PRESIDENT FOX'S NATIONAL SECURITY LEGACY

UNCLAS SECTION 01 OF 05 MEXICO 006085

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV KCRM SNAR PTER SMIG MX
SUBJECT: PRESIDENT FOX'S NATIONAL SECURITY LEGACY

REF: A. MEXICO 3296

B. MEXICO 3117

C. MEXICO 3297

D. MEXICO 3305

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Summary
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1. (SBU) This is the first in a series of four cables
assessing the key accomplishments of President Vicente Fox
Quesada during his six years in office, including the
expansion of bilateral cooperation that helped Mexico advance
in areas of greatest interest to the USG. It focuses on
progress made in national security; the economy and social
welfare; governance, human rights and foreign policy; and the
environment. Fox's record--which will not be complete until
December 1, 2006 when he leaves office--was far from perfect,
and while a brief assessment of Fox's failures or
shortcomings is included at the end of each report, the
emphasis of these cables is on the principal achievements
that moved Mexico forward between 2000 and today.


2. (SBU) Summary continued: During the Fox years, Mexico made
steady progress in the area of national security, and the
level of USG-GOM law enforcement cooperation was
substantially improved when compared with the situation prior
to Fox's election. After September 11, 2001, the GOM
responded to USG requests to prioritize counterterrorism (CT)
cooperation, which resulted in an increased emphasis on
border security projects focused, inter alia, on special
interest aliens (SIAs) and alien smuggling. The GOM expanded
and solidified the professionalization of federal law
enforcement institutions, and Fox oversaw a dramatic increase
in arrests of drug kingpins. Drug interdiction also
improved. The number of annual extraditions nearly tripled
from the beginning to the end of his presidency, and
deportations increased markedly. This paper does not address
bilateral military cooperation, and a discussion of Mexico's
persistent security deficiencies is limited to the comment
paragraph. End summary.

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Law Enforcement Infrastructure Development
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3. (SBU) During the Fox sexenio, Mexico restructured and
strengthened the institutions directly responsible for
fighting organized crime. The GOM pushed forward with
reforms aimed at establishing more professional police
institutions and promoting greater accountability and
transparency. It created the Federal Investigative Agency
(AFI) and further developed the Federal Preventive Police
(PFP),which have both worked closely with U.S. law
enforcement. New legislation gave the Attorney General's
Office (PGR) and AFI more autonomy to investigate, arrest and
prosecute major criminals. Several PGR entities established
professional cadres of investigators, analysts, and
technicians, and AFI agents played a central role in the
investigation and arrest of drug traffickers, violent
kidnappers, and corrupt officials. As a result of
coordination and cooperation between the USG and PGR/AFI
Special Investigative Units (SIUs),there were approximately
19 DEA tier 1 and tier 2 targets arrested between 2002 and

2006.

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Border Security and Safety Cooperation
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4. (SBU) Under Fox, USG-GOM law enforcement cooperation
became more effective and more routine, characterized by
enhanced communication channels and greater
information-sharing, including about SIAs. The Mexico-U.S.
Border Partnership signed in March 2002 served as an initial
framework to institutionalize border security cooperation and
was later incorporated into the Security and Prosperity
Partnership (SPP). Under the Smart Border Action Plan, Fox's
government implemented the Advance Passenger Information

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System (APIS) in 2004, establishing an important screening
and enforcement tool that allows the USG and GOM to exchange
"real time" information regarding airline passengers
perceived as threats to national security. The GOM's
continued cooperation in APIS has led to the capture of
approximately 50 fugitives and represents a significant step
in coordinating aviation and border security.


5. (SBU) In August 2005, the USG and GOM also implemented the
Operation Against Smugglers Initiative on Safety and Security
(OASSIS),a standardized prosecution program to identify and
prosecute smugglers and human traffickers on both sides of
the border and save lives of migrants put at risk by criminal
organizations. The USG has turned over to the GOM 497 cases
to date for prosecution (approximately 300 cases have been
accepted),demonstrating its value as a tool that reduces the
number of human smugglers operating along the border.


6. (SBU) The Border Security and Public Safety Working Group
formed in March 2006 has become another important tool for
bilateral cooperation, establishing protocols between both
governments to respond to critical incidents and emergencies
along the border. It remains in the pilot stage. The USG
was able to further develop its border security relationship
with the GOM under President Fox through training programs,
which focused on using non-intrusive inspection equipment,
detecting weapons of mass destruction, and identifying
fraudulent documents.

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Counter-Terrorism
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7. (SBU) Information sharing on CT issues under the Fox
administration has been commendable (ref A). USG law
enforcement agencies have enjoyed particularly strong
relationships with the Center for National Security
Investigations (CISEN--the GOM civilian intelligence and
security service) and the National Migration Institute (INM).
The GOM worked with the USG to enhance aviation, border,
maritime, and transportation security, secure critical
infrastructure, and combat terrorism financing. The March
2005 launching of the SPP, which consists of ten
security-related goals within its Security Pillar,
institutionalized mechanisms for information exchange across
agencies and levels of our respective governments.


8. (SBU) Among the most important new efforts developed, the
GOM coordinated with the USG on information sharing of
APIS-derived data and the use of its Integrated System for
Migratory Operations (SIOM). Efforts are now underway to
expand the dissemination of the APIS-derived information
automatically and directly to CISEN. The USG and GOM also
agreed to share on an ad hoc basis biometric data for
inclusion in the Integrated Automated Fingerprint
Identification System (IAFIS). Under President Fox, there
were no incidents detected in which terrorists sought to
exploit Mexican territory to attack the U.S. or U.S interests.

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Counter-Narcotics
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9. (SBU) The Fox administration has been especially effective
in stepping up Mexico's efforts against narcotrafficking and
the cartels it regards as national security threats. Between
2000 and 2005, GOM authorities arrested more than 57,000 drug
traffickers, including kingpins such as Osiel Cardenas
Guillen of the Gulf Cartel and Benjamin Arellano Felix of the
Tijuana Cartel, in ongoing efforts to dismantle major drug
organizations operating in Mexico. Most major indicators of
counter-narcotics effectiveness increased during the Fox
administration when compared to statistical data for the
preceding Zedillo government. Average annual eradication of
opium poppies increased from 16,002 hectares during 1995-2000
to 19,168 hectares during 2001 to 2005 (complete data is not
yet available for 2006). Eradication of marijuana rose
markedly, from 26,437 (1995-2000) to 31,550 hectares
(2001-2005). Average annual heroin seizures totaled 324

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kilos (2001-05) versus 221 kilos (1995-2000). The annual
rate of cocaine seizures is the only major indicator that
decreased slightly during the Fox years compared to the
previous administration, at 24.5 tons versus 25.9 tons.
(Note: Since cocaine is not produced in Mexico, however, this
variation may be attributable to changes in international
trafficking patterns. End note).


10. (SBU) Under President Fox, the GOM and the USG achieved
unprecedented levels of cooperation in deploying
infrastructure to inhibit illicit narcotics trafficking (ref
B). Using a combination of GOM and State/INL funds, Mexico
installed 86 contraband detection units using sophisticated
gamma ray technology at strategic points along our common
border. Other INL-funded efforts led to the addition of new
and refurbished helicopters to augment the PGR's interdiction
fleet; provision of vehicles and training to AFI for use in
safe destruction of clandestine methamphetamine and other
drug laboratories; the furnishing of telecommunications,
computer and command/control infrastructure to various
components of the PGR; and specialized training for thousands
of Mexican law enforcement and aviation support officers in
anti-narcotics operations and techniques.

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Money Laundering
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11. (SBU) The USG developed strong working relationships with
the Financial Intelligence Unit of the PGR and its companion
unit in the Mexican Treasury (Hacienda) in combating money
laundering, terrorist financing, and narcotics trafficking.
Notable was the task force deployment to the Mexico City
airport that included elements from AFI, Mexican customs, and
prosecuting attorneys from the PGR's anti-money laundering
criminal prosecution section. The Bulk Currency Smuggling
Initiative was launched in July 2002 and has resulted in $57
million in seizures of bulk cash transfers at Mexican ports
of entry, including seizures associated with tax evasion,
narcotics trafficking, public corruption, bank fraud, and
alien smuggling. These seizures have resulted in the
identification and dismantling of several money laundering
cells. Under Fox, the first joint U.S.-GOM wire intercept
investigation was also initiated targeting a money laundering
group in Mexico with connections to the U.S.


12. (SBU) Despite excellent USG-GOM cooperation, money
laundering remains a significant problem in Mexico, and the
USG would like to see more Mexican resources dedicated to
tackling the problem. While our cooperation with the Fox
administration reached new heights, the underlying legal
framework remains inadequate, and the Fox administration was
unable to improve that framework for a variety of political
reasons. Specifically, the Embassy would like to see changes
being made to the judicial processes required for Hacienda's
Financial Intelligence Unit to certify money laundering
crimes, prosecutorial ability to "layer" or "stack" several
related charges including money laundering, better efforts to
stop federal income tax evasion in association with major
narcotics trafficking and other federal crimes, and the
establishment of a specific Mexican penal charge against
money laundering connected with terrorism.

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Extradition under the Fox Administration
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13. (SBU) Bilateral cooperation in returning fugitives to the
United States by extradition and other legal means increased
significantly under Fox. Although extradition in Mexico is a
judicial process often delayed by a defendant's right to
appeal, the GOM has advocated strongly on behalf of the USG
before the Mexican courts. In the phase of the extradition
process requiring a decision from the executive, the GOM also
has made clear its firm policy to grant the extradition of
criminals, regardless of their nationality, to face justice
where they have committed crimes. The GOM has used its
immigration laws to expeditiously deport fugitives to the
U.S. in lieu of the often lengthy extradition process.

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14. (SBU) This improved cooperation can be seen in the annual
numbers of fugitives extradited by Mexico to the U.S., which
have increased in each of the last six calendar years:

--2001 = 17 fugitives extradited
--2002 = 25 fugitives extradited
--2003 = 31 fugitives extradited
--2004 = 34 fugitives extradited
--2005 = 41 fugitives extradited
--2006 = 50 fugitives extradited (January - October 24)

Of the 198 fugitives extradited by Mexico during the Fox
sexenio, 120 have been Mexican citizens, with the majority
wanted in the U.S. for the most serious of crimes. By
comparison, only 68 fugitives, including 8 Mexican citizens,
were extradited by Mexico to the U.S. during the Zedillo
administration (1995-2000).


15. (SBU) Excellent cooperation between the USG and the INM
and AFI, as well as Mexican authorities' aggressive use of
their immigration laws to deport foreign fugitives to the
U.S., resulted in an unprecedented 198 fugitives being
deported to the U.S. in 2005. Although exact figures are not
available, this speedy alternative to extradition was used
much more sparingly in previous administrations.


16. (SBU) In 2006, the Mexican Supreme Court issued landmark
decisions removing significant obstacles to extradition,
including a former prohibition on the extradition of
fugitives who faced life imprisonment without the possibility
of parole in the United States. In 2001, the Mexican Supreme
Court reaffirmed the executive's exclusive discretion to
grant or deny extradition based on the Mexican nationality of
the defendant, a right which the GOM made full use of.


17. (SBU) The Fox government did not extradite a major
narcotics cartel leader to the United States. While
important leaders of Mexican drug cartels were arrested in
Mexico, they face Mexican criminal charges in addition to
extradition requests by the U.S. (Note: Mexico has extradited
high-profile fugitives including Francisco Rafael Arellano
Felix, cop-killer Raul Gomez Garcia, and even drug
traffickers charged under the U.S. Kingpin Statute (21 USC
848). However, none of these individuals would be considered
top-level leaders of Mexican drug cartels. End note).
Pending extradition reform legislation, when enacted, would
mitigate delays by allowing the surrender of such fugitives
to the U.S. before completion of their Mexican sentences.

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Comment
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18. (SBU) At the beginning of the Fox administration, the
U.S. sought more effective law enforcement cooperation with
the GOM, rapid moves to extradite a number of major criminals
and to deport American fugitives, less corrupt Mexican law
enforcement institutions, and better GOM control of Mexico's
southern border. After September 11, 2001, the focus on
intensifying USG-GOM security cooperation grew, especially
regarding CT, and Mexico largely responded to the challenge,
although specific improvements are still needed (ref A).


19. (SBU) Despite initial delays, the GOM also cooperated in
extraditing important criminals and deporting American
fugitives, although these extraditions have not yet yielded a
major cartel leader. Notwithstanding the Fox
administration's significant accomplishments in arresting
drug kingpins and other traffickers, Mexico faces a crisis in
narcotics-related violence along the border (as well as
domestic insecurity more generally) that requires urgent
attention (ref C).


20. (SBU) The GOM's record at rooting out endemic corruption
among its law enforcement entities has been targeted toward
units with which the USG cooperates, but has been
unremarkable otherwise. The GOM achieved significant
progress in establishing more effective, professional

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enforcement institutions through the creation and development
of AFI and PFP, respectively. Nevertheless, Mexican law
enforcement agencies, including AFI and PFP, too often fail
to coordinate horizontally across other Mexican law
enforcement entities, placing significant but artificial
limits on what has otherwise been remarkable progress. The
GOM has also done little to secure its southern border and
even less to reduce violence and illegal migration and
promote interdiction along the northern border (ref D).
While the Fox government has made important advances in
national security relative to its predecessors, Mexico still
has a long way to go.


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