VENEZUELA CERTIFICATION DEMARCHE BENCHMARKS

UNCLAS SECTION 01 OF 04 CARACAS 000772

SIPDIS

STATE FOR INL/LP AND WHA/AND/VE

E.O. 12958: N/A
TAGS: SNAR PREL KJUS KCRM VE
SUBJECT: VENEZUELA CERTIFICATION DEMARCHE BENCHMARKS

REF: CARACAS 00710 AND STATE 12161


1. (U) As promised in Caracas 710, the text of the non-
paper on 2005 certification benchmarks, delivered February
18, follows:

VENEZUELA'S 2005 CERTIFICATION BENCHMARKS

To comply with current U.S. law establishing the narcotics
certification mechanism and to respond to calls for a more
transparent process, we need to articulate clear
counternarcotics objectives at this time.

The President's "National Drug Control Strategy," the
International Narcotics Control Strategy Report (INCSR) and
other U.S. policy documents on drug control underscore U.S.
efforts to curb its own drug consumption problems. We will
endeavor to convey more clearly and openly to you our
progress in that regard. However, no domestic policy can
succeed while drug criminals operate with impunity around
the world.

While cooperative anti-drug programs have proven their
value, the most powerful defense against the drug trade is
political will. If political will is weak, corruption soon
sets in. Left unopposed, such corruption ultimately
vitiates the rule of law, puts democratic government in
jeopardy, and undermines cooperative efforts against drug
trafficking.

Our actions and statements are consistent with the goals of
the 1988 UN Drug Convention, and are pursuant to U.S.
domestic legislation on certification. Our aim in
approaching you now is to ask you to engage in a dialogue
regarding our counternarcotics objectives for the near term
and to present clear counternarcotics objectives that, if
met, will be given due consideration by the U.S. in
evaluating compliance with the goals and objectives of the
1988 UN Convention and our bilateral counternarcotics
program. We will continue our dialogue with you on this
subject throughout the year.

Certification decisions are made by the President upon the
recommendation of the Secretary of State, with input from
other concerned agencies.

In order not to be found as having "failed demonstrably," a
country must take meaningful and committed actions against
narcotics trafficking and related criminal activity. Key
criteria considered in the certification process include:
Performance in areas identified in the 1988 UN Drug
Convention:

-cultivation/manufacturing;
-consumption/demand reduction;
-trafficking;
-eradication of illicit crops;
-interdiction and law enforcement cooperation;
-asset seizure;
-extradition and mutual legal assistance;
-drug treatment;
-control of precursor/essential chemicals;
-money laundering.

Performance in accomplishing goals described in any
applicable bilateral narcotics agreement with the United
States, or a multilateral narcotics agreement.

Performance in preventing and punishing public corruption,
especially by senior government officials that facilitate
the production, processing, or shipment of drugs and other
controlled substances, or that discourages the investigation
or prosecution of such acts.

We are very interested in efforts to improve regional
cooperation and regional activities to support the goals of
the 1988 UN Drug Convention. We will consider such
activities and initiatives, as part of our evaluation
process.

Venezuela has received full certification since 1992.
Venezuela remains a major cocaine and heroin transshipment
corridor from Colombia, with extensive quantities passing
through the country each year destined to the U.S. and
Europe.

Venezuela has a coordinated anti-narcotics strategy, which
includes interdiction and demand reduction. The police and
the Branches of the Armed Forces with police drug
enforcement authority continue to seize narcotics and arrest
traffickers. However, corruption, inefficiency, and weak
judicial system have limited the effectiveness of these
operations.

In order to ensure that we have a constructive dialogue with
your Government on narcotics cooperation, we would like to
provide information on the areas of performance that will
become the primary focus of the 2005 certification
determination. These performance objectives are based on
the 1988 UN Convention, our current bilateral agreement on
narcotics, and the Government of Venezuela's previously
stated national drug control objectives.

COUNTERNARCOTICS

Given the linkage between narco-trafficking and terrorist
activities of foreign terrorist organizations (FTOS) such as
the FARC, ELN and AUC on both sides of the Venezuelan-
Colombian border, the Government of Venezuela (GOV) should
target these FTOS by arresting their leadership, seizing
their assets, and disrupting their operations inside
Venezuelan territory.

The Venezuelan Government should indicate whether it is
willing to authorize U.S. detection and monitoring aircraft
to overfly Venezuelan territory (with Venezuelan observers
on board, if requested) to track suspected narco-trafficking
aircraft.

Substantial quantities of cocaine are transiting Venezuela
en route to the United States from Colombia. Venezuelan
reports of cocaine seizures and destruction, if accurate,
indicate a doubling (or more) of cocaine flowing through
Venezuela since 2002. It would be appreciated if the GOV
would permit U.S. law enforcement personnel to have access
to seizures in excess of 100 kilograms for the purpose of
taking samples to determine purity and source, and to
confirm the quantity destroyed.

The GOV is strongly encouraged to improve border
inspections, particularly at Tachira and other major
crossing points from Colombia, so as to increase the
likelihood of detection, interdiction, and arrest and
prosecution enough to deter traffickers from attempting to
transit Venezuela through these points of entry.

Substantial amounts of cocaine depart Venezuela for the U.S.
and Europe through the ports. The GOV is asked to improve
intelligence gathering and inspection capacity at the ports
in order to increase the likelihood of detection,
interdiction, and arrest and prosecution sufficiently to
deter traffickers from smuggling drugs through major
commercial ports.

The GOV should target drug trafficking organizations by
arresting their leadership, seizing their assets and
disrupting their operations.

While the GOV has successfully prevented large-scale
cultivation of coca and poppy, the GOV needs to eradicate
opium poppy fields, particularly in the Perija Mountains,
and coca cultivations.

CORRUPTION

Several GOV agencies have failed to show any interest in
combating corruption, specifically corruption with respect
to drug trafficking, document falsification, and migrant
trafficking. Therefore, the United States Government (USG)
urges the GOV to initiate the process of computerizing the
passport issuance system, to increase document security and
prevent abuse by criminals and possibly terrorists.

The USG encourages the GOV to firmly enforce the execution
of wiretap orders that Venezuelan courts issue to cellular
phone companies.

Temporary judges should not have authority to dismiss cases
or release defendants in drug trafficking cases. Therefore,
we respectfully request that the GOV ask that these
decisions be reviewed and approved by the Chief Prosecutor
for Drugs in the Public Ministry before such actions may be
taken.

LEGISLATION

Venezuelan Vice President Rangel made a formal commitment to
the Mini-Dublin Group of ambassadors to secure passage in
the first half of 2004 of the Ley Organica Contra La
Delincuencia Organizada (LOCDO). Nonetheless, the Assembly
did not take action. The USG strongly urges the GOV to use
its majority in the Assembly to give the highest priority to
passage of the LOCDO.


2. (U) Text of diplomatic note delivered on March 15, 2005,
to the Ministry of Foreign Affairs follows:


Text for Diplomatic Note


079/2005
The Embassy of the United States of America presents
its compliments to the Ministry of Foreign Affairs of the
Bolivarian Republic of Venezuela, and has the honor to
inform the Ministry of the U.S. Government's desire to
engage the Government of Venezuela in discussions on the
narcotics certification process as required under U.S. Law.
The President's "National Drug Control Strategy," the
efforts to curb its own drug consumption problems. We will
progress in that regard. However, no domestic policy can
the world. While cooperative anti-drug programs have proven
their value, the most powerful defense against the drug
trade is political will.

Our actions and statements are consistent with the
goals of the 1988 UN Drug Convention, and are pursuant to
U.S. domestic legislation on certification. Our aim in
approaching you now is to ask you to engage in a dialogue
regarding our counter-narcotics objectives for the near term
and to present clear counter-narcotics objectives that, if
met, will be given due consideration by the U.S. in
evaluating compliance with the goals and objectives of the
1998 UN Convention and our bilateral counter-narcotics
program. We hope to continue our dialogue with you on this
subject throughout the year.

Certification decisions are made by the President upon
the recommendation of the Secretary of State, with input
from other concerned agencies. Key criteria considered in
the certification process include performance in areas
identified in the 1988 UN Drug Convention:





. Cultivation/manufacturing
- Consumption/demand reduction
- Trafficking
- Eradication of illicit crops
- Interdiction and law enforcement cooperation
- Asset seizure
- Extradition and mutual legal assistance
- Drug treatment
- Control of precursor/essential chemicals
- Money-laundering.

Other criteria include performance in accomplishing
goals described in any applicable bilateral narcotics
agreement with the United States, or a multilateral
narcotics agreement, and performance in preventing and
punishing public corruption, especially by senior
government officials that facilitate the production,
processing, or shipment of drugs and other substances,
or that discourages the investigation or prosecution of
such acts. We are also interested in efforts to improve
regional cooperation and regional activities to support
the goals of the 1988 UN Drug Convention, and will
consider such activities and initiatives as part of our
evaluation process

Venezuela has received full certification since

1992. Venezuela remains a major cocaine and heroin
transshipment corridor from Colombia, with extensive
quantities passing through the country each year
destined to the U.S. and Europe.

Venezuela has a coordinated anti-narcotics strategy,
which includes interdiction and demand reduction. The
police and the branches of the Armed Forces with police drug
enforcement authority continue to seize narcotics and arrest
traffickers. However, corruption, inefficiency, and a weak
judicial system have limited the effectiveness of these
operations.

To ensure that we have a constructive dialogue with
your Government on narcotics cooperation, we would like to
take this opportunity to identify the areas of performance
that will become the primary focus of the 2005 certification
determination. These performance objectives are based on
the 1988 UN Convention, our current bilateral agreement on
narcotics, and the Government of Venezuela's previously
stated national drug control objectives.

COUNTERNARCOTICS
-- Given the linkage between drug trafficking and terrorist
activities of foreign terrorist organizations (FTOS) such as
the FARC, ELN and AUC on both sides of the Venezuelan-
Colombian border, it is important that the Government of
Venezuela target these FTOS by arresting their leadership,
seizing their assets, and disrupting their operations inside
Venezuelan territory.

-- Is the Venezuelan Government willing to authorize U.S.
detection and monitoring aircraft to overfly Venezuelan
territory (with Venezuelan observers on board, if requested)
to track suspected drug trafficking aircraft?

-- Substantial quantities of cocaine transit Venezuela en
route to the United States from Colombia. Venezuelan
reports of cocaine seizures and destruction, if accurate,
indicate a doubling (or more) of cocaine flowing through
Venezuela since 2002. It would be appreciated if the
Government of Venezuela would permit U.S. law enforcement
personnel to have access to seizures in excess of 100
kilograms for the purpose of taking samples to determine
purity and source, and to confirm the quantity destroyed.

-- Improvement of border inspections, particularly in
Tachira and other major crossing points from Colombia, so as
to increase the likelihood of detection, interdiction, and
arrest and prosecution enough to deter traffickers from
attempting to transit Venezuela through these points of
entry.

-- Improvement of intelligence gathering and inspection
capacity at the ports where substantial amounts of cocaine
depart Venezuela for the U.S. and Europe to increase the
likelihood of detection, interdiction, and arrest and
prosecution sufficiently to deter traffickers from smuggling
drugs through major commercial ports.

--Targeting of drug trafficking organizations by arresting
their leadership, seizing their assets and disrupting their
operations.

-- While the Government of Venezuela has successfully
prevented large-scale cultivation of coca and poppy, the
Government should eradicate opium poppy and coca fields,
particularly in the Perij Mountains.

CORRUPTION

-- Initiation of the computerization of the passport
issuance system, to increase document security and prevent
abuse by criminals and possibly terrorists.

-- Enforcement of the execution of wiretap orders that
Venezuelan courts issue to cellular phone companies.

-- Ensure that cases are properly managed to prevent
temporary judges from dismissing cases or releasing
defendants in drug trafficking cases.

LEGISLATION

-- Vice President Rangel made a formal commitment to the
Mini-Dublin Group of ambassadors to secure passage in the
first half of 2004 of the Ley Orgnica Contra La
Delincuencia Organizada. Passage of this law merits the
highest priority.

The Embassy of the United States takes this opportunity
to renew to the Ministry of Foreign Affairs of the
Bolivarian Republic of Venezuela the assurances of its
highest consideration.
Embassy of the United States of America
Caracas, March 15, 2005

BROWNFIELD