MINUTES OF THE SPECIAL GROUP OF THE GROUP OF EXPERTS ON MARITIME DRUG TRAFFICKING I n t he c i t y of Lima, at 9 a.m. on Monday, June 16, 2014, in the Corporate Hall Room III in the Sol de Oro Hotel and Suites, located in Miraflores District, Department of Lima, capital of the Republic of Peru, as called for by the meeting of the Group of Experts on Maritime Drug Trafficking held from June 24 through 27, 2013, in the city of Lima, Peru; and the decision made by the 54 th regular session of the Inter-American Drug Abuse Control Commission of the Organization of American States (CICAD-OAS), held from December 11 through 13, 2013, in the city of Bogotá D.C., Colombia, a special expert group of the Group of Experts on Maritime Drug Trafficking met to evaluate and update the Questionnaire of the Hemispheric Study on Maritime Drug Trafficking of 2003, reviewed by the chair, occupied by Peru in 2014, which will lead to specific actions to update that Hemispheric Study. l. BACKGROUND In 2003, the CICAD-OAS Commission directed the Executive Secretariat to undertake a study of maritime drug trafficking in the Hemisphere, which was done that year. During the meeting of the Group of Experts on Maritime Drug Trafficking held in the city of Buenos Aires, Argentina, from July 16 through 20, 2012, a delegation proposed that the Group of Experts on Maritime Drug Trafficking update that study. The Inter-American Drug Abuse Control Commission (CICAD) considered and approved this report at its 52 nd regular session, held in the city of San José, Costa Rica, from November 28 through 30, 2012. The Commission approved the proposed Plan of Action and decided that the Working Group would meet in 2013. The Government of Peru offered to host and chair the next meeting. The Group of Experts on Maritime Drug Trafficking met from June 24 through 27, 2013, in the city of Lima, Peru, to evaluate the current status of maritime drug trafficking in the Hemisphere and projected trends, and to determine the member states capacity to respond to it. The Group decided that the results of that process would be used to develop the questionnaire or other appropriate instrument to gather data from the member states to prepare the study. The Executive Secretariat was instructed to use elements from the questionnaire of the 2003 study and other information to prepare a draft questionnaire that would then be distributed to the members of the Group of Experts for comment. The final draft of the questionnaire would then be distributed to the member states, and when the responses are in, the study would be updated. 1-7
It was also agreed that CICAD s Supply Reduction Section, in coordination with the chair held by Peru, would propose to the countries a plan for steps to update the Hemispheric Study on Maritime Drug Trafficking. With the results of this consultation, Peru was to convene a meeting of the special working group in the first half of 2014 to take the necessary measures for preparation of the study and/or the report. The results would be presented at the next meeting of the Group of Experts in 2014, which will be held in Cartagena, Colombia, from September 8 through 11, 2014, as posted on the website of the Organization of American States. During the 54 th regular session of the Inter-American Drug Abuse Control Commission of the Organization of American States (CICAD-OAS), held from December 11 through 13, 2013, in the city of Bogotá D.C., Colombia, the chair made a presentation on the work of the Group of Experts on Maritime Drug Trafficking and the report of its last meeting (CICAD/doc.2043/13). The presentation included a summary of the materials prepared, and the plan of action proposed for the Commission s consideration and approval. The Commission approved the report of the Group of Experts, including its recommendations, documents, and plan of action, directed the group to meet during 2014, and elected Colombia to chair the Group of Experts for the 2014-2015 period. At the request of the CICAD Executive Secretariat and the chair, the Permanent Mission of Peru to the Organization of American States sent invitations to the following countries to participate in this meeting Brazil Chile Colombia Ecuador United States Mexico Panama II. PROCEEDINGS A. PARTICIPANTS The participants were delegations representing Brazil, Colombia, the United States, and Mexico, as well as representatives of various government agencies of the Republic of Peru: the Drug Control Directorate of the Ministry of Foreign Affairs, the National Commission for Development and Life without Drugs (DEVIDA), the National Port Authority (APN), the National Superintendency of Customs and Tax Administration (SUNAT), and the 2-7
General Directorate of Harbormasters and Coast Guard (DICAPI); as well as representatives of the Executive Secretariat of the Inter-American Drug Abuse Control Commission of the Organization of American States (CICAD-OAS). B. ORGANIZATION OF THE MEETING l. Inaugural session At the opening session, Peruvian Navy Captain José REGALADO Zegarra, representing the Director General of Harbormasters and Coast Guard, welcomed the foreign delegations participating and explained the efforts that Peru has undertaken in its direct attack on illicit drug trafficking, especially on navigable waters, in an attempt to eradicate that illegal activity that hurts the Hemisphere. He stressed the importance of the current meeting and urged the participants to seek insofar as possible to comply with the commitment entrusted by CICAD- OAS, which is the updating of the Hemispheric Study on Maritime Drug Trafficking of 2003. Next, the delegations were welcomed by Mr. Alberto OTÁROLA Peñaranda, Executive President of the National Commission for Development and Life without Drugs (DEVIDA). He expressed his appreciation for the confidence placed in Peru as the venue of this important event, and underscored Peru s commitment to combat illicit drug trafficking in the country, reflected in the actions on all fronts as called for in the National Anti-Drug Strategy, which seeks to eradicate drug trafficking. 2. Working sessions 2.1 Presentations In the discussion following the presentation of the work of updating the Questionnaire of the Hemispheric Study on Maritime Drug Trafficking of 2003, done this year by the chair held by Peru together with representatives of government agencies involved in the fight against illicit drug trafficking, various aspects of this study were clarified. Members of the group commented on the study s importance and the need to update its information after 10 years. Mr. Ziggie MALYNIWSKY, Chief of CICAD s Supply Reduction Section, explained in general terms the Hemispheric Study of 2003, how it was organized and how it was done. He indicated the topics of the study that it would be pertinent to update. 2.2 Discussion The Delegation of Brazil objected to the inclusion of the expression navigable waters in the text of the Questionnaire of the Study on Maritime Drug Trafficking ; the Delegation of Brazil also objected to the use of any term that would broaden or change the meaning of maritime drug trafficking as defined 3-7
in the Hemispheric Study of October 28, 2003, without prior consent of the CICAD member countries. The Delegation of the United States of America said that it did not think it necessary to update the 2003 questionnaire because there are many recent evaluations of maritime drug trafficking, and because the Multilateral Evaluation Mechanism makes biannual assessments of all drug programs of all OAS countries. The United States Delegation said that the Group of Experts on Maritime Drug Trafficking is firmly established and has made progress in coping with changes in drug trafficking since 2003; therefore, the Delegation saw no need for another questionnaire that probably would not draw too great a response. The United States of America thought that it would be wiser to use the group s time to create a matrix or form that CICAD could send out before each annual meeting of the Group of Experts to aid in planning and execution of the Group s work. However, the Delegation of the United States of America agreed to proceed and contribute. When updating the questionnaire, the United States of America felt strongly that the questions on maritime drug trafficking must be as inclusive as possible, so that the Group of Experts can address the Hemisphere s most pressing concerns. This includes drug trafficking by all means associated with transport by boat on waterways, including international waters, territorial waters, ports, navigable rivers, and navigable lakes. The United States of America also recommended the elimination of any question that is included in the MEM, such as the first question of the 2003 study on international agreements, to avoid duplicating the work of third parties. The questionnaire must be as simple, direct, and concise as possible so that the countries are more willing to complete it. It must give the countries a chance to include any additional information that they consider relevant for orienting the work of the Group of Experts. Most importantly, the introduction to the questionnaire must clearly state that the respective questions: (1) are intended to draw on the expertise and collective knowledge of all countries of the Hemisphere with respect to maritime drug trafficking; (2) that the Group of Experts work does not necessarily reflect the consensus of the Experts, but rather the broad and cross-cutting experience that they are willing to share with everybody; (3) that nothing that appears in the questionnaire or the work of the Group of Experts is binding on any country; (4) that the documents prepared are for the use of each country as it deems best; and (5) that every country is free to accept or reject all or part of the content of any document prepared by the Group of Experts for any domestic reason. The Delegation of Mexico recommended that for the next meeting of the Group of Experts on Maritime Drug Trafficking, to be held in September in Colombia, the participating delegations prepare and present case histories of successful maritime interdictions and/or seizures of illicit merchandise in ports of their respective countries, to provide feedback for the other delegations of lessons 4-7
learned from those cases, giving details of the investigation techniques, activities, procedures, and coordination used to achieve positive results. The foregoing process will make it possible to work together in coordination with the rest of the Hemispheric countries in the fight against illicit trafficking in drugs and chemical precursors, sharing trends and keeping abreast of new means of concealment, as well as the maritime routes used to transport them. Mexico also proposed the inclusion of the following questions in the questionnaire: 15d Do you have the following non-intrusive technologies to detect illicitcuentan con las siguientes tecnologías no lntruslvas para la Illicit merchandise in the ports? Yes No Vehicles with x-ray technology Fixed equipment with GAMMA rays HAZMAT equipment CT-30 equipment Phazir Others (Please specify) 15e Which of the abovementioned technologies has been most useful? Please specify 1 The Delegation of Peru proposed that the Executive Secretariat of CICAD- OAS evaluate the proposed change in the current definition of maritime drug trafficking in the study and the Hemispheric questionnaire on drug trafficking to use the term waterborne drug trafficking, taking into account that this illegal activity takes place not only at sea but on lakes and rivers. C. CONCLUSIONS It was noted that the first question of the questionnaire concerning Legislation and Agreements duplicates the work carried out by the Multilateral Evaluation Mechanism (MEM) of CICAD-OAS. The questions proposed by the Delegation of Mexico were recognized as viable for inclusion. 5-7
The chair will present the draft questionnaire for consideration, review, and approval at the next meeting of the Group of Experts. D. RECOMMENDATIONS Eliminate the first question on Legislation and Agreements Add the questions proposed by the Delegation of Mexico to the questionnaire. That the member states evaluate the questionnaire to be presented by the chair so that they can make recommendations and/or suggest additional changes in the next meeting of the CICAD-OAS Group of Experts to be held in Cartagena, Colombia, in September 2014. This meeting was adjourned at 12:37 p.m. on Wednesday, June 18, 2014, and in testimony to the accuracy of these minutes, the participating delegations have hereto affixed their signatures. 6-7
.. For the Delegation of Colombia 4For the Delegation of Brazil Joaquim Aurélio CORREIA de Araújo Neto Chief of Cooperation of the Brazilian Embassy in Peru Captain ARC. John Fabio GIRALDO Gallo Naval Attaché of the Republic of Colombia in Peru For the Delegation of the United States of America For the Delegation of Mexico Commander CG DEM José Carmen HERNANDEZ Bosquez Chief of the Maritime Protection Group of the Third Section of the General Staff of the Navy of Mexico Mr. Lou ORSINI Senior Maritime Law Enforcement Advisor United States Coast Guard Representing CICAD-OAS For the Delegation of Peru Commander SGC. César LARRIEGA Vigil Chief of the Office against Illicit Drug Trafficking of the General Directorate of Harbormasters and Coast Guard Mr. Ziggie MALYNIWSKY Chief of the Supply Reduction Section of the Inter-American Drug Abuse Control Commission of the Organization of American States (CICAD-OAS) 7-7