife shipments
entering the United States through the efforts of special
agents and wildlife inspectors stationed at certain U.S.
points of entry. A select number (eight as of January 2020)
of special agent attach6s are stationed at U.S. missions
abroad. Congress has also directed USAID to transfer to
FWS some funds provided for foreign conservation
programs with a component focused on park rangers
notably the Central Africa Regional Program for the
Environment. FWS also conducts investigations and offers


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