Regulations and Legislation The Background

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Regulations and Legislation The Background

• Gabriel Denvir, Home Office

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Basic outline

• United Nations Conventions
• EU law
• National Law.

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The United Nations Drugs Conventions a
framework for international drug control
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The 1988 Convention article 12

• The Parties shall take the measures they deem
  appropriate to prevent diversion of substances in
  Table I and Table II used for the purpose of
  illicit manufacture of narcotic drugs or
  psychotropic substances, and shall co-operate
  with one another to this end.

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What article 12 requires

• Parties must
• Set up systems to monitor trade in close
  co-operation with the various actors involved in
  it
• Provide for seizure of substances
• Warn other parties about suspicious imports or
  exports
• Require imports and exports to be properly
  documented.

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What article 12 allows

• Parties may
• Control people and enterprises that make or
  distribute the substances
• Control by licence the places where manufacture
  and trade takes place
• Require licence holders to obtain a permit to
  manufacture or trade in the substances
• Limit the amount of the substances that can be
  held by manufacturers or traders.

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How substances get controlled - bureaucratic
process

• Recommendation to the International Narcotics
  Control Board (Convention compliance policing
  body)
• Board recommendation to the Commission on
  Narcotic Drugs (the UN drugs parliament)
  taking into account scientific matters and the
  extent, importance and diversity of the licit use
  of the substance
• Commission decision (at annual meeting).

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The 88 Convention article 13

• The Parties shall take such measures as they
  deem appropriate to prevent trade in and the
  diversion of materials and equipment for illicit
  production or manufacture of narcotic drugs and
  psychotropic substances and shall co-operate to
  this end.

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Criminal Justice (International Co-operation)
Act 1990 Part II

• The Vienna Convention
• Substances useful for manufacture of controlled
  drugs
• 12. Manufacture and supply of scheduled
  substances
• (1) It is an offence for a person--
• to manufacture a scheduled substance or
• to supply such a substance to another person,
• knowing or suspecting that the substance is to be
  used in or for the unlawful production of a
  controlled drug.
• (2) A person guilty of an offence is liable
  -
• (a) on summary conviction, to imprisonment for a
  term not exceeding six months or a fine not
  exceeding the statutory maximum or both
• (b) on conviction on indictment, to imprisonment
  for a term not exceeding fourteen years or a fine
  or both.

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European Union Legislation why?

• Drug precursors are licit goods licitly traded
• Control on them is a barrier to free trade
• Single market requires equality of trading
  conditions throughout the EU.

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European Union Legislation what?

• Has existed since 1990
• Effectiveness review 2002
• Concluded system was working, but was operating
  unevenly and not to its full potential
• New legislation .
• Council Regulation (EC) No 111/2005 of 22
  December 2004 on drug precursor trade between the
  EU and 3rd countries
• Regulation of the European Parliament and of the
  Council (EC) No 273/2004 on internal EU trade in
  drug precursors)
• Commission Regulation (EC) No 1277/2005 of 27
  July 2005 providing procedural rules

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European Union Legislation - new vs old the
main changes

• Obligation on traders to report suspicious
  transactions
• (previously voluntary disclosure)
• Operators to hold a licence to possess some
  substances
• (replaced requirement for licence to place on
  the market)
• New requirement to obtain a licence for the
  permanent importation of most sensitive
  substances
• (those key to illicit drug manufacture).
• For more details, see Serina Hannons presentation

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Conclusion

• A hard task diversion is easy drug producers
  endlessly inventive
• Law is the framework, not the key
• Key is good co-operation and communication
  between law enforcement and agencies.