Govt Order on Establishing the USA Council on Transnational Organized Crime


By the authority vested in me as President by the Structure and the legal guidelines of the USA of America, I hereby order as follows:

Part 1.  Objective.  Transnational organized crime (TOC) poses a direct and escalating menace to public well being, public security, and nationwide safety.  Transnational legal organizations interact in a broad vary of legal actions, together with drug and weapons trafficking, migrant smuggling, human trafficking, cybercrime, mental property theft, cash laundering, wildlife and timber trafficking, unlawful fishing, and unlawful mining.

These networks proceed to broaden in dimension and affect in the USA and overseas.  Transnational legal organizations contribute on to tens of hundreds of drug-overdose deaths in the USA annually and adversely have an effect on American communities and financial prosperity.  In addition they threaten United States nationwide safety by degrading the safety and stability of allied and accomplice nations, undermining the rule of legislation, fostering corruption, appearing as proxies for hostile state actions, straight or not directly funding rebel and terrorist teams, depleting pure assets, harming human well being and the surroundings, contributing to local weather change by unlawful deforestation and logging, and exploiting and endangering weak populations.  In some areas, transnational legal organizations wield state-like capabilities, disregarding sovereign borders, compromising the integrity of democratic establishments and threatening the legitimacy of fragile governments, and securing their energy by intimidation, corruption, and violence.  For these causes, it’s within the nationwide curiosity of the United States to counter TOC.  Addressing TOC requires a coordinated Federal framework accompanied by a cohesive whole-of-government effort executed in collaboration with State, native, Tribal, territorial, and civil society companions in the USA and in shut coordination with international companions, worldwide and regional organizations, and worldwide and native civil society teams overseas.

Sec 2.  Coverage.  Govt departments and businesses (businesses) shall take actions inside their respective authorities, together with, as acceptable, by the supply of technical and monetary help, to boost efforts to counter TOC.  It’s the coverage of the USA to:
     (a)  make use of licensed intelligence and operational capabilities in an built-in method to focus on, disrupt, and degrade transnational legal organizations that pose the best menace to nationwide safety;
      (b)  collaborate with non-public entities and worldwide, multilateral, and bilateral organizations to fight TOC, whereas additionally strengthening cooperation with and advancing efforts to construct capability in accomplice nations to scale back transnational legal exercise;
      (c)  enhance info sharing between legislation enforcement entities and the Intelligence Group to boost strategic evaluation of, and efforts to fight, transnational legal organizations and their actions, whereas additionally preserving our skill to speedily convey TOC actors to justice;
      (d)  broaden instruments and capabilities to fight illicit finance, which underpins all TOC actions; and
      (e)  develop and deploy new applied sciences to determine and disrupt current and newly rising TOC threats.

Sec. 3.  Institutions.  (a)  There shall be established a United States Council on Transnational Organized Crime (USCTOC), which shall report back to the President by the Assistant to the President for Nationwide Safety Affairs.  The USCTOC shall monitor the manufacturing and implementation of coordinated strategic plans for whole-of-government counter-TOC efforts in assist of and in alignment with coverage priorities established by the President by the Nationwide Safety Council.
          (i)    The USCTOC shall change the Menace Mitigation Working Group, beforehand directed to guide whole-of-government efforts on TOC beneath Govt Order 13773 of February 9, 2017 (Imposing Federal Legislation With Respect to Transnational Prison Organizations and Stopping Worldwide Trafficking).  Accordingly, part 3 of Govt Order 13773 is hereby revoked.
          (ii)   The USCTOC shall encompass the next members or their designees:
               (A)  the Secretary of State;
               (B)  the Secretary of the Treasury;
               (C)  the Secretary of Protection;
               (D)  the Legal professional Common;
               (E)  the Secretary of Homeland Safety; and
               (F)  the Director of Nationwide Intelligence.
          (iii)  The USCTOC might request different businesses to contribute to the USCTOC’s efforts as obligatory, together with by element or project of personnel in step with subsection (b)(v) of this part.
          (iv)   The USCTOC shall meet not later than 60 days from the date of this order and periodically thereafter.
     (b)  There shall be established a USCTOC Strategic Division (Division), an interagency working group housed on the Division of Justice, comprising personnel from businesses designated in subsection (a)(ii) of this part.
          (i)    The Division shall produce coordinated strategic plans for whole-of-government counter-TOC efforts in assist of and in alignment with coverage priorities established by the President by the Nationwide Safety Council.  These strategic plans shall learn by intelligence assessments, be developed in coordination with businesses, and embrace suggestions for actions by businesses.  The Division shall submit its accomplished strategic plans to the USCTOC.
          (ii)   The Division shall be chaired by a senior official from the Division of Justice or the Division of Homeland Safety.  The Chairperson shall serve a 2 12 months time period.  The Legal professional Common and the Secretary of Homeland Safety, or their designees, shall alternate each 2 years deciding on the Chairperson.
          (iii)  The Division shall be established for administrative functions throughout the Division of Justice, and the Division of Justice shall, to the extent permitted by legislation and topic to the provision of appropriations, present administrative assist and funding for the Division.
          (iv)   Businesses designated in subsection (a)(ii) of this part are hereby directed, in step with their authorities, finances priorities, and mission constraints, and to the extent permitted by legislation and in step with the necessity to defend intelligence and legislation enforcement sources, strategies, operations, and investigations, to supply to the Division:

                  (A)  particulars or assignments of personnel, who shall be certified subject-matter consultants and strategic planners, and who shall serve on full-time assignments of not lower than 1 12 months;
                  (B)  related info, analysis, intelligence, and evaluation; and
                  (C)  such different assets and help because the Division might request for the aim of finishing up the duties outlined on this part.
            (v)    To the extent permitted by legislation, businesses designated in subsection (a)(ii) of this part are inspired to element or assign their staff to the Division on a non-reimbursable foundation.
            (vi)   The Division, inside 120 days of the date of this order, shall undergo the USCTOC a report describing a course of that the USCTOC can implement on an ongoing foundation and as essential to determine and prioritize essentially the most important TOC threats in alignment with coverage priorities established by the President by the Nationwide Safety Council.

Sec. 4.  Report.  The Director of Nationwide Intelligence, inside 120 days of the date of this order and yearly thereafter, shall submit a report back to the President by the Assistant to the President for Nationwide Safety Affairs assessing the Intelligence Group’s posture with respect to TOC-related assortment efforts, together with suggestions on useful resource allocation and prioritization.

Sec. 5.  Definitions.  For the needs of this order: 
      (a)  the time period “Intelligence Group” has the which means ascribed to it beneath 50 U.S.C. 3003(4); and
      (b)  the time period “transnational legal organizations” refers to teams, networks, and related people who function transnationally for the aim of acquiring energy, affect, or financial or industrial achieve, wholly or partly by unlawful means, whereas advancing their actions by a sample of crime, corruption, or violence, and whereas defending their unlawful actions by a transnational organizational construction and the exploitation of public corruption or transnational logistics, monetary, or communication mechanisms.

Sec. 6.  Common Provisions.  (a)  Nothing on this order shall be construed to impair or in any other case have an effect on:
            (i)   the authority granted by legislation to an government division or company, or the top thereof; or
            (ii)  the features of the Director of the Workplace of Administration and Finances referring to budgetary, administrative, or legislative proposals.
      (b)  This order shall be applied in step with relevant legislation and topic to the provision of appropriations.
      (c)  This order will not be meant to, and doesn’t, create any proper or profit, substantive or procedural, enforceable at legislation or in fairness by any social gathering towards the USA, its departments, businesses, or entities, its officers, staff, or brokers, or some other particular person.
 
 

                               JOSEPH R. BIDEN JR.

THE WHITE HOUSE,
December 15, 2021.



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