VZCZCXRO6938
RR RUEHAST RUEHCHI RUEHDT RUEHHM RUEHLN RUEHMA RUEHNH RUEHPB RUEHPOD
RUEHTM
DE RUEHHI #1184/01 2900957
ZNR UUUUU ZZH
R 160957Z OCT 08
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC 8624
INFO RUEHHM/AMCONSUL HO CHI MINH 5221
RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHZN/ENVIRONMENT SCIENCE AND TECHNOLOGY COLLECTIVE
RUEHC/DEPT OF INTERIOR WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHMFIUU/HQ EPA WASHINGTON DC
RUEHRC/DEPT OF AGRICULTURE WASHINGTON DC

UNCLAS SECTION 01 OF 02 HANOI 001184 
 
STATE FOR OES/ENRC (SCASWELL AND HSUMMERS) 
INTERIOR FOR INTERNATIONAL AFFAIRS (KWASHBURN AND KSENHADJI) 
JUSTICE FOR ENVIRONMENT AND NATURAL RESOURCES (JWEBB) 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: SENV SOCI EAGR VM
SUBJECT: USAID-SUPPORTED WILDLIFE ENFORCEMENT CONFERENCE HIGHLIGHTS 
WEAKNESSES IN VIETNAMESE EFFORTS 
 
REF: A) 07 HANOI 1763; B) HANOI 398; C) HCMC 156 
 
HANOI 00001184  001.2 OF 002 
 
 
¶1. (SBU) Summary. A recent USAID-supported workshop on the 
prevention of wildlife trafficking detailed the massive scope of the 
problem but a lack of enthusiasm from Vietnamese attendees showed 
that signatures on international conventions and the passage of 
wildlife protection laws will not be enough without Vietnamese 
engagement at the political level.  Official corruption, a lack of 
coordination between enforcement agencies and small fines hinder 
prosecution of wildlife crimes.  End Summary. 
 
¶2. (U) On August 21-22, 2008, EmbOffs joined Vietnamese prosecutors, 
judges, and environmental police and their Thai, Malaysian and 
Indonesian counterparts in Hoa Binh for a "Workshop on Preventing 
and Combating Wildlife Crime" to share information about regional 
wildlife trafficking, wildlife crimes in Vietnam, and challenges 
facing Vietnamese efforts to respond to wildlife smuggling. John 
Webb from the Environmental Crimes Section of the U.S. Department of 
Justice indicated the urgency of the problem 
as Southeast Asia serves as a hotspot for the multi-billion dollar, 
international wildlife trade.  With smuggling routes 
well-established from drug and human trafficking networks and rich 
bio-diversity, ASEAN countries act as an efficient exporter to 
China, the United States, the European Union, and Japan.  Wildlife 
trafficking rings within Southeast Asia also procure animal products 
from outside the region, such as  rhinoceros horns and elephant 
tusks from Africa, which they ship around the world using regional 
air and sea hubs, particularly Bangkok. Internet shopping and 
overnight delivery services facilitate quick and easy shipment of 
endangered species, and require a coordinated regional and 
international response to combat it. 
 
Wildlife Smuggling Remains Rampant in Vietnam 
--------------------------------------------- 
 
¶3. (U) According to the Vietnam office of INTERPOL, illegally traded 
wildlife in Vietnam primarily consists of pangolins, various species 
of rare snakes, and monkeys, with an annual value in the tens of 
millions dollars (Ref A). Normally transported alive, many animals 
die in transit due to poor care and exposure to non-native 
environments.  Within Vietnam, the lucrative illegal wildlife trade 
attracts a diverse group of participants, ranging from farmers and 
underemployed rural villagers to high-ranking government officials 
and well-connected trading companies. 
 
¶4. (U) Focused on meeting local consumer demand and linking up with 
international smuggling routes, the illegal wildlife trade centers 
on Hanoi, Ho Chi Minh City and border provinces. The Vietnamese 
Environment Police Department (EPD) identified several main wildlife 
transportation routes: by road or rail from Hanoi north to the 
cities of Lang Son (Ref B) and Mong Cai on the Chinese border, and 
from the western borders with Cambodia to Ho Chi Minh City. Once 
near the border, wildlife smugglers take advantage of mountainous, 
sparsely populated topography to enter into China.  At other times, 
well-organized rings use compromised government officials, members 
of social organizations, or organized crime syndicates to pass 
through border posts. 
 
GVN Offices Involved in the Fight 
Against Wildlife Trafficking 
--------------------------------- 
 
¶5. (U) The Convention on International Trade in Endangered Species 
(CITES) Management Authority, within the Forest Protection 
Department (FPD) of the Ministry of Agriculture and Rural 
Development (MARD) has the lead in implementing CITES in Vietnam, 
licensing and managing captive wildlife breeding farms, and issuing 
or revoking CITES certificate, CITES permit, the export/import 
license of samples of rare and valuable wildlife.  Customs forces 
directly involved in the fight against these crimes include the 
Smuggling Investigation Department (SID).  In November 2006, the 
Ministry of Public Security established the EPD, which has offices 
in all 64 provinces and nearly 2,000 staff to prevent and 
investigate environmental crimes. According to Colonel Luong Minh 
Thao, EPD's Deputy Director General, EPD has probed over 200 cases 
and initiated nearly 100 formal investigations of violations of 
Vietnamese environmental laws, including wildlife statutes. 
 
¶6. (U) According to Mr. Nguyen Manh Hien, Director of Department 1 
of the Supreme People's Procuracy, the GVN response remains 
 
HANOI 00001184  002.2 OF 002 
 
 
uncoordinated.   The various entities with a stake in protecting 
wildlife - MARD, Customs, local People's Committees, local police, 
and the Ministry of Natural Resources and Environment (MONRE) often 
fail to communicate with one another. High ranking officials within 
these bodies do not see wildlife protection as a priority (or profit 
from its continuance).  According to Dr. Pham Loi, Deputy Director 
General of the Institute for Law Science, GVN law enforcement 
officials consider the investigation of drug- or terrorism- related 
cases more important and focus their limited resources in these 
areas.  Additionally, many customs authorities lack the awareness 
and training to identify illegal wildlife shipments and invalid 
certificates. 
 
¶7. (U) Despite its weaknesses, according to statistics from the 
Supreme People's Procuracy, from 2000 through 2008, authorities 
initiated 600 formal wildlife crime investigations targeting 865 
persons, resulting in 481 prosecutions of 776 defendants. Reflecting 
the transnational nature of the problem, most prosecutions take 
place in provinces bordering China, Laos or Cambodia, especially 
Lang Son, Quang Ninh, Ninh Binh, Thanh Hoa, Nghe An, Dac Lak, Lam 
Dong and Tay Ninh. 
 
 
¶8. (U) Vietnamese officials face roadblocks to investigations and 
prosecutions.  A senior EPD official noted that the existing Penal 
Code does not allow his agency to temporarily arrest suspects, keep 
relevant exhibits or issue search warrants.  According to Nguyen Van 
Hien, Deputy Director of the Penal Legislation Department of the 
Institute for Law Science within the Ministry of Justice, although 
the GVN has issued many laws and decrees regulating wildlife crimes, 
many legal loopholes exist. For example, in violation of the CITES 
Convention, many farms have been established in Vietnam for captive 
breeding of bears, monkeys, and tigers (Ref C).  Yet, officials have 
not punished violators as these actions are not explicitly regulated 
in the existing Penal Code. Similarly, the Penal Code requires 
"serious consequences" or identifiable damages (in terms of value of 
the involved wildlife) be identified prior to authorizing 
prosecution. Unable to answer these questions, wildlife protection 
officials remained stymied.  Even when investigations lead to 
prosecutions and convictions, sanctions for wildlife crimes remain 
too small to deter violations. For the illegal exploitation of 
protected forests, natural resources and animals, fines range from 
around USD 300 to USD 3,000 - a small fraction of the profits 
offenders can enjoy from illegal wildlife trade.  Many prominent or 
well-connected violators avoid even these small fines.  Though 
Vietnamese law authorizes imprisonment, almost no violators ever see 
the inside of a jail cell. 
 
PALMER