Turner, Barry --- "Police liaison in the Americas" [2001] AUFPPlatypus 10; (2001) 71 Platypus: Journal of the Australian Federal Police, Article 1

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Police liaison in the Americas

By Federal Agent Barry Turner, senior liaison officer, Washington

The White House is only a short stroll from the Australia's Washington Embassy, the location of the AFP's liaison office.

The AFP has recently made a number of significant changes to the way it operates its overseas liaison officer networks. Among these changes is the division of the world into four regions of interest. The AFP's deployment to the continents of North and South America is now known as the Americas Region and currently there are liaison posts in Washington DC, Los Angeles, Buenos Aires and most recently, Bogota. While this arrangement provides for autonomy and flexibility in the way each post conducts its daily business, the senior liaison officer in Washington assumes a coordinating role to maintain an overview on activities.

The AFP office in Washington DC is in the Australian Embassy which is just a few city blocks from the White House. Two members and a locally engaged office manager staff the office. The post is one of two located in the USA with the other in Los Angeles which is similarly staffed. The Washington office, through the senior liaison officer is the regional coordinator responsible for coordinating the overall AFP mission to the Americas which includes Buenos Aires, Bogota and both US posts.

In this context it is important when looking at both North and South America through the eyes of global criminality as being an interconnected entity in its impact on Australia. It is for this reason that the four posts in the Americas operate as one seamless and flexible team.

Pictured at the April 2001 annual International Drug Enforcement Conference held in Santo Domingo, Dominican Republic are Clive Murray, SLO Buenos Aires, Lesley Wright, SLO Los Angeles, Barry Turner, Coordinator Americas, Washington and Gary O'Neill, SLO Bogota.

It is important to understand the connectivity between both the northern and southern continents both in terms of the criminal organisations in this part of the world and the holistic law enforcement response.

The AFP's Washington office was not the first to open in the US being beaten to the punch by the Los Angeles office. Both posts started back in the 1980s.

Washington DC is in some ways a misnomer in the sense that the actual city of Washington encompasses the District of Colombia and extends both north and south into the states of Maryland and Virginia. The population is almost 4.7 million people. In 1783 the US Government decided that a permanent capital was needed for the new nation having initially being seated in Philadelphia. The nation's first president, George Washington chose the specific location along the Potomac River and named the district after Christopher Columbus. The federal government first sat in Washington DC in 1800 a year after President Washington's death. President Washington was the only US president not to live in the White House, although his family home and property still exists as a heritage and tourist icon at Mt Vernon, a Washington suburb.

Washington DC's economic life is bound to the city's role as the federal capital. All of the US federal law enforcement agencies have their headquarters in DC. The first thing that visitors notice about the city is the absence of high-rise buildings. The tallest structure is the Washington monument; a large obelisk located in the expansive park known as the Mall which is flanked at either end of downtown by the US Capitol building to the east and the Lincoln Memorial to the west. Overlooking the Mall is the White House.

The city and surrounding areas abound with history. From the many memorials and Smithsonian institutes to the original home of General Robert E. Lee which sits imposingly overlooking Arlington Cemetery adjacent to the Pentagon building. A simple drive to and from work takes you past all of these icons and is one of the unique experiences of working in another country. To the south and west of the city are the famous civil war battlefields of Manassas, Bull Run and Friedricksburg with Gettysburg a short drive to the north. Slightly further to the west is the Shanandoah Valley. Washington is a beautiful city though the snow, ice and cold in winter makes even the worst Australian winter tame by comparison.

The Washington post staff pictured in front of the Australian Embassy are (left to right), Barry Turner SLO, Gaye Wright, Office Manager, Alastair MacGibbon, LO.

To work effectively in this part of the world the AFP's posts interact with numerous law enforcement agencies throughout the US, Canada, Mexico, the Caribbean and together with its South American offices some parts of Central America. In most instances there are clearly identified agencies with which the AFP works; with the US being somewhat of an exception.

In Canada the Royal Canadian Mounted Police (RCMP) is the one federal policing agency with a community, national and international role together with a number of State/Provincial and city police agencies servicing the country. The role of the RCMP is very similar to that of the AFP. Given this compatibility the AFP's relationship with the RCMP has evolved significantly in recent times. Both AFP posts in the US have responsibility for managing the day-to-day relationship with Canada and conduct a number of general and tactical inquiries. At the same time AFP agencies interact operationally on a direct basis between the respective headquarters. International Targeting and Coordination (ITAC) in AFP National Operations is the centre point of this arrangement and maintains a secure electronic communications capability direct with RCMP headquarters. This arrangement has, to date, proven to be highly effective.

With Mexico, the Caribbean and other countries in Central America the AFP's relationship is managed among the Americas posts overall. In most cases there are, but one or two major federal agencies with which the AFP conducts business.

In the US there are in excess of 18,000 law enforcement agencies. This makes the task of engaging US law enforcement an interesting challenge and certainly an environment which should be understood when seeking to conduct, inquiries or otherwise engage US agencies. There is, to put it simply, an agency for every law enforcement jurisdiction. It is a highly competitive environment with agencies competing for resources.

There is considerable effort put into coordination between agencies and even within this complex matrix it somehow seems to work. This unique environment has been the result of evolution and is tailored to the specific national needs of the US. It is also a fact that resources are not a significant issue, both in human and financial terms. Law enforcement budgets in the US are something to be dreamt of in Australia. There are many wonderful, professional and highly capable people working within the many agencies and some of the technological advances pioneered in this country make them hi-tech law enforcement pioneers in many ways.

The levels of accountability, professionalism and resolve are not dissimilar to the AFP's and it has been the experience to date for this post to receive tremendous cooperation from all of the allied agencies regardless of whether it is the US or the other neighbouring countries.

In so saying though it is also healthy to benchmark Australian law enforcement practices, both State and Federal by comparison. It could be argued that the tight fiscal times of the 1990s have made the AFP more effective and efficient, or at the very least leaner and meaner. Certainly the changes made within the AFP in recent years, both in personnel practices, structure, flexibility and intelligence driven operational direction have put it at the leading edge of international law enforcement. The type of changes undertaken by the AFP in the past five to seven years are now being adopted in many overseas jurisdictions.

This environment has, however, shaped the way in which the AFP approaches its mission in the US. The approach in working with US law enforcement agencies has been to identify key-working partners, as it is impractical and nor is it beneficial to attempt to have a working relationship with in excess of 18,000 law enforcement agencies.

In a similar vein, it is also important to remember that the AFP is a guest in the host country and must respect the specific roles of the various agencies. The approach in the US has been to develop relationships where ever appropriate, yet on a day-to-day basis to seek to work with key partners, mainly within the federal sector.

In very brief terms the following is a snapshot of some areas of responsibility for the better-known federal US agencies.

The Federal Bureau of Investigation

(FBI – 12,000 sworn agents) has a primary role in the investigation of organised crime, national security-terrorism, general crime, money laundering, people smuggling and cyber crime.

The Drug Enforcement Administration

(DEA – 3600 sworn agents) has the primary domestic and international role in all drug investigations and aligned money laundering.

The US Customs Service

(USCS – 11,000 sworn border officers and agents) has the primary role in money laundering, border drug interceptions and aligned investigation, cyber-crime, paedophilia and copyright-intellectual property violations.

The US Marshals Service

(USMS – 2800 sworn agents) has the role of locating wanted persons and apprehending fugitives. They also provide the witness protection program for the US.

The US Secret Service

(USSS – 3500 sworn agents) provides close personnel protection, undertakes currency investigations and also Internet-cyber crime, in particular where credit cards are involved.

The Alcohol, Tobacco and Firearms Bureau

(ATF – 2000 sworn agents) provides a national firearms tracing facility and conducts investigations into instances of Tobacco/Alcohol industry fraud, bombings and arson attacks.

The Immigration and Naturalisation Service

(INS – 17,000 sworn border officers and agents) are heavily involved in people smuggling investigations and the Internal Revenue Service (IRS – 3400 sworn agents ) conduct inquiries relative to illicit income and asset forfeiture. In many cases members from all of these agencies are brought together around the country in a number of specific taskforce arrangements.

The eight major agencies fall within two different portfolios. The FBI, DEA, USMS and INS are housed within the Justice Department while the USCS, USSS, ATF and IRS are within the Treasury Department. Add to this examples such as the US Postal Inspectors conducting Stock Exchange and drugs through the mail inquiries, the volume of NGOs and law enforcement entities such as the National White Collar Crime Centre, National Drug Intelligence Centre, EPA and the Internet Fraud Complaint Centre to name just a small few and it can be seen that the law enforcement matrix within the United States is anything but straightforward.

Another area of considerable assistance, which is available to the region, is access to the broader foreign law enforcement networks and by capitalising on a whole-of-government approach through other Australian agencies within the region. Scattered throughout the Americas are law enforcement liaison officers from countries such as the US, Canada, Germany, Spain, the Netherlands, Italy, France and the UK. In Washington DC alone there are law enforcement representatives from some 20 different countries. Within the Americas Region AFP members regularly draw on this valuable resource to assist Australian investigations in areas where the AFP is not represented.

A similar situation exists with partner agencies. Within the embassy in Washington DC and to a lesser degree throughout the Americas there are officers of the Australian Customs Service, Immigration, Defence and other Australian Government entities. The AFP's approach is to work in partnership with all of these agencies to ensure a complimentary approach and mutual assistance in the conduct of business. By example, the Australian Customs Service (ACS) maintains excellent contacts and working arrangements with its partner Customs colleagues throughout the Americas and the AFP regularly works with ACS on matters of joint interest. The AFP is able to draw on ACS' expertise as an extended team to provide added benefit to many investigations being conducted by both the AFP and its partners.

Coinciding with the start of the new millennium there have also been a number of significant changes in the way in which AFP overseas liaison network operates. The first major change was the establishment of four world regions. The AFP's deployment to North and South America is now known as the Americas Region with the SLO Washington DC assuming the role of regional coordinator. This arrangement provides for autonomy and flexibility in the way AFP members throughout the region conduct their daily business while ensuring a collegiate approach is adopted in attaining the AFP's international mission, resource dedication to priority identified threats and servicing internal and external clients.

The second major change was the installation of the AFP computer network throughout its overseas network. Gone are the days of solely communicating via the Foreign Affairs cable network, diplomatic bags or through secure e-mail transmission. Similarly the concept of drawing lines throughout a continent to identify a post's responsibilities are a thing of the past. The geographic offices located throughout the region are now part of the wider AFP team with all posts having access to team based case management through the Police Realtime Online Management Information System (PROMIS). This provides an ability to coordinate inquiries within host and third countries in a flexible, logical and coordinated fashion with an emphasis on value adding to investigative teams in Australia.

Already the benefits of adopting this approach have been seen. Numerous recent AFP operations including Shard, Everglade, Montego, Plutonium and Mackel have seen all of the offices in the Americas conducting complimentary inquiries with real-time input and retrieval of operational information. During Operation Avian-Friarbird the Washington liaison officer spent a number of weeks in Miami working on the ground with partner US agencies and attorneys. The provision of this truly global law enforcement approach with direct links to Australia saw success in terms of the arrest of an Australian and a Colombian national and the seizure of 800kg of compressed cannabis from the sailing vessel Samba. Instead of functioning solely through specific tasking requests and replies the members of the Americas team, through the NATOMC, now operate as virtual members of a global team with a similar effect as if they were sitting in Sydney, Melbourne or elsewhere.

The benefits include the ability to identify areas of inquiry the AFP is capable of undertaking in country which may be unknown to the team members back home. Working closely with law enforcement in country AFP members are able to exchange timely intelligence and act as the eyes and ears of the team working in tandem with the AFP's in-country partners. We have recently drawn on affidavits prepared by members back home, accessed through PROMIS, to immediately share with its counterparts to develop their own affidavits to assist investigations. This has covered everything from search warrants to electronic surveillance applications. Controlled operations can be undertaken with real-time input and retrieval of information and the avoidance of communication failures. These changes to work practices have given us the ability of removing the rhetoric from the concept of global policing and begin to make it a reality.

The future for this region is as exciting as it is an emerging challenge. It is no secret to anybody that cocaine importations into Australia have increased significantly in recent times. The AFP's recent decision to open an office in Bogota is one example of its response to this situation. With the assistance of the Law Enforcement Cooperation Program (LECP) alliances with partner law enforcement agencies (LEAs) throughout the America continue to be strengthened. Recently an intelligence working group arrangement with the US-DEA was entered into and the first bilateral exchange of intelligence analysts was undertaken. A detailed assessment of the criminality behind the cocaine trade as it impacts on Australia with a view to identifying future targeting opportunities will start soon. This will be undertaken in conjunction with partner LEAs throughout the Americas.

Cyber-crime has become the new crime of this millennium, either as a means to further old crimes or the emergence of new types of crime. The US is the home of the Internet with almost 75 per cent of the world's electronic traffic passing through the information corridors in Silicon Valley and the Dulles corridor in Washington DC. At the invitation of the FBI the first AFP member will soon undertake a secondment to the FBI National Infrastructure Protection Centre (NIPC). In conjunction with South Australia Police, the AFP recently arranged for a Supervisory Special Agent from NIPC to present at the International Policing Conference 2001. Developing a greater understanding in the conduct of these types of inquiries with US agencies and evidence/intelligence retrieval has been a recent priority of the Washington office.

While no overseas liaison officer would consider themselves an expert in all aspects of law enforcement in their host country, it is likely that their expertise in dealing with local authorities will be of great assistance to Australian-based investigations.

The liaison network is there to be used, however, all formal communications must be routed through the National Operations Monitoring Centre (NATOMC).