ARGENTINA: JUSTICE MINISTER COMMITS TO ENHANCED

UNCLAS BUENOS AIRES 001054 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL KJUS SNAR DCRM AR SUBJECT: ARGENTINA: JUSTICE MINISTER COMMITS TO ENHANCED MONITORING OF PRECURSOR CHEMICALS ¶1. (SBU) Summary: Ambassador Wayne met with GOA Minister of Justice and Security Anibal Fernandez at the latter's request July 30 to discuss the monitoring and control of methamphetamine and heroin precursor drugs produced and imported to Argentina. With leaders of the key police agencies present, Minister Fernandez expressed his desire to move new legislation controlling chemical precursors rapidly and outlined three key aspects of the monitoring plan: 1) a beginning-to-end system that includes control of the chemicals from production (or import) to final distribution; 2) a dual perspective on execution of the new law with both Federal Police and technical industrial oversight by INTI; and 3) a computer-based on-line system to provide constant monitoring and complete compliance with the new regulations. Ambassador also raised the issue of an outstanding payment dispute between the Ministry and Unisys. The Minister indicated a desire to resolve the problem. End Summary. ¶2. (SBU) Just following the discovery of a ephedrine drug lab run by Mexicans in a Buenos Aires suburb, Minister Fernandez called the Ambassador to arrange a meeting to talk about better control of precursor chemicals. The Ambassador agreed heartily, noting that the DEA had detected substantial growth in precursor chemical discoveries in Argentina and we had helped to work with the GoA to improve its system for controlling the key substances. A July 30 meeting was set. Clearly, the Minister intended this meeting to launch with public knowledge a substantial effort against precursor chemicals. Fernandez, who typically meets solo with the Ambassador, was accompanied this time by Federal Police Chief Nestor Valleca, Gendarmeria Commandante General Hector Scherone, Prefectura Chief of Narcotics Marcelo Valentini, Federal Police Sub-Commissioner Cesar Eymuller, National Prefecture Enrique Julio, and Gendarmeria Commandante Mayor Sergio Segato. He also had substantial media coverage at the start of the meeting. Mission DEA Chief and notetaker accompanied the Ambassador. A ) Z Monitoring System -------------- ¶3. (SBU) The Minister started by discussing the need for substantial improvements to upcoming drug legislation. The Ambassador noted that Mexican drug cartels are actively seeking alternative ephedrine production locations as a result of the stronger anti-precursor drug laws in Mexico. Minister Fernandez agreed and stressed the importance of monitoring the production of the precursor chemicals from beginning to end. Under the new system of oversight, all precursor chemical producers or importers would be required to provide up-to-date information on all stages of production. In order to create an effective system of control, the Minister indicated that every stage from initial production, importation, distribution, and final delivery needed to be monitored. This would include a registration system required by any producer or importer of ephedrine and other chemicals as well as punishing any violators of the new regulations with a loss of their business license. He also implied that his preferred version of the law would include hard penalties and even jail time. He added that without complete control of the entire supply chain, the new law would not produce the desired results. He noted that a bad version of a new precursor law had been voted out of the Senate, but this must be replaced soonest by a better GoA-drafted bill. Police and Industrial Oversight -------------- ¶4. (SBU) The Minister indicated that the control and execution of the new drug law with regards to precursor chemicals would not be limited to law enforcement. He stated that due to the technical nature of production of these chemicals, law enforcement needed to work hand in hand with the GOA's National Institute of Industrial Technology, the agency that monitors and oversees quality control within Argentine businesses. According to the Minister, this dual point of view would enable the law to be an effective tool in combating illicit production of ephedrine. On-line Monitoring System -------------- ¶5. (SBU) The Minister also stressed the need for an on-line monitoring system to effectively oversee production. A National Police official stated that currently there were over 2,000 chemical distributors in Argentina. According to the Minister, such a number of companies could not be monitored without a robust computer-based monitoring system that provides up-to-date details about each company and each aspect of production and distribution. Previous efforts to monitor precursor chemicals through administrative measures fell far short of the intended goal of stopping discoveries for illicit uses. Police officials indicated that in the past, physical inspections of chemical production facilities revealed discrepancies between reported amounts of chemical inventory and the actual amounts on site. ¶6. (SBU) Minister Fernandez ordered the top security officials present to begin acting to put a better system in place right away and with similar speed to prepare for submission to Congress appropriate legislation. He said the government should enact by decree whatever it can to improve the system while legislation is pending. ¶7. (SBU) DEA Chief stated that there were some concerns regarding the status of marijuana in the upcoming drug law, and asked specifically what amounts of marijuana would be considered illegal. The impression was that marijuana was effectively decriminalized under the proposed bill. The Minister responded that there would be no legal amount of marijuana and that possession of the drug is and will remain illegal. However, the judges in each case are the ones that will determine the sentencing. Other items: Unisys, Air Marshals -------------- ¶8. (SBU) After the other officials left, Ambassador raised the outstanding payment dispute between Unisys and Argentine Judiciary. (Secretary of Justice Marcela Losardo, who reports directly to Minister Fernandez, is the MOJ representative to the Magistrates' council that is considering Unisys' claim.) The Minister responded that he would look into the situation right away and indicated that he wished to resolve the issue. Ambassador also conveyed requests to the Minister for an improved approval system from the Minister regarding U.S. Federal Air Marshal visits to Ezeiza International Airport outside Buenos Aires. The Minister responded that he was unaware of the most recent request and gave immediate approval to the Air Marshal team that was awaiting approval. Finally, the Ambassador mentioned the Embassy's recent support of the local NGO "Mothers Against Paco," which is dedicated to assisting youth addicted to "paco," a local cocaine by-product akin to crack. Ambassador also offered congratulations for the Ministry's recent work on combatting trafficking in persons, which was met with appreciation. Comment -------------- ¶9. (SBU) The Minister's focus on improving the monitoring of production of precursor chemicals is a positive indicator that the new drug legislation will be a better tool in combating precursor chemical production. It's also encouraging that he (uncharacteristically) brought along Argentina's law enforcement leadership to the meeting, both as a way to demonstrate the GOA's seriousness and to remind his own team of the importance he places on the precursor issue. The Embassy had made improved contracts of precursor chemicals one of our Mission priorities for this year and had raised the issue on a number of occasions previously with the Minister and others. We will continue to push for more stringent punishments as part of the new law. WAYNE