AUSTRIA: 2005 INTERNATIONAL NARCOTICS CONTROL

UNCLAS SECTION 01 OF 04 VIENNA 003888 SIPDIS DEPT FOR INL AND EUR/AGS JUSTICE FOR OAI, AFMLS, AND NDDS TREASURY FOR FINCEN DEA FOR OILS AND OFFICE OF DIVERSION CONTROL E.O. 12958: N/A TAGS: PTER AU SUBJECT: AUSTRIA: 2005 INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT (INCSR) REF: STATE 209561 RESPONSES BELOW ARE KEYED TO REFTEL INSTRUCTIONS: NOTE: THE INCSR'S MONEY LAUNDERING SECTION WILL BE SENT SEPTEL. ¶I. Summary -------------- Austria primarily serves as a transit country for drug trafficking along major trans-European routes. Foreign criminal groups from former East Bloc countries, Turkey, West Africa, and Central and South America dominate the organized drug trafficking scene. Drug consumption in Austria is well below west European levels and authorities do not consider it to be a severe problem. Production, cultivation and trafficking by Austrian nationals remain insignificant. The number of drug users is estimated at between 15,000 to 20,000 - equaling fewer than 2 addicts per 1,000 inhabitants. According to a 2005 study, there is a lifetime prevalence of drug abuse, primarily cannabis, of approximately 25 percent, according to the Austrian respondents. Cooperation with U.S. authorities continued to be outstanding during 2005. It led to significant seizures, frequently involving multiple countries, and a series of bilateral initiatives. The March 2005 visit of U.S. Drug Czar John Walters to Austria, the autumn 2005 visits of Interior Minister Prokop and Justice Minster Gastinger to Washington, and Chancellor Schuessel's December 2005 meeting with President Bush underscore the close bilateral cooperation between the U.S. and Austria. In 2005, Austria continued its efforts to intensify regional police cooperation within the "Salzburg Forum," a meeting of regional interior ministers. Austria also cooperates closely with the Balkan countries and in the "Central Asian Border Security Initiative" CABSI. Austria has been a party to the 1971 and 1988 UN drug conventions since 1997. End summary. II. Status of country -------------- Austria's drug situation did not see any significant change during 2005. The number of drug-related deaths has fluctuated between 100 and 150 over the past 5 years, but a surge in Vienna's drug deaths earlier this year points to a higher-than-normal overall figure for 2005. The number of drug deaths from mixed intoxication continues to rise. The latest available statistics for 2004 show a 12.6 percent increase in drug-related offenses over 2003, for a total of 24,528 offenses. Of these, 535 involved psychotropic substances and 357 involved precursor materials. Experts estimate the number of conventional, illicit drug abusers at around 20,000 (0.25 percent of total population). The number of users of MDMA ("ecstasy") remained largely stable in 2005, while usage of amphetamines rose during the same period as these substances became increasingly available in non-urban areas. According to a 2005 study, which the Health Ministry commissioned, approximately one fifth of respondents admitted to consumption of an illegal substance. The respondents cited using mostly cannabis with "ecstasy" and amphetamines in second and third place. Among young adults (ages 19-29),about 30 percent admitted "some experience" with cannabis at least once in their lifetime. According to the study, 2-4 percent of this age group had already used cocaine, amphetamines, and ecstasy, while three percent have had experience with biogenetic drugs. III. Country action against drugs in 2005 -------------- Domestic policy initiatives: Throughout 2005, the Austrian government retained its "no tolerance" policy regarding drug traffickers, while continuing a policy of "therapy before punishment" for non- dealing drug offenders. In a 2005 amendment, lawmakers expanded a 2004 law that permits police to mount surveillance cameras in high-crime public spaces. This law also provides for the establishment of a "protection zone" around schools, pre-schools, and old-age homes. The law entitles police to ban any person suspected of drug dealing within a protection zone from that area for up to 30 days. In reaction to intense public discomfort over an increase in the number of asylum seekers engaged in criminal activity, including drug dealing, the federal government in 2005 enacted tighter asylum legislation and stricter citizenship laws. Following intense public debate in 2005, the government decided to improve quality controls and take a more restrictive approach regarding substitution treatment with retarding morphine-therapy. Heeding a pertinent international agreement, Austria included the substance "zolpidem" in the control regime of the National Narcotics Act. Adoption of substances 2C-1, 2C-T-2, 2C-T-7, and TMA-2 into the control regime is underway. Regional/International Cooperation: Throughout 2005, Austria maintained its lead role within the Central Asian Border Security Initiative (CABSI) and the VICA (Vienna Initiative on Central Asia) project. At the same time, Austria intensified efforts to cooperate with countries in the Balkans. Austria hosted events such as the November 25, 2005 "Western Balkans Summit." Furthermore, Austria continued to address drug trafficking and related security issues through the "Salzburg Forum" - a recurring ministerial-level security policy meeting which includes representatives from Austria, the Czech Republic, Slovakia, Poland, Hungary, and Italy. Also in 2005, Austria, together with Italy, continued work on a project within the United Nations Office on Drugs and Crime (UNODC) for reform of the justice system in Afghanistan. In 2005, Austria continued a project in cooperation with the UNODC, the EU, and Iran to establish border control checkpoints along the Afghan- Iranian border. Within UNODC, Austria participates in a crop monitoring and alternative development plan in Peru. As in past years, the Austrian interior ministry dispatched anti-crime and drug trafficking liaison officers to Austrian embassies in 20 countries in Europe and the Mediterranean, including Russia, the Ukraine, Morocco, Syria, and Lebanon. Law enforcement efforts and accomplishments: Comprehensive seizure statistics for 2005 are not yet available. Statistics for 2004 show a marked increase in cannabis and cocaine seizures, and a minor surge in heroin and amphetamine seizures. "Ecstasy" and LSD confiscations remained stable at 2003 levels. In spring 2005, for the first time, police confiscated "ecstasy" pills containing, apart from MDMA, the substances MCPP and MDHOET. Experts stress that the degree of purity and concentration of "ecstasy," "speed," and other illegal substances has become increasingly volatile, representing a growing risk factor. The total street value of illicit drugs remained basically unchanged during 2004-2005. One gram of cannabis sold for EUR 7.00 (USD 8.20); one gram of heroin for EUR 60.00 to 95.00 (USD 70.20 - 111.10); and one gram of cocaine cost EUR 90.00 (USD 105.30). Amphetamines sold for EUR 20.00 (USD 23.4) per gram, and LSD for EUR 30.00 (USD 35.10) per gram. In 2004 (figures for 2005 not yet available) authorities registered 21,118 seizures of drugs containing psychotropic substances, 35 percent more than in 2003. The number of criminal cases involving precursor materials rose by 38 percent, from 93 in 2003 to 128 in 2004. For 2005, officials expect higher seizure figures for heroin and cocaine, and a significant reduction in seizures of ecstasy. Corruption: The GOA's public corruption laws recognize and punish the abuse of power by a public official. Austria has been a party to the OECD anti-bribery convention since 1999. Austria is currently working on an amendment to broaden the 1999 law to eliminate the tax deductibility of bribes and gray market payments. There are no corruption cases pending that involve bribery of foreign public officials. The government has not yet prosecuted any cases, which would test the degree of the current law's enforcement. The U.S. government is not aware of the involvement of any high-level Austrian government officials in drug-related corruption. According to Transparency International, a Berlin-based research group, Austria ranks among the top ten least corrupt countries out of 159 countries in its 2005 survey. Agreements and treaties: An extradition treaty and mutual legal assistance treaty are in force between Austria and the U.S. The extradition treaty contains a caveat that would permit Austria to require a formal assurance prior to extradition that the death penalty would not be imposed or carried out. In 2004, Austria enacted legislation to implement the EU council framework decision on the European arrest warrant and the surrender procedure between member states. Austria is a party to the 1988 UN drug convention, the 1961 single convention on narcotic drugs and its 1972 protocol, and the 1971 UN convention on psychotropic substances. Vienna is the seat of the United Nations Office on Drugs and Crime (UNODC). Austria is also a "major donor" to the UNODC, with an annual pledge of approximately $440,000. Austria ratified the UN convention against transnational organized crime in 2004. Cultivation: Production of illicit drugs in Austria continued to be marginal in 2005. Experts note a minor rise in private, indoor-grown, high-quality cannabis. Austria recorded no domestic cultivation of coca, opium, or cannabis in 2004 or ¶2005. Drug flow/transit: Austria is not a source country for illicit drugs. Illicit drug trade by Austrian nationals is negligible. Foreign criminal groups (e.g. Kurdish clans from Turkey, Albanians, nationals from the former Yugoslavia, West African gangs, and Central and South American gangs) carry out organized drug trafficking in Austria. Counternarcotics officials note a slight decrease in body-packing drug smuggling in favor of other, conventional means of transportation. The illicit trade increasingly relies on Central and East European airports, including in Austria. Trafficking of ecstasy products (originating in the Netherlands) decreased slightly in 2004 from 2003. Illicit trade in amphetamines and trading in cocaine increased. Criminal groups from Poland and Hungary were primarily responsible for this trade. Domestic programs (demand reduction): Austrian authorities and the public generally view drug addiction as a disease rather than a crime. This is reflected in rather liberal drug legislation and in court decisions. The center-right government made the fight against drug trafficking a major policy goal. At the same time, the government remains committed to measures to prevent the social marginalization of drug addicts. Federal guidelines ensure minimum quality standards for drug treatment facilities. The use of heroin for therapeutic purposes is generally not allowed. Demand reduction puts emphasis on primary prevention, drug treatment, counseling, and so-called "harm reduction" measures, such as needle exchange programs. Ongoing challenges in demand reduction are the need for psychological care for drug victims and greater attention to older victims and to immigrants. Primary intervention starts at the pre-school level and continues through secondary school, apprenticeship institutions, and out-of-school youth programs. The government and local authorities routinely sponsor educational campaigns both within and outside of educational fora. Overall, youths in danger of addiction are primary targets of new treatment and care policies. Austria has syringe exchange programs in place for HIV prevention. HIV prevalence rate among drug-related deaths slightly increased to 8 percent in 2004, while hepatitis prevalence rates declined. Policies toward greater diversification in substitution treatment (methadone, prolonged-action morphine, and buprenorphine) continued. IV. U.S. Policy Initiatives and Programs Bilateral Cooperation Cooperation between Austrian and U.S. authorities continued to be excellent in 2005. Although Austria has no specific bilateral narcotics agreement with the U.S, several bilateral efforts exemplified this cooperation. These include joint DEA and BKA (Criminal Intelligence Service) training at the International Law Enforcement Academy; the drafting of a criminal asset sharing agreement between the U.S. and Austria; and DEA support of a BKA plan to initiate Joint Investigative Teams with Balkan countries to combat the flow of Afghan heroin. Austrian interior ministry officials continued to consult the FBI, DEA, and Department of Homeland Security on know-how to update criminal investigation structures. The U.S. Embassy also regularly sponsors speaking tours of U.S. counter-narcotics experts in Austria. In March 2005, John Walters, Director of the Office of National Drug Control Policy, spoke at the UN Commission on Narcotic Drugs, and held bilateral meetings with Austrian National Drug Coordinator Franz Pietsch and other drug policy and treatment experts in Vienna. Walters highlighted the excellent, ongoing cooperation between U.S. and Austrian law enforcement authorities, and he exchanged views with his counterparts on "harm reduction" techniques. The October 2005 visits to Washington by Interior Minister Prokop and Justice Minister Gastinger, and Chancellor Schuessel's meeting with President Bush in December 2005, solidified the close U.S.-Austrian law enforcement connection. The road ahead: The U.S. will continue to support Austrian efforts to create more effective tools for law enforcement. The U.S. will work closely with Austria during its EU Presidency and within other U.S.-EU initiatives, the UN, and the OSCE. Our priority will remain promoting a better understanding of U.S. drug policy among Austrian officials. ¶V. Statistical tables not required VI. Chemical control not required McCAW