JAMAICA: 2005 CERTIFICATION REPORT CARD

UNCLAS SECTION 01 OF 04 KINGSTON 001426

SIPDIS

DEPT FOR INL/LP ASMITH AND WHA/CAR, JUSTICE FOR OIA, AFMLS
AND NDDS, TREASURY FOR FINCEN, DEA FOR OILS AND OFFICE OF
DIVERSION CONTROL

E.O. 12958: N/A
TAGS: SNAR PREL KCRM JM
SUBJECT: JAMAICA: 2005 CERTIFICATION REPORT CARD

REF: SECSTATE 94578


1. This message updates progress on objectives identified in
the 2004 certification report card (Ref A). Topic order
descriptions track (Ref B) for ease of evaluation.

LAW ENFORCEMENT
--------------

2. The U.S. encouraged the GOJ to demonstrate its commitment
to counter drug activity by continuing to arrest major drug
traffickers operating in Jamaica.

--Collaborative intelligence and investigative work between
U.S. and Jamaican law enforcement agencies, as well as other
foreign law enforcement agencies, led to the arrest of eight
lower-level drug traffickers between January and May, 2005.


3. The U.S. asked the GOJ to make full use of available
equipment (ION Scan machines) at the international airports
to enhance its ability to detect and interdict drugs and
other contraband entering and exiting Jamaica.

--The IONSCAN machines at Norman Manley International Airport
(NMIA) in Kingston were serviced by the manufacturer and
returned to Jamaica. Since the GOJ has not made full use of
the machines and seem to have a deficit in trained personnel
to operate the machines, NAS has not reinstalled them. NAS
is seeking a renewed agreement and commitment from the GOJ
for the operation and maintenance of the equipment that
should coincide with the formal establishment of the Airport
Interdiction Task Force (AITF). The Jamaica Constabulary
Force (JCF) Narcotics Division, which will have a significant
role in the AITF, will be responsible for operation and
maintenance of the machines once they are redeployed at NMIA.


4. The U.S. asked the GOJ to fully employ the new border
security (entry/exit) system to enhance its capability to
intercept and prevent travel of international criminals
and/or terrorists.

--The border security system installed at NMIA and Donald
Sangster International Airport (DSIA) in Montego Bay is used
sporadically and has experienced several technical problems,
mainly with the software. In addition to the technical
difficulties, the Jamaica Immigration Service (JIS) has a
shortage of trained Immigration Officers and is trying to
remedy that through authorized increases in staff. While
operational, the JIS has recorded modest successes in denying
entry to persons previously expelled from the country and
identifying individuals traveling on false documents. The
JIS also cooperates with USG law enforcement officials in
screening for specific individuals of interest to the USG.


5. The U.S. encouraged the GOJ to fully implement the AITF by
providing the space and other resources required to
effectively combat narcotics trafficking and other illicit
activities at the countries two international airports.

--The inauguration of the AITF is still several weeks, maybe
months away. The JCF has selected police officers to serve
as members of the Task Force but adequate facilities have not
been finalized to house and support the Unit. The GOJ
recognizes the benefit of establishing this unit and it has
the support of the Minister of National Security. A
combination of scarce resources, appropriate facilities and
bureaucratic wrangling has caused undue delays and several
missed opportunities to further secure the airports and
interdict contraband destined for the U.S. and other
countries.

In a recent meeting with the Senior Director for Security,
Post was assured that the AITF would become a reality in the
near future.


6. The U.S. recommended the GOJ pass legislation that would
provide law enforcement agencies and the judiciary with
additional tools to disrupt criminal activity. This includes
the Plea Bargaining Act, and the Proceeds of Crime and Civil
Forfeiture Acts.

-- The GOJ has fast-tracked Proceeds of Crime legislation
that will incorporate civil forfeiture and money laundering
legislation. Post has not seen the draft legislation, thus
it is too soon to speculate on the strength of the
legislation.


7. The GOJ should enact legislation for the fingerprinting
and photographing of all arrestees and create conspiracy laws
similar to the U.S. Racketeering Influenced Corrupt
Organizations (RICO) Statute.

-- The GOJ continues to contemplate the necessity of
legislation similar to the U.S RICO statute. Opposition
spokesperson on justice issues recently asked Post for
information regarding the RICO statute. The GOJ passed
amendments to the Fingerprints Act which will allow
authorities to fingerprint and photograph suspects without
the need for a court order.


8. The U.S. recommends the GOJ pass amendments to enhance the
effectiveness of the Interception of Communications (Wiretap)
Act.
--The GOJ has not passed amendments to the Interception of
Communications Act.


9. The U.S. recommends that the GOJ undertake policy changes
that encourages and enables the Director of Public
Prosecutions (DPP) office to assign prosecutors to complex,
critical and sensitive cases at the earliest possible time in
the proceedings.

--The GOJ has made no progress in this area. Jamaica's
justice system promotes a separation of the investigative and
prosecutorial functions of law enforcement. Numerous
gestures by the USDOJ/OPDAT to assist the GOJ with training
to facilitate better cooperation and coordination have not
been accepted. In the meantime, less than 50% of the
criminal cases are prosecuted and of that percentage, the
conviction rate is less than 25%. Until the JCF
investigators and the DPP collaborate at the inception of
complex and sensitive criminal investigations, their
conviction rate will remain low.


10. The U.S. urged the GOJ to provide the resources to
enhance security at smaller airfields used in the commission
of crimes. In addition, the U.S. urges the GOJ to take steps
necessary at those airstrips beyond its capability to secure
by rendering them unusable to any type of aircraft.

--The GOJ reports approximately 44 illegal landing sites,
inclusive of airstrips. Most of these are inoperative
through demolition or overgrown by vegetation. Several were
destroyed as part of "Operation Kingfish" in late 2004 and
early 2005. According to the Jamaica Defense Force (JDF),
there is no evidence that any of the landing sites are
currently being used.

INTERNATIONAL COOPERATION
--------------


11. The U.S. recognizes and appreciates the GOJ's excellent
cooperation in locating and arresting fugitives fleeing U.S.
authorities and providing assistance in informal requests.
We request, however, that the GOJ inform us regularly on the
status of pending requests under the extradition and Mutual
Legal assistance Treaties. We look forward to periodic
consultations with the Office of the Director of Public
Prosecutions as a means to enhance cooperation under these
treaties.

--The GOJ has been very cooperative in assisting U.S. law
enforcement with the apprehension of fugitives from U.S.
justice. Since January 2005, 4 persons have been arrested on
provisional arrest warrants and 1 person extradited. The
process of obtaining a provisional arrest warrant could be
strengthened through use of the MLAT or "justice to justice"
cooperation to expedite the process. U.S. Marshal Service
has frequent contact with the DPP's office and currently
participates in an exchange program to facilitate further
cooperation.


12. The U.S. urges the GOJ to sign and implement the Customs
Mutual Assistance Agreement (CMAA).

--The CMAA is being held by Jamaica Customs officials pending
additional clarification on the language used in the
agreement.

DRUG-RELATED PUBLIC CORRUPTION
--------------


13. The U.S. encourages the GOJ to take strong measures to
enforce the Corruption Prevention Act by providing the
Anti-Corruption Commission with the resources necessary to
thoroughly investigate cases in a timely manner and pursue
prosecution to the full extent of the law.

--The Corruption Prevention Commission (CPC) continues to
lack the resources necessary to investigate allegations of
corruption.


14. The U.S. urged the GOJ to impose graduated penalties on
government employees who fail to meet the deadline for filing
asset declarations.

--Since January, 2005, the CPC has forwarded 200 cases to the
DPP's office for failure to file asset declarations. The DPP
brought ten cases to the court for prosecution, but withdrew
charges after the individuals filed their declarations.

PORT SECURITY
--------------

15. The U.S. urged the GOJ to complete the following at the
earliest opportunity:

-Provision of adequate facilities for the CET at the ports;
-Standardized identification card system; and
-Installation of access control systems at the ports.

--Neither the Standardized identification Card System nor the
Access Control System have been installed at the port.
According to officials of the Port Authority of Jamaica
(PAJ),the equipment has been ordered and is expected in
mid-July 2005. PAJ anticipates installation and
implementation of the new systems by October 2005.

--Facilities for the Customs Enforcement Team have been
identified by Customs officials.


16. The U.S. urged the GOJ to pass the Port Security Act.

--The Port Security Act is being reviewed by a legislative
committee.


DRUG PROCEEDS AND CONFISCATION
--------------


17. The U.S. urged the GOJ to quickly enact legislation on
civil forfeiture of the proceeds of crime.

--The GOJ has fast-tracked Proceeds of Crime legislation that
will incorporate civil forfeiture and money laundering
legislation. Post has not seen the draft legislation, thus
it is too soon to speculate on the strength of the
legislation.


18. The U.S. encourages the GOJ to take the required steps to
qualify the Financial Analysis Unit for membership in the
Egmont Group, which includes consolidating resources and
developing standard operating procedures for the Unit.

--The Financial Investigation has taken necessary steps to
qualify for membership int he Egmont Group such as
consolidating resources and developing standard operating
procedures.


DRUG PRECURSOR SUBSTANCES AND SYNTHETIC DRUGS
--------------


19. The U.S. encourages the GOJ to finalize implementing
regulations for the Precursor Chemicals Act.

--The regulations are still being drafted by the Ministry of
Health.


20. The U.S. encouraged the GOJ to amend its drug legislation
to make illegal and provide adequate penalties for the
trafficking in and use of internationally controlled
psychotropic substances, such as Ecstasy, LSD and
amphetamines.

--Amendments to the dangerous drugs act are still in the
process of being drafted by the Ministry of National Security.


DRUG PRODUCTION AND CULTIVATION
--------------


21. GOJ marijuana eradication figures are very low and will
fall far short of the eradication target of 1200 hectares
agreed to in our letter of agreement. We therefore urge the
GOJ to take the necessary steps to determine the cultivation
level throughout the island and intensify its efforts in
order to meet the agreed-upon target.

--A comprehensive aerial survey of marijuana cultivation has
not been conducted.

--269.3 hectares of marijuana were eradicated from January
through April, 2005.

22. The U.S. urged the GOJ to consolidate its marijuana
eradication forces (JCF and JDF) under one command in order
to maximize the resources available and cover a broader area
at the same time.

--JDF and JCF eradication teams support one another on
missions but there has been no effort to consolidate the
forces under one command.
ROBINSON