Asia and the Pacific Region

Background

OPDAT’s Asia and Pacific programs are diverse and focus on combating various crimes, including terrorism, terrorism financing, money laundering, corruption, cybercrime, trafficking-in-persons (TIP), gender-based violence, wildlife trafficking, and other transnational crimes, as well as promoting criminal procedure amendments and institutional reforms of prosecution services and law enforcement entities. The programs, funded by the U.S. Department of State, vary due to differences in host countries’ justice sector capacities and the nature of the bilateral relationships.

Selected Programs

Regional: Southeast Asia is both a key consumer of certain illegal wildlife products and a key supplier of others. In June 2018, an OPDAT Regional Resident Legal Advisor (RLA) program was established in Laos to counter wildlife trafficking in Southeast Asia. In addition to Laos, the RLA works in Cambodia, Indonesia, Malaysia, Mongolia, the Philippines, Thailand, and Vietnam to build the capacity of prosecutors, judges, and law enforcement officers to combat wildlife crimes. The RLA encourages money laundering charges in prosecutions and brings government officials in the region together to encourage cooperation. The RLA also works with governments to improve legislation to be compliant with the Convention on the Illegal Trade in Endangered Species of Wild Flora and Fauna.

In addition, OPDAT has a South Asia Regional program that hosts regional capacity-building events addressing transnational crimes, including narcotics and corruption, that affect Bangladesh, India, Maldives, Nepal, and Sri Lanka. Program activities seek to facilitate regional coordination and inspire legislative and regulatory reforms to strengthen public confidence and transparency in government systems, practices, and policies. This regional program also supports the empowerment of women in the justice sector (specifically, judges and prosecutors) through sponsorship of their participation in professional conferences.

Counterproliferation: OPDAT assists in preventing the accumulation and proliferation of weapons of mass destruction and illicit transfers of conventional weapons in the Philippines. Through capacity-building programs, technical assistance, and mentoring, OPDAT closely coordinates with U.S. law enforcement agencies and the Philippines Strategic Trade Management Office to combat the financing of weapons proliferation, strengthen export controls, and build the capacity of the Philippines to prevent the transfer of sensitive technology to certain countries in East Asia.

In addition, OPDAT has a regional capacity-building program for the Pacific Islands to counter foreign efforts to introduce digital currency schemes, which would obfuscate proliferation-related financial transactions and create vulnerabilities for money laundering, terrorism financing, and proliferation financing. Program activities seek to close legislative or regulatory gaps in the areas of virtual assets, cryptocurrency, and related asset recovery measures, and provide technical assistance and case-based mentoring to Pacific Island countries—in particular, the Cook Islands, Fiji, Kiribati, the Marshall Islands, Palau, Samoa, Tonga, and Vanuatu.

Bangladesh: OPDAT conducts frequent judicial and prosecutorial skills-development programs to support the Bangladeshi justice sector in addressing complex and transnational crimes, including terrorism, terrorism financing, money laundering, public corruption, narcotics trafficking, TIP, as well as gender-based and domestic violence. Recently, OPDAT worked with the Government of Bangladesh to create sentencing guidelines (which will also incorporate bail guidelines in the future) to reduce unwarranted sentencing disparities among similarly situated offenders while also addressing prison overcrowding and court backlogs. Future work with Bangladesh’s Ministry of Law will include incorporating the guidelines into the Bangladesh Judicial Administration Training Institute and University curriculum. Additionally, OPDAT will assist with the drafting and publication of a money laundering bench book to be used by the Bangladeshi justice sector.

Burma: The 2021 military coup disrupted OPDAT’s ability to partner with the government. However, since Spring 2023, OPDAT has developed partnerships with Burmese non-governmental legal entities to strengthen the judicial capacity of pro-democracy actors, improve courtroom professionalism, and promote rule of law through legal education. OPDAT has co-hosted a series of virtual and hybrid programs for Burmese lawyers and law students on topics such as the U.S. legal system, federalism, trauma-informed approach to victims, access to justice, fair trial rights, the U.N. Security Council, international peacekeeping, as well as oral advocacy and trial skills.

China: OPDAT facilitates cooperation between U.S. and Chinese criminal justice sector stakeholders in combatting transnational crimes, including drug trafficking and money laundering, through case-based mentoring, consultations, presentations, and other opportunities to exchange ideas and best practices. OPDAT fosters dialogue and promotes long-term criminal justice reform consistent with international standards by providing expertise on criminal law and procedure, rule of law matters, anti-corruption, and law enforcement cooperation to jurists, academics, defense lawyers, law students and, when possible, Chinese government officials. The RLA also serves as a China subject matter expert for U.S. authorities, including at the U.S. Embassy.

Indonesia: OPDAT works with police, prosecutors, judges, and other key government partners to enhance their capabilities to combat transnational crimes, such as corruption, cybercrime, money laundering, TIP, terrorism, and terrorism financing. Through OPDAT’s assistance, Indonesia’s Attorney General’s Office has established special units on cybercrime and terrorism. Also, with the support of OPDAT, Indonesia’s Corruption Eradication Commission recovered $6 million in 2022 in corruption proceeds that had been laundered from Indonesia to the United States. OPDAT has been a leader in bringing about institutional changes in court security, including the passage of the Supreme Court’s first regulation on courthouse security, issued in November 2020. Other OPDAT engagement focuses significantly on legal reform to strengthen prosecutorial and judicial institutions, including assistance in seeking to update Indonesia’s criminal procedure code. Additional OPDAT priorities include improved international cooperation, inter-agency information sharing, coordination between the public and private sectors, judicial conflicts of interest, asset tracing and recovery, digital evidence, and cryptocurrency.

Malaysia: OPDAT’s Malaysia-led, U.S.-enabled counterterrorism capacity-building efforts emphasize improved in-country and regional coordination between police and prosecutors; evidence-driven investigations, resulting in successful prosecutions; effective, efficient, and fair trials and appellate proceedings; strengthened court security measures; and justice-sector reforms enhancing asset forfeiture and border security regimes.

Maldives: OPDAT promotes long-term stability and criminal justice reform in the Maldives by building capacity to combat terrorism, terrorism financing, and violent extremism, as well as rehabilitate and reintegrate returning foreign terrorist fighters into their communities. OPDAT regularly advises on policy issues, provides case-based mentoring on pending investigations and prosecutions, and develops focused programming to enhance the long-term capacity of justice sector stakeholders.

Mongolia: OPDAT provides capacity-building programs, case-based mentoring, and technical assistance to prosecutors, investigators, and financial intelligence analysts to improve their ability to combat corruption, money laundering, and other financial crimes, including through the strengthening of their asset recovery and financial investigative techniques. In addition, OPDAT promotes inter-agency and international cooperation, and facilitates peer-to-peer partnerships between Mongolian and U.S. judges.

Nepal: OPDAT works with Nepal’s criminal justice sector on multiple rule of law issues, seeking to promote a fair and functional criminal justice system to strengthen Nepal’s young democracy. OPDAT targets its capacity-building on cybercrime, money laundering and other financial crimes, TIP, wildlife, narcotics, and other transnational crimes. OPDAT focuses on supporting Nepal in implementing sentence remission/plea provisions in various substantive criminal laws to address prison overcrowding, substantial case backlogs, and other inefficiencies, including by spearheading the drafting and adoption of guidelines requested by prosecutors and investigators. OPDAT has also worked with the Government of Nepal and other partners on drafting amendments to anti-money laundering legislation as well as legislative reform regarding cybercrime and digital evidence.

Philippines: OPDAT routinely provides case-based mentoring, conducts capacity-building programs, , and is working to develop a network of prosecutors, investigators, and judges who are experienced in counterterrorism work. This effort is designed to fully implement the Anti-Terrorism Act of 2020, a comprehensive reform of counterterrorism law that was the result of a yearslong OPDAT initiative. OPDAT also seeks to improve court security by supporting and guiding efforts to create a Philippine Marshals Service. Relating to legislative reforms, OPDAT works with drafting committees on reform efforts aimed at removing barriers to effective investigation and prosecution, including proposed legislation to authorize consensual recordings.

Sri Lanka: OPDAT works 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 and criminal procedure amendments. For example, OPDAT led a plea agreement working group comprised of justice sector leaders in drafting recently enacted amendments to Sri Lanka’s criminal procedure code to allow for written plea agreements and negotiated sentences.