PARAGUAY: CERTIFICATION REPORT

UNCLAS SECTION 01 OF 03 ASUNCION 000839

SIPDIS

STATE FOR WHA/BSC
TREASURY FOR OSIA MAUREEN WAFER
TREASURY FOR OTA WARFIELD, VAN KOCH, MILLAR

E.O. 12958: N/A
TAGS: PGOV SNAR KCRM PA
SUBJECT: PARAGUAY: CERTIFICATION REPORT

REF: A. STATE 94578


B. 2004 STATE 245258


1. Below find Post's submission on host government
cooperation on counternarcotics efforts based on the
benchmarks identified in reftel B.

Counternarcotics
--------------


2. The USG asked the GOP to keep pressure on major drug
trafficking organizations by arresting and prosecuting their
key members and seizing their assets.

-- In November 2004, SENAD and DEA conducted a joint
operation resulting in the capture of Brazilian national Ivan
Carlos Mendes Mesquita, one of the region's most notorious
drug traffickers. Mesquita was the head of the Mesquita Drug
Trafficking Organization operating in Paraguay and Brazil and
has FARC connections. The operation took place at Mesquita's
ranch in the Chaco and resulted in the arrest of Mesquita and
seven members of his drug trafficking organization and the
seizure of 262 kilograms of cocaine, Paraguay's largest in
recent history. Mendes Mesquita's plane was also seized. On
June 27, 2005 Mendes Mesquita was handed over to U.S. custody
marking the successful conclusion to the six-month legal
process and the first time Paraguay has extradited a fugitive
of this significance to the United States.

-- In January 2005, SENAD agents arrested Brazilian
narcotrafficking fugitive Nilton Cesar Atunez, associated
with the Beira Mar drug trafficking organization, as well as
two of his associates and seized 103 kilograms of cocaine.
Vehicles belonging to Atunez were also seized.

-- Additionally, Paraguay has successfully expelled or
secured extradition orders for five more Brazilian
traffickers who had been living in Paraguay for a number of
years as fugitives.

-- The Mendes Mesquita case and others involving Brazilians
demonstrate unprecedented cooperation between GOP and
Brazilian intelligence authorities. U.S. espoused
professionalizatin of SENAD and support of senior GOP
officials for CD operations led to this dramatic improvement.



3. The USG asked the GOP to sharpen the investigative and
operational capability of the Chaco Mobile Enforcement Team
(CMET).

-- CMET will participate in Operacion Seis Fronteras over the
next two months as part of an effort to strengthen its
investigative and operational capabilities in the Chaco
region.

-- The members of the CMET recently participated in precursor
and highway interdiction courses in Bolivia.

-- Andean funds will enable Paraguay to expand its barracks
in Mariscal Estigarribia, the base from which it conducts
operations in the Chaco.


4. The USG asked the GOP to provide adequate funding for its
counter narcotics programs.

-- While most Paraguayan ministries suffered a 10 percent cut
in 2005 funding, the Paraguayan Congress approved funding for
its drug programs in 2005 at 2004 levels. Given the
political and economic environment, this is a noteworthy
achievement and reflects the GOP commitment to its drug
programs.

-- Recently, Paraguay's President agreed to seek
Congressional support for supplemental funding to hire 50
additional agents.


5. The USG asked the GOP to increase the SENAD UIDF staff
from 8 to 20.

-- SENAD plans to assign 10 of the 50 new agents noted above
to work with the SENAD UIDF raising its staff levels to 18 --
a number we consider adequate.

Official Corruption
--------------


6. We asked the GOP to take active measures to rid the ranks
of law enforcement, prosecutors and judges of personnel
suspected of having links to narcotics and other illegal
activities.

-- In response to U.S. appeals, Paraguay's President decided
to desist from seeking the promotion of Police Commissioner
Aristides Cabral who was implicated in protecting major drug
traffickers.

-- In June, Paraguay successfully prosecuted and convicted a
customs official on charges of illicit enrichment. He was
sentenced to three years and was levied a heavy fine. All
assets acquired with the illicit funds will be seized. In
2004, Paraguay adopted the legislation that makes illicit
enrichment a crime. This case represents the first time a
customs official has been convicted on a charge of illicit
enrichment.

-- In recent weeks Paraguayan law enforcement officials have
arrested police officials, military officials, and a fiscal
implicated in trafficking marijuana.


7. We asked the GOP to combat corruption in the Customs
service and Tax Authority and increase information sharing
among concerned agencies.

-- Post's REA has worked closely with the Director of Customs
as well as with the tax authority to adopt reforms that
address concerns relating to corruption. Tax and customs
revenue have increased dramatically over the last year.

-- Both Customs and the Tax Authority have created
investigative units with U.S. assistance. In late 2004,
Paraguay's Commerce and Industry Ministry created a unit to
investigate IPR violations with INL funds. In June 2005,
Paraguay's Finance Ministry created an internal investigative
unit with oversight over Customs and the Tax Authority. All
of these units are being mentored by Post's REA.

-- The USG will support creation of a Trade Transparency
Module in the Customs Department that will facilitate more
effective monitoring of imports and exports for
irregularities.

-- Information sharing among concerned agencies has improved
but remains uneven. To date cooperation has occurred mostly
on an individual basis as opposed to an institutional basis.
Recently, however, prosecutors have conveyed their readiness
to rely upon SEPRELAD to conduct field investigations.

Legislative Measures
--------------


8. We asked the GOP to use authorities created in 2002 law
to crack down on narcotics transportation networks.

-- Paraguay's law enforcement community has effectively used
the authorities created in the 2002 legislation, including
informants and undercover operations, to investigate and
prosecute aggressively narcotics transportation networks.


9. We asked the GOP to pass the anti-money laundering
legislation before Congress.

-- President Duarte introduced this draft law to Congress and
supports its adoption.

-- Key political leaders in Congress have conveyed support
for the law but to date it has not yet been adopted. We have
been in contact with the IO community (UNODC, CICTE) about
bring more political pressure to bear upon Paraguay to move
ahead on money laundering and counter terrorism legislation.
We are hopeful recent leadership changes of key Congressional
committees will create an opportunity for successful adoption
later this year.


10. We asked the GOP to enact effective chemical control
laws.

-- Upon review of the current legislation of chemical control
laws, we have concluded that they are adequate. Paraguay
needs to take steps to improve implementation of existing
laws.

Money Laundering
--------------


11. We asked the GOP to conduct outreach activities to
sensitize financial institutions about reporting
requirements.

-- Absent the adoption of the money laundering law, Post
decided to delay outreach activities on reporting
requirements out of concern it could generate confusion and
opposition. Post, together with SEPRELAD, is poised to
undertake these activities as soon as the law is adopted.

12. We asked the GOP to improve coordination and information
sharing protocols between the SEPRELAD FAU, the SENAD UIDF
and other financial entities that prevent compromise of law
enforcement sensitive information.

-- MOUs establishing the information sharing protocol between
the SEPRELAD and the Public Ministry and between SEPRELAD and
the SENAD UIDF have been signed.

-- Post's REA and RLA sponsored a seminar to members of the
above-named institutions on protecting information from third
parties.

-- Coordination among concerned agencies has improved but
remains uneven, occurring mostly on an individual basis as
opposed to an institutional basis.


13. We asked the GOP to refocus SEPRELAD into a more
effective and efficient organization, providing it with
greater independence and a new bureaucratic structure.

-- In March 2005, FINCEN and Edgmont found SEPRELAD a fully
functional FIU according to international standards.

-- That same month, FINCEN signed an MOU with SEPRELAD
establishing full cooperation between the GOP and USG
regarding information exchange.


14. We asked the GOP to ensure SEPRELAD received adequate
financial and human resources to operate as an effective and
fully functioning FIU.

-- As noted above FINCEN and Edgmont found SEPRELAD a fully
functional FIU according to international standards.

-- In 2003, SEPRELAD had approximately 5 employees; in 2005,
it has approximately 30 and its budget has increased some
tenfold. Post believes SEPRELAD is adequately funded and
staffed.


15. We asked the GOP to ensure prosecutors cooperate more
effectively with SENAD UIDF and SEPRELAD.

-- Information sharing among concerned agencies has improved
but remains uneven. To date cooperation has occurred mostly
on an individual basis as opposed to an institutional basis.
Recently, however, prosecutors have conveyed their readiness
to rely upon SEPRELAD to conduct field investigations.








KEANE