KAZAKHSTAN: 2008-2009 INCSR REPORT, PART 1

UNCLAS SECTION 01 OF 06 ASTANA 002380

STATE FOR INL, SCA/CEN, SCA/RA

SIPDIS

E.O. 12958: N/A
TAGS: SNAR KCRM KCOR PREL KZ

SUBJECT: KAZAKHSTAN: 2008-2009 INCSR REPORT, PART 1

REF: STATE 100992


1. (U) Sensitive but unclassified. Not for public Internet.


2. (SBU) SUMMARY: In response to reftel, please find below Part 1
of the 2008 International Narcotics Control Strategy Report (INCSR)
for Kazakhstan. Kazakhstan is still affected by the expansion of
international drug trafficking and continues to fight drug
trafficking, focusing on improvements to legislation, prevention,
and supply reduction. Law-enforcement agencies in Kazakhstan have
focused their efforts on disruption of the trafficking route from
Afghanistan, which is the main source of narcotics into and
throughout the country. Afghan heroin transported along the
northern route supplies Kazakhstan's domestic market and transits
Kazakhstan to Russia and onward to Europe. Kazakhstan continues
implementation of two, large-scale programs to combat corruption and
drug trafficking mandated by President Nazarbayev. Strengthening
the borders, especially in the south, is a priority for the
government. Kazakhstan acceded to the 1988 UN Convention against
Illicit Trafficking of Narcotics and Psychotropic substances
(Narcotics Convention) in April 1997 and is also party to the United
Nations Convention against Corruption. END SUMMARY.

COUNTRY CONTEXT AND CONTRIBUTING FACTORS


3. (SBU) Its geographic location, relatively developed
transportation infrastructure, the openness of its borders with
neighboring countries, and its social and economic stability have
made Kazakhstan a major transit zone for narcotics and psychotropic
substances. This year, the drug situation in Kazakhstan has been
characterized by a decrease in the total number of registered
drug-related crimes and a significant increase in the volume of
seized drugs, including heroin.


4. (SBU) The main factors influencing illegal drug use and sales in
Kazakhstan are the expansion of Afghan production, the importation
of synthetic drugs from Russia and Europe, and the presence of
naturally-growing marijuana in Southern Kazakhstan. The main types
of drugs illegally crossing into and through the country are Afghan
opiates, synthetic drugs, and cannabis. During the first nine
months of 2008, there was a significant increase in the volume of
seized heroin (from 379 kilos to 1.5 metric tons, a 300% increase
compared to the same period last year).

TOUGHER PENALTIES FOR DRUG-RELATED CRIMES


5. (SBU) A law signed on June 26 by President Nazarbayev that
amends the Criminal, Criminal Procedural, and Administrative Codes
introduced tougher punishments for drug-related crimes, which is
consistent with article 24 of the Narcotics Convention stipulating
application of stricter measures than those required by the
Convention. The new law increases the most serious penalty for
drug-related crimes to life imprisonment. Because of the threat to
Kazakhstani national security posed by narco-trafficking, the new
law defines certain drug-related crimes as "especially grave" and,
thus, life imprisonment is now available in cases of trafficking in
large quantities; participation in drug-related crimes as part of a
criminal organization; drug sales in an educational institution
and/or to minors; and sale or distribution of drugs resulting in
death.


6. (SBU) Article 319-1 of the Administrative Code penalizes
entrepreneurs of entertainment facilities who do not take measures
to stop the sale and/or consumption of drugs, psychotropic
substances, and precursors. Fines are determined by the status of
the owner and are based on the Monthly Calculated Index (MCI),which
is determined annually and is the basis of all fines and taxes for
both individuals and businesses. Additionally, MCI is also the
basis for pension calculations and benefits. MCI is currently 1,168
KZT (approximately $9).


7. (SBU) The amended counter-narcotics legislation is believed to
have been a factor in the recent increase in narcotics use,
including among heroin and opium users. The average price of heroin
nearly doubled in the northern regions of the country and increased
an average of 130% in the southern regions.


8. (SBU) The serious problem of seized drugs being resold by
corrupt police was dealt with by introducing amendments to the
Criminal Procedure Code allowing for the destruction of more than
the minimum amount necessary for evidence as soon as forensic
testing is completed. The minimum amount would be retained and
entered into evidence, along with the forensic report, during
trial.

POLICY INITIATIVES


9. (SBU) In November 2005, President Nazarbayev signed a decree
approving a strategy to combat drug addiction and trafficking for
2006-2014. The purpose of the strategy was to create a full-scale

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system in which both the government and civil society together
counteract the problems of drug addiction and narco-business.


10. (SBU) The 2006-2008 Astana-Drug Free City program, announced by
President Nazarbayev in September 2006, focuses on demand reduction,
treatment of drug addiction, and combating drug trafficking.

The Ministry of Internal Affairs (MVD),jointly with other law
enforcement agencies, is charged with implementing this program, in
which law-enforcement agencies target night clubs and other areas
where drugs are sold. As a result of the program, law enforcement
agencies in Astana reported 198 drug-related crimes during the first
nine months of 2008. One hundred thirty-six of these crimes
involved sales. The volume of seizures in Astana increased by 62.7%
and the total amount of heroin seized in Astana has increased by
more than 600%.


11. (SBU) In accordance with Article 11 of the Narcotics
Convention, Kazakhstan participates in controlled deliveries.
During the first nine months of 2008, 27 controlled deliveries,
including 12 cross-border operations, were conducted by Kazakhstani
law-enforcement bodies. Kazakhstan conducted five controlled
deliveries jointly with colleagues from the Kyrgyz Republic and the
Russian Federation and two operations with Tajikistan. These
operations resulted in the seizures of 600 kilos, including over 88
kilos of heroin.

LAW-ENFORCEMENT EFFORTS


12. (SBU) Kazakhstan actively fights narco-trafficking to and
throughout the country. For example, special services share
information with their colleagues from neighboring countries. The
Border Guard Service has jurisdiction over trafficking across the
border, while counter-narcotics operations in country are conducted
by Ministry of Internal Affairs (MVD) units and the Committee for
National Security (KNB),with the goal of ultimately arresting the
leaders of trafficking rings.


13. (SBU) All law-enforcement agencies combined reported 7,883
drug-related crimes, including 295 cases of trafficking during the
first nine months of the year. A total of 23 tons, including 200
kilos of drugs and psychotropic substances, were seized during that
period, which is a 6.5% increase over the same period last year (21
tons, 787 kilos were seized during the same period in 2007). The
total includes 1,514 kilos of heroin (nearly a 300% increase over
last year's seizures of 378 kilos),14 kilos of opium (a decrease of
92.9% from last year's 197 kilos),327 kilos of hashish (a 74.7%
increase),and 21,196 kilos of marijuana (a 3.6% increase over last
year's 20,467 kilos).


14. (SBU) Kazakhstani law-enforcement agencies have focused on
conducting quality operations against entire cartels and not just
the arrest of small couriers to increase seizure statistics. Over
nine months, the MVD crushed eight organized criminal groups, whose
members committed 51 drug-related crimes. As a result of these
operations, the police seized 48.763 kilos of drugs, including 37
kilos of marijuana, over 10 kilos of heroin, and one kilo of
cannabis resin.


15. (SBU) Two record seizures marked 2008. In March, the Customs
Service seized 537 kilos of heroin at the Kairak border checkpoint
on the Kazakhstani-Russian border utilizing a stationary X-ray
machine. Two Russian citizens were sentenced to 13 years in prison
as a result. The cargo was en route from Uzbekistan to Saint
Petersburg. The drug couriers reportedly were paid $8,000 to
transport the heroin to Russia. The year's second large seizure was
of 120 kilos of heroin by the MVD's Committee on Combating Drugs, in
cooperation with the U.S. Drug Enforcement Administration and
Turkish law enforcement.


16. (SBU) The law enforcement agencies of Kazakhstan, Russia,
Tajikistan and Uzbekistan, with the assistance of Afghanistan, broke
up one of the largest Central Asian trafficking organizations, which
transported heroin and opium through Central Asia to Russia. As a
result of the multi-stage, three-year Operation "Typhoon,"
law-enforcement agencies opened 24 criminal cases and arrested 42
members of an international drug ring, including 14 citizens of
Kazakhstan. A total of 800 kilos of heroin and 100 kilos of opium
were seized in four countries during the operation. As a result of
the operation, all branches were disrupted in participating
countries. Traffickers working for the cartel transported drugs via
two routes: from Shymkent (on the Kazakhstani-Uzbek border) through
Taraz, Karaganda, Astana, and Petropavlovsk and from Shymkent
through Taraz, Almaty, Taldy Korgan, and Ust-Kamenogorsk.


17. (SBU) As a result of the successful operations and the latest
amendments to legislation, drug prices have increased throughout the
country. In Astana, prices have doubled to $600 for a kilo of
marijuana, $5,000 for hashish, and $10,000 for heroin. In Almaty, a
kilo of marijuana is up to $400 from last year's $250. In Pavlodar,

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a kilo of heroin ranges from $10,000 to $15,000, an increase over
last year's $8,000.


18. (SBU) During the reporting period, 5,756 people were detained
for drug-related crimes (A decrease of 6.6% from last year). The
number of women, minors, and repeat offenders committing
drug-related crimes has decreased by 4.2% for women (from 684 to
655),36.5% for minors (from 52 to 33),and 4.9% for repeat
offenders (from 288 to 274). Convictions for drug-related crimes
have also decreased from 5,850 to 5,326. Of those convicted, 575
were women and 31 were minors.


19. (SBU) The Kanal-2008 (Channel) interstate operation was
conducted within the framework of the Collective Security Treaty
Organization (CSTO) on September 15-23. The purpose of the
operation was the detection and disruption of trafficking from
Central Asia and Afghanistan and the dismantling of transnational
organized criminal groups involved in trafficking. In Kazakhstan,
the operation resulted in the discovery of 274 drug-related crimes,
including 97 cases of sales and nine cases of trafficking, with the
seizure of 1.4 metric tons of drugs, including 133 kilos of heroin.

CORRUPTION


20. (SBU) As a matter of government policy, Kazakhstan does not
encourage or facilitate illicit production or distribution of
narcotic or psychotropic drugs or other controlled substances, or
the laundering of proceeds from illegal drug trafficking. There
were no cases of senior government officials engaged in the illicit
production or distribution of drugs. However, there were several
reported cases of corrupt police officers.


21. (SBU) Two officers of the Criminal Police Unit and two officers
of the Counter-Narcotics Unit in Southern Kazakhstan were sentenced
to 10 to 12 years after having been convicted of the storage and
sale of drugs and the abuse of their official position. As a result
of an undercover KNB operation in January, the four officers were
arrested for attempting to force a recently-released convict to sell
drugs that had been previously seized.


22. (SBU) The 1998 Law on Combating Corruption and Presidential
Decrees on Measures for Strengthening the Fight Against Corruption
(2005) and On the State Program on Combating Corruption for
2006-2010 were passed or issued to deal with the issues of
government corruption. The 2003 UN Convention on Corruption was
ratified in May 2008.


23. (SBU) In November, President Nazerbayev announced the need for
further law-enforcement reforms. The system he proposed would be
effective, transparent, and would serve the interests of the people.
Nazarbayev also proposed that fight against government corruption
should be concentrated in one body. Currently, all state agencies
are mandated to take measures to combat corruption internally. To
prevent corruption in the MVD, it conducts internal seminars about
anti-corruption legislation.

AGREEMENTS AND TREATIES


24. (SBU) The United States and Kazakhstan signed the seventh
Supplementary Protocol to the Memorandum of Understanding on
Narcotics Control and Law Enforcement on August 29 to support demand
reduction programs and the sixth Supplementary Protocol on September
29 to support border security, counter-narcotics and
anti-trafficking in persons programs.


25. (SBU) The law-enforcement bodies of Kazakhstan closely
cooperate with the Agency of the Kyrgyz Republic on Drug Control,
the Agency on Drug Control of the Republic of Tajikistan, the
Federal Service of the Russian Federation on Drug Control, and the
National Center on Drug Control of the Cabinet of Ministers of the
Republic of Uzbekistan. The intergovernmental interagency
agreements on cooperation in the area of combating drugs are the
legal basis for this cooperation. These countries conduct joint
operations and investigations, demand reduction events, special
operations, exchange of operative information and methodological
literature, working meetings, and other activities.


26. (SBU) The pilot phase of the Central Asian Regional Information
Coordination Center (CARICC) was launched on November 1, 2007, in
Almaty. UNODC recruited the core staff for the pilot phase. CARICC
has already participated in controlled delivery operations.
Kazakhstan believes that CARICC will become an effective
organization which will collect operational information and analyze
it. Kazakhstan ratified the CARICC agreement on November 6 and,
with the ratification of Tajikistan six days later, CARICC has the
required ratifications for the agreement to enter into force.
Turkmenistan and Kyrgyzstan had previously ratified the agreement.
According to the terms of the CARICC agreement, signed by all of the
countries of Central Asia, Russia, and Azerbaijan, the agreement
officially enters into force 30 days after Kazakhstan receives the

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fourth ratification instrument.


27. (SBU) CARICC has established professional relationships with
Europol, Interpol, the World Customs Organization, and other
professional agencies. DEA is opening an office in Almaty to allow
for closer contact with both Kazakhstan and CARICC.

CULTIVATION/PRODUCTION


28. (SBU) A favorable climate in Kazakhstan contributes to the
growth of wild marijuana, equisetum ephedra, and opium poppies.
Such plants grow on over 1.2 million hectares in Almaty, Zhambyl,
South Kazakhstan, Kyzylorda, and East Kazakhstan regions. The
largest source of marijuana in Kazakhstan is the Chu Valley in the
Zhambyl region. Marijuana with a high THC content grows naturally
on an estimated 138,000 hectares in the Chu Valley. The approximate
annual harvest is estimated to be as high as 145 thousand tons of
marijuana or 6,000 tons of hashish.


29. (SBU) The government has considered various proposals to fight
marijuana cultivation in the Chu Valley, including introduction of a
quarantine zone in the region or establishing industrial processing
of wild marijuana.


30. (SBU) By order of the Minister of Interior, the Committee on
Combating Drugs established two new units in May 2007 which are
believed to have resulted in a 17% increase in the prices for all
cannabis-related drugs. The "Ontustik" (South) unit combats
organized crime in South Kazakhstan and the "Delta-Dolina" unit
focuses on criminal groups and suppliers in the Chu Valley.


31. (SBU) Operation "Mak" (Poppy) is an annual operation conducted
from May 25 to October 25 to combat the harvesting of illicit crops
and disrupt drug cartels in the Chu Valley. During the operation,
the Committee on Combating Drugs closely cooperates with the Border
Guard Service of the Committee for National Security (BGS) and
creates a security zone around the valley to prevent the movement of
the crop out of the valley. Inter-agency mobile units also conduct
patrols throughout the valley. As a result of the operation,
law-enforcement agencies found 230 separate illicit crop
cultivations, including 24 areas growing poppies and 206 areas
growing marijuana over a total area of 11,079 square meters. Over
20 tons of drugs, including those being trafficked through the area,
were seized during this year's operation, including 50 kilos of
heroin, 20 tons of marijuana, over two kilos of opium, and 74 kilos
of hashish. The MVD registered 3,754 drug-related crimes, including
1,476 cases of sales and 107 cases of trafficking. The operation
also resulted in the detention of 3,170 offenders. Despite the
discovery of poppy cultivation, law-enforcement agencies have not
yet discovered a heroin lab in Kazakhstan. It is believed that the
majority of the raw opium from the Kazakhstani poppies is smoked,
chewed, or eaten. (NOTE: An average user chews or eats 5-10 grams
of raw opium. END NOTE).


32. (SBU) On July 28, police closed a lab producing pervitin
(methamphetamine hydrochloride) in Pavlodar (Northern Kazakhstan).
Methamphetamine is included in the list of drugs, psychotropic
substances, and precursors that are subject to control under
Kazakhstani legislation. The lab was operated by a Russian citizen
who learned to build and operate a lab from a fellow prisoner in
Tolyatti, Russia while serving a two-year term for a drug-related
crime.

DRUG FLOW/TRANSIT


33. (SBU) Despite the large amount of domestic production,
Kazakhstan faces a much more serious threat from the transit of
narcotics. As a result of the transit, the country faces an
increasing problem with addiction. International experts estimate
that 10%-15% of drugs trafficked through Kazakhstan remain in the
domestic market.


34. (SBU) The main types of drugs trafficked through Kazakhstan are
Afghan opiates (heroin and opium),synthetic drugs (LSD and
ecstasy),marijuana, and hashish. Police discovered no labs
producing heroin, LSD, or ecstasy during 2008.


35. (SBU) The delivery and sale of synthetic drugs was disrupted by
the KNB in the North Kazakhstan region, where 500 doses of ecstasy
from the Netherlands were seized. The price of one pill was
estimated at approximately 15 Euro. In the Jamaika night club in
Astana, the MVD detained a distributor of 50 ecstasy pills, who was
later convicted and sentenced to ten years in prison. Though the
majority of ecstasy seized in Kazakhstan has previously been from
Europe, this year the MVD seized some ecstasy that had been imported
from Istanbul.


36. (SBU) According to officers working at internal narcotics
checkpoints, trucks traveling under the UN International Road
Transport Convention (TIR) are being used to traffic narcotics

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through the country. Recent seizures in TIR vehicles have confirmed
these suspicions. The TIR Convention was drafted to facilitate the
international shipment of goods and was meant to simplify and
harmonize administrative formalities. Article 5 of the TIR
Convention stipulates that goods carried in sealed vehicles or
containers shall not be subjected to examination by customs
officials en route. However, to prevent abuses, customs authorities
may, in exceptional cases and particularly when irregularity is
suspected, examine the goods.


37. (SBU) Though there are definite advantages for countries in the
Convention, such as avoiding long delays at the borders and physical
inspection of goods in transit, it is clear that traffickers are
exploiting the TIR Convention. Law-enforcement agencies on the
border and inside the country have said that more truck scanners are
needed to detect contraband in sealed trucks. However they are also
clamoring for reconsideration of the rules of the TIR Convention, to
allow for inspection of vehicles.

DOMESTIC PROGRAMS/DEMAND REDUCTION


38. (SBU) In order to address the serious issue of drug addiction
in Kazakhstan, the MVD is working closely with the Ministry of
Culture and Information, the Ministry of Health, and the Ministry of
Education and Science to conduct demand reduction and prevention
campaigns. The Ministries implemented a pilot project in September
to detect drug consumption among university students. Law
enforcement and medical personnel are conducting drug tests at a
university in Astana and will forward the results to parents and
conduct statistical analysis on the results.
The aim of the project is to raise awareness among the public,
parents, teachers, and members of Parliament about the necessity for
obligatory drug tests in educational institutions, including
universities and secondary schools.


39. (SBU) In the demand reduction area, interested agencies
conducted over 4,500 events, including large-scale demonstrations,
seminars, round tables, conferences, lectures, and sport
competitions. A total of 270,000 people participated in these
events. With the help of state agencies and the local
administration, 2,600 clubs were established to encourage youth to
lead a healthy life-style. An estimated 688,000 people have visited
these clubs. Approximately 6,400 anti-narcotics materials were
issued since the beginning of the year, including TV and radio
programs and printed materials.


40. (SBU) Secondary schools in Kazakshtan include discussions of
the dangers of drug use with students in their curricula, encourage
students to seek help from social and psychological services, and
work directly with parents when necessary. The Ministry of
Education and Science also introduced special demand-reduction
courses in the academic curricula at schools. As part of this
program, experts in drugs, psychologists, and police deliver
lectures to students.


41. (SBU) Kazakhstan also conducts harm-reduction programs through
educational campaigns and needle exchanges. In accordance with the
2006-2010 program, those with AIDS from vulnerable populations
receive contraceptives, educational materials, needle exchanges, and
treatment of infections on a free confidential basis. Friendly
clinics and government and NGO hotlines deliver these services.

BILATERAL COOPERATION


42. (SBU) The International Narcotics and Law Enforcement Section
(INL) of the U.S. Embassy works with the United Nations Office on
Drugs and Crime (UNODC) to strength the Rubezh-Narkotiki (internal
narcotics) checkpoints. UNODC provides communications equipment to
six posts throughout the country. Based on the results of an
assessment of the Rubezh checkpoints, INL arranged a series of
training events for personnel working at the checkpoints. To
support the future sustainability of counter-narcotics training
capacity, INL equipped a computer lab and provided conference and
interpretation equipment to the Interagency Scientific and
Analytical Counter-Narcotics Training Center in Almaty.


43. (SBU) The International Organization for Migration (IOM) is the
implementing partner in the project to strengthen the Kazakhstani
side of the Kazakhstani-Russian border. IOM recently established a
second Border Guard Training Center in Uralsk, Western Kazakhstan.


44. (SBU) One of the major programs initiated in 2008 was a canine
program with all law-enforcement agencies. INL funded the purchase
of three dogs and sponsored the attendance of three Kazakhstani
officers at a two-month course at the Canine Center in Bad Kreuzen,
Austria. The training of the first three dogs was meant to acquaint
Kazakhstanis with the Austrian method of training dogs for the
search of drugs and allow Kazakhstani and Austrian officials to
exchange experience in this area. The Austrian method uses training
approaches that minimize stress and conflict and maximize

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psychological work with the dogs. The training of instructors was
followed by a series of interagency training programs in Kazakhstan.
Through its grant to IOM, INL is renovating sections of the canine
facility at the Military Institute of the Committee for National
Security.


45. (SBU) To increase border security capacity, INL continues its
close cooperation with the Border Guard Service and the Military
Institute of the Committee for National Security. Post provided
drug detection equipment and training in its use to border posts.
Two instructors of the Military Institute attended basic training at
the U.S. Border Patrol Academy in Artesia, New Mexico.

THE ROAD AHEAD


46. (SBU) The United States will continue its cooperation with the
Government of Kazakhstan to increase counter-narcotics capacity.
INL will continue providing training in drug courier profiling, the
use of newly provided equipment, and new operations techniques.
Next year, the focus will be on information exchange in the area of
intelligence gathering.


47. (SBU) The United States will continue its cooperation with the
Border Guard Service and provide technical assistance to checkpoints
on the Kazakhstani-Russian border and will open an additional
training center on the northern part of the Kazakhstani-Russian
border.


48. (SBU) In cooperation with the Military Institute, INL plans to
send one instructor from the Institute to the U.S. Customs and
Border Protection Academy and one canine instructor to a canine
academy in the United States. Post will work with the Military
Institute to strengthen its canine capacity by providing equipment
and technical assistance. INL plans to continue to support the
relationship between the Austrian Ministry of Interior's Canine
Center and Kazakhstani canine centers.


49. (SBU) Currently, law enforcement officers lack requisite
English-language skills and are unable to communicate directly with
specialized units in other countries. To solve this problem, INL
will provide English-language training to cadets of the Military
Institute and staff of specialized counter-narcotics units.

STATISTICAL TABLES - TO BE PROVIDED SEPARATELY

CHEMICAL CONTROL


50. (SBU) Article 12 of the Narcotics Convention requires parties
to control substances frequently used in the illicit manufacture of
narcotics drugs or psychotropic substances. In response, the MVD's
Committee on Combating Drugs established a special section on
licensing the legal trade of precursor chemicals, psychotropic
substances, and drugs. The section created a single, unified
register of legal entities whose activity is related to trade with
precursors. The register currently has more than 1,500 entries.


51. (SBU) One of the forms of state control over the trade in
precursors is Operation Doping. In this operation, subdivisions of
the Committee on Combating Drugs inspect legal entities for
compliance with rules on the storage, use, and destruction of drugs,
psychotropic substances, and precursors on an annual basis. These
preventive measures allow for effective controls over precursors and
prevent their outflow to illegal businesses.


52. (SBU) As a result of Operation Doping, the MVD found 332
violations in the legal drug trade, seized 919.4 metric tons of
precursors (hydrochloric and sulphuric acid),and seized 10,333
ampoules of drugs substances and 4,755 ampoules of psychotropic
substances. The MVD initiated 30 criminal cases of violation of the
handling rules for drugs, psychotropic substances, and poisons, and
75 administrative cases of illegal use of drugs, psychotropic
substances, and precursor chemicals without the aim of sale.


53. (SBU) The MVD reports that, in accordance with present
legislation, potassium permanganate and acetic anhydride are subject
to state control and are included in the list of precursors that are
subject to control. Acetic anhydride is not produced in Kazakhstan
and is not imported into its territory. There has been no
industrial use of acetic anhydride since 2005.

MILAS