Controlling Imports of Illegal Timber

1
Controlling Imports of Illegal Timber

• Options for Europe

2
Why control imports?

• One set of actions amongst several available
• Assistance to domestic (producer country)
  activities shutting out products of criminal
  activity from international markets through
  mobilising the resources of consumer country law
  enforcement agencies
• Activities that EU and member states can
  undertake directly

3
Existing laws stolen goods, etc.

• Laws on theft, receiving stolen goods, fraud,
  forgery, bribery vary between member states
• Problems
• Proof of crime difficult to obtain
• Co-operation with foreign police and customs may
  be poor
• Generally, action needs to be taken in the
  country of origin
• Court cases can be very slow

4
Existing laws money laundering

• Money laundering legislation could be more
  effective
• Definition of criminal activities depends on
  those in state where proceeds are disposed of,
  not on those of country of origin
• Problems
• National legislation varies may not always allow
  action (though probably does in UK)
• But still probably difficult to prove criminal
  activity
• Actions
• Strengthen national and EU legislation and
  implementation

5
Existing laws CITES

• Currently only international framework
  controlling trade in (some) timber
• Approximately 19 species currently listed many
  more could be
• Export and import permit system can be effective,
  but prone to fraud, theft and corruption no
  external check
• Probably cant extend to all timber in trade

6
Whats lacking in existing laws?

• Identification of illegal material difficult
• Proof of illegality difficult to obtain
• Co-operation with enforcement authorities in
  country of origin may be poor
• No existing laws seem likely to capture all
  imports of illegal timber

7
US model

• Lacey Act makes it illegal to import any fish or
  wildlife produced in violation of any foreign law
• Does not currently cover most timber, though
  interest in expanding it
• Gives authorities power to confiscate illegal
  goods even if importers did not know they were
  illegal
• Prosecutors use the Lacey Act
• Many practical difficulties but makes action
  against illegal imports easier

8
Requirements for a new approach

• Key component
• New legislation at EU level to prevent the entry
  of illegally sourced timber into the EU
• Has to be at EU level single market
• Therefore needs a new Regulation (applicable
  directly and uniformly throughout EU)

9
The new approach

• Objective
• Enable the EU to exclude illegally sourced timber
  and wood products
• This implies
• The introduction into the Community of timber or
  wood products in violation of laws is prohibited
• Prohibits the import of conflict timber

10
Requirements for new approach

• Based on
• Bilateral agreements between the EU and producer
  countries
• A licencing scheme
• Certificate of legality
• Independent verification of legality

11
Further Research

• Certificate of Legality and in particular the
  independent tracking
• Some products have multiple sourcing, how should
  these be assessed?
• Is there are role for SFM certification to play
  or will this undermine SFM?