San Marino

People

There is minimal evidence of human trafficking in San Marino. According to the Sammarinese government, the country’s small size, limited infrastructure and tiny population make it unattractive to criminal organizations associated with human trafficking. Nevertheless, trafficking is still believed to take place on a small scale, due to the country's proximity to the Romagna Riviera, an area affected by labour exploitation.

Although San Marino belongs to the Mediterranean region, one of the most-transited in the world for human smuggling, the country is not near any major human smuggling routes. The barriers to human smuggling in San Marino, in addition to the country's small size, include its landlocked nature and the lack of major ports or railways.

Trade

There is limited evidence of arms trafficking in San Marino. However, there is data showing an increase in transactions for legal arms, which suggests a potential opportunity for a future criminal market. In 2013, an investigation was launched into a trafficker with important connections in San Marino who was supplying weapons to mafia groups in Italy.

Environment

There is minimal evidence of environmental crimes in San Marino. However, Sammarinese companies may be involved in non-renewable resource crimes in Italy.

Drugs

San Marino is a destination country for the cannabis trade. Profits from this market are generally passed from domestic to foreign actors, particularly Italian mafia-style groups. However, if the country legalizes cannabis at some point, the existing profit structure may change. San Marino is a destination country for small quantities of heroin. Due to its geographic location, profits go to foreign actors (mafia-style groups and/or criminal networks) who have de facto control over Italy’s drug trafficking markets.

San Marino is also a possible destination country for a small cocaine market. Compared with the rest of the region, seizures tend to be insignificant – although there are indications that consumption may be higher than reflected by these seizures. In terms of the global synthetic drug market, San Marino is irrelevant. Even within the country, this market lags far behind other illicit drug markets.

Criminal Actors

There is scant information on domestic mafia-style groups operating in San Marino. Rather, mafia-style groups operating in San Marino stem from foreign countries, most notably Italy. Most of these groups revolve around one boss or family, whose surname they are known by. They are often not based in San Marino, but have operatives in the country whose purpose is to launder money earned from criminal markets abroad. There is evidence to suggest that Russian and Chinese organized crime networks could play a bigger role in San Marino in the future.

Because San Marino is used as a transit country for money laundering, loose organized crime groups and tax evaders have links to start-up businesses, investment funds and banks. There are allegations against state-embedded actors and investigations into the roles some politicians play in San Marino's criminal markets and their money-laundering operations.

Leadership and governance

San Marino's political leadership has not taken a firm stance against organized crime. It does not seem to be a topic for campaign rallies and political debates. While the country’s democratic process and the transition of power is smooth, independent and protected from criminal activities, its political system is not entirely free of organized crime. There have been reports of links between high-profile politicians and organized-crime groups. While San Marino does not have an independent anti-corruption body, the Sammarinese authorities have taken steps towards fighting corruption. However, state bodies are still insufficiently scrutinised and the Council of Europe has called for increased access to public information with regards to the judiciary.

San Marino has ratified a number of international treaties on organized crime; and, despite its small size, it has extradition agreements with several countries. One of the most important steps it has taken in the prevention of organized crime was the signing of a bilateral agreement with Italy in 2015. The agreement established a model of cooperation between the two countries, aimed at defending and preserving order and citizens’ safety. It also advocated joint activities and reciprocal assistance as a multifaceted and holistic approach to fighting terrorism, human smuggling, money laundering, arms and drug trafficking, and cybercrime.

On a national level, San Marino has very few laws that specifically criminalize organized crime related activities. While there are some provisions that deal with and regulate cases dealing with organized crime, the country's laws do not go into detail on the investigation, arrest, prosecution, adjudication and punishment of organized-crime groups.

Criminal justice and security

There are no specialized departments in the San Marino judiciary that deal with organized crime. However, the judicial system copes well with money laundering issues, and cooperates effectively with international authorities and other relevant bodies. Nevertheless, the judiciary appears vulnerable to political interference and accountability has been raised as an issue. The country has only one correctional prison facility, which is reportedly run according to high standards, with no evidence of corruption among prison personnel.

While San Marino's law enforcement agencies include a unit that has jurisdiction to combat organized crime, corruption and money laundering, there is no evidence of a proper intelligence apparatus in the country. With regard to territorial integrity, San Marino's borders with Italy are porous. Although the country is close to major criminal markets, it is not particularly vulnerable to their activities because of its small size and lack of major infrastructure.

Economic and financial environment

No criminal activities apart from money laundering appear to be prevalent in San Marino, and there are no specific sectors of the economy that are controlled by organized crime groups. Its weak banking sector makes the country vulnerable to money laundering. In the last few years, the country has sought to improve its legislation and policies around anti-money laundering. It has also signed memorandums of understanding with several countries regarding this topic, as it has realized that money laundering poses a major threat to its economy. Nevertheless, attempts to reform its banking system have proven to be a major challenge for San Marino's economy, and there are still gaps in its legal system that are a cause for concern.

Civil society and social protection

There is no evidence of substantial victim- or witness-support programmes in San Marino. Because of its small population, historically low levels of violence and the quasi-absence of domestic organized crime groups, the country has not felt pressured to build a stronger support system. The implementation of new regulations for the prevention of organized crime (related to San Marino's bilateral agreement with Italy) is still at an early stage. Because organized crime is not particularly prevalent in the country, non-state actors do not play a big role in combating criminal activities. However, anti-mafia groups from the nearby Emilia-Romagna region of Italy have a presence in San Marino.

There are several media outlets that cover financial crimes and the judiciary in San Marino, but there have been no reported attacks on journalists, media houses or civil society activists. However, San Marino has strict defamation laws, which threaten journalists with civil damages and fines. As a result, journalists may be inclined to self-sensor.