Identifier
Created
Classification
Origin
06KATHMANDU2955
2006-11-03 08:04:00
UNCLASSIFIED
Embassy Kathmandu
Cable title:  

2006-2007 INTERNATIONAL NARCOTICS CONTROL STRATEGY

Tags:  SNAR PGOV KTFN NP 
pdf how-to read a cable
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FM AMEMBASSY KATHMANDU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3741
INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 4920
RUEHKA/AMEMBASSY DHAKA PRIORITY 0334
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 3169
RUEHLO/AMEMBASSY LONDON PRIORITY 4555
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0423
RUEHLM/AMEMBASSY COLOMBO PRIORITY 5175
RUEABND/DEA HQS WASHDC PRIORITY
RHEFDIA/DIA WASHDC PRIORITY
RUEHRC/DEPT OF AGRICULTURE WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY
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RHHMUNA/CDR USPACOM HONOLULU HI PRIORITY
UNCLAS KATHMANDU 002955 

SIPDIS

SIPDIS

DEPT FOR SCA/INS, INL

E.O. 12958: N/A
TAGS: SNAR PGOV KTFN NP
SUBJECT: 2006-2007 INTERNATIONAL NARCOTICS CONTROL STRATEGY
REPORT: NEPAL

REF: SECSTATE 157084

SUMMARY
-------

UNCLAS KATHMANDU 002955

SIPDIS

SIPDIS

DEPT FOR SCA/INS, INL

E.O. 12958: N/A
TAGS: SNAR PGOV KTFN NP
SUBJECT: 2006-2007 INTERNATIONAL NARCOTICS CONTROL STRATEGY
REPORT: NEPAL

REF: SECSTATE 157084

SUMMARY
--------------


1. Although Nepal is neither a significant producer of, nor a
major transit route for, narcotic drugs,
domestically-produced cannabis, hashish and heroin are
trafficked to and through Nepal every year. An increase in
the number of Nepalese couriers apprehended by the police
suggests that Nepalis are becoming more involved in
trafficking. Moreover, Nepal's Narcotics Drug Control Law
Enforcement Unit (NDCLEU) reports that more Nepalese citizens
are investing in and taking a larger role in running
trafficking operations. Customs and border controls remain
weak, but international cooperation has resulted in increased
narcotics-related indictments in Nepal and abroad. The
ongoing Maoist insurgency has hindered interdiction and
monitoring efforts in many parts of the country. New in 2006,
the Government of Nepal adopted a Narcotics Control National
Policy that calls for the creation of a Bureau of Narcotics
Control in the Ministry of Home Affairs, to include a special
Nepal police taskforce trained in counter-narcotics.
Legislative efforts are also underway to increase control
over the trafficking of precursor chemicals between India and
China. Nepal is a party to the 1988 UN Drug Convention. End
Summary.

Status of Country
--------------


2. Police confirm that production of cannabis is on the rise
in the southern areas of the country, and that most is
destined for the Indian market. Abuse of locally grown and
wild cannabis and locally produced hashish, marketed in
freelance operations, remains widespread. Heroin from
Southwest and Southeast Asia is smuggled into Nepal across
the open border with India and through Kathmandu's
international airport. Licit, codeine-based medicines
continue to be abused. Nepal is not a producer of chemical
precursors but serves as a transit route for precursor
traffic between India and China.


3. The ongoing Maoist insurgency has obstructed rule-of-law,
interdiction and monitoring efforts in many parts of the
country. The Maoists are most likely involved in drug
smuggling to finance their insurgency. Nepal's Narcotics
Drug Control Law Enforcement Unit (NDCLEU) reports that
Maoists have called upon farmers in certain areas to increase

cannabis production and have levied a 200 Nepal Rupees per
kilogram (approximately USD 2.75) tax on cannabis production.
The inaccessibility of areas due to the insurgency has also
skewed the NDCLEU's statistics.

COUNTRY ACTIONS AGAINST DRUGS IN 2006
--------------

Policy Initiatives
--------------


4. Nepal's basic drug law is the Narcotic Drugs (Control)
Act, 2033 (1976). Under this law, the cultivation,
production, preparation, manufacture, export, import,
purchase, possession, sale, and consumption of most commonly
abused drugs is illegal. The Narcotics Control Act, amended
last in 1993, conforms in part to the 1961 UN Single
Convention on Narcotic Drugs and its 1972 Protocol by
addressing narcotics production, manufacture, sales, import,
and export.


5. In August 2006, the Home Ministry drafted a Narcotics
Control National Policy, and the Cabinet is reviewing it.
Noting the growing incidence of HIV infection among
narcotic-using sex workers, abuse of narcotics and
psychotropic medicines among youth, and illicit trafficking
by organized mafia, the new policy, an update of the 1996
Narcotics Control National Policy, attempts to address these

concerns in a more "transparent and enforceable" manner. It
consists of five strategies to control drug production, abuse
and trafficking: (1) supply control, (2) demand reduction
(treatment and rehabilitation and drug abuse prevention),(3)
risk reduction, (4) research and development, and (5)
collaboration and resource mobilization.


6. To ensure institutional support, the policy calls for the
creation of a Narcotic Control Bureau in the Ministry of Home
Affairs, to include the NDCLEU as well as a special Nepal
Police Taskforce trained in counter narcotics. In addition,
the policy would establish a high-level narcotics control
national guidance and coordination committee and a narcotics
control executive committee, both chaired by the Home
Minister. The policy would also set up an autonomous body to
create a National Drug Demand Reduction Campaign involving
awareness and advocacy programs.


7. Nepal is actively implementing a National Drug Abuse
Control Plan (NDACP),but other proposed efforts still await
legislative approval. Legislative action on mutual legal
assistance and witness protection, developed as part of the
NDACP, has stalled for a fifth year. The government has not
submitted scheduled amendments to its Customs Act to control
precursor chemicals. Legislation on asset seizures, drafted
in 1997 with United Nations Office on Drugs and Crime
assistance, is also awaiting approval. All are under review
by the Ministry of Law and Justice. Legislation on criminal
conspiracy has not yet been drafted.


8. In response to reports from the NDCLEU of increased
trafficking and criminal behavior among Nigerian tourists,
the Home Ministry has sent the MinistryQf Affairs a proposal
to restrict the travel of Nigerians to Nepal. The Home
Ministry and the NDCLEU reported that Nigerians travel on
false passports to Nepal, via South Africa and India, to
widen their organized crime network and traffick heroin,
humans and arms.

Law Enforcement Efforts
--------------


9. The NDCLEU has developed an intelligence wing, but its
effectiveness remains constrained by a lack of communication
and surveillance equipment in rural areas. Coordination and
cooperation among NDCLEU and Nepal's customs and immigration
services, while still problematic, are improving. The
reallocation of resources to fight the Maoist insurgency and
the lack of security in the countryside have hampered crop
destruction efforts. While the amount of destroyed areas of
illicit drugs cultivation has been fluctuating since 1991,
final statistical data for 2005 indicate that destruction of
cannabis plants has declined since 2004. In 2005, 4 hectares
of opium and 121 hectares of cannabis cultivation were
destroyed, compared to 231.5 hectareQof cannabis destroyed
in 2004.


10. The NDCLEU reported that it is responsible for arresting
35 percent of the prisoners in Nepali jails. In 2005, the
Nepal Police arrested 33 foreigners on the basis of drug
trafficking charges. From January-May 2006, police arrested
16 foreigners and 138 Nepalese citizens. In the same time
period, the NDCLEU and local units reportedly seized 1,574
kilograms of cannabis - more than the amount of cannabis
seized in all of 2005 (1,532 kilograms). The NDCLEU also
seized 6 kilograms of heroin in this period, compared to the
9 kilograms seized in 2005. The NDCLEU further reported the
seizure of 63.7 kilograms of hashish (54.3 kilograms in 2005)
and 2.5 kilograms of heroin (1.6 kilograms in 2005) at
Kathmandu's Tribhuvan International Airport (TIA) from
January-May 2006. Most seizures of heroin and hashish in 2006Qoccurred along the Nepal-Indian border, within Kathmandu, or
at TIA as passengers departed Nepal. Seizures of illicit and
licit, but illegally abused, pharmaceuticals in January-May
2006 were higher than 2005 levels.

Corruption

--------------


11. Nepal continues to have no laws specifically targeting
public narcotics-related corruption by senior government
officials, although both provisions in the Narcotics
(Control) Drug Act of 1976 and Nepal's anti-corruption
legislation can readily be employed to prosecute any
narcotics-related corruption. As a matter of government
policy, Nepal neither encourages nor facilitates illicit
production or distribution of narcotics, psychotropic drugs,
or other controlled substances, nor the laundering of
proceeds from illegal drug transactions.

Agreements and Treaties
--------------


12. Nepal is party to the 1998 UN Drug Convention, the 1961
UN Single Convention on Narcotic Drugs, as amended by the
1972 Protocol, and the 1993 South Asian Association for
Regional Cooperation (SAARC) Convention on Narcotics Drugs
and Psychotropic Substances. The Cabinet has signed the
latter and it is now in the House awaiting ratification. In
addition, as agreed upon at the May 2006 SAARC Summit, the
Home Ministry set up a SAARC Drug Offenses Monitoring Desk at
TIA. Nepal has signed, but has not yet ratified, the UN
Convention against Transnational Organized Crime and the UN
Convention against Corruption.

Cultivation/Production
--------------


13. Cannabis is an indigenous plant in Nepal, and cultivation
of developed varieties is rising, particularly in lowland
areas. There is some small-scale cultivation of opium poppy,
but detection is difficult since it is interspersed among
licit crops. Most opium comes from neighboring countries in
South and Southeast Asia. Nepali drug enforcement officials
reported that all heroin seized in Nepal originated
elsewhere. Nepal does not produce precursor chemicals.
Importers of dual-use precursor chemicals must obtain a
license and submit bimonthly reports on usage to the Home
Ministry.


14. According to the Home Ministry, there have been no
seizures of precursor chemicals since 1997. There have not
been reports of the illicit use of licensed imported dual-use
precursor chemicals. Nepal is used as a transit route to
funnel precursor chemicals between India and China. With
ratification of the SAARC Convention on Narcotics Drugs and
Psychotropic Substances, which holds countries liable for
policing precursor chemicals, the Home Ministry said it
planned to assert control over precursor chemicals. These
chemicals are currently under the jurisdiction of the
Ministry of Health and are not carefully monitored for abuse.


Drug Flow/Transit
--------------


15. According to NDCLEU, evidence from narcotics seizures
suggests that narcotics transit Nepal from India, Pakistan,
and Afghanistan to other countries in the region and to
Europe, the U.S. and Japan. Media reports have claimed that
most narcotics are bound for India, and law enforcement
sources indicated that most seizures occur at the India/Nepal
border. The NDCLEU said customs and border controls were weak
along Nepal's land borders with India and China, while the
Indian border was essentially open. Security measures to
interdict narcotics and contraband at TIA and at Nepal's
regional airports with direct flights to India were also
inadequate. The Government of Nepal (GON),along with other
governments, is working to increase the level of security at
the international airport, and the Nepal Army is detailed to
assist with airport security. The NDCLEU took the increase
in arrests of Nepalese couriers in other countries as an
indication that Nepalese were becoming more involved in the
drug trade both as couriers and as traffickers, and that

Nepal may be increasingly used as a transit point for
destinations in South and East Asia, as well as Europe
(Spain, the Netherlands and Switzerland). The NDCLEU has also
identified the United States as a final destination for some
drugs transiting Nepal, typically routed through Bangkok.

Domestic Programs (Demand Reduction)
--------------


16. The GON has continued to implement its national drug
demand reduction strategy in association with the Sri
Lanka-based Colombo Plan, the United States, UNODC, donor
agencies, and NGOs. However, resource constraints have
limited significant progress.

U.S. POLICY INITIATIVES AND PROGRAMS
--------------

Policy Initiatives
--------------


17. U.S. policy is to strengthen Nepal's law enforcement
capacity to combat narcotics trafficking and related crimes,
to maintain positive bilateral cooperation, and to encourage
Nepal to enact and implement appropriate laws and regulations
to meet all objectives of the 1988 UN Drug Convention. The
United States, NDCLEU, and other donors work together through
regional drug liaison offices and through the Kathmandu
Mini-Dublin Group of Countries Offering Narcotics Related
Assistance.

Bilateral Cooperation
--------------


18. The United States works with GON agencies to help
implement Nepal's master plan for drug abuse control and to
provide expertise and training in enforcement. Nepal
exchanges drug trafficking information with regional
neighbors and occasionally with destination countries in
Europe in connection with international narcotics
investigations and proceedings.

The Road Ahead
--------------


19. The United States will continue information exchanges,
training, and enforcement cooperation; work with the UNODC to
further enhance the efforts of the NDCLEU and support their
demand reduction and social rehabilitation efforts; provide
support to various parts of the legal establishment to combat
corruption and improve rule of law; and support improvements
in the Nepali customs service. The United States will also
encourage the GON to enact stalled drug legislation.
MORIARTY