Background
OPDAT’s Asia programs are diverse, focusing on combatting terrorism and terrorist financing, money laundering, corruption, cybercrime, trafficking-in-persons (TIP) and gender-based violence, wildlife trafficking, protecting intellectual property rights, and promoting criminal procedure amendments and institutional reforms of the prosecution services and law enforcement entities. The programs, funded by the U.S. Department of State, vary due to differences in the host country’s justice sector capacities and the nature of the bilateral relationships.
Selected Programs
Regional: Since 2015, the Resident Legal Advisor for Cybercrime has built the capacity of foreign law enforcement partners to combat cybercrime in ten countries in Southeast Asia. Since 2016, the Hong Kong-based International Computer Hacking and Intellectual Property (ICHIP) Attorney Advisor has worked all over Asia to coordinate and deliver intellectual property (IP) prosecutorial and judicial skills-development programs and technical assistance to foreign law enforcement partners. In 2018, an OPDAT Regional Resident Legal Advisor program was established in Laos to combat wildlife trafficking in Southeast Asia.
Bangladesh: OPDAT strengthens the Government of Bangladesh’s anti-money laundering and counter-terrorist financing efforts. OPDAT also supports the Bangladeshi justice sector in addressing complex crimes and transnational crimes, conducting frequent judicial and prosecutorial skills-development programs. Finally, OPDAT advocates for the establishment of a career prosecution service.
Burma: OPDAT deployed its first Resident Legal Advisor in August of 2017 to work with the Government of Burma in strengthening its justice sector and combating complex domestic and transnational crimes, including public corruption, money laundering and financial crimes, cybercrime and IPR, narcotics trafficking, and trafficking-in-persons. As part of its programming, OPDAT partnered with the Union Attorney General’s Office to establish the Transnational Crime Program to support substantive training as well as introduce new practices such as witness preparation, trial advocacy, and police prosecutor cooperation. Since the TCP’s 2018 launch, OPDAT has led nine workshops, three trial advocacy classes, and two U.S. study visits. At the request of the UAGO, the TCP has been extended by an additional two years, and twelve new members are being added.
China: OPDAT promotes long-term criminal justice reform consistent with international human rights standards by providing expertise on criminal law and procedure to Chinese government officials, jurists, academics, and law students; as well as by serving as a resource to the U.S. Embassy. Informal discussions of criminal procedure and other matters take place between the Resident Legal Advisor (RLA) and Chinese government counterparts. Most of OPDAT’s activities are conducted by the RLA alone, or in cooperation with non-governmental organizations (NGOs), including foreign NGOs conducting legal reform work and Chinese or American academic institutions. OPDAT fosters dialogue in the areas of criminal law and procedural reforms and law enforcement cooperation, and supports exchanges between Chinese and U.S. prosecutors.
Indonesia: OPDAT helps combat corruption, terrorism, money laundering, environmental crimes, trafficking in persons, and improving court security and mutual legal assistance. Working closely with the Indonesian Financial Intelligence Unit, OPDAT develops the ability of police and prosecutors to use money laundering and asset forfeiture as tools to address transnational crime and corruption. Further, OPDAT has trained and supported the Indonesian Attorney General’s Terrorism and Transnational Crimes Task Force (Satgas), which has become a key U.S. Government partner and been elevated to a directorate.
Malaysia: OPDAT strengthens Malaysia’s capacity to investigate and prosecute complex transnational crimes, especially those involving terrorism, terrorism financing, weapons proliferation, money laundering, and asset forfeiture. The program aims to cultivate a closer working relationship between Malaysian and U.S. law enforcement agencies. OPDAT also provided case-based mentoring for trafficking-in-persons cases and assisted in legislative reforms.
Maldives: OPDAT launched a new Resident Legal Advisor program in the Maldives in December 2019. OPDAT promotes long-term stability and criminal justice reform in the Maldives by building capacity to combat transnational crime and corruption, developing comprehensive judicial reform, and enhancing mutual legal assistance capabilities. OPDAT regularly advises on policy issues, provides case-based mentoring on pending investigations and cases, and is developing focused programming to enhance long-term capacity.
Nepal: OPDAT builds the capacity of Nepali rule of law officials to combat transnational crimes, such as human trafficking, and to ensure the implementation of the 2014 Nepal Mutual Legal Assistance Act. OPDAT also delivers expertise on criminal law and procedure to Nepal government officials, jurists, academics, law students, and the U.S. Embassy. OPDAT promotes long-term criminal justice reform in Nepal consistent with international human rights standards and U.S. policy. OPDAT coordinates skills-development programs for prosecutors, investigators, and jurists through the auspices of the National Judicial Academy and the Attorney General’s Office, and also provides training through other ministries, such as the Ministry of Law, Justice, and Parliamentary Affairs.
Pakistan: OPDAT assists in key criminal justice sector reforms, including prosecutorial support and skills-development programs; police – prosecutor cooperation; female prosecutorial training; support for legal education and engagement with civil society; anti-money laundering; and countering the financing of terrorism. OPDAT has developed law enforcement contacts within the country and continues to design and deliver assistance programs.
Philippines: OPDAT helps develop the criminal justice sector in various ways. With regard to terrorism, OPDAT routinely conducts anti-money laundering / countering-terrorist-financing trainings for judges, including effective implementation of 2012 money-laundering legislation, and is working to develop a network of prosecutors, investigators and judges who are experienced in counter-terrorism work. OPDAT also seeks to improve judicial security by supporting and guiding efforts to create a Philippine Marshal’s Service. OPDAT provides assistance on cybercrime legislation and training. With regard to trafficking-in-persons (TIP), OPDAT has led more than a dozen programs over the past three years and helped develop the curriculum for teaching cybercrime investigation at criminology schools. With regard to legislative reforms, OPDAT is working with drafting committees on reform efforts aimed at removing barriers to effective investigation and prosecution. In July 2020, the Philippines enacted the Anti-Terrorism Act of 2020 (ATA), a comprehensive reform of its CT law that was the result of a years-long OPDAT initiative
Sri Lanka: OPDAT deployed its first Resident Legal Advisor in 2017 to improve the ability of Sri Lankan authorities to investigate and prosecute corruption and money laundering cases successfully, as well as advance mutual legal assistance. OPDAT provides a wide variety of technical assistance, including case-based mentoring of prosecutors and investigators, as well as supporting institutional reforms.
RECENT PROGRAMMATIC ACTIVITIES
OPDAT Burma Recognizes Annual International Anti-Corruption Day (December 9, 2020)
OPDAT Hosted Virtual Workshop for Malaysian Officials on Seizing and Managing Assets Used in Money Laundering, Terrorism, and Terrorist Financing (August 6, 2020)
OPDAT Hosted South and Southeast Asia Regional Virtual Workshop for Criminal Justice Officials on Counterterrorism (June 23, 2020)