It is understood by "transnational crime"a criminal action whose consequences transcend the borders of countries, generally under the figure of a criminal organization dedicated to one or more crimes, related or diversified. LThe characteristic of this type of crime, is that in addition to the possibility of crossing borders, its effects cause harm in other countries, even in transit countries. For example, human trafficking, drug trafficking, terrorism and crimes related to counterfeiting in the field of culture and works of art. On this last point, There is the UNESCO Convention on Illicit Traffic in Cultural Property of 1970, whose objective is to prevent the import, export and transfer of cultural goods, whose complement is the UNIDROIT Convention of 1995, by which States adopt a uniform approach to the restitution of cultural objects that have been illegally imported or exported.
Globalization and new technological means, together with the increase in social exclusion and poverty, are a breeding ground for criminal organizations to have the means and human resources for their activities, which constitutes a political and of course legal challenge of vital importance for stability and development. In view of this, Mechanisms for international cooperation have been created to deal with such situations, including the creation of an International Criminal Court. In this regard, it could be important to think about the creation of a Criminal Court of Mercosur or of South American countries., for the prosecution of these types of crimes.
In the field of art and culture, counterfeiting is greater than one might think and, with the “support” of the Internet, its development is increasing, giving rise to multi-million dollar scams. There are works that are sold as originals but are not, with an enormous number of elements that can be the object of counterfeiting, from paleontology, paintings, sculptures, musical instruments, books, etc.; which involve exhibitors and sellers of fake works, as well as those who are their buyers. In this last case and to avoid being part of this crime, Those who are going to buy cultural goods whose origin may be dubious can consult the Interpol website, which has a section on works of art, to find out whether they are on a list of counterfeit works.
This is a multi-million dollar crime that competes for the crown with crimes such as drug trafficking, arms trafficking and human trafficking, as if to consider the seriousness of what it represents, forming part of an illegal international trade that moves millions of dollars and euros in the world, which requires ingenuity and regulatory adaptation to new marketing methodologies. To do so, Catalog editing can be an important tool for consultation.
It should also be noted that to close the circle of falsification, There must also be the author's false signatureOtherwise, it would be a simple copy of a known work that would not have sufficient commercial value for the crime. Although false certificates about the authorship of the work are also often issued.
These crimes, being transnational, are linked to smuggling, tax evasion and, in some cases, also labor exploitation. For this reason, Training, information, registration of stolen and falsified cultural goods and action protocols, together with customs controls, are of vital importance., which serve not only to protect the rights over the works, but also to raise awareness about the seriousness and legal consequences in relation to those who, out of necessity, are used by criminal organizations for this type of crime; in addition to the damage to cultural heritage in the broadest sense of the term, which goes beyond the economic.
By: Dr. Guillermo Sueldo
Aduana News is the first Argentine customs newspaper to launch its digital version. With 20 years of experience, its publications and initiatives aim to provide the most relevant knowledge on customs issues in order to contribute to safe trade in the region.
