BURMA: REPORT CARD FOR 2010 NARCOTICS MAJORS LIST

UNCLAS SECTION 01 OF 07 RANGOON 000337 SENSITIVE SIPDIS STATE FOR EAP/MLS, INR/EAP, INL/PC PACOM FOR FPA E.O. 12958: N/A TAGS: SNAR PINR PREL BM SUBJECT: BURMA: REPORT CARD FOR 2010 NARCOTICS MAJORS LIST REF: A. STATE 28306 ¶B. 08 RANGOON 861 ¶C. 08 RANGOON 890 RANGOON 00000337 001.6 OF 007 ¶1. (U) This message responds to Ref A request for a report on the Government of Burma's cooperation on narcotics control objectives in the context of the 2010 Narcotics Majors List. ¶2. (SBU) Begin Text of 2008 Certification Report Card: ¶A. The USG asked the Government of Burma to take verifiable actions against high-level drug traffickers and their organizations, such as investigating, arresting, and convicting leading drug producers and traffickers. Embassy Rangoon Assessment: Limited cooperation. For internal political reasons, the GOB has to date taken no direct action against the eight leaders of the United Wa State Army (UWSA) indicted in January 2005 in a U.S. federal court, although authorities have taken action against other, lower-ranking members of the UWSA syndicate. Two members of UWSA Chairman Bao Yu Xiang's family were sentenced to death and remain in detention after their arrest and conviction October 1, 2005 in connection with the September 2005 GOB seizure of a UWSA-related shipment of approximately 496 kgs of heroin bound for China via Thailand. The GOB continued to cooperate with DEA and the Australian Federal Police (AFP) to monitor and disrupt the flow of illegal narcotics by the UWSA and associated international trafficking syndicates that have ties throughout Asia, the Pacific region, and North America. During 2009, the following significant enforcement activity was noted: -- Summary statistics provided by Burmese officials indicate that from January 2009 to April 2009, Burmese counter narcotics officials have seized 417.543 kilograms (kgs) of opium, 433 kgs of low quality opium, 184.4341 kgs of heroin, 4,529,276 tablets of methamphetamine, 326.4089 kgs of methamphetamine powder, 114 kgs of methamphetamine ICE, 534 liters of precursor chemicals, 352 kgs of precursor chemical powders, 132 kgs of Ephedrine, 61.88 kgs of Psuedo-ephedrine, and 93.5 kgs of Morphine. -- On January 22, 2009, the Central Committee for Drug Abuse Control (CCDAC) seized 160 Units of Heroin (1 unit equals 700 grams) at a residence in Rangoon, Burma. This was the largest seizure of heroin ever to occur in Rangoon, Burma. On January 25, 2009, CCDAC, while following leads related to the January 22, 2009 seizure of 160 Units of heroin, seized an additional 37 Units of heroin concealed in a shipment of containerized wood products. The container was already embarked on a merchant vessel bound for Singapore. This represented the first seizure of narcotics at the Port of Rangoon. In addition, this investigation was an example of outstanding international cooperation among counter narcotics officials from Burma, China, Thailand, Taiwan, and the United States. This investigation resulted in numerous arrests, including a regional Thai fugitive hiding in Nam Tit, Special Region Number Two (UWSA). This investigation is ongoing and has been sourced by CCDAC counterparts to high-level officials within the UWSA. DEA Rangoon is cooperating with RANGOON 00000337 002.6 OF 007 CCDAC on this investigation. -- On April 23, 2009, CCDAC seized 114 kilograms of methamphetamine ICE at a vehicle checkpoint near Keng Tung, Burma. The ICE shipment had been manufactured and originated in Special Region Number One, which is controlled by the Myanmar National Defense Alliance Army (MNDAA) and led former Burmese Communist Party (BCP) leader Peng Chia-sheng. The capital of Special Region Number One (MNDAA) is located in Laukhai. This shipment transited Special Region Number Two (controlled by the United Wa State Army, UWSA) and Special Region Number Four (controlled by the Eastern Shan State Army or ESSA, led by led by former BCP leader Sai Lin a.k.a. Lin Ming-hsien. Sai Lin is the son-in-law of Peng Chia-sheng) prior to its seizure. The ESSA is the Eastern Shan State Army According to CCDAC the shipment was supposed to cross into Thailand from the UWSA Southern Military Region (SMR). This investigation is ongoing. DEA Rangoon is cooperating with CCDAC on this investigation. ¶B. The USG asked the GOB to continue good efforts on opium poppy eradication and to provide location data to the U.S. for verification purposes; increase seizures of opium, heroin, and methamphetamine and destroy production facilities; and adopt meaningful procedures to control the diversion of precursor chemicals. Embassy Rangoon Assessment: Limited cooperation. It has been five years since the last U.S.-Burma joint opium yield survey. During 2008, CCDAC expressed an interest in reviving the survey but did not make this interest known in time for the two sides to organize a survey. DEA continues to urge the GOB to revive the U.S.-Burma Opium Yield Survey. UNODC continues to conduct its own annual survey. According to the UNODC opium yield survey, in 2008 the total land area under poppy cultivation in Burma was 28,500 hectares, a 2.9 percent increase from the previous year. UNODC estimated that the potential production of opium decreased by 11 percent, from 460 metric tons in 2007 to 410 metric tons in 2008. Average opium yields in 2008 were 14.4 kilograms per hectare. The largest areas under cultivation were located in Southern Shan State, where 53 percent of cultivation in Burma occurred. UNODC determined that 33 percent of cultivation in Burma occurred in Eastern Shan State. In Northern Shan State, poppy cultivation comprised three percent of the total cultivation in Burma. In Kayah State, which was first surveyed in 2006, UNODC noted that poppy cultivation is increasing. The same trend was observed in Kachin State. According to UNODC, Kachin State accounted for 5 percent of the total poppy cultivation in Burma. A UNODC survey of Special Region Number 2 (UWSA) revealed no appreciable poppy cultivation. The same was true for Special Region Number One (MNDAA) and Special Region Number Four (ESSA). The decrease in potential opium production in the 2008 UNODC estimate reflects a decrease in overall yield despite an increase in hectares under cultivation. Nevertheless, Burma maintained favorable growing conditions in the major opium poppy growing areas. GOB seizures of illicit drugs increased considerably during the past three years due to closer cooperation with RANGOON 00000337 003.8 OF 007 neighboring countries and stepped-up law enforcement investigations. During 2008, the GOB seized approximately 1.2 million methamphetamine tablets, compared with 1.6 million methamphetamine tablets seized in 2007. In 2008, the GOB seized approximately 3.8 metric tons of methamphetamine powder, 1464 kgs of opium, 2452 kgs of low quality opium, approximately 88 kgs of heroin, and 724 kgs of ephedrine. Burma does not have a domestic chemical industry, but its porous borders and endemic corruption facilitate the diversion and trafficking of precursor chemicals, primarily from China and India, to drug labs in country. The GOB recognizes the threat, but has been unable to establish effective countermeasures to date. The GOB's Precursor Chemical Control Board has identified 25 chemical substances (including caffeine and thionyl chloride) and prohibited their import, sale, and use. During 2008, the GOB seized approximately 1922 kgs of precursor chemical powder, 9335.45 liters of precursor chemicals, and approximately 1378 kgs of caffeine. ¶C. The USG urged the GOB to establish a mechanism for the reliable measurement of methamphetamine production and demonstrate progress in reducing production (e.g., destruction of labs) and increasing seizures, particularly focusing on increased illicit drug seizures from gangs on the border with China, India, and Thailand. Embassy Rangoon Assessment: Limited cooperation. While poppy cultivation remains well below historic levels, there has been a sharp increase in the production and export of synthetic drugs. Burma remains a primary source of amphetamine-type substances (ATS) produced in Asia. While the GOB has significantly increased the quantity of methamphetamines seized, trafficking efforts disrupted, and narcotics labs destroyed in 2008, international drug enforcement agencies see indications that ATS production levels continue to rise. Traffickers continue to use clandestine labs inside Burma to make ATS, using chemical precursors smuggled from India and China, and to smuggle narcotics across the Thai and Chinese borders for distribution within Thailand and China and for transshipment, primarily to other Asian countries and Australia. There is no mechanism regionally or within Burma to measure ATS production. ¶D. The USG asked the GOB to continue cooperation with China and Thailand and expand cooperation to other neighboring countries, such as India, Laos, and Vietnam, to control the production and trafficking of illicit narcotics and the diversion of precursor chemicals. Embassy Rangoon Assessment: Adequate cooperation. The GOB maintains a regular dialogue on precursor chemicals with India, China, Thailand, and Laos. As a result, India and China have taken steps, including the creation of exclusion zones, to divert precursors away from Burma's border areas. The GOB has also cooperated with these RANGOON 00000337 004.6 OF 007 countries on a variety of counter-drug law enforcement issues. GOB cooperation with China and Thailand has been the most productive, yielding arrests, seizures, and extraditions. The law enforcement relationship with India has been less productive. Nonetheless, GOB counter-drug officials meet on a monthly basis with Indian counterparts at the field level at various border towns. Burma and Thailand jointly operate border liaison offices. In 2008, Thailand maintained a drug enforcement liaison officer on its embassy staff in Rangoon. Burma and Laos, with the assistance of the UNODC, conduct joint anti-drug patrols on the Mekong River. Burma became a member of the Asia/Pacific Group on Money Laundering in January 2006, and is a party to the 1988 UN Drug Convention. Over the past several years, the Government of Burma has expanded its counter-narcotics cooperation with other states. The GOB has bilateral drug control agreements with India, Bangladesh, Vietnam, Russia, Laos, the Philippines, China, Indonesia, and Thailand. These agreements include cooperation on drug-related money laundering issues. ¶E. The USG requested that the GOB enforce existing money-laundering laws, including asset forfeiture provisions, and fully implement and enforce Burma's money-laundering legislation passed in June 2002. Assessment: Adequate cooperation. In October 2006, the Financial Action Task Force (FATF) removed Burma from the FATF list of Non-Cooperative Countries and Territories (NCCT),but advised the Burmese Government to enhance regulation of the financial sector. The Government of Burma continues to submit progress reports to FATF on its anti-money laundering program. In October 2007, due to progress on anti-money laundering measures, FATF ended formal monitoring of Burma. FATF continues to monitor Burma on an informal basis. The U.S. maintains the separate countermeasures issued by the Financial Crimes Enforcement Network of the Treasury Department, adopted in 2004 under Section 311 of the 2001 USA Patriot Act, which found the jurisdiction of Burma and two private Burmese banks, Myanmar Mayflower Bank and Asia Wealth Bank, to be "of primary money laundering concern," and which requires U.S. banks to take special measures with respect to all Burmese banks, with particular attention to Myanmar Mayflower and Asia Wealth Bank. Burma is a party to the UN Convention against Transnational Organized Crime and ratified the UN Convention on Corruption in December 2005 and the UN International Convention for the Suppression of the Financing of Terrorism in September 2006. The GOB now has in place a framework to allow mutual legal assistance and cooperation with overseas jurisdictions in the investigation and prosecution of serious crimes. In 2005, the GOB instituted an on-site examination program for financial institutions and closed three major banking institutions (Asia Wealth Bank, Myanmar Mayflower Bank, and the Myanmar Universal Bank) for violations of banking regulations. The banks were allegedly involved in laundering RANGOON 00000337 005.4 OF 007 money linked to the illicit narcotic trade. In August 2005, the GOB, with the assistance of DEA, seized assets of the Myanmar Universal Bank and arrested its Chairman, Tin Sein, and sentenced him to death for laundering UWSA drug proceeds. The total value of seized bank accounts, property, and personal assets exceeded USD 25 million. As a result of the promulgation in 2004 of the Mutual Assistance in Criminal Matters Law (MACML) and subsequent measures to address money laundering and terrorism financing, Burma gained membership in the Asia Pacific Group on Money Laundering in March 2006. In July 2005, Burma and Thailand signed an MOU on the exchange of information relating to money-laundering. With the exception of the Myanmar Universal Bank case, the GOB has not made public the results of its investigations into private banks, nor made explicit connections between the banks and money laundering. In 2006-2007, the Burmese Government amended its "Control of Money Laundering Law" to expand the list of predicate offenses. As of August 2008, a total of 1,495 Suspicious Transaction Reports (STR) had been received. In 2007, nine cases were identified as potential money laundering investigations. As of August 2008, the Financial Investigation Unit (FIU) received 444 STRs, of which seven cases were identified as potential money laundering investigations. The FIU has investigated four cases to date, two of which were sent to the courts for prosecution. Since 2006, the FIU has investigated 20 money laundering cases and submitted eight cases for prosecution. Fifty-four people have been convicted under the "Control of Money Laundering Law." Since August 2005, there have been no significant prosecutions of banking or government officials in cases related to laundering of drug money, and administrative and judicial authorities lack resources to investigate and enforce the anti-money laundering regulations at all levels. The government continues to award contracts for construction and other major infrastructure projects to corporations established by or linked to suspected major drug traffickers. ¶F. The USG urged the GOB to prosecute drug-related corruption, especially corrupt government and military officials who facilitate drug trafficking and money laundering. Embassy Rangoon Assessment: Inadequate cooperation. Burma is ranked 178 out of 180 countries in the 2008 Transparency International corruption index. Some GOB officials, particularly those posted in border areas, are suspected of being involved in or facilitating the drug trade. According to the GOB, between 1995 and 2003, officials prosecuted and punished over 200 police officials and 48 Burmese Army personnel for narcotics-related corruption or drug abuse. There is no evidence that the GOB took any similar actions over the past five years. The GOB has never prosecuted a Burmese Army officer over the rank of full colonel. However, during 2008, Lt. General Ye Myint, Chief BSO 1, was forced to resign following the May 28, 2008 arrest of his son Aung Zaw Ye Myint for narcotics trafficking. ¶G. The USG asked the GOB to expand demand-reduction, RANGOON 00000337 006.4 OF 007 prevention, and drug treatment programs to reduce drug use and control the spread of HIV/AIDS. Embassy Rangoon Assessment: Limited cooperation Although drug abuse levels remain low in Burma compared to neighboring countries, the addict population could be as high as 300,000 abusers based on estimates by UNODC, including a growing number of injecting drug users (IDU) and regular consumers of ATS. The Government of Burma maintains that there are only 65,000 registered addicts. The World Health Organization estimates there are between 60,000 and 90,000 IDUs in Burma. The HIV epidemic in Burma, one of the most serious in Asia, continues to expand . UNAIDS estimates that 34 percent of officially reported HIV cases are attributable to intravenous drug use, one of the highest rates in the world. HIV prevalence among injecting drug users was 46.2 percent in ¶2008. The GOB's prevention and drug treatment programs suffer from inadequate resources and a lack of high-level government support. Demand reduction programs are in part coercive and in part voluntary. There are six major drug treatment centers under the Ministry of Health, 49 other smaller detox centers, and eight rehabilitation centers which, together, have provided treatment to about 70,000 addicts over the past decade. Burmese authorities have also collaborated with UNODC in expanding anti-drug campaigns as well as establishing treatment and rehabilitation programs. The GOB's Myanmar Anti-Narcotic Association, for example, has supported UNODC drop-in centers in Northern Shan State and Kachin State, which treated more than 6,000 addicts in 2007-2008. The GOB also conducted several outreach projects through the public school system. In 2006, the Ministry of Health began to treat heroin addicts with Methadone Maintenance Therapy (MMT) in four drug treatment centers found in Rangoon, Mandalay, Lashio, and Myitkyina. The Ministry of Health also began dispensing methadone treatment in three additional sites, two in Kachin State and one in Rangoon Division. By August 2008, the Ministry of Health had treated more than 300 patients using MMT. Several international NGOs have effective demand reduction programs, including CARE International, World Concern, and Population Services International (PSI). Although the GOB, working with partners, has maintained the above-mentioned programs, Burma has failed to expand demand-reduction, prevention, and drug treatment programs to reduce drug use and control the spread of HIV/AIDS. The Global Fund, which had a budget of $98.5 million to fight HIV/AIDS, TB, and Malaria in Burma, withdrew in 2005. In 2006, foreign donors established the Three Diseases Fund (3DF) to provide humanitarian assistance for HIV/AIDS, Tuberculosis, and Malaria. The 3DF, with its budget of $100 million over five years, supports the work of local and international NGOs, the United Nations, and the Ministry of Health. In 2007, the 3DF supported HIV/AIDS programs such as HIV surveillance and training on blood safety. The 3DF also provided funds for anti-retroviral therapy and the MMT program. End Text of 2008 Certification Report Card. RANGOON 00000337 007.6 OF 007 DINGER