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3.4. Which Role for International Law in the Prevention and Suppression of Illicit Trade?

May 28 2015
12:30 - 14:30
Hall V

Track: 3. Corporate Practice/ International Trade/ Protection of Competition

Description

Illicit trade in goods is of growing concern internationally, and one of the greatest challenges to date. It has various manifestations, involves many different actors and affects several interests at the same time. It is a global problem that has many serious financial and social effects, including economic loss, harm to consumer health and public safety and costs for governments. A high profit activity of this activity is the reason for its allure.

While illicit trade has specific features, depending on the goods and the methods employed, calling for the adoption of targeted legal measures by States, one common denominator is the involvement of criminal organizations. These are often highly sophisticated, flexible structures, able to quickly adapt to market changes and grab new criminal opportunities. They resort to corruption and money laundering as the chief means of conducting their illicit trade business and re-introducing proceeds into the legal economy. They act transnationally by exploiting a global environment which encourages the free circulation of goods.

While not specifically conceived with the aim of countering illicit trade, a number of treaties address the basic conduct that often makes illicit trade possible and profitable. Among them, the two most relevant and nearly universally ratified instruments are the United Nations Convention against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC). Applied in a complimentary manner to the sector-specific treaties, both UNTOC and UNCAC can provide national authorities with a more integrated approach to countering illicit trade, offering the tools to address conduct which represent the conditions, prerequisites or facilitators of illicit trade. Among the sector-specific treaties, it is noteworthy the last developments undertaken by the International Community, such as the adoption of the Arms Treaty and the Protocol to Eliminate Illicit Trade in Tobacco Products.

The multidisciplinary character of the international legal framework against illicit trade makes it essential that Governmental Authorities acknowledge the challenge and mobilize all concerned agencies at the same time, ideally with the establishment of a coordinating strategy aimed at involving all relevant stakeholders. This task demands an innovative approach in the use of the international legal framework and pioneering legal solutions in order to cope with contemporary challenges.

Moderator

Aleksandr Avdeyko

Head of Legal Department, Ministry of Internal Affairs of the Russian Federation


Speakers

Alexey Andronov

General Counsel, Trade Company MEGAPOLIS CJSC


Stefano Betti

Senior Counsel, INTERPOL


Biography

Education, academic degree:

He has a law degree from the University of Milan, Italy, with specialization in international criminal law, and a Master degree from the London School of Economics, UK.

Professional experience:

He is Senior Counsel at the Office of Legal Affairs, INTERPOL. He coordinates the legal activities in the area of illicit trade and counterfeiting. Before joining INTERPOL, he worked for the United Nations Office on Drugs and Crime, providing legal advisory services to Governments on counter-terrorism, the prevention of organized crime and anti-corruption. Previously, he collaborated with the United Nations Interregional Crime and Justice Research Institute and the European Parliament on different projects relating to crime prevention and criminal justice.

Esteban Giudici

Legal Officer, INTERPOL


Biography

Education, academic degree:

He obtained his law degree and practicing certificate at the National University of Mar del Plata (Buenos Aires, Argentina) and is member of the bar association of Buenos Aires, he has an LLM on international law from Leiden University (The Netherlands) and has accomplished several courses on international law. Shortly he will defend his Phd on international law at the National University of Mar del Plata.

Professional experience:

He is legal officer with the Office of Legal Affairs, INTERPOL, working on illicit trade issues specifically within the Legal and Institutional Pillar of INTERPOL’s Trafficking in Illicit Goods and Counterfeiting Programme. He also worked on institutional affairs and on the prevention of conflicts in the same INTERPOL´s Office. Prior to joining INTERPOL, he was an independent lawyer specialized in criminal and international law.

Louise van Greunen

Director, Building Respect for IP Division, World Intellectual Property Organization


Biography

Professional experience:

Admitted as Advocate of the Supreme Court of South Africa, she joined the World Intellectual Property Organization (WIPO) in 1996. Prior to her appointment, she was a public prosecutor in the criminal courts; lectured law; and was the Registrar of Patents, Trademarks, Copyright and Designs of South Africa. Administering the IP Office, she was also the Hearing Officer at the Tribunal of the Register of Trademarks, where she had the judicial competence of a single judge of the Supreme Court of South Africa.

She joined WIPO as Senior Legal Counselor, assisting English-speaking developing countries, at their request, to adopt TRIPS compliant legislation. In 2002 she became Deputy Director of the WIPO Enforcement and Special Projects Division. In 2010 she was appointed Director of the same Division, now renamed Building Respect for IP Division.

In her capacity as Director of the Building Respect for IP Division, she is responsible for policy dialogue in the context of the WIPO Advisory Committee on Enforcement. The Division serves Member States in, inter alia, areas of legislative assistance on the implementation of Part III of the TRIPS Agreement; training and capacity building for law enforcement officials, as well as colloquia for the judiciary; public awareness; and strategic cooperation (public/public and public/private). She was also Chair of the Steering Group responsible for the hosting of the 6th Global Congress on Counterfeiting and Piracy in Paris.

Konstantin Raynot

Illicit Trade Manager, Philip Morris


Dmitriy Volchkov

Deputy Head of the Department of Combating International Crime, NCB Interpol of the Ministry of Internal Affairs of the Russian Federation


*This schedule may be subject to change