precursor concept PPT notes

• 
  Precursor conceptIndian scenario
  Sharada Avadhanam
  i/c DD[FS]
  Course Director
  
• Definitions:
  Precursor: is a material that is specific and critical to the production of a finished chemical. It is incorporated into the drug [ end product] molecule itself and it contributes to a major portion of the final molecular structure of the drug. The term immediate precursor is usually applied to precursors which are only one reaction step away from the end product. Ephedrine is precursor to methamphetamine.
  
• Essential chemical: an essential chemical that takes part in a reaction and contributes to a minor portion of the end product’s molecule. It is a very widely used as a reagent solvent or catalyst for chemical reactions. Certain essential chemicals may also be used as precursors. Acetic anhydride is a reagent for cocaine synthesis and a precursor for heroin, meth and methaqualone.
  
• Definitions..
  Reagent: a reagent is a chemical used to produce a reaction generally with one or more precursors. It contributes to only a very small portion of the end product, if any. To produce a given reaction, numerous reagents may be substituted for one another. E.g. HCl. KMnO4, H2SO4.
  
• Solvent: a solvent is a liquid used to solubilize reagents and is used as a carrier during a reaction. It does not react and is not incorporated into the drug’s molecular structure. It is also used to purify the end product. E.g.: acetone solvent for amphetamine; cocaine, heroin, MDMA
  
• Catalyst: a catalyst is a substance that enables a reaction to take place more rapidly. It may increase the yield of the end product without however becoming part of the latter’s composition. Catalysts are generally used in small quantities.
  
• South Asia..
  Flanked by
  South west Asia – production of smoking grade heroin – Golden Crescent – Pakistan Afghanistan
  South east Asia – injectible white heroin and amphetamines – Golden Triangle.- Myanmar , Thailand .
  Both lack in capabilities to produce precursor chemicals
  
• South Asia
  Has vibrant chemical industry which manufactures most of the chemicals needed which also have a licit use.
  Hence drugs like ephedrine pseudo ephedrine and acetic anhydride are smuggled from South Asia to these countries for illicit use.
  
  
• Precursor project..
  January 1996
  Regional project for control of precursor chemicals was launched by
  UN international Drug Control Programme – ROSA
  Covering SAARC countries – India, Pak, Nepal, Bhutan, Bangladesh, Srilanka, Maldives
  
• Need-a comprehensive strategy.
  To increase awareness about precursor chemicals and their control among law and policy makers in project countries.
  Precursor control legislation doesn't even exist in some countries
  Legislation needs strengthening in some countries
  Shortage of trained law enforcement officers to deal with global, regional and national trends in diversion of precursor chemicals
  
• Precursor control
  International strategy to reduce availability of drugs
  Denies traffickers access to chemicals to produce illicit drugs
  
• Drugs classification
  Natural – opium, coca , cannabis, marijuana , hashish.
  Semi synthetic – heroin, cocaine
  Synthetic drugs – ATS, Mandrax, MDMA [Ecstasy], MDE, MDA.
  Most abused are synthetic or semi synthetic
  Cannot be made without precursor chemicals
  
• Name..
  Essential chemicals in trade and industry
  =
  precursor chemicals in drug control parlance.
  No chemical = no drug
  Dual use..
  Licit 90% use
  Illicit 10% use
  
• Ephedrine – cough syrup and methamphetamine
  KMn04 – purify water- use in coca paste
  Acetic anhydride – pharma, textile, leather and heroin
  Control has to allow licit use without hindrance
  And yet find ways to deny supply to illicit use.
  No ban but regulate
  
• International framework..
  UN
  Convention on ND 1961
  Convention on PS 1971
  Convention of precursors 1988
  
• 1988 CONVENTION
  TWO TABLES OF PRECURSORS
  Originally 12 in both tables to 23 presently
  14 in table 1
  9 in table 2
  
• Tables..
  
• Important elements of control regime..
  Establishment of acts relating to precursor chemicals as criminal offence - 3
  International cooperation and training - 9
  Controlled delivery - 11
  Legislative regulatory administrative measures to monitor domestic and international trade -12
  Measures to free ports and free trade zones- 18
  Stricter measures than prescribed -24
  
• Article 3. offence ..
  Under domestic law
  Manufacture
  Possess
  Transport
  Distribute
  Equipment
  Materials
  Substances
  Listed in table 1 and 2
  Knowing the illicit purpose [mens rea]
  
• Article 9 – international cooperation and training..
  Real time / fast Channels of communication
  Cooperate in conduct of enquiries
  Allow joint operations
  Samples for analysis and investigation
  Effective coordination
  Exchange of personnel
  R&D
  training
  
• Article 11 controlled delivery
  Controlled delivery where appropriate at international level
  On mutual arrangements and agreements
  On case by case basis
  Controlled delivery At international level [Article 11: 1988 convention]
  It is a technique of allowing passage of illicit or suspect consignments
  Consignments have to be of contraband -NDPS or precursor chemicals. The contraband may be substituted.
  Passage may be allowed out of /through or into the territory of one or more countries
  Passage is allowed with the knowledge and under the supervision of CA
  resorted to in order to identify persons involved in the trafficking.
  permissible under Indian law
  allowing illicit or suspect consignments of NDPS for them to pass out or through or into the territory of India with the knowledge and under the super vision with a view to identifying the persons involved in the commission of an offence under this act.
  
• CD..
  The technique of controlled delivery is gradually gaining greater acceptance world over. Due to:
  Drug trafficking including diversion of precursor chemicals has become a truly transnational organized crime. It needs international cooperation and action of CA in tandem
  Trafficking in controlled substances is carried out in such a manner that safe ‘cutouts’ are provided-for to frustrate the progress of investigation beyond certain point. Controlled delivery alone can best unravel the chain beyond a ‘cutout’ point.
  A carrier of contraband prematurely is intercepted, even if he knows, may not disclose his links during interrogation or may even misleads. Controlled delivery may lead to uncovering of such links in the chain.
  
• Types of controlled deliveries:
  The type is case - wise.
  classified on the basis of whether CD is
  without the knowledge of the carrier / person or
  with his knowledge and cooperation.
  
• The cold convoy
  without the knowledge of the carrier of the contraband is called the ‘cold convoy’.
  Eg: cargo or carried as cabin or unaccompanied baggage.
  
• Article 12 monitoring mechanism
  Monitor domestic manufacture and distribution
  Through a system of
  Licenses and permits
  System to monitor international trade in precursor chemicals
  Seizure if evidence of illicit use
  PEN – pre export notification to importing country and transit country
  Monitor at domestic level
  
• Control all persons and companies engaged in manufacture and distribution of table 1 and 2 substances
  Require license for premises for manufacture or distribute of table 1 /2
  Permit to manufacture / distribute
  Prevent accumulation beyond normal need
  
• In India, there is no License Permit Raj, only record based control on day to day activities , reporting of shortages and quarterly reports.
  Storage and transport permit if within 100 km of indo Myanmar border and 50 km of indo pak border.
  Srilanka, Bangladesh, Nepal, Bhutan border excluded
  
• Monitor international trade
  System to monitor international trade and identify suspicious transactions
  Seize if evidence of illicit use
  Notify competent authorities concerned
  Ensure proper labelling and documentation of commercial docs – invoice, cargo manifest, customs docs, transport docs. Shipping docs – give correct name of substance as in tables- give name of importer and consignee
  Preserve docs for 2 years
  Notify the competent authority of importing country for table 1 or 1 and 2 substances as requested by the importing country.
  
• Article 18 Free Trade Zones and Free Ports
  Apply equally stringent measures
  In FTZ and free ports
  As in other areas of the country
  Monitor movement of goods / persons
  Empower CA to search cargo, vessels, aircraft, vehicles, persons
  System to detect suspected consignments passing in / out
  Establish surveillance system in harbour and dock areas.
  
• Article 24 stricter measures than prescribed..
  
• Article 12 – para 10[a] – requires parties to notify issue of PEN only for table 1
  Many countries have notified tables 1 and 2 including india.
  INCB mandate
  Licit –ensure adequate supply
  Stop leakages
  Estimates system for ND
  Voluntary assessment system for PS
  Statistical returns for international trade
  Monitor govt control over NDPS/ precursors
  Assist govts
  
• INCB
  ILLICIT
  Identify weakness in national and international control systems
  Correct
  Assess chemicals used to illicitly manufacture drugs for possible international control.
  INCB
  Established a data bank to control and monitor international trade in precursors
  Dialogue with govts
  Training programs
  Regional training seminars
  Role in UN
  Competent national authority
  Issue PEN
  Conduct enquiries on notifications received for exporting countries
  Real time interface with INCB/CA of other countries
  Assist in investigation
  Furnish reports and returns to INCB
  Role in mutual legal assistance
  
• Article 7 – offer widest measure of mutual legal assistance in investigation prosecution and judicial proceedings.
  Designate authority to execute requests for mutual legal assistance or to transmit them to CA for execution
  Role in PEN
  PEN important tool in diversion of precursors
  Ensure PEN issued wherever required
  Verify the antecedents of importers
  Verify the genuineness of transactions
  Determine whether a consignment should be stopped or allowed to proceed.
  
• Mutual legal assistance .. For..
  Taking evidence or statements
  Effecting service of judicial docs
  Execute search seizure
  Examine objects sites
  Provide info and evidence items
  Provide originals certified copies of relevant docs/bank records
  Identify / trace proceeds property instrumentalities for evidence
  Facilitate availability of persons in other country to assist investigation
  with guarantee of immunity from proceedings.
  Info to be contained in a request for mutual legal assistance
  identity of authority making request
  Subject matter and nature of investigation prosecution proceedings
  Name and functions of authority conducting such investigation etc
  Summary of relevant facts except in case of service of judicial docs
  Description of assistance sought
  Details of procedure to be followed
  Identity location nationality of person concerned
  Purpose for which evidence info or action sought
  
• India..
  India:Precursor control laws are:
  1. Customs act 1962
  2. NDPS act 1985
  3. Foreign trade [development and regulation] act 1992.
  
• Section 11-1 of the customs act empowers state to specify goods which are restricted in areas prone to smuggling and the areas in which the goods are specified. Acetic anhydride has been brought under the control of this section in an area of 100 km along indo Myanmar border in 1988 and has been notified in an area of 50 km along indo pak border in 1991. i.e.
  Anyone acquiring acetic anhydride whose value exceeds Rs.15000/= should beforehand intimate the jurisdictional customs officer about the proposed place of storage.
  Transportation within the areas should be accompanied by transport voucher
  anyone possessing acetic anhydride of value above Rs.15000/- should maintain accounts
  Shortage of acetic anhydride presumption that the quantity found short was illegally exported.
  Except in case of payment by cheque seller/ transferor to take the signature and full address of the buyer.
  The seller has to satisfy himself regarding the identity of the buyer in case of fictitious buyer presumption that acetic anhydride has been illegally exported.
  
• NDPS act 1985:
  Precursors are called controlled substances.
  
• S/9A empowers the govt to issue an order prohibiting or regulating the production manufacture supply and distribution thereof and trade and commerce of any of the controlled substances.
  
• S/25A prescribes a punishment of upto 10 years and fine of Rs.100000/- for any violation of an order issued under s/9A.
  
• Five precursors notified as controlled substances: Acetic anhydride; N acetyl Anthranilic acid; Ephedrine; Pseudo ephedrine; Anthranilic acid
  
• one order issued under s/9A- introduces a record based control over the precursors. i.e.
  
• All to maintain a daily record of activities. ; send quarterly returns- NCB [form 4/5]
  
• Loss be reported .
  transported only accompanied by a consignment note or by a bill of entry .
  
• All tankers - sealed with tamper proof seals.
  
• If transported from one zone to another- send a quarterly return [form 6] .
  
• The seller - sell only after the buyer established his identity ..
  
• All container be truth fully labelled.
  
• Schools colleges, universities, govt institutions, science societies and hospitals are exempt form maintaining records and sending reports.
  
• All records preserved for two years.