BRAZIL 2004-2005 INTERNATIONAL NARCOTICS CONTROL

UNCLAS SECTION 01 OF 07 BRASILIA 000061

SIPDIS

DEPT FOR INL, WHA/BSC
DEPT PLEASE PASS TO AID: AA/LAC AND LAC/SAM
JUSTICE FOR OIA, AFMLS, NDDS
TREASURY FOR FINCEN
DEA FOR OILS AND OFFICE OF DIVERSION CONTROL

E.O. 12958: N/A
TAGS: SNAR EFIN KSEP BR NAS
SUBJECT: BRAZIL 2004-2005 INTERNATIONAL NARCOTICS CONTROL
STRATEGY REPORT (INCSR)

REF: STATE 248987


1. Following is Brazil's 2004-2005 INCSR. As requested in
reftel, the money laundering portion of the INCSR will be
submitted separately.

BRAZIL

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I. SUMMARY
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2. The principal event of 2004 in Brazil's anti-narcotics
effort was the long awaited implementation of a shoot down
law that the Brazilian Congress passed years earlier but
was only put into effect on October 17 after President Lula
signed the necessary implementing decree. The GOB adopted
a new national strategy document for combating money
laundering. A principle aim of the 32 goals articulated in
the strategy document is to better coordinate disparate
federal and state level anti-money laundering efforts.
Operation COBRA (Colombia Brazil) based in Tabatinga,
Brazil has now been functioning for almost four years and
is showing positive results. Similar operations on the
Venezuelan and Peruvian borders are now up and running.


3. Brazil is a major transit country for illicit drugs
shipped to Europe and to a lesser extent, to the United
States. Brazil continues to cooperate with its South
American neighbors in an attempt to control the remote and
expansive border areas where illicit drugs are transported.
Brazil is a signatory of various counternarcotics
agreements and treaties, including the 1988 UN Drug
Convention, the 1995 bilateral U.S.-Brazil counternarcotics
agreement, and the annual Memorandum of Understanding (MOU)
with the U.S.

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II. STATUS OF COUNTRY
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4. Brazil is a conduit for cocaine base and cocaine HCL
moving from source countries to Europe and Brazilian urban
centers, as well as a conduit for smaller amounts of heroin
moving from source countries to the U.S. and Europe. Crack
cocaine is used among youths in the country's cities,
particularly Sao Paulo and Rio de Janeiro. Brazil is not a
significant drug-producing country. Organized drug gangs,
located principally in Rio de Janeiro and Sao Paulo, are
involved in narcotics related arms trafficking.

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III. COUNTRY ACTIONS AGAINST DRUGS IN 2004
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POLICY INITIATIVES


5. Brazil has undertaken various bilateral and
multilateral efforts to meet all objectives of the 1988 UN
Drug Convention, has implemented adequate legal law
enforcement measures, and achieved significant progress in
the fight against illegal drugs.


6. The GoB adopted at end-2003 a new national strategy
document for combating money laundering. A principle aim
of the 32 goals articulated in the strategy document is to
better coordinate disparate federal and state level anti-
money laundering efforts, and to that end a high-level
coordination council was created, led by the Ministry of
Justice's Office for Asset Seizure and International
Juridical Cooperation. The council oversees the financial
intelligence work of Brazil's Council for the Monitoring of
Financial Activities (COAF),which has been strengthened
with additional analysts. In addition to its strategic
coordination role, the council may assign specific cases to
law enforcement task forces for investigation.

Implementation of much of the strategy is ongoing, with
task forces set up to draft legislative changes necessary
to facilitate law enforcement access to financial
information during investigations, to refine existing
legislation to facilitate prosecutions of money laundering
and terrorism finance cases, as well as to study the
criminalization of illicit enrichment. Creation of a
unified database of all money laundering investigations and
a national level registry of real estate, steps which would
aid investigators, is also contemplated.


7. After a year of intensive negotiations with the USG to
successfully secure a Presidential Determination addressing
liability issues under U.S. law, the GOB implemented its
air bridge denial ("shootdown") law on 17 October 2004.
Brazil's law and program permit the Brazilian air force to
use lethal force interdiction against civil aircraft
suspected to be engaged in aerial narcotrafficking flights.
The USG considered that the threat to Brazil's national
security, as well as its operational safety procedures for
the program, were sufficiently strong to justify the U.S.
Presidential Determination, which is similar to the
determination in place for Colombia's ABD program. (Under
certain circumstances, U.S. law criminalizes actions that
lead to shooting down a civil aircraft, hence a special
determination from the President based on compelling and
extraordinary circumstances was required to address U.S.
legal issues.) The determination is subject to annual
review and renewal by the USG. The GOB indicates it has
seen a substantial decrease in suspect aerial activity
since the law went into force. There have been no
shootdown or warning shot incidents thus far.


8. Brazil has forged closer ties with its neighbors in the
war against drugs as a result of the "joint commission"
(CM) the GOB formed in 2003. The Brazilian Foreign
Ministry, with representatives from the Federal Police,
SENAD, SENASP (National Public Safety Secretariat),ANVISA
(National Agency of Health Monitoring),Health Ministry,
and ABIN (National Intelligence Agency) make up the CM.
The CM along with the creation of an intelligence center in
the Tri-Border area and the various border operations have
increased cooperation between Brazil and its neighbors.


9. Brazil's Unified Public Safety System (SUSP),which
was created in 2003, is now fully functional and showing
results. SUSP, which is administered by SENASP, is a
national system to integrate diverse state civil and
military police forces. Each state has formulated its own
public safety plan, in accordance with SENASP's national
plan. SUSP assists the GOB in ensuring a unified approach
to law enforcement and statistical crime and narcotics
seizures reporting.

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ACCOMPLISHMENTS
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10. In 2004, the GOB exercised a regional counternarcotics
leadership role. In June "Operation Seis Fronteiras" (see
para 30) was carried out with the intention of disrupting
the illegal flow of precursor chemicals in the region. GOB
continued its support of "Operation Alliance" with
Brazilian and Paraguayan counterdrug interdiction forces in
the Paraguayan-Brazilian border area. In August, the GOB
in partnership with UNODC hosted a seminar on money
laundering that drew participants from all over Brazil and
also included the presence of President Lula.

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ILLICIT CULTIVATION/PRODUCTION
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11. With the exception of some cannabis grown primarily
for domestic consumption in the interior of the northeast
region, there is no significant evidence of the cultivation
of illicit drugs in Brazil. Brazilian Federal Police
analysts believe that international narcotics trafficking
organizations could increase numbers of cocaine processing
laboratories in Brazilian territory however a steady supply
from Bolivia and to a lesser extent Colombia, have not made
it necessary.

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DISTRIBUTION
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12. Federal Counternarcotics Police and state authorities
are investigating the extensive domestic distribution
networks in major and secondary cities in Brazil.
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SALE, TRANSPORT AND FINANCING
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13. The Federal Police took measures to identify
significant drug trafficking trends, patterns, and
traffickers throughout Brazil in 2004. Although one or two
monthly deliveries of large amounts of Colombian cocaine
may be shipped to Brazil's urban centers of Rio de Janeiro
and Sao Paulo, Federal Police analysis indicates that
Bolivian cocaine and Paraguayan marijuana generally tend to
dominate in those markets.

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ASSET SEIZURE
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14. Many assets, particularly motor vehicles, are seized
during narcotics raids and put into immediate use by the
Federal Police under a March 1999 Executive Decree. Other
assets are auctioned and proceeds distributed based on
court decisions. Federal Police records show that one
airplane, 554 motor vehicles, 39 motorcycles, 4 boats, 253
firearms, and 984 cell phones were seized in 2004.

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EXTRADITION
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15. According to the Brazilian Constitution, no Brazilian
shall be extradited, except naturalized Brazilians in the
case of a common crime committed before naturalization, or
in the case where there is sufficient evidence of
participation in the illicit traffic of narcotics and
related drugs, under the terms of the law. Brazil
cooperates with other countries in the extradition of non-
Brazilian nationals accused of narcotics-related crimes.
Brazil and the U.S. are parties to a bilateral extradition
treaty signed in 1961. No extraditions were carried out
during 2004. There were three extraditions from Brazil to
the U.S. in 2003, one of which was narcotics-related.


16. There are no pending narcotics-related extradition
cases of non-Brazilian citizens. There are five other
cases of non-Brazilian citizens (all U.S. citizens) who are
currently incarcerated in Brazil and are pending
extradition to the U.S. on financial/white collar (non-
narcotics) charges. Two were arrested in 2004 and 2003 and
one was arrested in 2002.

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MUTUAL LEGAL ASSISTANCE
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17. During 2003, various USG agencies and sections,
including NAS, State Department Public Diplomacy Section,
DHS, DEA, FBI, and others have provided training throughout
Brazil in a wide variety of law enforcement areas,
including combating money laundering, cyber-crime,
community policing, port security, crisis management and
demand reduction programs.


18. Brazilian Law Enforcement also eagerly accepted
opportunities to attend training programs in the United
States. Money laundering, drug courts, and the F.B.I.
academy were some of the more notable areas of interest.

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LAW ENFORCEMENT AND TRANSIT COOPERATION
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19. The DPF, SENAD and SENASP continued to express their
interest in active cooperation, particularly intelligence
sharing, and coordination with the U.S. in drug control
activities.


20. Brazil cooperates with authorities in neighboring
countries, particularly Colombia, Peru and Bolivia, to
enhance regional counternarcotic efforts. In June 2004, 13
law enforcement officers attended specialized training in
Bolivia. Brazilian authorities maintain good working
relationships with their neighboring counterparts. A head
of the training section of the Brazilian Federal Police
academy attended a high level planning meeting in Panama
City for the planned International Law Enforcement Academy
(ILEA). In January 2004, a group of 12 Brazilian police
officers (9 Federal, 2 state military, and one civilian)
attended the ILEA advanced management course in New Mexico.
Seven policemen from the state of Minas Gerais participated
in a community policing exchange in Austin, Texas. This
program also gave the same opportunity for police from
Texas to visit Brazil.

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DEMAND REDUCTION
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21. The DARE (Drug Abuse Resistance and Education) program
(known as PROERD in Brazil) is now active in all 26 states
of Brazil and the Federal District. Through the Brazilian
National Public Safety Secretariat (SENASP) and the
National Antidrug Secretariat (SENAD),NAS assisted in
financing and logistics, and NAS personnel visited several
of the training sessions. Brazil has the largest DARE
program outside of the U.S. The DARE program reinforces a
positive image of local police forces, while providing a
strong message concerning demand reduction. NAS, along
with several NGOs and the U.S. Consulate in Sao Paulo, is
working to establish the 40 Assets Program in Sao Paulo.
The program should be functioning by early 2005. NAS
provided funding for SENAD and the Ministry of Education to
provide training to thousands of school teachers nationwide
via the educational television network. The programs
provide the teachers with an anti-drug curriculum. The
SENAD toll-free number on drug information is in the
process of be upgraded to be able to handle more calls and
provide medical counseling.

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LAW ENFORCEMENT EFFORTS
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22. In 2004, the Federal Police seized 7.7 metric tons of
cocaine HCl and 120 kilograms of crack. Marijuana
(cannabis) seizures totaled 149.2 metric tons in 2004.
Three cocaine drug laboratories were dismantled in 2004.
These numbers are incomplete, since only those of the
Federal Police, and not those of local police forces, are
reported on a national basis. Federal Police sources
estimate they record perhaps 75 percent of seizures and
detentions.

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CORRUPTION
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23. As a matter of government policy, Brazil does not
condone, encourage, or facilitate production, shipment, or
distribution of illicit drugs or laundering of drug money.
The Federal Police have carried out a number of high
profile investigations of public officials and State Police
involved in money laundering and/or narco-trafficking. The
fight against corruption remains a high priority for
Brazilian law enforcement.

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AGREEMENTS AND TREATIES
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24. Brazil became a party to the 1988 UN Drug Convention
in 1991. Bilateral agreements based on the 1988 convention
form the basis for counternarcotics cooperation between the
U.S. and Brazil. Brazil also has a number of narcotics
control agreements with its South American neighbors,
several European countries, and South Africa. Brazil
cooperates bilaterally with other countries and
participates in the UN Drug Control Program (UNDCP) and the
Organization of American States/Anti-drug Abuse Control
Commission (OAS/CICAD).

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DRUG FLOW/TRANSIT
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25. Marijuana from Paraguay and cocaine from Bolivia are
smuggled into Brazil across remote border areas and are
destined primarily for domestic consumption. Federal
Police officials indicate that cocaine leaving Colombia and
entering Brazil by air is destined for international
markets in Europe hidden in containerized cargo. Brazil's
recently enacted shootdown law has had an effect on
clandestine flights. Sources [and the press] indicate that
flights are down by 35 percent. It is too soon to tell
what real impact the law will have in the long run.
According to Federal Police, smaller amounts of cocaine
leave Colombia via Brazil's waterway networks in the Amazon
region and are mainly destined for the Brazilian domestic
market. In addition, smaller quantities of heroin have
been detected moving through Brazil from source countries
to the U.S. and Europe.

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U.S. POLICY INITIATIVES
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26. U.S. counternarcotics policy in Brazil focuses on
liaison with and assistance to Brazilian authorities in
identifying and dismantling international narcotics
trafficking organizations, reducing money laundering and
increasing awareness of the dangers of drug abuse and drug
trafficking and related issues such as organized crime and
arms trafficking. Assisting Brazil to develop a strong
legal structure for narcotics and money laundering control
and enhancing cooperation at the policy level are key
goals. Bilateral agreements provide for cooperation
between U.S. agencies, the National Anti-drug Secretariat
and the Ministry of Justice.

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BILATERAL COOPERATION
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27. In accordance with the bilateral U.S.-Brazil letter of
agreement (LOA) on counternarcotics, bilateral programs
that took place in 2004 included: cooperation with the
Regional Intelligence Center of Operation COBRA; expansion
of COBRA prototype to other areas of the country, a
country-wide conference on money laundering in Brasilia;
and a SENAD project that involves a partnership with the
Ministry of Education to provide long distance drug
prevention training to over 5,000 teachers nation wide via
the educational television network. Brazil and the U.S.
are seeking to meet all goals set forth in the bilateral
LOA.


28. Through the LOA, in 2004, the USG worked closely with
the Federal Police, SENASP (Brazilian National Public
Safety Secretariat),and SENAD. Various operations, such
as Operation Alianza (Brazil, Paraguay) that involved
marijuana eradication/interdiction, Operation Six Frontiers
and a chemical control task force in the port of Santos
were supported with LOA funds. With SENASP, the USG worked
with local state and military police forces throughout
Brazil to ensure such forces had basic law enforcement
equipment and training. The USG worked closely with SENAD
in 2004 on programs such as DARE, the implementation of a
nation-wide drug use survey and a toll free counseling
hotline.


29. Brazil continues to be actively involved in IDEC.
Worldwide conferences are held annually, and sub-regional
conferences are held approximately six months after the
general conference. These conferences, sponsored and
supported by DEA, bring law enforcement leaders from
Western Hemisphere countries together to discuss the
counterdrug situations in their respective countries and to
formulate regional responses to the problems they face.
Brazil is a member of the Andean and Southern Cone Working
Groups.


30. Operation Seis Fronteiras VI is part of a continuing
regional exercise involving Brazil, Bolivia, Colombia,
Ecuador, Peru, Venezuela, and U.S. DEA to concentrate
antidrug law enforcement efforts in the area of precursor
chemicals, and has been successful.


31. Bilateral cooperation between the USG/NAS and Brazil
has never been better. A number of conferences exchange,
training programs and seminars took place during the last
year. Brazilian Federal and State Police were sent for
training to the United States on various occasions.
Representatives from U.S. Agencies such as DEA, DHS, FBI,
U.S. Coast Guard among others came to Brazil to train anti-
drug units and give presentations at conferences. This
relationship is expected to expand during the coming year
due to the excellent relationship between the two countries
and an increase in funding under the LOA.

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THE ROAD AHEAD
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32. The biggest challenge for Brazil in the war against
narcotrafficking is to secure its frontiers by increasing
interdiction efforts against criminal organizations that
are able to exploit a vast border area to smuggle their
goods. Fully functional border operations like COBRA
(Colombia) located in northern Brazil and others still in
their initial start-up phase such as; Vebra (Venezuela),
PEBRA (Peru),and BRABO (Bolivia) are one of the keys to
obtaining this goal. The planned opening of a joint
intelligence center in early 2005 in the southern Tri-
Border area will be a step forward in the fight against
narcotrafficking and other illegal activities in the
region. The center will include representatives from
Argentina and Paraguay thus ensuring better cooperation
among the three countries. Another crucial development
last year was the implementation of Brazil's shootdown law.
This law should assist in reducing the number of illegal
flights over the country's expansive borders.

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Statistical tables
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33. Calendar year 2004 2003 2002

Coca
Eradication (mt) - - -
Cocaine seizures (mt) 7.7 7.3 7.5
Crack cocaine (mt) .12 .13 .15

Cannabis
Eradication* .69 1.8 1.6
Marijuana seizures (mt) 149.2 157.7 173.3

* .96 million plants destroyed. Conversion to metric tons
not given.

Arrests 1,853 1,840 1,621

Labs destroyed
Cocaine HCL 3 1 2

Note: All figures shown are those provided by the Federal
Police and do not include the activities of state, local
and highway police. No surveys were conducted; market for
cannabis is domestic.

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PRECURSOR CHEMICAL CONTROL
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34. Brazil requires registration with Federal Narcotics
Police for all production, transport and distribution of
precursor chemicals. In August 2003, the GOB Justice
Ministry issued a regulation to prevent the manufacture of
illegal drugs, which requires the control, and inspection
of approximately 150 chemical substances. Any person or
company that is involved in the purchase, transportation,
or use of these products must have a Certificate of
Approval of Operation, real estate registry, certificate,
or special license. These documents must be issued by the
Federal Police.


35. The Federal Police have organized precursor chemical
training and initiated interdiction operations of chemical
precursors, including cyclical audits and investigations of
Brazilian chemical firms. Brazil is compliant with the
agreements to establish a method for maintaining records of
transactions of the established list of precursor and
essential chemicals and has established procedures under
which such records can be made available to other
countries' law enforcement authorities.
Danilovich