CHAPTER 2
INTERNATIONAL CONTROLS:
Many countries - especially the ones known for illicit heroin production - neither manufacture precursors nor have the capacity to do so. Since precursors have licit uses and are available for those purposes, illicit drug manufacturers obtain them by either diverting them from international trade or through smuggling. They only rarely produce precursors themselves. International control over precursors is, therefore, essential to prevent such diversion of precursors. The 1988 Convention provides the framework for international control and ensures:
✦ Some degree of harmony between the laws of different countries and
✦ Provide mechanisms for cooperation between different countries
To coordinate these activities, the Economic and Social Council requested Governments to identify a 'competent authority' for each country who serves as national nodal authority. The Competent Authorities also interact with their counterparts in other countries as well as international bodies such as the International Narcotics Control Board (INCB).

There are three UN Conventions, which deal with drug related matters:
✦ Single Convention on Narcotic Drugs, 1961
✦ Convention on Psychotropic Substances, 1971 and
✦ United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (hereinafter called 1988 Convention)

Although all these three UN conventions emphasized the need to regulate precursors, the 1988 convention has dealt with the subject in detail laying down the basic framework of control of precursors (Article 12). The article requires states to adopt legislative, regulatory and administrative measures they deem necessary to prevent diversion of precursors. Furthermore, trafficking should be an offence in that country's law. The convention requires parties to make it a criminal offence to manufacture, possess, transport, or distribute precursors or equipment with the knowledge that they are meant for illicit production or manufacture of drugs (Article 3). The convention also requires states to cooperate closely with one another (Article 9). What does 'co-operation' mean in practical terms? It means that:
✦ States should establish and maintain channels to facilitate rapid exchange of information.
✦ They should also cooperate in conducting enquiries.
The 1988 Convention also requires states to make effective use of the technique called controlled delivery (Article 11).

Role of international narcotics control board in precursor control:
The INCB established in 1968 is an independent quasi judicial body for monitoring the implementation of the drug conventions. It is independent of UN or governments.
Mandate: ensure adequate supplies for medical and scientific uses. Ensure no leakages occur. Identify weaknesses in national and international control systems and attempt to correct the situation. Assess chemicals used to illicitly manufacture of drugs for possible international control.
Article 12 of 1988 convention entrusts the board with monitoring the implementation by govt of control measures over such substances and assessing chemical substances for possible international control. The board reports to the commission on governments’ implementation of that article each year. The board assists govt in verifying the legitimacy of individual transactions involving precursors or essential chemicals to prevent their diversion. A data bank had been established to enable the INCB to make full use of the information furnished by govts, to prevent diversion.
It evaluates and supports the national efforts in this regard.
It enters into dialogue with govts, through regular consultations and through missions arranged in agreement with the govts.
It conducts training programmes for drug control administrators from developing countries.
It published annual report each year and submits to ECOSOC.

International Operations
There are international operations aimed at preventing the diversion of precursors.
Different countries and international bodies work in tandem in these operations. Three such operations namely Operation Purple, Operation Topaz and Project Prism have so far been launched.

Operation Purple
Operation Purple was launched in 1999 to monitor the international movement of shipments of potassium permanganate (the precursor used in the illicit production of cocaine) to minimize the scope for their diversion.

Thirty-one authorities and three international bodies - ICPO-Interpol, INCB, and WCO participate in this operation which is guided by a steering committee. India is an implementing state as well as a member of the steering committee. Central national authorities (CNAs) are designated under the operation to exchange intelligence on movements of potassium permanganate and monitor all shipments over 100 kg from the exporting countries till they reach their final destination.
Main goals:
Identify and intercept diversion attempts
Identify rogue companies and individuals
Gather intelligence on diversion methods
Gather intelligence on trafficking trends and shipping routes
Take administrative civil and /or criminal action as appropriate.
Evaluate the effectiveness of the plan
Gather intelligence on the licit and illicit use of potassium permanganate particularly in south America
Disseminate information to the competent authorities for assessment of applications for import/ export permits.
Role of CAN:
Exchange intelligence
Refuse permission
Respond to intelligence
Stop or seize
Initiate legal / administrative action
Period: 1999 to indefinitely. Phase I upto 1999, phase 2 upto 2000, phase 2b upto 2001 and rest indefinitely.
The operation has been successful as a result of which, illicit prices of potassium permanganate increased and the purity of cocaine has fallen.
India has only one unit manufacturing KMnO4. It is a major exporter of the item. Exporter has to submit details to commissioner. PEN is sent to importing country and INCB.

Operation Topaz
Operation Topaz was launched in 2001 to monitor the international movement of consignments of acetic anhydride over 100 kg against illicit production of heroin especially in Afghanistan. Forty-six authorities and three international bodies - ICPO-Interpol, INCB, and WCO participate while a steering committee monitors the operation. India is an implementing state as well as a member of the steering committee. International movements of consignments of acetic anhydride over 100 kg are monitored till they reach their final destination.
Objectives:
focus on international tracking of shipments of acetic anhydride
Detection and seizure.
Investigation into seizures to identify the traffickers
Identification of the points of diversion.
PEN is the principal tool employed by operation topaz.
Operational activities have resulted in the identification of trafficking routes of acetic anhydride from Europe to West Asia. Furthermore, the networks responsible have been dismantled and the individuals involved prosecuted.


Project Prism
Project Prism, the latest of the international initiatives, is designed to address diversions of five main precursors used in the illicit manufacture of ATS, namely,
(i) Ephedrine, Pseudo ephedrine
(ii) 3, 4-methylenedioxyphenyl-2-propanone,
(iii) 1-phenyl-2-propanone,
(iv) safrole . As well as the equipment used in such manufacture.
Project Prism is directed by a task force supported by two working groups-the Chemicals Working Group and the Equipments Working Group. Operational activities commenced in January 2003 with a focus being placed on specific time-bound regional operations. The project creates a network of CAN focused on ATS and their precursors and equipment to the project. In turn, they can obtain information on any similar patterns of diversion and illicit manufacture noticed elsewhere by others. The project also conducts intensive backtracking operations which facilitate easy identification of the source of precursors and equipment and the method of diversion. Techniques of smuggling etc. even if the consignments move across countries. Whenever any country stops a shipment follow-up action can be taken to identify the source and destination of drugs and the routes taken by the illegal consignments. The project also supported by a highly qualified specialized scientific group who can be requested for any technical help in identifying the source of precursors etc.

Chapter 3
Role of competent national authorities:
CAN are local points designated by each country who will ensure effective implementation of the precursor control regime mandated under the 1988 convention.
Issuing PEN to importing countries
Conducting enquiries in respect of notifications received from exporting countries
Real time interface with INCB and CA of other countries
Assistance in investigation
Furnishing of reports and returns to the INCB
Role in mutual legal assistance: [article 3] designate authority to execute requests for mutual legal assistance or to transmit them to the CA for execution.
Role in PEN: [ARTICLE 12] parties to notify the CA of the importing countries of any export trade of table 1 substances from their territory.
In international trade
Ensure PEN are issued wherever required
Verifying the antecedents of importers
Verifying the genuineness of the transactions
Determining whether a consignment should be stopped or allowed to proceed
Mutual legal assistance and sharing of information between the govts:
Purposes for which assistance can be sought:
Taking evidence or statements from persons
Effecting service of judicial documents
Executing searches and seizures
Examining objects and sites
Providing information and evidentiary items
Providing originals or certified copies of relevant documents and records including bank financial corporate or business records
Identifying or tracing proceeds property instrumentalities or other things for evidentiary purposes
Facilitating presence/ availability of persons in other country: upon request CA to facilitate or encourage to the extent consistent with their domestic laws and practice the presence or availability of persons including person in custody who consent to assist in investigations or participate in proceedings.
Designation of an authority for attending to requests/ communication for mutual assistance. Requests can be sent through diplomatic channels or through Interpol.
Information to be contained in the request:
The identity of the authority making the request
The subject matter and nature of the investigation, prosecution or proceeding to which the request relates , and the name and the functions of the authority conducting such investigation prosecution or proceeding
A summary of the relevant facts except in respect of request for the purpose of service of judicial documents
A description of the assistance sought and details of any particular procedure the requesting party wished to be followed
Where possible the identity location and nationality of any person concerned and
The purpose for which the evidence information or action is sought.
Use of information received under mutual legal assistance: for investigation prosecution other than those indicated in the request but only with the prior approval of the requested party.
Confidentiality of information: countries can keep the fact and substance of the request confidential except to the extent necessary to execute the request.
Execution / refusal of the request: a request shall be executed in accordance with and to the extent not contrary to the domestic law of the requested party. The convention mandates that a party shall not decline to render mutual legal assistance on the ground of bank secrecy.
Mutual legal assistance can however be refused on :
If a request is not made in conformity with the provision of article 7 of the convention
If the requested party considers that the execution of the request is likely to prejudice its sovereignty, securing public order or other essential interests
If the authorities of the requested party are prohibited by their domestic law from carrying out the action requested with regard to any similar offence.[ Had it been subject to investigation prosecution or proceedings under their own jurisdiction]
If it would be contrary to the legal system of the requested party relating to mutual legal assistance for the request to be granted.
Reasons are to be given for refusal of request.
If it is under investigation, prosecution or proceedings, request can be postponed.
Immunity to witnesses: a witness shall not be prosecuted detained punished or subjected to any jail in that territory in respect of acts omission or convictions prior to his departure from the territory of the requested party. Such safe conduct shall cease when the witness expert having had for a period of 15 days or for agreed period from the date on which he has been officially informed that his presence is no longer required by the judicial authorities, provided he was given an opportunity of leaving, but remained voluntarily behind or returned out of free will. On such return/stay, his immunity will cease.

Role of different agencies in preventing diversions
Different law enforcement agencies can help prevent and detect diversions of precursors.
Role of Customs Department
Since Customs officers regulate import and export of all consignments they can play an important role in preventing their diversion from international trade. They are also responsible for the prevention and detection of smuggling. In order to prevent diversions, custom officers should carefully examine documents related to import, export and transit consignments.

The following aspects should be checked in the documents:
✦ Was the mode of payment in conformity with normal commercial practice?
✦ Was there any unusual request for shipping or delivery?
✦ Are there any specific requests for packing / labelling / shipment that are not in conformity with normal commercial practice and/or means of transport?
✦ Does the transaction involve a combination of controlled chemicals, which can be used illicitly to manufacture a controlled drug?
✦ Does the order involve an unusual mixture containing a high content of a precursor chemical?
✦ Is the means of transport, for example by air, consistent with the value of the precursor chemical?
Answers to these questions can enable customs officers to narrow down suspicious consignments of precursor chemicals.
Role of the Excise Department or Department of Trade and Industry1
This department exercises control over the manufacturers of precursor chemicals. They inspect or audit, assess the production and examine records of clearance of goods of those manufacturing units that produce and use precursors. Any unusual increase in consumption of raw materials or any inexplicable drop in the production of finished products of a precursor manufacturing unit should be carefully scrutinized. The input or output ratio of such factories should be compared to other factories producing similar products. It is necessary to look for abnormalities that can, after investigation, lead to the detection of diversions.
Role of Police
Police have extensive networks and, therefore, can check consignments of precursors in transit within a national territory as this is one of the weakest links in the chain of control over precursors. Precursors stolen during transit are often sold to illicit operators along the highways who, in turn, sell them to the illicit drug manufacturers. Often, this takes place through a series of intermediaries. The presence of alert, trained police on roads and along highways can help in checking suspicious movements of precursor chemicals.
Role of the Regulatory Authority
The regulatory authority, by whatever name it is called in any country (e.g., the Narcotics Control Bureau in India), usually issues and receives pre-export notifications, verifies the legitimacy of transactions and co-ordinates with other countries.
This authority may also be responsible for educating the chemical industry and trade to the possible threat of diversion of precursors. An enlightened industry and trade can develop voluntary codes of conduct to prevent diversion of precursors. Any attempt to divert a precursor by a trafficker will almost always be first known to someone in the trade who can pass on such intelligence to the authorities.
Since training is vital to the efficacy of precursor control measures in a country, the regulatory authority should take the lead in organizing precursor-training programmes. It is necessary for enforcement officers as well as the trade to be involved in such training.
The regulatory authority should also maintain a national database on precursor chemicals. This would help exercise better control over precursors meant for both domestic and international trade.


Role of Border Guards
Almost all countries deploy guards along their borders for the security of the nation. These border guards form the first line of defence against the smuggling of both goods and persons and can help foil attempts to smuggle precursor chemicals.