BACKGROUND

The conclusion of the cold war and the subsequent easing of tension among countries brought a new world order veering toward global cooperation in terms of politics, economy, and other fields. This, coupled with the rapid advancement in technology, is leading to the “shrinking world” characterized by the rapid mobility of persons, money, information, ideas, and commodities. The international community, therefore, considers these developments as the key to world peace and stability. However, barely had the world savored the respite from tension when a new unforeseen threat to the security of nations emerged – the phenomenon of transnational crime.

A consensus is emerging to define transnational crime as a crime that has an international dimension. Among others, this implies crossing at least one border before, during, or after the fact. Therefore, it is a concern of at least two affected countries that they must jointly address.

The Philippine government was quick to discern the magnitude of the menace and the urgency of the need for concerted global action against it. During the 6th ASEAN Summit on December 15, 1998, in Hanoi, Vietnam, the Philippines expressed the desire to host the ASEAN Center for Combating Transnational Crime. Such a Center shall be the focal point of all coordination and cooperation among ASEAN member countries in combating transnational crime.

Executive Order No. 62 dated January 15, 1999

CREATING THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME TO FORMULATE AND IMPLEMENT A CONCERTED PROGRAM OF ACTION OF ALL LAW ENFORCEMENT, INTELLIGENCE, AND OTHER AGENCIES FOR THE PREVENTION AND CONTROL OF TRANSNATIONAL CRIME

The Philippine Center on Transnational Crime (PCTC) is hereby created under the Office of the President to formulate and implement a concerted program of action of all law enforcement, intelligence, and other government agencies for the prevention and control of transnational crime. It shall be placed under the general supervision and control of the National Police Commission.

Executive Order No. 100, dated May 7, 1999

“Strengthening the Operational, Administrative and Information Support System of the PCTC” – This Executive Order sought to strengthen the operational, administrative, and information support system and capacity of PCTC by placing the following agencies/offices/instrumentalities under the general supervision and control of the Center:

·       Loop Center of the NACAHT;

·       INTERPOL NCB-Manila;

·       Police Attaches of the PNP; and

·       Political Attaches/Counselors for Security Matters of the DILG.

The participation of government personnel in international training activities, seminars, and conferences pertaining to or having to do with transnational crime shall have the proper endorsement by the PCTC.

Executive Order No. 295 dated September 28, 2000

This places all law enforcement task forces and special project groups under the direct supervision and control of the Presidential Anti-Organized Crime Commission (PAOCC).  This Executive Order, in effect, amended Executive Order No. 62, particularly with regard to the provision on the exercise of direct supervision and control over the Center. The PCTC/INTERPOL NCB Manila was transferred from the NAPOLCOM to the Presidential Anti-Organized Crime Commission (PAOCC) to ensure a focused and coordinated response against all forms of Transnational Crimes.

Executive Order No. 146 dated October 22, 2002

Amending Executive Order No.62, transferring the general supervision and control of the Philippine Center on Transnational Crime to the Office of the National Security Adviser.

Executive Order No. 265 dated January 23, 2004

Defining the approach and institutional mechanism for the government’s comprehensive programs on combating transnational crimes. The institutional mechanism for implementing the program shall be headed by the active leadership of the President of the Republic of the Philippines with the PCTC/INTERPOL NCB Manila to provide technical operational and administrative support.

Executive Order No. 735 dated June 20, 2008

Placing the PCTC/INTERPOL NCB Manila, created under Executive Order No. 62 dated January 15, 1999, under the Department of Interior and Local Government.

Executive Order No. 35 dated April 11, 2011

Transferring the control and supervision of the PCTC/INTERPOL NCB Manila from the DILG to the Office of the President to enhance the coordination among its departments, bureaus, offices, agencies, and instrumentalities for a “whole of government approach” towards a more efficient, coordinated, collaborative, and synergized effort against organized transnational criminal activity, and to link national efforts with international agencies and institutions directly involved in the global campaign against transnational crimes.

POWERS AND FUNCTIONS

The mandated powers and functions of the Center are as follows:

1.  To establish, through the use of modern information and telecommunications technology, a shared central database among government agencies for information on criminals, methodologies, arrests, and convictions on the following transnational crimes:

·       Illicit trafficking of narcotic drugs and psychotropic substances;

·       Money laundering;

·       Terrorism;

·       Arms Smuggling;

·       Trafficking in Persons;

·       Piracy; and

·       Other crimes that have an impact on the stability and security of the country;

2.  To supervise and control the conduct of anti-transnational crime operations of all government agencies and instrumentalities;

3.  To establish a central database on national as well as international legislation and jurisprudence on transnational crime, with the end in view of recommending measures to strengthen responses and provide immediate intervention for the prevention, detection, and apprehension of criminals operating in the country;

4.  To establish a center for strategic research on the structure and dynamics of transnational crime in all its forms, and predict trends and analyze relationships of given factors for the formulation of individual and collective strategies for the prevention and detection of transnational organized crime and for the apprehension of the criminal elements involved;

5.  To design programs and projects aimed at enhancing national capacity-building in combating transnational crime, as well as supporting the related programs and projects of other ASEAN international centers;

6.  To explore and coordinate information exchanges and training with other government agencies, foreign countries, and international organizations involved in the combat against transnational crime; and

7.  To perform such functions and carry out such activities as may be directed by the President

Command and Control

The PCTC/INTERPOL NCB Manila command and control structure is as follows:

1.     The PCTC/INTERPOL NCB Manila is under the Office of the President.

2.     The Executive Director has immediate supervision and control over all units of the PCTC/INTERPOL NCB Manila. As such, he is authorized to designate duties and functions of all units and personnel of the PCTC/INTERPOL NCB Manila.

3.     The Executive Director has direct operational and supervisory authority over personnel and resources detailed with the PCTC/INTERPOL NCB Manila.

Coordination and Networks

1.     In the pursuance of its mission and functions, the PCTC/INTERPOL NCB Manila shall be assisted by the following government agencies and instrumentalities:

•     Philippine National Police (PNP);

•     National Bureau of Investigation (NBI);

•     National Action Committee on Anti-Hijacking and Anti-Terrorism (NACAHT);

•     Presidential Anti-Organized Crime Task Force (PAOCTF);

•     Presidential Anti-Smuggling Task Force (PASTF);

•     National Police Commission (NAPOLCOM);

•     Department of the Interior and Local Government (DILG);

•     Department of Justice (DOJ);

•     Department of Finance (DOF);

•     Department of Transportation and Communication (DOTC);

•     Dangerous Drugs Board (DDB);

•     National Prosecution Service (NPS);

•     Bureau of Immigration and Deportation (BID);

•     Bureau of Internal Revenue (BIR);

•     Bureau of Customs (BOC);

•     National Intelligence Coordinating Agency (NICA);

•     Armed Forces of the Philippines (AFP);

•     Land Transportation Office (LTO);

•     National Telecommunication Commission (NTC);

•     National Statistics and Census Office (NSCO); and

•     Other Government Agencies

2.     The PCTC/INTERPOL NCB Manila shall address the requirement of putting a strong and intensified focus against transnational organized crime in the course of the government’s anti-crime campaign.

3.     The PNP continues to be the primary general law enforcement agency of the country.

4.     The Executive Director, PCTC/INTERPOL NCB Manila; the Chief, PNP; and the heads of other concerned government agencies shall undertake close coordination and cooperation to insure synergy in the overall anti-transnational crime campaign.

5.     The Executive Director, of PCTC/INTERPOL NCB Manila, shall endorse attendance to all training/conferences/seminars related to transnational crimes (EO 100).

PCTC Strategy/Program of Action

The PCTC/INTERPOL NCB Manila has adopted the following strategy and program of action:

1.     Information exchange with government agencies, foreign countries, and international organizations;

2.     Strategic studies research the structure and dynamics of all forms of transnational crimes and formulate strategies to detect and prevent such crimes and apprehend criminal elements involved;

3.     Law enforcement coordination and operation against all forms of transnational crime in coordination with concerned law enforcement agencies;

4.     Capacity building through formulation and development of community crises management, law enforcement training, and staff development; and

5.     International Cooperation;