Firearms Trafficking: U.S. Efforts to Combat Arms Trafficking to Mexico Face Planning and Coordination Challenges

The Departments of Justice and Homeland Security both agreed with our recommendation. ATF and ICE signed a new Memorandum of Understanding on June 30, 2009, that clarifies the agencies' roles with respect to arms trafficking investigations and allows for changes to the MOU. According to the ATF, since that time ATF and ICE have collaborated on many investigations involving the trafficking of arms and meet regularly to discuss ongoing issues related to interagency efforts to stem the flow of weapons to Transnational Criminal Organizations operating in Mexico. According to ICE, the two agencies now have outstanding cooperation and information sharing. Further, ICE has also developed a framework for monitoring implementation of this MOU by regularly soliciting information from ICE offices on any coordination issues that could not be resolved under the MOU and sharing this information with ATF.

The Departments of Justice and Homeland Security both agreed with our recommendation. ATF and ICE signed a new Memorandum of Understanding on June 30, 2009, that clarifies the agencies' roles with respect to arms trafficking investigations and allows for changes to the MOU. According to the ATF, since that time ATF and ICE have collaborated on many investigations involving the trafficking of arms and meet regularly to discuss ongoing issues related to interagency efforts to stem the flow of weapons to Transnational Criminal Organizations operating in Mexico. According to ICE, the two agencies now have outstanding cooperation and information sharing. Further, ICE has also developed a framework for monitoring implementation of this MOU by regularly soliciting information from ICE offices on any coordination issues that could not be resolved under the MOU and sharing this information with ATF.

In response to the GAO recommendation, DOJ said ATF currently compiles and publishes trace data regarding firearms seized and traced by law enforcement agencies within the U.S., and also firearms recovered in Mexico. ATF currently provides summary trace data to U.S. law enforcement agencies with regard to firearms that each particular agency seizes and traces. In addition, ATF produces two annual reports that provide aggregate firearms trafficking data and trend analyses with information specific to arms trafficking to Mexico.

In correspondence from April 2011, the Department of Justice (DOJ) agreed with this recommendation in GAO's report and provided details on how DOJ along with DHS has implemented this recommendation. In correspondence from May 2011, DHS corroborated the information provided by DOJ and agreed with DOJ that the recommendation has been implemented. On August 13, 2009, DOJ signed a letter of intent with DHS and the Mexican Attorney General to develop a coordinated and intelligence driven response to the threat of cross border smuggling and trafficking of weapons and ammunition. On June 30, 2009, ATF and ICE updated a MOU that addresses how the two agencies will work together on investigations of international firearms trafficking and possession of firearms by illegal aliens. According to DOJ, this MOU provides a framework for both agencies to share intelligence and conduct investigations and will help ensure that the resources of both agencies are utilized in a more efficient and coordinated manner. DOJ also said that on June 18, 2009, the Drug Enforcement Agency (DEA) and ICE entered into a MOU that memorializes both agencies' commitment to information sharing. Under this MOU, ICE will participate fully in both the Organized Drug Enforcement Task Force Fusion Center and the DEA Special Operations Division. The Fusion Center is a comprehensive data center that provides intelligence and investigative support to ATF, DEA, the Federal Bureau of Investigation and the Internal Revenue Service, among others. All investigative reports, records and subject indexing records from open and closed investigations, including those related to weapons will be shared. According to DOJ, since their initial response to our report, ATF has established a robust working relationship with the newly created Border Intelligence Fusion Section that is managed by DHS. ATF routinely shares information and intelligence with ICE, such as intelligence bulletins and monthly open source reports, detailing firearms trafficking trends and related intelligence. ATF and ICE are also coordinating a joint, bi-national firearms trafficking assessment which evaluates the nature and scope of the issue within the U.S. and Mexico.

In correspondence from April 2011, the Department of Justice (DOJ) agreed with this recommendation in GAO's report and provided details on how DOJ along with DHS has implemented this recommendation. In correspondence from May 2011, DHS corroborated the information provided by DOJ and agreed with DOJ that the recommendation has been implemented. On August 13, 2009, DOJ signed a letter of intent with DHS and the Mexican Attorney General to develop a coordinated and intelligence driven response to the threat of cross border smuggling and trafficking of weapons and ammunition. On June 30, 2009, ATF and ICE updated a MOU that addresses how the two agencies will work together on investigations of international firearms trafficking and possession of firearms by illegal aliens. According to DOJ, this MOU provides a framework for both agencies to share intelligence and conduct investigations and will help ensure that the resources of both agencies are utilized in a more efficient and coordinated manner. DOJ also said that on June 18, 2009, the Drug Enforcement Agency (DEA) and ICE entered into a MOU that memorializes both agencies' commitment to information sharing. Under this MOU, ICE will participate fully in both the Organized Drug Enforcement Task Force Fusion Center and the DEA Special Operations Division. The Fusion Center is a comprehensive data center that provides intelligence and investigative support to ATF, DEA, the Federal Bureau of Investigation and the Internal Revenue Service, among others. All investigative reports, records and subject indexing records from open and closed investigations, including those related to weapons will be shared. According to DOJ, since their initial response to our report, ATF has established a robust working relationship with the newly created Border Intelligence Fusion Section that is managed by DHS. ATF routinely shares information and intelligence with ICE, such as intelligence bulletins and monthly open source reports, detailing firearms trafficking trends and related intelligence. ATF and ICE are also coordinating a joint, bi-national firearms trafficking assessment which evaluates the nature and scope of the issue within the U.S. and Mexico.

In response to the GAO recommendation, DOJ noted that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) compiles and publishes trace data regarding firearms seized and traced by law enforcement agencies within the U.S., and also firearms recovered in Mexico. According to DOJ, ATF currently provides summary trace data to U.S. law enforcement agencies with regard to firearms that each particular agency seizes and traces. In addition, ATF produces two annual reports that provide aggregate firearms trafficking data and trend analyses with information specific to arms trafficking to Mexico. According to DHS, Immigration and Customs enforcement (ICE) law enforcement systems also can capture, track, and provide statistical information on all ICE investigations as well as associated seizures and enforcement actions against individuals linked to criminal behavior.

In response to the GAO recommendation, DOJ noted that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) compiles and publishes trace data regarding firearms seized and traced by law enforcement agencies within the U.S., and also firearms recovered in Mexico. According to DOJ, ATF currently provides summary trace data to U.S. law enforcement agencies with regard to firearms that each particular agency seizes and traces. In addition, ATF produces two annual reports that provide aggregate firearms trafficking data and trend analyses with information specific to arms trafficking to Mexico. According to DHS, Immigration and Customs enforcement (ICE) law enforcement systems also can capture, track, and provide statistical information on all ICE investigations as well as associated seizures and enforcement actions against individuals linked to criminal behavior.

The Department of Justice (DOJ) provided information on how it has implemented this recommendation. State concurred with DOJ that the recommendation had been implemented as DOJ reported. In December 2009, ATF disseminated eTrace in Spanish to Mexican law enforcement agencies. In October 2010, the Mexican Attorney General and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) signed an MOU whereby Mexico agreed to comprehensively trace all recovered firearms through ATF's eTrace system. ATF has also agreed to provide access to the eTrace system, and further provide training to designated Mexican law enforcement personnel in the use of eTrace. Since the signing of the MOU, ATF has trained over 130 Mexican personnel in six classes with two additional classes scheduled for the remainder of 2011.

The Department of Justice (DOJ) provided information on how it has implemented this recommendation. State concurred with DOJ that the recommendation had been implemented as DOJ reported. In December 2009, ATF disseminated eTrace in Spanish to Mexican law enforcement agencies. In October 2010, the Mexican Attorney General and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) signed an MOU whereby Mexico agreed to comprehensively trace all recovered firearms through ATF's eTrace system. ATF has also agreed to provide access to the eTrace system, and further provide training to designated Mexican law enforcement personnel in the use of eTrace. Since the signing of the MOU, ATF has trained over 130 Mexican personnel in six classes with two additional classes scheduled for the remainder of 2011.

In a June 2013 letter, ONDCP outlined steps it had taken in response to GAO's recommendations and provided examples of how ONDCP had implemented these recommendations in its 2013 National Southwest Border Counternarcotics Strategy. These included identifying needs, such as improving information sharing related to weapons trafficking, increasing the interdiction of illicit weapons shipments to Mexico, and enhancing cooperation with international partners. The 2013 strategy sets the strategic objective of stemming the flow of illegal weapons across the Southwest border into Mexico and actions for addressing needs related to this objective, such as expanding intelligence-driven interdiction of illicit weapons shipments destined for Mexico through multi-agency investigative efforts, partnering with the Government of Mexico in bilateral investigation and interdiction activities to identify and dismantle criminal weapons-trafficking networks, and assigning U.S. criminal investigators to locations throughout Mexico. The strategy leverages the expertise of relevant agencies by clearly identifying the agencies/components responsible for carrying out each objective. The strategy also establishes a measurable indicator for assessing progress toward this objective--specifically, the number of firearms seizures with a nexus to Mexico. The strategy outlines resources that will be provided, such as additional staffing, and establishes mechanisms to facilitate information sharing and coordination across agencies. ONDCP established the Southwest Border Executive Steering Group as an ongoing strategy review mechanism that meets several times each year to assess progress. In preparation for these meetings, ONDCP requests that each agency produce a written assessment--for review by ONDCP and other agency participants--of its progress in implementing the strategy's supporting actions. By incorporating these improvements into its 2013 National Southwest Border Counternarcotics Strategy, ONDCP has addressed the weaknesses GAO found in 2009 and implemented the recommendation made in GAO-09-709.